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HomeMy WebLinkAbout FULL PACKET_2012-12-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 3, 2012 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:06 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:14 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Donald Stow v. City of Santa Ana; WCAB Case No. Unassigned • Sandra and John Bitz v. City of Santa Ana, United States District Court Case # SACV12-1144 JVS (ANx) CITY COUNCIL MINUTES DECEMBER 3, 2012 1 0A-1 • Del Castillo v. City of Santa Ana, Orange County Superior Court Case No. 30-2010-0038134. 1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - One Matter 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: (SEIU) Full-Time Employees Service Employees' International Union CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 DECEMBER 3, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. 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, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION GARY TUCKER, POLICE CHAPLAIN CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT • Rene Guzman, thanked the City Council for support and wished all well. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31 B. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) CITY COUNCIL MINUTES 3 DECEMBER 3, 2012 1 0A-3 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1)* *Councilmember Sarmiento not present at the dais for consideration of Consent Calendar items. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF NOVEMBER 19, 2012 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A ZONING ORDINANCE AMENDMENT NO. 2012-02 TO AMEND SPECIFIC DEVELOPMENT NO. 65 TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET - Planning and Building Agency Placed on first reading at the November 19, 2012 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 23, 2012. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD-65) TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET (ZOA NO. 2012-02) BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency CITY COUNCIL MINUTES 4 DECEMBER 3, 2012 1 0A-4 MOTION: Appoint Nathan Nishimoto, Director, Family Self- Sufficiency Division, replacing Maritza Rodriquez Farr, as the Orange County Social Services Agency representative on the Santa Ana Workforce Investment Board. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve Settlement and Stipulation Agreement in the amount of $56,357.47 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a); Donald Stow v. City of Santa Ana; WCAB Case No. Unassigned. 19B EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ACCEPTING DEVELOPER CONTRIBUTION FUNDS FOR A BUS PAD AT THE NORTHEAST CORNER OF MCFADDEN AND GRAND - Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-066 - Accepting a developer contribution in an amount of $27,700 into the Select Street Construction revenue account and appropriate the funds to the Select Street Construction expenditure account for the Lyon Street Rehabilitation Project (Project 12-6775). SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 12-069 - COMMVAULT PREMIER COMPUTER SUPPORT AND MAINTENANCE RENEWAL - Award a contract to En Pointe Technologies Sales Inc. in an annual amount not to exceed $40,000, with CITY COUNCIL MINUTES 5 DECEMBER 3, 2012 1 0A-5 an option to extend for up to three additional one-year renewals - Finance & Management Services 22B SPEC. NO. 12-070 - TACTICAL BODY ARMOR VESTS - Award a contract to Adamson Police Products for the purchase of tactical body armor vests in an amount of $33,700; and an annual blanket contract in an amount of $25,000 to provide miscellaneous police equipment and traffic flares, for a total annual amount not to exceed $58,700 (Police Department) - Finance & Management Services 22C SPEC. NO. 12-073 - TREATING SANITARY SEWER MANHOLES - Award a contract to Golden Bell Products, Inc. for a one-year period, with provision for three one-year renewals, in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services 22D SPEC. NO. 12-074 - POLICE VEHICLE CONVERSION PARTS AND EQUIPMENT - Amend the contracts to increase the aggregate limit of each vendor by the following amount: (Finance & Management Services) Vendor Go Rhino Products Federal Signal Corp. Power Guardian, Inc. Location Amount Brea $22,000 Anaheim $36,000 North Plains, OR $ 9,000 AGREEMENTS 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 25A through 25E) 25A AGMT NO. 2012-241 - AMENDMENT - PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM - With Phoenix Group Information Systems, for a one-year extension in an amount not to exceed $250,000 - Police Department, Public Works Agency and Community Development Agency 25B FEDERAL TRANSIT AUTHORITY SECTION 5307 FUNDING FOR SECURE BIKE PARKING SYSTEMS PROJECT 13-6791 - Public Works Agency; Parks, Recreation, & Community Services Agency CITY COUNCIL MINUTES 6 DECEMBER 3, 2012 1 0A-6 1. AGMT NO. 2012-242 - COOPERATIVE AGREEMENT NO. C-2-1640 - With the Orange County Transportation Authority in an amount of $164,250, to provide Federal Transit Authority Section 5307 Funds for the Secure Bike Parking Systems project; 2. Approve a Title VI Plan of the Civil Rights Act of 1964 as a condition of receiving Federal Transit Authority funding. 25C AGMT NO. 2012-243 - AMENDMENT - REIMBURSEMENT OF CONSTRUCTION COST AT WILLARD INTERMEDIATE PARK - With the Santa Ana Unified School District - Parks, Recreation & Community Services Agency 25D AGMT NO. 2012-244 - AMENDMENT - JANITORIAL MAINTENANCE SERVICES - With Able Building Maintenance Company for a six-month extension not to exceed amount $185,000 - Police Department 25E AGMT NO. 2012-245 - MAINTENANCE OF THE SANTA ANA STADIUM SCOREBOARD AND MARQUEE - With Daktronics, Inc. for a five-year period in an amount of $31,590 - Parks, Recreation & Community Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY - AUSTRAILIAN SWIM SCHOOL, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on November 13, 2012, by a vote of 5-0 (Acosta absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-24 as conditioned. 31 B VARIANCE NO. 2012-09 TO ALLOW A MONUMENT SIGN TO EXCEED THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER AVENUE - BROOKHOLLOW OFFICE PARK ASSOCIATION, APPLICANT - Planning and Building Agency CITY COUNCIL MINUTES 7 DECEMBER 3, 2012 1 0A-7 Recommended action approved by the Planning Commission on November 13, 2012, by a vote of 5-0 (Acosta absent). MOTION: Receive and file the staff report approving Variance No. 2012-09 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTION 55A RESOLUTION AFFIRMING THE ADOPTION OF MEASURE M2 YEAR- END EXPENDITURE REPORT - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012-050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2011/12 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARING SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A PUBLIC HEARING - MODIFY CHAPTERS 41 AND 11 OF SAMC RELATED TO ALCOHOL SALES AND ENTERTAINMENT (ZOA NO. 2012-03) - Planning and Building Agency Legal Notice published in the Orange County Reporter on November 23, 2012. Matter to be considered by the Public Safety Council Committee. CITY COUNCIL MINUTES 8 DECEMBER 3, 2012 1 0A-8 MOTION: Continue consideration of matter to the February 4, 2013 City Council Meeting, at the request of staff. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - Mayor Pro Tern Alvarez and Councilmember Sal Tinajero At the August 20, 2012 City Council meeting Mayor Pro Tern requested that item be placed on the September 4, 2012 Council meeting. At the September 4, 2012 City Council meeting Mayor Pro Tern Alvarez requested item be agendized on the next City Council agenda for status report from staff. At the September 17, 2012 City Council meeting Mayor Pro Tern Alvarez requested matter be re-agendized after October 2012 to receive update. At the November 19, 2012 City Council meeting Mayor Pro Tern Alvarez requested matter to be agendized for further updates. Clerk of the Council Huizar indicated that staff would bring matter for Council consideration in January, 2013. Councilmember Martinez declared a conflict of interest on Agenda Item 85B, left the dais and did not participate in the discussion of the matter. City Attorney Carvalho reported that the Fair Political Practices Commission recently issued a legal opinion for an elected official with same issue points as Mayor Pulido and determined that it was not a conflict of Interest and able to participate in the discussion of Agenda Item 85B. 85B ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, SETTING PUBLIC HEARING FOR CITY COUNCIL MINUTES 9 DECEMBER 3, 2012 1 0A-9 DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") - Mayor Pro Tern Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012, October 1, 2012, October 15, 2012, and November 19, 2012 City Council meetings. Mayor Pulido requested that Ordinance to repeal PBID be agendized at a future meeting. Noted that he does not support assessment of fees. Councilmember Sarmiento noted that mediation agreed upon by both parties and date being discussed. Mayor Pro Tern Alvarez requested clarification from the City Attorney on ordinance to repeal Property and Business Improvement District (PBID). Made a motion to set matter for public hearing. MOTION: SET A PUBLIC HEARING FOR DISESTABLISHMENT OF PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID"). MOTION: Alvarez SECOND: Tinajero Motion failed 2-4 (Noes: Benavides, Bustamante, Pulido, Sarmiento and Abstain/Absent: Martinez). CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 6:35 P.M. AND RECONVENED AT 6:36 P.M *Councilmembers Benavides and Sarmiento left the meeting at 7:00 p.m. and did not return. PRESENTATIONS MAYOR PULIDO 1. EMPLOYEE SERVICE AWARDS presented to: 20 YEARS OF SERVICE 25 YEARS OF SERVICE * Donna L. Estrada, Correctional Supervisor, Police Department * Jose L. Martinez, Maintenance Worker II, Public Works Agency * Loretta Tafoya, Exec. Secretary, Police Department CITY COUNCIL MINUTES 10 DECEMBER 3, 2012 1 0A-10 Luisa Mendoza, Payroll Technician, Finance and Management Services AGency 35 YEARS OF SERVICE Gloria A. Perez, Police Service Officer, Police Department 2. CERTIFICATE OF RECOGNITION presented to Arik Shafir, Esq. of Gene Goldsman Law Offices for architectural improvements and exceptional renovations to the property located at 501 W. Civic Center Plaza, Santa Ana. MAYOR PRO TEM ALVAREZ 1. CERTIFICATES OF RECOGNITION presented to individuals and organizations that have made outstanding contributions to the community in Public Safety, Business, Education, Arts, Labor and Neighborhood Leadership. • Public Safety - Sergeant John Follo (Retired) for his outstanding achievement in developing the Santa Ana Police Department Strike Force. • Business - Mike Harrah, owner and CEO of Caribou Industries, for his outstanding business development and investment in the Santa Ana community. • Education - Think Together for its outstanding achievement in offering educational programs to enhance the development of Santa Ana students. • Arts - Don Cribb for his outstanding contribution in championing the Arts in Santa Ana. • Labor - Teamsters Local 952 for their commitment to improving the lives of union workers in the Santa Ana Community • Neighborhood Leadership - Rene Guzman, Riverview West Neighborhood Association and Ruby Woo, Artesia Pilar Neighborhood Association, for their outstanding leadership in their respective neighborhoods and for strengthening neighborhood associations throughout the Santa Ana community. 2. BOARDS AND COMMISSIONS RECOGNITION to current and former commissioners for their invaluable service on City of Santa Ana Boards and Commissions: Current Commissioners NAME Lisa Bist Max Madrid Thomas P. Morrissey Frank Acosta Katherine A. Mitchell RECOGNITION CITY SEAL TILE CITY PORTFOLIO CITY SEAL TILE CITY SEAL TILE CERTIFICATE OF RECOGNITION BOARD/COMMISSION Community Redevelopment & Housing Commission Board of Parks & Recreation Environmental & Transportation Advisory Committee (ETAC) Planning Commission Youth Commission CITY COUNCIL MINUTES 11 DECEMBER 3, 2012 1 0A-11 Former Commissioners NAME Nelida Mendoza Yanez Jessica Amezcua Dr. Alfonso Bustamante Ernesto G. Figueroa Daniel Hernandez Jose Rea Luisa Ruiz Eva M. Lombardo Robert J. MacCleod Chris M. Leo Carina Ruvalcaba RECOGNITION CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY PORTFOLIO CERTIFICATE OF RECOGNITION BOARD/COMMISSION Community Redevelopment & Housing Commission Early Prevention & Intervention Commission (EPIC) Historic Resources Commission Human Relations Commission Human Relations Commission Library Board Library Board Personnel Board Personnel Board Planning Commission Youth Commission COLINCILMEMBER BUSTAMANTE 1. BOARDS AND COMMISSIONS RECOGNITION to current commissioners for their invaluable service on City of Santa Ana Boards and Commissions: NAME Gerald A. Tiritilli Dennis W. Wootan Daniel Oregal Blair O'Callaghan Christine Korthuis James R. Gartner Joey Michelle Madrid RECOGNITION CERTIFICATE OF RECOGNITION CERTIFICATE OF RECOGNITION CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE CITY SEAL TILE BOARD/COMMISSION Board of Recreation & Parks Community Redevelopment & Housing Commission Environmental & Transportation Advisory Committee (ETAC) Historic Resources Commission Personnel Board Planning Commission Youth Commission *Councilmember Bustamante left the meeting at 7:44 p.m. and did not return. The City Council did not have a quorum. A quorum of the Santa Ana City Council was not present. CITY COUNCIL MINUTES 12 DECEMBER 3, 2012 1 0A-12 ADJOURNED - 7:44 P.M. the Regular Meeting of December 3, 2012 was adjourned due to lack of quorum. The next meeting of the City Council is scheduled for a Special Meeting on Tuesday, December 11, 2012 at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.. +++++++++++++ PRESENTATIONS COUNCILMEMBER MARTINEZ 1. PROCLAMATION in recognition of Kenneth Pierre "Cheerios" for his uplifting spirit and generosity to the community. Proclamation will be accepted by Patricia Johnson, caretaker for Kenneth Pierre. 2. CERTIFICATES OF RECOGNITION presented to Robert Sanchez of The Law Offices of Alfredo Amezcua and Santa Ana Police Sergeant Dennis Rios for providing additional care and support of Kenneth Pierre. CITY COUNCIL MINUTES 13 DECEMBER 3, 2012 1 0A-13 COMMENTS 90A CITY MANAGER'S COMMENTS • Provided an update on Single-Space Parking Meter Field trial program 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Requested that the City Council be adjourned in memory of John E Tuchler. Councilmember Martinez: • Reflected on the life and contributions of Max Martinez and Larry Shuck and requested that the City Council adjourn in their memory. Adjourn in Memory of Max Martinez, John E. Tuchler, and Larry Shuck *Presentations and Comments concluded at 8:20 p.m. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Update and Action items • Update Citywide Classification and Compensation Plan • Ordinance Addressing Homeless Shelters as required in Senate Bill 2 (SB2) CITY COUNCIL MINUTES 14 DECEMBER 3, 2012 1 0A-14 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 11, 2012 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PUBLIC COMMENT - None 'COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:14 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO TIM FELKER, POLICE CHAPLAIN REGULAR BUSINESS ITEM 55A RESOLUTION DECLARING THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION RESULTS: CITY MEASURE ON CHARTER AMENDMENT AND THE ELECTION OF CERTAIN OFFICERS MOTION; Adopt a resolution. *Claudia Alvarez, Mayor Pro Tem was sworn in as a Rancho Santiago Community College District Board Trustee on December 10, 2012; pursuant to Governemnt Code Section 1099 City Council position forfeited; Mayor Pro Tern Alvarez present for ceremonial purposes. CITY COUNCIL MINUTES 1 DECEMBER 11, 2012 1 0B-1 RESOLUTION NO. 2012-051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Benavides, Bustamante, Sarmiento, Tinajero (6) None (0) None (0) None (0) PRESENTATION Martinez, Pulido, • CITY TILE presented by MAYOR PULIDO to outgoing MAYOR PRO TEM ALVAREZ for her 12 years of service to the community. • CITY TILE presented by MAYOR PULIDO to outgoing COUNCILMEMBER BUSTAMANTE for his 8 years of service to the community. CLOSING REMARKS Mayor Pro Tern Alvarez - recognized family, friends, staff and all of her colleagues past to present for support; reflected on past 12 years of service on the Council; and thanked voters for electing her to the Rancho Santiago Community College District Board. Councilmember Bustamante - thanked constituents for electing him to serve on the City Council; appreciate and respects colleagues' opinion; thanked staff for professionalism; congratulated incoming Councilmembers; and noted some of the City's accomplishments over the past eight years. OATHS OF OFFICE ADMINISTERED TO: Miguel Pulido Mayor by Clerk of the Council, Maria Huizar Vincent Sarmiento Councilmember, Ward 1 by Vicki Sarmiento Angelica Amezcua Councilmember, Ward 3 by Robert Oliver Roman Reyna Councilmember, Ward 5 by Denise Reyna Garcia - 2012-2014 CITY COUNCIL - CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:39 P.M. CITY COUNCIL MINUTES 2 DECEMBER 11, 2012 1 0B-2 ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council REGULAR BUSINESS ITEM 60A ELECTION OF MAYOR PRO TEM The Mayor called for nominations. Councilmember Benavides nominated Sal Tinajero, seconded by Councilmember Martinez. There were no other nominations. By acclamation of the full City Council, Councilmember Tinajero was elected Mayor Pro Tem. CLOSING REMARKS Councilmember Tinajero: • Thanked incoming Councilmembers; • Noted City accomplishments - translation services at City Council Meetings, Sunshine Ordinance; approved balanced budget; • Thanked City Council for Mayor Pro Tem election; intend to serve for two years and allow other members to serve in that capacity. Councilmember Benavides: • Congratulated new Mayor Pro Tem Tinajero on role • Congratulated new City Councilmembers and those re-elected • Recognized service of Councilmember Bustamante. Councilmember Reyna: • Thanked parents for allowing him to dream and voters for allowing him the pleasure of serving on the City Council; and • Looks forward to continuing to serve the community in new role. Councilmember Sarmiento: CITY COUNCIL MINUTES 3 DECEMBER 11, 2012 1 0B-3 • Thanked outgoing Councilmembers for efforts and dedication to the community and wished them well; • Welcomed new Councilmembers and re-elected Mayor; • Thanked family for strong support and voters for re-electing him; • Acknowledged and congratulated all candidates on the ballot; and • Goal will be to follow the City Charter and collectively as a City Council make decisions that will better our community. Councilmember Martinez: Thanked outgoing Councilmembers for commitment to the City; Welcomed new Councilmembers Amezcua and Reyna; and Requested that the City Adjourn in Memory of Jenni Rivera whom she had the pleasure of meeting a couple of years ago when she and Councilmember Sarmiento provided a tour of Willowick as a potential project sitet; expressed deep condolences to the family. Councilmember Amezcua: Thanked family, extended family members in attendance and friends for support; Will hold Community Office Hours that will allow for open communication and community participation; and Thanked colleagues for reaching out to her and look forward to making Santa Ana a more vibrant City. Mayor Pulido: • Thanked family for support and voters for re-election; • Look forward to putting election behind and move the City forward and working as a team; and Adjourned in memory of Mexican Singer, Jenni Rivera. ADJOURNED- 7:25 p.m. - The next regular meeting of the City Council is scheduled for Monday, December 17, 2012 at 5:00 for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.. Installation Reception at Bowers Museum, 2002 N. Main Street Santa Ana, CA Adjourn In Memory of Jenni Rivera Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 4 DECEMBER 11, 2012 1 0B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: CONTRACTS RENEWAL FOR COPPER TUBING (SPEC. NO. 10-045) al A C 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 Renew the contracts for copper tubing for a one-year period, in an annual aggregate amount not to exceed $150,000 with the following vendors: Vendor Location Ferguson Enterprises Pomona S & J Supply Co. Inc. Santa Fe Springs DISCUSSION The Water Resources Division of the Public Works Agency (PWA) maintains 50,000 water service connections to deliver 40,438 acre-feet of water annually to businesses and residents in Santa Ana. To perform maintenance and repairs on the City's extensive water distribution system, PWA requires various sizes of the industry standard "grade K" copper tubing. The tubing is purchased through the Central Stores warehouse for distribution. The contract for copper tubing and miscellaneous waterworks parts is designed to provide quality products at a significant savings based on quantity pricing. On November 15, 2010, the City Council awarded contracts to Ferguson Enterprises and S & J Enterprises for a one-year period, with provisions for three one-year renewals. Staff had recommended awarding contracts to two local vendors to allow for competitive quotes from both vendors on any given day. Copper tubing has a very volatile price pattern and fluctuates based on current market value, supply, and demand. The contracts offer a daily market price for copper tubing with a fixed markup rate. The vendors have performed satisfactorily during the past contract period and staff recommends the second renewal of the contracts. 22A-1 Contracts Renewal for Copper Tubing December 17, 2012 Page 2 FISCAL IMPACT Funds are available in various Water accounting units, account no. 63001. Raul odinez II Executive Directo Public Works Agency SP APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: REJECTION OF ALL BIDS FOR THE PARTON STREET SEWER MAIN IMPROVEMENTS (PROJECT NO. 126418) 1 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 Reject all bids for the construction of the Parton Street Sewer Main Improvements. DISCUSSION This project involves the replacement of an old, deteriorated, and undersized sewer main located under Parton Street between 10th Street and Washington Avenue (Exhibit 1). The improvements include the installation of a new sewer main, laterals, manholes, and appurtenances. Once completed, repairs related to the age and condition of this sewer main will be eliminated, and the chance of future sewer overflows will be significantly reduced by the increased capacity. On November 13, 2012, the City received a total of seven bids. Although six Santa Ana based contractors were invited to bid, no bids were submitted by them. Santa Ana Contractors Invited to bid: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF BIDDER 1. GRFCO, Inc. 2. Andrew Papac & Sons 3. Bali Construction, Inc. 4. Vasily Company, Inc. 5. SRD Engineering, Inc. 6. GCI, Construction, Inc. 7. VCI Construction, Inc. CITY Moreno Valley El Monte So. El Monte Shadow Hills Anaheim Costa Mesa Upland 23A-1 6 20 7 0 BID AMOUNT $266,070 $294,760 $329,084 $330,154 $341,292 $343,240 $460,880 Rejection of Bids for Parton Street Sewer Main Improvements December 17, 2012 Page 2 Of the seven bids received, the top five failed to submit required certifications and references, thus resulting in their bids being determined non-responsive. Upon review of our construction and bid documents, staff concluded that the certifications and references requirement in the Notice Inviting Bids was ambiguous and unclear. Therefore, staff recommends the rejection of all bids to ensure that there is a uniform and fair process in the bidding and procurement of construction contracts. Staff will amend the bid package following Council action, preserving the intent of the design, and will rebid the project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. a Raul Godinez I Executive Direc or Public Works Agency RGrrC 23A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: AGREEMENT WITH THE CONFIDENTIAL ASSOCIATION OF SANTA ANA i C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Confidential Association of Santa Ana regarding wages and other terms and conditions of employment. DISCUSSION The City and the Confidential Association of Santa Ana (CASA) recently completed contract negotiations resulting in a new Memorandum of Understanding (MOU). The provisions of this agreement include: 1) Term: A two-year term, from July 1, 2012 through June 30, 2014. 2) Reinstatement of Scheduled Salary Increase: A 2% salary increase, deferred from its scheduled effective date of January 1, 2012, will be retroactively applied to its original effective date. 3) CalPERS Retirement: CASA employees hired after January 1, 2013 who receive the 2.7%@55 formula will make an additional contribution of 2.5% toward this benefit, for a total contribution of 10.5%. CASA employees hired after January 1, 2013 who are new to the CaIPERS system will receive the retirement formula and contribution charge that complies with the recently-passed Assembly Bill 340. 25A-1 Agreement with the Confidential Association of Santa Ana December 17, 2012 Page 2 4) Payment for Unused Sick Leave: Upon termination from employment, employees with 15 years of service shall be entitled to payment of 1 /2 of their unused sick leave, and employees with 20 years of service shall be entitled to payment of 2/3 of their unused sick leave. 5) Catastrophic Leave: Currently, employees on leaves of absence due to non-industrial injury or illness who have exhausted their paid leave time may receive donations of paid leave time from other employees. This provision would allow these employees to use all of the donations they receive, beyond the point when their partial-salary long term disability benefits begin. 6) Medical Retirement Subsidy Plan: CASA members will have the option of participating in a Retiree Health Savings Plan (RHSP), which is a plan to provide for payment of health insurance premiums and other qualified medical expenses post-employment on a tax-free basis. 7) Joint Labor Management Teams: The City and CASA agree to form Joint Labor Management Teams to: 1) identify jobs that have increased in complexity, 2) establish a career development incentive plan, and 3) develop a paycheck direct deposit program. 8) Overtime: Sick leave shall not be included in the computation of a forty hour workweek when determining overtime eligibility and payment. FISCAL IMPACT This agreement will result in a cost of $30,000 during fiscal year 2012-13 and a cost of $50,000 during fiscal year 2013-14 for a total cost to the City of $80,000 during the term of the agreement. Funds are available in the salary accounts of the various agencies with CASA employees. APPROVED AS TO FUNDS AND ACCOUNTS: d aya Francisco Gutierrez Executive Director Executive Director Personnel Services Department Finance & Management Services Agency 25A-2 I MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA JULY 1, 2010 THROUGH JUNE 30, 2014 25A-3 ABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION 4 ARTICLE II NON-DISCRIMINATION CLAUSE 5 ARTICLE III IMPLEMENTATION 6 ARTICLE IV ATTENDANCE, WORKDAY & WORKWEEK 7 ARTICLE V SALARIES 12 ARTICLE VI ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 189 ARTICLE VII OVERTIME 245 ARTICLE VIII TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 289 ARTICLE IX HOLIDAYS 3-12 ARTICLE X VACATION 345 ARTICLE XI OTHER LEAVES OF ABSENCE 389 ARTICLE XII EMPLOYEE INSURANCE 437 ARTICLE XIII RETIREMENT 4850 ARTICLE XIV SAFETY 503 ARTICLE XV GRIEVANCE REVIEW PROCEDURE 5-14 ARTICLE XVI ASSOCIATION RIGHTS 536 ARTICLE XVII DUES DEDUCTION & INDEMNIFICATION 559 ARTICLE XVIII CITY RIGHTS 3760 ARTICLE XIX STRIKES & WORK STOPPAGES 5962 ARTICLE XX LAYOFFS 603 ARTICLE XXI MISCELLANEOUS PROVISIONS 625 ARTICLE XXII SOLE & ENTIRE AGREEMENT 659 ARTICLE XXIII WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 6670 ARTICLE XXIV EMERGENCY WAIVER PROVISION 670 ARTICLE XXV SEPARABILITY PROVISION 6872 ARTICLE XXVI TERM OF AGREEMENT "73 ARTICLE XXVII RATIFICATION & EXECUTION 704 EXHIBITS EXHIBIT A BASIC SALARY & WAGE SCHEDULE 7-26 EXHIBIT B ASSIGNMENT OF CONFIDENTIAL ASSOCIATION OF SANTA ANA FULL TIME CLASSIFICATIONS TO SALARY RATE RANGES 748 EXHIBIT C RESOLUTION NO. 81-75 7-680 EXHIBIT D 9/80 HARDSHIP CLAIM 8892 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1v:_20)0= 204-214 Page 2 ABLE OF CONTENTS (Alphabetical Order) SUBJECT ARTICLE PAGE ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ARTICLE VI 189 ASSOCIATION RIGHTS ARTICLE XVI 536 ATTENDANCE, WORKDAY & WORKWEEK ARTICLE IV 7 CITY RIGHTS ARTICLE XVIII 5760 DUES DEDUCTION & INDEMNIFICATION ARTICLE XVII 569 EMERGENCY WAIVER PROVISION ARTICLE XXIV 4771 EMPLOYEE INSURANCE ARTICLE XII 457 GRIEVANCE REVIEW PROCEDURE ARTICLE XV 54-4 HOLIDAYS ARTICLE IX 34-2 IMPLEMENTATION ARTICLE III 6 LAYOFFS ARTICLE XX 603 MISCELLANEOUS PROVISIONS ARTICLE XXI 635 NON-DISCRIMINATION CLAUSE ARTICLE II 5 OTHER LEAVES OF ABSENCE ARTICLE XI 339 OVERTIME ARTICLE VII 245 RATIFICATION & EXECUTION ARTICLE XXVII 704 RECOGNITION ARTICLE 1 4 RETIREMENT ARTICLE XIII 4850 SAFETY ARTICLE XIV 503 SALARIES ARTICLE V 12 SEPARABILITY PROVISION ARTICLE XXV 6872 SOLE & ENTIRE AGREEMENT ARTICLE XXII 689 STRIKES & WORK STOPPAGES ARTICLE XIX n62 TERM OF AGREEMENT ARTICLE XXVI 4,Q73 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM ARTICLE VIII 289 VACATION ARTICLE X 345 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT ARTICLE XXIII 6671 EXHIBITS: ASSIGNMENT OF FULL TIME CLASSES REPRESENTED BY CONFIDENTIAL ASSOCIATION OF SANTA ANA EXHIBIT B 748 BASIC SALARY & WAGE SCHEDULE EXHIBIT A 736 RESOLUTION NO. 81-75 EXHIBIT C 7680 9/80 HARDSHIP CLAIM FORM EXHIBIT D 8892 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201-214 Page 3 25A-5 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called "the City") has recognized the Confidential Association of Santa Ana (hereinafter called "CASA") as the majority representative of the bargaining unit which includes all full-time employees employed by the City of Santa Ana in classifications heretofore designated as "confidential" and which are listed in Exhibit B of this Agreement. 1.2 Notwithstanding the following provisions of this Memorandum of Understanding, the parties agree that they have intended nothing herein to entitle, alter or award Civil Service rights or privileges to any employee represented by CASA who is in the Excepted (Exempt) Service of the City of Santa Ana. 1.3 During the term of this Agreement, no substantive issue of representation shall be raised contrary to this Agreement except as provided in Resolution No. 81- 75, the Employer-Employee Relations Resolution of the City of Santa Ana (refer to Exhibit C). 1.4 The term "employee" or "employees" as used herein shall refer only to full time CASA employees of the City, in the employee classifications listed in the attachment shown as Exhibit B of this Agreement, as well as such classifications as may be added hereinafter via Council resolution. 1.5 It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between the City and employees covered by this Memorandum. It sets forth the full and entire understanding reached in good faith negotiations regarding the wages, hours, terms and conditions of employment of employees covered by this Memorandum of Understanding which the parties intend to submit jointly and recommend for approval to the City Council of the City of Santa Ana. 2014 Page 4 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A2016 - ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and CASA agree that they shall not discriminate against any employee because of race, color, gender, sexual orientation/association or perception, age, national origin, ancestry, disability, medical condition, marital status, pregnancy, childbirth or related medical conditions, genetic information, political or religious opinions or affiliations, or CASA membership. The City and CASA shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti- discrimination laws. 2.2 Whenever reference is made to the masculine gender, it shall be understood to include the feminine gender, unless expressly stated otherwise. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) iU: Q201 201214 Page 5 ARTICLE III 3.0 IMPLEMENTATION 3.1 The parties agree that this Memorandum of Understanding shall not be binding upon the parties until said City Council: A. Acts, by majority vote, to formally fe approve said Memorandum of Understanding; and B. Acts to appropriate the necessary funds required to implement the provisions of this Memorandum of Understanding that require funding. 3.2 Notwithstanding the foregoing, in the event the City Council fails to take all actions necessary to implement this Memorandum of Understanding in a timely manner, the parties understand that they may mutually agree to implement appropriate provisions of this Memorandum that do not require specific approval by the City Council. 3.3 Implementation shall be effective as of the date the memorandum of understanding is formally approved by the City Council. If the parties fail to agree to implement provisions of this Memorandum not requiring City Council approval, then negotiations shall resume upon the request of either party. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AA-6 I: 201 20M4 Page 6 ARTICLE IV 4.0 ATTENDANCE, WORKDAY & WORKWEEK 4.1 Attendance. Employees covered by this Agreement shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s). 4.2 Hours of Work. Eight (8) hours of work shall constitute a normal workday and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special schedules have been approved by the City Manager. A. 4/10 Work Schedule. The Department Head, with the approval of the City Manager, may assign employees to a workweek consisting of four (4) ten-hour (10-hour) days with an additional one-half (1 /2) or one (1) hour for unpaid lunch, as negotiated with CASA. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours. B. 9/80 Work Schedule. The work schedule described below is known as the "9/80" work schedule. The "9/80" work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. Employees shall be permitted to work a "9/80" work schedule when authorized by the Department Head and approved by the City Manager. A departmental work unit shall not be permitted to work this schedule if in the discretion of the Department Head and City Manager, the "9/80" work schedule may reduce service to the public. 1. "9/80" Work Schedule Defined. The "9/80" work schedule shall be defined as working eighty hours (80) over nine (9) days in a two-week period. An employee shall work eight (8) days for nine (9) hours per day and one day for eight (8) hours, excluding a one-hour lunch during each work shift, totaling forty (40) working hours in each FLSA work week. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1QS1:.?01b 20-14 Page 7 a. The Work Week Period. The forty (40) hour FLSA work week period shall be defined as the work period starting from Friday at mid-shift to Friday at mid-shift. No employee working the "9/80" work schedule shall be able to flex their Friday start time nor the time they take their lunch break, which shall occur in the middle of the day on Fridays. b. The 9/80 Work Period. The "9/80" two-week work period for employees starts Friday mid-shift and continues for fourteen (14) days until Friday mid-shift. During this period, each week is made up of four (4) nine-hour work days (thirty-six hours) and one (1) four-hour Friday for a total of forty (40) work hours in each workweek (e.g., the Friday is split into four (4) hours for the first shift, which is charged to work week one and four hours (4) for the second shift, which is charged to work week two). C. Work Schedule Changes. Employees shall not be permitted to change their work schedules without prior approval of their supervisor and Department Head. d. Modifications of the FLSA Work Week. Modifications of the FLSA work week period are not permitted unless authorized by the Executive Director of Personnel Services and the City Manager. e. Emergencies. All employees on the "9/80" work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Department Head or designee, may require such service from any of said employees. 4.3 9/80 Schedule Hardship Claims. Any employee having been authorized to work the "9/80" work schedule who subsequently encounters a personal hardship with his/her work hours may request an accommodation from his/her Department Head. A "hardship request" shall be limited to an employee's authorized hours of work. An accommodation shall be considered only after the employee has exhausted all other personal options to resolve the hardship. If the employee is unable to resolve his/her problem, the employee may request an accommodation from their Department Head by submitting a hardship claim. The Department Head may authorize an accommodation CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) It410- _ C14 Page 8 after reviewing said claim or assign a manager to investigate and recommend a resolution of the hardship claim. The manager may recommend the following: A. Approve an appropriate flex schedule that does not disrupt the department's ability to deliver its services or that does not create disruption in the work unit. B. Disapprove the employee's proposed solution to resolve the hardship. C. Reassign the employee to a 5/40 work schedule. The Department Head may accept any one of the manager's recommendations or advance his own to resolve the hardship. D. Hardship Claims. The following process shall apply to CASA employees on a 9/80 schedule with hardship concerns: Employees shall be required to explore and exhaust all personal options to resolve the hardship. The employee's efforts to resolve his/her personal situation must be explained on the form. 2. An employee claiming an ongoing hardship due to the 9/80 work schedule should submit a hardship claim form (Exhibit D of this MOU) to the Department Head through his/her manager. The Department Head may authorize an accommodation after reviewing said claim or may assign a manager to investigate and recommend a resolution. 3. If, according to the employee, the hardship claim was not resolved through the Department Head's recommendation, the employee may submit the claim form to the Personnel Services Department, M-24. A Hardship Committee shall be established to assist in the resolution of hardship claims and meets on an as- needed basis. The Hardship Committee will review the claim and make a recommendation to the Department Head. 4. Hardship claims due to health reasons, either the employee's or a dependant, must be supported by medical verification signed by the employee's or dependants' private physician. 5. In cases where a hardship exists, as determined by the Hardship Committee, efforts will be made to identify alternatives with due regard to the employee's request but, with particular concern CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU?010= 2¢ 14 Page 9 to the needs of the department. The Department Head has final approval on any work schedule adjustment. 6. If transferred or reassigned to a different department and a hardship continues, a new hardship claim must be filed with the new Department Head. 7. It is the employee's responsibility to notify his/her supervisor if the hardship terminates and return to the normal 9/80 work schedule. Inconvenience or preference does not constitute a hardship. 4.4 Overtime Defined. All FLSA nonexempt employees working under the "9/80" work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as required under FLSA. Employees are required to obtain supervisor authorization before working any overtime. A. Overtime Compensation. Overtime work, and compensation for same, shall follow the provisions stated in Article VII - Overtime. B. Compensatory Time. Terms and compensation for Compensatory Time shall follow the provisions stated in Article VII - Overtime. 4.5 Leave Benefits. When an employee is off on a scheduled workday under the 119/80" work schedule, nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance; if the day off is a Friday, then eight (8) hours shall be charged. When an employee is off on a scheduled workday under the "4/10" work schedule, ten (10) hours of eligible leave per workday shall be charged against the employee's leave balance. All leaves shall continue under the current accrual, eligibility, request and approval requirements. A. Vacation Leave. Provisions for vacation leave are found in Article X of this MOU. B. Sick Leave. Provisions for sick leave are found in Article XI of this MOU. C. Bereavement Leave. Provisions for bereavement leave are found in Article XI of this MOU. D. Holidays. Provisions for holiday leave are found in Article IX of this MOU. 1. For a recognized City holiday, eight (8) hours, as stated in Article IX (Holidays), are earned for each holiday. For the charging of CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) JtK10- _ 1 f14 Page 10 hours on a scheduled holiday, the employee must use nine (9) hours of holiday time off for a nine (9) hour workday or eight (8) hours holiday time off for a Friday. 2. If a holiday falls on an employee's Friday off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and Department Head approval. If the employee cannot take their holiday off before or after the regular scheduled holiday off the employee shall bank eight (8) hours of holiday leave to be used at a later date with the supervisor's approval. E. Jury Duty Leave. If an employee is called to serve on jury duty during a normal Friday off, or a Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off work; therefore, the employee shall receive no added compensation. See Article XI, Section 1 1.4, Jury and Witness Leave. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201-214 Page 11 25A-13 ARTICLE V 5.0 SALARIES 5.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all full-time personnel who are now employed or shall in the future be employed in any of the designated classifications of employment represented by CASA as listed in this Agreement and its attachments. 5.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit "A," and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of six (6) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "AA" through "E" inclusive, with Step "AA" being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Exhibit "A." The assignment of classifications to salary rate ranges for full time personnel is listed in Exhibit B, which is attached and made a part hereof as though set forth herein. 5.3 Salaries. A. Effective July 1, 2010, CASA members are scheduled to receive a 4.0% salary increase. CASA agrees to defer this scheduled increase until July 1, 2011. B. Effective January 1, 2011, CASA members are scheduled to receive a 2.5% salary increase. CASA agrees to defer this scheduled increase until January 1, 2012. C. Effective July 1, 2011, the base salary of classifications listed in Exhibit B shall be increased by five (5) salary rate ranges (approximately 2.5%). D. Effective January 1, 2012, the base salary of classifications listed in Exhibit B shall be increased by four (4) salary rate ranges (approximately 2.0%). E. Effective January 1, 2012, CASA members agree to defer the scheduled January 1, 2012 salary increase (approximately 2 %) until such time as negotiations on the successor MOU are completed. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1:_2010 - 214 Page 12 This non-precedent setting, one-time modification of the MOU, Article V, Section 5.3 D Salaries shall not be considered a re-opener nor shall it be considered in any way a permanent loss of the scheduled 2.0% salary increase. F. Upon Council approval of this agreement, retroactive to January 1, 2012, the base salary of classifications listed in Exhibit B shall be increased by four (4) salary rate ranges (approximately 2.0%). 5.4 Application of Basic Compensation Plan. The salary rate ranges discussed in Section 5.2 and attached hereto as Exhibit "B" are monthly salary rate ranges. All full-time employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. The regular rate of pay shall be computed as provided for by the Fair Labor Standards Act (FLSA). Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half cent shall fix the rate at the next higher whole cent. 5.5 Probation. Except for employees in the Excepted Service as defined by the City Charter, and employees re-employed from re-employment lists, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) and six (6) months from the date of appointment from a promotional eligible list. 5.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "AA" in the salary rate range allocated to the classification of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "A," "B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Q.?:.?0101 5A-14 Page 13 5.7 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1 st) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this Agreement, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed as provided in the Santa Ana Municipal Code (SAMC), Section 9-1 14 within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean separating from full-time City employment altogether, not leaving one position to accept appointment to another position in an unrelated classification outside the career ladder. 5.8 Advancement within Ranges. A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following the date of completion of the length of service required for such advancement as provided in Section 5.2 and Exhibit A hereof. B. Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 5.2 and Exhibit A hereof; the effective date of such merit increase, if granted, shall be on the first (1 st) day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Page 14 Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. 3. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 8 of this Article. C. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subparagraphs B.2 and B.3 of this section, supra. 5.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department Head, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 5.8 above, and such employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 5.8 above. 5.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "AA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AA," he or she shall be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step (approximately 5%) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 15 25A-17 "E" step will not be sufficient to provide a one (1) salary step (approximately 5%) increase. 5.11 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step (approximately 5%). B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions in Section 5.9 above. 5.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 5.13 Request for Classification Review. Any employee who, for a continuous period exceeding six (6) months, believes he or she is regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head. The employee must submit their request on a form specified by the Executive Director of Personnel Services, outlining in writing how they believe their current duties and/or responsibilities differ from their classification concept. A. The Department Head shall review the employee's submitted request and within sixty (60) days shall make one of the following determinations: Will support the employee's request. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Page 16 a. If the Department Head supports the employee's request for a classification review, he or she shall forward the request to the Executive Director of Personnel Services along with justification for support of the employee's request. b. The Department Head shall notify the employee that his or her request has been submitted to the Executive Director of Personnel Services. 2. Will not support the employee's request. a. If the Department Head does not support the employee's request for a classification review, he or she shall notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, he or she can do the following: Return the employee to performance of the duties and/or responsibilities of their proper classification. 2. Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it shall provide higher compensation. B. Any employee request for classification review approved by the Department Head shall be forwarded to the Executive Director of Personnel Services. The Executive Director of Personnel Services shall confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director of Personnel Services shall notify the employee and Department Head of the decision as to whether a study will be conducted. If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director of Personnel Services shall so notify the employee and the Department Head in writing and shall provide the employee and Department Head with an approximate start date for the study. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1U: Q2010 = ?_¢1-214 Page 17 C. All determinations of the Department Head and the Executive Director of Personnel Services are final. D. All studies and study findings shall require City Manager approval before proceeding. E. All recommendations resulting from study findings require the approval of the City Council and shall be implemented in accordance to the City's Civil Service rules. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU?010= aV -214 Page 18 ARTICLE VI 6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 6.1 Assignment Pay Differential. Assignment pay differentials, as listed herein and throughout the Agreement, shall, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. Employees who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the work of the position, shall be paid a monthly differential of sixty dollars ($60) above his or her base monthly salary step for each full month of such assignment. B. Full-time incumbents in any classification listed in this Agreement who are required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of forty dollars ($40) above his or her then current base monthly salary step. 6.2 Lead Pay. Incumbents in any classification listed in this Agreement who are regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and CASA and approval of the Department Head and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay." In addition, incumbents in any classification listed in this Agreement who are regularly and continuously assigned to perform lead supervisory responsibilities shall receive lead pay compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step: 6.3 Bilingual Pay. An employee who is assigned by a Department Head or his or her designee to a position requiring bilingual capability in both English and either Spanish, Samoan, Vietnamese or other languages designated by the City Manager, shall be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) M0 010 = jr14 Page 19 uA-2 A. The employee must be certified by the Executive Director of Personnel Services, or his or her designee, as having satisfactorily demonstrated conversational fluency in both English and the second language for any position requiring bilingual capacity. B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. A qualified incumbent of such position shall be paid a monthly differential of one hundred seventy-five dollars ($175) above his/her then-current base monthly salary step. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, shall be designated as Secondary Bilingual Assignments. A qualified incumbent of such position shall be paid a monthly differential of forty dollars ($40) above his or her base monthly salary step for each full month of such assignment. D. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Head and the City Manager. E. There shall be periodic recertification of such bilingual capability. F. All assignments to positions set forth in this Article shall be made or revoked at the discretion of the Department Head. G. If the City modifies the amount of bilingual pay for any other bargaining unit during the term of this agreement, CASA agrees to form a Joint Labor Management (JLM) committee with the City to review bilingual pay provisions and assignments (see also Article XXI, Section 21.3.B). 6.4 Shift Differential. A. Generally. An employee in a classification represented by CASA who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (41/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 20 25A-22 salary rate ranges (approximately 5%) higher than his or her then- current base monthly salary step. B. Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than the first (1 st) day of the second (2nd) payroll period following Council approval, such employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. 6.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, full-time, budgeted, higher-level position the following shall apply: A. General Guidelines 1. Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or authorized long-term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. 2. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. 3. Prior to recommending to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall make the following determinations: a. The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list, whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other employee or employees in the same or higher classification. 4. The City Manager or his/her designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A201 Q_ 2N214 Page 21 -23 B. Eligibility. Regular, full-time employees shall be eligible to receive Temporary Upgrade Assignment Pay if the work assumed encompasses the majority of the typical duties and responsibilities of the vacated higher-level position, and the employee meets the qualifications outlined in B.2, below. A. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: 1) Non-permanent employees (Probationary, Part- time, Seasonal, etc.). 2) Employees performing work above their regular classification in a training capacity. 2. To qualify for temporary upgrade assignment pay, employees must serve in an acting capacity in the higher-level classification as follows: o ten (10) consecutive working days of eight (8) hours each; or o eight (8) consecutive working days of ten (10) hours each for employees working an alternative work schedule; or o any combination of consecutive working days consisting of nine (9) hours each and one (1) working day consisting of eight (8) hours, for a total of 80 hours of work for employees working the "9/80" work schedule; or a. A permitted absence of two working (2) days or less during such ten (10) day period shall not be deemed to void such consecutive service; however, the days of absence shall not be counted in the computation of eligibility to qualify for the temporary upgrade assignment pay. b. In computing qualifying service rendered, only full days of actual duty shall be included, and partial days shall not be combined to make full days unless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) A:A201 29-1-214 Page 22 C. Employees must requalify for a Temporary Upgrade Assignment if the employee has not worked in this specific upgrade assignment for a period of eighteen (18) consecutive months or longer. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department Head. 3. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. C. Payment. On the next consecutive working day following the qualification period for temporary upgrade that an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutive working day the employee so serves, he or she shall receive the beginning rate (Step "AA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (approximately 5%) higher than the current base salary rate he or she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additives) whichever is greater, except when placement at "E" step shall not be sufficient to provide the ten (10) salary rate range increase. During the term of this Agreement, if an employee has worked in a higher classification for the required minimum number of consecutive work days to qualify for temporary upgrade assignment pay, the employee shall thereafter receive upgrade pay for each day the employee is assigned to work in the higher classification during the term of this Agreement. 2. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, shall not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 6.5C above. If the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee remains eligible for such pay while in the temporary upgrade position, this amount shall be added to the new salary rate range. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 15-a Q?1?01 CZ 2Q?214 Page 23 3. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a Temporary Upgrade Assignment, an employee shall continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases shall be paid only to maintain the minimum five percent (5%) differential above the salary to which an employee is entitled in his or her permanent position. 6.6 All assignments of personnel to positions set forth in Sections 6.1 through 6.5 above shall be made or revoked at the discretion of the Department Head. 6.7 Career Development Incentives. Employees hired in a classification which requires a specialized certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's passage of probation ("regular appointment"), shall not be eligible for career incentive pay for that prerequisite certificate. However, they shall be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive provision result in an individual being eligible to earn more than twenty-five (25) salary rate ranges (approximately 12.5%) above his or her current monthly base salary step. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1QJII:201 ?ir 14 Page 24 ARTICLE VII 7.0 OVERTIME 7.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work. 7.2 Definition. Overtime work for those on a 5/40 work schedule is defined as: A. That authorized or required time worked in excess of the normal workday, tour of duty, or workweek schedule for the particular classification and organizational unit of an employee. A workweek is a fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 24-hour periods - as designated by the appointing authority. An employee's work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XVIII, infra. B. Work on observed holidays or work on any regularly scheduled non- work day of which there shall be two (2) per week, if work on any regularly scheduled non-work day is worked at management's direction. 7.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual work time, jury/witness leave, sick Leave and bereavement leave. Any combination of these work hours in excess of eight (8) hours per day (except for employees on a 4/10 or the 9/80 work schedule) or forty (40) hours per week shall entitle the employee to overtime compensation. Paid time off for vacation leave, all unpaid leave, Association release time and compensatory time off shall not be credited towards the forty (40) hour workweek. No employee shall work overtime hours unless authorized by the department head or his/her designee. 7.4 All FLSA nonexempt employees working under the "9/80" work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as required under FLSA. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1v1QU?010= 2¢214 Page 25 Should the City modify the manner by which it pays overtime (FLSA) to members of other miscellaneous bargaining units, CASA agrees to reopen this topic for discussion. 7.5 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1.5) times the employee's regular rate of pay, subject to the provisions of Subsection "C" below. B. Should the Department Head determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by taking paid compensatory time off in lieu of monetary compensation. C. Employees shall have the option with Department Head approval to convert a maximum of eighty (80) hours of time and one-half paid overtime (in compensation for 53 1 /3 [fifty-three and one-third] overtime hours worked) to time and one-half compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee when requested at least 72 hours in advance, provided it does not unduly disrupt the operations of the agency. If the Department Head or his or her designee subsequently denies the requested compensatory time off the employee and department shall mutually agree on a future date within one year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one year, such compensatory overtime will be paid off in cash. D. The comp time bank for employees covered by this Agreement has a maximum accrual limit of one hundred and sixty (160) hours. E. Because each hour of overtime worked is programmatically accrued on a time and one-half basis, compensatory time off shall be taken, and monetary payment shall be paid, on a straight-time basis. Also, upon termination, any earned, unused compensatory time off ("time- on-the-books") shall be paid on a straight-time basis. F. Time off with pay to compensate for overtime worked may be taken in increments as small as a half ('/2) hour. G. If compensatory time off is used in excess of that available, such excess compensatory time off shall first be deducted from any available vacation benefits, after which it shall finally be deducted from the next scheduled wage or salary payment. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU: 2010 - Z¢1-214 Page 26 H. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 7.6 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 7.7 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 7.8 Call-Back Duty. Any employee covered by this Agreement who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. 7.9 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot, or other catastrophe or emergency which directly affects city operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full-time employees of the City to work overtime or off-shift as he or she shall determine, to protect life and property within the City. 7.10 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative orjudicial action, they shall meet and confer regarding any proposed changes to this Agreement; however, no such changes shall be made except on mutual agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 27 25A-29 7.11 Reopener. If, during the term of this Agreement, the City modifies the manner in which it pays overtime (pursuant to the Fair Labor Standards Act), the City and CASA agree to reopen this provision of the Agreement and commence discussions regarding the City's modifications to overtime payments. 7.12 Court Appearance. Compensation for court appearance by employees covered by this Agreement shall be as follows: A. For each required court appearance made by an employee during his or her off-duty time in regard to City business, said employee shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime for a court appearance during his/her off-duty hours. If separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime shall be allowed for each session attended. If the employee is not released from a morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll procedures. B. A subpoenaed employee scheduled to appear in court on City business during off-duty time may be placed on standby status by the Department Head or his or her authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such off-duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each said court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in court, with the approval of the Department Head. If such off-duty employee on standby actually appears in court, he or she shall be compensated as provided in Subsection A, supra. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A201Q01-214 Page 28 -30 ARTICLE VIII 8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 8.1 Purpose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 8.2 Eligibility. A. Applications for tuition reimbursement shall be considered only from full-time, permanent City employees who have completed the probationary work test period. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc. C. Applications shall be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or herjob, may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval shall be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 29 25A-31 instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Personnel Services Department. G. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 8.3 Reimbursement. A. Reimbursement shall be based on the cost of tuition or registration fees and all required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of course work; 2. That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. Maximum tuition reimbursement is two thousand ($2,000) per fiscal year, which the employee may claim either as costs are incurred during the year or as one lump sum. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 8.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to his or her Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204214 Page 30 25A-32 B. The Department Head shall recommend approval or disapproval based on established criteria and budgetary constraints, and then shall forward the application to the Executive Director of Personnel Services. C. The Executive Director of Personnel Services or his or her designee shall approve or disapprove the application for the City Manager. One copy shall be returned to the employee and the duplicate shall be retained by the Personnel Services Department. It is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds. D. The employee shall submit his or her copy of the approved application to the Personnel Services Department within three (3) months after he or she has completed the course and received his or her final grade. Such employee must include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These shall be returned to the employee upon request. Applications not submitted to the Personnel Services Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Personnel Services Department shall determine whether the completed course of instruction is compatible with the provisions of this Article and shall compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. F. The Department Head shall then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. : 2010-N214 Page 31 I CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AA-33 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January 1 - New Year's Day. o Third (3rd) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. o Third (3rd) Monday in February - In commemoration of President's Day. o Last Monday in May - In commemoration of Memorial Day. o July 4th - In observance of Independence Day. o First (1 st) Monday in September - In observance of Labor Day. o November 11 th - In observance of Veterans' Day. o Fourth (4th) Thursday in November - In observance of Thanksgiving Day. o The Friday immediately following Thanksgiving Day. o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 25th -In observance of Christmas Day. o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday shall be observed on the following Monday. o Any holiday which falls on a Saturday shall be observed on the Friday preceding the holiday. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 32 25A-34 9.2 Holidays - Shift Personnel and Employees on Alternate Work Schedules. A. Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) eight- hour working days off during the year in lieu of the holiday benefits specified in Section 9.1 above. However, employees on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. Holiday time for employees on a 9/80 work schedule shall be posted as follows: ¦ If a holiday falls on a regularly-scheduled nine (9) hour workday (Monday, Tuesday, Wednesday or Thursday), nine (9) hours of holiday time shall be posted. ¦ If a holiday falls on a regularly-scheduled eight (8) hour workday (Friday), eight (8) hours of holiday time shall be posted. ¦ If a holiday falls on an employee's regularly-scheduled day off work, the employee shall receive credit for eight (8) hours of holiday time. If any employee on a 9/80 or 4/10 work schedule separates from employment prior to December 31 of any year and has already exhausted 96 hours of holiday time, the value of hours not yet accrued but used shall be deducted from the final paycheck. B. Said substitute holidays may be scheduled by the Department Head or his or her designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his or her service at full pay in such capacity during the year. 9.3 Modified Holiday Schedule - Employees Assigned to the Library. Employees assigned to the Library shall, during the term of this Agreement, observe holidays on the dates specified in Section 9.1 above. 9.4 A newly appointed employee must actually work at least one (1) day preceding the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive compensation for the holiday. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20214 Page 33 25A-35 A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 1 above. 9.5 Holiday time off may only be taken in increments of eight (8) hours, unless the employee is assigned to a 4/10 or 9/80 work schedule. Employees assigned to the 4/10 work schedule must use their holidays in ten (10) hour increments. Employees assigned to a 9/80 work schedule must use their holidays in nine (9) hour increments as described in Article IV, Section 4.5.D, supra. 9.6 Holiday benefits may not be carried over from one (1) calendar year to the next. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Q.?J:.?0-1Q_ ?Q 14 Page 34 ARTICLE X 10.0 VACATION 10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose shall be used as a guide in the administration of the provisions of this Article. 10.2 Regular Vacation Period. A. Full-time permanent and probationary employees covered by this Agreement shall be granted regular vacation at the rate of ten (10) working days for each of his or her first and second completed year of service, accrued at the rate of six and two-thirds (6 2/3) hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of fifteen (15) working days for each completed year of service, accrued at the rate of ten (10) working hours for each completed month of service. B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (1 st) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Vacation time off may be taken in increments as small as one-half ('/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2). E. Upon completion of two (2) years of continuous service, each employee must take at least five (5) consecutive working days of vacation each year thereafter. F. Computation of Regular Vacation. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 35 25A-37 employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. No employee shall have a right to accumulate or split his or her vacations, but the same may be allowed or required by the Department Head. The time at which an employee shall take his or her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the service. 10.3 Longevity Vacation. A. Each permanent employee is granted additional work days of vacation leave with pay for each completed year of full-time, continuous city service as set forth in the following table. This additional vacation shall be designated longevity vacation. Hourly Equivalent Completed Years Additional Days of Additional Days 6 '/2 4 7 1 8 8 1 '/2 12 9 2 16 10 21/2 20 11 3 24 12 31/2 28 13 4 32 14 41/2 36 15 5 40 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1 0= 6"' Page 36 Completed Years Additional Davs 16 6 17 7 18 8 19 9 20 10 Hourly Equivalent of Additional Days 48 56 64 72 80 B. No employee becomes eligible for longevity vacation until completion of the sixth (6th) year of continuous service, and each employee continues to earn the maximum of ten (10) working days (80 hours) of longevity vacation for each completed year of service in excess of twenty (20) years. C. A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-1 14 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absence without pay, as provided in Article XI, Section 1 1.1 E (Sick Leave - Extended), Article XI, Section 11.8 (Authorized Absence Without Pay - Long Term) and Article XXI, Section 21.2 (Catastrophic Leave Donation) herein, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement, as provided in Section 9-143 of the Civil Service Rules and Regulations, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. D. Employees covered by this agreement are eligible to cash out up to sixty (60) hours of their current year's allocation of longevity vacation. E. Effective July 1, 2010, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2010-2011 and Fiscal Year 2011 - 2012 the ability to cash out longevity vacation time. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. F. Effective July 1, 2012 through June 30, 2014, all employees covered by this Agreement shall be permitted to cash out a maximum of one hundred twenty (120) hours of accrued longevity vacation per fiscal year. Such cash-out of longevity vacation shall not be counted or credited as time worked for the purpose of overtime calculation. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 37 25A-39 G. Effective July 1, 2014, the maximum permitted yearly cash-out of longevity vacation shall revert back to sixty (60) hours per fiscal year. 10.4 Limitation on Vacation. A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days (400 hours) in any one year by any combination of the vacations granted in these rules and regulations. Further, no employee may carry over from one (1) calendar year to the next more than the equivalent of two (2) longevity vacation periods and the equivalent of one (1) regular vacation period from the previous two (2) years. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of fifty (50) working days (400 hours) in any one year. B. Effective as soon as practicable following approval of the Memorandum of Understanding by the City Council, no employee covered by this Agreement may carry over from one (1) calendar year to the next more than the equivalent of three (3) longevity vacation periods and the equivalent of one (1) regular vacation period from the previous three (3) years, and vacation not taken beyond that amount is forfeited. Effective July 1, 2014, limitation on vacation carryover shall revert to that stated above in 10.4.A. 10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salary payment. 10.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for regular and longevity vacation accrual purposes. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1-214 Page 38 25A-40 ARTICLE XI 11.0 OTHER LEAVES OF ABSENCE 11.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Accrual. Each employee shall be entitled to, and shall earn, one (1), eight (8) hour working day of sick leave for each full calendar month of service in which he is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. 2. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave shall be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee shall have the three (3) used sick days recredited to his or her account if the employee remains off work longer than fourteen (14) days. Paid sick leave shall continue until the fourth (4th) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they shall be advanced sick leave for CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010- 2014 Page 39 25A-41 this purpose. Subsequently, the City shall deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City shall deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. The maximum total accumulation of sick leave with pay shall be two hundred (200), eight (8) hour working days. Sick leave usage of less than a full day shall be charged in minimum increments of one- half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half ('/2). E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee shall be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided that the employee has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Accrued Compensatory Time Off and/or Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to use, first, any unused compensatory time off benefits, then, any unused vacation leave benefits he or she may have accrued. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 40 25A-42 established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee must present to his or her Department Head a physician's certificate stating that, in the physician's opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available an employee, such excess sick leave will, first, be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; finally, deducted from the next scheduled salary payment. J. Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non- cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent-in-law, spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. Up to three (3) days of this personal necessity leave may be used: a) To attend to a serious accident to members of the employee's immediate family; b) Childbirth; CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2114 Page 41 25A-43 c) To cope with imminent danger to the employee's family, home, or other valuable property; d) When the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty; or e) To attend to medical or dental appointments for members of the employee's household. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific workday schedule. K. Payment for Unused Sick Leave. Except in cases of disability retirement, upon nondisciplinary termination of employment after ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third (1 /3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of five hundred and thirty-three (533) hours, at the rate of pay effective on the date of such termination. Maximum sick leave cash-out after ten (10) years of service shall be equal to five hundred and thirty-three (533) hours. Payment of all unused sick leave shall be included in the employee's final paycheck, and is subject to payroll taxes. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third (1 /3) of the total sick leave benefit credited to the employee's account at the time of his or her death, and at the rate of pay effective on the date of death. 2. At his or her option, an employee may convert any lump sum payment provided herein into health insurance premiums, to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the City. The City's obligation to pay such premium shall terminate upon the happening of any of the following events: CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 42 25A-44 a. Premiums have been paid on behalf of the former employee until all monies are exhausted; or b. The sum of premiums paid equals one hundred fifty percent (150%) of the amount of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected. C. Except in cases of disability retirement, upon non- disciplinary termination of employment after fifteen (15) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for two- thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination to be applied toward health insurance premiums only as specified in Section 1 1.1.K.2 above, excluding Subsections a and b. 3. Payment after 15 years. Affected employees shall be granted payment for unused sick leave on the same basis above, with the exception that such affected employees who have completed fifteen (15) years of cumulative service with the city shall be entitled to payment for one-half (1/2) of the total sick leave benefit credited to his or her account upon the effective date of his or her termination, not to exceed a maximum limit of 800 hours, at the rate of base pay effective on the date of such termination. 4. Payment after 20 years. Affected employees shall be granted payment for unused sick leave on the same basis above, with the exception that such affected employees who have completed twenty (20) years of cumulative service with the city shall be entitled to payment for two-thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of his or her termination, not to exceed a maximum limit of 1066 hours, at the rate of base pay effective on the date of such termination. 11.2 Bereavement Leave. A. An employee covered under this Agreement shall be granted up to three (3) working days leave without loss of pay in the case of a death of a member of the employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 43 25A-45 1. Any member of the employee's household related by blood or marriage; 2. A parent, parent-in-law, stepparent, spouse, child, brother, sister, stepbrother, stepsister, grandparent or grandchild of the employee, regardless of residence; 3. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. B. Whenever an employee is required to travel one way more than 500 miles to attend to the death of a member of the employee's immediate family, an employee may use up to sixteen (16) hours of additional leave charged to their Personal Necessity Leave balance when authorized by the Department Head. 11.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she shall be reinstated as provided in Section 143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, shall be granted leave with pay not to exceed thirty (30) calendar days in each calendar year after one (1) year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 11.4 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or non-party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on-duty employee called for such service shall present to his or her Department Head for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20+214 Page 44 25A-46 11.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana shall be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Unauthorized absence from duty for a consecutive number of working hours equal to the number of working hours in the employee's normal workweek (five (5) consecutive working days) may be deemed a resignation from City service; provided, however, if upon return to duty the person so absenting himself or herself makes an explanation satisfactory to the Department Head regarding the cause of his or her absence, the Department Head may restore him or her to his or her position, with the City Manager's approval. 11.7 Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five (5) consecutive working days may be authorized by the employee's Department Head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Department Head recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Department Head and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) month period, or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Department Head shall take steps necessary to restore the employee to his or her former position. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year leave of absence without pay. 11.9 Industrial Leave. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 45 25A-47 11.10 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability if substantiated by a physician's certificate. Employees may take an unpaid leave of absence during pregnancy disability consistent with the law. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she shall take the leave and the estimated duration of the leave. Health and welfare insurance coverage shall be continued only if the employee pays a cash premium to continue coverage while on a leave of absence without pay or is covered under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provisions. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 46 25A-48 ARTICLE XII 12.1 EMPLOYEE INSURANCE 12.1 Health Insurance. The City shall contribute the following amounts toward the payment of premiums for affected employees and their dependents under the existing health insurance programs or new program or programs providing substantially similar or improved coverage and benefits selected in accordance with procedures in effect on the effective date of this Agreement: A. For each such employee who is covered under a spouse's non-City sponsored health plan, the City shall pay the employee a cash payment each month in an amount equal to 50% of the monthly premium amount for the City's lowest "employee-only" coverage, if said employee waives, in writing, City-paid coverage. B. The City shall contribute toward medical premiums an amount consistent with the rates then in effect for each tier of the CaIPERS Kaiser Permanente HMO Other Southern California plan. C. Effective as soon as practicable following approval of the Memorandum of Understanding by the City Council, CASA members shall contribute $40.00 per month toward the cost of medical insurance premiums. This contribution is in addition to the amount an employee currently pays toward the cost of his/her medical insurance premiums, if any. D. Effective as soon as practicable following approval of the Memorandum of Understanding by the City Council, the payment to CASA members who currently receive a cash payment each month in accordance with section 12.1(A) above shall be decreased by $40 per month. E. Any contribution necessary to maintain benefits under said medical plans in excess of the amount set forth above shall be borne entirely by the employee. 12.2 Dental Insurance. The City agrees to contribute a maximum of up to ninety ($90) dollars per month per employee toward the payment of premiums for dental insurance plans provided by the City for employees covered by this Agreement and their eligible dependents. A. Effective as soon as practicable following approval of the Memorandum of Understanding by the City Council, CASA members CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010- 20-V214 Page 47 25A-49 shall contribute $10.00 per month toward the cost of dental insurance premiums. This contribution is in addition to the amount an employee currently pays toward the cost of his/her dental insurance premiums, if any. B. Any contribution necessary to maintain benefits under said medical plans in excess of the amount set forth above shall be borne entirely by the employee. 12.3 Vision Plan. The City shall maintain in effect its existing vision plan, for employees covered by this agreement. All costs of the premium shall be paid by the employee. 12.4 Long-Term Disability (L.T.D.) Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for a 60-day elimination period long-term disability insurance plan for employees covered by this Agreement. 12.5 Life Insurance. The City shall maintain in effect its existing life insurance plans covering employees covered by this Agreement, including term life insurance coverage for each affected employee in the amount of twenty thousand dollars ($20,000) plus twenty thousand dollars ($20,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. 12.6 The City shall retain the right to change health, dental and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self-insurance plan during the term of this Agreement, provided that employees covered by this Agreement continue to receive equivalent benefits and provided that the parties have met and conferred before the benefits changes are made. 12.7 When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, CASA shall have an equal number of representatives as the City on such a committee, and the Committee shall meet as necessary. 12.8 Medical Retirement Subsidy Plan. A. The City's current annual contribution towards the Medical Retirement Subsidy Plan for employees covered under this Agreement is1.75% of the bargaining unit's base salary, which is based on the first payroll period in October and deposited no later than October 31 St of each year. Effective Fiscal Year 2010-2011, the City's annual contribution to the Medical Retirement Subsidy Plan for CASA employees shall be decreased from 1.75% CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 2 OU: 201 - .Q X14 Page 48 to 1%. Effective Fiscal Year 2011-2012, the City's annual contribution to the Medical Retirement Subsidy Plan for CASA employees shall revert back to 1.75%. 1. If during the term of this Agreement, the City modifies the contribution amount for any other bargaining unit's medical retirement subsidy plan, the City and CASA agree to reopen this provision of the Agreement and commence discussions regarding the contribution amount. B. The plan shall be administered by the City, at no cost to CASA or its members pursuant to the written directives of CASA. The funds contributed by the City shall be maintained in such a manner as to ensure that the funds are invested in a reasonably secure plan that bears a reasonable rate of interest/growth given current financial markets. For purposes of this Agreement, investments made pursuant to the then current Statement of Investment Policy for the City of Santa Ana, shall be deemed to meet the requirements of this section. This program is for medical insurance premium reduction only. C. Effective November 28, 2011, the City adopted a resolution, authorizing implementation of the "Vantage Care" Retirement Health Savings Plan (RHS), which designated ICMA-RC as the administrator of the plan. 1. The City agrees to amend the current contract with ICMA-RC to allow CASA members to participate in the Retiree Health Savings Plan upon approval of the majority of CASA members. 2. Upon approval to participate in the RHS, the City's annual contribution of 1.75% for Fiscal Year 2012-2013 deposited in the Medical Retirement Subsidy Plan shall be deposited in the individual RHS accounts of the CASA members. This deposit will be made as soon as practicable following establishment of individual RHS accounts for CASA members. 3. Upon approval to participate in the RHS, CASA shall determine how the existing CASA medical Retirement Subsidy Plan funds will be distributed among its membership and dissolve the existing CASA Retiree Health Subsidy plan by June 30, 2014. 4. In the event CASA members do not approve implementation of the ICMA-RC Retirement Health Savings Plan, the existing CASA Medical Retirement Subsidy Plan will continue pursuant to Article XII, Section 12.8.A and 12.8.6 as stated in the CASA MOU. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 2 OU: 2010- 2¢ 14 Page 49 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The terms of the existing contract between the City and the California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits for affected employees are incorporated by reference herein. The City shall continue to make contributions to CaIPERS in accordance with its contract with CaIPERS for affected employees covered by said contract as amended. 13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of each affected employee, as defined in Sections 13.3.A and 13.111 (below), in an amount necessary to pay one hundred percent (100%) of his or her individual retirement contribution which-is equal to eight percent (8%) of base salary. Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a result, the City shall not treat these payments as ordinary income and, thus shall not withhold Federal or State income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, and not ordinary income. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by sixteen (16) salary rate ranges (8%). For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 13.3 2.7% at 55 Service Retirement Benefit for Miscellaneous Members. A. The City agrees to continue to provide Miscellaneous employees covered by this Agreement who were appointed to their classification on or before December 31, 2012 with the 2.7% at 55 Service Retirement benefit. Pursuant to CaIPERS regulations, this formula shall apply only to the aforementioned CASA employees that are in an active status. This formula shall apply to each year of eligible service credited with the City of Santa Ana. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 50 25A-52 B. The City agrees to provide Miscellaneous employees covered by this Agreement who are appointed to their classification on or after January 1, 2013 and are not new members as defined by the California Public Employees' Pension Reform Act of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit. Pursuant to CalPERS, this formula shall apply only to the afore-mentioned CASA employees that are in an active status. This formula shall apply to each year of eligible service credited with the City of Santa Ana. C. Payment toward the 2.7% at 55 Service Retirement Benefit. Employees defined in Section 13.3.A (above) covered by this Agreement began paying a total of 6.3% on July 1, 2009 toward the cost of the 2.7% at 55 enhanced retirement formula. Effective as soon as practicable following approval of the Memorandum of Understanding by the City Council, miscellaneous employees covered by this Agreement agree to contribute an additional 1 % toward the employer cost of the 2.7% at 55 retirement benefit, for a new total contribution of 7.3%. Effective the first full pay period of January 2012, CASA members agree to pay an additional .7% of their salary (for a total contribution of 8%) of the employer contribution. All employer contributions to CalPERS for their retirement benefits shall be implemented as cost- sharing pursuant to Government Code Section 20516(f). To the extent permitted by CalPERS and the Internal Revenue Service, this additional .7% shall be implemented through payroll deductions on a pre-tax basis. Employees defined in Section 13.3.13 (above) shall contribute 10.5% of their salary toward the employer contribution of the 2.7% at 55 retirement benefit. All employer contributions to CalPERS for their retirement benefits shall be implemented as cost-sharing pursuant to Government Code Section 20516(f). Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.4 2.0% at 62 Service Retirement Benefit for Miscellaneous Members. A. The City agrees to provide Miscellaneous employees covered by this Agreement who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201-214 Page 51 25A-53 Pursuant to CalPERS regulations, this formula shall apply only to the afore-mentioned CASA employees that are in an active status. This formula shall apply to each year of eligible service credited with the City of Santa Ana. B. Payment towards the 2.0% at 62 Service Retirement Benefit. Employees defined in 13.4.A (above) covered by this Agreement shall contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.45 Credit for Unused Sick Leave. An employee covered by this Agreement shall be permitted to have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each eight-hour day of unused sick leave (i.e., 200 days of sick leave equals.80 additional year's of service credit). The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 13.56 Military Service Credit as Public Service. An employee covered by this Agreement shall be permitted to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. 13.67 Deferred Compensation. A. Background. Prior to July 1, 1991, the City authorized an amount equal to one percent (1.0%) of base pay for a deferred compensation benefit for full time "confidential" employees. This benefit was treated separately from salary, and was not included in the City's salary and wage schedule. Effective July 1, 1991, to comply with CalPERS wage reporting requirements, this benefit was added to the pay rate assigned to each "confidential" classification and reported as "salary" to CalPERS. Thereafter, pay levels for "confidential" classifications included this additional one percent (loo) deferred compensation benefit. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1-214 Page 52 25A-54 ARTICLE XIV 14.0 SAFETY 14.1 General. The City and the employees of the City agree to comply with all applicable Federal, State and local laws, and the City of Santa Ana regulations, which relate to health and safety. 14.2 Central Safety Committee. CASA may designate two (2) representatives and two (2) alternates to serve on the City's Central Safety Committee. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 53 25A-55 ARTICLE XV 15.0 GRIEVANCE REVIEW PROCEDURE 15.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or CASA concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices orworking conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. 15.2 Informal Process - First Step A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) business days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) business days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. If the Department Head is the immediate supervisor, the employee may proceed directly to the City Manager or his/her designee. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) business days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this Agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 54 25A-56 15.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) business days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) business days after said meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action shall constitute a waiver and bar to the grievance, and the grievance shall be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) business days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered in writing, to the employee and/or the employee's designated representative within fifteen (15) business days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision, shall be filed in the personnel records of the department and maintained in the City Personnel Services Department. 15.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, CASA, and the City shall have all rights and remedies to pursue said grievance under the law. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 55 25A-57 ARTICLE XVI 16.0 ASSOCIATION RIGHTS 16.1 Release Time for Association Representatives. CASA shall have the right to appoint/elect a reasonable number of representatives who are recognized by the City as officers or work site leaders/stewards. A. Such reasonable number of work site leaders/stewards recognized by the City shall be limited to six (6). B. The City's Executive Director of Personnel Services shall be provided with a list of names and classification titles of CASA's officers as set forth in Exhibit B of the Confidential Association of Santa Ana City MOU, as well as the names and classification titles of all work site leaders/stewards and other Association representatives. The Association agrees to inform the City in writing of any changes in said list within ten (10) calendar days. C. During the term of this Agreement, the City agrees to allow reasonable time off without loss of compensation to enable the officers and worksite leaders/stewards to assist other CASA unit employees in processing grievances under the Grievance Review Procedure and other CASA business activities; provided, however, that such officers and worksite leaders/stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the Agreement. Time spent by the Association President, officers or worksite leaders/stewards on Association Release time, under this MOU, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act. 16.2 Worksite Access. A. Officers, worksite leaders/stewards and/or Association representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Association business, provided that arrangements are made in advance with the manager responsible for the worksite. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU:0=0= ?¢?214 Page 56 B. Such visits shall not disrupt the work of City employees, interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, CASA and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for CASA to hold a meeting before or after work or during lunch periods. If the City facility provided CASA as an alternate meeting site during non-working hours is a public meeting room, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. C. Solicitations of membership and all activities concerned with the internal management of CASA, such as collecting dues, holding membership meetings, preparation of petitions, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. D. Officers and employees may perform those duties assigned to them by CASA, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City. 16.3 Release Time for Employee Representatives. A. In the event that CASA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of CASA shall be allowed reasonable time off without loss of compensation or other benefits. B. Such officers and employee representatives shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. 16.4 Use of Bulletin Boards. Space shall be made available to CASA on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Association business, subject to the following conditions: CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 57 25A-59 A. Material posted by CASA shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters. B. Material posted is not derogatory to the City, City employees or other employee organizations. C. All materials are dated, identify CASA and bear the signature of the authorized representative (s) of CASA responsible for their issuance. D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Association materials. E. If CASA does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. CASA shall not be permitted to post any material that is prohibited by State law or the City Charter. 16.5 Use of City Facilities. The City shall allow CASA to conduct meetings in the City's public meeting rooms during non-working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities; provided, however, CASA shall not be permitted to use City facilities to discuss or present any matter that is prohibited by State law or the City Charter. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 58 25A-60 ARTICLE XVII 17.0 DUES DEDUCTION & INDEMNIFICATION 17.1 Dues Deduction. Upon ratification and approval of dues collection by Association membership, the City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by CASA, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to CASA within thirty (30) calendar days following their deduction. Provisions for such dues deduction shall be included in future Memorandums of Understanding should CASA members elect to authorize said deduction. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 59 25A-61 ARTICLE XVIII 18.0 CITY RIGHTS 18.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this Agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOu?010= 121-214 Page 60 K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement. 0. To determine policies, procedures, and standards for selection, training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. 18.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of CASA regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 61 25A-63 ARTICLE XIX 19.0 STRIKES & WORK STOPPAGES 19.1 Prohibited Conduct. A. Any employee of the City who engages in any strike, sickout, or other partial or total stoppage of work shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201214 Page 62 25A-64 ARTICLE XX 20.0 LAYOFFS 20.1 It is the hope of the City not to separate any employee(s) from employment because of a reduction in the work force or work week during the term of this Agreement. However, circumstances arising during this Agreement may require such separation(s). In that event, the City shall provide reasonable notice to CASA of the details of the separation(s) in order to meet and exchange information, opinions and proposals regarding the consequence(s) of the separation(s) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have under this Agreement. 20.2 If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this Agreement is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide CASA reasonable notice of the decision to contract out, shall meet with CASA upon CASA's request over the impact of the decision to contract out and shall consider reasonable alternatives provided by CASA. 20.3 If the City determines to contemporaneously replace employees covered by this Agreement with contract workers to perform the same work under similar circumstances, it shall expeditiously notify CASA of its intentions. Upon request by CASA the City shall schedule meetings with CASA leadership to discuss this objective and give CASA the opportunity to present information before any final decision. The City and Association leadership agree to commence meeting when practicable for a period not to exceed forty-five days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues shall be resolved according to the City's Employer-Employee Relations Resolution (Resolution No. 81-75 - Exhibit C of this MOU). 20.4 Notwithstanding Section 20.2 and/or Section 20.3 hereof, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services. 20.5 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 203214 Page 63 25A-65 nature. Any dispute over the application of the principles outlined in this Article XX shall be subject to the grievance procedure. A. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. B. In lieu of layoff, an employee may elect to work in a lower classification, in which he or she has served, providing that a vacancy exists and the classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification shall be added to his or her length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. C. The reemployment list shall be valid for one year from the date of its establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Committee as outlined in Article Number XXI shall determine Job Family/Career Ladder for purposes of layoff. See Article XXI, Section 21.3.A, Joint Labor Management Teams - Career Ladder/Job Family. 20.6 A bargaining unit employee who is laid off from full time City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment shall be terminated upon the establishment of a new eligible list for the classification or on the one hundred eightieth (180th) day following the initial day of such temporary appointment, whichever occurs first. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 64 25A-66 ARTICLE XXI 21.0 MISCELLANEOUS PROVISIONS 21.1 The City agrees to distribute Association membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City. 21.2 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury, the City and Association agree to implement a Catastrophic Leave Donation Program. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee's becoming eligible for the L.T.D. benefits. Any remaining Catastrophic Leave benefit will be used to supplement L.T.D. benefit payments to ensure an employee continues to receive their full salary continuation between both benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two-week period to submit donations. Donations received after this two-week period shall not be processed. The two-week period for each case shall be designated by the Department Head or his or her designee as provided herein below. 3. All donations must be made in two (2) hour increments and a maximum of eight (8) hours per donor, except in lieu holidays must be for eight (8) hours. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 65 25A-67 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article X, Sections 10.1A through 10.46. B. Eligibility. Regular, full-time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. I . Upon receipt of a valid request for donations from an eligible employee, the Department Head or his or her designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: a. His or her name, department name, and employee number. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20-1-214 Page 66 25A-68 b. The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; C. The name, department and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A, herein. 5. The City shall add the donated time to the recipient's sick leave account. 21.3 Joint Labor Management Teams. The City and CASA agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Executive Director of Personnel, or his or her designee. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and CASA shall hold an initial meeting no sooner than one (1) month of ratification of this Agreement and upon CASA's written request to meet to determine team composition, frequency of meetings and meeting schedules. The teams to be formed are: A. Career Ladder/Job Family: for the purpose of developing career ladder/job family series to be used in promotions or in the event of layoffs; and B. Bilingual Pay: for the purpose of discussing primary and secondary bilingual pay provisions. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1214 Page 67 25A-69 C. Job Classification Studies: for the purpose of identifying positions which have increased in complexity. D. Career Development Incentive Plan: for the purpose of identifying career development incentives. E. Direct Deposit: for the purpose of developing a direct deposit program for the City. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 68 25A-70 ARTICLE XXII 22.0 SOLE & ENTIRE AGREEMENT 22.1 It is understood and agreed that the parties to this Memorandum of Understanding are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer-Employee Relations Resolution number 81-75 (Exhibit C). It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with Federal or State law or the City Charter. The City shall provide employees covered by this Agreement a copy of this Agreement and its attachments, including a section containing the Employer-Employee Relations Resolution of the City of Santa Ana. 22.2 Notwithstanding the foregoing, there exists within the City personnel rules and regulations and departmental rules and regulations. These rules and regulations shall be continued to the extent they do not contravene specific provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with CASA; provided, further, however, no provision of the rules and regulations shall be changed to contravene specific provisions of this Agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 69 25A-71 ARTICLE XXIII 23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 23.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1OU:01 14 Page 70 ARTICLE XXIV 24.0 EMERGENCY WAIVER PROVISION 24.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Agreement will be reinstated immediately. CASA shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Agreement during the course of the emergency. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 71 25A-73 ARTICLE XXV 25.0 SEPARABILITY PROVISION 25.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20 14 Page 72 25A-74 ARTICLE XXVI 26.0 TERM OF AGREEMENT 26.1 The term of this Agreement shall be from July 1, 2010 to June 30, 204-214. 26.2 If this Agreement is not replaced by a new mutually-agreed upon Agreement between the City of Santa Ana and CASA before June 30, 2014, then it is agreed that all provisions of this MOU shall remain in effect until mutual agreement is reached on a new Memorandum of Understanding. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20-1214 Page 73 25A-75 ARTICLE XXVII 27.0 RATIFICATION & EXECUTION 27.1 The City and CASA have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and CASA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of CASA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and CASA and entered into this 2017th day of S&ODecember, 204-012. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: Mayor Dated: By: City Manager Dated: By: Executive Director, Personnel Services ATTEST: Maria D. Huizar, Clerk of the Council APPROVED AS TO FORM: jeseph Strek%Sonia R. Carvalho StGRt City Attorney CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-14 Page 74 25A-76 This Agreement has been ratified by the membership of the Confidential Association of Santa Ana (CASA). Dated: CASA: By: Kathleen Crook, CASA Vice President Debbie LGrnpMGR, CAS NegGfiGtiG S TeGM William Navaja, CASA Negotiations Team ARite R. , Waldo Barela CASA President, Chief Negotiator Jeannette Palma, CASA Negotiations Team CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 203-214 25A-77 Page 75 CASA BASIC SALARY & WAGE SCHEDULE EXHIBIT A Page 1 of 2 The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each comprised of six pay steps or rates for full-time employees in CASA classifications. The salary rate ranges are identified by a three digit number, and salary steps are identified by letters AA, A to E inclusive. For CASA employees covered by this Agreement, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: Purpose: AA Step - Normal beginning pay rate. A Step - Automatic Increase. Also, optional hiring rate. B Step - Automatic Increase. Also, optional hiring rate. C Step - Automatic Increase. May also be maximum hiring rate for certain classifications. D Step - Automatic Increase, and is maximum hiring rate. E Step - Merit Rate. Required Length of Service: AA to A - After six months' completed service. A to B - After one year's completed service. B to C - After one year's completed service. C to D - After one year's completed service. D to E - After 18 months' completed service. In the following salary schedule matrix, each salary rate range is identified by a three digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three digit salary rate range number locates the "AA" step of the range, which is the first of the 6 steps. Steps "A," "B", "C", "D", and "E" are found in the column directly below the "AA" step. For example, the "AA" step of Salary Rate Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first two digits of the Salary Rate Range No.), then horizontally to column 1 (the third digit of the Salary Rate Range No.). The "AA" step of $1476 has the remaining steps shown directly beneath it; thus the full, six-step range is 1476-1549-1627-1708-1793-1883. In the same manner, Salary Rate Range No. 455 is found to be 1921-2017-2118-2223-2334-2451. SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393 39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 76 25A-78 CASA BASIC SALARY & WAGE SCHEDULE EXHIBIT A (Salary Schedule Matrix Continued) Page 2 of 2 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6416 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 77 25A-79 EXHIBIT B CONFIDENTIAL ASSOCIATION OF SANTA ANA FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2012 ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGE 7/1/2010 7/1/2011 1/1/2012 7/1/2012 RANGE RANGE RANGE RANGE JOB TITLE NO. NO. NO. NO. BUDGET ANALYST (UC) 655 660 664 664 COUNCIL SERVICES SECRETARY (UC) 576 581 585 585 EXECUTIVE ASSISTANT (UC) 632 637 641 641 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC) 607 612 616 616 FINANCE EXECUTIVE SECRETARY (UC) --- --- -- 612 FINANCIAL ANALYST (UC) - -- --- 659 LEGAL OFFICE ASSISTANT (UC) 531 536 540 540 LEGAL SECRETARY (UC) 575 580 584 584 LIABILITY CLAIMS PROCESSOR (UC) 580 585 589 589 LOSS CONTROL ANALYST (UC) 650 655 659 659 LOSS CONTROL TECHNICIAN (UC) 629 634 638 638 MANAGEMENT AIDE (UC) 629 634 638 638 MANAGEMENT ANALYST (UC) 655 660 664 664 MANAGEMENT ASSISTANT (EXEMPT) (UC) 655 660 664 664 PARALEGAL (EXEMPT) (UC) 610 615 619 619 PAYROLL SYSTEMS ANALYST (UC) 695 700 704 704 PAYROLL TECHNICIAN (UC) 609 614 618 618 PERSONNEL ANALYST (UC) 650 655 659 659 PERSONNEL EXECUTIVE SECRETARY (UC) 597 602 606 606 PERSONNEL SECRETARY (UC) 576 581 585 585 PERSONNEL SERVICES RECEPTIONIST (UC) 558 563 567 567 PERSONNEL SERVICES SPECIALIST (UC) 568 573 577 577 PERSONNEL TECHNICIAN (UC) 609 614 618 618 POLICE PERSONNEL SERVICES SPECIALIST (UC) 589 594 598 598 RISK MANAGEMENT TECHNICIAN (UC) --__ 614 618 618 SECRETARY TO THE CITY MANAGER (UC) 653 658 662 662 SENIOR BUDGET ANALYST (UC) 684 689 693 693 SENIOR FINANCIAL ANALYST (UC) -- - --- 703 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC) 684 689 693 693 SENIOR LEGAL OFFICE ASSISTANT (UC) 558 563 567 567 SENIOR LEGAL SECRETARY (UC) 597 602 606 606 SENIOR MANAGEMENT ANALYST (UC) 684 689 693 693 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC) 684 689 693 693 SENIOR PARALEGAL (EXEMPT) (UC) 650 655 659 659 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 78 25A-80 SENIOR PAYROLL TECHNICIAN (UC) SENIOR PERSONNEL ANALYST (UC) SENIOR PERSONNEL RECEPTIONIST (UC) SENIOR PERSONNEL SERVICES SPECIALIST (UC) SENIOR PERSONNEL TECHNICIAN (UC) SENIOR RISK MANAGEMENT TECH NICAN (UC) SENIOR WORKERS' COMP. CLAIMS ASSISTANT (UC) SENIOR WORKERS' COMP. CLAIMS EXAM. (UC) SENIOR WORKERS' COMP. SYSTEMS TECHNICIAN (UC) TRAINING COORDINATOR (UC) WORKERS' COMPENSATION CLAIMS ASSISTANT (UC) WORKERS' COMPENSATION CLAIMS EXAMINER (UC) WORKERS' COMPENSATION SYSTEMS TECHNICIAN (UC) 629 634 638 638 694 699 703 703 576 581 585 585 589 594 598 598 629 634 638 638 - - -- 638 604 609 613 613 669 674 678 678 - - -- 623 694 699 703 703 580 585 589 589 639 644 648 648 - - - 599 CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 201 0- 204-214 25A-81 Page 79 Exhibit C RESOLUTION NO. 81-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and enhance its administration of employer-employee relations and to protect the public by assuring at all times the orderly and uninterrupted operations and services of City government; and WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of their own choosing for the purpose of representation on matters affecting employee relations or to represent themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations matters; and WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen's Benevolent Association; and the American Federation of State, County and Municipal Employees, AFL-CIO, which are the only employee organizations known to the City to have among their members employees of the City, concerning the rules and regulations for the administration of employer-employee relations set forth herein; and NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows: Section 1: Title of Resolution This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa Ana". Section 2: Definitions As used in this Resolution, the following terms shall have the meanings indicated: APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to Section 1 1 of this Resolution. CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the City Council or any duly authorized management employee as herein defined. DAY - means calendar day unless expressly stated otherwise. EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by popular vote. EMPLOYEE, CONFIDENTIAL- means an employee who is assigned to perform work directly involved in the development, preparation or presentation of management positions with respect to employer- employee relations. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 80 25A-82 EXHIBIT C (Continued) EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including but not limited to, department and assistant department heads, division heads, and professional administrative staff employees employed to render advice and assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer-employee relations affairs of the City. EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b) involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or from training in the performance of routine, mental, manual or physical processes. EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility is not of merely routine or clerical nature, but requires the use of independent judgment. EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City; provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin. EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer- employee relations designated pursuant to Section 3 hereof, or his duly authorized representative. EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and individual employees or employee organizations. GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution, charter provision, or memorandum of understanding. IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences concerning matters on which they are required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result in an agreement. MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and conferring") - means the performance by duly authorized City representatives and CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 81 25A-83 EXHIBIT C (Continued) duly authorized representatives of a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly upon the request of either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a proposal or to make a concession. MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and a recognized employee organization reached through meeting and conferring. PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California Penal Code, except that, for purposes of this Resolution only, "peace officer" does not mean a park patrolman, security guard or a member of the fire department, whether the latter be serving as a member of an arson investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the status of peace officer for purposes other than that of this Resolution. RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section 1 1 hereof, except those employees in such unit who have exercised their right not join an employee organization and who choose to represent themselves individually with the City, or has been designated through a secret ballot election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 1 1 of this Resolution. SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer- employee relations including, but not limited to, wages, hours, and other terms and conditions of employment except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Section 3: Designation of the City's Employee Relations Officer The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's principal representative on all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, and to administer all provisions of this Resolution and the employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to delegate his duties and responsibilities. Section 4: Meet and Confer in Good Faith - Scope City representatives and representatives of formally recognized employee organizations having exclusive representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuring year. The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by the City Charter. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1-214 Page 82 25A-84 EXHIBIT C (Continued) Section 5: Notice The City will give reasonable written notice to each recognized employee organization affected by any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations Officer prior to such adoption. In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters within the scope of representation must be adopted immediately without prior notice or meeting with recognized employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Section 6: Petition for Recognition An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: Name and address of the employee organization. Names and titles of its officers. Names and titles of employee organization representatives who are authorized to speak on behalf of the organization. A statement that the employee organization has, as one of its primary purposes, representing the employees in their employment relations with the City. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization. Certified copies of the employee organization's constitution and bylaws, including all amendments thereof. A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or certified United States mail will be deemed sufficient notice on the employee organization. A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer-Mil ias-Brown Act. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. A description of the composition of the unit or units claimed to be appropriate, including the job classifications of employees and the number of member employees therein, as well as a statement of reasons why the unit or units is or are considered to be appropriate. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 83 25A-85 EXHIBIT C (Continued) A statement that the employee organization has in its possession written proof, dated by the signer within six (6) months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may accept employee dues deduction authorization, using the payroll register for the period immediately preceding the date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization, unless it can otherwise be shown that the dues deduction for the petitioning organization is the only one which provides full membership rights and privileges, including the right to vote. A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee Relations Officer may require additional information as required by this Resolution to be included in the Petition. The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized employee organization affected thereby. Section 7: City Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether: There has been compliance with the requirements of the Recognition Petition; and The proposed representation unit is an appropriate unit in accordance with Section 1 1 of this Resolution. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall within ten (10) days after making said determination, inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20+214 Page 84 25A-86 EXHIBIT C (Continued) Section 8: Open Period for Filing Challenging Petition(s) Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 11 of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution. Section 9: Election Procedure The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed full time in regular, permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in the election. If an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast (that is, either between two employee organizations, or one employee organization and no representation); the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be held within fifteen (15) days following the certification of the initial election results. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority representative of the employees CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 85 25A-87 EXHIBIT C (Continued) covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be presumed that when said Memorandum of Understanding terminates the employee organization shall continue to be a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting and conferring regarding matters within the scope of representation; provided, however, the employee organization files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section 10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. Section 10: Procedure for Decertification of Recognized Employee Organization A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: The name, address and telephone number of the petitioner and a designated representative authorized to receive notices of requests for further information. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. The Employee Relations Officer can only accept those petitions which 1) request decertification of the current formally recognized employee organization and 2) do not request to carve out another unit from the already established appropriate unit. An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements hereunder. The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination is in the negative, he shall offer to consult thereof with the representative (s) of such petitioning employees or employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 86 25A-88 EXHIBIT C (Continued) employees or employee organization may appeal such determination in accordance with Section 13 of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized Employee Organization is voted, the question of representation. Such election shall be conducted in conformance with Section 9 of this Resolution. The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee organization(s) challenging the incumbent recognized employee organization. An employee organization which displaces another employee organization as a formally recognized employee organization following an election conducted pursuant to this Section shall assume any existing Memorandum of Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in full force and effect for the balance of the term thereof. Section 11: Policv and Standards for Determination of Appropriate Units The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the responsibility of the City and its employees to serve the public. The effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or related classification among two or more units. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 87 25A-89 EXHIBIT C (Continued) Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of management employees and confidential employees shall be included in a unit consisting solely of confidential employees. When the City establishes new classifications or positions, or modifies the job content of an existing classification or position, the Employee Relations Officer shall, after notice to and consultation with all affected employee organizations, determine which, if any, representation unit shall include such new or modified classification (s) or position(s). Section 12: Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this Resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall process such petitions as other Recognition petitions under this Resolution. The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification (s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of this Resolution, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer=s determination may be appealed as provided in Section 13 of this Resolution. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or units pursuant to Section 6 hereof. Section 13. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final decision. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by the appeal after each party involved has been given an opportunity, during a public meeting, to present written and oral arguments in support of their CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 88 25A-90 EXHIBIT C (Continued) respective positions and, if the City Council so desires, after any future investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the dispute to a third party hearing process for the purpose of seeking an advisory determination prior to making its final decision regarding the resolution of the dispute. Section 14: Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through 13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee Relations Officer within fifteen (15) days of such change. Section 15: Payroll Deductions on Behalf of Employee Organizations Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of Understanding and/or applicable administrative procedures. Section 16: Employee Organization Activities - Use of City Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of City operations. Section 17: Administrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Section 18: Initiation of Impasse Procedures If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: To identify and specify in writing the issue or issues that remain in dispute; CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 89 25A-91 EXHIBIT C (Continued) To review the position of the parties in a final effort to resolve such disputed issue or issues; and If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein. Section 19: Impasse Procedures Impasse procedures are as follows: If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for determination. If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18 above, either party may submit the impasse to mediation. All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If the parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to provide such list, by the American Arbitration Association. Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who shall become the mediator. The priority of striking names shall alternate from one party to the other each time impasse procedures are invoked by the same parties. The employee organization or the City shall commence this process in an order determined by lot striking the first name from such list of names in any initial mediation. The cost of the mediator, if any, shall be shared equally by both parties. If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after the mediator commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon and after such further investigation of the relevant facts as it may deem appropriate. If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution. Section 20: Construction This Resolution shall be administered and construed as follows: Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law or City Charter provisions. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20Q14 Page 90 25A-92 EXHIBIT C (Continued) indirectly, any strike, sickout, other total or partial stoppage or slowdown of work or any other interference with the conduct of the City's operations. Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any employee organization and the City in effect on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of the parties thereto. Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished to the City. Section 21: Severabilitv In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections, subsections, sentences, clauses or phrases be declared invalid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20-1-214 Page 91 25A-93 EXHIBIT "D" 9/80 HARDSHIP CLAIM Name: Division/Section: Position: Work Telephone Number: Supervisor Name and Telephone: Work Hours: Proposed Work Hours: Basis for Hardship Claim: Options explored by employee to resolve the hardship: Employee's proposed solution: Supervisor's needs/concerns/comments: Hardship Committee Recommendation to Department Head: CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 92 25A-94 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR EDINGER AVENUE BRIDGE WIDENING c, CITY MANA R 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 a cooperative agreement with the County of Orange, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the widening of Edinger Avenue from Harbor Boulevard in Fountain Valley to west of Mohawk Drive in Santa Ana, including the bridge over the Santa Ana River. DISCUSSION Edinger Avenue is one of the major arterial highways in the county, extending from Huntington Harbor in Huntington Beach to Harvard Avenue on the borders of Tustin and Irvine. The County of Orange is the lead agency for the widening of Edinger Avenue within the various jurisdictions, including the bridge over the Santa Ana River. The portion of this project consisting of the roadway between the bridge and Mohawk Drive is within the City of Santa Ana (Exhibit 1). The bridge consists of two westbound and two eastbound lanes with no sidewalks. The project will widen the bridge to accommodate three lanes in each direction, and will include bike lanes. Widening of the roadway in Fountain Valley will be required to accommodate this ultimate improvement. Until all widening work is completed, the roadway will be striped with two lanes in each direction. Other improvements include sidewalks along both sides of the bridge, new approaches, curbs, gutters, drainage upgrades, and minor pavement rehabilitation. The agreement stipulates that the County is responsible for all costs associated with the project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. A Mitigated Negative Declaration was filed for this project by the County of Orange. 25B-1 Cooperative Agreement with the County of Orange for Edinger Avenue Bridge Widening December 17, 2012 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. r-- Raul Godinez II Executive Direct Public Works Agency RG/JG Exhibits: 1. Location Map 2. Agreement 25B-2 I I (NO SGALE) EXHIBIT 1 SANTA ANA f M" CITY COUNCL PWA ECEMBER 17,201 COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR EDINGER AVENUE BRIDGE WIDENING 25B-3 25B-4 EXHIBIT 2 Agreement No. D12-025 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF FOUNTAIN VALLEY AND CITY OF SANTA ANA FOR FUNDING AND CONSTRUCTION OF EDINGER AVENUE This Cooperative Agreement is made and entered into this day of 2013 ("Agreement"), by and between the COUNTY OF ORANGE ("County"), a political subdivision of the State of California, and the CITY OF FOUNTAIN VALLEY, a municipal corporation in the State of California, and the CITY OF SANTA ANA, a municipal corporation in the State of California (collectively, a "City" or the "Cities"). The County and Cities shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The Edinger Avenue Bridge over the Santa Ana River ("Bridge") is a County owned bridge that lies entirely within County right-of-way, providing two-lane travel in each direction with no existing sidewalk and no bike lanes on either side of the Bridge. B. County has identified a need to improve pedestrian and bicycle access and traffic carrying capacity of the Bridge. C. The proposed project discussed herein will: 1) construct raised sidewalks and bike lanes on both sides of the Bridge to provide pedestrian and bicyclist access, 2) widen the Bridge to a major arterial highway width, and 3) add a sidewalk along the south side of Edinger Avenue from Harbor Boulevard to the Bridge ("Project"). D. Portions of the roadways connecting to the Bridge, from approximately five hundred (500) feet east and west of the Bridge, require widening to provide a smooth transition between the widened Bridge and the existing roadways. E. The northerly side of Edinger Avenue west of Santa Ana River, the northerly side of the road, connecting to the Bridge is within the City of Fountain Valley, and the southerly side of the road is within the County. The roadway east of the Santa Ana River connecting to the Bridge is within the City of Santa Ana. F. Pursuant to State and local guidelines, County prepared and distributed a Draft Mitigated Negative Declaration and Initial Study IP 12-080 for the Project and said IP 12-080 was subsequently certified by the County Board of Supervisors as final, complete and adequate to satisfy the statutory requirements of the California Environmental Quality Act of 1970 (CEQA), as amended. G. The Cities fully support the Project and desire to cooperate with the County in implementing the Project. 2 B-5 Agreement No. D 12-025 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. County and City Project Funding Obligations County will be responsible for one hundred percent (100%) of the Project costs including design, right-of-way, city-owned utility relocation, construction and construction administration. County will not be responsible for costs related to review, inspection, oversight, or any other Project-related administration duties performed by Cities, which shall be solely borne by the Cities, respectively. 2. Right-of-Way Acquisition, Design & Construction 2.1 CEQA. County is hereby designated as the Lead Agency for Project and is responsible for preparing, processing and securing all necessary environmental documents required by CEQA, as amended. 2.2 Project En ineer. County is hereby designated as Project Engineer to perform all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with criteria set forth in the current edition of the County of Orange Highway Design Manual, County of Orange Standard Plans, Cities' Standard Plans, and to advertise, award and administer the construction of Project and to execute and deliver all documents required in connection with the construction of Project. County shall comply with all applicable provisions of the Public Contract Code and other applicable laws. Furthermore, County shall coordinate with City when dealing with the community to ensure that community concerns are addressed in a manner acceptable to the Parties. 2.3 General Plan Conformance. Cities shall find and provide a statement that the Project conforms to the City's General Plan. 2.4 County Highway Declaration. In accordance with Streets & Highways Code sections 1700-1704, and prior to acquisition of right-of-way within the Cities, County shall pass a resolution declaring the Cities' roadways within the Project to be a County highway for purposes of Project right-of-way acquisition and construction only. Upon receipt of County's resolution, Cities shall consent by resolution to said County highway status. Upon County filing a notice of completion and Cities' acceptance of improvements, Cities' roadways shall no longer be designated a County highway. County and its contractor, subcontractors and agents shall not be required to obtain an encroachment permit from the Cities or other City permit or pay any City fee for any purpose covered by this Agreement. 2.5 Right-of-Way Acquisition. County shall be responsible for identifying right-of- way requirements within the Project limits, and shall also be responsible for any appraisals of properties needed for Project and right-of-way acquisition within County and Cities. If it is 2 B-6 Agreement No. D 12-025 determined that any properties within a City can only be acquired through eminent domain, the respective City and County will confer to determine which Party will pursue eminent domain acquisition. County will remain responsible for the acquisition costs regardless if County or Cities pursue eminent domain. 2.6 Utility Relocation. County and City shall work together to identify all conflicting utilities within the Project. County shall issue all utility relocation request letters. City shall issue concurrence letters to all utilities for relocation requests within City roadways and assist with relocation efforts. All utility relocations shall be performed by the project and all costs shall be borne by the project. 2.7 Project Plans, Insurance & Warranties. a. County's Engineer or designee ("County Engineer") shall submit Project plans, specifications and engineer's estimate to Cities for review and approval prior to advertising Project for construction bids. Prior to County advertising Project, Cities shall promptly review the plans and special provisions for work within their respective City roadways and either approve or provide comments on said plans and special provisions within fifteen (15) business days of receipt of such plans and special provisions from County. Should a City fail to provide timely comments on, and/or approval of these plans or special provisions in accordance with this time period, County may make a written demand to City for a response. If a City thereafter fails to provide comments on, and/or approve such plans or special provisions within three (3) business days of receipt of such demand, such plans or special provisions shall be deemed approved by the City. b. County shall require its contractor to identify the Cities as an additional insured with insurance sufficiently broad to the satisfaction of the Cities. County shall require its contractor to pass through and assign all warranties to Cities for Project work associated with their respective roadways. 2.8 Project Advertisement. Upon written approval of the final Project plans, specifications and engineer's estimate by Cities, County shall perform all of the administrative work required for advertising for bids, dealing with bid disputes and awarding the construction contract to the lowest responsible bidder. County may in its discretion reject all bids. If, after bids are opened, it is determined that insufficient funds are available to construct Project, County and Cities shall meet and confer to determine a course of action for Project. 2.9 Project inspection. County will invite Cities to attend the pre-construction meeting after award of the construction contract. Cities shall have access to their respective City roadways at all times during construction for the purpose of inspection. County will notify Cities 48 hours in advance prior to construction in the Cities portions. Cities shall inspect regularly. Should a City deem any remedial work to be necessary, the City shall notify County in writing thereof within one (1) business day of inspection, specifically describing the needed corrections 29B-7 Agreement No. D 12-025 and proposed remedial work. The City shall be solely responsible for any remedial work that is not brought to the County's attention in accordance with this paragraph. 2.10 Contract Change Orders. County shall process any contract change orders ("CCOs") that are necessary for construction of the Project. If CCOs are needed within a City roadway, the City shall review and approve such CCOs and provide a Project liaison ("City Engineer") during construction to coordinate CCO approval. City Engineer shall provide concurrence on CCOs within two (2) business days of County's submittal to City. If City fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved. County shall be financially responsible for the CCOs that are included in the County/City approved final Project scope of work. 2.11 Project Acceptance. Prior to County's acceptance of Project improvements in and filing a notice of completion, the respective City Engineer shall review and provide written approval of all Project work within that City. The City Engineer's written approval shall only be withheld for work not completed in accordance with the construction contract documents for the Project, which uncompleted work shall be dealt with during the City's regular inspections. County shall furnish Cities with one set of record drawings (As-Built drawings) for the completed Project and a copy of the filed notice of completion. 2.12 City Obligations Post-Construction. Upon City Engineers' written approval and County's final acceptance of the Project, Cities shall assume ownership and maintenance obligations for improvements within City roadways, and Cities shall accept quitclaims from County for right-of-way acquired by County on Cities' behalf. City of Fountain Valley shall also assume maintenance responsibilities for landscape improvements within the City. 3. Miscellaneous Obligations 3.1 Time is of the Essence. The funding source for the Project requires construction funds to be expended by June 30, 2014. Therefore, time is of the essence. Cities agree to execute their responsibilities in an expeditious manner so as not to jeopardize Project funding. 3.2 Indemnification & Hold Harmless The Parties shall indemnify, defend with counsel approved in writing, save and hold each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement. 3.3 Assi nment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party. 3.4 Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and 29B-8 Agreement No. D12-025 no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 3.5 Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 3.6 Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: Cities: City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Attention: Mark Lewis, Director of Public Works/City Engineer City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attention: City Engineer County: County of Orange/OC Public Works Department 300 N. Flower Street, Room 551 Santa Ana, CA 92702-4048 Attn: Teejay Areopagita, Project Engineer All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. 3.7 Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and/or any other claim of injury or damage. 3.8 Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs and expenses. Page 5 of 8 25B-9 Agreement No. D 12-025 3.9 Governing Law & Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 3.10 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 3.11 Termination In the event County or City defaults in the performance of any of their obligations under this Agreement or materially breaches any of the provisions of this Agreement, City and County shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event City or County cures such default within such thirty (30) day period, City and County's election to terminate shall be deemed revoked and of no further force and effect as to that particular default. 3.12 Availability of Funds This Agreement is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for future payment of money in excess of appropriations authorized by law. 29B-10 Agreement No. D12-025 IN WITNESS WHEREOF, CITIES have caused this AGREEMENT to be executed by its respective mayor and attested by its respective Clerk, and COUNTY has caused this AGREEMENT to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Cities Council and the Board of Supervisors, respectively. CITY OF FOUNTAIN VALLEY, a municipal corporation Date: By: John Collins, Mayor ATTEST: APPROVED AS TO FORM: By: Kathy Bailor, City Clerk By: CITY OF SANTA ANA, a municipal corporation Date: ATTEST: Maria D. Huizar, City Clerk Alan Burns, City Attorney Paul Walters, City Manager APPROVED AS TO FORM: By: 29B 11 Sonia Carvalho, City Attorney Agreement No. D12-025 COUNTY OF ORANGE, a political subdivision of the State of California Date: By: Chairperson, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: By: Susan Novak Clerk of the Board of Supervisors of Orange County, California 29-12 Deputy REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. FOR PAVEMENT CLEANING SERVICES IN THE CIVIC CENTER CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the amendment with Superior Property Services, Inc Center in an annual amount of $57,950, subject City Manager and City Attorney. Council to execute the attached agreement for pavement cleaning services in the Civic to non-substantive changes approved by the DISCUSSION Through the Civic Center Authority joint powers agreement with the County of Orange, the Parks, Recreation and Community Services Agency (PRCSA) is responsible for providing grounds maintenance services in the Santa Ana Civic Center, including hardscape pressure washing. On October 15, 2012, an RFP was issued for providing hardscape pressure washing services in the Civic Center. On October 25, 2012, a pre-proposal conference was conducted, and eleven contractors submitted proposals by the November 8 due date/time. Aztec Cleaning Services, Clean Street, A Dutch Touch, Dworsky Facility Services, Ellis Enterprises, Hydroblast, Keep It Clean, Qualified Mobile, Inc., South Shore Building Services, Superior Property Services, and Urban Graffiti Enterprises all submitted proposals for consideration. An evaluation committee consisting of representative from PRCSA and the County of Orange reviewed and rated the eleven proposals. The proposals were evaluated according to the evaluation criteria listed in the RFP, including Capability and Experience of Contractor (25%), Past Performance (25%), and Cost of Proposal (50%). The RFP evaluation results are as follows: 25C-1 Agreement with Superior Property Services, Inc. December 17, 2012 Page 2 Contractor Score* Superior Property 375 H droblast 322 Dworsky Facility Services 310 South Shore 231 Clean Street 229 Aztec 201 Kee It Clean 187 Urban Graffiti 181 Qualified Mobile, Inc. 174 Ellis Enterprises 162 A Dutch Touch Non-Responsive * Maximum 400 points possible Superior will remove stains, spills and other debris to provide a clean well maintained hardscape appearance in the Civic Center. Areas to be cleaned include the high traffic hardscape areas within the Civic Center Authority boundaries, including but not limited to sidewalks, building entranceways, and the East Mall area. The annual base contract cost is $47,950 and a $10,000 contingency will be added for unanticipated and emergency work, resulting in a total annual contract amount of $57,950. The agreement will be for a five-year term. FISCAL IMPACT Funds are available in the Civic Center M&R Buildings and Grounds account (no. 07413250 62320). I, Mn Gera(do Mouet, Exec tive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: A Francisco Gutierrez, Executive Director Finance and Management Services Agency 25C-2 AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS AGREEMENT, made and entered into this 1" day of January 2013, by and between Superior Property Services, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of hardscape pressure washing and cleaning services. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform those services as set forth in City's Civic Center Pavement Cleaning Services Specifications, attached as Exhibit A to this Agreement, along with Contractor's Proposal, attached as Exhibit B. In the event of any conflict in the terms of this Agreement and any attachment or exhibit hereto, the terms of this Agreement shall prevail, followed by the City's Specifications (Exhibit A) and then by Contractor's Proposal (Exhibit B). The Director or his designated representative shall regularly inspect the properties subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per property not meeting the Specifications during any such inspection. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The annual base contract cost is $47,950 ($3,995.83 per month), and a contingency in the amount of $10,000 is added for unanticipated I 25C-3 and emergency work, with the total sum to be expended under this Agreement not to exceed $57,950 annually, 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 The Term of this Agreement shall be for a period of five (5) years, commencing on the date first written above and terminating on December 31, 2017, unless terminated earlier in accordance with Section 12, below. City may terminate this Agreement if the Santa Ana City Council fails to approve funding for said services during any fiscal year. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 2 25C-4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 3 25C-5 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 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: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 4 25C-6 P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Superior Property Services, Inc. 9129 Perkins Street Pico Rivera, California 90660 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 statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 5 25C-7 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination. Additionally, City may terminate this Agreement upon thirty (30) days written notice of Contractor's failure to perform in conformance with the Specifications set forth in Exhibit A. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Specifications set forth in Exhibit A. b. Material Breach. If the Director determines Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider Contractor in material breach. City may exercise all remedies in law or equity for said breach, including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or delay in performance, and 2) directing the work be accomplished by either City personnel or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25C-8 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: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Paul Walters City Manager SUPERIOR PROPERTY SERVICES Larry DeCrona, President Tax ID# EXHIBIT A SANTA ANA CIVIC CENTER HARDSCAPE PRESSURE WASHING SERVICES SPECIFICATION 7 25C-9 1. Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision, except as specified herein, to manage and perform the pavement cleaning services as set forth herein. Completion Criteria: 1.1 All listed hardscape areas in Attachment A shall be cleaned at the indicated intervals, including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, etc. 1.2 Hardscape areas shall be cleaned 100% free of all dirt, stains, gum, oil, tar, and residue to present a high quality appearance following each scheduled visit. 1.3 Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated. 1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but is not limited to, steps, handicap ramps, side entrances, etc. 1.6 The Contractor shall also meet the criteria for cleaning as specified below. 2. Contaminated Water: 2.1 Only uncontaminated potable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste may be allowed to flow into the surface drains. Contractor shall comply with all NPDES requirements regarding the containment of discharge into the storm drain system. 3. Frequency of Service 3.1 All areas covered by this contract shall be thoroughly cleaned a minimum of one (1) time per month. Exceptions to this are noted below: Area A: Orange County Courthouse shall be cleaned one (1) time per week. The Reflection Pond at the Central Courthouse shall be cleaned one (1) time per month. Area B: City Council Chamber grounds and patios shall be cleaned one (1) time per month. 25d-10 Area C: City Hall entrance from Ross Street and Santa Ana Library Entrance shall be cleaned every two (2) weeks. Area D: The Civil Courthouse grounds shall be cleaned one (1) time per month. Area E: Orange County Hall of Administration grounds and the East Mall shall be cleaned one (1) time per week. Area F: Santa Ana Plaza shall be cleaned two (2) times per month. See Attachment A for detailed maps. 3.2 Specified hardscapes shall be thoroughly cleaned between the hours of 6:00 PM and 7:00 AM 4. Operating Criteria 4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways, patio, boardwalks, quads, esplanades) prior to cleaning operations. 4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require the use of scrub brushes, sponges, mops, or other tools or utensils. All cleaning agents or residuals thereof, used in this process must be completely removed prior to beginning cleaning operations. 4.3 During regular cleaning operations, the contractor may use high pressure, low- volume washers, and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surface. 4.4 At the beginning of cleaning operations, the Contractor shall strategically place approved signage at appropriate locations to identify to patrons that cleaning is taking place and that the walkways may be slippery. At all times Contractor shall safe guard the public from conditions made unsafe by the Contractor's operations. 4.5 During cleaning operations should the Contractor notice a hazardous condition he shall make the area safe by barricading the area and notifying the Executive Director's representative immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition. 4.6 The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause damage to hardscapes. 9 25C-11 4.7 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be require to remove the materials and produce a thoroughly clean surface. 4.9 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain. 4.9 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand-dried immediately after the conclusion of the operation in the immediate area. 4.10 Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed in Contractor's trash containers or otherwise removed from the site. 4.11 All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry. 5. Personnel 5.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone(s) of the Project Foreman(s) within one week after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours. 5.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within one week after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 5.3 Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work 10 25C-12 experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 5.4 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 5.5 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 5.6 Vehicle Passes. The Contractor personnel shall obtain vehicle passes from the County of Orange Parking Administrator, Public Works Department. 5.7 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. 5.8 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6. Other Requirements 6.1 Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review/approval by City. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 6.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include areas to be cleaned, days of the week, times and what person/crew will be performing specific work in accordance with the specification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. 6.3 Director's Authority. The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at ]l 25C-13 the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub-standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 6.4 The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 6.5 The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. EXHIBIT "B" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS 12 25C-14 As suppliers of goods or services to the City of Santa Ana, the company 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: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 13 25C-15 EXHIBIT "C" Insurance Company ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insured's ("additional insured's") 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 insured's. 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 insured's, 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 14 25C-16 City of Santa Ana "Pressure Washing Services" RFP 12-067 PRCSA PROPOSAL November 8, 2012 Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 (562) 801-9200 FAX (562) 801-9230 (800) 741-2532 Website: wwwAsuperioncom \ Superior Property Services, Inc. ? Superior Graffiti Services November 8, 2012 City of Santa Ana Mr. Robert J. Carroll 26 Civic Center Plaza 2"d Floor Santa Ana, CA 92701 RE: Hardscape Pressure Washing Services in the Santa Ana Civic Center RFP 12-067 PRCSA Dear Mr. Carroll, Superior is pleased to submit the enclosed proposal to the City of Santa Ana for pressure washing services. We have reviewed the information provided in the Request for Proposal and are confident Superior can meet all the requirements as outlined in this RFP. The following are the individuals authorized to make representations with respect to this proposal: Larry DeCrona, President 9129 Perkins Street Pico Rivera, CA 90660 Ronald Bruneck, Vice President 9129 Perkins Street Pico Rivera, CA 90660 Thank you for the opportunity to submit this information and we look forward to your review and comments. We can be reached at (800) 741-CLEAN or (562) 801-9200 should you or your staff have any questions. Respectfully, Superior Property Services, Inc. Ron Bruneck Vice President 9129 Perkins St., Pico Rivera, CA 90660-4512 562-801-9200 • 714-285-1200 Fax 55621 01-9230 • www.4superior.com 25C- 8 Executive Summary Background Superior Property Services, Inc., including Superior Graffiti Services and Superior Pressure Washing offer the kind of unique experience in all areas of graffiti abatement; pressure washing; painting; construction and property maintenance, rarely found in other companies. Superiors Vision of `Thinking About Tomorrow' reflects our profound respect for our environment and our responsibility to operate in a way that recognizes the impact we have on tomorrow's future. From the companies owners down we take pride in working together to provide the best products, technology and services available. Our innovative solutions and responsiveness to our clients have established Superior as a leader in the graffiti abatement and pressure washing industry. We are `Thinking About Tomorrow' and strive to improve the quality of life by providing cleaner and safer communities. We bring this vision to life through the power of our outstanding employees working hard to provide unmatched client services. The founders of Superior have over 80 years of combined business experience, building relationships on integrity and performance. We strive to always be a part of the solution. • Superior will succeed only by creating value for our clients • Superior will reward our employees that accept responsibility and provide superior service to our clients • Superior will always strive for excellence • Superior will work to protect the environment • Superior will foster teamwork • Superior recognizes our most valuable assets are our people and clients Superior Facts: o California Corporation ¦ Larry DeCrona, President & Founder ¦ Ron Bruneck, Vice President & Founder o In business since 1993 o Fifteen years of Graffiti Abatement experience o Currently employ 41 full time people o Management Team ¦ Nancy Hernandez, Office Manager ¦ Francisco Cuenca, Supervisor ¦ Chris Bruneck, Field Supervisor o Licenses: C33; D64 and B General Contractor o Corporate Offices & warehouse located in Pico Rivera o Anaheim office & warehouse (servicing Orange County) o Service Areas: Orange; Los Angeles; Riverside & San Bernardino Counties 25C-19 STATEMENT OF FACTS ? This RFP shall be incorporated in its entirety as part of our proposal. ? This RFP and proposal will jointly become the Scope for Professional Contract Services. ? Superior shall adhere to all state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. ? Superior has undergone NPDES training as required by the State of California and has adopted Best Management Practices (BMP's) as outlined by Orange County cities and the County of Orange permits issued by the California Regional Water Quality Control Boards ? Superior holds State Contractors License D64 (pressure washing) as required for this type of work ? Superior shall allow all authorized federal, state, county, and the City official's access to our place of work, books, documents, papers, fiscal, payroll materials and other relevant contract records pertinent to this project. ? Superior will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. ? Superior will at all times comply with the California Labor Code, pursuant to regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decisions; and State of California Prevailing Wage Rates. ? Superior shall comply with the Copeland Anti-kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof. ? Superior shall maintain a valid City of Santa Ana business license. 25C-20 Qualifications Superior Property Services, Inc. has provided the highest quality, high pressure and steam cleaning for almost two decades. Through the years Superior has received the experience necessary to complete any kind of job big or small. We have handled customer needs anywhere from cleaning parking stalls to the cleaning of 1.2 million sq. ft. of concrete for McCarron Airport in Las Vegas, Nevada. We currently are providing pressure washing services to the Cities of West Hollywood and Seal Beach. Sustainability Superior has worked hard and prided ourselves on becoming an environmentally conscience contractor. We have done extensive testing and evaluation of all of our chemicals and equipment. Superior would have no problem embracing the City's core values with respect to being a responsible contractor concerned about our environment. We would use our new Propane pressure washer equipped with a complete water recovery and recycling system. No other system exists in the state. Experience Superior currently provides the Cities of West Hollywood and Seal Beach with sidewalk cleaning of their major thorough fares and City Hall. This service includes pressure washing/steam cleaning/gum removal monthly of miles of heavy traffic Over the years we have provided the Tustin Unified School District with complete cleaning and gum removal of both Tustin High School and Foothill High Schools as well as the construction cleanup of Beckman High School. Our extensive experience includes Industrial buildings, walkways at UC Riverside, sidewalks around downtown Santa Ana, and the parking structure and jails for the Santa Ana Police Department. In addition to these local projects, Superior has also cleaned the parking structures of both the New York New York Hotel and McCarron Airport in Las Vegas. We presently have a fleet of over 30 trucks including ten pressure washers and trailer mounted units. We are constantly upgrading and expanding our equipment to insure we maintain the newest technology available. We would have the capability to respond quickly to any size job requested. Cleaning Process o Evaluate the chemicals used for cleaning eliminate those that contain solvents, heavy metals or high levels of phosphates o Evaluate the work area and identify all area drains and catch basins where wastewater could potentially enter the storm drain system o Block/seal off identified drains or catch basins using sand bags, rubber mats or berms. o Collect all trash and debris and properly dispose o Collect all wastewater or discharge into landscape areas o Removal of all gum and debris, misting an area to be cleaned; applying biodegradable degreaser, steam clean with a surface cleaner and then the area would be rinsed off with all water recovered an recycled. o All recovered water is put through a three stage filter system and than reused in the cleaning process. 25C-21 Equipment Superior takes pride in providing clients with the best service possible, to do so we maintain the best equipment for the job. We have a testing program to pursue alternative products; newer technology and equipment. Superior has an ongoing maintenance program designed to maximize the safety and condition of all vehicles and equipment. All vehicles are rotated out of service every three months and undergo a complete maintenance and safety check by an independent auto mechanic. Our pressure washers and water recovery systems are independently serviced by an outside contractor every three months. Each contractor is required to provide a detailed comprehensive report and safety check of each item serviced. In addition, our supervisor conducts a monthly maintenance inspection each vehicle. Pressure Washing Trucks This a full size '/a ton truck equipped just for pressure washing. We usually run a two person crew and can handle any type of pressure washing required including sidewalks, walls, poles and sand soda blasting as needed. We use both truck mounted and trailer mounted commercial pressure washing rigs with an output of over 4,000 psi; 6 gpm and 240 degrees. Our trailer mounted systems, are custom made and designed by Superior, and are the only fully propane systems used in California with complete water recycling and recovery system. Safety Equipment Superior provides all personnel with the proper safety equipment and training. Safety Shirts (visibility stripes) High Visibility Safety Vests (yellow) Safety goggles and gloves First aid and emergency kits Caution strobe lights Caution cones / signs / barriers MSDS Sheets Monthly Safety Meetings Weekly Vehicle Inspections Superior Reliability We do what we say "NO EXCUSES" Superior Creditability We resolve problems quickly and professionally, every time "NO EXCUSES" Superior Responsiveness We respond quickly, every time "NO EXCUSES" 25C-22 .7u Quality Assurance Program Superior's Quality Assurance Program is a process put in place to review the quality of all factors involved in meeting or exceeding the requirements as outlined in the Specifications. Our program comprises of three important areas: • Structured Elements o Understanding Work requirements o Performance Standards o Supervision & Inspections (self monitoring) o Response Times & Corrective Measures o Customer complaints & Inquiries o Reporting & Record Keeping • Competence o Knowledge/Training o Skills o Experience & Qualification • Soft Elements o Personnel integrity & honesty o Confidence o Management Support o Motivation -Team approach ¦ Encouragement ¦ Reward system Quality can suffer anytime these three areas are deficient 25C-24 Our program starts with our continuous comprehensive extensive training programs. We conduct monthly training meetings which include a discussion of any areas of concern or problem areas. Our Get It Right, First Time approach is achieved with better trained team members. Superior supports the following trade associations: Power Washers of North America (PWNA) and the Greater Los Angeles chapter of Painting and Decorating Contractors of America (PDCA). Through these Associations we encourage our employees to continue their training and knowledge of the methods and practices of both the painting trade and pressure washing trade. We emphasis greater communication between crews, supervisors and our quality assurance inspector. With better communication and ongoing inspections we are able to deal with issues before they become problems. Each area is inspected regularly by our inspector with written reports submitted to our supervisor and discussed with the technicians in the area. If corrective actions are required they are completed in a timely manner and re-inspected before they can be signed off by our supervisors. Any complaints received are investigated by our inspector and corrective measures are taken to avoid any further problems. All complaints must be resolved to the satisfaction of our supervisor, office manager and company owners within 48 hours or an approved written extension must be obtained. We make sure all phone calls; emails and/or written correspondence are responded to immediately. A major component of better communication is frequent and ongoing inspections. These inspections insure quality of work being performed in each area and inspections of all vehicles' and equipment insures safety and ability to complete each job. We have prided ourselves in constantly searching for new and innovative ways to increase our efficiency and performance. To that end we have custom equipped trucks to enhance efficiency. We have streamlined our reporting systems and were the first contractor to actively use a GPS system for real time tracking We take a great deal of pride in both our training programs and ongoing quality assurance programs 25C-25 Staff/Key Personnel Lawrence E. DeCrona President/Co-Owner Mr. DeCrona was honorably discharged from the United States Air Force after a tour of duty in Vietnam. He attended Mt. San Antonio College and Cal Poly University where he obtained a degree in Business Administration. He began his career in real estate and marketing in 1973 and specialized in residential and commercial income producing properties. Mr. DeCrona is a licensed General Contractor and has acted as Owner/General Partner in the acquisition, development or management of over $22,000,000 in real estate projects. As a developer/builder, he has built or renovated over 195 apartment units and completed construction of thirty-three single family and multi- family homes in Southern California. He has also completed construction and renovated over 178,000 square feet of commercial/industrial property and received the "Historical Restoration Award" from the City of Santa Ana in 1988 for the Oddfellows Building originally constructed in 1906. Mr. DeCrona and Ron Bruneck formed Superior Property Services in 1994. Superior is a full service graffiti abatement, janitorial service, pressure washing and property maintenance company. Mr. DeCrona was the co-founder, in 1980, of the Newport Beach Business Club and a 20-year member of Lions International and Past President of the Mariners Lions Club of Newport Beach. He is on the advisory Boards for Vanguard University and Friends of Institute of Real Estate Management. The DeCrona's are active members of Trinity United Presbyterian Church in Tustin, California. Mr. DeCrona is married to Diane M. DeCrona, a Tax Attorney/CPA, and they have a grown son and daughter. 25C-26 Ronald L. Bruneck Vice President/Co-Owner Mr. Bruneck began his career in real estate sales and property management in 1974. During his 15 years in property management, he was responsible for managing a portfolio consisting of over 2500 residential units and numerous commercial properties. He obtained his real estate brokers license in 1976, owned and managed Lanco Property Management until 1989. He then started CDS Maintenance which later became Superior Property Services in 1994. Mr. Bruneck is married with two boys and resides in Tustin, CA. Mr. Bruneck attended the University of Southern California, holds a Bachelor's degree in Business Administration and was a member of the Institute of Real Estate Management (IREM). Larry DeCrona and Ron Bruneck have worked together for over 20 years and in 1994 became partners to form Superior Property Services, Inc. Nancy Hernandez Director of Operations Office Manager Her years of experience in all aspects of the maintenance business have resulted in a responsive and knowledgeable manager. Being bilingual enables her to communicate with the employees giving them directions and new ideas to complete the work needed. Ms. Hernandez directly over sees the office staff and indirectly is responsible for all employees, with supervisors reporting directly to her. She also is responsible for scheduling work and accounts receivables. Ms. Hernandez is a integral part of the Superior operation and family. Experience: Lanco Property Management CDS Maintenance Superior Property Services, Inc. Education: Santa Ana Valley High School Orange Coast College Business Major Language: English & Spanish 1991- 1992 1992 - 1993 1993 - Present 1994 1994 -2000 25C-27 Francisco Cuenca Operations Manager Quolity Assurance Over the years Francisco has shown his versatility by taking on any job necessary. He has worked on our paint crews and became our key supervisor over seeing all of our graffiti abatement crews. He is very familiar with the requirements of our LA County graffiti contracts and the areas they service. Mr. Cuenca responsibilities now include the operations of all our contracts and reports directly to our Director of Operations. Experience: Superior Property Services, Inc. 1999 - Present Janitor Janitorial Supervisor Pressure Washer Graffiti Abatement Graffiti Abatement Crew Supervisor Operations Manager & Quality Assurance Supervisor Education: Saddleback High School 1989 Language: Spanish & English Chris Bruneck Field Supervisor Chris has grown up with Superior and has worked in all phases of the company. He has worked as a janitor, graffiti crew, data entry, and maintenance crew. He is responsible for supervising field crews for our Anaheim contract and both Seal Beach and West Holliday contracts. Chris has coordinated many special clean-up projects, including the City of West Hollywood Halloween Festival which has about %: million people attend. Chris has received NPDES training and has seven years of experience in pressure washing. Chris understands the importance of maintaining Superiors high standards of service and quality of work. Chris has a passion for soccer, enjoys music and working out. Experience: Superior Property Services, Inc. 2003 - Present Education: Tustin High School 2005 Santiago Community College 2005 -2006 Woodbury University 2006 -2007 Language: English 25C-28 Jose Gonzalez Crew Leader Pressure Washing/ Recycling Jose worked for several years on our graffiti abatement crews and was trained to handle our pressure washing and water recovery and recycling equipment. He has recently been promoted as a supervisor overseeing our pressure washing crews and equipment. Experience: Superior Property Services, Inc. 2006 - Present Education: McLane High School 1992 Language: Spanish & English Mario Mendez Pressure Washing Crew Mario is bilingual and has been involved in the janitorial industry prior to joining our Superior team. Mr. Mendez has been involved in all areas of service for Superior and has been working as a pressure washer for more than 2 years. Mario works closely with our other supervisors in improving training techniques and reporting procedures. Experience: Superior Property Services, Inc. 2003 - Present Education: Escuela Secundaria Mixta, Jalisco, Mexico 1992 Language: Spanish & English Juan Hernandez Pressure Washing Crew Juan began with Superior as a graffiti abatement crew member working on Los Angeles County contracts. Juan now runs one of our pressure washing trucks in Los Angeles County. Experience: Superior Property Services, Inc. 2005 - Present Education: Colegia Benito Juarez, Ciudad de Mexico, MX 1980 Language: Spanish & English 25C-29 Superior's Team All of our crew members have had a minimum of one year of prior experience. They must have and maintain a clean driving record. They receive extensive training by Superior prior to being placed on a crew in the field. Our corporate office is located in Pico Rivera and we have an Anaheim warehouse to service our Orange County clients. pr U or Pico Team " Experience/Client References (Partial list) County of Los Angeles Ms. Ari Telias 900 S. Freemont Alhambra, CA 91803-1331 (626) 458-4062 1997 Current Fiscal Year City of West Covina Mr. Ron Allen 1444 W. Garvey South West Covina, CA 91793 (626) 523-3766. 2008.2011 County of Orange Mr. Carl Reed 2301 N. Glassell St. Orange, CA 92865 (714) 955-0331 2008-Current Fiscal Year *City of Colton Ms. Maritza (Tapia) Martinez 650 N. La Cadena Dr. Colton, CA 92324 (909) 370-5099 2006 -2009 City of Orange Mr. Dana Robertson 300 E. Chapman Ave. Orange CA 92866 2010 - Current Fiscal Year City of Coachella Ms. Maritza Martinez 1515 60' St. Coachella, CA 92236 (760) 501-8111 Current Fiscal Year Notes: City of West Hollywood Mr. Kevin Trudeau 8300 Santa Monica Blvd. West Hollywood, CA 90069 (323) 848-6400 2009-Current Fiscal Year City of Simi Valley Mr. John Parris 500 W. Los Angeles Ave. Simi Valley, CA 93065 (805) 583-6459 2010---Current Fiscal Year City of Santa Ana (Police Department) Ms. Mary Calderwood (Retired) 60 Civic Center Plaza Santa Ana, CA 92704 (714) 245-8061 2004 -2008 Santa Ana Chamber of Commerce Mr. Dave Elliot, President 2020 N. Broadway #200 Santa Ana, CA 92706 (714) 541-5353 ext. 121 Business Reference *Maritza (Tapia) Martinez - Formally with the City of Colton now with the City Coachella 25C-31 Superior Property Services, Inc. Partial Reference List AMC MANAGEMENT AMERISTAR LENDING GROUP AMERICAN RED CROSS BIXBYLAAD COMPANY BPS GROUP BRENTWOOD COUNTRY CLUB BRYMAN COLLEGE CANYON ACRES CHILDREN SER VICES CENTER TRUST CITY OFANAHEIM CITY OF COLTON CITY OF ORANGE CITY OF RIVERSIDE CITY OF SANTA ANA CITY OF WEST COVINA CITY OF WEST HOLLYWOOD COUNTY OFLOS ANGELES COUNTY OF ORANGE COUNTY OF SAN BERNARDINO EPOCH CONSTRUCTION FLEET FUELS F O UN TA I NG L E N PR O P E R T I E S GODBEY MONROE GT BICYCLES HACKETT MANAGEMENT CORP. ICMYERS PROPERTIES KB HOMES LIMELIGHT JAVA LOS ANGELES COUNTY FLOOD CONTROL AlADISSONMARQUETTE MANAGEMENT 1KARNELL CORRAO MC CARRIONAIRPORT; Las Vegas, NV MINI-U-STORAGE NATIONAL AUCTION PROPERTIES, INC. NEW YORK, NEW YORK HOTEL, Las Vegas, NV ORANGE COAST JEEP, GMC & BVICK ORANGE COUNTYHEAD START ORANGE COUNTYPARENTS & TEACHERS PHILARMONIC HOUSE OFDESIGN PRESBYTERIAN CHURCH OF THE COVENANT PROWEST PCM, INC. RESCO SELF STORAGE RIDGEPARK LANDSCAPE RIVERSIDE COUNTY TRANS. COMMITTEE RUBY'S RESTAURANTS S & S BUILDING MAINTENANCE SCHROEDER MANAGEMENT SHOOK PROPERTIES SHURGARD SELF-STORAGES SPERRY VAN NESS SO UPLANTA TION RESTA URANTS SWINERTONBUILDERS THE CARLSON COMPANY TUSTIN UNIFIED SCHOOL DISTRICT UNITED CONSTRUCTION W. CRAIG DOOTSON WAHOO'S RESTAURANTS 24 HOUR FITNESS CENTERS 25C-32 Plan of Action Santa Ana Civic Center Pressure Washing Maintenance Schedule Annual Proposed Price: $47,950.00 2 - Pressure Washing Crews Every Sunday Night Area (per attachment A) Approximate Square Footage Weekly A & E 40,152 Week 1 Every two weeks C & F 4,845 Weekly A & E 40,152 Week 2 Monthly Reflection Pond (A) 7,552 Monthly Civil Courthouse (D) 1,020 Weekly A & E 40,152 Week 3 Every two weeks C & F 4,845 Weekly A & E 40,152 Week 4 Monthly Council Chambers (0) 12,834 • Two fully equipped pressure washing trucks from our Anaheim warehouse will be used for this contract. Each truck will use a 2 person crew and will be assigned specific area of responsibility. Four week rotating basis. • Cleaning will be completed beginning Sunday night by 8:00 pm and completed by Monday morning before 6:00 am • Office contact will be Nancy Hernandez (562-801-9200) • Field Supervisor will be Chris Bruneck (714-719-4419 cell) • Contract contact person Ron Bruneck (714-719-4419 cell) or Larry DeCrona (714-719-4417 cell) • Additional support as needed 25C-33 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. 1000941707-02 KNOW ALL MEN BY THESE PRESENTS, that we Superior Property Services, Inc. 9129 Perkins Street Pico Rivera, CA 90660 (Here insert full name and address or legal title or Contractor) as Principal, hereinafter called the Principal, and American Contractors Indemnity Company a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firnily bound unto City of Santa Ana, Parks, Recreation and Community Services Agency P.O. Box 1988 Santa Ana, CA 92702 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of _,LJQ%))Ten percent of bid, not to exceed five thousand seven hundred sixty Dollars ($5,760.00) for payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, tttistrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. RFP 12-067 PRCSA, Hardscape Pressure Washing Services in th Santa Ana Civic Center (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed (Witness) Superior Property Services c. (Principal)`????'l/ (Seal} ("Title) pjze? / 11A_a,z ArP& imess) Vanessa Copela d (Title) (Seat) , Attorney-in-Fact ArA V0UL.N1E\T A310 BID BOND ALA V FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 25C-34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On l 511-2- before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) Fq qi77 e hty Comm. Expires Mar 22.20114 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in i,is/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California tha a foregoing paragraph is true and correct.-1 Witness my Signature Notary OPTIONAL Though the information below is not required by law, it may prove valua le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ? Individual ? Corporate Officer-Title(s): ? Partner -- ? Limited ? General ® Attorney in Fact -ATUA 11-1 ? Trustee OF SIGNER ? Guardian or Conservator I Top of thumb here7 Number of Pages: Signer's Name: ? Individual ? Corporate Officer- Title(s): ? Partner - ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator Top of thumb here ? Other Signer Is Representing: ? Other: Signer Is Representing: `GG*CG`?t.`r?`•4-`CC:CC?`?'?C.?=c.?'?-`?G?i?:`?C??n_-?C?t_?`?`??tr`CCi`??`f?t,"?.??._4'`?-?Z:?i;?'4"EG`C<>`?<>?C4`?_'??`?fi`?c?:=?`v`?%C?G?4`C (02007 National Notary Association -935000 Soto Ave_ PO. Box 2402 -Chatsworth, CA 91313-2402 --Nal,onalNotary.org Item ,45907 Pcorrler: Call Toll-Free 1-E300-876-6827 25C-35 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Shawn Blume, Stephanie Hoang, Eric Lowey or Mark Richardson of Costa Mesa, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliverany and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and .consents of surety, providing the bond penalty does not exceed *******Three Million******** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorne)-in-F'oct maybe given full power and.authoilty for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogni:ances, contracts, agreements or indemnity and aiher-conditional or obligatory undertakings, including any and all consents for the release of-retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile; and any power ofattomey or certificate bearing facsimile signature or facsimile seat-shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be4igned-and their corporate seals to be hereto affixed, this 3'd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: State of California County of Los Angeles SS: Daniel P. Aguilar, On this 3'd day of October, 20 t 1, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY--under the-laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. oteolwt ttttst CprNeNOa i t!2lOq Signature /(ees t-. (Seal) men Pak . cwwwk ca a?tn 0-* 1 kw. frommull, loss I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, t have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of "e_,)Mbe W ,2012 Corporate Seals t,4AtTf>{?? T Q' SEAL "` Bond No. ???? sft?t + Jeannie Lee, ssistant Secretary Agency No. 18200 25C-36 A` °R°® CERTIFICATE OF LIABILITY INSURANCE !1:24/2012 MIDD/YWY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Garrett/Mosier/Griffith/Sistrunk CONTACT NAME: Risk Management & Insurance Services PHONE IAJC. No. E (949)559-6700 FAX AIC No): (949)552-5703 12 Truman Irvine, CA 92620 E-MAIL ADDRESS: INSUREMS) AFFORDING COVERAGE NAIC ft .Com OB84519 INSURED INSURER B Superior Property Services, Inc. 9129 Perkins St. INSURER C Pico Rivera CA 90660 INSURER D: INSURER E COVERAGFR f:FRTII7I(_ATF All IMRF:0- 4--..o ne1f1Q1n?1 ?111eeocn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INRR ADDL SUBR VfVn POLICY NUMBER l MWDDNYYY MMIDON Y LIMITS A GENERAL LABILITY MGLO176732 6122/2012 6/22/2013 EACH OCCURRENCE $ 1,000,000 ? COMMERCIAL GENERAL LIABILITY OOMAGE TO RENTED PREMISES Ea occurre nce $ 50,000 CLAIMS-MADE ?? OCCUR MED EXP (Any one person) $ 5,000 ? $5,000 Deductible PERSONAL& ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY PRO- LOC $ B AUT OMOBILE LIA13CLITY 014AU02901 6/22/2012 6/22/2013 Ea acatleDSiNGLE LIMIT $ 1,000,000 ? ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ? NON-OWNED HIREDAUTOS ? AUTOS PROPERTY DAMAGE Per accident S ? Physical Dama e $500 Comp Ded g $500 Coll Ded $ s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ S $ C WORKERS COMPENSATION 3300061722-121 612212012 6/22/2013 VVC STATU- 17- EMPLOYERS' LIABILITY y / p TORY LIMITS ER ANY ANY PROPRIETOR/PARTNER/EXECUTIVE 0 I FXCLUDEO? J N I A E.L.EACHACCIDENT $ 1,000000 n d a t o r y In NH) (Mandatory in NH) It yes describe under E.L. DISEASE - EA EMPLOYEE $ 1,000.00 0 , DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, County of Los Angeles is added as Additional Insured, per CGL-216 (04/98) attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included, per CG24041093 attached. This certificate of insurance amends and supersedes an rev' usl issued certificate, CERTIFICATE HOLDER CANCELLATION All Operations SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C t f oun y o Los An eles THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. P4 Box 1460 Alhambra CA 91802 AUTHORIZED REPRESENTATIVE Michael Finn Q919BB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 14100888 Charise Eberhard 9114/2012 10:54:15 AM Page 1 of 3 25C-37 State Of California %*;,?ONTRACTORS STATE LICENSE BOARD Cooaumer ACTIVE LICENSE Affairs 4* ,- ..835687 E CORP SUPERIOR PROPERTY SERVICES INC C33 C61/D38 s 04/30/2014 www.es[b.ca.gov 25C-38 IV. CONTRACTOR'S REFERENCES These sheets must be completed in full and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 City of West Hollywood Customer N99% Address: X1Santa Monica Blvd 1q ' ' -6216 Contract Amount: $101,520.00/annually City of Anaheim Sandra Sagert Descri Lion of equipment and services provided: Monthply sidewalk cleaning for Santa Monica Blvd., including City Hall and Special Events. We provide multiple pressure washing crews using u water recovery and recycling systems. Reference No. 2 Customer Name: City of Seal Beach 211 Eight St., Seal Beach, CA Address: Contract Amount: $39,900.00/annually Kevin Trudeau Contact Individual: Phone Number: (3 848-6339 Year: 2009 - Current Fiscal Year Contact Individual: Cesar Rangel Phone Number: (562) 431-2527 Year: 2009 - Current Fiscal Year Description of equipment and services provided: Monthly sidewalk cleaning for Main St., PCH to Ocean Blvd., using BMP's, we use a 2-man pressure washing crew with a completed water recovery and recycling system. Reference No. 3 Customer Name: 200 S. Anaheim Blvd., Ste. 525 Address: Anaheim, CA 92805 $920,0001annually Contract Amount: (714) 765-4413 Phone Number: Current Fiscal Year Year: Pe cr' ion of? ME ent atncWervices idled: on ra ro gra men . e pravidgTr y equipped pressure washing trucks to remove graffiti from all unpainted surfaces and sidewalks. Contact Individual: 25C-39 V. PROPOSAL FORM AND DEVIATIONS Please describe and deviations from the KFF specifications below. It no deviations, state "none". Deviations: NONE Cost of Base Bid: $ 47,950.00 Additional (Optional) Services Hourly "call out" rate for pressure washing, no $ 50.00 chemicals Additional (Option a l Add-On Locations Square foot price per month - once per month $ 0.0 service Square foot price per month - twice per month $ U.Ub service Square foot price per month -- four times per $0.04 month (weekly) service The undersigned contractor agrees to provide pressure washing services in accordance with all specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Where there is a discrepancy between words and figures, words shall govern. i have verified that all information, attachments, and copies required in Section I.D. are included. Superior Property Services, Inc. Name of Contractor (Person, Firm, Corp.) 9129 Perkins St., Pico Rivera, CA 90660 Signature of Authorized Rep. Ron Bruneck, Vice President Address Address (562) 801-9200 Telephone Number Name and Title (Please Print) // -- ,,, - 2? " 2 Date Ron@4superior.com E-Mail Address 25C-40 EXHIBIT "B" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company 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. COMPANY Superior Property Services. Inc. TITLE OF PERSON SIGNING fVice President SIGNATURE DATE /./ - e- ._ Zd r -z- Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 14 25C-41 25C-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: AGREEMENT WITH SINGLE POINT ALLIANCE, INC. FOR PROVIDING A CENTRAL STORES CONSIGNMENT INVENTORY PROGRAM L4?b? - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15S 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 with Single Point Alliance, Inc. to provide Central Stores a consignment inventory program for a two- year period in an annual amount not to exceed $667,500, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency has been in the process of evaluating services to reduce organizational costs and/or to provide efficient and effective service levels. One area identified is the area of inventories cost control through the usage of a consignment inventory program. Under this program, a selected vendor stocks a warehouse with inventory that will remain their property until the inventory items are issued to end-users. A consignment inventory program for the Central Stores operation will provide several benefits, including reduced inventory costs, discounted pricing, and other soft cost savings. On December 6, 2011, the Finance and Management Services Agency (FMSA) issued a request for proposals for providing a Central Stores consignment inventory solution. Requests for proposals were mailed to six vendors. A pre-proposal conference was conducted on January 26, 2012 and three vendors submitted proposals for review. Gale Supply, Grainger, and Single Point Alliance each submitted proposals for consideration. An evaluation committee consisting of representatives from FMSA's Budget, Purchasing and Central Stores divisions reviewed and evaluated the proposals. Single Point Alliance rated highest with 332 points, followed by Grainger with 207 points, and Gale Supply scored 105 out of a maximum 400 points. Gale Supply Grainger J Single Point Alliance 105 207 ?= 332 Vendors were asked to submit proposals that would provide for stocking the Central Stores warehouse on a consignment basis. Under the consignment program, Single Point Alliance will stock the warehouse with inventory that will remain their property until the inventory items are 25D-1 Agreement with Single Point Alliance, Inc. December 17, 2012 Page 2 issued to City staff. Once inventory items are issued to City staff, Single Point Alliance will invoice the City only for items used. Through this agreement, Single Point Alliance will replace approximately 51 vendors that the City uses for maintenance, repair and operation (MRO) supplies. Single Point Alliance will be responsible for conducting regular inventories, and restocking items that fall below minimum inventory thresholds. In addition, Single Point Alliance will remove obsolete and unused items from the warehouse inventory at no cost to the City. In addition to the estimated 4-6% annual savings of approximately $40,000, the City will realize increased efficiencies and soft cost savings as a result of this new program. Staff estimates that the number of vendors used for the procurement of MRO supplies issued out of Central Stores will decrease from 72 to approximately 21. With this reduction of vendors, staff estimates the number of Purchase Orders issued on a monthly basis for MRO supplies from Central Stores will be reduced from 458 to approximately 127 per year. Consequently, the number of invoices processed and paid by Finance and Management Services/Accounts Payable section for MRO supplies issued out of Central Stores is expected to be reduced from 1,626 to approximately 589 per year. As a result of these efficiencies, staff estimates a projected soft cost dollar savings of $80,000 to $100,000 per year. FISCAL IMPACT Funds for this agreement are available in various departmental accounting units (account 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D-2 AGREEMENT FOR PROVISION OF MAINTENANCE REPAIR AND OPERATIONS SUPPLIES ON CONSIGNMENT BASIS This Agreement ("Agreement") is made and entered into this day of , 2012, (the "Effective Date") by and between Single Point Alliance, Inc., a California corporation and wholly-owned subsidiary of Shamrock Supply Company, Inc., with its corporate offices located at 3366 E. La Palma Avenue, Anaheim, California 92806-2814 ("SPA") and the City of Santa Ana, a charter city and municipal corporation of the State of California, located at 20 Civic Center Plaza (M-30), Santa Ana, California 92702 ("City"). RECITALS City issued Request for Proposals # 11-059, dated December 16, 2011, seeking a Central Stores Consignment Inventory Solution for the City's various departments and operations. 2. SPA submitted a responsive Proposal dated January 26, 2012. 3. City now desires to retain a contractor having the special knowledge and ability to supply maintenance, repair and operations equipment and materials. 4. SPA is able and willing to provide such equipment and materials on a consignment basis. 5. In undertaking the performance of this Agreement, SPA represents that it is knowledgeable in its field and that any services performed by it under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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. TERM. The term of this Agreement shall be for a period of two (2) years commencing on , and terminating on unless terminated earlier in accordance with Section 8, herein. The term may be extended for up to two successive two-year terms upon the mutual consent of the parties. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Director of Finance and Management Services, or his designated representative, and the representative of SPA shall be the Director, Finance, or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. SPA RESPONSIBILITIES SPA shall deliver or cause to be delivered, at City's request, an inventory of maintenance, repair and operations products ("MRO Products") to be purchased for use by City at the prices set forth in Exhibit A, attached hereto and incorporated by reference. Until issued by City, the MRO Products shall be deemed on consignment, and not on a sale or return basis, in accordance with 25D-3 the applicable provisions of the California Uniform Commercial Code. Pursuant to the consignment program: a. SPA will provide consigned inventory of MRO Products to City. Said MRO Products will be stored at City's Central Stores Warehouse ("City Store"), 215 Center Street, Santa Ana, California 92703. b. Risk of loss of MRO Products will transfer to City upon delivery to City Store. City shall acknowledge the receipt and financial responsibility upon delivery of MRO Products to City Store. SPA shall provide mutually agreed upon quantities for the initial consigned MRO Product assortment. The initial stock may be later amended by the parties' mutual agreement, based upon actual City material usage trends for MRO Products. City shall acknowledge the receipt of and financial responsibility for MRO Products upon delivery. These MRO Products shall be paid for by City upon usage following normal established billing procedures. With the exception of mutual consignment adjustments to the MRO Product assortment, SPA shall with each delivery, provide a packing slip listing MRO Products delivered, City returns, and unit prices. Said packing slips shall be listed on the monthly statement. Stock returns/refunds will be handled through internal debit/credit memos. d. The MRO Products shall be restocked as often as necessary to maintain the inventory at initial stock level, as adjusted by mutual agreement of the parties. SPA will hold pricing firm from January 2013 thru June 2013, using the manufacturer's commitment letters and contracts already in place. Pricing will be maintained firm thru December 31, 2013, providing, however, if SPA is unable to successfully negotiate with the manufacturers, SPA may request a price increase for those products. Price increases over 5% may be approved only upon submittal of manufacturer documentation and the City of Santa Ana approval. SPA will aggressively negotiate to provide fixed pricing for the balance of the first two year term,through calendar year 2014. Subsequent extensions may be approved based on SPA fixed pricing for the two year extension period. If during an extension term, SPA proposes a price increase SPA will provide City with 120 days notice of such price increase to allow City to attempt to negotiate lower pricing and/or to account for any such increase during its annual budget process. A physical inventory with both parties present shall be performed every quarter on the SPA-owned and consigned MRO Products located at City Store, and any missing or damaged inventory shall be billed to City and shall appear on a monthly statement. Overages will be credited to City. The inventory process shall include a physical count and verification of all on-site, consigned materials in accordance with standard industry practices. All MRO Product returns and claims for adjustments and other matters relating to the supply of MRO Products shall be directed by City to SPA. MRO Products that are returned must be new and in resalable condition. City will be responsible for any vendor/manufacturer restocking charges, on a pass through basis, on returned products. SPA shall assist in the resolution of any disputes between City and any vendor or manufacturer regarding any MRO Products supplied pursuant to this Agreement. This 25D-4 section shall only apply to MRO supplies that have been issued by City and then returned. SPA shall be responsible for adjustments for products they still own, g. SPA shall supply special order MRO Products at pricing levels of similar products in the same product category, at the request of City. Special order MRO Products are not eligible for return. h. "MRO Products", shall principally be, though not limited to, expendable and consumable products that are specific for maintenance, repair and operations of facilities and equipment (e.g., tools, safety/PPE, fasteners, janitorial supplies, etc.). Materials may include products from original equipment manufacturers (OEM), other manufacturers, distributors, master distributors, suppliers, contractors, subcontractors, or other resources, all of whom have a commercial relationship with SPA and may have formerly had a commercial relationship with City. 4. CITY RESPONSIBILITIES a. Provided that SPA is in full compliance with this Agreement, City will use commercially reasonable efforts to purchase MRO Products primarily from SPA during the term of this Agreement. City is under no obligation to obtain MRO Products from SPA if City determines in its sole discretion that: (a) the applicable MRO Products are required on an emergency basis and contacting SPA may or would cause a detriment to City; (b) SPA cannot supply the applicable MRO Products in a timely manner, and/or; (c) SPA cannot supply the applicable MRO Products at a competitive market price. b. City agrees to designate, identify and/or store MRO Products separately from other inventory owned and/or used by City. 5. COMPENSATION AND PAYMENT TERMS Payment for MRO Products and all other purchases will be consolidated on a monthly invoice presented for payment within 5 business days after the close of the month and will be paid in full thirty (30) days after receipt of such monthly invoice, subject to City accounting procedures. The total compensation to be provided pursuant to this Agreement shall not exceed $667,500, annually, during the term of this Agreement. 6. WARRANTIES SPA is not a manufacturer of MRO Products and shall have no liability to City with respect to any MRO Product claims. SPA shall use its best efforts to obtain from all manufacturers and suppliers from which SPA procures MRO Products, best-in-class warranties and purchase terms with respect to such MRO Products, which shall be made available to City to the full extent of the terms thereof. SPA's obligation and liability with respect to such MRO Products shall be limited to using good faith efforts to procure such warranties and rendering all reasonable assistance to City for the purpose of enforcing such warranties. CITY EXPRESSLY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT SPA IS NOT A MANUFACTURER OF MRO PRODUCTS. SPA represents, warrants and covenants that it has the requisite power and authority to carry out all activities and transactions contemplated hereunder, and that SPA has and shall continue to have all rights, titles, licenses, permissions and approvals required to provide the MRO Products to City. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT WITH RESPECT TO MRO PRODUCTS ARE THE ONLY WARRANTIES MADE THERETO, AND THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND 25D-5 SPECIFICALLY THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 7. INDEMNIFICATION a. City shall indemnify and hold SPA harmless from and against all damages, claims or demands that may, during the term of this Agreement, arise or be occasioned by the negligent or intentional acts of City, its officers and employees. b. SPA shall indemnify and hold City harmless from and against all damages, claims or demands that may, during the term of this Agreement arise or be occasioned by the negligent or intentional acts of SPA or SPA's employees, agents or representatives. INSURANCE a. City, at its sole cost and expense, shall obtain, maintain and pay for insurance against the loss, theft or damage to the MRO Products for the full replacement value thereof. Said insurance shall name SPA as additional insured and loss payee. b. Prior to undertaking performance of work under this Agreement, SPA shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: i. 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. ii. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, SPA 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, SPA agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 9. TERMINATION Either party may terminate this Agreement, upon 60 days prior written notice to the other party. This Agreement may be terminated immediately by either party for the following causes: (i) in the event that the other party fails or refuses to pay any amounts due under this Agreement and such failure continues for ten (10) days after written demand for payment; (ii) in the event that the other party fails or refuses to perform any obligations required under this Agreement, and such failure or refusal continues for sixty(60) days after written notice thereof, and (iii) in the event that the other party files a bankruptcy petition, has a bankruptcy petition filed against it, makes any assignment of its assets for the benefit of creditors, or admits in writing its' inability to pay its debts as they become due. 10. EFFECT OF TERMINATION OR EXPIRATION Immediately upon the expiration or termination of this Agreement by either party for any reason: (i) all duties, responsibilities and other obligations of each party hereunder shall terminate, except for the payment of any amounts due and owing to either party at the time of termination; (ii) each party shall immediately return to the other party all equipment, software, books, records, tools and any other personal property owned by the other party that are in such party's possession. If either party fails to return such Property, the other party shall be entitled to enter into the withholding party's property to remove all equipment and other items of personal 25D-6 property owned by such entering party without being deemed guilty of trespass or any other violation of the law; and (iii) City shall purchase all special order MRO Products owned by SPA and located at City property. H. 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 Fax 714- 647-6956 With courtesy copy to: FMSA- Fleet City of Santa Ana 215 S. Center St. Santa Ana, CA 92703 Fax 714-647-3539 To Consultant: Single Point Alliance, Inc. 3366 E. La Palma Avenue Anaheim, California 92806 Fax 714-575-6411 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. 12. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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 non- disclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is 25D-7 required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other party. 13. NO LIENS (a) The Parties agree that SPA retains ownership of all MRO Product. Title to any item of MRO Product shall not pass to City until such time as City uses that item in the performance of service. City warrants that it shall take no action, including but not limited to the granting of a security interest, or fail to take any action, which would operate or does operate in any way to encumber the inventory of SPA located at the City locations. (b) City agrees to execute documentation reasonably requested by SPA and required to protect SPA's interest in inventory held at City locations. (c) To the extent permitted by applicable law, City authorizes SPA to file any and all documents necessary to perfect SPA's title to the MRO Product. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and SPA, 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 SPA. 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 SPA or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of SPA, SPA 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. 16. 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. LICENSES/PERMITS SPA 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. SPA 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. 25D-8 18. MISCELLANEOUS a. This Agreement shall be construed and interpreted under the laws of The State of California without giving effect to the provisions thereof relating to conflicts of law. b. No failure of either party hereto to exercise any power given such party hereunder or to insist upon strict compliance by the other parry to its obligations hereunder, and no custom or practice of the parties in variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. C. 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. d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. e. Each party shall, in a timely manner, time being of the essence, execute and deliver such papers, documents, and instruments, and perform such further acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. IN WITNESS WHEROF, the parties hereto cause their hands and seals to be affixed by their duly-authorized representative effective as of the date and year first above written. Single Point Alliance, Inc. City of Santa Ana By: Name: Wayne J. Plizga Title: Director, Finance By: Paul M. Walters City Manager Attest: Maria D. Huizar Clerk of the Council Recommended for Approval: Francisco Gutierrez Executive Director - FMSA Approved as to Form: Laura Sheedy Assistant City Attorney 25D-9 25D-10 Exhibit A (Part 1) Part # Description Unit SPA Per Unit Pice Waterworks Fittings 72-3425 ANGLE METER STOP, BRASS, 1-SWIVEL NUT X CU. FLARE EA. $ 33.45 72-0208 ANGLE METER STOP, 1", BRASSSWIVEL NUT X CU COMP.,P14258N EA. $ 35.87 72-0209 ANGLE METER STOP, 1", BRASSSWIVEL NUT X CU COMP.,P14258N EA. $ 39.37 72-1738 CURB STOP, BALL, BRASS, 3/47. IPT BOTH SIDES, LOCK WING EA. $ 36.45 72-3627 TUBING, COPPER, 1" X 60' COILTYPE "K", SOFT FT. $ 4.58 72-0474 BUSHING, METER, 1" X 1 1/4"BRASS EA. $ 6.71 72-0912 COUPLING, METER,3/4" X 2" LONGMALE IPT X SWIVEL NUT, BRASS EA. $ 7.03 59-6000 NUT, HEX, FIN, 5/8-11, SILICONBRONZE EA. $ 1.01 60-4000 SCREW, HEX HD CAP5/8-11 X 2 1/2 EA. $ 3.52 72-3700 TUBING, COPPER, 2" X 20' FT. $ 11.25 72-1745 CURB STOP, BALL, BRASS, 1" X3/4", 1" F. IPT X 3/4" EA. $ 39.08 73-0051 METER, WATER, 5/8" X 3/4",DISCSPLIT CASE, CU.FT EA. $ 46.60 73-0119 METER, WATER, 2", DISC, SPLITCASE, CU.FT, BADGER M170,ELLIP EA. $ 352.40 Waterworks Pipe and Boxes 89-3200 HDPE PIPE, ELBOW 45 BF, 4" DR17, MOLDED BUTT FUSION 45 EA. $ 16.43 89-4100 HDPE PIPE, TEE BF, 4" DR 17MOLDED BUTT FUSION TEE EA. $ 19.86 89-1900 HDPE PIPE, CLEAN OUT4", W/PLUG EA. $ 39.38 76-1702 CAST IRON ROUND FRAME LONG BODY, SLOW EA. $ 84.76 76-1703 CAST IRON ROUND COVER LONG BODY, SLOW EA. $ 56.10 72-0345 BOX, POLYMER, #4 112, FOR 1"OR SMALLER METER EA. $ 37.37 72-0370 BOX, POLYMER, #6B, FOR 1 1/2"AND 2" METER EA. $ 69.21 82-0450 VALVE, GATE, MJ X MJ, 6"RESILIENT WEDGE EA. $ 495.36 89-1500 HDPE PIPE, 4" DR 17 X 20TUSABLE PIPE/BUTT FUSION PIPE FT. $ 2.41 Signs and Accessories 83-2220 SIGN, "NO STOPPING ANYTIME"12" X 18", #R26S, RED ON WHITE EA. $ 8.58 83-1600 SIGN, "STOP", 30" OCTAGON,#RIRWHITE ON RED,W/DG-3 SHEETING EA. $ 56.56 83-2705 SIGN, "NO PARKING, ANY STREETTHIS TRACT - STREET SWEEPING EA. $ 17.25 83-1958 SIGN, "ONE WAY (RIGHT) ARROW"36" X 12", #R10R EA. $ 27.15 83-5942 SIGN MOUNTING HARDWARE(1) 5/16" X 2 1/2" BOLT V. $ 0.37 83-2540 PENETRATOR POST BASE W/HOLESALL THE WAY, SQUARE FIT POST EA. $ 9.63 83-2543 POST, SIGN, 6' SQUARE FIT14 GAUGE, 2" X 2" EA. $ 12.38 83-2548 POST, SIGN, 12' SQUARE FIT14 GAUGE, 2" X 2" EA. $ 24.52 83-5108 SIGN, "HANDICAP PARKING ONLYWITH WHEELCHAIR SYMBOL", #R99 EA. $ 10.50 83-1578 SIGN, "NO PARKING IN ALLEY"12" X 18", RED ON WHITE EA. $ 8.58 83-2700 SIGN, "NO PARKING, THIS BLOCK,STREET SWEEPING, SAMC 36-133 EA. $ 17.25 83-1676 SIGN,"SPEED LIMIT 25 MPH, 24"X 30", BLACK ON WHITE EA. $ 59.75 83-4481 SIGN, SELF ADHESIVEHI-INTENSITY AMBER DOTS EA. $ 3.21 83-5760 TAPE, "CAUTION", YELLOW(3" X 1000') PER ROLL RL. $ 11.06 83-5752 CONE, SAFETY, 18"STENCILED "S.A. PUBLIC WORKS" EA. $ 6.11 25b-11 Safety and First Aid 30-1005 HAND WIPES, ANTIMICROBIALALCOHOL GEL, 100/BX, 10 BXS/CS BOX $ 4.90 30-1205 HYDROGEN PEROXIDE, ANTI-BACTERIAL,CLEANSING,16 OZ BTL BTL. $ 1.00 15-1122 GLOVES, DISP., NITRILE, 4 MILMICRO TEXTURED, X-LRG, 100/BX BOX $ 5.95 15-0811 GLOVES, G-TEK, SIZE - XLPIP 34-876-X-LARGE PR. $ 3.51 15-1003 GLOVES, G-TEK, SIZE - XLPIP 34-876-X-LARGE PR. $ 3.51 15-1610 MASK, RESPIRATOR, DUST & MIST20/BOX EA. $ 0.60 15-0901 GLOVE, BLK NEOPRENEI2", USE W/CHEMICALS PR. $ 4.50 15-1670 PROTECTOR, HEARING, EARMUFF25 DB, 3-POS EA. $ 4.95 15-1669 EAR PLUG, SPONGE TYPE, 31DBRATING, 200 PAIR/BOX PR. $ 0.10 15-1210 GLASSES, SAFETY - BLACK FRAMEW/ CLEAR LENS, UD EA. $ 2.65 15-0806 GLOVES, G-TEK, SIZE - MPIP 34-876-M PR, $ 2.75 15-0643 CAP, SAFETY, HARD HATW/RATCHET, ORANGE EA. $ 10.75 15-0953 GLOVE, STD COTTON CANVAS PR. $ 0.60 15-1930 VEST, SAFETY, XL, LIGHTWEIGHTW/REFLECTIVE STRIPES EA. $ 5.50 30-1202 STERIS COVERAGE SPRAY HB22 OZ. BTL. $ 11.00 15-1300 PADS, KNEE, 12" X 24"2" DEEP, BLACK FOAM EA. $ 9.90 15-3002 FLARES, FUSEES, HIGHWAY30 MIN,36/CS, FLAMMABLE SOLIDS CS. $ 51.33 12-0253 BLANKET, PAPER, EMERG., YELLOWPOLYBAGGED, 54" X 80", 40/C5 EA. $ 3.63 Electrical Supplies 90-1780 LAMP, METAL HALIDE, 10OWMOGUL BASE EA. $ 34.95 90-0950 LAMP, HIGH PRESSURE SODIUM100W, MOGUL BASE, CLEAR, 20/BX EA. $ 5.14 52-3600 LAMP, T-8, 4-FT FLUORESCENTNO SUBSTITUTIONS EA. $ 2.30 52-5543 TAPE, ELECTRICAL, VINYLPLASTIC, 3/4" X 601 EA. $ 0.59 90-0951 LAMP, HIGH PRESSURE SODIUM150W, MOGUL BASE, CLEAR, 20/BX EA. $ 11.50 52-3003 LAMP, COMPACT FLUORESCENT,100WSCREW IN TYPE EA. $ 3.85 52-3004 LAMP, COMPACT FLUORESCENT, 150WSCREW IN TYPE EA. $ 11.65 52-3002 LAMP, COMPACT FLUORESCENT, 75WSCREW IN TYPE EA. $ 7.30 52-0475 SURGE SUPPRESSOR, 12 OUTLETSCIRCUIT BREAKER, W/SWITCH EA. $ 26.26 90-0900 STARTER, HIGH PRESSURE SODIUMSEQUOIA LTG.SS-1 SUPER STARTER EA. $ 13.98 52-0410 METAL HALIDE BALLAST70 WATT 120 VOLTS, FOR P.D EA. $ 35.26 52-0411 METAL HALIDE BALLAST100 WATT 120 VOLTS, FOR P.D EA. $ 35.29 Batteries 52-0300 BATTERY, AAA CELL, ALKALINEI.S VOLT, AL24 EA $ 0.22 52-0320 BATTERY, C CELL, ALKALINE, 1.5VOLT, AL14 EA $ 0.46 52-0346 BATTERY, 9 V CELL, 1"X2"X5/8"AL1604 EA $ 0.87 52-0315 BATTERY, AA CELL, ALKALINE,I.SVOLT, AL15 EA $ 0.22 52-0338 BATTERY, D CELL, ALKALINE, 1.5VOLT, AL13 EA $ 0.65 25b-12 Janitorial Supplies 12-0865 CLEANER, DEGREASERSIMPLE GREEN 1 GL BTL. *MSDS GL. $ 10.50 12-1848 LINER, LARGE, 40"X46",.62 MILLOW DENSITY, CLEAR, 100/CS CS. $ 17.25 12-1820 LINER, LARGE, 40"X46",.62 MILLOW DENSITY, CLEAR, 100/CS CS. $ 12.50 12-3005 RAGS, WHITE FLANNEL, RECYCLED100% COTTON, 10 LB. BOX BOX $ 14.20 12-3448 TOWEL, PAPER, MULTIFOLD334 TOWELS/PKG, 12 PKG/CS CS. $ 20.25 12-2915 SOAP, HAND, LIQUID, "HONEY ANDALMOND", 1 GL BTL., 6 GL/CS GL. $ 9.60 12-2910 DETERGENT, DISHWASHING LIQUID38 OZ. BTL., JOY 8/CS., *MSDS* BTL $ 4.75 12-0402 BLEACH, LIQUID, 5.25%1 GL. BOTTLE, *MSDS GL. $ 1.65 12-1380 DISINFECTANT,BUBBLEGUM 1 GL. BOTTLE, *MSDS GL. $ 5.50 12-1368 DISINFECTANT, WITH PINE OILl GL. BOTTLE, *MSDS* GL. $ 7.75 12-0915 CLEANER, GLASS, LIQUID1 GL. BTL., *MSDS* GL. $ 2.50 12-1845 LINER, LARGE, 40"X46", 1.5 MILLOW DENSITY, BLACK, 100/CS CS. $ 17.70 12-3299 TISSUE, TOILET, ROLL1210 SHEETS/ROLL, 80 RL/CS CS. $ 39.50 12-1186 COVER, TOILET SEAT, 112 FOLD20 PKGS OF 250 PER CS CS. $ 28.00 12-0452 NOZZLE, TRIGGERFOR PLASTIC BOTTLE EA. $ 0.50 12-0451 BOTTLE, PLASTIC, SPRAY24 OZ. CAPACITY EA. $ 0.50 12-1038 CLEANER, BOWL, CONCENTRATEACID FREE, 32 OZ. BTL. *MSDS* BTL. $ 2.60 12-1420 DISINFECTANT, AEROSOL, 19 OZ.LYSOL, *MSDS* CAN $ 6.16 12-1421 DISINFECTANT, AEROSOL, 19 OZ.CAN, "LYSOL" COUNTRY SCENT CAN $ 6.16 12-1302 CARTRIDGE KIT, WATERFREEURINAL, FALCON FS-1 EA. $ 41.94 Hand Tools 21-4304 SCREWDRIVER, STANDARD 4" SHANK, 1/4"TIP, STANLEY EA $ 1.45 21-6606 WRENCH, PIPE, 8" LENGTH, 1" CAPACITY, PROTO EA $ 3.40 21-6663 WRENCH, PIPE, 14" LENGTH, 2" CAPACITY, PROTO EA $ 6.40 21-6630 WRENCH, PIPE, 12" LENGTH, 2" CAPACITY, PROTO EA $ 7.40 21-6080 TAPE, MEASURING, 16" 3/4" WIDE EA $ 4.20 21-2370 HAMMER, MINI-SLEDGE, 3LB. CAULKING, WOOD HANDLE, AMES EA $ 9.95 21-3769 PLER, SLIP JOINT, 8", OLYMPIA EA $ 1.95 21-6465 WRENCH, PIPE, 6" LENGTH, 3/4" CAPACITY, PROTO EA $ 3.00 21-1060 BIT, DRILL, 1/16", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI EA $ 0.20 21-1086 BIT, DRILL, 7/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI EA $ 0.22 Hazardous Material 43-0156 HEERBICIDE, GRANULAR, QUICK-PRO BY ROUNDUP 6.8 LB. JUG JUG $ 88.00 43-2401 AQUATRON, FOR USE IN LAKES 25 LB PAIL PL $ 370.18 43-2402 WASTE AND SLUDGE REDUCER, 25 L 25 LB PAIL PL $ 321.10 43-0155 HEERBICIDE, LIQUID, ROUNDUP PRO, 2 112 GL BOTTLE BTL $ 82.52 43-0613 CLORINE TABLETS, CALCIUM HYPOCHLORITE, 5 LB CONTAINER BTL $ 20.38 25D-13 Hose/Rope 99-1370 HOSE, WATER, 3/4" X 50', CLEAR REINFORCED VINYL TUBING EA $ 40.63 99-1349 HOSE, WATER, 3/4" X 50', 150 PSI, COUPLED lEA $ 33.50 71-1101 ROPE, COTTON SASH, 5/16", #10 100' ROLLS FT $ 0.08 Paint 56-1738 PAINT, TRAFFIC,CURB,ENAMEL GLOSS, RED 5 GL. PAIL PL $ 92.63 56-1813 PAINT, TRAFFIC LINE, YELLOW, 5 GL. PAIL PL $ 73.13 56-1810 PAINT, TRAFFIC LINE, WHITE, 5 GL. PAIL PL $ 73.13 56-1654 PAINT, TRAFFIC LINE, BLACK, 5 GL. PAIL, WATER SASE PL $ 73.13 56-1431 PAINT, PRIMER, EXTERIOR, WHITE "MSDS", 5 GAL PAIL PL $ 84.38 56-1905 PAINT, SPRAY, ENAMEL GREEN 13 OZ. CAN, 6 CANS/BOX CAN $ 1.98 56-1901 PAINT, SPRAY, ENAMEL RED, 6 CANS/BOX CAN $ 1.98 56-1903 PAINT, SPRAY, ENAMEL, GLOSS BLACK 13 OZ. CAN, 6 CANS/BOX CAN $ 1.98 56-2030 PAINT, SPRAY, MARKING, BLUE 17 OZ. CAN, "MSDS" CAN $ 3.01 56-2025 PAINT, SPRAY, MARKING, WHITE 17 OZ. CAN, "MSDS" CAN $ 3.01 56-7970 COMPOUND, COLD GALVANIZED SPRAY, 20 OZ CAN, "MSDS", 6/BX CAN $ 6.79 4 25D-14 Exhibit A (Part 2) CATEGORY PART # DESCRIPTION MFG/BRAND UOM SPA Per Unit Price ABSORBENT 12-0105 ABSORBENT, GREASE, OIL & WATER 50 I.B. SACK,*MSDS* ABSORBSIT #5016 SAK $ 7.12 BLANKET 12-0253 BLANKET, PAPER, EMERG., YELLOW POLYBAGGED, 54" X 80", 40/CS SWIFT #55-1003 EA $ 4.70 BLEACH 12-0402 BLEACH, LIQUID, 5.25% 1 GL. BOTTLE, *MSDS* #52412 GL $ 1.63 BOTTLE 12-0451 BOTTLE, PLASTIC, SPRAY 24 OZ. CAPACITY WAXIE #890045C EA $ 0.46 NOZZLE 12-0452 NOZZLE, TRIGGER FOR PLASTIC BOTTLE WAXIE #890040C EA $ 0.39 BROOM 12-0501 BROOM, CORN, KITCHEN TYPE HEAVY DUTY CARLISLE #4135200 EA $ 5.50 BROOM 12-0535 BROOM, PUSH,STREET,PLASTIC BRISTLE,1611, TAPERED HANDLE CARLISLE #36111624, 3620125 EA $ 8.10 BRUSH 12-0618 BRUSH, NYLON, TOILET BOWL WAXIE #060400 EA $ 1.99 BROOM 12-0675 BROOM, GARAGE, 18" CARLISLE #3621931800, 4452670 EA $ 7.15 BRUSH 12-0709 BRUSH, SCRUB, HAND, 9" CARLISLE #3627602 EA $ 2.05 BRUSH 12-0733 BRUSH, UTILITY, PALMYRA FIBER, 20" CARLISLE #4549300 EA $ 3.65 CAN 12-0790 CAN, TRASH, GALVANIZED NO LID, 30 GALLON CAPACITY NOLL#31T W/O LID EA $ 23.30 CLEANER 12-0865 CLEANER, DEGREASER SIMPLE GREEN 1 GL BTL. *MSDS* #SMP 13005 GL $ 11.96 CLEANER 12-0915 CLEANER, GLASS, LIQUID 1 GL. BTL., *MSDS* SEECLEAR #3184 GL $ 2.45 CLEANER 12-0923 CLEANER, POWDER CONCENTRATE 27 OZ. BOX,SPIC 'N SPAN,*MSD5* #PGC 31973 BOX $ 7.85 CLEANER 12-0950 CLEANER, HAND, WATERLESS, 1 QT CONTAINER, 12/CS, MVP, *MSDS* ZEP #092703 EA $ 7.82 SANITIZER 12-0954 HAND SANITIZER, INSTANT ZEP HANDSTAND,PROD. A25001 ZEP A25001 DZ $ 56.86 SANITIZER 12-0955 HAND SANITIZER, 40Z. BTL. 24 BTL/CS *MSDS* ZEP #090812 CS $ 64.45 CLEANSER 12-1004 CLEANSER, 21 OZ. CAN, "AJAX" #CPC14278 AJAX CAN $ 0.92 CLEANER 12-1038 CLEANER, BOWL, CONCENTRATE ACID FREE, 32 OZ. BTL. *MSDS* O.C.C.S. NABC #38620 BTL $ 1.49 CLEANER 12-1129 CLEANER, OVEN, CONCENTRATED NON-AEROSOL, 1 GL. BTL., *MSDS O.C.C.S. STRIP OFF GL $ 4.16 COMPOUND 12-1137 COMPOUND, SWEEPING, 50 LB. BAG FOR CONCRETE ZIPO BASESWEEP BAG $ 14.58 COVER 12-1186 COVER, TOILET SEAT, 1/2 FOLD 20 PKGS OF 250 PER CS. PROTECTO #50RA, CS $ 31.30 COVERALLS 12-1194 COVERALLS, XXX-LARGE, WHITE ZIPPER FRONT, 25/CS. TYVEK ITEM #14125 CS $ 54.50 COVERALLS 12-1196 COVERALLS, X-LARGE, WHITE ZIPPER FRONT, 25/CS. TYVEK #14125 CS $ 64.60 CUP 12-1238 CUP, PAPER, HOT OR COLD, ENVIRO-FRENDLY, 8 OZ., 1000/CS BWK 8 HOTCUP CS $ 50.35 IGLOO 12-1242 COOLER, RUBBERMAID 5-GL. ORANGE WITH WHITE TOP # UA-RUB16851 EA $ 31.31 KIT 12-1302 CARTRIDGE KIT, WATERFREE URINAL, FALCON FS-1 #163500 EA $ 29.56 PINE GUARD 12-1368 DISINFECTANT, WITH PINE OIL 1 GL, BOTTLE, *MSDS* O.C.C.S. PINE 30 #12510 GL $ 3.38 DEODORANT 12-1380 DEODORANT, BUBBLEGUM 1 GL. BTL., *MSDS* GEN LABS #07323 GL $ 5.07 LYSOL 12-1420 DISINFECTANT, AEROSOL, 19 OZ. LYSOL, *MSDS* LYSOL CAN $ 5.98 LYSOL 12-1421 DISINFECTANT, AEROSOL, 19 OZ. CAN, "LYSOL" COUNTRY SCENT REC 74276 CN $ 5.98 DISINFECTA 12-1425 DISINFECTANT, BATHROOM CLEANER HEAVY-DUTY ACID, *MSDS* P.T.C. #8058 QT $ '2.54 HANDLE 12-1723 HANDLE AND FRAME, 60" WOOD, FOR 24 OZ. MOPHEAD PREMIER 40102 EA $ 5.75 LINER 12-1820 LINER, SMALL, 24'X23".6 MIL LOW DENSITY, CLEAR, 500/CS #2423SC CS $ 13.39 LINER 12-1835 LINER, MED., 30"X36", 1.5 MIL. LOW DENSITY, BLACK, 250/C5 #3036SB C5 $ 19.98 LINER 12-1845 LINER, LARGE, 40"X46", 1.5 MIL LOW DENSITY, BLACK, 100/CS #4046SB CS $ 14.60 LINER 12-1848 LINER, LARGE, 40"06",1.25 MIL LOW DENSITY, CLEAR, 100/CS #40406SC CS $ 19.60 NAPKIN 12-2143 NAPKIN, MAXI-PADS, #4 MODESS 250/CS MAXITHIN 092010 CS $ 33.89 NAPKIN 12-2176 NAPKIN, MAXI-PADS, #8 MODESS 250/CS NATURELLE 092020 CS $ 40.22 TAMPONS 12-2178 TAMPONS, TAMPEX, 500/CS TAMPEX 090100 CS $ 62.99 MOP 12-2242 MOP, (SWAB), TOILET BOWL #060430 EA $ 0.63 MOPHEAD 12-2416 MOPHEAD, REGULAR, COTTON 24 OZ. CARLISLE #369824-00 EA $ 3.60 POLISH 12-2640 POLISH, METAL, 15 OZ. SPRAY *MSDS* #2040 CAN $ 3.26 POLISH 12-2655 POLISH, FURNITURE, LEMON SPRAY 19 OZ., *MSDS* #2030 CAN $ 3.11 PROTECTANT 12-2701 PROTECTANT, REFILL WITH SILICON, 32 OZ. BTL., *MSDS* #1021 BTL $ 3.83 SEALER 12-2772 SEALER, FLOOR, FORTIFY JOHNSON, 5 GL. PAIL #SCJ-4663 PL $ 89.12 SEALER 12-2780 FINISH, FLOOR, COMPLETE JOHNSON, 5 GL. PAIL, *MSD5* JOHNSON PL $ 65.92 SOAP 12-2910 DETERGENT, DISHWASHING LIQUID 38 OZ. BTL., JOY 8/CS., *MSDS* PGC #45114 BTL $ 4.69 SOAP 12-2915 SOAP, HAND, LIQUID, "HONEY AND ALMOND", 1 GL BTL., 6 GL/CS. TBD OR EQUAL GL $ 10.05 SPONGE 12-3117 SPONGE, CELLULOSE 13/4" X 4 1/2" X 6" TRIPLE S 432050 EA $ 1.08 PAD 12-3118 SPONGE, SCRUBBING NYLON /CELLULOSE, 20/CS TRIPLE S 430105 C5 $ 12.13 DETERGENT 12-3119 DETERGENT, DISHWASHER, POWDER CASCADE, 6/CASE, *MSDS* PGC 34953 Box $ 6.99 TISSUE 12-3299 TISSUE, TOILET, ROLL 1210 SHEETS/ROLL, 80 RL/CS KC #5102 CS $ 46.38 TOWEL 12-3448 TOWEL, PAPER, MULTIFOLD 334 TOWELS/PKG, 12 PKG/CS GP #20389 (NO SUBSTITUTES) CS $ 21.35 TOWEL 12-3463 TOWEL, SINGLEFOLD, BLEACHED 250/PKG, 16 PKG/CS KC #01700 C5 $ 22.68 SPRAY BUFF 12-3685 SPRAY BUFF, SNAPBACK JOHNSONS, 1 GL. BOTTLE #SCJ-4116 GL $ 1915 STRIPPER 12-3687 STRIPPER, WAX, FREEDOM JOHNSON, 1 GL. BTL., 4 GAL/CS #SCJ-4609 GL $ 22.24 WIPERS 12-3690 WIPERS, WHITE, "RAG ON A ROLL" 19.5"X275", 6 ROLLS/CASE KC SCOTT #35421 CS $ 81.60 TERI-TOWEL 12-3700 WIPES, TERI-TOWEL 12-1/2"X14-2/5" KC SCOTT WYP-ALL #5701 C5 $ 42.35 25D-15 CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price FILM 12-4001 FILM, STRETCH WRAP 20" X 1000' 80 GAUGE, 4 RLS/CASE, CLEAR TBD OR EQUAL RL $ 13.24 PAD 12-6001 PAD, FLOOR, DISC 20" DIAMETER RED, 5 PADS/CS 3M #260850, (NO SUBS.), 37812 0 CS $ 19.11 PAD 12-6002 PAD, FLOOR, DISC 20" DIAMETER WHITE, 5 PADS/CS 3M #261350, (NO SUBS.), 37822 0 CS $ 19.17 PAD 12-6003 PAD, FLOOR, DISC 20" DIAMETER BLACK, 5 PADS/CS 3M #260150, (NO SUBS.), 378020 , CS $ 19.38 CAP 15-0623 CAP, SAFETY, HARD HAT W/RATCHET, WHITE ERB 1119151 EA $ 11.10 CAP 15-0627 CAP, SAFETY, HARD HAT W/RATCHET, FULL BRIM, WHITE ERB #19501 FA $ 14.30 CAP 15-0633 CAP, SAFETY, HARD HAT W/RATCHET, BLUE ERB #19956 EA $ 11.10 CAP 15-0637 CAP, SAFETY, HARD HAT W/RATCHET, FULL BRIM, BLUE ERB 0199506 EA $ 14.30 CAP 15-0643 CAP, SAFETY, HARD HAT W/RATCHET, ORANGE ERB #19953 EA $ 19.30 CARTRIDGE 15-0771 FILTER CARTRIDGE, FOR ORGANIC VAPORS, 2/PK NORTH #N75001 EA $ 7.23 COVER 15-0772 COVER, FILTER, FOR RESPIRATOR NORTH #N750027 EA $ 1.50 FILTER 15-0774 FILTER, REPLACEMENT, FOR PAINT LACQUER, ENAMEL, PESTICIDE NORTH #N7506N95, 100/BX EA $ 8.60 GLOVES 15-0806 GLOVES, G-TEK, SIZE - M PIP 34-876-M MAXI FLEX 11134-876 CS $ 421.82 GLOVES 15-0810 GLOVES, G-TEK, SIZE - XL PIP 34-876-X-LARGE MAXI FLEX 111 34-876 CS $ 421.82 GLOVE 15-0901 GLOVE, BILK NEOPRENE 12", USE W/CHEMICALS LIBERTY #9532 OR EQUAL PR $ 4.90 GLOVE 15-0953 GLOVE, STD COTTON CANVAS LIBERTY #4501Q OR EQUAL PR $ 0.45 GLOVES 15-1002 GLOVES, STD GRAIN COWHIDE DRIVER, LARGE LIBERTY #6130 L PR $ 3.95 GLOVES 15-1003 GLOVES, STD GRAIN COWHIDE DRIVER, X-LARGE LIBERTY #6130 XL DZ $ 47.40 GLOVES 15-1004 GLOVES, STD GRAIN COWHIDE DRIVER, MEDIUM LIBERTY #6130 M DZ $ 47.40 GLOVES 15-1116 GLOVES, DISP., NITRILE, 4 MIL MICRO TEXTURED, SML, 100/BX LIBERTY #F2010WC SMALL BOX $ 6.26 GLOVES 15-1118 GLOVES, DISP., NITRILE, 4 MIL MICRO TEXTURED, MED, 100/BX LIBERTY #F2010WC MEDIUM BOX $ 6.26 GLOVES 15-1120 GLOVES, DISP., NITRILE, 4 MIL MICRO TEXTURED, LRG, 100/BX LIBERTY #F2010WC L BOX $ 6.26 GLOVES 15-1122 GLOVES, DISP., NITRILE, 4 MIL MICRO TEXTURED, X-LRG, 100/BX LIBERTY #F2010WC-X-LARGE BOX $ 6.26 GLASSES 15-1205 GLASSES, SAFETY - DUOFLEX BLAC FRAME W/UD AND CLEAR LENS UVEX ASTROSPEC 3000 #S1359, # PR $ 4.71 GLASSES 15-1210 GLASSES, SAFETY - BLACK FRAME W/ CLEAR LENS, LID UVEX BANDIDO 51730, #150970 PR $ 2.83 MASK 15-1610 MASK, RESPIRATOR, DUST & MIST 20/BOX 3M #8210 EA $ 0.65 RESPIRATOR 15-1640 RESPIRATOR, FACEPIECE, LARGE 12/CS NORTH #770030L EA $ 19.07 EAR PLUG 15-1668 EAR PLUG, HEARING PROTECTOR W/ BLUE CORD 22DB RATING, 10/PK CABOFLEX 600, #3202001 EA $ 4.78 EAR PLUG 15-1669 EAR PLUG, SPONGE TYPE, 31DB RATING, 200 PAIR/BOX MOLDEX PURA-FIT #6800 PR $ 0.11 PROTECTOR 15-1670 PROTECTOR, HEARING, EARMUFF 25 OB, 3-POS. HOWARD LEIGHT QM24+ QUIET EA $ 5.95 OVERALLS 15-1671 OVERALLS, XXLARGE, BIB W/FLY RAINWEAR, PVC/NYLON/PVC RIVER CITY CYCLONE#400BP EA $ 9.56 JACKET 15-1678 JACKET W/DETACHABLE HOOD, LRG RAINWEAR, PVC/NYLON/PVC RIVER CITY CYCLONE #4001 EA $ 11.69 JACKET 15-1680 JACKET W/DETACHABLE HOOD XX-LRG, RAINWEAR, YELLOW RIVER CITY CYCLONE #4001 EA $ 12.49 OVERALLS 15-1682 OVERALLS, BIB W/FLY, XXXLARGE RAINWEAR, PVC/NYLON/PVC RIVER CITY CYCLONE #400BP EA $ 12.49 SHEETING 15-1691 SHEETING, POLYETHYLENE 12' X 100',.004 THICK KNOX #842-412/WEATHER-ALL # RL $ 32.65 VEST 15-1930 VEST, SAFETY, XL, LIGHTWEIGHT W/REFLECTIVE STRIPES RIVER CITY #RCR V211SR-XL EA $ 4.00 VEST 15-1932 VEST, SAFETY, XXL, LIGHTWEIGHT W/REFLECTIVE STRIPES RIVER CITY #RCR V211SR-XXL EA $ 4.00 BLADE 21-0146 BLADE, HACKSAW, 12" 18 TEETH/INCH, HI-SPEED, MORSE MORSE OR EQUAL EA $ 0.75 BLADE 21-0200 BLADE, CUT-OFF, 12" DIAMETER X 5/32" X 1" ARBOR, Cl PIPE MORSE OR EQUAL EA $ 3.95 BLADE 21-0201 PREMIUM CONCRETE DIAMOND BLADE SEGMENT DIA 14 X WIDTH 125 X P/N STA14125 EA $ 125.00 CUTTER 21-0575 CUTTER, TUBING, #20,5/8" TO 2 1/8" O.D. #RIDGID EA $ 53.40 CUTTER 21-0600 CUTTER, PVC, PIPE 1/8" -11/2" GRAINGER# 2DPH3 RIDGID #RC1625 EA $ 65.61 BIT 21-1060 BIT, DRILL, 1/16", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140-100E104 EA $ 0.28 BIT 21-1086 BIT, DRILL, 7/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.26 BIT 21-1094 BIT, DRILL, 3/32", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.24 BIT 21-1102 BIT, DRILL, 1/8", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.25 BIT 21-1128 BIT, DRILL, 9/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.28 BIT 21-1136 BIT, DRILL, 5/32", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.28 BIT 21-1144 BIT, DRILL, 11/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.31 BIT 21-1169 BIT, DRILL, 3/16", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.33 BIT 21-1177 BIT, DRILL, 13/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.38 BIT 21-1185 BIT, DRILL, 7/32", HIGH SPEED STRAIGHTSHANK, CLELINE/NACHI DR140- EA $ 0.40 BIT 21-1201 BIT, DRILL, 1/4", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.48 BIT 21-1235 BIT, DRILL, 15/6411, HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.45 BIT 21-1250 BIT, DRILL, 17/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.57 BIT 21-1276 BIT, DRILL, 19/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 0.69 BIT 21-1284 IT, DRILL, 21/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI D R140- EA $ 0.83 BIT 21 1300 BIT, DRILL, 25/64", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI D R140- EA $ 1.23 25D-16 CATEGORY PART # DESCRIPTION MFG/BRAND UOM SPA Per Unit Price BIT 21-1342 BIT, DRILL, 3/8", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 1.08 BIT 21-1383 BIT, DRILL, 7/16", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 1.45 BIT 21-1425 BIT, DRILL, 1/2", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 1.90 BIT 21-1540 BIT, DRILL, 7/8", HIGH SPEED STRAIGHT SHANK, CLELINE/NACHI DR140- EA $ 6.95 GUN 21-2175 GUN, GREASE, HAND PUMP, PISTOL GRIP TYPE, 14 112 OZ. CARTRIDG LINCOLN 1133 EA $ 40.40 GUN 21-2180 GUN, CAULKING DISPENSER GRAINGER# 5F569 NEWBORO #111 EA $ 3.59 HAMMER 21-2233 HAMMER, BALL PEEN, 480Z., 16" WOODEN HANDLE, STANLEY, CO STANLEY EA $ 12.65 HAMMER 21-2370 HAMMER, MINI-SLEDGE, 3 LB. CAULKING, WOOD HANDLE, AMES STA95-56-703 EA $ 16.65 KNIFE 21-2901 KNIFE, UTILITY, RETRACTABLE GRAINGER# 1YJC8 STANLEY #10-099 EA $ 3.86 BLADE 21-2902 BLADE, REFILL, UTILITY KNIFE GRAINGER# SC949 STANLEY PKG $ 1.33 SCRAPER 21-2904 SCRAPER, GLASS, RETRACT, BLADE GRAINGER# 6R029 HYDE EA $ 1.39 BLADE 21-2905 BLADE, REPLACEMENT, PVC PIPE GRAINGER# 2DPH4 RIDGID #92170 ONLY EA $ 12.30 BLADE 21-2906 BLADE, SINGLE EDGE, 100/PKG GRAINGER#4A807 AMERICAN SAFETY EA $ 3.39 STRIPPER 21-2908 WALL STRIPPER, WIDE BLADE, 12" HANDLE, GRAINGER# 2RMZ3 HYDE EA $ 12.90 BLADE 21-2910 BLADE, REPLACEMENT,FOR SCRAPER GRAINGER# 3U447 HYDE #33170 PKG $ 35.24 LEVEL 21-3272 LEVEL, TORPEDO, READ PLUMB/45 DEG/TOPREADING VIALS, OLYMPIA JOH55-850DM EA $ 5.35 PICK 21-3490 PICK, ICE, 4", SQUARE HANDLE STA65-69-122 STANLEY# 69-122 EA $ 4.40 PLIER 21-3745 FLIER, CHANNELOCK, 11/2" CAPACITY, 9 1/2" LONG WILLIAMS EA $ 5.90 PLIER 21-3769 PLIER, SLIP JOINT, 8", OLYMPIA JSP60-140926 OLYMPIA EA $ 4.68 PLIER 21-3819 PLIER, DIAGONAL CUTTING, 7" OLYMPIA OLYMPIA EA $ 4.65 PLIERS 21-3825 PLIERS, NEEDLE NOSE, 6 7/8" LONG, VINYL GRIP, OLYMPIA JSP60-140917 EA $ 4.60 PUNCH 21-3830 PUNCH, DRIFT PIN, 6 1/2" LONG 47-7/16" X 7/32" HEX SIZ PROTO, STA65-47-7/16X7/32 EA $ 6.80 RAKE 21-3942 RAKE, LEAF, "FLEXIBLE", 25 TINES, 18" SPREAD, 48" HANDLE FLEXRAKE 1W EA $ 9.92 SAW 21-4163 SAW, TREE, HAND,20IN LONG 4 1/2 TEETH/INCH CORONA #PS-4081,COR50-PS408 EA $ 61.60 KNIFE 21-4170 KNIFE, PUTTY, 2", SCRAPER HAN10-2014TV HYDE EA $ 2.75 SCREWDRIVE 21-4304 SCREWDRIVER, STANDARD 4" SHANK, 1/4" TIP, STANLEY #2550-50, STA65-66-174 EA $ 5.00 SCREWDRIVE 21-4312 SCREWDRIVER, PHILLIPS, #13" LONG, 3/16" TIP, STANLEY #2550-5348 EA $ 3.15 SCREWDRIVE 21-4320 SCREWDRIVER, PHILLIPS, #2 4" LONG BLADE, STANLEY #2550-5335 EA $ 1.40 SCREWDRIVE 21-4361 SCREWDRIVER, STANDARD 10" SHANK, 3/8" TIP, STANLEY #2550-5231 EA $ 3.60 SHEARS 21-4379 SHEARS, LOPPING, 32", STEEL HANDLED, W/HAND GRIPS, UNION UNION EA $ 39.50 SHEARS 21-4395 SHEARS, HEDGE, 8" BLADES, 21" OVERALL LENGTH, UNION, GS6750 UNION EA $ 19.49 SHEARS 21-4403 SHEARS, 1-INCH CAPACITY Vinyl Coated Steel Handles CORONA BP3180 EA $ 18.56 SHOVEL 21-4411 SHOVEL, ROUND POINT, 8 3/4" X 14",RAZORBACK,SI7E #2 OR EQUAL #1321-1511 EA $ 16.64 SHOVEL 21-4445 SHOVEL, SQUARE POINT, 9 3/4" X 113/411, RAZOR BACK,SIZE 2/EQUAL #1320-5018 EA $ 16.64 SCOOP 21-4486 SCOOP, ALUMINUM, 14" X 18" 27" D HANDLE, AMES, 71 AMES EA $ 32.51 HAMMER 21-4528 HAMMER, SLEDGE, 8 LB UNION W/35" WOOD HANDLE UNION OR EQUAL EA $ 17.76 HAMMER 21-4551 HAMMER, SLEDGE, 12 LB UNION W/35" WOOD HANDLE UNION OR EQUAL EA $ 23.93 TAP 21-5434 TAP, 1/4"-20, TAPER, NATIONAL COARSE, CLELINE OR NACHI DR140-20E116CT EA $ 3.50 TAPE 21-6077 TAPE, MEASURING, 25', 1" WIDE, ENGINEERS SCALE KOMELON EA $ 8.10 TAPE 21-6078 TAPE, MEASURING, 25', 1" WIDE #2733-0018, KOMELON EA $ 6.00 TAPE 21-6080 TAPE, MEASURING, 16' 3/4" WIDE #2733-2253, KOMELON EA $ 5.40 TAPE 21-6093 TAPE, MEASURING, 100' LONG X 1/2" WIDE, FIBERGLASS #2733-0687, KOMELON EA $ 13.00 TROWEL 21-6176 TROWEL, GARDEN, 5" HANDLE GRAINGER# 2WE73 CORONA #92 OR EQUAL EA $ 13.06 WHEEL 21-6325 WHEEL, CUTTER,FOR DUCTILE ]RON & CAST IRON PIPE,SIZE H16,4/BX RIDGID EA $ 16.30 WHEEL 21-6330 WHEEL, CUTTER, #15, #20 #20 FOR RIDGID WHEEL CUTTER RIDGID #33160 ONLY EA $ 4.10 WRENCH 21-6465 WRENCH, ADJUSTABLE, 6" 3/4" OPENING, PROTO JSP10-140911 EA $ 5.25 WRENCH 21-6499 WRENCH, ADJUSTABLE, 8" 1" OPENING, PROTO PROTO EA $ 53S BANDAGE 30-0269 BANDAGE, PLASTIC, ADHESIVE 3/4" X 3", 100 STRIPS/BX FA-6155 BOX $ 2.88 CREAM 30-0368 CREAM, ANTISEPTIC, FIRST AID (2) PACK FOIL SWIFT #15-1020 BOX $ 3.25 BANDAGE 30-0400 BANDAGE, COMPRESS, STERILE NON-ADHERENT, 2" X 2", 4/BX SWIFT 435-142TC BOX $ 2.73 BANDAGE 30-0459 BANDAGE, COMPRESS, STERILE NON-ADHERENT, 4" X 4", 1/BX SWIFT #35-144TC BOX $ 1.40 ICE PACK 30-0600 ICE PACK, COLD, INSTANT APPROX. 5-1/4 X 4-1/2, 1/BX NORTH #02-06-67 EA $ 1.16 TAPE 30-1168 TAPE, ADHESIVE, FIRST AID WATERPROOF, 1" X 10 YD SWIFT #2-1-3146 RL $ 2.55 OINTMENT 30-1200 MEDICATED FIRST AID SPRAY 3 OZ. SPRAY CAN SWIFT#15-1019 CAN $ 2.56 SPRAY 30-1202 STERIS COVERAGE SPRAY HB 22 OZ. #162477 CS $ 62.50 HYDROGEN 30-1205 HYDROGEN PEROXIDE, ANTI- BACTERIAL,CLEANSING,16 OZ BTL SWIFT #15-0969 8TL $ 1.07 EYE WASH 30-1216 EYE WASH, FIRST AID TREATMENT STERILE, 4OZ. BOTTLE SWIFT BTL $ 3.72 SUNSCREEN 30-1250 TOWELETTE, SUNSCREEN 50 PKTS/BOX NO-122000X BX $ 24.29 HERBICIDE, 43-0155 HERBICIDE, LIQUID, ROUND-UP PROMAX, 1.67 GALLON BOTTLE GLYPHOSATE BTL $ 55.95 HERBICIDE, 43-0156 HERBICIDE, GRANULAR, QUIK-PRO BY ROUNDUP 6.8 LB. JUG QUICKPRO JUG $ 64.60 CHLORINE 43-0613 CHLORINE TABLETS, CALCIUM HYPOCHLORITE, 5 LB CONTAINER OLIN HTH OR EQUAL BTL $ 24.50 25D-17 CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price INSECTICID 43-0620 INSECTICIDE, DE-BUG,KILLS ANTS ROACHES, 32 OZ CONTAINER,12/CS #32333 BTL $ 16.28 CHEMICAL 43-2353 AQUAMARK, POWDER, WTR.SHADING & COLORING AGENT, 1 LB PKG AQUAMARK BX $ 189.00 BUSHING 49-0532 BUSHING, 3/4" X 1/4", BRASS MERIT OR EQUAL EA $ 4.04 BUSHING 49-0540 BUSHING, 11/4" X 3/4", BRASS MERIT OR EQUAL EA $ 6.73 BUSHING 49-0S6S BUSHING, 1" X 3/4", BRASS MERIT OR EQUAL EA $ 5.63 BUSHING 49-0599 BUSHING, 11/2" X 1", BRASS MERIT OR EQUAL EA $ 4.64 BUSHING 49-0623 BUSHING, 2" X 3/4", BRASS MERIT OR EQUAL EA $ 17.25 BUSHING 49-0656 BUSHING, 2" X 1", BRASS MERIT OR EQUAL EA $ 17.25 BUSHING 49-0680 BUSHING, 2" X 11/2", BRASS MERIT OR EQUAL EA $ 14.99 BUSHING 49-0750 BUSHING, 2" X I", BRASS CS THREAD X CS THREAD MERIT OR EQUAL EA $ 22.80 COUPLING 49-0813 COUPLING, 3/4", FPT, BRASS MERIT OR EQUAL EA $ 5.63 COUPLING 49-0854 COUPLING, 11/2", FPT, BRASS MERIT OR EQUAL EA $ 12.73 COUPLING 49-0862 COUPLING, 2", FPT, BRASS MERIT BRASS EA $ 20.96 ELBOW 49-1316 ELBOW, 90 DEG., 3/4", FPT BRASS MERIT OR EQUAL EA $ 2.52 ELBOW 49-1340 ELBOW, 90 DEG., 1", FPT, BRASS MERIT BRASS EA $ 8.53 NIPPLE 49-2116 NIPPLE, 3/4" X CLOSE, BRASS MERIT OR EQUAL EA $ 3.00 NIPPLE 49-2140 NIPPLE, 3/4" X 2", BRASS MERIT OR EQUAL EA $ 2.21 NIPPLE 49-2165 NIPPLE, 3/4" X 3", BRASS MERIT OR EQUAL EA $ 4.95 NIPPLE 49-2180 NIPPLE, 3/4" X 6", BRASS MERIT OR EQUAL EA $ 8.00 NIPPLE 49-2207 NIPPLE, 1" X CLOSE, BRASS MERIT OR EQUAL EA $ 2.95 NIPPLE 49-2231 NIPPLE, 1" X 6", BRASS MERIT OR EQUAL EA $ 10.00 NIPPLE 49-2250 NIPPLE, 11/4"XCLOSE, BRASS MERIT OR EQUAL EA $ 3.84 NIPPLE 49-2264 NIPPLE, 1 1/2" X CLOSE, BRASS MERIT OR EQUAL EA $ 4.67 NIPPLE 49-2272 NIPPLE, 1 1/2" X 3", BRASS E . A. GRAY EA $ 7.38 NIPPLE 49-2298 NIPPLE, 1 1/2" X 4", BRASS MERIT OR EQUAL EA $ 7.75 NIPPLE 49-2389 NIPPLE, 2" X CLOSE, BRASS MERIT OR EQUAL EA $ 7.60 NIPPLE 49-2413 NIPPLE, 2" X 4", BRASS MERIT OR EQUAL EA $ 15.00 NIPPLE 49-2470 NIPPLE, 2" X 8", BRASS MERIT OR EQUAL EA $ 25.00 PLUG 49-2792 PLUG, SQUARE HEAD, 2", BRASS CS TAPERED THREAD MUELLER #H-10033 EA $ 11.61 PLUG 49-2862 PLUG, SQUARE HEAD, 1" BRASS, IPT MUELLER OR EQUAL EA $ 5.63 PLUG 49-2868 PLUG, SQUARE HEAD, CORED, 2" BRASS, IPT MUELLER OR EQUAL EA $ 9.25 REDUCER 49-3000 REDUCER, BELL, 2" X 11/2" BRASS, FPT X FPT MUELLER OR EQUAL EA $ 26.70 HOSE BIBB 49-3800 HOSE BIBB, 1/2", BRASS, MALE IPT X MHT, TEE HANDLE MUELLER 103-003, KNOX #859-10 EA $ 10.00 HOSE BIBB 49-3850 HOSE BIBB, 3/4", BRASS, MALE IPT X MHT, TEE HANDLE MUE50-103-004 EA $ 3.75 VALVE 49-4385 VALVE, GARDEN, 3/4", BENT NOSE WITH LOOSE KEY AQUALINE EA $ 11.00 VALVE 49-4419 VALVE, GARDEN, 3/4", BENT NOSE WITH C.I. HAND WHEEL AQUALINE EA $ 4.97 VALVE 49-4870 VALVE, BALL, BRASS, 1/2" FEMALE IPTX FEMALE IPT AQUALINE EA $ 5.40 VALVE 49-4872 VALVE, BALL, BRASS, 3/4" FEMALE IPT X FEMALE IPT, AQUALINE EA $ 7,90 VALVE 49-4874 VALVE, BALL, BRASS, 1" FEMALE IPT X FEMALE IPT AQUALINE EA $ 12.80 VALVE 49-4880 VALVE, BALL, BRASS, 1112" FEMALE IPT X FEMALE IPT AQUALINE EA $ 55.00 VALVE 49-4882 VALVE, BALL, BRASS, 2" FEMALE IPT X FEMALE IPT AQUALINE EA $ 60.00 ADAPTER 50-0140 ADAPTER, 3/4", FPT X SLIP PVC SCH. #40 LASCO EA $ 0.25 ADAPTER SO-0170 ADAPTER, 1" X 3/4", REDUCING MPT X SLIP, PVC SCH. #40 LASCO EA $ 0.90 ADAPTER 50-0175 ADAPTER, 11/2", MPT X SLIP PVC SCH #40 LAS10-436-015 EA $ 0.46 ADAPTER 50-0199 ADAPTER, 1/2", MPT X SLIP PVC SCH 1740 LASCO EA $ 0.15 CAP 50-1015 CAP, 3/4", SLIP, PVC SCH #40 DURA EA $ 0.12 CAP 50-1049 CAP, 2", SLIP, PVC SCH #40 LASCO EA $ 0.50 COUPLING 50-1051 COUPLING, HOSE, 3/4" MHT X 3/4" FPT, GRAINGER# 4KG84 EQUAL EA $ 3.75 COUPLING 50-1064 COUPLING, COMPRESSION, 1/2" PVC PROFLO EA $ 1.57 COUPLING 50-1072 COUPLING, COMPRESSION, 3/4" PVC PROFLO EA $ 3.27 COUPLING 50-1106 COUPLING, STRAIGHT, 1/2" SLIP X SLIP, PVC SCH #40 PROFLO EA $ 0.10 COUPLING 50-1114 COUPLING, STRAIGHT, 3/4" SLIP X SLIP, PVC SCH 440 CHARLOTTE EA $ 0.14 COUPLING 50-1122 COUPLING, STRAIGHT, 1" SLIP X SLIP, PVC SCH #40 TBD OR EQUAL EA $ 0.25 COUPLING 50-1130 COUPLING, STRAIGHT, 11/2" SLIP X SLIP, PVC SCH #40 TBD OR EQUAL EA $ 0.40 COUPLING 50-1148 COUPLING, STRAIGHT, 2" SLIP X SLIP, PVC SCH #40 TBD OR EQUAL EA $ 0.57 COUPLING 50-1315 COUPLING, REPAIR, 1" NIBCO "SLIP FIX" ONLY!, PVC TBD OR EQUAL EA $ 4.27 COUPLING 50-1317 COUPLING, REPAIR, 11/4" NIBCO SLIP FIX, PVC TBD OR EQUAL EA $ 4.27 COUPLING 50-1320 COUPLING, REPAIR, 11/2" NISCO SLIP FIX, PVC T BOOR EQUAL EA $ 4.80 ELBOW 50-2070 ELBOW, 90 DEG., 1" SLIP X SLIP, PVC SCH #40 T BD OR EQUAL EA $ 0.26 ELBOW 50-2096 ELBOW, 90 DEG., 1112" SLIP X SLIP, PVC SCH #40 T BD OR EQUAL EA $ 4.75 ELBOW 50-2153 ELBOW, 90 DEG., 3/4" FPT X SLIP, PVC SCH #40, T BD OR EQUAL EA $ 0.26 25Q-18 CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price SPRINKLER 50-2311 SPRINKLER, POP UP, 1/2", BRASS HALF CIRCLE SPRAY CHAMPION 18.SH EA $ 3.50 NIPPLE 50-2542 NIPPLE, 3/4" X 4" PVC SCH #80 TBD OR EQUAL EA $ 0.22 NOZZLE 50-2805 NOZZLE, HOSE, 3/4" X 4" LONG BRASS DIXON BTN75 EA $ 3.20 NOZZLE 50-2810 NOZZLE, HOSE, TRIGGER TRI11-C125 EA $ 19.00 PIPE 50-3003 PIPE, 112" X 20' LONG BELLED END, PVC SCH #40 TBD OR EQUAL FT $ 0.19 PIPE 50-3011 PIPE, 3/4" X 20' LONG BELLED END, PVC SCH #40 TBD OR EQUAL FT $ 0.25 BUSHING 50-3227 BUSHING, 1" X 3/4" SLIP X SLIP, PVC SCH #40 TBD OR EQUAL EA $ 0.31 BUSHING 50-3268 BUSHING, 1" X 3/4" MALE SLIP X FPT, PVC SCH #40 TBD OR EQUAL EA $ 0.43 BUSHING 50-3276 BUSHING, 3/4" X 1/2" MALE SLIP X FPT, PVC SCH #40 TBD OR EQUAL EA $ 0.26 TEE 50-3516 TEE, 3/4" X 3/4", SLIP X SLIP X SLIP, PVC SCH #40 DURA EA $ 0.17 TEE 50-3607 TEE, 112" X 1/2", SLIP X SLIP X FPT, PVC SCH #40 TBD OR EQUAL EA $ 0.20 CEMENT 50-4002 CEMENT, PVC, GRAY, 1 PINT CAN WITH APPLICATOR IPS WELD ON CAN $ 9.00 PRIMER 50-4004 PRIMER, PVC, PURPLE, 1 PINT CAN WITH APPLICATOR IPS WELD-ON #P-70 CAN $ 8.30 BUSHING 51-1204 BUSHING, HEX HEAD, 3" X 2" GALVANIZED, IGBMK TBD OR EQUAL EA $ 7.41 COUPLING 51-1873 COUPLING, 1/2", FPT GALVANIZED TBD OR EQUAL EA $ 0.71 COUPLING 51-2020 COUPLING, 2", FPT GALVANIZED TBD OR EQUAL EA $ 3.06 ELBOW 51-2855 ELBOW, 45 DEG., 2", FPT GALVANIZED TBD OR EQUAL EA $ 6.61 ELBOW 51-3218 ELBOW, 90 DEG., 2", FPT GALVANIZED, IG9K TBD OR EQUAL EA $ 5.28 NIPPLE 51-4968 NIPPLE, 11/4" X 3" GALVANIZED TBD OR EQUAL EA $ 1.43 NIPPLE 51-5205 NIPPLE, 11/2" X 8" GALVANIZED TBD OR EQUAL EA $ 4.56 PLUG 51-6294 PLUG, SQUARE HEAD, SOLID, 3/8" GALVANIZED MUE40-511-802TV EA $ 0.45 PLUG 51-6336 PLUG, SQUARE HEAD, CORED, 3/4" GALVANIZED TBD OR EQUAL EA $ 1.18 PLUG 51-6377 PLUG, SQUARE HEAD, CORED 1 1/4", GALVANIZED TBD OR EQUAL EA $ 2.00 UNION 51-7805 UNION, GROUND JOINT, 3/4" GALVANIZED TBD OR EQUAL EA $ 2.73 ANGLE STOP 51-7920 ANGLE CONTROL STOP,SCREW DRIVER 1", FOR TOILET SLOAN #H-600-A EA $ 43.00 ANGLE STOP 51-7925 CONTROL STOP REPAIR KIT ANGLE STOP KIT, 3/4 " SLOAN #H-543-A EA $ 8.19 ANGLE STOP 51-7930 CONTROL STOP REPAIR KIT ANGLE STOP KIT, 1" SLOAN EA $ 8.19 IGNITOR 52-0150 IGNITOR, FOR BALLASTS, W/ CC 125 CLAMP, ADVANCE ONLY ADVANCE# 1-1551-1-14 EA $ 59.50 BALLAST 52-0211 BALLAST, FOR 3 OR 4 LAMPS F32T8/CW, 277 V, X-L-ULTRA G.E #GE432-MA, 449709, NO SUB EA $ 18.50 BATTERY 52-0300 BATTERY, AAA CELL, ALKALINE 1.5 VOLT, AL24 #EN92 EA $ 0.25 BATTERY 52-0315 BATTERY, AA CELL, ALKALINE,1.5 VOLT, AL15 #EN91 EA $ 0.25 BATTERY 52-0320 BATTERY, C CELL, ALKALINE, 1.5 VOLT, AL14 #EN93 EA $ 0.49 BATTERY 52-0338 BATTERY, D CELL, ALKALINE, 1.5 VOLT, AL13 #EN95 EA $ 0.69 BATTERY 52-0346 BATTERY, 9 V CELL, 1"X2"X5/8" AL1604 #EN522 EA $ 0.97 BALLAST 52-0408 ELECTRONIC BALLAST, G. E-232- MAX-L/ULTRA 120 VOLT-277 VOLT #49707, G.E.ONLY NO SUBSTITUT EA $ 15.10 BATTERY 52-0452 BATTERY, 6 VOLT, LANTERN TYPE WITH SPRING TERMINALS, EZ90 EN90 EA $ 3.30 SUPPRESSOR 52-0475 SURGE SUPPRESSOR, 12 OUTLETS CIRCUIT BREAKER, W/SWITCH #PH130-373TV EA $ 29.69 FLASHLIGHT 52-2748 FLASHLIGHT, 2 CELL, INDUSTRIAL YELLOW, BRI33-2618HD YELLOW, BRI33-2618HD EA $ 3.80 FLASHLIGHT 52-2763 FLASHLIGHT, 3 CELL, INDUSTRIAL YELLOW, BRI33-2124 BRI33-2124 EA $ 7.40 LAMP 52-2998 LAMP, COMPACT FLUORESCENT, 32W PLUG IN TYPE SYLVANIA #CF32DT/E/IN/841 (20 EA $ 9.18 LAMP 52-3000 LAMP, COMPACT FLUORESCENT, 40W SCREW IN TYPE TCP #9M809 (28909) EA $ 4.25 LAMP 52-3002 LAMP, COMPACT FLUORESCENT, 75W SCREW IN TYPE TCP 1128918 EA $ 4.48 LAMP 52-3004 LAMP, COMPACT FLUORESCENT, 150W SCREW IN TYPE TCP #28942 EA $ 16.15 LAMP 52-3400 LAMP, COMPACT FLUORESCENT, 13W COOL WHITE SLI COMPARABLE TO PL-S13W/84 EA $ 2.45 LAMP 52-3410 LAMP, COMPACT FLUORESCENT, 26W SLI COMPARABLE TO #PL-C26W/2 EA $ 7.95 LAMP 52-3600 LAMP, T-8, 4-FT FLUORESCENT NO SUBSTITUTIONS G.E. #F32T8XL/SP41/IS/WM/ECO EA $ 6.12 LAMP 52-3650 LAMP, FLUORESCENT #F8T5/CW - SLI GE OR EQUAL EA $ 3.91 LAMP 52-3661 LAMP, FLUORESCENT SLI #F25T08-SP41 EA $ 438 LAMP 52-3685 LAMP, FLUORESCENT, 18W, 40/CS USHIO #PLC18W/35/4P EA $ 7.55 LAMP 52-3689 LAMP, FLUORESCENT, 4 PIN, 40W 22 1/2"L, COOL WHITE SYLVANIA #FT40DL/841/RS EA $ 7.80 LAMP 52-3690 LAMP, FLUORESCENT, WESTLITE 30R20/TC 60171 WESTLITE # 30R20/TC 60171 EA $ 5.10 LAMP 52-3702 FLUORESCENT LAMP, 4 PIN BIAX USHIO #F26DBX/SPX41/4P EA $ 3.05 LAMP 52-3803 LAMP, INCANDESCENT, 60 W, 120V ROUGH SERVICE, LIGHT BULB SYLVAN ]A #60A/RS EA $ 0.60 LAMP 52-3886 LAMP, FLOOD, CLEAR, 120W, 130V SYLVANIA #120BR38/FL DA1822A EA $ 2.50 LAMP S2-3944 LAMP, SPOT LIGHT, CLEAR, 150W 130 VOLT, PAR 38 SYLVANIA #150PAR38/SP EA $ 2.40 TAPE 52-5543 TAPE, ELECTRICAL, VINYL PLASTIC, 3/4" X 60-L 3M TEMFLEX #1700 R L $ 0.52 BRICK 53-0659 BRICK, RED, COMMON 8" STANDARD TBD OR EQUAL EA $ 0.34 LATH 54-0214 LATH; WOOD; FIR; (1112" X 24" LONG); 3/8" THICK; ROUGH; AAAAA BDL $ 17.25 LATH 54-0237 LATH, WOOD, FIR, 1112" X 48" 1/4" THICK, 50/BDL TBD OR EQUAL BDL $ 29.50 LUMBER 54-0353 LUMBER, FIR, 2" X 6" X 16' TRUCK SIDEBOARD TBD OR EQUAL EA $ 24.17 STAKE 54-2005 STAKE, WOOD, TREATED FIR 2" ROUND X 8' LONG, TREE TBD OR EQUAL EA $ 2.05 250-19 CATEGORY PART# DESCRIPTION MFG/BRAND SPA Per UOM Unit Price TIES 54-2105 TIES, TREE, 32", BLACK E-Z BANDS, CINCH TIE, 100/BDL TBD OR EQUAL EA $ 0.40 CLAMP 55-0301 CLAMP, HOSE, SIZE #10 RANGE 9/16" TO 13/8", 10/BX lOWGHCSS EA $ 0.40 HASP 55-0939 HASP, SAFETY, 4 1/2", GRAINGER# 4PE35 STANLEY EA $ 2.97 HOOK 55-1065 HOOK, S, NO. 120_375 WIRE DIA., FOR SWING SEATS CAMPBELL EA $ 0.41 HOOK 55-1085 HOOK, CHAIN GRAB, 5/16" W/BOLT & COTTER PIN ENDS PEERLESS EA $ 2.13 PADLOCK 55-1853 PADLOCK, COMBINATION, 4 WHEEL GRAINGER# 6JD54 MASTER #17SLH OR EQUAL EA $ 7.50 PADLOCK 55-1887 PADLOCK, KEYED, A-389 ONLY! 6/BX, TYPE 3KA # A-389 EA $ 5.60 PADLOCK 55-1898 PADLOCK, KEYED, A-389 ONLY! 6/BX, TYPE SKA, MASTER 4TO93 # A-389 EA $ 9.20 ROD SS-1903 ROD, ALL THREAD, 1/4"-20 X 36" LONG, ZINC PLATED, I.T.P. TBD OR EQUAL EA $ 1.70 ROD 55-2109 ROD, ALL THREAD, 1/2"-13 X 36" LONG, ZINC PLATED, I.T.P. TBD OR EQUAL EA $ 3.80 ROD 55-2125 ROD, ALL THREAD, S/8"-11 X 36" LONG, ZINC PLATED, I.T.P. TBD OR EQUAL EA $ 5.40 ROD 55-2133 ROD, ALL THREAD, 3/4"-10 X 36" LONG, ZINC PLATED, I.T.P. TBD OR EQUAL EA $ 8.25 BRUSH 56-0268 BRUSH, PAINT, 11/2", SLANTED NYLON BRISTLE KINZER EA $ 0.98 BRUSH 56-0292 BRUSH, PAINT, 2",NATURAL BRISTLE, DISPOSABLE KINZER EA $ 0.28 INK 56-0390 INK, STENCIL, BLACK, 12 OZ. SPRAY CAN, 12/CS, AERVOE AERVOF CAN $ 5.05 PAINT 56-0668 PAINT, NAVAJO WHITE, FLAT 5 GL. PAIL, DURASPRAY DURASPRAY OR EQUAL PL $ 39.79 PAINT 56-0698 PAINT, INDUSTRIAL GLOSS ENAMEL SAFETY YELLOW, 1 GAL. CAN VISTA # 5971 GL $ 26.95 PAINT 56-0767 PAINT, CAPE COD GRAY, GRAFFITI FLAT, S GAL. PAIL VISTA #3900 PL $ 39.79 PAINT 56-0770 PAINT, RUSTIC, GRAFFITI, FLAT 5 GAL. PAIL, DURASPRAY VISTA #3900 PL $ 39.79 PAINT 56-0771 PAINT, CONCRETE GRAY 5 GAL. PAIL, DURASPRAY VISTA #VP2-34539 PL $ 54.00 PAINT 56-0773 PAINT, O'BRIEN BROWN, GRAFFITI FLAT, 5 GL. PAIL VISTA #3900 PL $ 53.43 PAINT 56-0790 PAINT, INDUSTRIAL, WATER BASE ENAMEL, WHITE, S GALLON PAIL PREMA-GLOSS 7900 PL $ 132.50 PAINT 56-1431 PAINT, PRIMER, EXTERIOR, WHITE *MSDS*, S GAL PAIL VISTA# UNIPRIME II PL $ 98.00 PAINT 56-1654 PAINT, TRAFFIC LINE, BLACK 5 GAL. PAIL, WATER BASE VISTA OR EQUAL PL $ 49.25 PAINT 56-1901 PAINT, SPRAY, ENAMEL RED, 6 CANS/BX KRYLON #A04404 CAN $ 1.51 PAINT 56-1905 PAINT, SPRAY, ENAMEL GREEN 13 OZ. CAN, 6 CANS/BX KRYLON #A04408 CAN $ 1.51 PAINT 56-1944 PAINT, SPRAY, ENAMEL, WHITE 13 OZ. CAN, 6 CANS/BX KRYLON #A04401 CAN $ 1.51 PAINT 56-1977 PAINT, SPRAY, MARKING, 17 OZ. CAN, FLOURESCENT ORANGE,*MSDS* AERVOE #222 CAN $ 2.89 PAINT 56-2025 PAINT, SPRAY, MARKING, WHITE 17 OZ. CAN, *MSDS* AERVOE #207 CAN $ 2.95 PAINT 56-2030 PAINT, SPRAY, MARKING, BLUE 17 OZ. CAN, *MSDS* AERVOE 4203 CAN $ 3.03 ROLER COVR 56-2130 ROLLER COVER, 3" WIDE X 112" NAP, MULTI-PURPOSE COVER AEROVOE EA $ 0.65 COVER 56-2140 ROLLER COVER, 6 1/2" WIDE X 3/8" NAP, TIGHT SPOT AEROVOE EA $ 0.91 WIPES,ALCO 56-2353 POWER WYPES, HEAVY DUTY HAND WIPES, 90/C0, 6 CO/CS, *MSDS* #84-001 CNTR $ 23.32 TAPE 56-2421 TAPE, MASKING, MULTI-PURPOSE 3/4" X 60 YD, 48 RLS/CS TBD OR EQUAL RL $ 0.89 TAPE 56-2439 TAPE, MASKING, MULTI-PURPOSE 1" X 60 YD, 36 RLS/CS TBD OR EQUAL RL $ 1.11 TAPE 56-2447 TAPE, MASKING, MULTI-PURPOSE 2" X 60 YD, 24 RLS/CS TBD OR EQUAL RL $ 1.98 COMPOUND 56-7970 COMPOUND, COLD GALVANIZED SPRAY, 20OZ. CAN, *MSDS*,6/BX RUSTOLEUM #2185, RUS70-V21$ CAN $ 7.65 COMPOUND 56-7971 HIGH PERF. ENAMEL HUNTER GREEN SPRAY; 200Z. RUST#7538 AAAAA CAN $ 5.40 COMPOUND 56-7972 HIGH PERFORMANCE ENAMEL GLOSS BLACK SPRAY; 20 OZ. #7579 AAAAA CAN $ 5.51 COMPOUND 56-7973 HIGH PERFORMANCE ENAMEL; FLAT BROWN SPAY; 200Z. CAN; RUST- AAAAA CAN $ 5.51 BOLT 59-0703 BOLT, CARRIAGE, 5/16"-18 X S" ZINC PLATED, GRADE 5 TBD OR EQUAL EA $ 0.21 BOLT 59-0794 BOLT, CARRIAGE, 3/8"-16 X 2" ZINC PLATED, GRADE 5 TBD OR EQUAL EA $ 0.16 BOLT 59-0810 BOLT, CARRIAGE, 3/8"-16X 21/2", GRADE 5, ZINC PLATED MBCGZP38C250-5 EA $ 0.19 BOLT 59-0836 BOLT, CARRIAGE, 3/8"-16 X 3" COARSE THREAD, ZINC PLATED MBCGZP38C300 EA $ 0.23 BOLT 59-0877 BOLT, CARRIAGE, 3/8"-16 X 4" ZINC PLATED, GRADE 5 MBCGZP38C400 EA $ 0.23 BOLT 59-0900 BOLT, CARRIAGE, 3/8"-16 X 5" ZINC PLATED, GRADE 5 TBD OR EQUAL EA $ 0.28 BOLT 59-0943 BOLT, CARRIAGE, 3/8"-16 X 6" ZINC PLATED, GRADE 5 TBD OR EQUAL EA $ 0.31 BOLT 59-1461 BOLT, LAG, 1/4"- X 1112" ZINC PLATED, GRADE 2 TBD OR EQUAL EA $ 0.09 NUT 59-6000 NUT, HEX, FIN, 5/8-11, SILICON BRONZE IIHNFHSB63C EA $ 0.92 NUT 59-6452 NUT, 3/8"-16, HEXHEAD, COARSE THREAD, USS, ZINC PLATED HNFHZP38C EA $ 0.02 NUT 59-6551 NUT, 3/4"-10, HEXHEAD, COARSE THREAD, USS, ZINC PLATED HNFHZP75C EA $ 0.13 NUT 59-6577 NUT, 7/8"-9, HEXHEAD, COARSE THREAD, USS, ZINC PLATED TBD OR EQUAL EA $ 0.26 NUT 59-6858 NUT, 5/8"-11, HEXHEAD, COARSE THREAD, GRADE 316 S.S. HNFH3163C EA $ 0.47 BOLT 60-1872 BOLT, HEX, 5/8"-11 X2 112" LON COARSE THREAD, GRADE 316 S.S. HC3163C250 EA $ 1.45 BOLT 60-1873 BOLT, BREAK AWAY, 5/8" X 2 1/2 HEX, COARSE THREAD HCG2ZP63C250-BB EA $ 1.90 BOLT 60-2144 BOLT, 3/8"-16 X 1", HEX COARSE THREAD, ZINC PLATED T BD OR EQUAL EA $ 0.09 BOLT 60-2169 BOLT, 3/8"-16 X 11/2", HEX COARSE THREAD, ZINC PLATED T BD OR EQUAL EA $ 0.07 BOLT 60-2516 BOLT, 1/2"-13 X 2 1/2", HEX COARSE THREAD, ZINC PLATED HCG5ZP50C250 EA $ 0.24 BOLT 60-2979 BOLT, 3/4"-10 X 3", HEX COARSE THREAD, ZINC PLATED T BD OR EQUAL EA $ 0.56 BOLT 60-2987 BOLT, 3/4"-10 X 3 1/2", HEX COARSE THREAD, ZINC PLATED HCG2ZP75C3S0 FA $ 0.59 SCREW 60-4000 SCREW, HEX HD CAP 5/8-11 X 2 1/2 SILICON BRONZE, HCSB63C250 EA $ 2.86 256-20 CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price WASHER 60-6459 WASHER, FLAT, 1/4" ZINC PLATED FWUSZP25 EA $ 0.01 WASHER 60-6465 WASHER, FLAT, 5/16" ZINC PLATED TBD OR EQUAL EA $ 0.01 WASHER 60-6491 WASHER, FLAT, 3/811, USS ZINC PLATED FWUSZP38 EA $ 0.02 WASHER 60-6517 WASHER, FLAT, 7/16" ZINC PLATED TBD OR EQUAL EA $ 0.03 WASHER 60-6833 WASHER, LOCK, 3/8" ZINC PLATED SLMDZP38 EA $ 0.02 STEEL 69-0792 STEEL, ANGLE IRON,1/8"X 11/4" X 11/4", 1.01#/FT., 20.2#/LGH TBD OR EQUAL LB $ 0.75 STEEL 69-0818 STEEL, ANGLE IRON, 1/8"Xl 1/2" 11/2", 1.23 LB/FT;24.66LB/LGH TBD OR EQUAL LB $ 0.70 STEEL 69-0834 STEEL, ANGLE IRON, 1/8"X2"X2" 1.65#/FT- 33.#/LGH TBD OR EQUAL LB $ 0.68 STEEL 69-0859 STEEL, ANGLE IRON, 3/16"X1"X1" 1.16 LBS./FT.;23 LBS./LGH TBD OR EQUAL LB $ 0.73 STEEL 69-0891 STEEL, ANGLE IRON,3/16"Xl 1/2" X1 1/2", 1.8 LBS/FT;36 LBS/LGH TBD OR EQUAL LB $ 0.79 STEEL 69-0895 STEEL, ANGLE IRON, 3/16"X2"X2" 2.4375 LB/FT; 48.75 LB/LGH TBD OR EQUAL LB $ 0.82 STEEL 69-0958 STEEL, ANGLE IRON, 1/4"X2 1/4" X 11/4", 1.92#/FT 38.4011/LGH TBD OR EQUAL LB $ 0.76 STEEL 69-0990 STEEL, ANGLE IRON, 1/4"X2"X2" 3.19 LBS/FT;64 LBS/LGH TBD OR EQUAL LB $ 0.75 STEEL 69-1592 STEEL, FLAT, MILD, 1/8"X3/4".3188#/FT. 6.376#/LGH TBD OR EQUAL LB $ 0.74 STEEL 69-1618 STEEL, FLAT, 1/8"Xl"X20'.425#/FT. 8.5#/LGH. TBD OR EQUAL LB $ 0.92 STEEL 69-1634 STEEL, FLAT, MILD, 1/8"X1 1/4".5313#/FT. 10.626#/LGH TBD OR EQUAL LB $ 0.92 STEEL 69-1659 STEEL, FLAT, 1/8"X1 112", 20'.638 LBS./FT.;13 LBS./LGH TBD OR EQUAL LB $ 0.92 STEEL 69-1790 STEEL, FLAT, MILD, 3/1611X2" 1.275#/FT. 25.5#/LGH TBD OR EQUAL LB $ 0.84 STEEL 69-1816 STEEL, FLAT, MILD, 3/16"X3" 1.913#/FT. 38.26#/LGH TBD OR EQUAL LB $ 0.84 STEEL 69-1857 STEEL, FLAT, MILD, 1/4"Xl" .85#/FT. 17.00#/LGH TBD OR EQUAL LB $ 0.84 STEEL 69-1931 STEEL, FLAT, MILD,1/4"X 2 1/2" 2.125 LB/FT 42.5#/LGH TBD OR EQUAL LB $ 0.90 STEEL 69-1998 STEEL, FLAT, MILD, 3/8"X2" 2.55 LBS./FT.;51 LBS./LGH TBD OR EQUAL LB $ 0.79 STEEL 69-2350 STEEL, ROUND, COLD ROLLED 1/4". 167#/FT. 3.34#/LGH TBD OR EQUAL LB $ 1.33 STEEL 69-2368 STEEL, ROUND, COLD ROLLED 5/16",.261#/FT. 5.22#/LGH TBD OR EQUAL LB $ 1.33 STEEL 69-2376 STEEL, ROUND, COLD ROLLED 3/8", .376#/FT. 7.52#/LGH TBD OR EQUAL LB $ 1.33 STEEL 69-2700 STEEL,SQUARE TUBING HOT ROLLED (H.S.T.), PC 1 X 1 X.095,20' TBD OR EQUAL LB $ 0.83 ROPE 71-1101 ROPE, COTTON SASH, 5/16", #10 100' ROLLS M20-SC1010OST FT $ 0.13 WIRE 71-1812 WIRE, TIE, BLACK, ANNEALED 16 GAUGE, 385'/ROLL KNOX #751-416, PSS10-613TW01 RL $ 5.90 RING 72-0105 WEDDING RING, BRASS, 11/4" FOR STOCK #72-0110 FOR CS22-5, WR-S-NL EA $ 1.19 COUPLING 72-0110 ADAPTER, 1 1/4",COPPER SERVICE THREAD X 1" PACK JOINT COPPER AY MCDONALD #4755-22-1X125- EA $ 19.09 CORP STOP 72-0206 CORPORATION STOP, 1", MALE IPT X COPPER COMPRESSION 302NL-M4B4 EA $ 29.55 ANGLE STOP 72-0208 ANGLE METER STOP, 1", BRASS SWIVEL NUT X CU COMP.,1314258N P14258N EA $ 35.87 ANGLE STOP 72-0209 ANGLE METER STOP, 1", ANGLE KEY VALVE, PAD WING AY746033 EA $ 44.20 COUPLING 72-0210 COUPLING, STRAIGHT, BRASS, 1" F. COPPER THREAD X COPPER COMP FORD C04-44 EA $ 17.19 COUPLING 72-0214 COUPLING, 90 DEG, BRASS, 1" F. COPPER THREAD X COPPER COMP AY MCDONALD #4776-22 EA $ 20.15 CORP STOP 72-0215 CORPORATION STOP, BRASS, 1" MALE CST X COPPER COMPRESSION AY MCDONALD #4701-22 EA $ 29.55 BUSHING 72-0474 BUSHING, METER, 1" X 11/4" BRASS AY MCDONALD EA $ 5.79 CORP STOP 72-0490 CORPORATION STOP, 3/4", M. CS THREAD X CU FLARE FORD F600 EA $ 24.02 CORP STOP 72-0581 CORPORATION STOP, BRASS, 2" MALE CST X COPPER COMPRESSION AY MCDONALD #4701B-22 EA $ 156.40 CORP STOP 72-0760 CORPORATION STOP, 1", MALE IPT X COPPER FLARE MUEL.#15025/FORDF700-4/JONE EA $ 42.00 CORP STOP 72-0789 CORPORATION STOP, BRASS,1 112" MALE IPT X COPPER COMP AY MCDONALD #4704B-22 EA $ 84.35 COUPLING 72-0847 COUPLING, STRAIGHT, BRASS, 2" COPPER COMPRESSION BOTH SIDES 119NL-B7B7 EA $ 56.60 COUPLING 72-0888 COUPLING, METER, 3/4" X 2 1/2" LONG,M. IPT X SWIVEL NUT,BRASS 417NL-T3M3 EA $ 6.01 COUPLING 72-0912 COUPLING, METER,3/4" X 2" LONG MALE IPT X SWIVEL NUT, BRASS 417NL-T3M32000 EA $ 6.01 COUPLING 72-0925 COUPLING, METER, 1" X 2" LONG MALE IPT X SWIVEL NUT, BRASS 417NL-T4M42000 EA $ 8.88 COUPLING 72-0946 COUPLING, METER, 1" X 2 5/8" LONG,M. IPT X SWIVEL NUT,BRASS 417NL-T4M4 EA $ 8.88 COUPLING 72-1167 COUPLING, STRAIGHT, BRASS,3/4" MALE IPT X COPPER COMPRESSION 117NL-B3M3 EA $ 10.40 COUPLING 72-1191 COUPLING, STRAIGHT, BRASS, 1" FEMALE IPT X COPPER COMP. FORD C14-44 EA $ 12.65 COUPLING 72-1230 COUPLING, 90 DEG, BRASS, 1" M. IPT X COPPER COMP, 1/4 BEND AY MCDONALD EA $ 16.50 COUPLING 72-1282 COUPLING, STRAIGHT, BRASS, 2" MALE IPT X COPPER COMPRESSION FORD C84-77 EA $ 48.02 COUPLING 72-1380 COUPLING, ADAPTER, 118 BEND,2" F. CU THREAD X CU COMP, 45 DEG FORD LA04-77 EA $ 117.30 COUPLING 72-1399 COUPLING, ADAPTER, STRAIGHT 11/2", F. CU THREAD X CU COMP AY MCDONALD #4755-22, FORD C EA $ 40.85 COUPLING 72-1401 COUPLING, 1/4 BEND, 11/2" MALE IPT X COPPER COMP, 90 DEG FORD 1-84-66/JONESJ-2619,JE261 EA $ 97.35 COUPLING 72-1403 COUPLING, 1/4 BEND, 2", MALE IPT X COPPER COMP, 90 DEG #4779M-22, 74779M222 EA $ 75.50 COUPLING 72-1405 COUPLING, 1/4 BEND, 3/4", MALE IPT X COPPER COMP, 90 DEG, AY#4779M-22/FORD L84-33/JON EA $ 11.00 COUPLING 72-1423 COUPLING, 90 DEG,BRASS,l" MALE IPT X COPPER FLARE 1/4 BEND AY MCDONALD #4779M EA $ 14.30 COUPLING 72-1530 COUPLING,WROUGHT COPPER,1 1/2" STRAIGHT, STREAMLINE MUELLER W-1908 EA $ 5.46 COUPLING 72-1555 COUPLING, WROUGHT COPPER, 2" STRAIGHT, STREAMLINE TCHRISTY FA $ 10.85 COUPLING 72-1563 COUPLING, ADAPTER, STRAIGHT,2" F. COPPER THREAD X, PAK JOINT 4755-22 CTSXFCT ADPT, AY74755 EA $ 63.72 CURB STOP 72-1738 CURB STOP, BALL, BRASS, 3/4" F. IPT BOTH SIDES, LOCK WING MUELLER NB20200 EA $ 23.30 CURB STOP 72-1745 CURB STOP, BALL, (1" FEMALE IPT X 3/4" SWIVEL NUT), MUELLER EA $ 44.25 2?b-21 CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price CURS STOP 72-1750 CURB STOP, BALL, BRASS, 3/4" F. IPT X SWIVEL NUT LOCK WING NB24351 EA $ 42.30 CURB STOP 72-1753 CURB STOP, BALL, BRASS, 1" F. IPT X SWIVEL NUT LOCK WING MUELLER NB24351 EA $ 63.20 CURB STOP 72-1760 CURB STOP, BALL, BRASS, 1", F. IPT X FEMALE IPT LOCK WING CON 09-057-A, NB20200 EA $ 65.03 CURB STOP 72-1763 CURB STOP, 1112", FEMALE IPT X FEMALE IPT Bll-666W-NL EA $ 111.68 CURB STOP 72-176S CURB STOP, 11/2", FEMALE IPT X FLANGE AY76101MW15 EA $ 126.00 CURB STOP 72-1770 CURB STOP, BALL, BRASS, 2" F. IPT X FEMALE IPT, LOCK WING MUELLER NB20200 EA $ 167.80 CURB STOP 72-1775 CURB STOP, BALL, BRASS, 2" FEMALE IPT X FLANGE, JE1912WK EA $ 188.21 COUPLING 72-1800 COUPLING, 45 DEG, 2", WROUGHT COPPER, STREAMLINE NIBCO #606 EA $ 13.25 COUPLING 72-1803 COUPLING, 90 DEG, BRASS, 2" CU COMP. BOTH SIDES, 1/4 BEND AY-MCDONALD EA $ 118.25 COUPLING 72-1805 COUPLING, 1/4 BEND, 11/2" COMP. X COPPER COMP., 90 DEG FORD L44-66/JONES )2611/AY #4 EA $ 64.63 NUT 72-1849 NUT, COPPER TUBE, FLARED, 3/4" BRASS AY MCDONALD #4700 EA $ 1.95 ADAPTER 72-1860 ADAPTER, METER 2" X 1", METER FLANGE X SWIVEL NUT, BRASS AY MCDONALD 10147 EA $ 4635 FLANGE 72-1894 FLANGE, METER, BRASS, 11/2" METER FLANGE X FEMALE IPT S030295NL EA $ 27.88 FLANGE 72-1928 FLANGE, METER, BRASS,2",F. IPT STD. HOLED VERSION,NON-SLOTTED FORD CF31-77 ONLY EA $ 46.78 GASKET 72-2371 GASKET, RUBBER, 3/4" X 118" FOR WATER METER, TRIPAC TRIPAC OR EQUAL EA $ 0.13 GASKET 72-2439 GASKET, RUBBER, 1" X 1/8" FOR WATER METER, TRI PAC TRIPAC OR EQUAL EA $ 0.16 GASKET 72-2462 GASKET, FLANGE, 11/2", SOLID RUBBER, DROP-IN TYPE GH4194 EA $ 0.71 GASKET 72-2496 GASKET, FLANGE,2",SOLID RUBBER DROP-IN TYPE FOR WATER METER GH419S EA $ 0.72 ANGLE STOP 72-3410 ANGLE METER STOP, BRASS, 3/4" SWIVEL NUT X CU. COMP.,P14258N AY MCDONALD OR EQUAL EA $ 25.50 ANGLE STOP 72-3415 ANGLE METER STOP, BALL, 3/4" SWIVEL NUT X CU. FLARE FORD BA23-332W, AY #4602B EA $ 49.49 ANGLE STOP 72-3425 ANGLE METER STOP, BRASS, 1" SWIVEL NUT X CU. FLARE MUELLER H14255N EA $ 36.20 ANGLE STOP 72-3452 ANGLE METER STOP,1 1/2",FLANGE X CU. COMP. W/LOCK WING P14227N EA $ 172.50 ANGLE STOP 72-3465 ANGLE METER STOP, 11/2",METER FLANGE X COPPER FLARE FORD FV23-666W EA $ 167.51 ANGLE STOP 72-3478 ANGLE METER STOP, BRASS, 2" FLANGE X CU. COMP. W/LOCK WING JONES E4205 EA $ 160.48 ANGLE STOP 72-3480 ANGLE METER STOP, BRASS, 2" FLANGE X CU. FLARE W/LOCK WING JONES J-1525 EA $ 159.63 TUBING 72-3619 TUBING, COPPER, 3/4"X 60' COIL TYPE "K", SOFT MUELLER OR EQUAL FT $ 4.60 TUBING 72-3627 TUBING, COPPER, 1" X 60' COIL TYPE "K", SOFT MUELLER OR EQUAL FT $ 5.35 TUBING 72-3635 TUBING, COPPER, 1" X 100' COIL TYPE "K", SOFT MUELLER OR EQUAL FT $ 6.15 TUBING 72-3676 TUBING, COPPER, 1112" X 20' LENGTH, TYPE "K", SOFT MUELLER OR EQUAL FT $ 10.40 COPER TUBE 72-3700 TUBING, COPPER, 2" X 20' LENGTH, TYPE "K", SOFT 200CTK-20 FT $ 15.80 COUPLING 72-3809 COUPLING, STRAIGHT, BRASS,3/4" COPPER COMPRESSION BOTH SIDES 119NL-B3B3 EA $ 10.85 COUPLING 72-3833 COUPLING, STRAIGHT, BRASS, 1" COPPER COMPRESSION BOTH SIDES FORD C44-44 EA $ 13.43 VALVE 72-4013 VALVE, GATE, 11/2", BRASS, F. IPT BOTH ENDS, NON-RISING STEM NIBCO T-113 EA $ 32.00 VALVE 72-4054 VALVE, GATE, 2", BRASS, F. IPT BOTH ENDS, NON-RISING STEM SMITH COOPER EA $ 35.00 TUBING 72-4221 TUBING, POLYETHYLENE, CLEAR 20" X 340'/RL, .008 THICK TBD OR EQUAL CS $ 91.80 TUBING 72-4230 TUBING, POLYETHYLENE, CLEAR 27" X 340'/RL,.008 THICK TBD OR EQUAL CS $ 122.40 TUBING 72-4235 TUBING, POLYETHYLENE, CLEAR 37" X 340'/RL, .008 THICK TBD OR EQUAL FT $ 0.53 GREASE 72-4999 CUTTING GREASE, FOR MUELLER TAPPING MACHINES MUELLER #88366 CAN $ 59.79 GASKET 75-0003 GASKET MATERIAL, 1/16" THICK X 36", NEOPRENE #70 PIN CIT300-21 FT $ 6.30 GASKET 75-0103 GASKET MATERIAL, 1/8" THICK X 36", NEOPRENE #70 PIN CIT300-20 FT $ 12.07 COUPLING 76-1411 COUPLING, STEEL PIPE 3/4" X 4 1/2" LONG, W/2 BOLTS SMITH 411-010501-003/FORD FC EA $ 21.61 COUPLING 76-1445 COUPLING, STEEL PIPE 1"X5" LONG,W/2 BOLTS (1109149M) SMITH 411-013201-003/FORD FC EA $ 16.66 COUPLING 76-1478 COUPLING, STEEL PIPE 11/4" X 5" LONG, W/2 BOLTS SB4111665 EA $ 17.45 COUPLING 76-1486 COUPLING, STEEL PIPE 11/2" X S" LONG, W/2 BOLTS SMITH 411-019001-003/FORD FC EA $ 20.85 COUPLING 76-1502 COUPLING, STEEL PIPE 2"XS" LONG,W/2 BOLTS (1109149M) SMITH 411-023801-003/FORD FC- EA $ 47.20 COVER 76-1833 COVER, ONLY, TRIANGULAR, Cl, MARKED "WATER" TBD OR EQUAL EA $ 26.00 GASKET 76-1932 GASKET, ASBESTOS RING, 3" I.D. 31/2" X O.D. 5 3/8", ITP TRIPAC FA $ 0.84 GASKET 76-1999 GASKET, ASBESTOS RING, 4" I.D. 4 1/2" X O.D. 6 7/8", ITP TBD OR EQUAL EA $ 1.50 GASKET 76-2021 GASKET, ASBESTOS RING, 6" I.D. 6 3/4" X O.D. 8 5/81, ITP TBD OR EQUAL EA $ 2.00 GASKET 76-2054 GASKET, ASBESTOS RING, 8" I.D. 811/16" X O.D. 11", ITP TBD OR EQUAL EA $ 2.50 VALVE 78-4751 VALVE, GATE, 2", FL X FL, RW CLOW, W/OPERATING NUT CLOW OR EQUAL EA $ 310.55 VALVE 78-4785 VALVE, GATE, 3", FL X FL, RW W/OPERATING NUT, CLOW CLOW OR EQUAL EA $ 440.99 VALVE 78-4819 VALVE, GATE, (4"), FL X FL, RW W/OPERATING NUT, CLOW CLOW OR EQUAL EA $ 485.33 VALVE 78-4835 VALVE, GATE, FL X FL, 6" RESILENT WEDGE, CLOW CLOW OR EQUAL EA $ 548.46 CLAMP 80-0827 CLAMP, REPAIR, STEEL PIPE 3/4" X 3" WIDE S MITH 245-010503-000/FORD FS EA $ 6.08 CLAMP 80-0850 CLAMP, REPAIR, STEEL PIPE 1" X 3" WIDE, PART P2662 S MITH 245-013203-000/FORD FS EA $ 6.65 CLAMP 80-0939 CLAMP, REPAIR, FULL CIRCLE, 4" X 12 1/2" WIDE, 4.74"- 5.57" S MITH BLAIR 227-048012-001 EA $ 116.91 CLAMP 80-0941 CLAMP, REPAIR, FULL CIRCLE, 6" X 12 1/2" WIDE, 6.84"-7,64" S MITH BLAIR 227-069012-001 EA $ 127.22 CLAMP 80-0942 CLAMP, REPAIR, FULL CIRCLE, 8" X 12 1/2" WIDE, 8.99"-9.79" S MITH BLAIR 227-090512-001 EA $ 240.00 CLAMP 80-0950 CLAMP, REPAIR, FULLCIRCLE,12" X 15" WIDE, 12.75"-13.55" O.D. S MITH BLAIR 227-127515-001 EA $ 430.00 SADDLE 80-1043 SADDLE, SERVICE, BRONZE 2 STRAP, 4" X 1", IPT J ONES J979 EA $ 72.65 Zsi3-ii CATEGORY PART# DESCRIPTION MFG/BRAND UOM SPA Per Unit Price SADDLE 80-1050 SADDLE, REPAIR,CSTTAP,2 STRAP W/6" NEOPRENE GASKET, BRONZE JONESJ-989 EA $ 155.81 SADDLE 80-1068 SADDLE, REPAIR, 8" X 1" CS TAP 2 STRAP W/6" NEOPRENE GASKET JONES 1-989 EA $ 180.70 SADDLE 80-1070 SADDLE,SERVICE,6" X 1" IPT TAP BRONZE, 2 STRAP, AC & DI PIPE JONES EA $ 60.55 SADDLE 80-1072 SADDLE, SERVICE, BRONZE 2 STRAP, 8" X 1", IPT JONES J979, AY MCDONALD EA $ 105.90 SADDLE 80-1084 SADDLE, SERVICE, BRONZE 2 STRAP, 6" X 2", IPT JONES J979 EA $ 107.50 CLAMP 80-8060 CLAMP, REPAIR, FULL CIRCLE, 6" X 20' WIDE, 6.84"-7.64" O.D SMITH BLAIR 227-069020-001 EA $ 390.00 SADDLE 80-8081 SADDLE, SERVICE, 8" X 1", IPT FOR PVC C-900 PIPE JONES J996/FORD S-91/MUELLER EA $ 119.02 FLANGE 81-2305 FLANGE, 2",COMPANION, W/2" IPT TAP, Cl FACED & DRILLED, WARD TBD OR EQUAL EA $ 12.00 FLANGE 81-2376 FLANGE, BLIND, 6", CLASS 250 D.I., 8 HOLE PATTERN, WARD TBD OR EQUAL EA $ 40.00 VALVE 82-0440 VALVE, GATE, 4", MJ X FL, RW INCLUDES MJ ACC. KIT MUELLER OR CLOW EA $ 529.00 VALVE 82-0450 VALVE, GATE, MJ X Ml, 6" RESILIENT WEDGE CLOW EA $ 441.20 VALVE 82-0460 VALVE, GATE, MJ X FL, 6" RESILIENT WEDGE CLOW EA $ 441.20 BEND 82-0500 BEND, 8", 45. DEG MJ X MJ CLASS 350 D.I., INCL. MJ KITS TBD OR EQUAL EA $ 100.00 VALVE 82-0875 VALVE, GATE, MJ X MJ, 8" RESILIENT WEDGE CLOW EA $ 841.45 VALVE 82-1006 VALVE, TAPPING, 6", MJ X TAP RW, INCLUDES MJ KIT, GASKET CLOW EA $ 815.00 FLANGE 82-2003 FLANGE, ADAPTER, 3", SIGMA ZFZ TYLER OR UNIFLANGE 32000 EA $ 16.67 FLANGE 82-2004 FLANGE, ADAPTER, 4", SIGMA ZFZ TYLER OR UNIFLANGE 42000 EA $ 26.00 PIPE 84-1312 PIPE, VITRIFIED, 4" X 6' PLAIN END,W/1 COUPLING, MISSION CLAY TBD OR EQUAL FT $ 2.80 PIPE 84-1387 PIPE, VITRIFIED CLAY, 6" X 5' PLAIN END W/1 COUPLING TED OR EQUAL FT $ 5.98 PIPE 84-1390 PIPE, VITRIFIED, 8" X 6' LONG PLAIN END, CLAY PIPE TBD OR EQUAL FT $ 7.96 COUPLING 84-1900 COUPLING, VITRIFIED SEWER PIPE 4", FLEXIBLE, CLAY X C.I./PVC TBD OR EQUAL EA $ 6.96 COUPLING 84-1924 COUPLING, VITRIFIED PIPE, 4" SOLID,NO STOPPER,RUBBER,CALDER TED OR EQUAL EA $ 3.08 COUPLING 84-1950 COUPLING; ADAPTER; (4"); ARC C.I. X C.I. COUPLING TBD OR EQUAL EA $ 18.00 COUPLING 84-1960 COUPLING; ADAPTER; (4"); CLAY X PL ARC, #102-445R TBD OR EQUAL EA $ 16.96 COUPLING 84-1965 COUPLING, VITRIFIED PIPE, 8" RUBBER, CLAY-CLAY TBD OR EQUAL EA $ 18.60 COUPLING 84-1980 COUPLING, PIPE, 4", FLEXIBLE C.I./PVC X C.I./PVC TBD OR EQUAL EA $ 6.86 COUPLING 84-1990 COUPLING, CLAY TO CLAY 6", INDIANA SEAL, 101-66SR TBD OR EQUAL EA $ 21.00 COUPLING 84-1995 COUPLING, REPAIR, CLAY TO CLAY 841, INDIANA SEAL 10188WSR TBD OR EQUAL EA $ 18.00 PIPE 84-2100 SEWER Y, 6" X 4", VITRIFIED PIPE, CLAY, W/COUPLINGS TBD OR EQUAL EA $ 47.15 PIPE 84-2105 SEWER Y, 8" X 4", VITRIFIED PIPE, CLAY, W/COUPLINGS TBD OR EQUAL EA $ 57.85 ADAPTER 85-0010 ADAPTER, BRASS, 2 1/2" MALE FIRE HOSE THREAD ON ONE SIDE 09-130-02 EA $ 14.22 ADAPTER 85-0020 ADAPTER, BRASS, 2 112" FEMALE FIRE HOSE THREAD ON ONE SIDE #SA8, PART U92154 EA $ 35.94 COUPLING 85-0100 COUPLING, STEM CONNECTOR, 5" C.I., PART # "T", P.S. HYDRANT PM0.23.0 EA $ 15.72 EXTENSION 85-0447 EXTENSION KIT, KENNEDY HYDRANT K8150, 6"LONG KENNEDY OR EQUAL EA $ 207.45 EXTENSION 85-0449 EXTENSION KIT, KENNEDY HYDRANT K8150,12" LONG KENNEDY OR EQUAL EA $ 242.28 GASKET 85-1501 GASKET, PAC STATES HYDRANT EXTENSION, VEGETABLE FIBER KENNEDY OR EQUAL EA $ 2.32 PLATE 85-2004 GATE WASHER, CAST IRON, PAC. STATES #AA, 4 1/2" V.O. PMO.33.4 EA $ 23.49 PLATE 85-2005 PLATE, GATE, CI., VALVE WASHER PAC. STATES #AA, 5" V.O. PMO.33.5 EA $ 20.40 GATE 85-2015 GATE, CAST IRON, PART #X, PAC. STATES HYDRANT, 4 1/2" V.O. PMO.30.4 EA $ 59.61 GATE 85-2020 GATE, CAST IRON, PART #X, PAC. STATES HYDRANT, 5 1/4" V.O. PMO.30.5 EA $ 61.48 O-RING 85-2140 O-RING, PAC. STATES RESIDENTIAL HYDRANT NATIONAL #568-260 EA $ 2.24 0-RING 85-2145 O-RING, PAC. STATES COMMERCIAL HYDRANT GENERAL #568-263, PM2.07.5 EA $ 3.65 RUBBER 85-2200 RUBBER, MAIN VALVE, CLOW F-2500,4 1/2" V.O. CLOW EA $ 39.58 RUBBER 85-2205 RUBBER, MAIN VALVE SEAT, CLOW F-2500, 5 1/4" V.O. CLOW #T1600443 EA $ 43.26 RUBBER 85-2210 MUELLER SUPER CENTURION FIRE HYDRANT PART, CAT. PART #A-45 ASTM D2000, 5 1/4", #190354 EA $ 124.28 RUBBER 85-2608 RUBBER, MAIN VALVE, M2 PAC. STATES HYDRANT, 4" V.O.,PART Y PMO.31.4 EA $ 28.32 RUBBER 85-2616 RUBBER, MAIN VALVE,PAC. STATES HYDRANT, 5" V.O., PART Y PMO.31.5 EA $ 33.67 KIT 85-2830 KIT, REPAIR, MUELLER HYDRANT 4 112" V.O. #HRPI-300 EA $ 195.00 REPAIR KIT 85-2835 KIT, REPAIR, MUELLER HYDRANT 51/4" V.O. #HRPI-301 EA $ 195.00 REPAIR KIT 85-2840 KIT, REPAIR, CLOW HYDRANT F-2500,4 1/2" V.O. CLOW 1620562 EA $ 195.00 REPAIR KIT 85-2842 KIT, REPAIR, CLOW F-2500 ONLY 5 1/4" V.O. CLOW R1620545 EA $ 195.00 PIPE 86-1500 PIPE,ABS 4" X 20' LONG, BLACK, DRAIN WASTE & VENT FITTING A40FCPP20 FT $ 2.13 PLUG 86-1800 PLUG, 4", CLEAN-OUT, ABS,DRAIN WASTE & VENT FITTING TBD OR EQUAL EA $ 3.74 ADAPTER 86-1900 ADAPTE R,4", FEMALE, DRAIN WASTE & VENT FITTING,FOR ABS SCH.#40 #PD4F40, # ADWVFAP EA $ 7.70 BEND 86-3200 BEND, 4", 45 DEG., HUB X HUB ABS, DRAIN WASTE &VENT FITTING AB544 EA $ 10.80 COUPLING 86-3500 COUPLING, 4", ABS, HUB X HUB DRAIN WASTE & VENT FITTING ABSC4 EA $ 8.20 BEND 86-3700 BEND, 4", 22 1/2 DEG., HUB X HUB, ABS #A1640, ITEM ADWV2P EA $ 7.85 ABS "T" 86-4100 ABS, 4", "T", 2-WAY, ALL HUB ABS2CT4 TED OR EQUAL EA $ 28.53 ASPHALT 87-0001 ASPHALT, PERMA-MIX, CATIONIC HIGH PERFORMANCE, 60# SACK PART #34971-64R SAK $ 6.05 CEMENT 87-0650 CEMENT, PORTLAND, COMMON 47# SK., 70 SKS/PALLET, *MSDS` TBD OR EQUAL SAK $ 4.85 CONCRETE 87-0711 CONCRETE, READY MIX, 60 LB. SACK, 50 SACKS/PALLET TBD OR EQUAL SAK $ 2.45 2tD-23 CATEGORY PART If DESCRIPTION MFG/BRAND UOM SPA Per Unit Price CEMENTEX 87-0808 CALCIUM CHLORIDE, LIQUID CEMENTEX, 36-40 BAUME TBD OR EQUAL DR $ 54.45 HDPE PIPE 89-1500 HDPE PIPE, 4" DR 17 X 20' FUSABLE PIPE/BUTT FUSION PIPE TBD OR EQUAL FT $ 2.61 HDPE PIPE 89-1900 HDPE PIPE, CLEAN OUT 4", W/PLUG TBD OR EQUAL EA $ 39.38 HDPE PIPE 89-3200 HDPE PIPE, ELBOW 45 BF, 4" DR 17, MOLDED BUTT FUSION 45 TBD OR EQUAL EA $ 18.07 HDPE PIPE 89-3700 HDPE PIPE, ELBOW 22.5 FAB, 4" OR 17 TBD OR EQUAL EA $ 43.90 HDPE PIPE 89-4100 HDPE PIPE, TEE BF, 4" DR 17 MOLDED BUTT FUSION TEE TBD OR EQUAL EA $ 23.83 CONTROL 90-0597 CONTROL, PHOTOELECTRIC, MULTIPLE VOLTAGE, 105 VAC-285 VAC PRECISION #8690N EA $ 9.54 LAMP 90-0900 STARTER, HIGH PRESSURE SODIUM SEQUOIA LTG.SS-1 SUPER STARTER TBD OR EQUAL EA $ 31.33 LAMP 90-0940 LAMP, HIGH PRESSURE SODIUM 70W, CLEAR, MEDIUM BASE SYLVANIA #LU70MED EA $ 14.89 LAMP 90-0951 LAMP, HIGH PRESSURE SODIUM 150W, MOGUL BASE, CLEAR, 20/BX SYLVANIA #LU15055 ECO EA $ 14.89 LAMP 90-1009 LAMP, HIGH PRESSURE SODIUM 25OW, CLEAR SYLVANIA HLU250ECO EA $ 16.11 LAMP 90-1033 LAMP, HIGH PRESSURE SODIUM 400W, CLEAR, 10/BX SYLVANIA #LU400ECO EA $ 16.09 LAMP 90-1051 LAMP, MERCURY VAPOR CON# 09-023A SYLVANIA# MS250/HOR/T15 EA $ 42.78 LAMP 90-1249 LAMP, MERCURY VAPOR, 1000W MOGUL BASE, WHITE, 6/BX PHILLIPS #H36GW-1000DX EA $ 28.63 LAMP 90-1678 LAMP, METALARC, 175W, MEDIUM BASE, M175/U/MED PHILLIPS OR EQUAL EA $ 18.39 LAMP 90-1680 LAMP, METALARC, 175W, MEDIUM BASE, M175/C/U/MED PHILLIPS OR EQUAL EA $ 18.39 LAMP 90-1790 LAMP, METAL HALIDE, 175W MOGUL BASE, PHOSPHOR, WHITE PHILLIPS OR EQUAL EA $ 17.04 LAMP 90-1792 LAMP, METAL HALIDE ,175W,MOGUL BASE, CLEAR,UNIVERSAL POSITION PHILLIPS OR EQUAL EA $ 11.12 LAMP 90-1798 LAMP, METAL HALIDE, 1000W MOGUL BASE, CLEAR PHILLIPS OR EQUAL EA $ 25.59 LAMP 90-1800 LAMP; 1500W MH;Z;"CLEAR" PAR T# LA30Z-1 PHILLIPS OR EQUAL EA $ 85.00 LAMP 90-1805 LAMP, QUARTZ, 500W, 120V G.E. QS00T3/CL EA $ 3.24 PIPE 91-3206 PIPE, 6", C-900 PVC, CLASS 200 20 FT/JOINT, BELLED ON ONE END TBD OR EQUAL FT $ 7.67 PIPE 91-3208 PIPE, 8", C-900 PVC, CLASS 200 DR14, 20 FT/JOINT TBD OR EQUAL FT $ 12.79 BRUSH 99-0405 BRUSH, WIRE, STAINLESS STEEL WES67-3305S, KNOX #894-8212 EA $ 1.01 BRUSH 99-0406 BRUSH, WIRE, (4 ROWS), CURVED HANDLE SCRATCH BRUSH WE140-25201 EA $ 2.10 COUPLING 99-0721 COUPLING, HOSE END REPAIR,3/4" GRAINGER# 1P723 IP723 WESTWARD SET $ 2.74 HOSE 99-1349 HOSE, WATER, 3/4" X 50'150 PSI, COUPLED TBD OR EQUAL EA $ 25.03 HOSE 99-1370 HOSE, WATER, 3/4" X 50', CLEAR REINFORCED VINYL TUBING TBD OR EQUAL EA $ 60.73 COUPLING 99-1703 COUPLING, HOSE/PIPE, SWIVEL GRAINGER#4KG88 TBD OR EQUAL EA $ 4.50 CONNECTOR 99-1706 CONNECTOR, HOSE/PIPE, SOLID 3/4" MHT X 3/4" MPT 7MH7FPGT EA $ 4.10 PAIL 99-1828 PAIL, PLASTIC, 10 QT CAPACITY GRAY, CON78-811OG CONTINENTAL #8110 EA $ 7.45 DEODORANT 99-2140 PRO-ZYME, PORTA POTTIE, ODOR CONTROL/NEUTRALIZER, 32 OZ. CODE 300032 BTL $ 13.75 TAPE 99-2230 TAPE, DUCT, 2" X 60 YD UTILITY GRADE, A-1 TBD OR EQUAL RL $ 3.56 TAPE 99-2248 TAPE, PIPE WRAP, POLYETHYLENE BLACK, 2" X 100', A-I TBD OR EQUAL RL $ 3.50 PAD 99-2600 PAD, STRIPPING, ABRASIVE 6" X 9",1/4" THICK, GREEN TRIPLES 4300b0, EA $ 0.28 14 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: APPROVAL OF AGREEMENT WITH JONES & MAYER FOR SPECIAL LEGAL COUNSEL i 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 Approve Legal Services Agreement with Jones & Mayer. DISCUSSION The City retains outside legal counsel from time-to-time in cases involving the defense of the City and its police officers. The City Attorney desires to engage James R. Touchstone, Esq., of Jones & Mayer to act as conflict counsel when such is needed to represent an individual defendant officer. The proposed Agreement is for a term of one year and for an amount not to exceed $50,000. FISCAL IMPACT Upon approval of the additional funding, funds will be available in the Liability and Property Insurance Fund, Contracted Vendor Personnel Services account (account no. 08009051-62302). APPROVED AS TO FUNDS AND ACCOUNTS: Sonia R. Carvalho City Attorney SRC:lo o An m'? , --, !1 L Francisco Gutierrez Executive Director Finance & Management Services Agency 1/ 25E-1 25E-2 LEGAL SERVICES AGREEMENT This AGREEMENT, made and entered into this _ of December, 2012 by and between Jones & Mayer, a California professional law corporation (hereinafter "Attorneys"), and 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"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, admitted to the United States District Court for the Central District of California, have special experience and knowledge in the field of public entity tort defense and desire to undertake said employment. 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. EMPLOYMENT OF ATTORNEYS City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said employment and agree to perform, in timely and efficient manner all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED. A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at a maximum billing rate of $225 per hour. The total sum to be expended pursuant to this Agreement shall not exceed $50,000 during the term of this Agreement. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses including mileage authorized by the City Attorney in connection with the performance of duties under this Agreement. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement, specifying the services performed, dates and number of hours, and itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their employment hereunder is 25E-3 terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate on December 31, 2013, unless terminated earlier pursuant to Section 13, below. 6. ATTORNEYS INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree 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 Attorneys disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 2 25E-4 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 Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 Courtesy Copy 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 Attorneys: Jones & Mayer 3777 North Harbor Boulevard Fullerton, CA 92835 Telefacsimile: (714) 446-1448 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 3 25E-5 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS 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. // 4 25E-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Rossini Assistant City Attorney CITY OF SANTA ANA Paul M. Walters City Manager JONES & MAYER By: _ Name: Title: Tax ID No. 25E-7 25E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008-31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115 NORTH HARBOR BOULEVARD l 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 extension of Conditional Use Permit Nos. 2008-27 and 2008-31. DISCUSSION In November 2008, the City Council approved Conditional Use Permit Nos. 2008-27 and 2008-31 to allow the construction of a new Rite-Aid Pharmacy at 115 North Harbor Boulevard. The conditional use permits allowed a drive through window operation for the pharmacy as well as a Type 21 (off-sale beer, wine and distilled spirits) Alcohol Beverage Control license. Due to a significant shift in the local, state and national economies that occurred a few years ago, Rite-Aid made the decision to abandon the project. The property owner has been in negotiations with other similar pharmacy operators in an effort to occupy the site and is still in discussions with Walgreen's in an attempt to secure their business for the property. The negotiations are on-going; however, the entitlements for the site are ready to expire. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permits and is requesting a third and final extension. Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. The first extension requested by the applicant was approved by the City Council on November 15, 2010 for a one year time period. The second extension was granted on November 28, 2011. Although the project has yet to be submitted into building plan check, the applicant is hopeful that the recent shift in economic conditions will allow a deal to be reached shortly and plans submitted into building plan check within the next few months. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one year from date of original approval to November 16, 2013. If construction has not commenced by this date, the approved project will become void, with any new project having to restart the entitlement process with a site plan review submittal. 55A-1 Extension of CUP Nos. 2008-27 & 2008-31 December 17, 2012 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. t-` J M. Trevino Executive Director Planning and Building Agency VF: rb vflreportsCUP08-27 & 08-31.3rdextension.cc 55A-2 ROH - 12/17112 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-27 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2008-31 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD 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. On November 17, 2008, the City Council approved Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned, to allow a drive through window operation for the pharmacy and a Type 21 Alcohol Beverage Control license in order to sell beer, wine, and distilled spirits for off-premise consumption at 115 North Harbor Boulevard. B. On November 15, 2010, the City Council approved a one (1) year extension of Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned. On November 28, 2011, the City Council approved a second one (1) year extension of Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008- 31, as conditioned. C. The applicant has requested a third and final extension for Conditional Use Permit Nos. 2008-27 and 2008-31. The applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. D. It is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one (1) year to November 16, 2013. E. The extension request came before the City Council on December 17, 2012. F. Pursuant to City of Santa Ana Municipal Code section 41-647, where construction does not commence, these types of entitlements expire after 55A-3 Resolution No. 2012-XXX Page 1 of 3 two years unless the applicant applies for, and the City Council approves, an extension. The extension may not be for a period or periods exceeding three (3) years in total beyond the date it would otherwise become void. Thus, this is the final possible extension for these Conditional Use Permits. G. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned, are hereby extended for a period of one (1) year to November 16, 2013. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated December 17, 2012, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. 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 December, 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2012-XXX Page 2 of 3 55A-4 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. 2012- 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 55A-5 Resolution No. 2012-XXX Page 3 of 3 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: APPOINTMENTS TO REGIONAL BOARDS 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 Make appointments to regional boards for positions held by outgoing councilmembers Claudia Alvarez and Carlos Bustamante, and any other appointment changes necessary. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The positions held by outgoing Councilmembers Alvarez and Bustamante are: Orange County Water District representative Newport Bay Watershed Executive Committee representative Transportation Corridor Agencies (TCA) Foothill/Eastern alternate Transportation System Improvement Authorities - Orange alternate Transportation System Improvement Authorities - Tustin alternate The City Council may make additional changes to appointees, at their discretion. Exhibit 1 attached is a list of current representatives. For discussion purposes, the following is a list of regional boards and appointing authority. ¦ Metropolitan Water District* A board member is appointed by the majority of the City Council (member does not have to be elected official). ¦ Newport Bay Watershed Executive Committee* A board member and alternate is appointed by the majority of the City Council. 65A-1 ¦ Orange County Sanitation District (OCSD) Board A board member and alternate are appointed by the majority of the City Council. ¦ Orange County Vector Control* A board member is appointed by the majority of the City Council (member does not have to be elected official). ¦ Orange County Water District (OCWD) Board* A board member and alternate is appointed by the majority of the City Council. ¦ Orange County Council of Governments (OCCOG) SCAG nominates a member to OCCOG. ¦ Orange County Fire Authority (OCFA) A board member and alternate is appointed by the majority of the City Council. Selection must be done by resolution. • Orange County Transportation Authority (OCTA) Board member appointed by the City Selection Committee which was established through Government Code § 50270 ¦ Transportation System Improvement Authorities - Orange & Tustin (TSIA) A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. ¦ Southern California Association of Governments (SCAG) District #16 A board member and alternate is appointed by the majority of the City Council. Mayor may nominate representative. ¦ Transportation Corridor Agencies (TCA) - Foothill/Eastern A board member and alternate are appointed by the majority of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENTS: Exhibit 1 65A-2 EXHIBIT 1 CITY OF SANTA ANA CITY COUNCIL APPOINTMENTS TO REGIONAL BOARDS BOARD LAST NAME FIRST NAME POSITION Metropolitan Water District Griset Dan Representative Board (MWD) Newport Bay Watershed Alvarez Claudia Representative Executive Committee Newport Bay Watershed Executive Committee Martinez Michele Alternate OC Sanitation District Tinajero Sal Representative OC Sanitation District Benavides David Alternate OC Vector Control District Aguinaga Cecilia Representative OC Water District Alvarez Claudia Representative Orange County Council of Governments Board of Martinez Michele Representative Directors (OCCOG) * Orange County Fire Authority (OFCA) Benavides David Representative Orange County Transportation Authority (OCTA) Pulido Miguel Representative S.A./Orange T.S.I.A. Sarmiento Vincent Representative S.A./Orange T.S.I.A. Bustamante Carlos Alternate S.A./Tustin T.S.I.A. Sarmiento Vincent Representative S.A./Tustin T.S.I.A. Bustamante Carlos Alternate 65A-3 BOARD LAST NAME Southern California Association of Martinez Governments (SCAG) Southern California Regional Rail Authority (SCRRA / Martinez Metrolink) Transportation Corridor Agencies (TCA) - Sarmiento Foothill/Eastern Transportation Corridor Agencies (TCA) - Bustamante Foothill/Eastern FIRST NAME POSITION Michele Representative Michele Ex-Officio Member Vincent Representative Carlos Alternate z 65A-4 RZAALED BY: O ESQ ha._ 0??0?--r co ' RESOLUTION NO.98- 091 DATE;I - L-- 0, .3 Zjg5d EY;r?iwIV,D DATE ?- R 629 A RESOLUTION OF THE CITY COUNCIL OF THE S o)$FEY: 0 CRS, P?ffi,RG/RES CITY OF SANTA ANA ESTABLISHING CERTAIN ic COMMITTEES OF THE CITY COUNCIL. NJ _ I?ZQ /_- D lla tiATE:.,ad o-1 WHEREAS, the Mayor has recommended to the City Council that it create committees of less than a quorum of the Council for the purpose of focusing greater Council attention on key priorities coming before the Council in the future; and, WHEREAS, the City Council finds that it is in the public interest to provide effective forums for in-depth review and study by members of the City Council of significant issues, projects and matters outside of the established meetings of the full City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. There shall be the following committees of the City Council: a. Annual Budget Review and Personnel/LaborRelations; b. Downtown/Midtown/ArtistsVillage; C. Light Rail Alignment and Development; d. Neighborhood Improvement/Code Enforcement Programs and Activities; e. Planning, Building and Development Services; f. Public Safety; g. South Main Street Improvement Plan; and, h. Youth Alternatives and Development/SchoolCapital Development/EducationalEnhancement and Coordination. 2. The Mayor is authorized and directed to appoint not more than three Councilmembersto each committee, and to fill any vacancies that may arise from time to time. The actual number of Councilmembers on each committee shall be at the discretion of the Mayor. 3. All meetings of the committees shall be subject to the Ralph M. Brown Act. Each committee shall establish its own meeting schedule, and may adopt such other procedural rules it deems desirable, consistent with State law, the Charter and the Municipal Code. 4. The committees shall be empowered to study all issues within their respective areas 1 85A-1 630 of responsibility, provided that nothing contained herein shall permit a committee to bind the City or the City Council, or to be treated as a substitute for action by the City Council where required by law, unless specifically empowered or directed by the City Council. 5. The City Clerk is hereby excused from attendance at any committee meetings that she so desires. ADOPTED this 14 _ day of DecemheX 1998. ATTEST: C. Guy lerk of the Council COUNCILMEMBERS: Pulido Aye Lutz -A*e Bist _AVe Christy Aye Franklin -Ahs e n t McGuigan _Aye Moreno Not Voting "w A. Pulido Mayor CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. r-? to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ly -<E7-5 4Cl?-esr=k-of the Coune' City of Santa Ana 2 85A-2 RESOLUTION NO. 2007-029 jwf: 3/7107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2007-014 ESTABLISHING THE NEIGHBORHOOD IMPROVEMENT AND CODE ENFORCEMENT COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. By Resolution 2007-014 the City Council modified Committees of the Council, creating the Development, Transportation, Public Safety and Parks, Recreation, Education and Youth Committees. B. The City Council seeks to create a fifth committee, the Neighborhood Improvement and Code Enforcement Committee. Section 2. From and after the date hereof, there shall be, in addition to those committees established by Resolution 2007-014, a Neighborhood Improvement and Code Enforcement Committee. Membership and appointment shall be as provided for all other Council Committees. Section 3. Except as expressly amended hereby, Resolution 2007-014 shall remain in full force and effect. ADOPTED this 19" day of March 2007. APPROVED AS T FOR Joseph W. Fletcher, City Attorney Mayor Resolution No. 2007-029 Page 1 of 2 85A-3 AYES: Councilmembers Alvarez Benavides Bustamante Martinez Pulido Sarmiento Tina'ero 7 NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007-029 to be the original resolution adopted by the City Council of the City of Santa Ana on March 19, 2007. Date: 312171 V "I Patricia E. Healy Clerk of Council City of Santa Ana Resolution No. 2007-029 Page 2 of 2 85A-4