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HomeMy WebLinkAbout FULL PACKET_2013-07-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 1, 2013 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 (5:08 p.m.) SAL TINAJERO, Mayor Pro Tern (5:10 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, Reyna, and Sarmiento. MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento (5) None (0) None (0) Pulido, Tinajero (2) Martinez, Reyna, and CITY COUNCIL MINUTES 1 JULY 1, 2013 1 0A -1 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 — THREAT OR ANTICIPATED /POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) One Matter. 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full -Time Employees 1 C PUBLIC EMPLOYEE – APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager CLOSED SESSION REPORT – See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:32 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JULY 1, 2013 G r�7. REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:33 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JERRY HILL, POLICE CHAPLAIN SPECIAL PRESENTATION - Orange County Water District Annual Update - General Manager Mike Marcus EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Leonel P. Rodriguez, Police Officer, Police Department PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Public Works Agency Executive Director Raul Godinez II for his exceptional service to the City of Santa Ana. CITY COUNCIL MINUTES 3 JULY 1, 2013 i NMI CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Joe Adams, President of the Discovery Science Center, for receiving the National Medal of Service from First Lady Michelle Obama. CLOSED SESSION REPORT — City Attorney Carvalho reported that the City Council received an update on the City Manager recruitment and provided staff with direction on labor negotiations. PUBLIC COMMENT • Carlos Nava, President of Santa Ana Pony League Baseball, reported that they are a non - profit organization with more than 400 members and 4 teams, scholarships have been awarded, Bronco division won district and division championship, advanced to regional championship and have won numerous tournaments; Pinto Division won division championship; thanked staff and council for support and many volunteers that assist. • Steve Rocco, condolences to family of former Mayor Gordon Bricken and commented on government corruption in general. • Ebrahim Duel, MD, requested assistance addressing living and damage created by homeless on the roof of building at his place of business. • Manuel Quintana, Golden B League, noted that League was founded in 1975, opined that change in field apportionment unfair; has suffered discrimination in the past; request assistance in having fields re- assigned. • Jesus Nieto, Pacific Baseball League, has been affected by recent lottery system in assigning baseball fields; competition remains fair to all. • Alex Vega, spoke of perceived instability in the City; opined that change in baseball field assignment will create one super league. • Barbara Lamere, resident of Windsor Village neighborhood, concerned with lease at Centennial Park with Rancho Santiago Community College District, need to recover open space area to benefit community. • Harvey Contreras, President of Valley Little League, spoke of extensive volunteer and free services for the benefit of the youth in our community. • Jaime Contreras, representing Valley Little League, baseball fields to benefit children in the community; supports new lottery system that assigns fields. • Juan Jose Rivera, President of the Orange County Regional Baseball League (OCRBL), formed adult league many years ago; League provides resources and financial assistance to youth programs; thanked the City for lottery system that has provided equality. • Henry Buenrostro, OCRBL, Coach at Santa Ana High School; commended teams for maintaining fields, important to maintain quality areas; thanked the City for lottery system and facilitating change. • Carlos Bonanni, urged the City to bring back the Fire Department to the City of Santa Ana in future. • Jacky Acosta, Cafe Calacas, opposes Business Improvement District (BID); agenda item 75D. CITY COUNCIL MINUTES 4 JULY 1, 2013 1 0A -4 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Sarmiento pulled Agenda Item 19D for separate discussion; and • Councilmember Amezcua pulled Agenda Item 23A for separate discussion. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Sarmiento Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A MINUTES OF THE REGULAR MEETING OF JUNE 17, 2013 — 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 SECOND READING ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE TO ALLOW THE AMOUNT OF ADMINISTRATIVE FINES AND PENALTIES TO BE SET BY RESOLUTION — Police Department and Planning and Building Agency Placed on first reading at the June 17, 2013 City Council meeting and approved by a vote of 5 -0 ( Pulido and Tinajero absent). Published in the Orange County Reporter on June 21, 2013. CITY COUNCIL MINUTES 5 1 0A -5 JULY 1, 2013 MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — None 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS — City Manager's Office and Personnel Services Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. Councilmember Sarmiento noted that City had standing Ad Hoc Committees for Fiestas Patrias and Cinco de Mayo celebrations. Former Councilmember was on committee and now need to appoint new committee members. Mayor Pro Tern Tinajero, Councilmembers Benavides and Sarmiento were nominated to serve on Ad Hoc Committee. MOTION: 1. Authorize the Mayor to establish a City Council 2013 Fiestas Ad Hoc Committee. 2. Appoint Mayor Pro Tern Tinajero, and Councilmembers Sarmiento and Benavides. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 6 JULY 1, 2013 iil�l�� NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 11 -016 — MANHOLE FRAMES AND COVERS — RENEW CONTRACT WITH ALHAMBRA FOUNDRY CO. FOR A ONE -YEAR PERIOD IN AN AMOUNT NOT TO EXCEED $40,000 (Public Works Agency) — Finance & Management Services 22B SPEC. NO. 12 -035 — SAFETY SHOES — RENEW CONTRACT WITH DEE'S SHOES, INC. DBA RED WING SHOE STORE FOR A ONE -YEAR PERIOD IN AN AMOUNT NOT TO EXCEED $30,000 — Finance & Management Services 22C SPEC. NO. 13 -024 — SAFETY GLOVES — AWARD A CONTRACT TO INTERBORO PACKAGING CORP. FOR A ONE -YEAR PERIOD, WITH PROVISION FOR THREE ONE -YEAR RENEWALS, IN AN ANNUAL AMOUNT NOT TO EXCEED $40,000 (Police Department) — Finance & Management Services PROJECTS /CHANGE ORDERS Councilmember Amezcua requested clarification on need to reject bids. Acting Public Works Director William Galvez provided background. MOTION: Reject all bids for the Flower Street Bike Gap Closure and authorize rebidding. MOTION: Amezcua SECOND: Martinez CITY COUNCIL MINUTES 7 1 0A -7 JULY 1, 2013 VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: ABSTAIN: ABSENT: AGREEMENTS None (0) None (0) None (0) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Item 25A through 25D) 25A AGMT NO. 2013 -100 - AMENDMENT - LIBRARY AUTOMATION SYSTEM TO PROVIDE DATABASE SUBSCRIPTION SERVICE AND MAINTENANCE IN AN AMOUNT NOT TO EXCEED $36,059, FOR A ONE -YEAR TERM -With The Library Corporation, Inc. - Parks, Recreation & Community Services Agency 25B AGMT NO. 2013 -101 - AMENDMENT- LANDSCAPE MAINTENANCE SERVICES FOR A SEVEN -MONTH TERM IN DISTRICT THREE PARK SITES IN AN AMOUNT OF $372,453.69, WITH A 10% CONTINGENCY FOR UNANTICIPATED WORK IN AN AMOUNT OF $37,245.37 FOR A TOTAL NOT TO EXCEED AMOUNT OF $409,699.06 - With Vista Del Verde Landscape, Inc. - Parks, Recreation & Community Services Agency 25C AGMT NO. 2013 -102 — AMENDMENT - LANDSCAPE MAINTENANCE SERVICES IN THE DISTRICT A (CIVIC CENTER) AND DISTRICT FOUR - With Midori Gardens for a 12 -month agreement amendment to provide landscape maintenance services in District A (Civic Center) in an amount of $222,252.00 with a 14% contingency for unanticipated work for a total not to exceed amount of $253,367.28 and one -month agreement extension on District Four, in an amount of $59,113 with a 10% contingency for unanticipated work for a total not to exceed amount of $65,024.30, for a total agreement amount of $318,391.58 - Parks, Recreation & Community Services Agency 25D AGMT NO. 2013 -103 — WEBCASTING SERVICES WITH GRANICUS INC. — In an amount of $34,132, which includes $15,400 in one -time cost, CITY COUNCIL MINUTES 8 JULY 1, 2013 illyx;� for an 18 -month period to automatically renew for an additional three terms of one year each — Clerk of the Council Office MISCELLANEOUS - BUDGET 29A INSURANCE RENEWALS - Personnel Services Agency MOTION: 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $1,465,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $450,000. 3. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $12,500. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A VARIANCE NOS. 2013 -02, 2013 -03 AND 2013 -04 TO PERMIT A NEW SINGLE - FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF - STREET PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET — BLANCA HERNANDEZ, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on June 10, 2013, by a vote of 7 -0. MOTION: Receive and file the staff report approving Variance No. 2013 -02 as conditioned, Variance No. 2013 -03 as conditioned and Variance No. 2013 -04 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 9 JULY 1, 2013 LL1 A , BUSINESS CALENDAR ITEMS AGREEMENTS (Non- routine) 25E REJECTION OF BIDS - FEDERAL GOVERNMENT LIAISON SERVICES (RFP 12 -075) - City Manager's Office Continued from the April 1, 2013 City Council meeting by a vote of 7 -0. Continued from the May 6, 2013 City Council meeting by a vote of 4 -3 (Amezcua, Martinez, and Tinajero dissented). Mayor Pulido motioned to amend recommended action #2 to ratify selection process by the City Council after Legislative Committee reviews matter; Councilmember Benavides seconded motion. Councilmember Martinez requested clarification from City Manager. City Manager O'Rourke and City Attorney Carvalho noted that Legislative Committee would define credential, process and interview candidates; item would be brought back for City Council for consideration. Councilmember Sarmiento indicated that temporary firm would be selected by City Manager; thus City would receive needed services until permanent firm selected. Mayor Pulido concerned with long -term selection and criteria. City Attorney Carvalho suggested that an oral report from Legislative Committee be provided to offer greatest level of transparency. Mayor Pulido concurred and noted that it was intent of the motion. MOTION: 1. Reject all bids for federal government liaison services Request For Proposals (RFP) 12 -075. 2. Request Mayor and City Council to direct the Legislative Council Committee to define the selection process for federal government liaison services, and authorize the City Manager to conduct the selection process as defined by the Legislative Council Committee. 3. Authorize the City Manager to retain federal government liaison services on an "as needed basis" at an hourly rate or on a month to month basis until a permanent federal lobbyist has been retained. CITY COUNCIL MINUTES 10 JULY 1, 2013 MOTION: Pulido SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F AGMT NO. 2013 -104 - MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER - Parks, Recreation & Community Services Agency Continued from the June 3, 2013 City Council Meeting by a vote of 7 -0 and from the June 17, 2013 City Council Meeting by a vote of 6 -0 ( Tinajero absent). Councilmember Benavides requested staff report. Parks, Recreation and Community Services Executive Director Gerardo Mouet provided background on facility and contractor at Cabrillo Tennis Center. Elson De Cantueria, owner and operator of Match Point Tennis Academy, LLC, remarked on operation and scholarship opportunities offered to Santa Ana residents or Santa Ana Unified School students; approximately 80 -110 students participate. Mayor Pulido proposed that non - profit organizations be allowed to coach students; allow public access to Santa Ana residents. Councilmember Martinez thanked operator for allowing 3 courts to be made available to Santa Ana residents. Councilmember Sarmiento noted that facility is public resource, well maintained and available to low- income residents. Contractor has agreed to co -exist with other non - profit organizations. Staff to work with school district to identify potential scholarship recipients. Also, noted that there are 3 courts with structural damage that would need to be rebuilt; Academy cost is approximately $30 -40. Mayor Pulido proposed a three month re- opener be included in contract. Executive Director Mouet noted that current 6 -month provision allows sufficient time to re- program events. Contractor noted that some leagues CITY COUNCIL MINUTES 11 1 0A -11 JULY 1, 2013 have 6 -12 month contracts in place, thus a three- month re- opener not feasible. Mayor Pulido indicated that there was a potential donor to build 2 new courts and that they should be excluded in contract. City Attorney Carvalho noted that City entering into a non - exclusive contract; operating and license agreement only; no disruption of current services expected. Councilmember Benavides requested regular updates. Councilmember Reyna expressed concern with five year contract and recommended a three -year contract. AMENDED MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement, with Match Point Tennis Academy, LLC in an annual amount of $48,000 for the management and operation of the Cabrillo Tennis Center for a five -year term subject to non - substantive changes approved by the City Manager and City Attorney, and exclude any future courts from provisions of current contract. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: Reyna (1) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -02 TO REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M -1) TO SPECIFIC DEVELOPMENT NO. 85 AT 1400 -1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE — MAKENA PROPERTIES, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on June 10, 2013 by a 7 -0 vote. Legal Notice published in the Orange County Reporter on June 21, 2013 and notices mailed on June 20, 2013. Mayor Pulido opened the Public Hearing. There were no speakers. CITY COUNCIL MINUTES 12 1 0A -12 JULY 1, 2013 75B No written communication; the Hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. 2846 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1400 -1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85 (SD -85) (AA NO. 2013 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 85 (SD -85) FOR SAID PROPERTY MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARING — RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS - Planning and Building Agency Legal Notice published in the Orange County Reporter on June 21, 2013 and notices mailed on June 20, 2013. Mayor Pulido opened the Public Hearing. There were no speakers. No written communication; the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2013 -034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 13 JULY 1, 2013 1 0A -13 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75C PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2012 -2013 - Public Works Agency Legal Notice published in the O.C. Reporter on June 21, 2013 and notices mailed on June 20, 2013. Mayor Pulido opened the Public Hearing. There were no speakers. No written communication; the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2013 -035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) *Councilmember Martinez reported a potential conflict of interest on Agenda Item 75D due to residency within 500 feet of subject area, and left the dais for the duration of discussion, and did not return to the meeting. 75D PUBLIC HEARING — 2013 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT - Community Development Agency - Set for public hearing at the June 17, 2013 City Council meeting by a vote of 4 -0 ( Amezcua dissented, Martinez abstained, and Tinajero absent). CITY COUNCIL MINUTES 14 1 0A -14 JULY 1, 2013 Legal Notice published in the Orange County Register on June 21, 2013; Notices mailed on June 20, 2013 (certified mail) and June 24, 2013 (first class mail) by the Community Development Agency. Sandy Gottlieb, Acting Executive Director of Community Development presented staff report. Mayor Pulido opened the Hearing. The following business owners addressed the City Council: • Ebrahim Duel, MD, opined that need for BID when originally formed in 1984 different than now; spoke in opposition of BID assessment. • Walter Friedman, spoke in opposition to BID and noted that many businesses do not benefit, which is a requirement of State Code. • Manuel Pena, does not support BID; area continues to be divided. • Ryan Chase, spoke in support of BID; opined that area has been revitalized. • Sara Escalante, Executive Director of newly formed Santa Ana Business Council, organization will emphasize on small, day -time business and family events; 10% will be administrative costs and the balance to advertise and promote events; create family energy. • Raul Yanez, spoke in support of BID; advertising /promotions needed to attract buyers — need to have free public facilities such as parking and restrooms. • Adolfo Lopez, spoke in support of BID, founding member of BID that opined program works; need directory of businesses. • Gustavo Barcenas, spoke in opposition of BID; proposed that vending trucks also be included in assessment Clerk of the Council Huizar reported that a total of 58 protests had been received, 53 validated and represent 6.21% of the total BID assessment value. City Council discussion ensued. City Manager O'Rourke reported that boundaries same as 1984 boundaries and applies to business owners. Extensive outreach provided by staff. Councilmember Benavides questioned the billing cycle. City Attorney Carvalho noted that the 2014 assessment year will be brought to City Council for consideration in the Fall; staff will revisit the district's boundaries and formula for assessments and recommend any changes needed to make the levies more fair in the future. Councilmember Sarmiento noted the importance of the downtown's retail and family- oriented businesses to the city through the years. Councilmember Amezcua concerned that only protest forms considered; asked what percentage businesses having taxes doubled. Finance CITY COUNCIL MINUTES 15 JULY 1, 2013 1 0A -15 Director F. Gutierrez stated that at this point license fees have not been analyzed. Councilmembers Reyna and Amezcua to serve on an Ad Hoc Committee focused on effort. Mayor Pulido closed the Hearing. MOTION: Adopt a resolution confirming the Assessment Report and levying the assessment for 2013. RESOLUTION NO. 2013 -033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR CALENDAR YEAR 2013 MOTION: Amezcua VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) Martinez (1) None (0) Reyna, Pulido, CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 10:16 P.M. AND RECONVENED AT 10:17 P.M. WITH SAME MEMBERS PRESENT. r.nMMFNTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Thanked Chief Rojas for commemoration ceremony held earlier today for fallen Santa Ana Police Sergeant John Aguilar; CITY COUNCIL MINUTES 16 iillym � JULY 1, 2013 • Appreciate colleagues' efforts on items considered at tonight's City Council meeting specifically the Business Improvement District and private - public partnership at tennis center; and • Congratulated all for successful 4th of July celebration; will work with staff to hold event on the 4th of July next year. Mayor Pro Tern Tinajero: • Thanked staff for efforts in organizing 4th of July event and wished all a happy and safe 4th of July. Councilmember Amezcua: • Attended NALEO conference along with Councilmembers Reyna, Benavides and Martinez; and • Wished all a safe and sane 4th of July. Councilmember Reyna • Thanked water district for presentation and encouraged all to be drought minded; • Attended NALEO conference in Chicago; • Invited residents to take advantage of free residents day at Discovery Science Center; • Attended 4th of July event; and • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Commended staff on 4th of July event; great community event; • Wished all a happy and safe 4th of July; • Encouraged all to attend the monthly art-walk; 2nd Annual Santora festival; • Partook in the NALEO conference held in Chicago; and • Reported that municipal tax bonds at the federal level are being considered for reductions; important to contact federal representatives to voice opposition. Mayor Pulido: • Thanked Councilmember Benavides for referring 3 art projects; proposed local artist work on electrical boxes in the downtown; set -up mechanism to explore public art options; requested an 85A agenda item on topic for City Council discussion; • Reported that he attended meeting on June 19, 2013 in Sacramento with State Governor Jerry Brown to discuss local government issues; • Adjourned meeting in memory of Former Santa Ana Mayor Gordon Bricken. Councilmember Amezcua left at 10:25 p.m. and did not return. CITY COUNCIL MINUTES 17 JULY 1, 2013 1 0A -17 ADJOURNED - Maria D. Huizar, Clerk of the Council 10:38 P.M. - The next meeting of the City Council is scheduled for Monday, July 15, 2013 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. Adjourn in Memory of Former Mayor and Councilmember Gordon Bricken FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Study Session on Entertainment Ordinance • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 18 JULY 1, 2013 ii[ll_d_E:� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: ORDINANCE SECOND READING: AMENDMENT APPLICATION NO. 2013 -02 TO REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M -1) TO SPECIFIC DEVELOPMENT NO. 85 AT 1400 -1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE (MAKENAIPFP RTIES) &I , CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On July 1, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2846 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1400 -1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85 (SD -85) (AA NO. 2013 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 85 (SD -85) FOR SAID PROPERTY FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2846 11 A -1 11 A -2 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1400 -1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85 (SD -85) (AA NO. 2013 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 85 (SD -85) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2013 -02 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 1400 -1441 South Village Way and 2100 East Wilshire Avenue from Light Industrial (M1) to Specific Development No. 85 (SD -85). The Specific Development No. 85 zoning district (SD -85) would allow manufacturing, warehouse and wholesale uses as well as commercial uses that are consistent with and support the surrounding industrial tenants. These uses include retail, restaurants and indoor sports facilities. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 10, 2013, on Amendment Application No. 2013 -02 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -02, which is consistent with the General Plan. C. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 1, 2013. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 1, 2013 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2013 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 11 A -3 Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009 -187 will be filed for this project. Pursuant to Title XIV, California Code of Regulations ( "CCR ") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 1400 -1441 South Village Way and 2100 East Wilshire Avenue in Santa Ana is hereby reclassified from Light Industrial (M1) to Specific Development No. 85 (SD -85). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 85 (SD -85), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2013. Miguel A. Pulido Mayor 11 A -4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 11 A -6 LSHIRE AV WILSHIRE AV ■■ O WILSHIRE Av S ■' O � 51 a - WILSHIRE AV � - -- B�V � C GURNEY BR O aDRGHARDAY � ■ �� � i ■f �� �_ stye N� ■s ■ EGINGER Av EGINGER AV EDINGER AV EDINGER AV ' It.,mmom ■ ■ POND, ONA $T PONONA ST P occaErrtAL er m QO sT..GREW PL STANOREW P L ST ANDtjfly lL aTANOREw PL 4j GLENWOGGPL I Z W , „I ■ s CITY OF TUSTIN ST GERTRUOE PL ■ 3 • OJ ■� NEWRoRTt 1� Q AYWOOG AV WARNER AV SECTIONAL DISTRICT MAP 20-5-9 50ALE IN FEET Zoning District ADOPTED BY THE SANTAANACITY COUNCIL, MARCH 2, 1959 BY ORDINANCE NS-363 0 loon 60- MINIMUM FRONTAGE -6000 MINIMUM LOT AREA Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Tr4s M^P ISTI- EazlaxgtnawL C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE asllacr MaPa =T1-E aTVo= swrAa,A C1-MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO - FAMILY RESIDENCE ASNNO7 ZED BYED1CQK]L Faaimww7alq OAT ®11 -1 &74,1 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE rES�r.�TESTTFwrn4sMwlsATyae OFY Q=T£ QaaNAL.�$",11CTYLa$TRIE. -y C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT MAPN] 20S#, C3 -A CENTRAL BUSINESS - ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE 5'1 C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT JAYTREVINO EXECUTIVE DIRECTOR C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN PLANNING& WILDING AGENCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT caO.-Dale May 9.2007 RES IAA IANX. NO. ORD. I RES. NO ADOPTED DATE IRIS IAA. / AN %. NO ORD, I RES. NO ADOPTED DATE RES.IAA. /AN %..0.5267 5483 5779 -- 5922 7031 5928 6044 1 AA 1037 1 AA 1065 1 AA 994 A. AD3 -3 1 A.A.13 -2 ORD. /RES. NO NS420 I NS -500 I NS839 NS144 NS -1022 - -- NS -1043 NS- 1193 90036 NS -2214 NS -2400 NS -2650 T80 ADOPTEDDATE 12 -7 -59 2- 20.61 1 4-4-64 4 -18-66 7-6 -70 4 - &70 10-570 112-17-7314-2-90 1 -1 894 8-1699 53-04 1 7 -1.13 SEC-FIC)NAL DISYRICY • • PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA f JHA REVISED 1125108 s 'i SPECIFIC DEVELOPMENT PLAN NO. 85 McFadden Place SECTION 1 — APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 85 for McFadden Place is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 85 contains the specific standards and regulations contained in the Cl and/or M1 districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 — PURPOSE The Specific Development Plan No. 85 for McFadden Place consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses permitted in Specific Development No. 85 The following uses are permitted in the SD -85 district: (a) Retail and service uses (b) Professional, administrative and business offices (c) Gymnasiums (d) Restaurants, cafes and eating establishments, except drive through window service (e) The manufacture of products from raw or previously treated materials, excluding those uses specified in Section 41 -489.5 of the SAMC (f) The assembly of products from raw or previously treated materials, excluding those uses specified in Section 41 -489.5 of the SAMC (g) The packaging or distribution of previously prepared products or materials, excluding those uses specified in Section 41 -489.5 of the SAMC (h) Wholesale establishments where the primary trade is business to business sale of products, supplies and equipment EXHIBIT B 1 of 4 11 A -9 (i) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure 0) Sale of industrial products, supplies and equipment used for final product manufacture (k) Warehousing (1) Movie, photography, musical or video production studios SECTION 4 — Uses subiect to a conditional use permit in Specific Development No 85 (a) Outdoor and indoor recreation or entertainment uses other than those set forth in Section 41 -365 of the SAMC (b) Indoor sports facilities (c) Wireless communication facilities (d) Eating establishments with drive through window service SECTION 5 — Minimum lot area in Specific Develo ment No. 85 Lots shall have an area of at least 13 acres. SECTION 6 — Minimum street frontage in Specific Development No 85 Lots shall have street frontage of at least 200 feet. SECTION 7 — Building height in Specific Development No 85 No structure shall exceed 50 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 — Lot coverage in Specific Development No. 85 No more than 40 percent of the lot shall be covered by structures. SECTION 9 — Front yards in Specific Development No. 85 There shall be a front yard of not less than 20 feet from the street. SECTION 10 — Side yards in Specific Development No 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. 2 of 4 11A -10 SECTION 11 — Rear yards in Specific Development No. 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. SECTION 12 — Development standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) A landscaped planter not less than 10 feet in width is required along any property line that abuts any property which is neither zoned or has a general plan land use designation. (c) All storage, compounding, processing, packaging or assembly of products shall be conducted within a completely enclosed building. SECTION 13 — Parking standards in Specific Development No. 85 (a) Off - street parking shall comply with the standards set forth in sections 41 -1300 through 41 -1310 of the SAMC, with the exception of the uses identified below. (b) Parking for commercial uses shall be parked at a rate of one space per 350 square feet of gross floor area (c) Parking for industrial uses shall be parked at a rate of two spaces per 1,000 square feet of gross floor area SECTION 14 — Signage standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41 -850 through 41 -1000 of the SAMC, with the exception of the standards identified below. (b) Six freeway oriented blade signs are permitted on the buildings located at 1411 Village Way (two on the building) and 1421 -1427 Village Way. These blade signs shall not exceed seven feet in width and 16 feet in length. 3of4 11A -11 SECTION 15 — Landscape standards for Specific Development No. 85 In the SD No. 85 district, all yards shall be landscaped. The site shall comply with the following minimum requirements: (a) Front/side yard facing a street: (1) Two 24 -inch box canopy trees. (2) All trees shall be double - staked. (3) Six five- gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well- rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Irrigation systems: (1) A pop -up sprinkler type irrigation system shall be provided for all yards (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (c) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (d) Maintenance: (1) All plant material shall be maintained per section 41 -609 of the Santa Ana Municipal Code. VF \Specific Developments \SD No.85 McFadden Place.052913 4of4 11A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the Finance and Management Services Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. Attachment: Memorandum for Request for Destruction of Records — Finance and Management Services Agency 19C -1 19C -2 From: Francisco Gutierrez, Executive Director - .,Zj ` Subject: Destruction of City Records Finance & Management Services Agency requests your consent to destroy the following city records in accordance with the retention schedule outlined in City Council Resolution 2013 -014. Record Category Record Series Date Accounts Payable Distribution Register (AP70) Fiscal year 2002 & prior Vendor Claim Check Register (AP65) Vendor Payment Documents for Grants and Capital Projects ccounts Receivable MAR History Files Fiscal year 2009 & prior MAR Receipts MAR EOM Reports Accounting & Budget PS295 Project Reports Fiscal year 2002 & prior CIP Reports Misc. Grants & Project Folders Capital Asset and Capital Asset Analysis Report Fiscal year 2009 & prior Property Transfer Audit CAFR Working Paper Fiscal year 2009 & prior CAFR Statistics Working Paper ,/Housing Assistance Housing Payment Register Fiscal year 2009 & prior Journal Vouchers Journal Vouchers Fiscal year 2002 & prior Labor Labor Distribution Fiscal year 2002 & prior Internal Service Fund 86 -Labor 'Payroll Documentation Time Exception Sheets Fiscal year 2002 & prior Purchasing Documents Cash Requirements (AP50) Fiscal year 2009 & prior -Stores Documentation Inventory Reports (IN150) Fiscal year 2010 & prior CONSENT: L a Storck Assistant City Attorney 19C -3 19C -4 MEMORANDUM Lisa Storck To: Assistant City Attorney Date: July 3, 2013 Senior Management Analyst From: Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 98 -088. Terri R. Eggers 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2013 Record Record Category Series Record Description Record Dates HOUSING Applications Purged Applications from Jan - Dec 2009 AUTHORITY Waitin List 5 boxes HOUSING Vouchers Expired Housing Choice Vouchers Jan - Dec 2009 AUTHORITY 2 boxes HOUSING Tenant Files Terminated Tenant Files Jan - Dec 2009 AUTHORITY 136 boxes HOUSING FSS Files Terminated /Graduated FSS files (4 Jan - Dec 2009 AUTHORITY x PREPARED BY: qj Terri Eggers I ( . Date Senior Manage . nt Analyst Community Development Agency RECORDS DESTROYED: 147 boxes Number of boxes CONSENT BY: (I rr Sandra D. Gottlieb Date Interim Executive Director Community Development Agency 19C -6 APPROVED BY: 3 Sonia R. Carvalho D City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH FOSAZ FOR ❑ As Recommended DESIGN AND CONSTRUCTION OF A ❑ As Amended NEW OCELOT EXHIBIT AT THE SANTA El Ordinance on Reading El on 2 I d Reading ANA ZOO (PROJECT NO. 13 -2636) ❑ Implementing Resolution El Set Public Hearing For_ CONTINUED TO FILE NUMBER iv RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute a funding agreement with Friends of Santa Ana Zoo for the development of a new ocelot exhibit at the Santa Ana Zoo at Prentice Park, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a professional services agreement with ELM, Inc., for the development of contract documents for a new ocelot exhibit at the Santa Ana Zoo at Prentice Park, subject to non - substantive changes approved by the City Manager and City Attorney 3. Approve an appropriation adjustment accepting $350,000 in donations from FOSAZ in the PRCSA Fees and Donations revenue account (02213002- 57081) and appropriating the same into the PRCSA Fees and Donations expenditure account (02213200- 66220) for a new ocelot exhibit project at the Santa Ana Zoo at Prentice Park. DISCUSSION These recommended actions will appropriate documents so that the ocelot exhibit project can for early 2014. funds and enable preparation of construction be competitively bid. Construction is anticipated In partnership and alignment with the City of Santa Ana, Parks, Recreation & Community Services Agency's goal of advancing the Master Development Plan for the Santa Ana Zoo, Friends of Santa Ana Zoo ( FOSAZ) launched an aggressive fundraising campaign for a new ocelot exhibit in 2010. Due to their efforts, FOSAZ has raised $350,000 through grants and private donors. The City will be providing matching funds in the amount of $40,000 to begin the design process. 20A -1 Agreement with FOSAZ for a New Ocelot Exhibit at Santa Ana Zoo July 15, 2013 Page 2 The Santa Ana Zoo Master Plan focuses on the Neotropics, which geographically encompasses the southern portion of Mexico, and Central and South America. Ocelots, also known as dwarf leopards, are wild cats found throughout this region. The Zoo has historically supported the Brazilian Ocelot Consortium and the Ocelot Species Survival Plan, and participates in the Felid Taxon Advisory Group. These organizations all assist with conservation and habitat preservation for this threatened South American cat. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, an environmental review was conducted, resulting in Categorical Exemption No. 2013 -54 being filed for this project. FISCAL IMPACT Funds in the amount of $350,000 for the ocelot exhibit project will be deposited into the PRCSA Fees and Donations revenue account (02213002- 57081) and appropriated into the PRCSA Fees and Donations expenditure account (02213200- 66220). Matching funds for exhibit design in the amount of $40,000 has been identified from project balances in Account 05113263- 66220. - Raul Godinez II,( P Executive Direct Public Works Agency Gerardo Mouet T Executive Director Parks, Recreation, & RG /J G APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez3 Executive Director Finance & Management Services Agency munity Services Agency Exhibits: 1. Project Location Map 2. Funding Agreement 3. Professional Services Agreement, with referenced attachments al . FUNDING AGREEMENT FOR THE DEVELOPMENT OF A NEW OCELOT EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement ") made and entered into this _day of July 2013, by and between the City of Santa Ana, a charter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California (the "City "), and the Friends of the Santa Ana Zoo, a California non -profit corporation (the "FOSAZ "). RECITALS A. The FOSAZ, a California non -profit organization, is generating support revenue and donations for the City to operate and develop the Santa Ana Zoo at Prentice Park ( "Zoo "). B. City and FOSAZ desire to develop a new ocelot exhibit (hereafter "the Project ") at the Zoo. C. The City will enter into a separate professional services agreement with an architectural consultant to prepare construction plans and specifications ( "Contract Documents ") D. The City will facilitate and oversee the process to refine the conceptual plans, undergo design development and prepare the Contract Documents for the Project, manage the bidding process, construct and inspect the Project to ensure that the Project is built per the Contract Documents and meets all governmental codes and requirements. E. The FOSAZ will provide funding for the Project and solicit further in -kind donations of materials and labor for ancillary elements which complement the project. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: 1, Scope of Agreement The purpose of this Agreement is to provide for funding of the ocelot exhibit at the Santa Ana Zoo at Prentice Park (the "Project "). The FOSAZ have raised funds in grants and contributions in the amount of Three Hundred Fifty Thousand Dollars ($350,000) which will be contributed to the City for design and construction of the Project (the "Friends Funds "). 2. City Duties A. City shall take the lead to prepare plans and specifications for the design and installation of the Project. City Zoo staff shall provide guidance and input pertaining to the design, plans, specifications and installation of improvements of the exhibit. Said plans and specifications shall be in conformity with all applicable federal, state and local laws and regulations. EXHIBIT 2 20A -5 B. City shall enter into a professional services agreement with a qualified architectural firm to finalize the design and prepare Contract Documents. C. City shall advertise and solicit bids through a competitive public process to obtain a qualified General Contractor. D. City shall award the Construction Contract and issue the Notice to Proceed for the Project upon receipt of funds as described below under Section 3B. E. City shall manage and oversee Project installation using staff to inspect and approve all phases of the Project, to ensure conformance to Contract Documents, Public Contract Code, and all applicable federal, state and local laws and regulations. F. The construction of the Project shall be funded solely through the donation of Friends Funds. City shall supply the FOSAZ with quarterly written progress reports which will include financial information in the format specified by FOSAZ. Any unused funds upon completion shall be returned to the Friends. 3. The FOSAZ Duties A. FOSAZ shall provide funding for the Project upfront and will be able to provide input and comments to the City regarding the design of the Project. B. FOSAZ shall transfer to City, Friends Funds including grants and contributions which have been collected on behalf of the City for the Project. Said transfer to the City shall occur prior to the City award of a construction contract and the Notice to Proceed. C. FOSAZ shall continue to fundraise on behalf of the Project as necessary, and to transfer grants and contributions to the City during construction, as they are raised by the FOSAZ. D. A representative selected by the FOSAZ shall provide input pertaining to the design and installation of the project. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the City's approval of the Project. If, for any reason, the construction of the Project does not begin in earnest by March 1, 2014, the City shall then return the Friends Funds to FOSAZ. Ownership and Maintenance The ocelot exhibit shall, at all times, be the property of City, and City shall have maintenance responsibilities thereof. 2 4IM1111161" 6. Preparation and Ownership of Documents It is hereby understood that any and all documents pertaining to the Project design and construction, including applicable "as- built" drawings, will be created in accordance with the highest professional quality. All development documents and drawings shall remain the property of the City. 7. Financial Requirements The City shall account for all funds requested by and released pursuant to this Agreement and the disbursement thereof. The City shall maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the City. Such records shall be maintained by qualified personnel and may be accessed in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and City reporting requirements. 8. Indemnification City agrees to save, indemnify, defend and hold harmless, FOSAZ, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including but not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement by the City and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the City in the performance of this Agreement. 9. Conflict of Interest The following protections against conflict of interest will be upheld: A. City and FOSAZ certify that no member, officer, or employee of the City and/or FOSAZ or its designees or agents, and no other public official of City and /or FOSAZ who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for at least one (1) year thereafter. B. City and FOSAZ certify that no one who has any financial interest in this Agreement or receives compensation for services from City or FOSAZ is related by blood or marriage within the third degree to the Mayor or any one or more of the members of the City Council, City Manager, or the head of the department and/or FOSAZ' Board to which these services are to be provided pursuant to this Agreement. 20A -7 10. Governing Law This Agreement shall be governed by the laws of the State of California with venue in Orange County. 11. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 With a copy to: Parks, Recreation and Community Services Agency 26 Civic Center Plaza (M -75) Santa Ana, CA 92701 ATTN: Executive Director FOSAZ: Friends of the Santa Ana Zoo 1801 E. Chestnut Santa Ana, CA 92701 ATTN: Executive Director 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At commencement of construction of the Project, at least one temporary sign acknowledging FOSAZ' assistance shall be located on or near the Project site. This sign may indicate the percentage and /or dollar amount donated by FOSAZ and its donors. Signage may be provided by the FOSAZ for City to direct its chosen contractor to display at the Project construction site. Project signs shall remain installed until completion of the Project. FOSAZ and City shall cooperate in the design and placement of permanent donor recognition signage for the Project. 4 41L'111196'� IN WITNESS WHEREOF, the parties hereto have executed this Funding 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 Kevin O'Rourke Interim City Manager FOSAZ FRIENDS OF THE SANTA ANA ZOO Cathi Decker Executive Director T1 I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15`h day of July, 2013 by and between ELM, Inc., a Subchapter S corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of architectural design and preparation of construction documents to design and prepare necessary documents for the proposed new Ocelot Exhibit at the Santa Ana Zoo at Prentice Park. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide architectural and exhibit design; civil engineering; structural engineering; mechanical, electrical and plumbing plans and landscaping design services resulting in contract documents for a new Ocelot Exhibit at the Santa Ana Zoo, as set forth in Consultant's Proposal dated July 8, 2013, attached hereto as Exhibit A and incorporated by reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be Chris Overdorf, ASLA, or his 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. DELIVERY OF WORK PRODUCT - OWNERSHIP a. Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. b. Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, pursuant to this Agreement shall be the property of the City, Consultant agrees to EXHIBIT 3 20A -11 provide City with any such materials whenever requested to do so. The City agrees, however, that plans, drawings or other work product may be used only for the project described herein. c. Except as set forth in section 3.d., below, services, papers and documents provided by Consultant pursuant to or arising out of this Agreement are for the exclusive use of the client for this project only and may not be reused for other projects by the client without Consultant's written consent. Preliminary and other unsigned plans and drawings are not intended to be used for construction. All final plans will be signed. The Consultant is not responsible for plans not signed by the Consultant. d. City may utilize said plans, specifications and documents in connection with the future expansion or remodel of the Ocelot exhibit at the Santa Ana Zoo. City shall release Consultant from liability for City's use of said plans in connection with the remodel, expansion of the exhibit, unless the parties agree otherwise, in writing. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $50,000 during the term of this Agreement. b. Consultant and City may agree upon the performance of additional work beyond the scope of the Proposal. Such agreement shall be in writing executed by the Executive Director of Public Works and Consultant. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Invoices shall be submitted monthly. Each invoice shall set forth the services completed in relation to each Phase in the previous month, the percentage of each Phase completed and invoiced, and the total project budget invoiced. 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. 5. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier in accordance with Section 14, below. The term may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 20A -12 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 negligence, recklessness or willful misconduct of Consultant 3 20A -13 arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 FAX 714 - 647 -6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 FAX 714 - 647 -5635 And City Attorney 4 20A -14 City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 FAX 714- 647 -6515 To Consultant: ELM- West Maritime Building 911 Western Avenue, Suite 575 Seattle, Washington 98104 FAX A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of 5 20A -15 the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 41l_dI1 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 Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager ELM, Inc. CHRIS OVERDORF, ASLA Principal 20A -17 41l_d_E;,� Maritime Building 911 Western Ave. - Suite 575 Seattle, WA 98104 tel 206 859 6485 July 8, 2013 City of Santa Ana c/o Suzi Furjanic 20 Civic Center Plaza Santa Ana, CA 92701 RE: Santa Ana Zoo Ocelot Habitat Professional Design Services Santa Ana, CA ELM Project # 12 -37.1 Dear Suzi, As requested, I have revised our Proposal for Professional Design Services dated January 14, 2013 addressed to Cathi Decker, Executive Director Friends of Santa Ana Zoo (FOSAZ) to include all necessary disciplines and include . PROJECT UNDERSTANDING Based on our current understanding our updated proposal reflects the following modified assumptions with respect to the project and Scope of Work: 1) Anticipated construction budget in the range of $200,000 - $215,000. 2) City of Santa Ana will supply a copy of the 2008 site survey to be used for the project. It is assumed that any missing survey information will be supplied by the City of Santa Ana. 3) City of Santa Ana will supply necessary geotechnical information as requested from ELM's structural engineer. 4) Travel expenses will be economized through the use of web -based conferencing and other communication tools and technologies, with on -site travel limited only to the most critical project phases and tasks. 5) An appropriate Scope of Work and associated Professional Fee for Construction Observation /Administration will be determined subsequent to this Agreement, based upon an updated understanding of the actual project needs. APPROACH TO SERVICES The following Scope of Work includes architecture and exhibit design disciplines for the purpose of creating Construction Documents for the Ocelot Habitat at the Santa Ana Zoo, suitable for competitive bid and construction. The project team consists of: • ELM I Seattle, WA — Providing architectural and exhibit design. (Exline Design will be the project's Architect of Record, with ELM coordinating the project management and production effort) • Ron Glazier I Bellingham, WA — Providing advisory zoological planning consultant services, contributing in -depth knowledge, familiarity, and history of the zoo's campus. • Krech Ojard I a CA registered structural engineering consulting firm who specializes in catenary structures for zoological institutions. • Robert Foley & Associates I Seattle, WA — a civil engineer who specializes in civil infrastructure projects for small parks & recreation organizations. • Southland Energy Consultants — a Laguna Beach electrical and plumbing consulting firm recommended by Steve Sloan and Ron Glazier. EXHIBIT A ANTICIPATED SCOPE OF WORK The "Ocelot Habitat Exhibit" as represented shall include, but not limited to, Habitat /Exhibit Areas, Holding Buildings, Landscape & Irrigation Design, Public Walkways & Gathering Areas, and Fencing all based on the concept design workshop facilitated by ELM. In order to facilitate an efficient design process and to and meet your funding milestones, we suggest the following work structure, organized around sequential project Phases, as described below: PHASE I — SCHEMATIC DESIGN Task A — Project Kickoff Meeting The ELM Team will facilitate a one -day schematic design review meeting on -site at the zoo to evaluate the concept design, attached herein as an Exhibit, with the City of Santa Ana Public Works Agency, zoo staff and veterninarians, and FOSAZ leadership. During this meeting we will also review available existing site data (surveys, utility information) and identify missing information that will be needed by the design team and identify the best way to gather that information. During this meeting ELM will establish and present an overall project workplan and schedule. Because of the time - and - budget - critical nature of the project it is absolutely crucial that a shared understanding of the design process, critical schedule milestones, and project objectives are understood. A communication structure and issue - resolution process will ensure that potential conflicts are identified and resolved proactively as a part of the design effort, before they become costly problems during construction. Task B — Schematic Design Package Using the last known detailed site survey as a base (or most accurate /appropriate survey as determined with the Client), ELM will develop a schematic design package that will include the following. Exhibit Site Plan Schematic Layout Plan & Materials Schematic Floor Plans of the Holding Sheds and Exhibits Roof Plans Building & Exhibit Sections Site Elevations Schematic Typical Wall Sections Task C — Schematic Design Review ELM will facilitate a web - conference with appropriate members of the City of Santa Ana Public Works Agency, FOSAZ and Santa Ana Zoo staff to review the Schematic Design Package. During this meeting, the Client will provide input and comment as appropriate, and the design team will document the outcome of the meeting. It is anticipated that necessary changes will be identified during this meeting, and that the Client will provide approval of Schematic Design with the design team reflecting project team input during the subsequent Design Development Phase of Work. 10 20A -20 PHASE II — DESIGN DEVELOPMENT Task A — Design Development Package The design team will further develop the design solution during this phase to a 60% level -of- completion, describing the dimensions, configuration, surfaces and selected materials and systems to be used. Included in this phase of work will be a cursory code research, including a summary of permitting requirements. The Design Development Package will include: Site development CAD Base Plan Building /Floor Plans Typical Building Cross - Sections Exhibit Barrier Plans Preliminary Landscape Site Details Special design features Outdoor furniture / Fixtures / Equipment Outline specifications Definition of Structural Systems Storm and Sanitary Sewer System Diagram Civil Plan Electrical system and lighting diagram Task B — Design Development Review ELM will facilitate a web conference to gather feedback from the City of Santa Ana Public Works Agency, Zoo staff, FOSAZ, and the project consultant team. During this conference, refinements to the plan will be presented to the project team for review, input, and approval. All client- requested input and refinements will be completed during the subsequent Construction Document Phase of Work. Task C — City of Santa Ana pre - submittal meeting City will schedule and facilitate a pre - submittal meeting with appropriate members of the City of Santa Ana parks, public works, and /or building departments to review the proposed scope of work and to confirm the preliminary findings with respect to the project team's code research. Task D — Design Development Cost Evaluation During the course of the Design Development Phase, ELM will prepare a corresponding cost evaluation for the purpose of providing a general order -of- magnitude understanding of the project's potential construction cost. PHASE III —CONSTRUCTION DOCUMENTS Task A —Construction Document Preparation Following completion and approval of the design development package, ELM will complete architectural & exhibit site design construction document package design describing the dimensions, configuration, surfaces and selected materials and systems to be used in the project's construction, suitable for competitive bid and construction. At 50% and 90% completion of Contract Documents, ELM will provide a progress set 11 20A -21 in .pdf format for internal plan check and permitting. Following the review periods, plan check comments will be returned to ELM who will incorporate all noted changes and revisions. If deemed necessary, ELM will facilitate a web - conference with City of Santa Ana Public Works Agency, Zoo staff, FOSAZ, and the project consultant team to review the plans and resolve necessary items requiring coordination. It is anticipated that the following will be included as a part of the project's Construction Documents, delivered in the form of print -ready PDF files. • Cover Sheet • Demolition Plan /Protection Plan • Civil Engineering Drawings • Grading Plan • Drainage Plan • Construction Layout Plan for site improvements, including walkways, fence lines, areas, exhibit and holding building footprints • Construction Notes and Details • Architectural Drawings (Exhibit and Holding Facilities) • Floor Plan • Sections • Elevations • Schedules • Roof Plan • Architectural Details • Structural Engineering Drawings • Foundation Plan • Roof Framing Plan • Structural Notes and Details • Structural Calculations • Mechanical, Electrical and Plumbing Plans and Details • Landscape and Irrigation Plans • Technical Specifications (City of Santa Ana to provide "boiler plate" specs) Task B —Bid Assistance ELM will provide assistance in preparation of bid forms and during project bidding. Task C — Construction Observation ELM will provide assistance as requested with construction observation. These services are not included as a part of this Scope of Work, but will be completed as requested on an hourly time and materials basis as appropriate, or in accordance with a suitable fee agreement to be established subsequent to this agreement. 12 20A -22 SCHEDULE ELM will commence work immediately upon Authorization to proceed, and will structure work to meet all reasonably - established deadlines to be determined together with the Client. ELM will commit appropriate staff to complete necessary work in accordance with agreed -upon timeframes and project milestones. The overall project design schedule is broken down as follows: Schematic / Design Development One Month Construction Documents One Month Bidding Support One Month PROFESSIONAL FEES ELM will complete the Scope of Work described above for professional fees as follows: Schematic Design $ 11,680.00 — fixed professional fee Design Development $ 13,420.00 —fixed professional fee Construction Documents $ 21,740.00 —fixed professional fee In addition to fees for ELM's professional services, costs incurred during the performance of this work including reproduction /printing, travel /mileage, conference call services, and similar direct project expenses will be considered reimbursable expenses and include an administrative fee of 1.15 %. Terms of Agreement are included. It is anticipated that Reimbursable Expenses will not exceed $2,500.00 Total Professional Services Fee (NTE: including Expenses): $49,340.00 ELM's entire staff and project team is very excited about the opportunity to work with the Friends of Santa Ana Zoo and Zoo Staff to create an outstanding Ocelot Habitat exhibit for the zoo and the community of Santa Ana. Our team is confident that it will bring amplified value to the City of Santa Ana, its residents, and zoo guests. Best regards, Chris Overdorf, ASLA Principal 13 20A -23 TERMS OF AGREEMENT BASIS OF COMPENSATION ELM fees for professional services are based on the hours spent on a project or phase of design, with a not to exceed maximum per Phase. Principal time is billed at $185 /hour with designers and support personnel billed from $40 /hour to $163 /hour as appropriate. Reimbursable expenses are billed at cost plus an administrative fee of 1.15% in addition to the fees for professional services and shall include all travel - related expenses, long distance telephone calls, printing, photography, reproductions, copies of drawings and specifications, courier services, consultants, etc. The fees for professional services are for their scope of work described in the Proposal. Additional services such as revisions to approved drawings, preparation of record or as -built drawings, meetings and presentations in addition to those listed in the Proposal, additional construction observation, report publication and any other services approved by the Client shall be paid at the appropriate hourly rates. PAYMENTS Monthly payments are due upon acceptanceof the invoice. As a matter of service, each invoice will be accompanied by a description of the activities completed during the representative period. Such description shall include the charges for each Phase invoiced, the percent completed for each Phase and the total percentage progress for each Phase to date. If payments are not received within 30 days of the invoice date, work will be discontinued and the unpaid balance will bear interest at the rate of 1.5% per month until paid. Retainers when collected shall be credited on the final invoice. ACCEPTANCE The proposal is subject to renegotiation if acceptance is not made within 30 days. The fees and terms shall remain in effect for one year from the date of signature of the Agreement, and shall be subject to revision at that time, or any time thereafter if ELM gives written notice to the other party 60 days prior to the requested date of revision. In the event that the parties fail to agree on new rates, the Agreement may be terminated by either party upon seven days' written notice. COMMENCEMENT OF WORK Work will commence when ELM receives both a signed Agreement and the initial payment or retainer specified in the Proposal. TERMS OF THE AGREEMENT The Agreement may be terminated by either party upon seven days' written notice for good cause by either party. In the event of ELM termination for cause, ELM shall be paid for all services performed to termination date including reimbursable expenses. ARBITRATION Claims, disputes or other matters in question relating to this Agreement between ELM and the Client shall be subject to and decided by independent arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless all parties mutually agree otherwise. No claim amount resulting from errors or omissions may be ELM's responsibility in excess of the professional fee charged and received for this project. COST ESTIMATES Estimates of project costs and construction costs are made on the basis of experience, qualifications and best judgment as a design professional familiar with the industry. It is recognized, however, that neither consultant nor client has any control over construction costs and therefore, ELM cannot guarantee cost estimates. PUBLICITY Accurate credit is required whenever the project is publicized or exhibited. Specific authorization in writing is required for all publicity which utilizes ELM's name in conjunction with project promotion. 14 20A -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: J U LY 15, 2013 TITLE: APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING L� 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 Approve an appropriation adjustment recognizing $156,379 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. DISCUSSION Legislation associated with the California 2011 Budget Act established the Board of State and Community Corrections (BSCC) as an independent entity, effective July 1, 2012. The BSCC assumed the previous functions of the Corrections Standards Authority, as well as other public safety programs previously administered by the California Emergency Management Agency. As part of the 2012 State Budget Act, $20 million for Local Assistance was appropriated for city police departments, with the allocation formula to be developed by the BSCC in consultation with the Department of Finance. In January, 2013 the Governor's Proposed Budget was released and included an additional $4 million augmentation, for a total of $24 million for Local Assistance. The California Police Chiefs Association (CPCA), on behalf of local law enforcement agencies, presented to the BSCC an allocation formula based upon the regional needs in each county. In its proposal, the CPCA proposed that the funds could be used regionally and in cooperation with other agencies, and with a focus on serious, violent crimes and habitually non - compliant offenders. The Santa Ana Police Department proposes to use its appropriation to fund overtime, crime analysis systems, and equipment in support of this effort. Orange County agencies were allocated a total of approximately $1.43 million, with the Santa Ana Police Department receiving $156,379. 41UN BSCC Law Enforcement Funding AA July 15, 2013 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $156,379 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the revenue account (no. 12814002 52027) and appropriate same to expenditure account (no. 12814413 - various). r / Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNT: L\'2)� Francisco Gutierrez, J Executive Director Finance and Management Services Agency 41 = REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS CIT AGER 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 Approve an appropriation adjustment to recognize $442,268 in the Supplemental Law Enforcement Services Fund revenue account and appropriate same to the grant expenditure account for overtime. DISCUSSION The State of California provides grant funding to state law enforcement agencies through the Supplemental Law Enforcement Services Fund ( SLESF). This program requires that funding be allocated to counties and cities in accordance with specific requirements for front line law enforcement services. Front line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Funding allocations for SLESF are based on annual estimated population figures for respective counties and cities. Based on Santa Ana's population figures, the State estimates that the Police Department will receive $527,000 in FY 2012 -13 SLESF funding. To date, the Police Department has received $394,941 of the FY 2012 -13 allocation. Given that SLESF revenues are based on State projections, the Police Department only recognizes SLESF funds after they are received. The Police Department is anticipating the final quarterly payment of approximately $132,059 later this calendar year. In addition, the Police Department received a late payment of $47,327 for the 2010 -11 fiscal year. The recommended action will recognize both the $394,941 received for FY 2012 -13 and the $47,327 received for FY 2010 -11, for a total amount of $442,268. On July 2, 2012, City Council approved the proposed expenditure plan for FY 2012 -13 SLESF. The Police Department proposes to utilize this funding for special enforcement and gang detail overtime. 20C -1 Appropriation Adjustment — SLESF Funds July 15, 2013 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $442,268 in the Supplemental Law Enforcement Services Fund revenue account (no. 12814002 52026), and appropriate same to expenditure account (no. 12814407 - 61040). f Carlos Rojas Acting Police Chief Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez f Executive Director Finance & Mgmt Services Agency 20C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT AGREEMENT FUNDS FOR NEWPORT BAY TMDL COMPLIANC CIT NAGER 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 Approve an appropriation adjustment accepting funds from the County of Orange in the amount of $60,000 into the Federal Clean Water Protection Enterprise Fund and appropriating the same to the Federal Clean Water Protection Enterprise Fund for the Newport Bay TMDL compliance alternative feasibility report. DISCUSSION Council approval is required to appropriate funds not previously approved in a prior budget process. This appropriation adjustment is needed to program revenues that will be received from the County of Orange during Fiscal Year 2013/14. On June 18, 2012, the City Council approved Reimbursement Agreement No. D -12 -030 (Exhibit 1) with the County of Orange. The agreement addresses monitoring Total Maximum Daily Load (TMDL) for selenium, which is a naturally occurring element, but which is toxic to aquatic life and birds in excessive concentrations. To meet the agreement requirements, staff obtained the services of URS, Inc., to develop a feasibility study that identifies reasonable methods of selenium TMDL compliance, including reduction of irrigation and low -flow diversion into the sanitary sewer system from city tributaries discharging into Newport Bay. The agreement with the County of Orange provides for monthly reimbursements up to $60,000 for all costs incurred in developing the report. The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit require local agencies to control potential pollutants from entering the waters of the United States. About 60 percent of Santa Ana is in the Newport Bay Watershed, which discharges into Upper Newport Bay. The City's major drainage facilities in this watershed are the Santa Ana Delhi and Santa Ana Gardens channels. 20D -1 APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT AGREEMENT FUNDS FOR NEWPORT BAY TMDL COMPLIANCE July 15, 2013 Page 2 In 1996, the California Regional Water Quality Control Board identified Newport Bay as an "impaired water body," classifying it as too polluted or otherwise degraded to meet water quality standards. In 2002, the United States Environmental Protection Agency established the maximum amount of a pollutant that a water body can receive and still safely meet water quality standards. These limits, or Total Maximum Daily Loads (TMDLs), contain requirements for studies, monitoring, and development of programs to attain these reduction targets over a multiyear period. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds received in the total amount of $60,000 will be deposited into the Federal Clean Water Protection Enterprise Fund revenue account (05717002- 57000) and appropriated into the Federal Clean Water Protection Enterprise Fund expenditure account (05717640- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II, P E. Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG \CC Exhibit: 1. County Agreement No. D12 -030 4119W, I Agreement 1312 -030 REIMBURSEMENT AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA. ANA THIS REIMBURSEMENT AGREEMENT, numbered D12 -030, is made and entered into this ,1 G din day of () tA14s , 2012 by and between the County of Orange, hereinafter referred to as the "COUNTY ", and the City of Santa Ana, hereinafter referred to as "CITY ". RECITALS: A. The United States Environmental Protection Agency (USEPA) has established TMDLs for toxic pollutants in San Diego Creek and Newport Bay, California on June 14, 2002, and the California Regional Water Quality Control Board is developing implementation plans for each of the toxic pollutants; and B. The COUNTY, the CITY, the Orange County Flood Control District, the City of Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange, the City of Tustin, the Irvine Ranch Water District, The Irvine Company, and Lennar Homes of California, have entered into have entered into Agreement No. D99 -128, dated July 1, 2010, for the purpose of fimding and performing studies, research, monitoring and the development and implementation of programs related to the adopted TMDLs for nutrients, fecal coliform and toxics in the San Diego Creek and Newport Bay watersheds (hereinafter "said Agreement "); and C. Said Agreement provides that the COUNTY will annually develop a scope of work and budget containing an estimate of planned expenditures for the following fiscal year, which shall be submitted to the parties for approval; and D. The approval scope of work and budget for fiscal year 2011 -2012 includes the evaluation of alternatives to the Cienega project, to comply with the selenium TMDL compliance requirements, including source control of selenium Hot Spots and construction of low -flow diversion to the sanitary sewer system. WHEREFORE, in consideration of the mutual and respective covenants and promises, and subject to all the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. OBLIGATIONS OF CITY a. CITY shall select and pay a consultant to develop a feasibility report for the identification of alternative locations, design, implementation and operation of stormwater /sanitary sewer diversion facilities to capture dry - weather selenium EXHIBIT 1 41]x? Agreement D12 -030 discharges tributary to Upper Newport Bay, as set forth in Exhibit A, attached to and by this reference, incorporated into this Reimbursement Agreement, b. CITY shall monthly submit an invoice to COUNTY, with documentation acceptable to the County, evidencing the milestones completed, deliverables provided and fee earned by Consultant the prior month. 2. OBLIGATIONS OF COUNTY COUNTY shall within thirty (30) days of receipt of CITY's invoice, reimburse CITY for all costs paid to Consultant pursuant to the Agreement between CITY and Consultant for the research and development of the feasibility report. 3. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, COUNTY and CITY mutually agree that COUNTY's not -to- exceed payment obligation shall be Sixty Thousand Dollars ($60,000.00). 4. NOTICES Notices to the parties, unless otherwise requested in writing, shall be 1.) delivered personally or 2.) sent by certified mail, return receipt requested or 3.) sent by telefacsimile followed by a mailed copy, addressed as follows: To CITY: Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92701 Facsimile: 714 - 647 -5635 To COUNTY: Director of Public Works County of Orange 300 N. Flower Street Santa Ana, CA 92702 -4048 Facsimile: 714- 834 -2395 Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U. S. Postal Services, or other person making the delivery, except that notices sent by telefacsimile shall be deemed received on the first business day following transmission. [Signatures on the following pages.] all DIVA CITY OF SANTA ANA PAVE M. WALTERS City Manager Maria D. Huizar Clerk of the Council Raul Godinez, H Executive Direct Approved as to form: Assistant City 20D -5 Agreement D12 -030 Agreement D12 -030 COUNTY OF ORANGE, a political subdivision of the State of California Date: By. Chair of the Board-of Supervi ors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD. Date: G - 6 —► 2 By "A."64 NSVdn Novak Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM CC :J Da all Agreement D12-030 Exhibit A — Scope of Work On December 10, 2009, the Santa Ana Regional Water Quality Control Board issued Time Schedule Order (TSO) R$- 2009 -0069 to regulate groundwater- related discharges, particularly those containing elevated selenium levels, in the Newport Bay Watershed. The TSO mandates the County of Orange, Orange County Flood Control District, and other entities that are subject to the TSO, including the City of Santa Ana, to develop and implement a Best Management Practices Strategic Plan describing a phased approach for complying with the TSO requirements. In order to develop an effective plan, it is necessary to assess the potential for selectively diverting groundwater and surface waters containing elevated levels of selenium to the sanitary sewer. The work under this scope of work will focus on opportunities within the Santa Ana -Delhi Channel Watershed. The project, to be managed by the City of Santa Ana, will develop a Conceptual Design Report to provide information to base decisions on the viability of diversions of low flows in the Santa Ana -Delhi Watershed. The Report will include an evaluation of conceptual it layouts at candidate diversion locations, site requirements anticipated selenium loading reductions, preliminary costs, potential grant funding opportunities, necessary permits and regulatory issues from both a stormwater permit, TMDL and sanitary sewer permitting perspective. It is anticipated that the Orange County Sanitation District (OSCD) may require the stormwater diversion system to only discharge to OCSD during off -peak hours. As such, two project scenarios should be considered: 1) A continuous discharge to the sanitary sewer system: 2) Capture and pump discharge to the sanitary sewer system during off - peak hours. The relative emphasis of each in the Report will be shaped by feedback from OCSD. The following tasks will comprise the scope of work: 1. Field Review A field review of candidate diversion locations will be conducted in the Santa Ana -Delhi Channel Watershed. The field review will gather pertinent information regarding each diversion location include field measurements of discharge rates, photo reconnaissance, facility location identification, and the preparation of a scaled aerial photo of the site (aerial photos obtained from commercial sources). Deliverables: • Site sketches based on field measurements for each project location • Low flow discharge measurements /estimation calculations • Site photos • Aerial photo with the project area overlay • Vicinity map for each location 20D -7 Agreement D12 -030 2. Initial Sampling and Water Quality Analyses in Low Flows A minimum of one grab sample will be collected at each candidate diversion location along with flow measurements. Laboratory testing will be conducted for selenium, total dissolved solids, and nitrate in the water samples using protocols previously used for the Nitrogen and Selenium Management Program. Deliverables: • Laboratory test results and flaw measurements 3. Existing Utility Research A preliminary utility search will be conducted at each candidate diversion location. It is assumed all general utility information will be obtained from the City of Santa Ana. Utilities of interest include: • Sanitary sewer • Local storm drain facilities • Existing potable/reclaimed water pipelines • Natural gas pipelines • Petroleum pipelines • Electrical service Deliverables: • Incorporate .Existing Utility Research into Conceptual Site Layout 4. Develop Preliminary Diversion Sizing Requirements Preliminary sizing of the candidate diversion locations will include the following: • Establish flow rates and identify gross solids removal requirements • Establish volumetric requirements for a wet -well storage basin • Establish general flow and conveyance requirements • Establish pumping requirements assuming an eight -hour runtime A general listing of equipment requirements and associated sizing will be provided. Deliverables • Incorporate Preliminary Diversion Sizing Requirements into Conceptual Site Layout and Conceptual Design Report 5. Conceptual Site Layout Conceptual site layouts will be developed for each of the candidate diversion locations. The conceptual site layouts will include the following: • Identify site constraints for each candidate diversion location • Site configurations for the proposed channel diversion structures all P, Agreement D12 -030 • Site configurations for overall site based on the site constraints and proposed diversion structures Deliverables • Develop two conceptual layouts for each candidate diversion location • Incorporate Conceptual Site Layout into Conceptual Design Report 6. Preliminary Assessment of Costs A preliminary assessment of costs will be provided for each alternative. These costs will be limited to initial implementation and need not include life cycle costs. Deliverables • Incorporate Preliminary Assessment of Costs into Conceptual Design Report 7. Regulatory Compliance Assessment The selenium loading reduction and receiving water benefits, if applicable, from diversions will be assessed relative to the draft Best Management Practices Strategic Plan and existing and proposed selenium TMDLs. Meetings will be held with watershed funding partners and OCSD to present information and receive feedback. Deliverables • Incorporate Regulatory Compliance Assessment into Conceptual Design Report 8. Conceptual Design Report A Conceptual Design Report outlining the aforementioned design parameter, costs and regulatory compliance assessment will be prepared. A draft Table of Contents follows: • Introduction • Project Descriptions • Conceptual Site Layouts • Estimated Costs of Construction • Environmental and Regulatory Issues • Recommendations for Next Steps • Summary Deliverables • Draft Conceptual Design Report for review • Final Conceptual Design Report • Final electronic version of Conceptual Design Report in pdf format all U, all Ifisit REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE AUTHORIZATION TO APPLY FOR FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANTS G CrrY "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 Authorize staff to submit grant applications to the State of California Department of Transportation for consideration of federal Highway Safety Improvement Program funding. DISCUSSION The Highway Safety Improvement Program (HSIP) grant application requires Council authorization. The State of California Department of Transportation (Caltrans) issued a call for projects for Federal Fiscal Year 2013/2014. HSIP is a federally funded program managed by Caltrans, and it provides construction funds for projects which improve traffic and pedestrian safety, including traffic signals and signage upgrades. Staff is recommending authorization to submit 11 projects for HSIP funding (Exhibit 1). The new traffic signals and /or traffic signal modifications were selected based on the FY 2012/2013 Traffic Signal Priority List rankings which consider vehicular traffic volume, pedestrian activity, and collision history. The remaining projects were selected to enhance vehicular and pedestrian safety, or to improve signage visibility and reflectivity. Given the need for these improvements, HSIP grant funding provides an opportunity to construct the improvements and increase safety at the corresponding locations. The City's proposed total funding request is over $4,000,000, even though the program's award limit per agency is $3,000,000. This strategy was used to improve the likelihood that the City will receive the maximum award. The funding application submittal deadline is July 26, 2013. ENVIRONMENTAL IMPACT Environmental reviews will be conducted on those projects which receive funding and will be presented to the City Council when the construction contract is awarded. These types of projects typically qualify for Categorical Exemption. 21A-1 Authorization to Apply For Federal Highway Safety Improvement Program Grants July 15, 2013 Page 2 FISCAL IMPACT The City will need to provide 10 percent matching funds for the HSIP grant. The City's Capital Improvement Program for FY 2013/2014 includes $124,115 for traffic safety projects which may serve as a partial match. If the City is successful, grant funds will become available during FY 2014/2015. As needed, additional matching funds will be set aside in future Capital Improvement Program budgets. 117 j r Raul Godinez II E. Executive Director Public Works Agency Exhibit: 1. Projects Recommended for Grant Application 21A-2 Highway Safety Improvement Program Projects Recommended For Grant Application FY 2013 -2014 Location Improvement Cost Westminster Avenue and Clinton Traffic signal modification & $330,000 Street signage upgrade Edinger Avenue and Sullivan Traffic signal modification & $250,000 Street signage upgrade 17th Street and English Street Traffic signal modification & $275,000 signage upgrade MacArthur Boulevard and Plaza Traffic signal modification & Drive signage upgrade $275,000 Flower Street and Walnut Street New Traffic Signal Installation $330,000 Standard Avenue and Bishop Street New Traffic Signal Installation $330,000 McFadden Avenue and Pacific Avenue New Traffic Signal Installation $330,000 Citywide Pedestrian Count Down Heads $1,100,000 and ADA Push Buttons School Crossing Safety Install Rectangle Rapid Flashing Enhancements at Six Crosswalks Beacons at Six School $220,000 Crosswalks Citywide Upgrade Arterial Signage $300,000 Fairview Street Bridge Fairview Barrier Rail $350,000 Total $4,090,000 Exhibit 1 21A-3 21A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONTRACT RENEWAL TO JFK TRANSPORTATION FOR TRANSPORTATION SERVICES FOR THE SENIOR CENTERS (SPEC. NO. 09 -036) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1stReading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with JFK Transportation Company to provide transportation services for the Senior Centers for a one -year period in an annual amount not to exceed $50,000. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) provides a full scope of senior services, including health and fitness classes, volunteer opportunities, medical and legal consultations as well as home delivered and on -site meal programs. In order to assist seniors in getting to these services, PRCSA arranges daily transportation services between the homes of seniors and the City's Senior Centers, daily shopping trips and monthly excursions to local venues. The vehicles make approximately 2,000 round trips a month and are specially designed to accommodate individuals with disabilities. On July 6, 2009, the City Council awarded a contract to JFK Transportation Company for a one - year period, with provision for four one -year renewals. JFK Transportation Company, a Santa Ana vendor, has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. The annual amount is based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Parks, Recreation & Community Services account (no. 01113230- 62300). Z 1 41- /Z, Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency SIi1/L 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONTRACT RENEWAL WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE (SPEC. NO. 12 -047) C ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'tReading ❑ Ordinance on 2"dReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Orange County Striping Service, Inc. for roadway striping and markings and traffic sign maintenance for a one -year period in an amount not to exceed $400,275. DISCUSSION The Public Works Agency's Roadway Marking and Signs section manages approximately 40C miles of streets within the City of Santa Ana. Contracts are required for the installation and removal of traffic stripes, pavement markings, curb markings and raised pavement markers, as well as the installation, removal or relocation of traffic signs. To minimize impact on traffic flow, roadway striping and sign maintenance is conducted at night. On August 6, 2012, the City Council awarded a contract to Orange County Striping Service, Inc. for a one -year period, with provision for three one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Roadway Markings and Signs Account (no. 01117625- 62300). Raul Godinez II Executive Directo Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency -- M 22B -1 G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONTRACT AWARD TO CHANDLER'S AIR CONDITIONING FOR HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS. (SPEC. N 13 -033) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2" d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Adelphia, Inc. dba Chandler's Air Conditioning and Refrigeration for heating, ventilation, and air conditioning maintenance and repairs for a one -year period with provisions for three one -year renewals in an annual amount not to exceed $90,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City maintains in excess of 30 buildings, including City Hall, the Corporate Yard, the Police Administration and Holding Facility, recreation and senior centers, libraries, and park facilities. Each agency throughout the City utilizes heating, ventilation, and air conditioning systems that require maintenance to ensure maximum efficiency and operational reliability. The contract provides service, maintenance, parts and unit replacement as required. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Newport Beach contract with Adelphia, Inc. dba Chandler's Air Conditioning and Refrigeration for heating, ventilation, and air conditioning maintenance and repairs was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are to be charged back to various departmental Maintenance & Repairs of Buildings & Grounds accounts (62320). Francisco Gutierrez Executive Director Finance and Management Services Agency TVA sp 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONTRACT AWARD TO AEGIS ITS, INC., FOR TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PHASE 1 (PROJECT NO. 10 -6719) C NAGER 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 Award a contract to Aegis ITS, Inc., the lowest responsible bidder, in accordance with the unit bid prices in the amount not to exceed $150,000 for construction of Traffic Signal Equipment Replacement — Phase I project. 2. Approve a Cost Analysis with a total estimated construction cost of $160,000. DISCUSSION The recommended action will allow the City to proceed with installing pedestrian enhancements at various traffic signals. These upgrades are in compliance with the State of California and Americans with Disabilities Act requirements. This project consists of replacing outdated internally illuminated street name signs and upgrading the pedestrian heads and push buttons. The replacements will be done at various traffic signals throughout the city as needed. The project was advertised to solicit bids based on a unit price with estimated quantities for bid comparison purposes, but the total amount of the contract award is based on the available budget. The Notice Inviting Bids was advertised on May 26 & 27, 2013, and bids were opened on June 10, 2013. A summary of the bid invitations mailed, bids received, and bid results is as follows: Santa Ana contractors receiving notices: 0 Contractors requesting bidding documents: 11 Bids received: 5 Bids received from Santa Ana contractors: 0 23A -1 Contract Award to Aegis ITS, Inc., for Traffic Signal Equipment Replacement Phase I (Project No. 10 -6719) July 15, 2013 Page 2 NAME OF BIDDER 1. Aegis ITS, Inc. 2. California Professional Engineering, Inc. 3. Pelagic Engineering. 4. P.T.M. General Engineering Services, Inc. 5. Select Electric, Inc. CITY BID AMOUNT Anaheim $126,371.67 La Puente $148,750.00 Oxnard $165,620.00 Riverside $173,950.00 Poway $192,550.00 A total of five bids were received and all were responsive to the specifications. The lowest bid was submitted by Aegis ITS, Inc., in the amount of $126,372.67, which is below the engineer's estimate of $132,500. Based on the low bid and the corresponding unit prices, the estimated quantities for this project may be adjusted in response to needed pedestrian improvements; however, the contract is nonetheless limited to $150,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2010 -14 will be filed for this project. FISCAL IMPACT The Cost Analysis shows a total estimated project delivery cost of $160,000 (Exhibit 1). Funds are available in the Measure M2 Turnback Fund (Account 03217662- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II, P.E. Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /vn Exhibit: 1. Cost Analysis 23A -2 COST ANALYSIS PROJECT NO. 10 -6719 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT — PHASE Construction Contract Contract Administration $150,000 10,000 TOTAL ESTIMATED COST TO DELIVER PROJECT $160,000 Exhibit 1 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: AGREEMENT WITH AZTECA LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES IN DISTRICT FOUR PARK SITES 4�TFYIIMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Azteca Landscape to provide landscape maintenance services in District Four for an 18 -month term with four one -year renewal options in an amount of $1,174,926.06, with a 10% contingency for unanticipated work for a total amount not to exceed $1,292,418.67, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) is currently divided into four park maintenance districts and the Civic Center district. The landscape maintenance contract in District Four has expired. On May 14, 2013, PRCSA issued request for proposals (RFP #13 -010 PRCSA) to 13 landscape maintenance vendors. On May 23, 2013 a pre - proposal conference was conducted and on June 6, 2013 the City received proposals from five firms: Azteca Landscape, Mariposa Landscape, Inc., Midori Gardens, Parkwood Landscape Maintenance Services and Vista Del Verde. Vista Del Verde's proposal was received after the deadline and was returned unopened. An evaluation committee consisting of representatives from PRCSA Park Services, PRCSA Administration, and the City of Anaheim reviewed and rated the four proposals. The proposals were evaluated according to Capability and Experience of Contractor (25 %), Past Performance (25 %), and Cost of Proposal (50 %), as listed in the RFP. The highest rated contractor is being recommended for this contract. 25A -1 Agreement with Azteca Landscape For Landscape Maintenance Services in District Four July 15, 2013 Page #2 The results of the RFP evaluation are as follows: Vendor Location Cost Score Azteca Landscape Ontario, CA $1,174,926.06 342 Mariposa Landscape, Inc. Irwindale, CA $1,241,352.00 338 Parkwood Landscape Maintenance Services Van Nuys, CA $1,332,642.00 283 Midori Gardens Santa Ana, CA $1,226,810.00 273 400 point max The City proposes to enter into an 18 -month agreement with Azteca Landscape, with four one - year renewal options, for the maintenance of District Four. District Four is located in the southwest quadrant of the City and includes landscape maintenance of 16 city properties (nine park sites, five bike trails, the City Yard and McFadden Technology & Learning Center). See Exhibit 1. The 18 month base contract cost is $1,174,926.06. An additional 10% contingency of $117,492.61 is included for unanticipated work, resulting in a total contract amount of $1,292,418.67. Azteca Landscape is new to PRCSA and has been performing well in other southern California cities. FISCAL IMPACT Funds for this agreement will be included in FY 2013 -14 and FY 2014 -15 Park Services Maintenance and Repair Buildings and Grounds account (no. 01113250 62320) and Criminal Activities Fund - Department of Justice account (no. 02614450 62300 12480901102). Gerardo Mouet, Executive Director Parks, c. and Com. Svcs. Carlos Rojas, Interim Police Chief Police Department GM /SC /SC Exhibit: Map APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25A -2 O J V w COUNTY w a O x w Z J m N uvE f a EDINGER AV. ST 29 JL A SEGERSTROM Q ADAMS AV. = Z¢ ~a n' w•� Centennial cc W IV City Yard • _Y 32 MACARTH R BLVD. LL .� m ALTO I AV. 33 BIKE TRAIL "` p1A1 Gertrude -St. Andrew Bike Trail 34 .._._. • J MACARTHUR BL. F e 35 aY mm • Raitt Bike Trail 36 29 Adams 38 Thornton 30 Centennial 39 Windsor 31 City Yard • Bear St. Bike Trail 32 Friendship • Greenville Bike Trail 33 Heritage • Gertrude -St. Andrew Bike Trail 34 Jerome • MacArthur Bike Trail Entrance 35 SAPAAL Facility • Raitt Bike Trail 36 McFadden Triangle 37 Santa Anita 2 W-I't 1 25A-4 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 15th day of July, 2015 by Azteca Landscape, 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 provision of park landscape maintenance services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 4, as set forth in the Specification for Routine Maintenance, attached hereto as Exhibit A, attached hereto, in conformance with City's Request for Proposal 13 -010 (RFP), dated May 14, 2013 on file at the Parks, Recreation and Community Services administrative offices and the maps included therein, and Contractor's Proposal dated June 6, 2013, attached hereto as Exhibit B. All referenced documents are incorporated in this Agreeement by reference. The Executive Director of Parks, Recreation and Community Services Agency may order additional services, as set forth in Section 3.e., below, for unanticipated but necessary services required during the term of this Agreement. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property 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 actual or estimated costs 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 day, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay and contractor agrees to accept as total payment for its services, 25A -5 the rates and charges set forth in Contractor's proposal, attached hereto as Exhibit C and incorporated by reference. The amount to be expended for services shall not exceed One Million, One Hundred Seventy -Four Thousand, Nine Hundred Twenty -Six and 06/100 Dollars ($1,174,926.06), plus a ten percent contingency for unanticipated work required during the 18 month term of this agreement. b. Invoices. 1. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. 2. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address /location (if applicable) v. Unit cost, subtotals and total for invoice c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. d. Extra Work. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 4. TERM This Agreement shall commence on August 1, 2013 and terminate on January 31, 2015, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to four additional one -year terms on the mutual agreement of the parties. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. PA 6. 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. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not - contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 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. 25A -7 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims for bodily injury, death or damage to property, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate to, directly or indirectly, work performed or services provided pursuant to this Agreement, including without limitation, defects in workmanship and/or materials, or Contractor's presence or activities conducted performing the work (including the negligent or willful acts or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors and subcontractors). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation on the amount of indemnification to be provided by the contractor. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council 0 W,klffqe� With courtesy copies to: City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Contractor: Azteca Landscape, Inc. Attn: Noe Farias 1027 E. Acacia Street Ontario, California 92716 Fax 909 - 673 -9192 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 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. 5 12. 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. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and the Specifications set forth in Exhibit A. b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. 15. 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. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further J 25A -10 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura Sheedy Assistant City Attorney 25A -11 CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager AZTECA LANDSCAPE, INC. NOE FARIAS Vice-President EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE 25A -12 EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE L GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City - 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 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 changes in work or schedule, when the City determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the director may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, 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. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 25A -13 b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 25A -14 D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. E. PROPERTY DAMAGE 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. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. L MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew /task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. J. WATER COST 25A -15 City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning /trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in 25A -16 mind that the Director may consider authorizing extra work. 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. The Director may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. Scheduling of Work — Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. 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 days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the 25A -17 number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape /grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and /or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, the qualifications described in Section II.E.7. Irrigation Techs shall manage each site's irrigation controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and performing repairs and /or, modifications to the irrigation system. Your proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. Copy of certificate is required with proposal submittal. c) Director may require Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. E. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The Contractor shall maintain mowers that provide a smooth, even cut 25A -19 without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowing All "casual" turf (non- sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30 . The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowing All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer /football fields, soccer /football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub - contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). c) Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging /detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger, or approved substitute, to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the 25A -20 Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls /fences that are greater than 10 ". d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation -all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience 25A -21 due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. (6) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. Fullerton College Certificate of Proficiency in Landscape Irrigation b. UC Riverside Certificate in Landscape Irrigation c. Irrigator Tech Certificate Program (must possess all of the following): i. Certified Irrigation Repair Technician (CIRT) ii. Certified Irrigation Auditor (CIA) iii. Smart Water Certified (SWC) iv. Certified Irrigation Installer (CII) (8) From time to time City staff will advise contractor of special events occurring in contract areas and contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. 25A -22 f) Weed Control -all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre- emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and /or broad - spectrum post emergent herbicides approved by the Director. g) Replanting -all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers Seed Company Bermuda Dunes (spring/summer) or Stover Seed Grand Slam perennial rye (fall /winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6 ". 25A -23 i) Sport/Priority (1) Renovation: Once (1) per year during the spring /summer or the fall /winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring /summer - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists; (b) fall /winter — Stover Seed Company Grand Slam seed at eight pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to `/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100 %. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability /season. (2) Overseeding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. 25A -24 (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and /or into other plants, etc. All sites shall be cleaned following each edging /detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 "- 3" minus or approved equal, '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. 3. Shrub Care a) Pruning /trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning /trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning /trimming of plants, unless authorized by the Director, is not permitted. Topping of 25A -25 plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. c) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3" or approved equal, '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning /trimming and Stump Removal Specifications (see 25A -26 Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning /trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3 "or approved equal '' /2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty -four (24) hours. e) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning /trimming techniques which 25A -27 disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times 6. Weeds, Disease and Pest Control a) Weed Control All hardscape and landscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring /summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall /winter). 7. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. 25A -29 (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty -four (24) hours. d) Inspection and Resorting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and /or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, and trash. The City shall approve any equipment that is to be used for cleaning hardscape. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree /plant material) that creates a safety hazard shall be picked up daily. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. 25A -31 c) Pavement pressure washing — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, and paved areas around buildings. d) Site amenity cleaning — Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, etc.) and park benches shall be wiped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and /or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9. Playground/Tot -Lot Areas a) The Contractor shall provide maintenance of all playground /tot -lot sand and rubberized areas once a week. Maintenance shall include, but not 25A -32 limited to, loosening of compacted areas, re- grading sand /wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand/wood chips on sidewalks surrounding the playground /tot -lot, eliminating berms (including pre- existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips and debris daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub - contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and /or all other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stover Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. 25A -33 (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/2" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w /California Organic Fertilizer, Inc. Phyta Boost Plant Food 7 -1 -2 (33cy of Organigro Seed Topdress +700 #'s 7 -1 -2 Phyta Boost per Acre)). e) Non - recurring maintenance: (1) During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 11. Soccer /Football Field Maintenance a) All soccer /football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. 25A -34 c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 13. General Maintenance and Clean-Up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Work Not Scheduled 25A -35 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. 15. Special Maintenance In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. a) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and /or to the wall of adjacent buildings. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, trash and debris. 16. City Inspection a) 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. T1 ATTACHMENT NO. 1 SUB - CONTRACTOR BALL DIAMOND IN -FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In- Field Maintenance shall provide in -field brickdust maintenance for thirty two (32) Baseball /Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 2.1 Delhi Park 2.1.1 2.2 Madison Park 2.2.1 2.2.2 One (1) 60' base path Little League diamond with skinned brickdust infield. One (1) 60' base path Major Little League diamond with skinned brickdust infield. One (1) T -Ball diamond with skinned brickdust infield. 2.3 Memorial Park 2.3.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.3.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 2.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.3.4 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 1 day per wk Year round Madison Park: 5 Days per wk , Feb 1 St to July 15th 3 Day per wk, July 16th to Jan 31St 25A -37 Memorial Park: 5 Days per wk, Feb 1St to July 15th 1 Day per wk July 16th to Jan 31s' 4.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279 -1095. 4.2 Pitchers Mound/Home Plate /Basepath Areas When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be t /2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling rag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake- Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round /Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. r� 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 7.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. V A C 7.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep /Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound -mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate /batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 25A-41 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1 -A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust /turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is 1/2" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre - existing conditions shall be corrected during contract start-up. 25A -42 7.6 Final Watering 7.6.1 This is the most time consuminy, and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4" minimum. 8.0 Rainy Weather /Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI- MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a ' /2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 25A -43 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro - gold with Stabilizer" (brickdust) to in -fields at all diamonds (minimum 26 tons per Girls Softball /Major Little League Field and minimum 40 tons per Junior /Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball /Major Little League Field and 2 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" 25A-44 below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 11.3 Replace or Remove /Level /Re- Install home plates as directed. 11.4 Replace or Remove /Level /Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and /or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line /arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between 1 /2" and 3/4" per staff s direction. 12.1.3 All turf clippings shall be collected and disposed of 12.1.4 Edging of infield arc shall be performed by infield sub. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 25A -45 12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to 1/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, l:l:l, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: • Spring /Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing /damaged plants within 48 hours. 25A -47 The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead /dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. I .l b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571 -4212 Office or (714) 231 -6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full -time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. 25A -50 h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 25A -51 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above 25A -52 the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 25A -53 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty - eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 25A -54 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty -eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 25A -55 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and /or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. 25A -56 Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.18 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book ", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF 25A -57 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full -time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.04 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his /her cost. 2.06 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.08 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Iiyl��l�� Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and /or private citizens during normal working hours. 25A -59 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and /or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative , the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. ATTACHMENT 4 AGRONOMIC PLAN FERTILIZATION PROGRAM Priority Application dates Maintenance Description (unit of Material Units/Measure Turf measure) 1 January Fertilize turf -use CA Organic 7 -1 -2 Phyta Boost Plant Food 16 # /1,000s.£ Phyta Boost Plant Food 7 -1 -2 (33c +700 #'s /Ac) 2 April Fertilize priotity turf using one Lesco 39 -0 -0 I #N /1,000 s.f. pount nitrogen per 1,000 s.f. with Lesco 39 -0 -0 3 W /Annual Turf Renovate turf -use AG Organic- AG Organic 'Santa Ana' Seed 16 # /1,000s.f. Renovation Organigro Seed Topdress+CA Topdress Mix Organic Phyta Boost Plant Food 7- 1-2 (33c +700 #'s /Ac) 4 October Fertilize priotity turf using one Nitro King 19 -4 -4 1 #N /1,000 s.f. pound nitrogen per 1,000 s.f. with Nitro Kin 19 -4 -4 Casual Application dates Maintenance Description (unit of Material Units /Measure Turf measure) 1 January CA Organic Phyta Boost Plant 7 -1 -2 Phyta Boost Plant Food 16 # /1,000s.f. Food 7 -1 -2 (33c +700 #'s /Ac) 2 July CA Organic Phyta Boost Plant 7 -1 -2 Phyta Boost Plant Food 16 # /1,000s.£ Food 7 -1 -2 33c +700 #'s /Ac) GC /S Application dates Maintenance Description (unit of Material Units /Measure measure I April Fertilize groundcover /shrub /color 8 -3 -6 Sanctuary Horticulture 12.5 areas using Santuary 8 -3 -6 Application (12.5 # /1,000s.f.) Color Application dates 1 At color change Fertilization of seasonal color 19 -6 -12 Osmocote 25 # /1,000s.f. 25A -61 ATTACHMENT 5 MAPS 7r ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. �•r: EXHIBIT B CONTRACTOR'S PROPOSAL JUNE 6, 2013 25A -64 CITY OF SANTA -ANA REQUEST FOR PROPOSALS For Providing Park Landscape Maintenance Services In District 4 # 13 -010 PRCSA PROPOSAL DUE: June, 6 2013 @ 4:00 PM SUBMITTED BY: I&BU LANDSCAPE 1027 E. ACACIA ST., ONTARIO, CA 91761 (800) 794 -0063 FAX (909) 673 -9192 www.aztecalandscape.com EXHIBIT B 25A -65 A 2-eYHCA LANDSCAPE CL #417003 June 6, 2013 City of Santa Ana 26 Civic Center Plaza Santa Ana, Ca 92701 Attn: Ron Ono, Administrative Manager RFP # 13 -010 Dear Ron Ono, Please accept our proposal for RFP #13 -010 PRCSA — For Providing Park Landscape Maintenance Service In District 4. We have carefully reviewed the Request for Proposal and the site locations. We are confident that we are qualified for the project. Our company has been in business since 1978, and we have approximately 25 landscape contracts in the counties of Los Angeles, San Bernardino, Riverside, Orange and Ventura, many of comparable size and service. A brief list of our current services include: landscape maintenance, large and small scale mowing services, turf renovation, irrigation adjustment and repair, pest control, and park janitorial services. We understand the terms and conditions of this project and are willing to enter into a contract with the City of Santa Ana. Sincerely, Noe Farias Vice-President/Secretary NF 1027 E. Acacia Street Ontario, California 91761 909 - 673 -0889 800 - 794 -0063 Fax: 909 - 673 -9192 www.aztecalandscape.com �` Organization: The Company is structured as follows: President — Aurora Farias Vice - President — Finance — Rosa M. Lopez Vice - President - Operations (Account Manager — Ventura, Los Angeles County — South Agency Parks) — Noe Farias Account Managers • Juan P. Lopez — Beaches • Roberto Ramirez— Inland Empire • Raul Farias — Los Angeles Office Staff • Contract Administrator — Brian Eddy • Human Resources — Yesenia Ramirez • Accounting Clerk — Julia Vasquez • Administrative Assistant — Rebecca Hernandez For this project the hierarchy would be as follows: • Crew and Crew Leader, reporting to supervisor • The Vice - President - Operations (Noe Farias) • Management Team ( Aurora Farias, Rosa Lopez, Noe Farias } 25A -67 Quality of Experience: Azteca provides a wide range of landscape maintenance services which include: • Large -scale mowing of parks and large turf areas • Complete landscape maintenance of parks including janitorial services • Maintenance of landscape maintenance districts, medians, parkways, and slopes • Full service pest control within the landscape • Full new landscaping installation • New irrigation installation • Irrigation system repair and troubleshooting • Complete maintenance of commercial properties and shopping centers • Weed abatement of small to medium sized lots • Trash removal and disposal • Fertilizer application to turf, shrubs, ground covers, and trees • Steam and high pressure washing of hardscape • Ground cover, shrubs, and tree planting • Baseball and softball field maintenance • Superior maintenance of high priority and highly visible areas • Landscape upgrades • Manual watering with the use of a water truck or trailer • Pond and lake maintenance and treatment Staff Experience: Our field staff is experienced in the many facets of city maintenance projects including public parks, medians, and parkways. This hands -on field experience coupled with the high standards set forth by our company's maintenance supervisors, foremen crew leaders, and administrative staff, assures a superior level of service and reliability. Aurora Farias, President: Ms. Farias' presidency began in 1998. Since that time, she has developed a team of highly qualified, competent personnel to help her achieve the company goals. Rosa M. Lopez, Vice-President/CFO: Ms. Lopez holds a bachelor's degree in Business Administration from Cal State Fullerton and a Master of Management from the University of Phoenix. Rosa has 20 years of experience in financial analysis and has worked in the landscape industry for over 16 years. She currently oversees all the accounting procedures, budgeting, bidding, and administration of the overall business. With her education and managerial background, she has developed new strategies to improve work performance and improve efficiency. Rosa is currently the Responsible Managing Officer for the company's C -27 contractor's license. Noe Farias VP -O erations /Secreta : Mr. Farias has a bachelor's degree in Business Administration from Cal Poly Pomona. Noe has certification in irrigation which consists of repair, install, audit, backflow testing, and smart water. Noe has been with the company since 2005. During that time, he has taken advantage of every learning opportunity within the business. Currently, his responsibilities include managing resources, filling a vacant position of Account Manager in Ventura, and implementing various best practices programs to improve efficiency and streamline costs. To Be Determined, Account Manager (Maintenance Supervisor): This person has not been identified to date. Marco A. Ortiz, QAL — Pesticide Technician: Mr. Ortiz has been with our company since 1996. He is responsible for all pesticide applications. He works closely with our pesticide vendor to train personnel and obtain recommendations. Further, Marco is responsible for initiating notices of intent, purchasing chemicals, complying with agriculture commissioner requirements, and any other duties related to pesticide applications. Mr. Ortiz holds a Pest Control Qualified Applicator License with categories ABCDF Brian Eddy, Contract Administrator /Safety Manager: Mr. Eddy has 20 years of combined experience in customer service and business management. Brian came to the company in 2008 in the capacity of Contract Administrator. Since then, he has completed a certificate program in Horticultural Science through the University of Riverside becoming a Certified Turfgrass Manager. Additionally, he is certified in irrigation design and installation through Hunter University. Further, he has taken on the responsibility of Safety Manager. His strengths in business management, customer service, and education have enabled him to successfully manage many of our field projects. Yesenia F. Ramirez. Human Resources Manager: Ms. Ramirez has been with our company since 1993 and currently manages all payroll, personnel, risk management, and workers compensation matters for the company. Yesenia holds an Associate of Science Degree in Business Administration from Mt. San Jacinto College and a human resources certification from Chaffey College. Implementation Plan Azteca Landscape would like to offer the following plan which details how our company will achieve and fulfill the expectations of this Request for Proposal for the Median Landscape Maintenance Service in the City of Santa Ana. In working on other projects of similar scope and size, we believe that we will meet the City's expectations. We propose the following. • Assigned staff members will report to the job site at 7:00 am and end their day at 3:30 pm, daily. The crew members will leave from a yard located in the City with all required equipment needed to perform their duties. • Those assigned to this project are: o (1) Manager (Noe Farias) will be on site to oversee the project. He will prepare work orders and proposal. He will meet with the city monitors and discuss any issues that might arise. o (1 ) Supervisor (Roberto Gorge) - will work forty (40) hours a week and will prepare reports, schedules, and manage day -to -day operations. Further, he will meet with the City Inspector to discuss work schedule, give recommendations, etc. o (3) Crew Leaders - will work forty (40) hours a week. They will be in charge of directing their two to four member crews, providing materials and supplies necessary to complete daily task in addition to performing maintenance tasks. o (2) Irrigation Technicians - will work forty (40) hours a week. These employees will inspect, troubleshoot, and repair irrigation systems. Furthermore, they will complete weekly and monthly reports. o (1) Pesticide Technician - will work eight (8) hours a month. He will perform all pre - emergent, pest, and rodent control. o (3) Mower Operators - will work forty (40) hours a week. This team will perform all mowing operations for the City. o (3) Maintenance Gardeners - will work forty (40) hours a week. These crews will perform all daily landscape maintenance tasks. All hours proposed are estimates. If unexpected events occur, additional hours will be added to meet the specifications. Equipment • (1) 72" Exmark mower • (1) 60" Exmark mower • (1) Jacobsen 12 foot reel mower • (1) Jacobsen 12 foot HR 9016 rotary mower • (3) Backpack blowers • (3) line trimmer 25A -70 • (3) hedge trimmer • (2) edger • (2) pole trimmer • (1) Shattertine Aerator • (1) Top Dresser • (1) Turf Slit Seeder If any piece of equipment is broken or damaged and cannot complete the day's work. A replacement will be given to the project temporarily until the machine is fixed. The down time on a piece of equipment is about one week. The machine is taken to our mechanic shop in Pomona California and there our mechanic will inspect the unit and fix any issue it might have. After, the unit is fixed it is then transported back to the project and put back into use. Trucks • (3) Chevy Colorados • (1) Chevy 1500 Silverados • (2) Chevy 3500 Silverados A vehicle that is broken or needs service will be taken care of by Azteca mobile mechanic. He will service and repair the truck at the project site. If the truck needs to be taken to our mechanic yard a temporary vehicle will be provided until the one assigned is brought back. Orientation First week • Potential employees fill out applications • Those most qualified are then interviewed by the supervisor (Roberto Gorge) and the manager (Noe Farlas) • Employees then watch all of Azteca Landscape safety /training videos. • Drivers also watch a driving with trailer video and take a physical test afterwards • The final day of week the employees are ready to be moved into the field Second week • The employees will be given powered equipment and trained • Employees will familiarize themselves with the project Retraining • Every three months evaluation are conducted • If needed retraining will be given to those that do not use the equipment properly 25A -71 0 Azteca Landscape has yearly training If an employee's quits or is let go the supervisor and manager will interview potential candidates and have them go through our orientation program which takes two weeks. Best Practices Azteca Landscape implements best practices. By adopting Best Practices enables us to provide the best Quality Control in the industry. We achieve this by training all of our employees. Our Supervisors are encouraged to mentor employees that he demonstrate the necessary tools to aspire to become a supervisor themselves. Our Irrigation Technicians also mentor their assistants who are interested in the trade. In -house training and mentoring program enables us to promote and provide qualified employees to new projects that might be awarded to us. A second practice that Azteca has in place is employee identification. Therefore, we have implemented a strict uniform policy. The uniform consists of a ball cap, shirt, and identification badge. All are imprinted with our company logo . Chemical usage - only on an as needed basis, and only by a trained applicator. If any hazardous chemical is required to be applied our Qualified Applicator will be present at the time of application or spraying the product himself. All chemicals will be applied with a backpack sprayer or by our truck mounted sprayer. The City will be provided with a 24- Notice of Intent followed by monthly reports of all pesticides applied . Azteca Landscape has an effective IIPP. Our Safety Administrator conducts on -site inspections, no less than once a month. Furthermore, he oversees all that all employees attend bi- weekly tailgate meeting and strictly enforces safety rules. Finally, Azteca supports road safety and follows the WATCH program. Our supervisors will strongly enforce a safe work environment for its employees on the road and monitor the sites to make sure that signs, cones, and arrow boards are present at all time while working in the streets. Equipment training programs are implemented for all new hires. Once a year for any other employees that handle powered equipment. New hires will be observed by the supervisor, after three month the supervisor will determine if employee is comfortable with the equipment. If any injury does occur the employee will be retrained and monitored. All paperwork will be completed by the supervisor and turned into the main office for keeping. Lastly, Azteca Landscape has established an effective management group. Our management team employees only supervisors that believe in providing quality control and have a high level of integrity and responsibility toward our customers for over 30 years. 25A -72 State Of California CONTRACTORS STATE LICENSE BOARD Connimmer ACTIVE LICENSE Affal rt .. �...�.., 4.17003 E-, CORP aw...w . AZTECA LANDSCAPE Cxatcaeors, C27 r,...on.01/31/2015 www.cslb.ca.gov This license Is nottransferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or Invalidated for any reason. This pocket card Is valid through the expiration date only. H found, drop in any mailbox. Postage guaranteed by Contractors State License Board p .°a. 2600. Sacramento CA 05826 Licensee Signature 25A -73 IRNIA DEPARTMENT OF PEST_ ICIDE REG -ULATI",,,- 100.1-4 ET 6 dw s AQU r - a-- W1 FORNU 14 WK m w U PEST CW*Nm- L BUSINESS MAIN EM-L m ,4 valid IF Mailing Address # AKIO, CA 1761 LIGENSE if insurance -and/or qualified Ocrso(ij apsie be] P/V . 40, 0A ry POST THIS LICENSE THIS LICENSE IS NOT TRANSFERAqLE -At m Y IN 25A-74 OrAll qc. p r, I j V1 - '71 DEPARTl1iBNT QFP887ICm6RYGflI.ATION dpr LiClaN mc"wx lJtTmcklION !� ommUM Q$ALUMMAMICAWRUMM DATE W I59M Wm Tmoucm 00112012 12414013 GAL 102487 ABCDF MARCO A ORTIZ 4073 MENNES AVE RIVERSIDE CA 92609 SIONArtm n �av+ �a. pgy«■WWAmft.pgoWenolp.eldduw.wme bivYene,Cbple G(ftFood&dAWWAuMCodrrint **garw- ag - onto & d . * of wdo AWwjawiaarypnmtowippslorhr . fnw P� jo GdwyQNw*IbrMQFwControl r .Eblrlfe ny toa npromddM dta Give obrar 0onttrhrlprMr open rpynL ARwldwdl kdim61t4andkrftAlolital y6AnlnelA9doubrra Lffdsmpmabmm Graph w Ktb %lidded ee=dl MPWdAQridr n LMIMProm om LFamd Agwk K .NoelConeol ►�� d Q. AAtrkAnwBoNwnr 25A -75 Entomological Society of America Certification Corporation BOARD CERTIFIED ENTOMOLOGIST PROGRAM Lopez, Humberto Valid for the Year412 BCE #: 82483 Joined: 11/2/1998 SPecializing in (codes on back): V DEPARTMENTOPPESTICIDEREGULATION de pr LICENSING /CERTIFICATION PROGRAM AGRICULTURAL PEST CONTROL ADVISER LICENSE DATE OF ISSUE VALID THROUGH 01/0112013 PCA 74265 HUMBERTO M LOPEZ 56 REDROCK LN PHILLIPS RANCH CA 91766 low. 12/31/2014 ABCDE DEPARTMENT OF PESTICIDE REGULATION Cj�./t LICENSING /CERTIFICATION PROGRAM i QUALIFIED APPLICATOR LICENSE International ! DATE OF ISSUE VALID THROUGH Society i j 01/01/2013 12/3112014 of Arboriculture ! QAL 103853 B i HUMBERTO M LOPEZ 56 REDROCK LN CERTIFIED ARBORIET j; PHILLIPS RANCH CA 91766 nber�o M. Lopez ,i MIMI certificate Number: W&-8545A E iration Date: Doc , 201 d i. / xP D 31 2pl2. �!{el"i be i Humberto Lopez 186119 i 'Structural `Vest Control icard r -- } _ r-1 2005 EVERGREEN STREET. SUITE ]500 I SACRAMENTO, CA 958.15 -5831 14161 561- 6704 Q„ FIELD REP13ES�ENaTATIVE I + UCENSE NO. FR 16765GeReW St EXPIRATION 06/30/14 HUMBERTO MANUEL LOPEZ 12903 SUNDOWN LANE CHINO HILLS CA 91709 Signnure RECEIPT NO, 11650006 L` t 25A -76 ceirtmed irrigator Repair Technician Noe "lies ww ExpitKS 103/1.3 Irrigator Technical Trains School Phone (866)74a7,55 www. -q9n+ Certified Backflow TOO - illoe_ ,arias o irrigator Techrdral TraMMg liOW PI1Sihe (BlS�j;bi9 -�7' ++�1w,fni�t4i+adhc�an? Certified Irrigation Installer Noeforlas # 8380 AX" Landscape Expires 04 /11/14 Irrigator Technical Training School - Phone (866) 6141755 www.irii gatortec h.aom info *lrrigatWtech.com Cettifled Irrigation Auditor Noe +ferias �33Bb Asbeci Landscape Expires 3/2/14 Irrigator Technical Tralnirr}}pp.� School Phone .(860): +1755 www.1M08tDfteoh,400m into@kdoatotech.com . Smart Water iCerdf! ed 25A -77 Neeft,fts E lM 03 14 4 Irrigator TedttAc0l Training Sdvol Phone (866).614-1755 wwwjnfgatorLCh. info MnIgatotech.cprp 0 p■o 4� 7m� • PON 0 — i 0 t/1 w f pmq r� al TF •ti U A F z w w z H a �Ijw p .0 a 0 N z 0 I u Cf)� O � F y N Q1 > � v g z z J V 0 x Z ce r 4 '• s.. 40 ti is w � a o 0 U A4U U h y C(f .r. •ti U A F z w w z H a �Ijw p .0 a 0 N z 0 I u Cf)� O � F y N Q1 > � v g z z J V 0 x Z ce r RFP No. 13 -010 Addendum No. 2 Page 1 of 1 .tune 4, 2013 ADDENDUM NO.2 REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4 RFP REFERENCE NO: 13-010 DATE DUE: JUNE 6, 2013, 4:00p.m. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 13 -OIOFOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on June 6, 2013. This RFP addendum provides clarifications to specific sections and answers to questions received at and subsequent to the pre - proposal conference conducted on May 23, 2013. Section Specific Clarification / General Questions & Answers In an effort to foster the best possible response to the RFP, specific sections have been modified to clarify language by adding or deleting specific text. Added text is underlined (i.e., add and deleted text is striked- through (i.e., delete). Specific sections are as follows: CORRECTION: Addendum 1, Q31 -10 TONS Q31: Can you please provide the quantity of warning track mix you will require per field or per year for all of the fields in District 4? A: 1) Section 4.1 of Attachment No. I (on page 30) states, 4.1 Field In General 4. 1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: '' /a" of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). A minimum of 6-5 10 TONS OF MATERIAL per warning - track. New 1) The correction on Exhibit C deletes "Aamal Cost" and adds "11 Elhibit C: month Cost" for each column heading for each location. Certification and Cost 2) In addition, under "Specialized Services" please see new line 9, Proposal requiring "Renovation Cost per Acre ". Renovation cost should not be included in the General Maintenance annual cost. The revised Exhibit C is attached. Should you have any question, or require additional information, you may reach Ron Ono by email at rono(a)santa- ana.org or voicemail at 714.571.4220. 25A -79 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Namer-ity of Thousand Oaks Address: 1993 Rancho Conejo Blvd Newberry Park, CA 91319 Contract Amount: 9 6 9, 0 5 4. 6 0 Description of supplies, equipment, or services provided: Contact Individual: Sandie McKnight Phone Number: 805 -449 -2499 Facsimile Number: 805- 498 -4941 Year: 2008 -2013 Landscape maintenance of median & parkways Reference Customer Name:City of Long Beach Address: 2760 Studebaker Long Beach, CA 90812 Contract Amount: 1, 64 7, 219 .12 Description of supplies, equipment, or services provided: Contact Individual: Ramon Arevalo Phone Number: 562- 570 -1535 Facsimile Number: 562-570-1535 Year: 2008 -2013 Landscape maintenance fore medians, parkways, and parks Reference Customer Name:City of Rialto Address:150 South Palm Ave Rialto, CA 92376 Contract Amount: 4 58 , 02 0 .4 4 Contact Individual: Sam S. Phone Number: 909 - 820 -2525 Facsimile Number: 909 - 820 -2698 Year: 2007 -2013 Description of supplies, equipment, or services provided: LMD and grounds landscape maintenance and park mowing THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 62 W_M:11] EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain: otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Azteca Landscape Signed and Printed Name: Noe Farias A4,ftto Title Secretary Date 6/6/13 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 63 25A -81 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United District 4 Park Landscape RFP Page 64 25A -82 States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Azteca Landscape Signed and Printed Name:Noe Farias Title Secretary Date 6/6/13 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 65 25A -83 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? Name 18y ears License 32 years If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $8 million 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes x❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes El No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ® No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? Yes ❑x No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑x No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ® No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes x❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of District 4 Park Landscape RFP Page 66 25A -84 the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑x No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑x No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑x Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes [R] No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes x❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes 0 No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ® No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) District 4 Park Landscape RFP Page 67 25A -85 If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑x No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 68 25A -86 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California, County of San Bernardino Subscribed and sworn to (or affirmed) before me on this 04 day of June , 2013 , by Yesenia Farias Ramirez, proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. VESINIA FARIN R 3 i COMM. $193b935 '� Notary Public • Cslitarnia San Bernardino County Lamm. Expires June 13, 2016 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. District 4 Park Landscape RFP Page 69 25A -87 THE AMERICAN INSTITUTE OF ARCHITECTS A!A DocumentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS. that we Azteca Landscape 1027 E. Acacia Street Ontario , CA 91761 as Principal, hereinafter called the Principal. and The Ohio Casualty Insurance Company 790 The City Drive South, Suite 200 Orange , CA 92868 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and finely bound unto City of Santa Ana 26 Civic Center Plaza, Santa Ana, CA 92701 as Obligee, hereinafter called the Obligee, in the sum of Bond Number: AZTLA -18 Five Percent of Amount Bid Dollars ($ 5% of Amount Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Providing Park Landscape Maintenance Services in District 4 - RFP13 -010 PRCSA NOW, THEREFORE, if the Obligee shalt 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 this 3rd day of June, 2013 (ter Ss) (witness) Azteca Landscape 741 (Principal) (Seat) SeGr�. ry " (Title) The Ohio Casualty I0Mxaace_CQmQWy Ayala AIA DOCUMENT A310 • BID BOND • AIA S • FEBRUARY 1970 ED • THE AMERICAN INSTITIrrE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON. D.C. 20006 1 W"Iffqefqe7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Riverside On 6/3/13 before me, Andrew Waterbury, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(* is /ate subscribed to the within instrument and acknowledged to me that hehOw t ey executed the same in hisftn R*kr authorized capacity(iei), and that by his/bexfAnk signature(a) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. ANpM W WAI! 1711uiiy I 4 s�• ccihsm trliiht 7fi2 I certify under PENALTY OF PERJURY under the laws of Nt,t,iry PL01 °4t c:. itt °rr , rr the State of California that the foregoing paragraph is true 011AW.i (1)UNly and correct. I xper.r. Dcc 31. 201`i 2 Witness my han nd cial s Signature Place Notary Seal Above Sig re of Notary Public Andrew waterb OPTIONAL Though the information below is not required by law, it may prove valuable 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: Bid Bond Document Date: 6/3/13 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner --- ❑ Limited ❑ General 64 Attorney in Fact ❑ Trustee M 9:1:1 El Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee OF SIGNER • Guardian or Conservator I Top of thumb here ❑ Other: Signer Is Representing: ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • www.NationalNotary.org Item 115907 Reorder: Call Toll-Free 1 -800- 876-8827 � J THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5903217 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the lows of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Daniel Huckaba , Arturo Ayala, Dwight Reilly, Andrew Waterbury all of the city of Orange slate of CA each individually if there be more than one named, its true and lawful attorney -inn -fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 191h day of December 12012 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By:►� Gregory W. Davenport, Assistant Secretary On Unis 19th day of December 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American 10 Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: NULL �f KD Riley, Not Public mO c This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American fire and Casualty Company, The Ohio Casualty Insurance y Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions am now in full force and effect reading as follows: Js L ARTICLE IV-OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject CS to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 7 C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in -fact, subject to the limitations set forth in their respective powers of attorney, shelf have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xlll — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, i and subject to such limitations as the chairman or the president may prescribe, shalt appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their Z 0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such atbmeys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligaltons. Authorization — By unanimous consent of the Companes Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and oorrectcopy of the PowerofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of LMS_ 12873_092012 June PO 13 By: 4-� �, David M. Carey, Assistant Secretary 21 of 251 O� li w, 21 4.0I CD' y� �I w' Ck v� H� State of California County of San Bernardino On June 4. 2013 before me, Yesenia Farias Ramirez, Notary Publi (Insert name and title of the officer) personally appeared Noe Farias----------- who proved to me on the basis of satisfactory evidence to be the p son(`�whose name is e Ascribed to the within instrument and aclrnowlVier/their to me thaL:J -he /they executed the same in is er /their authorized capacity(y�s , and that by signature0o on the instrument the person(, or the entity upon behalf of which the person( 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 r Signature r.�� . rES MfA FAR A� RARII EI • k `� COMM. 01936935 er _ Mary fthe - California o <. San Bernardino County Caron rces .Iune 13.2015 (Seal) Description of Attached Document Title or Type of Document: Bid Bond Document Date: June 3, 2013 Number of Pages: Signer Other Than Named Above: Arturo Ayala Capacitiy(ies) Claimed by Signer Signers Name: Individual x Corporate Officer (Title): Secretary Partner _ Limited _ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: Azteca Landscape 25A -91 3 RFP No. 13 -010 Addendum No. 1 Page 1 of 6 May 31, 2013 ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4 RFP REFERENCE NO: 13 -010 DATE DUE: JUNE 6, 2013, 4:OOp.m. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 13- OIOFOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICT 4. This addendum shall become a part of the original Request for Proposal due by 4:00 p.m. on June 6, 2013. This RFP addendum provides clarifications to specific sections and answers to questions received at and subsequent to the pre - proposal conference conducted on May 23, 2013. Section Specific Clarification In an effort to foster the best possible response to the RFP, specific sections have been modified to clarify language by adding or deleting specific text. Added text is underlined (i.e., ad) and deleted text is striked - through (i.e., delete). Specific sections are as follows: 1) Section 4.1 of Attachment No. 1 (on page 30) states, 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: ' /z" of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). Use a minimum of 65 tons per warnina track. 2) 7.5 General Brickdust Skinned Infield Areas & Warning Track rack 7.5.1 After raking/shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) and Stabilizer Solutions Stabilizer Warning Track Mix on warning tracks from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing, outfield fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. RFP No. 13 -010 Addendum No. Page 2of6 New Disease Centennial Park Eucalyptus Trees have been diagnosed with Lerp Psyllid Info: and Tortoise Beetle. The cost to treat this forest represents a significant cost therefore the City elects to waive the pest and disease treatment for these Eucalyptus trees. The City will treat the Eucalyptus trees outside the scope of this agreement. Contractor does not have to treat these Eucalyptus trees as part of base agreement. However, importantly, the tree specification remains in force for all other trees within the scope of the agreement. General Questions & Answers Q1: Is the contract for a year or 19 months? A: The City is trying to change the landscaping services cycle and move contract negotiations to February. The contract is really for 18 months with four one year extensions. Q2: How many renovations, two? A: Potentially two renovations within the first 18 month period (see 2013 -2014 Sport/Priority Turf Renovation Schedule). Then one renovation during each one year extension. Note that the contractor should refer to the Renovation Schedule for any "short" term closures at which time the contractor will continue applying the appropriate seed at the rate of one pound per thousand square feet. Q3: What is the turf seed specified? A: Primary sport turf is Bermuda. Stovers Bermuda Dunes Improved Common Bermuda seed is specified for warm season months and Stovers Grand Slam Perennial Rye seed is specified for cool season months. Q4: What will the formal proposal require for original and copies? A: Original (1), Copies (6), and CD- ROM/DVD (1) or Flash Drive, PDF format Q5: Must Irrigation Technician have certification qualification prior to bid? A: No, however City will only allow 6 months to reach certification. Irrigation Technician must be available on -site for locations and perform all work related to the irrigation system, including but not limited to: weekly /monthly inspections and report writing; programming of irrigation systems; repairs to lateral irrigation lines and heads; and, repairs to all other parts of the irrigation system. If contractor fails to employ a qualified Irrigation Technician within the 6 month grace period they must hire a qualified irrigation technician sub - contractor through available list. 01 RFP No. 13 -010 Addendum No. Page 3 of 6 Q6: Is the winner always lowest bidder? A: No, it is the most responsible and responsive bidder. Q7: How do you calculate deductions for non - performance? A: The bidder proposal extra work dollar figures are used to deduct failure to perform based upon the Director's Representatives professional opinion on the amount of time necessary to perform the failed work plus materials and any equipment costs. Q8: This RFP looks different from previous year for mowing and re- seeding? A: This particular specification has been reduced in scope in several areas of the specification. Contractors should read the specifications carefully to understand the new overall scope of work. The mowing specification remains the same with exception of the equipment required to perform the mowing. The seed variety and frequency is the same. Qg: Must we use pre -mixed fertilizer? A: No, however the formula by our vendors is specifically mixed for Santa Ana. The Contractor could, if they choose, mix the fertilizer with the compost themselves in the presence of the Director's Representative. Q10: What is the renovation schedule for Adams Park? A: Adams Park sport turf renovation is scheduled to begin on Monday, June 24th. The current contractor will stay with this schedule due to the short window to renovate this field (between the end of Little League Season and the beginning of Pop Warner Football season). Regretfully there will be some overlap between the existing agreement term and the new agreement tern that is proposed to start August 1, 2013. However, it cannot be avoided. Q11: When we put down mulch, do we have to give a sample to you? A: The City retains right to test any soil or material used by contractor. Q12: How long does contractor have to provide an Irrigation Technician? A: Six months from the beginning of the agreement. At which time if the contractor does not have a qualified Irrigation Technician they must sub- contract with a qualified Irrigation Technician. Q13: What is minimum or maximum fencing to meet the fencing requirement if need be, how often is it generally needed? A: Use Google Earth to measure facilities. Past practice has been to run the temporary fencing along the boundaries of the turf being renovated. The 25A -94 RFP No. 13 -010 Addendum No. 1 Page 4 of 6 City agrees to pay 50010 of the contractor's price (not retail and no mark -ups) to rent the fence. In addition, the City retains the right to contact rental fence companies to get the best price possible. Q14: What about aeration? A: The specification calls for the aeration of the turf four times per year. This is being changed to aeration of the casual turf two times per year and the sport/priority turf four times per year. Q15: What is the compaction relief? A: Compacted soil occurs by people or equipment in higher than average use areas, such as but not limited to sport fields. The Director's Representative may direct the contractor to perform multiple passes with the aerator in heavier than normal compacted areas. Q16: What if fields do not germinate? A: Contractor is responsible for 100% germination within the scheduled renovation period. If the contractor fails to achieve 100% germination within two weeks of the end of the scheduled renovation period then the Director's Representative will direct the contractor to sod the poorly germinated areas using thick cut sod at the contractors expense. Q17: Overseeding, can you explain? A: The contractor is required to follow the specification; this includes overseeding for annual renovation and the monthly overseeding. Q18: Must rental fencing be in place from the beginning to the end of the renovation period? A: Yes. Q19: Mulching, two (2) times per year? A: Yes, two (2) times; used to be 4. Q20: Removal of mulch, how often? A: Mulch no longer needs to be completely removed; however the new mulch must cover the entire area to achieve a consistent appearance of complete coverage. Q21: Tree care expertise? A: The contractor must retain a Certified Arborist to inspect and manage trees. Q22: What are agricultural pests? A: Gophers, moles, voles, rats, rabbits, squirrels, etc. are agricultural pests. 4 25A -95 RFP No. 13 -010 Addendum No. 1 Page 5 of 6 Q23: What are the expectations on pressure washing? A: The contractor shall use the appropriate pressure/hot water washing equipment to remove all stains and foreign materials to achieve a clean pavement around community centers and to the parking lot. Q24: For waste water capture, what do you require? A: National Pollutant Discharge Elimination System (NPDES) requires that no runoff enter the storm drain system. This should not be a major concern since most of the work occurs inside the park. Q25: What is priority hardscape? A: Tennis and basketball courts are separate. Around building concession and picnic shelters. Q26: Is there any specific value for equipment inspections? A: The City's focus is on work performed, and not on the maintenance of the equipment. Note however if the equipment is not providing a quality result the contractor will be asked to begin providing a quality result to avoid any failures to perform. Q27: If vendor currently has a contract for another City landscaping District, will the vendor have to give that up if awarded District 4? A: Yes. Q28: When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. Why different composition mix for the ball diamonds? A: Infield mix is different than Warning Track mix for a reason. The Warning Track mix is designed to "warn" the athlete that they are approaching the home run fence. The product normally has a "crunch" to it so that the athlete not only feels the material but may even hear it beneath him. Q29: Are there any expected annual color in District 4? A: No. Q30: Can you explain how the fields renovated may change from year to year? A: All fields will be renovated each year. The "schedule" of when the renovation occurs may change year to year. RFP No. 13 -010 Addendum No. 1 Page 6 of 6 Q31: Can you please provide the quantity of warning track mix you will require per field or per year for all of the fields in District 4? A: 1) Section 4.1 of Attachment No. 1 (on page 30) states, 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: %2" of new Stabilizer Solutions Stabilizer Warning Track Mix (with stabilizer). A minimum of 65 tons per warning track. Should you have any question, or require additional information, you may reach Ron Ono by email at rono ,santa- ana.org or voicemail at 714.571.4220. $47 3 0 25A -97 EXHIBIT C FEE SCHEDULE EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 4 PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. sPECiALIZED Location 18 month Cost Routine Maintenance 18 month Cost Ball Diamond Maintenance Total 18 month Cost 1 Adams 7 10 440.00 07 440.00 2 Bear St. bike trail b/w Segerstrom and MacArthur 40 000.00 0.00 40 000.00 3 Centennial 120,000.00 23 832.00 143,832.00 4 City Yard 11 000.00 00 11, 000.00 5 Friendship 80,000.00 0.0 0 so I OQO. 00 6 Gertrude /St. Andrew Bike b/w Forest & Rene 33 000.00 33,000.00 7 Greenville bike trail b/w Warner and Segerstrom 32 000.00 8 Heritage —0.0 7 110.0 0 97 110.0 0 9 Jerome O1 722 38 556.00 0 27 10 MacArthur bike trail entrance 25,000.00 0. 0 0 25 1 0 11 McFadden Center 38,000.00 0 12 McFadden Triangle Park 0.00 37f000-00 13 Raitt St. bike trail b/w Segerstom and Alton 35 000.00 0.00 35,000.00 14 Santa Anita 78,000.00 0.00 7 15 Thornton 11s,000.00 55 080.00 170 080.00 16 Windsor 95 000.00 12 .00 107,186.00 Total All Locations 1 174 926 . 06 sPECiALIZED SERWCES Hourly wage 1 Landscape Maintenance Worker 25 2 Landscape Lead Worker 35 3 Tree Trimmer 35 District 4 Park Landscape RFP Dane 60 aun7m.'T-1517ej 4 Lead Tree Trimmer 45 5 Irrigation Assistant 35 6 Irrigation Spedaliest (as specified) 45 7 Pesticide Assistant Operator 45 8 QAC Pesticide Operator 65 9 RfbjNQWION COST PER ACRE 84 *** RENOVATION COST SHOULD NOT BE INCLUDED IN THE GENERAL MAINTENANCE ANNUAL COST. Azteca Landscape 909 -673 -- 0889/909 - 673_9192 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1027 E. Acacia Street Ontario CA 91761 BUSINESS ADDRESS Noe Farias Secretary PRLbUD NA OF AUTHORIZED AGENT TITLE - _� 06/06/13 noe @aztecalandscar)e.com 95- 367580 C -27 417003 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) sum District 4 Paris Landscape RFP Pape 61 EAvtSWrlq)o REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended AGREEMENT WITH HOUSTON & HARRIS ❑ As Amended PCS INC. FOR CLOSED CIRCUIT El El on 15` Reading ❑Ordinance on 2 "d Reading TELEVISION INSPECTI OF SANITARY ❑ Implementing Resolution SEWER SERVICES / El Set Public Hearing For_ /A CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Houston & Harris PCS, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide closed circuit television inspection of sanitary sewer services, in an amount not to exceed $400,000. DISCUSSION Santa Ana's sanitary sewer collection system is comprised of approximately 390 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,000 sewer manholes that are used to convey all sewer effluent from the city into the Orange County Sanitation District system. In accordance with the City's Sewer System Management Plan and the State's waste discharge requirements, the City must inspect, assess, and maintain the sanitary sewer system in good repair. Closed circuit television (CCTV) technology is used to assess the condition of sewer mains and sewer manholes, and to identify infrastructure system deficiencies. In the past, the City has used consulting firms to provide CCTV inspection of sanitary sewer facilities. The proposed contract for sewer CCTV inspection will provide for inspection of approximately 71 miles of pipeline (18 percent of the system). The project budget is set at $400,000. A Request for Proposals for CCTV inspection of sanitary sewer services was advertised and sent to six firms. Five proposals were received and evaluated by a five - member selection committee. Three firms scored above the minimum acceptable score of 70. The sealed fee envelopes were opened and analyzed for all firms with a score above 70. Listed below are the responding firms and their respective scores. 25B -1 Agreement with Houston & Harris PCS, Inc. July 15, 2013 Page 2 Company Name Location Houston & Harris PCS, Inc. Grand Terrace Innerline Engineering Corona National Plant Services, Inc. Long Beach Tunnelworks Services, Inc. Whittier Nor -Cal Pipeline Services Long Beach Total Score M) Proposal Fee $298,300.00 $298,000.00 $318,500.00 Not Open Not Open Houston & Harris PCS, Inc., was selected as the top -rated firm. Their proposal was complete and includes all the work required to clean and inspect sewer mains and sewer manholes. Their work includes traffic control, diversion of sewage flow where needed, root cutting where required, disposal of sewage - cleaning waste, and data processing to provide and meet the City's requirements. The bid pricing was based on cost per linear feet of sewer (300,000), and per manhole (1,000) inspection. Based on the bids received, staff anticipates an additional 80,000 linear feet of sewer and 600 manhole inspections will be completed within the $400,000 budgeted for this project. Staff recommends that Houston & Harris PCS, Inc., be retained for this project. This firm is well qualified and reputable, and possesses vast experience on similar types of projects. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (Account No. 05617640- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: r r-- Raul Godinez II, P Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /NS Exhibit: 1. Contract Agreement SERVICE AGREEMENT THIS AGREEMENT made and entered into this 15'h day of July, 2013 by and between Houston - Harris PCS, 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 cleaning, inspecting and video - taping sanitary sewer mains. B. Contractor represents that it 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: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in City's Request for Proposal # 13 -020 for Closed Circuit Television (CCTV) Inspection of Sanitary Sewers, attached hereto as Exhibit A and Contractor's Proposal dated May 30, 2013, attached as Exhibit A -1. All Exhibits shall be incorporated to this Agreement by this reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Contractor. 3. COMPENSATION a. City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in Contractor's fee schedule, attached hereto as Exhibit B and incorporated by reference. The amount to be expended for services shall not exceed Four Hundred Thousand Dollars ($400,000.00) annually during the term of this agreement. b. Invoices 1. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. Exhibit 1 �1, 2. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address /location (if applicable) v. Unit cost, subtotals and total for invoice c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. d. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The index which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. e. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier in accordance with Section 14, below. This Agreement may be renewed for up to three additional one -year periods upon the written agreement of the parties. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. S. CITY OBLIGATIONS City shall provide Contractor with all records in the possession of City which will be of assistance to Contractor in the performance of this Agreement. 6. 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. 25B -4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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. 8. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs 25B -5 and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. 9. 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. 10. 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. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Public Works Agency 4 I M. I and City of Santa Ana 220 S. Daisy Avenue, Bldg A (M -85) Santa Ana, California 92703 telefacsimile (714) 647 -3345 Attn: Water Resources Manager City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Houston -Harris PCS, Inc. 21831 Barton Road Grand Terrace, California 92313 Attn: Pam Houston A party may change its address by giving notice in writing to the other party. Thereafter, any notice shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. 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. 13. 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 consultants retained by City. 25B -7 14. TERMINATION The City reserves the right to terminate the contract as follows: a. In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to Contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. b. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. c. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City, the level of service falls below appropriate standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City determines that contract services are performed as well and as frequently as required by this agreement. 15. CONTRACTOR OPTION FOR TERMINATION The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. 16. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. 17. 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// 111 /ll G � I � � IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR City Attorney HOUSTON - HARRIS P.C.S., INC. By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director Public Works Agency PAMELA D. HOUSTON President EXHIBIT A A. SEWER CLEANING: All sewers shall be cleaned within 24 hours prior to CCTV inspection except as directed otherwise by the Engineer. Cleaning shall include removal of grease, roots, debris and other obstructions to facilitate the CCTV inspection. All costs associated with the cleaning of sewers and sewer manholes shall be borne by the contractor. These borne expenses include and are not limited to water usage, and fees related to obtaining and securing a hydrant water meter from the City. Contractor shall return water hydrant meter to the City on an annual basis. The contractor firm shall use the appropriate nozzle or cutter head, (i.e. high velocity, water jet, root cutter, etc.), to accomplish the cleaning as required for that particular reach of sewer. Cleaning methods shall be employed to sufficiently clean the pipe so the camera can pass and can fully ascertain and document the structural and operational condition of the pipe. Any costs associated with CCTV inspection work that is necessitated by the contractor's failure to sufficiently clean the main shall be borne entirely by the contractor. The contractor shall use a tablet PC with infraMAP® software, supplied by the City, to record the location of the cleaning operation and the conditions encountered for each section of sewer main that is cleaned. The contractor shall be trained by the City in the use of infraMAP& At the end of each day that work was performed, the contractor shall synchronize the tablet PC with the City's databases at the City Corporate Yard facilities. The tablet PC shall be delivered along with the digital video, logs and other materials when a designated areaof work has been completed. The City reserves the right to use both the comprehensiveness and completeness of the cleaning reports along with the cleanliness of the pipe as evidenced by the supplied video to ascertain whether the pipe was cleaned sufficiently. Any costs required to re -clean either an unreported or an insufficiently cleaned main shall be borne entirely by the Contractor. B. TELEVISION INSPECTION: 1. The contractor shall visually inspect, digitally encode video in WMV format (or another format if mutually agreed upon) and provide digital logs, in PDF format, of all inspected City of Santa Ana, PWA RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains sewers. The log and video formats shall be approved by the City prior to commencement of work. Only portable hard drives and flash drives are accepted as specified on item #4. 2. The contractor shall use equipment specially designed and constructed for sewer inspection and video recording. The camera must have light sources of suitable illumination output to provide a clear picture of the entire periphery of pipe. The camera must be able to be rotated to a position that will assure that the total periphery of the sewer is in focus at all times, regardless of the diameter of the pipe being inspected. The camera, transport system, and other components of the video system shall be capable of producing a picture adequate for the purposes of the inspection as stated herein. The adequacy of the proposed equipment, resulting video and the assessment logs shall be demonstrated to the City, if so requested, prior to award of contract. The cost of such demonstration shall be borne by the Contractor. 3. A cable footage counter, accurate to within one (1) foot in 1000 feet, shall be used and shall be indicated on the monitor and recorded on the video. The date of inspection, continuous forward and reverse readout of camera distance from referenced access hole, the upstream and downstream manhole with an arrow indicating flow direction (or the database number, run number and direction of flow), the 25B -11 size of the pipe, the name of the street, the time of day and the project or location name as supplied by the City shall be displayed continuously on the monitor and recorded on the video. The color of the overlay information shall be adjusted so that it remains legible throughout the run. The footage relative to the center of the manhole at the start of each run shall be set to accurately reflect a center of manhole starting position of 0.00 feet regardless of where along the pipe and at what footage the run begins. 4. Digitally encoded video shall be compressed with the WMV format with settings specified by the City. Digital video shall be supplied to the City on stand- alone, hard disk drive systems with plug- and -play capable USB connections. Digital video files, Microsoft Access Database files, PDF report files and disk directory naming conventions on Contractor - supplied hard disk systems shall be approved by the City prior to the commencement of work. All disks and related components will become property of the City and shall be included in the unit pricing for producing digital sewer video. 5. Every sewer main assessment shall begin with a view of the open manhole and shall proceed uninterrupted in the downstream direction with the insertion of the camera into the manhole with the subsequent sewer main assessment. Recording of video against the flow or passing through interim manholes will only be allowed with prior approval of the City or when it can be shown that conditions made it unfeasible to lift an interim manhole cover or to record with the flow. 6. CCTV inspection, monitoring and recording shall only be performed by technicians that are NASSCO certified with a minimum of two years prior experience. The contractor shall furnish qualification details and sample video for each technician so that their involvement in the project can be approved by the City prior to the commencement of work. The use of a video technician not approved by the City will be considered sufficient cause for the rejection of any related work and any costs associated with rc- inspecting shall be at the Contractor's expense. 7. During inspection, the operating technician shall, along with an audio record of conditions, log a computerized assessment of the recorded sewer. This assessment shall include the location of all laterals, indicated infiltration, cracks, deflected joints, collapsed sections, ex- filtration, misalignment, roots, deposits, and other conditions or data pertinent to the physical condition of the sewer. 8. The computerized format shall be provided as a separate Microsoft Access database file for each quantity of digital video specified by the City. The contractor shall provide copies of the logs to the City in PDF format. The Microsoft Access database shall include the following: a) An inspection table listing each run number, the name of the operator, the inspection date, weather conditions, City supplied (the next sequential) database number, address or intersection of the starting manhole, direction of the inspection with respect to the flow, sewer number as supplied by the City, material (VCP, PVC, etc.), diameter of the sewer, length of the sewer, starting manhole ID number and the ending manhole ID number. b) An assessment table listing the run number, starting and ending footage of every observation, applicable assessment code, assessment code translation, additional remarks, starting and ending clock positions of observations where applicable. c) Tabular formats (table names, column names and data types, etc.) shall conform to specifications approved by the City. 9. The contractor shall submit the aforementioned video, and electronic reports summarizing all defects and conditions specified above to the City within 15 calendar days of completion of task. In addition, the contractor shall retain copies of both the digital video and logs, for a term no less than that specified for the agreement and shall make additional copies available to the City if the copies originally delivered to the City are found to be either defective or incomplete. Upon acceptance of the agreement, the contractor 10 25B -12 acknowledges that given the quantity of video to be provided and the time it will take for the City to review the video after delivery that the City's request for replacement data or video may not be timely 10. Databases shall be numbered in sequential order with any deliverable video recording reflecting the same unique number differentiating each video. The starting database number will be specified by the City at the beginning of the contract. Barring any notifications by the City to the Contractor of changes to the sequence number, the contractor will be required to keep track of the next sequential number and use it on the electronic database files. The City will notify the Contractor of any changes to the sequence number prior to requesting additional work. 11. Prior to the commencement of work, the City shall provide the contractor a tablet PC equipped with infraMAP® software. Through the use of the infraMAP® software the contractor will have access to the complete sewer system maps and data including but not limited to: manhole ID numbers, sewer main ID numbers, street names and sewer main attributes. The City, through the infraMAP® software, will designate the locations that are to be inspected. Use of the infraMAP® software by the contractor is required. The City shall train the contractor in the use of infraMAP® as it relates to the documentation of sewer cleaning and inspection activities. 12. If the contractor encounters conditions in the field that do not correspond to those indicated on the maps, the contractor shall promptly inform the City of the discrepancy. If manholes or terminating cleanouts are encountered that are not shown on the maps, the contractor shall use the next available manhole number as shown on the maps for the video assessment and indicate the location where the manhole was found. The City will incorporate those changes into the maps. The contractor will be required to synchronize the tablet PC daily to ensure that both the City and the contractor have the most up to date information. When the contract is completed the contractor will be required to return the tablet PC to the City. The use of non - standard or incorrectly numbered manholes by the contractor in either the database or on the video overlay as shown on the digital video is cause for rejection of both the digital video and the database in which it is referenced and any costs associated with re- videoing of the main, modifications to the video overlay or rectification of the database that are necessitated by the Contractor's failure to use designated naming conventions will be borne entirely by the contractor. 13. Any digital media delivered to the City shall be labeled with the following information: a) Street name or location of sewer main and or sewer manhole if not in a City street, and limits of inspection for the sewer reach included; (e.g., McFadden Avenue sewer between Grand and Standard) or the task name given by the City. b) Date of inspection. c) Database number 14. All digital reports shall be in (pdf) format and contain as a minimum the following information: a) Date and time of inspection b) Name of contractor c) Names of operating technician/inspector d) Pipe size, material, and total length e) Number and street or intersection location and the City designated number for the starting manhole. f) Number and street or intersection location and the City manhole number for the ending manhole. g) Direction of inspection (upstream or downstream). h) The database number. 11 25B -13 i) NASSCO rating scores including as a minimum: Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR) and Overall Pipe Rating (OPR). j) Observations, comments, recommendations, laterals referenced to footage counter and video clock (tape counter). IS. All digital reports for sewer manholes shall contain as a minimum the contained information on the Level I of the MACP by NASSCO guidelines and all items listed on item 14 listed above as applied to sewer manholes. 16. At all points within the sewer showing defects, laterals and sewer appurtenances, the Contractor shall stop the camera, rotate (up to 360 degrees) and/or tilt the camera lens to ensure adequate video coverage. All defects shall be rated /scored and logged in accordance with NASSCO guidelines. 17. Each database shall have runs numbered in sequential order starting with one (1). The operator shall proceed to the next run number whenever the camera is withdrawn regardless of the reason, encounters the next manhole, next cleanout or when a run is terminated. Digital video files (one for each run) shall conform to the indexing system with each file being designated by concatenating the database number with the run number (i.e.: 1179 -0 LWMV would designate the first run on database number 1179). If such naming by the contractor is found to be technically unfeasible, the contractor shall deliver the files, along with any tabular information that would be necessary for the City to automate the file naming process. Any file naming convention that does not conform to the aforementioned requirements is subject to prior approval of the City. 18. Prior to the commencement of work, the contractor shall demonstrate to the City the procedures that shall be used for the inputting of City manhole numbers, run numbers, street names, or any other data that is encoded in the video database and how the quality and uniformity of that data will be guaranteed. 19. The camera shall be stopped and /or backed up to view and analyze conditions that appear unusual or uncommon to a sewer main in good condition. There shall be no loss of video quality at any time. 20. As the video is produced, the technician shall provide an audio narration of the inspection to include identification of the sewer main location, by street intersection location or street address as well as by City manhole number, inspection direction (upstream/downstream) and complete descriptions of the line conditions as they are encountered. The audio portion of the video recording shall be free from electrical interference, feedback, hum, and background noise. 21. If the camera cannot pass the entire sewer reach from its point of insertion, the reach shall be inspected from both directions. The inspection logs for the reach shall include an identification of the nature and location of the blockage. The contractor shall notify the City immediately of any such obstruction so that it may be repaired or mitigated by the City and/or the contractor so that work may proceed. 22. Video runs showing condensation or submersion of the lens, poor or out -of -focus images, poor audio, or otherwise poor image quality shall be cause for rejection and may necessitate re- inspecting at the contractor's expense if the City determines the video run is not of acceptable quality. 23. In special cases, when directed by the City, the contractor shall be responsible for plugging manhole outlets during CCTV inspection. The sewer lines will be in service at the time of inspection. 24. Television inspection of sewer mains with high volumes of flow (pipe running 1/3 full or more) will be done at night between the hours of 10 p.m. and 5 a.m. unless otherwise 12 25B -14 directed by the City. No adjustment in cost shall be allowed for night work. Notwithstanding, the Contractor shall always use whatever mechanical means are available, including modification or changing of the camera wheels or treads, to insure that the image is recorded in an upright, un- rotated position. The City reserves the right to reject any video where changes in the orientation of the camera could have been corrected by such modifications or by performing the work during periods of low flow. 25. Traffic control for sanitary sewer inspection shall be the responsibility of the contractor and shall conform to the work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 26. Within two (2) working days after being notified to inspect a particular section of sewer main, the contractor shall begin CCTV inspection, and shall diligently pursue that work to completion. The Contractor shall perform all sewer manhole assessment inspections services per NASSCO standards by the Manhole Assessment Certification Program (MRCP) Level I. Level I (MACP) shall include all information included on Level I (MACP) detailed therein in addition to the, using valid MACP defect codes. 27. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor" magnet sign affixed and visible. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. 13 25B -15 EXHIBIT 1 -1 CONTRACTOR'S PROPOSAL MAY 30, 2013 14 I The City of Santa Ana Santa Ana Public Works Department CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS BID # 13 -020 EXHIBIT "C" CERTIFICATION AND PROPOSAL FEE SCHEDULE 21831 Barton Road U �% Grand Terrace, CA 92313 909. 422.8990 P 909422 -0841 F - CAB -17 City of Santa Ana, PWA RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains CERTIFICATION AND PROPOSAL FEE SCHEDULE 29 ee� City of Santa Ana, PWA RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Certification -1 certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on an (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Closed Circuit Television CCTV Inspection of Sanitary Sewer Mains FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Houston & Harris PCS, Inc. REQUIREMENT: The undersigned declares that he/she has carefully examined the request for proposal, that he /she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Item # Bid Item 1. Sewer Main Hydro Washing (Cleaning) 2. Sewer Main CCTV Inspection 3. Sewer Main Data Processing 4_ Sewer Manhole CCTV Inspection Unit Quantity Unit Price Amount LF 300,000 $ 0.305 $ 91,500.00 LF 300,000 $ 0.395 LF 300,000 $ 0.11 EA 1,000 $ 52.50 5. Sewer Manhole Data Processing EA 1,000 $ 2.80 6. Hydro -wash (Cleaning) Truck - (Per HR 1,000 $ 244.00 section VI, J. hydro wash unit rate multiplied by 800 $ W.� $ 118,500.00 $ 33,000.00 $ 52,500.00 $ 2,800.00 $ 244,000.00 30 City of Santa Ana, PWA RFP — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer Mains Item # Bid Item Unit Quantity 7. CCTV (Video) Inspection Truck — HR 1,000 (Per section VI, J. CCTV Inspection truck rate multiplied by 400 Unit Price Amount $ 158.00 $ 158,000.00 TOTAL $ 700,300.00 Houston & Harris PCS, Inc 909 - 422 -8990 Fax: 909 - 422 -0841 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21831 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Pamela Houston President PRINTED NAME OF AUTHORIZED AGENT TITLE May 30, 2013 phouston@houstonandharris.com SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS 46- 0495452 884167 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 31 25B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: AMENDMENT TO AGREEMENTS FOR ON- CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS CWMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 fourth amendment to the agreements with Tetra Tech, Inc., and Psomas, Inc., for one -year terms for water and sewer engineering services in the amount of $200,000 for each firm. DISCUSSION The recommended action will extend the professional services agreements for the two firms providing engineering support to staff for water and sewer Capital Improvement Program (CIP) infrastructure improvements. During Fiscal Year 2013/14, staff will complete a Request for Proposal process to solicit proposals from qualified service providers. The current agreements with Tetratech, Inc., and Psomas, Inc., to perform on -call engineering services for water and sewer CIP were competitively selected via the Request for Proposals (RFP) process in 2006. As a result, contracts were awarded on July 17, 2006, for engineering services in an amount not to exceed $300,000 for each firm. Since the original award date, three amendments have been approved by the City Council, adding to the total compensation for each firm to continue engineering support of CIP projects. Both firms have done an excellent job in moving City projects forward and have responded quickly and effectively to the City's engineering needs. Together with these consultants, City staff has completed design and is in the process of constructing water and sewer main improvement projects, including reservoir rehabilitation, pump station upgrades, and recycled water conversions. City staff and the consultants are currently working on completing additional CIP projects which includes beginning work on backlogged projects and new projects identified in the FY 2013/2014 CIP. In order to keep the CIP projects on schedule and in line with the City's proposed two -year budget, engineering consultants must be utilized to complete the project plans and specifications. To that end, a Request for Proposals is being developed to provide transparency and oversight to the process of awarding contracts for City services, and a significant amount of staff time will be required to prepare the highly technical requirements and specifications for these services. To provide staff sufficient time to perform a comprehensive formal proposal process and execute new agreements, 25C -1 Amendment to Agreements for On -Call Engineering Services for Water and Sewer Projects July 15, 2013 Page 2 staff recommends final one -year renewals of the existing agreements in an amount not to exceed $200,000 to each firm. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Utility Capital Projects Account (06617647- 66301) and Sanitary Sewer Services Account (05617640- 66220). Raul Godinez II, P.E. Executive Director Public Works Agency RG /NS /RR APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Amendment to Agreement with TetraTech, Inc. 2. Amendment to Agreement with Psomas, Inc. 25C -2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July 15, 2013, by and between Tetra Tech, Inc., a Delaware corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2006 -177, dated July 17, 2006, (hereinafter "said Agreement ") by which Consultant has provided engineering services. B. By Amendments dated November 17, 2008, February 1, 2010, and April 18, 2011, the parties agreed to increase compensation available to allow Consultant to continue to provide services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 17, 2006 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// /// /// Exhibit 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director - PWA 25C -4 CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager TETRA TECH, INC. (NAME) (Title) 25C -5 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July 15, 2013, by and between Psomas, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2006 -178, dated July 17, 2006, (hereinafter "said Agreement ") by which Consultant has provided engineering services. B. By Amendments dated November 17, 2008, February 1, 2010, and April 18, 2011, the parties agreed to increase compensation available to allow Consultant to continue to provide services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 17, 2006 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// /// Exhibi25C —@ IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director - PWA CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager PSOMAS, INC. (NAME) (Title) 25C -7 25C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: AMENDMENT TO AGREEMENT WITH CPC POWERTEC, INC., FOR WATER SYSTEM PROGRAMMING AND ENGINEERING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2M Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with CPC POWERTEC, Inc., for a two -year term, subject to non - substantive changes approved by the City Manager and City Attorney, for engineering and programming services, in an amount not to exceed $60,000 per year. DISCUSSION The City's water production facilities are monitored and controlled by a state -of- the -art Supervisory Control and Data Acquisition System. These engineering and programming services are necessary to maintain control of 35 of the city's critical water system facilities including water pump stations, sewer lift stations, wells, reservoirs, and valve stations. To ensure uninterrupted operation of these critical facilities, City staff must oversee the programming, repair, and replacement of the system components. These major components include switchgears, motor control centers, programmable logic controllers, and main control panels. Programming and troubleshooting of the software and hardware of the systems is highly specialized and requires knowledge of proprietary third -party software. Due to the highly technical and complex nature of this work, an outside consultant is required to assist staff with these activities. On February 1, 2010, the City entered into an agreement with CPC POWERTEC, Inc., to provide engineering and programming services. CPC POWERTEC, Inc., has done an excellent job in providing highly skilled technical and complex engineering system programming services. A Request for Proposals is being developed to provide transparency and oversight to the process of awarding contracts for City services, and a significant amount of staff time will be required to prepare the highly technical requirements and specifications for these services. In order to provide staff with sufficient time to perform a comprehensive formal proposal process, select the most qualified engineering firm, and execute new agreements, staff recommends that the agreement with CPC POWERTEC, Inc., be amended for an additional two -year term. 25D -1 Amendment to Agreement with CPC POWERTEC, Inc. for Engineering and Programming Services July 15, 2013 Page 2 ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Production and Supply Fund (Accounting Unit 06017640- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez ,�J1 Executive Direct Executive Director Public Works Agency Finance & Management Services Agency RG /RR Exhibits: 1. Amendment to Agreement 25D -2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July 15, 2013, by and between CPC POWERTEC, INC., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2010 -012, dated February 1, 2010, (hereinafter "said Agreement ") by which Consultant has provided plan and specification review and assistance in preparation of City water projects. B. By Amendment to Agreement, the parties extended the term and provided compensation to pay for services during the extended term. C. The parties wish to again amend said Agreement to extend the term and provide compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: I. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $115.00. The total sum to be expended under this Agreement shall not exceed $60,000.00, per fiscal year, during the term of this Agreement." 2. Section 3, TERM, shall be amended to renew the term for an additional two -year period, through June 30, 2015. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 1 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director - PWA CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager CPC POWERTEC, INC. RUSSELL L. COTTON Principal 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: EXECUTE AGREEMENT AMENDMENTS WITH UNITED STORM WATER, INC., AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC., FOR STORM DRAIN FACILITY CLEANING AND SPILL RESPONSE CIT NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U199:16110:1911 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute amendments to the agreements with United Storm Water, Inc., and Ocean Blue Environmental Services, Inc., to provide storm drain facility cleaning and spill response services, exercising the option to extend the term for a one -year period, providing funding in the amount of $250,000 annually, and assigning authority to the City Manager to exercise the three remaining one -year options to extend. DISCUSSION The City must provide storm drain facility cleaning and spill response services in order to remain compliant with federal storm water regulations. The recommended action will allow the City to continue seamless compliance through subsequent agreement terms. The California Regional Water Quality Control Board enforces the Federal National Pollutant Discharge Elimination System ( NPDES) Stormwater Permit that regulates pollution from entering the waters of the United States. Compliance with this NPDES permit and the Federal Clean Water Act requires cleaning of all City -owned drainage facilities, and mitigation of all discharges of pollutants (spills) that could contaminate the waters of the United States. On June 4, 2012, the City Council awarded contracts to United Storm Water, Inc., and to Ocean Blue Environmental Services, Inc., with provisions for four additional one -year terms. Both contractors have performed well during the past contract period and provided very responsive service to the City. Staff recommends exercising the option to extend the agreements for a one - year term. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E -1 Execute Agreement Amendments with United Stormwater, Inc., and Ocean Blue Environmental Services, Inc. July 15, 2013 Page 2 FISCAL IMPACT Funds are available in the Federal Clean Water Protection Fund (Account 05717640- 62300). Raul Godinez II, Executive Director Public Works Agency RG:CC APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Contractor Agreement —Ocean Blue Environmental Services, Inc. 2. Contractor Agreement — United Storm Water, Inc. 3. Amendment Agreement — Ocean Blue Environmental Services, Inc. 4. Amendment Agreement — United Storm Water, Inc. 25E -2 IMWHANCE NOT ON FILE ORK MAY Nff pROCEED CLERK OF COUNCIL DATE: -7- i S t 1::,.. . CONTRACTOR AGREEMENT A -2012 -106 THIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between Ocean Blue Environmental 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 spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. 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 contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A -1, respectively, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM EXHIBIT 1 25E -3 This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one -year terms, at the option of the Executive Director of Public Work. S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to 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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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. 7. INDEMNIFICATION 0a 25E -4 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 death, 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. S. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of City Council City of Santa Ana 20 Civic Center PIaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 25E -5 and Fax 714 -647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Contractor: Ocean Blue Environmental Services, Inc. Bill Piekkola 925 W. Esther Street Long Beach, CA 90813 Fax 562- 624 -4127 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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. 12. 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 consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. 4 25E -6 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and. delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on following page 25E -7 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: 0 `Laura Sheedy Assistant City Attorney ` RECOMME DED F APPROVAL: Raul Godinez, H Executive Director WA CITY OF SANTA ANA PAUL WALTERS Interim City Manager CONTRACTOR Ocean Blue Environmental Services, Inc. G 25E -8 Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and /or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near -by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam /pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick -ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA- permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within the first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and /or blocking the opening. 7 25E -9 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing /Easting) 3_ Dimensions 4_ Identification Number 5_ Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection_ Upon completion of cleanout operation and prior to leaving, sweep /clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick -up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports_ Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 8 25E -10 EXHIBIT A -1 CONTRACTOR'S PROPOSAL 25E -11 EXHIBIT A -1 1. Work Plans SPILL RESPONSE During the past fifteen years, Ocean Blue has performed thousands of Spill Response for municipalities. From our experience, we foresee following 5 types of Spill Responses. 1. Spill Above Ground 2. Spills in the Storm Drain System 3. Abandoned Waste Pick -Up on City Road or Property 4. Bio -Haz (Sewage Spill/Trauma Scene) Cleanup 5. Spills in Waterway. On all these incidents, Ocean Blue will provide incident report with before and after pictures within 1 week of completion and annual report within 2 weeks after City's fiscal year -end. Please see attached 5 flow charts for our Spill Response procedures at the end of this tab. STORM DRAIN FACILITY CLEANING Ocean Blue has extensive experience in removing and disposing of vegetation, debris, trash, dirt and as well as many other substances and material from storm drain system. Prior to inspections of all catch basins, Ocean Blue will evaluate the locations of the catch basins. This task will include dividing up the catch basins in groups or straight lines to inspect and clean as many as possible in eight hour shifts. 1 25E -12 All vehicles used during the catch basin inspection and cleaning process will be equipped with traffic control lights, traffic cones and traffic delineators for worker safety and limit traffic delays. Ocean blue will submit a traffic control plan compliant with the Department of Transportation to the City of Santa Ana prior to the commencement of any work performed. Ocean Blue will be able to perform the inspections of all catch-basins with in a seven day notice to proceed from the City if Santa Ana. During the removal of existing manhole covers Ocean Blue will inspect rings and cover lids for cracks and defects. Ocean Blue will replace any missing or damaged screws or bolts at no additional cost to the city of Santa Ana. During the inspection process Ocean Blue will log and photo the condition of each catch basin inside and outside prior to any work. After photographing the condition of each catch basin Ocean blue will remove all trash and debris found in front of curb opening or on ARS Inserts. Ocean Blue will remove all vegetation growing across and or blocking the opening. Ocean Blue will provide a detailed report that describes the physical condition of each catch basin. Items included in the inspection report for each catch basin will include the following. Photos of the catch basin before cleaning / inspection and after cleaning • Date of inspection 2 25E -13 C { • Location (Northing/ easting) • Catch basin GIS identification number • Type of catch basin insert a Exterior damage(face plate, Protection bar, manhole and manhole ring) • Stencil + Interior damage Volume of trash and debris ( Percentage of total capacity) e Potential Blockages e •Vegetation Growing Ocean Blue welcomes the City of Santa Ana to review and add items to our inspection report. Prior to the Storm season, Ocean Blue will lock (open) all catch basins equipped with ARS inserts. Prior to the dry season Ocean Blue will unlock (close) all storm drain catch basins equipped with ARS inserts. Ocean Blue will make all necessary mechanical adjustments are made to ensure the functionality of all catch basins equipped with ARS inserts. Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to Mud, vegetation, and garbage from storm drain facilities with seven days of the City's request. All work will be performed in a safe, timely and cost effective manner. All contaminated materials can be weighted if requested before disposal. 3 25E -14 During Storm Season Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation, and garbage from catch basins with inserts when they are filled to 40 percent capacity with seven days of the inspection. All work will be performed in a safe, timely and cost effective manner. Upon completion of the clean out operation and prior to leaving Ocean Blue will sweep clean the top surface and remove all resulting trash and debris within an area of at least two feet. No trash and debris will be left for future pick up. Ocean Blue will provide temporary storage trash and debris. Ocean Blue will provide transportation and dispose of trash and debris in a proper and legal manner. Ocean Blue will stencil the "No Dumping, Drains to Ocean Logo on the top slab of each catch basin if it is not already present or mark if faded. Attached is our flow chart describing the stenciling process. (See last page of this tab) Ocean Blue will report all illicit connection or discharges not related to this contract immediately to the City of Santa Ana. Upon request from the city Ocean Blue can block and contain any products introduced into the storm drain system from illicit connections. Ocean Blue can provide intrinsically safe pipeline camera service to assist investigators from the City to trace the origin of all illicit connections. Ocean Blue will provide a CD video copy of the pipeline investigation of all illicit connections. Ocean Blue can assist the City in its efforts to plug or remove any illicit connections discovered in storm drain systems. 4 25E -15 Ocean Blue will provide an Annual Report of all inspections and cleaning operations with two weeks after the end of the City's fiscal year. The annual Report shall incorporate all inspection reports. The City retains the right to add fields to the annual report. The city shall provide all sample formats for each report. We will provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting Program and application formats will be provided by the City. Upon request Ocean Blue will submit supplemental proposals for additional work not called tinder the Scope of Work of this contract. Ocean Blue will obtain written approval prior to commencing any additional work. Ocean Blue will strictly adhere to all the requirements of the City's NPDES Permits while performing the work required for this contract. 2. Activity Outline Please see the detailed work flow charts for the sequence of activities. Regarding which and how much resources needed for the job, our project manager or supervisor will discuss the required resources with the City representative. Usually, the method of cleaning and acceptable level of cleanness will be decided by the municipalities that o,%ms the system. On large spill incidents, the Incident Commander may by State of California or Federal government. Ocean Blue will be performing nearly all tasks. 1'Pr6ject Schedule 5 25E -16 For Spill Response, if the spill lasts more than a day, there will daily lAP (Incident Action Plan) meeting which will include scheduling. For Storm Drain Facility Cleaning, Ocean Blue will provide ETC (Estimate To Complete) project schedule, as well as Actual and EAC (Estimate At Completion) schedule. 4. Quality Control Ocean Blue considers Quality assurance a very important factor in maintaining the high standard of performance we offer our customers. In our efforts to insure the quality of services are maintained our project assurance go through the following phases: 1. Pre - Project Preparation 2. Project Monitoring 3. Post Project Job Evaluation The Pre - Project preparation involves a) hiring the right people, b) project request check list, c) comprehensive training, and d) supervisorlmanager roundtable meeting to discuss potential problems, techniques, methods and disposal options. Project Monitoring involves the a) Tailgate Safety Meeting and Confined Space Entry Permit (if required) to discuss current project. This meeting gives the employees the opportunities for questions about the project. B) On -Site Visit by General Manager or Safety Officer or company officer to see first -hand that daily plan are implemented effectively and efficiently. 'These visits are at no cost to our customer 5 25E -17 Post Project Job Evaluation involves General Manager's post project meeting with project managers, and if necessary with field crew as well. General Manager will often consult with regulatory agencies for their input on performance and improvement suggestions. For the budget control system on large projects, Ave use EV (Earned Value) system to monitor costs and schedules. Concept is "Actual + ETC = EAC" and our billing department would update the Actuals daily and project manager updates ETC. By looking at our scheduling to see what our EV % Completed and compare this with our schedule and budget to determine the schedule under /overrun, as well as cost underloverrun. We understand that our customers do not like surprises, so if there is any expected cost or schedule D lden ' & any special issues and how to address them. 1. Localized Flood due to plugged storm line or catch basis: There have been major incidents where ARS has failed and caused a major flooding during rain. In fact, all the ARS were removed from the Los Angeles County Public Works system and replaced with giant tube socks like items connected to the outfall. These are in cages so when socks break off due to heavy rain pressure, it says in the cage and does not plug up any drain system. . In case of flooding, Ocean Blue will dispatch our jetters and guzzlers to unplug the lines. Ocean Blue will also dispatch out vacuum trucks and pumps if needed. 25E -18 . Is 2. During the inspection Ocean Blue may discover illegal connections to the storm drain system. We will notify the City and video tape the illegal connections. 3. During the inspection, we may discover cracks in the system where objects can seep into the system. We will notify the City and if desired we will seal the joints with 5 -year warrenty. Ocean Blue have sealed over hundred storm drain joints. 4. On large projects, Santa Ana River may need to be boomed -off. Ocean Blue has 15,000 feet of boom and boats /punts to deploy them. 6. Any enhancements to Scope of Work We recommend adding the following to the scope of work, I. In case of spill cleanup, make every effort to bill RP (Response Party) directly. 2. Have the ability to contain spills in Santa Ana River. 3. Have license and perform Trauma Scene cleanup. Exce tionsffiMations No exceptions or deviations. 0 25E -19 EXHIBIT B FEE SCHEDULE 10 25E -20 CONTRACT COMPARISON FORM Contractor shall complete this form and Subcontractors Form (Attachment 3) and described below in a sealed fee envelope. purposes only. ATTACHMENT 2 include it along with the Designation of Contractor Experience Form (Attachment 4) This form will be used for fee comparison LABOR RATES OF CONTRACTOR PERSONNEL: Classification Hourly Rates Strai ht Time Over-Time Premium Time Project Manager 103.50 135.00 135.00 _Supervisor 79.20 94.50 108.00 Chemistllndustrial Hypienist 157.50 180.00 180.00 Lead Technician 54.00 78.30 103.50 Equipment Mana er 51.30 76.50 99.00 Technician 47.70 68.40 90.00 All personnel shall have a minimum of 40 hours HAZ -WOPER training as specified by 29 CFR 1910 -120. NOTE: Straight Time: Monday through Friday, from 8:00 am to 5 :00 pm. Overtime: Monday through Friday, before 8 :00 am and after 5.00 pm, and all day Saturday. Premium Time: Sundays, City Holidays and after 12 hours of work. SEE ATTACHMENT FOR ADDITIONAL RATES Page I8 of 30 25E -21 O OLUE ENVIRONMENTAL SERVICES, INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624 -4120 Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 1. HAZARDOUS WASTE- TRAINED PERSONNEL HOURLY RATE ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ -WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 WlTRAFFIC CONTROL LIGHTS & LIFTGATE STRAIGHT OVER- PREMIUM CLASSIFICATION TIME TIME TIME PROJECT MANAGER 1033.50 135.00 135.00 SUPERVISOR 79.20 94.50 108.00 CHEMIST/ INDUSTRIAL HYGIENIST 167.50 160.00 180.00 LEAD TECHNICIAN 54.00 78.30 103.50 EQUIPMENT OPERATOR 51.30 76.50 99.00 TECHNICIAN 47.70 68.40 90.00 ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ -WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 WlTRAFFIC CONTROL LIGHTS & LIFTGATE 40.50 GEAR TRUCK W/ LIFTGATE 40.50 EMERGENCY RESPONSE UNIT - LARGE 212.40 EMERGENCY RESPONSE UNIT - SMALL 142.20 CREW VAN 31.50 BOB CAT W /SOLID TIRES 49.50 VACUUM TRAILER - 20 BBL 49.50 VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 99.00 VACUUM TRUCK -120 BBL* 117.00 VACUUM TRUCK -120 BBL STAINLESS STEEL* 135.00 OMNI VAC - 85 BBL* 225.00 JETTER / VACTOR COMBO UNIT* 225.00 ROLL -OFF TRUCK* 99.00 ROLL -OFF TRUCK AND TRAILER* 117.00 DUMP TRUCK -10 WHEEL* 85.50 2V BOX VAN* 85.50 END DUMP TRUCK - 24TON* 99.00 45' BOX VAN* 99.00 45' FLAT BED* 99.00 BACK HOE 81.00 25' EQUIPMENT TRAILER 31.50 " *" DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. AND FUEL SURCHARGE OF 20°x6 LONG BEACH * 2 c &g1ZF 6 + SAN DIEGO o ENVIRONMENTAL SERVICES, INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624 -4120 Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 3. RESPIRATORY I CONFINED SPACE ENTRY EQUIPMENT SELF- CONTAINED BREATHING APPARATUS (30 MIP 124.20 DAILY 6 -PACK BREATHING AIR BOTTLES 248.40 DAILY 5- MINUTE EGRESS AIR BOTTLE 35.10 DAILY TRIPOD WIDOUBLE WINCHES 223.20 DAILY FULL BODY HARNESS WI SHOCK ABSORBER 31.50 DAILY COPPUS BLOWER 180.00 DAILY 4-GAS AIR MONITOR 272.70 DAILY PID METER 378.00 DAILY MERCURY VAPOR ANALYZER 472.50 DAILY OVA MONITOR 331.20 DAILY DRAGGER PUMP 28.80 DAILY DRAGGER TUBES 14.40 EACH PERSONAL 4 GAS METER 225.00 DAILY 4. TRAFFIC CONTROL ARROW BOARD 202.50 DAILY PORTABLE DECON STATION WIARROWBOARD 270.00 DAILY BARRICADES WI REFLECTORS, EACH 28.80 DAILY DELINEATORIREFLECTIVE, EACH 1.80 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 14.40 DAILY TRAFFIC CONEIREFLECTIVE, EACH 2.70 DAILY TRAFFIC CONTROL SIGNS 48 "X48 " /REFLECTIVE 33.30 DAILY 5, CLEANING EQUIPMENT AIR COMPRESSOR 27.90 HOURLY CHEMICAL DIAPHRAGM PUMP 283.50 DAILY DECONTAMINATION STATION 193.50 DAILY DIAPHRAGM PUMP 203.40 DAILY HYDROBLASTER 71.10 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 99.00 DAILY STEAM MACHINE 1,000 PSI 22 GPM 61.20 HOURLY STEAM MACHINE 3,500 PSI 6 GPM 47.70 HOURLY PORTABLE TRASH PUMP 189.00 DAILY AIR SCRUBERS PORTABLE 157.50 DAILY HEPA FILTERS FOR SCRUBBERS 117.00 EACH 2" TRANSFER HOSE - 30' 9.00 DAILY 3" CHEMICAL TRANSFER HOSE - 30' 13.50 DAILY 55 GALLON CARBON SCRUBBER FOR VAC TRUCKEE 180.00 DAILY 3 STALL DECONTAMINATION SHOWER 270.00 DAILY 6. PORTABLE STORAGE UNITS 20 -YARD BIN, OPEN TOP 23.40 DAILY 20 -YARD BIN, CLOSED TOP 27.00 DAILY 40 -YARD BIN, OPEN TOP 23.40 DAILY 40 -YARD SIN, CLOSED TOP 28.80 DAILY BIN LINERS C 47.70 EACH * LONG BEACH 0 25FAr23F 5 A SAN DIEGO OCEfifl-OLUE ENVIAONMENTflL SERVICES. INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624 -4120 Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 7. OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES &'12,000 189.00 DAILY BOOM TRAILER (STANDBY) Wl 1500' OF 8 "x12" BOO 142.20 DAILY BOOM 8 "x12" (DEPLOYED) 1.80 PER FT /DAY BOOM 4 "x12" (DEPLOYED) 1.13 PER FT /DAY 22' TOW /SPILL CONTROL BOAT W/ 200 HP MOTOR 121.50 HOURLY 22'x 8' SELF POWERED BARGE 81.00 HOURLY 19' TOOL SPILL BOAT W190HP 81.00 HOURLY 17' TOW /SPILL CONTROL BOAT W/40 HP MOTOR 67.60 HOURLY 14' TOW /SPILL CONTROL BOAT W/ 25 HP MOTOR 54.00 HOURLY 12' PUNTS 31.50 HOURLY 12' PUNTS W/ 5HP MOTOR 40.50 HOURLY GLOW STICKS FOR BOOM 5.40 EACH SPLASH ZONE 2 -PART SEALER 148.50 PER GALLON 25 LBS ANCHORS W/ 15' CHAIN 13.50 DAILY 15 LBS ANCHORS W/ 10' CHAIN 9.00 DAILY 24" BOEYS 13.50 DAILY EMERGENCY RESPONSE TRAILER 425.70 DAILY ROPE MOP SKIMMER 142.20 HOURLY DRUM SKIMMER TDS -136 W/ POWER PACK 189.00 HOURLY SKIM -PAK SERIES 4000 W/ CONTROL SYSTEM 58.50 HOURLY SKIMMER TRAILER 189.00 DAILY ABSORBENT BOOM TRAILER 142.20 DAILY ATV (ALL TERRAIN VEHICLE) W/TRAILER 247.50 DAILY 8. MATERIALS 10 GALLON DOT DRUM, STEEL 45.00 EACH 15 GALLON DOT DRUM, POLY 45.00 EACH 16 GALLON DOT DRUM, STEEL 45.00 EACH 20 GALLON DOT DRUM, STEEL 47.70 EACH 30 GALLON DOT DRUM, POLY 47.70 EACH 30 GALLON DOT DRUM, STEEL 47.70 EACH 5 GALLON DOT DRUM 17.10 EACH 55 GALLON DOT DRUM, POLY 66.70 EACH 55 GALLON DOT DRUM, STEEL 55.80 EACH 85 GALLON DRUM, OVERPAK, STEEL 202.50 EACH 95 GALLON DRUM, OVERPAK, POLY 202.50 EACH ACID SPILFYTER NEUTRALIZER PER QT 18.00 EACH BASE SPILFYTER NEUTRALIZER PER QT 18.00 EACH BATTERIES, 6V 17.10 EACH BATTERIES, AA 18.90 PER BOX BATTERIES, AAA 18.90 PER BOX BATTERIES, C 28.80 PER CASE BATTERIES, D 28.80 PER CASE BATTERIES, LITHIUM 18.90 EACH BIO -SOLVE (HYDROCARBON ENCAPSULANT) 33.30 PER GALLON BLEACH 4.50 PER GALLON CAUTION / BARRICADE TAPE 23.40 PER ROLL + LONG BEACH i 25EMZ4F 5 ® SAN DIEGO 925 West Esther Street Long Beach, CA 90813 OcEfinwWOLUEPh: (562) 624 -4120 ENVIRONMENTIlL SERVICES, INC. Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA CHEMICAL POLY TOTES 157.50 EACH CHLOR- D -TECT Q4000 17,10 EACH CITRI- CLEAN, 55 GALLON 756.00 PER DRUM DIESEL FUEL (EQUIPMENT) 3.15 PER GALLON DRUM LABEL 0.90 EACH DRUM LINER 2.70 EACH DUCT TAPE 6.30 PER ROLL EAR PLUGS 200 /BOX 94.50 PER BOX FACE SHIELD 11.70 EACH HAND CLEANER 7.20 CAN HEPA VACUUM FILTER PROTECTORS 18.90 EACH HEPA VACUUM REPLACEMENT BAGS 18.90 EACH OIL SORBENT POM POMS 52.20 PER BALE PH PAPER 17.10 PER BOX PLASTIC BAGS 67.50 PER BOX PLASTIC SHEETING 67.50 PER ROLL RAGS, 50 LB BOX 61.20 PER BOX ROPE 1/2 POLY, 100' ROLL 28.80 PER ROLL ROPE 518 POLY, 100' SPOOL 33.30 PER ROLL SAMPLE JARS -1QT 11.70 EACH SAND BAGS 3.60 EACH SHRINK WRAP 27.00 ROLL SIMPLE GREEN 11.70 PER GALLON SODA ASH 6.30 PER GALLON SORBENT BOOM W/ JELLING MATERIAL 378.00 PER BALE SORBENT BOOM, 8 "x10" 49.50 EACH SORBENT PADS 18 "x18 "x1 /4" (200 1BALE) 81.00 PER BALE SUPERFINE, 25 LB BAG 17.55 PER BAG TRIWALL BOXES 142.20 EACH VERMICULITE 27.00 PER BAG 9. TOOLS AND OTHER EQUIPMENT BIO- HAZARD "BLOOD" SPILL KIT 94.50 EACH BOAT HOOKS 3' -9' TELESCOPING 7.20 DAILY BOBCAT SWEEPER ATTACHMENT 135.00 DAILY BROOMS HAZ -MAT 9.90 DAILY CHAIN W/ BINDERS 11.70 DAILY CHEST WADERS 56.70 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 135.00 DAILY COM -A -LONG - 4000 LBS 6.30 DAILY CONCRETE SAW 142.20 DAILY CONCRETE SAW BLADE 47.70 EACH CUTTING TORCH 136.80 DAILY DEMO TOOLS 71.10 DAILY DRUM SAMPLING ROD (GLASS) 7.20 EACH DRUM VACUUM - 55 GALLON 108.90 DAILY EXPLOSION -PROOF FLASH LIGHT 24.30 DAILY EXTENSION LADDER 11.70 DAILY EYEWASH STATION 28.80 DAILY 0 LONG BEACH 0 2 7 *2 & 5 0 SAN DIEGO 0 925 West Esther Street n Long Beach, CA 90813 nPh: (562) 624 -4120 ENVIRRNMENTIRL SERVICES, INC. Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTOR) 202.50 DAILY FORK LIFT 174.60 DAILY GENERATOR, 10KV TRAILER MOUNTED 31.50 HOURLY GENERATOR, 5500 WATTS 112.50 DAILY HAND TOOLS 47.70 DAILY HAND WASHING STATION 45.00 DAILY HAZ -CAT KIT 18.90 PER TEST HEPAVACUUM (DRY) 142.20 DAILY HIP WADERS 47.70 DAILY HUDSON SPRAYER 18.90 DAILY JACK HAMMER 90 LBS 112.50 DAILY LIFE JACKETS 14.40 DAILY LIGHT STAND (2 BULBS) 33.30 DAILY LIGHT TOWER (4 BULBS) 270.00 DAILY MEALS ON SPILLS 7.20 EACH MERCURY VACUUM 472.50 DAILY NOWSPARKINO COLD CUTTER/ RIVET BUSTER 90.00 DAILY NON- SPARKING COLD CUTTER TIPS 27.00 EACH PER DIEM ALLOWANCE ON TRAVEL 99.00 DAILY PICKS "MINERS" 2.70 DAILY PLUG & DIKE,1 LB CAN 23.40 EACH POLY SIPHON (POGO) PUMP 18.00 EACH PORTABLE RESTROOM W /SINK 142.20 DAILY PROFILING FEE (PER WASTE STREAM) 71.10 EACH RADIO 2 -WAY, INTRINSICALLY SAFE 37.80 DAILY RAKES 4.50 DAILY SAMPLE COOLER 14.40 DAILY SAWZALL 75.60 DAILY SCAFFOLDING - PORTABLE (2 1/2'x V x 6) 37.80 DAILY SCAFFOLDING - TOWERS (5'x V x 10') 73.80 DAILY SHOVELS /HAZ -MAT 9.90 DAILY SKIL SAW 33.30 DAILY STEEL SPIKES, 36' 5.40 DAILY TRUCK RAMPS (30,000 LBS) 270.00 DAILY VAPOR TIGHT DROP LIGHTS 142.20 DAILY VENTILATION FAN 108.90 DAILY WATER METER 236.70 DAILY WATER TANK TRAILER W/ PUMP 319.50 DAILY 10. PERSONAL PROTECTIVE EQUIPMENT (PPEI LEVEL "X- FULLY ENCAPSULATED GAS -TIGHT SUIT WITH SCBA 450.00 PER SET LEVEL "B" - POLY -TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT WJSCBA 142.20 PER SET LEVEL "C" - TYVEK THROUGH SARANEX SUIT W1 AIR PURIFYING RESPIRATOR 61.20 PER SET LEVEL "D" - TYVEK, POLY -TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 28.80 PER SET LONG BEACH + 2 96 5 i SAN DIEGO + ATTACHMENT 3 DESIGNATION OF SUBCONTRACTORS FORM PART I — LIST OF KEY PERSONNEL Names Bilt Piekkola Functions Pro'ect Mana er Moonho Lee Contract Administrator / C.F.O. Ron Dare Project Manager / President Ed Long Project Manager PART it — LIST OF SUBCONTRACTOR/SUBCONTRACTORS I Subcontractor Name /Address Function j National Plant Services I Storm drain video inspection. Page 19 of 34 25E -27 25E -28 A -2012 -105 INSURANCE NOT ON FILE WORK MAY ENDI PROCEED OLERKOFCOUFI� CONTRACTOR AGREE MENT Z. DrTAIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between United Storm Water, Inc., a California corporation (hereinafter referred to as "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 spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. 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 contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A -1, respectively, and incorporated by reference. ` 1 N : IIlrZoofflilliRL1 NZ Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the City's Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM EXHIBIT 2 25E -29 This Agreement shall commence on July 1, 2012 and terminate on June 3.0, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one -year terms, at the option of the Executive Director of Public Work. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however; the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to 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 Iiability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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. 7. INDEMNIFICATION 2 25E -30 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 death, 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, 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. 8. 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" shah include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 3 25E -31 and Santa Ana, California 92702 Fax 714 - 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: United Storm Water, Inc. 1400 E. Valley View Blvd City of Industry, CA 91746 Fax 626 -961 -3166 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. i ��.�i��lL����`�11 \►i 1 �1►1�►�1 �i►Y 1 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. 12. 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 consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. 4 25E -32 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on foiiowingpage 25E -33 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: `7'1 : 4y A"!Yy'71- Maria D. Huizar. Clerk of the Council APPROVED AS TO FORM: A--S h e e FY Assistant City Attorney C E �D FO APPROVAL: Ra odinez, II Executive Director - VA CITY OF SANTA ANA PAUL WALTERS City Manager UNITED STORM WATER, INC. . a-,i- & A EDUARDO PE President 25E -34 Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and /or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near -by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam /pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick -ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DISC), the United States Department of Transportation, The Environmental Protection Agency and the EPA - permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report. During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and/or blocking the opening. 7 25E -35 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing /Easting) 3. Dimensions 4. Identification Number 5. Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation and prior to leaving, sweep /clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick -up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 25E -36 EXHIBIT A -1 CONTRACTOR'S PROPOSAL 25E -37 s COPY INVITATION FOR BIDS SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING 0 City of Santa Ana Public Works Department 20 Civic Center Plaza M -36 Santa Ana, California 92701 Submitted by UNITED STORM WATER INC. 14000 E. Valley Blvd. City of Industry, CA 91746 Ramon Menjivar Senior Project Manager 6261961 -9326 Office 6261961 -3166 Fax 6261890 -7104 Cell ramonm(@unitedstormwater.com Due Date: May 3, 2012 @ 4:00 pm 25E -38 Labor Hour Allocation United Storm Water's labor and equipment resources are on a 4 hour minimum and hourly portal to portal from 6 am to 5 pm regular time and overtime anything after 8 hours. Double time applies after 12 hours United ,Storm Water is a 24 -hour service provider with all of the experience, staff, equipment, permits, and licenses In place for beginning the work required by this 1FB immediately. Over the years we have designed and built our own custom equipment for handling the dynamic needs of customers and unique projects. United owns and operates a wide variety of specialized equipment required for storm drain cleaning, structural BMP maintenance and installation, and related traffic control, including yet not limited to the following: 8 E Residential Industrial Vacirons 1 800 gat capacity, wet and dry vacuum, 700 psi pressure 11 700 ! Roll -Off & Dewatering Bins washer 3 -axle, 80000 lb gross vehicle weight, transport up to yd bins winch for loadinglunloading 10 cu yd and 20 cu yd capacity, rolling door covers 26 Stakebed Trucks Heavy duty with liftgates 10 Pickup Trucks tight and heavy duty 27 Air Monitors Test for oxygen deficiency /enrichment, flammable gases, hydrogen sulfide, and carbon monoxide 12 Tripods 6 to 9 feet high, adjustable 16 Hoist Lifts 50 -feet of lifting cable 0 25E -39 l 22 Air Blowers 8" inlet and outlet, 110 volts 15 Electric Hammer Drills Milwaukee and Hilti, rechargeable 24 Electric Nut Setters/Drivers Hilti, rechargeable 15 Electric Handle Grinders Milwaukee 15 Generators Honda ES -3600 8 Mobile Welding Machines Miller wire welder 12 Arrow Boards Trailer mounted with generators 3000 Traffic Cones Reflective tape, Caltrans approved 250 Delineators Caltrans approved 150 Barricades Caltrans approved warning rights types A, B, and C 200 Signs Construction, safety, and directional signs multiple Other Specialized Equipment NIA multiple 24 -Hour Access to any Rental Equipment in the Market Place N/A 25E -40 { Project Manager and other key personnel. Ramon Menjivar (Senior Project Manager) City of Industry, California 43 years with firm Ramon Menjivar, Senior Project Manager for United Storm Water will have full responsibility for the Contract and will coordinate with the City and all other project team members in order to fulfill service requests. Mr. Menjivar's involvement in the management of this project will be key to its success and he will be on -call 24- hours, Backup Project Manager Remberto Dominguez City of Industry, California 4 years with firm Remberto Dominguez will provide assistance to the Project Manager as required for the execution and management of this project if needed. 25E -41 Field Supervisor & Quality Control Inspector City of Industry, California 6 years with firm Jose Ponce, Field Supervisor for United Storm Water, will report directly to Ramon Menjivar, will aid in coordinating all field crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will deal with customer complaints and inquiries. Safety Officer City of Industry, CA 7 years Katie Perry Safety Officer for United Storm Water will be called on for this project when needed for developing Site Health and Safety Plans. Ms. Perry will address the protocol that is followed by United's employees and subcontracted service staff to ensure a healthy and safe work environment including: Conducting and enforcing a company safety program 9 Instructing 40 -hour HAZWOPER training and 8 -hour refresher courses, confined ' space entry training, environmental compliance training, PPE training, hazardous material response training, and other assigned training sessions • Developing Site Health and Safety Plans Conducting field safety inspections Tracking employee accident and health exposures • Maintaining permits with regulatory agencies • Preparing for compliance audits 25E -42 0 Hazmat Emergency Responder .__ City of industry, California 8 years Eduardo Perry III is United's Primary Hazmat Emergency Responder and are on -call 24- hours for dispatch and response to emergency spills involving hazardous matedalslwastes. Mr. Perry is responsible for training field personnel in a classroom setting, and also supervises and manages crews during spill incidents. He will be called on for this project (if requested by the County) in the event that any type of hazardous spill response may be required. His training for this position includes: • Incident Commander Training • Hazardous Materials Technician Training • Certified Advanced Tank Car Specialist • 40 -Hour HAZWOPER Training • SCBA Certified • Confined Space Entry Training • Confined Space Rescue Training • DOT HM -126F, HM -180 & HM -181 • Bloodborne Pathogens Training • CPR & First Aid Training • Traffic Control Training Per Caltrans Chapter 8 Standards • Certified Air Monitor Calibration & Repair Technician 25E -43 Adminisfrafive Personnel City of Industry, California United's administrative personnel have firsthand experience with developing and maintaining databases required for storm water related projects using MSExcel, MSAccess, and Wro}ect software. They efficiently and accurately perform data entry and prepare reports for all of the contracts that are managed by our firm, 25E -44 Organizational Chart Eugene Hemandez Manufacturing Manager - Eduardo Perry Jr. President Ramon Menjivar Senior Project Manager Clerical= Administration Katie Perry Eduardo Perry III Safety Officer Hasmat Emergency Responder ProjeeE Managers Lydia Perry Chris- Angniano Tery Flury Remberto Dominguez Field Technicians Key personnel will be available for the duration of this project. if any changes arise the city will be informed In writing by the contractor. 25E -45 Work Plan Approach to completing task United has vast experience in deploying personnel and equipment within one hour response and understands how crucial it is to respond in a timely manner. United has over 64 technicians, 10 supervisors along with 12 vacuum trucks, I I vactor trucks, roll offs and end dumps that will be available if needed. Our personnel will quickly respond to various points and try to locate the source of any spill or discharge into the storm drain system and will try to isolate from entering into waterways. United Storm Water is comprised of a team of dedicated individuals who are highly experienced in storm drain maintenance, fabrication and installation of catch basin inserts, ARS units, CPS units, and working with government entities. Many of our employees have worked with our firm for over 10 years and along and will successfully plan, manage, and deliver professional, reliable, and innovative services for this project. United will provide all labor, equipment, materials necessary to perform both scheduled and as- needed inspection or cleaning of catch basins inserts according to JFB. United has capability of making any necessary repairs to the ARS or CPS units in place. United will also respond to any emergency calls. All catch basins are inspected monthly during the storm season and cleaned as needed. Catch Basins are inspected after each major storm event and cleaned as needed.The work will also include as- needed 'No Dumping" stenciling and the unlocking and locking of automatic retractable screen covers before and after the rain season. The work will be performed on all city own catch basins and be able to responding within one hour in case of an emergency as described in the scope of work of the IFB. An additional inserted catch basins may be added to this Contract at the sole discretion of the City. 25E -46 i United service staff performs storm drain cleaning and maintenance services on a daily basis. Additionally, United's service staff has successfully installed thousands of BMPs yearly for various private and government entities throughout California. All service staff to be used for this project has received in -class and in-the-field training regarding the environmental regulations that govem our industry and are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving storm drain maintenance and the handling of or exposure to hazardous materials, substances, or waste including: • 40 -Hour HAZWOPER Training & 8 -Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT HM- 1261=, HM -184 & HM -181 • Bloodbome Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training 1_iveScan (Required by Transportation Security Administration) t 25E -47 0 An outline of activities for completing Contract Objectives are the following: 1. Submit W -9 Form Personnel 2. Submit Insurance Requirements Administrative Personnel 3. Attend Contract Kick -Off Meeting Key Staff Members 4. Obtain Storm Drain Maps from City Project Manager, Ramon Menjivar 5. Submit Inspection Schedule for all Catch Basins Project Manager, Ramon Menjivar and Inserts to Public Works Representative 6. Submit Procedure for Receiving and Responding Backup Project Manager, Remberto to Complaints to Public Works Representative Dominguez 7. Perform Project Planning Key Staff Members IN , Remberto Dominguez Personnel Backup Project Manager, Remberto Dominguez 10. Obtain Permits (Construction, Encroachment) Backup Project Manager, Remberto Dominguez 11. Conduct Field Tailgate Meetingfrraining Project Manager, Ramon Menjivar 25E -48 12. InspectfClean/Lock/Unlock Inserts and Emergency Response Service Staff 11 Enter Data Into Database Administrative Personnel 14. Procure/Manufacture RepaidReplacement inserts Manufacturing Personnel 15. Perform Quality Assurance of Products Manufacturing Manager, Eugene Hernandez 16. Meet With Public Works Representative Regarding installation Schedule /Service Zones Project Manager, Ramon Menjivar 17. Repair /Replace Inserts (if needed) Service Staff 18, Enter Data Into Database Administrative Personnel 19. Provide Reports and GPS Based Photographic Documentation to Public Works Representative Project Manager, Ramon Menjivar 20. Obtqin Inspector Buy -Off of Services Performed Project Manager, Ramon Menjivar 21. Submit Invoicing Project Manager, Ramon Menjivar Project Schedule Within 7 days of contract award United will submit W -9 form and insurance requirements to the Public Works Representative. Project planning will begin after attending the Contract kick -off meeting, obtaining maps, and obtaining further clarification of the scope of work and discussion of how United will be required to coordinate with the Pubic Works Representative. Within 7 days of notice to proceed United will submit an inspection schedule to the Public Works Representative for 25E -49 approval. Thereafter, United's Backup Project Manager will coordinate with the Project Manager to develop a database per the requirements of the IFB and Administrative Personnel Mil be trained. Methods to Ensure Quallty Control United will keep in contact with the City of Santa Ana public works representat'nte in regard to their needs or emergencies and will only deploy the necessary equipment Through past experience United has found out that keeping good communication with the public works representatives or city staff is crucial in emergency situations to try to deploy emergency response, equipment and personnel as has done so in the past for some of our customers such as Union Pacific Rail Road, Department of Transportation, Metroli6k and others. ,lose Ponce, Field Supervisor and Quality Control Inspector for United Storm Water, will report directly to the Project Manager, will aid in coordinating all field crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will.deal with customer complaints and inquires. All key personnel shall be assigned to this project for the duration of the. Contract and will diligently pursue all work and services to meet the project time tines. United's Project Manager will provide the Public Works Representative with a log of daily activitles /progress reports that will include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next required service. Upon completion of each round of service the Project Manager will request City Inspector buy -off of services. When services have been approved United's Project Manager will meet with the Public Works Representative for final submittal review of inspection report, disposal invoices (including weight tickets and manifests), and invoicing wilt be submitted. Public Works will reimburse all dumping fees. Compensation for as- needed repair /replacement parts for ARS /CPS units will be based on actual cost. 25E -50 Arolllems that may arise during contract United understands all the requirements on this RFP and is aware that there will be data base information as well as pictures for the work performed to meet the cities requirement. Has the city looked into how all this information would be provided to the city? United will suggest the database to be provided on external hard drives or on our website server. Innovations to scone of work Innovations to the scope of work United would like to offer our services for repair or replacement to any of the existing AIRS or CPS devices that might become in need of service. 25E -51 License Requirements United Storm Water is a general engineering contractor with the proper licenses, perniits, qualifications, and approvals to perform the scope of work required for this project as well as extra services that may be contracted separately for corrective actions such as hazardous substance removal, remedial actions, and demolition. Date Incorporated: 1999 o Federal Tax ID Number: 95- 4742126 • California Contractor's Board License Number. 768583 o A— General Engineering o HAZ -Hazardous Substance Removal and Remedial Actions Contractor o C21— Building Moving/Demolition Contractor o C27 —Landscaping Contractor o C31— Construction Zone Traffic Control Contractor o C42 — Sanitation System Contractor • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • United States DOT Number: 1637075 • US DOT Hazardous Materials Certificate of Registration Number: 06011055201 • California Highway Patrol - Hazardous Materials Transportation License Control Number: '132487 • California Department of Motor Vehicles Motor Carrier Permit Number: 0203159 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company Number: 526397 • OSHA Trench and/or Excavation Permit Number: 2012 - 906094 25E -52 EXHIBIT B FEE SCHEDULE 10 25E -53 14000 E. Valley Blvd City of Industry, CA 91746 City of Santa Ana RATE SCHEDULE 25E -54 2012 Rate Schedule TABLE OF CONTENTS Page No. What do we do? 2 -3 Licenses/Permits 4 Transportation Equipment Listing 5 Additional Equipment Listings 6 Traffic Control Equipment Listing 7 RATES Operated Equipment 8 -9 Traffic Control Equipment 9 Emergency Response Units 10 Loading/Excavating Equipment 10 Un- operated Equipment 11 -12 Personnel 13 Unoperated Cleaning Equipment 14 Unoperated Safety Equipment 15 Rental Equipment 16 Disposal Charges 16 Consumables 17 -19 Lab Charges 19 Outside Service Charges 19 Special Notes 19 25E -55 TYPES OF MATERIALS WHICH UNITED IS QUALIFED AND WILLING UPON REQUEST TO HANDLE: United Pumping Service, Inc. is licensed to remove and transport most categories of hazardous materials, excluding radioactive materials, explosives, and pressurized oxidizing gases such as Fluorine, Chlorine, as well as Anhydrous Ammonia. UNTI'ED'S CAPABILITY AND EXPERIENCE IN THE HANDLING OF HAZARDOUS MATERIALS: United Pumping Service, Inc., possesses over thirty years experience in the handling of hazardous materials on an every day basis. We have performed under contract for the State of California Department of Transportation for eighteen years. Our entire spill crew is trained in procedures relating to the safe handling of hazardous materials, and has been trained, medically monitored, certified in respiratory protection, confined space entry, and CPR. United Pumping Service, Inc., owns substantial equipment commonly used in performing emergency spill cleanups. This includes a complete range of vacuum trucks, roll -off trucks, loaders, washing equipment, safety equipment and so on. GOVERNMENTAL PERMITS /LICENSES POSSESSED BY UNITED RELEVANT TO HANDLING AND DISPOSAL OF HAZARDOUS MATERIALS. See Attachment A ( Page 4) TYPES OF EQUIPMENT OWNED BY UNITED: See Attachment B (Pages 5 -7) UNITED HAS ANALYTICAL FACILITES FOR ON -SITE H)ENTIFICATION OF SUBSTANCE: United Pumping Service, Inc., has the capability to determine ignitability, corrosiveness, certain reactability parameters, etc., on site; by way of Hazcat (TA test method. We also have analytical chemists available as they may be needed. 25E -56 LABORATORY CAPABILITIES: Extensive and elaborated analysis is available with several prominent EPA and CAL -EPA approved commercial laboratories. DISPOSAL CHARGES: Disposal fees are billed to the customer at cost plus 15% Service Charge. CHARGES: All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out HOLIDAYS: On the following holidays, there will be an additional charge of $50.00 per man hour. New Year's Day President's Day Memorial Day Fourth of July Good Friday Veteran's Day 4 25E -57 Labor Day Thanksgiving Day Day after Thanksgiving December 24`h Christmas ATTACHMENT A STATE REGULATIONS: United Pumping Service, Inc. is in full compliance with A.B. 718 registration of liquid waste carried with the State Water Resources Board and the State Department of Health Hazardous Waste Regulation. Hazardous Waste Hauler Number: 0063 Installation EPA Identification Number: CAD072953771 General Engineering Contractor — Class A License No 617639 Hazardous Substance Removal and Remedial Actions Certification - License No. 617639 Demolition Contractor — License No. 617639 Traffic Control Contractor — License No. 617639 SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company ID 96369 OSHA Trench and/or Excavation Permit — No. 556404 Contractor State License Asbestos Certification — License No. 617639 25E -58 ATTACHMENT B Available Transportation Equipment All Radio Dispatched 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 60 Barrel Stainless Steel Vacuum Tankers 2 each 50 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Stainless Steel Vacuum Tankers (Fiberglass Lined) 1 each 60 Barrel Stainless Steel Vacuum Tankers (Kesite Lined) 1 each 142 Barrel Stainless Steel 3- Compartment Tanker 6 each 48' Enclosed Vans (drum hauling) 3 each 48' Drop Deck Trailers 9 each Vactor, Industrial Vacuum Trucks, WeUDry, 4500 -7500 C.F.M. 3 each Vactor and Jetter Combos, Wet only 9 each Vactron Trucks 9 each Semi -End Dumps Demo Dumps (swinging back door) 11 each Roll -Off Truck & Trailers 7 each Emergency Response Utility Trucks with Lift Gate 24 each Stakebed Trucks with Liftgate Hydraulic Hoists, and Arrow Boards 16 each Pick -Up Trucks 1 each Bio Trailer G9 25E -59 ADDITIONAL EQUIPMENT 500 each Roll -Off Bins in Different Configurations, and sizes including lined de- watering roll -off 7 25E -60 bins 20 each Portable Liquid Storage Tanks 2,000 to 10,000 gallons 12 each Various Washing Equipment, Pressure Washers; 3,000 PSI 3 each Hydrotech High Pressure Heated Wash Unit 8 each Generators (10 -K and 6.5 K) 8 each Air Compressors 160 -180 CFM 2 each Plasma Cutter 5 each Acetylene Units 8 each Forklifts (4,000 lbs thru 12,000 lbs) 1 each Kabota 4 WD Tractor Front End Loader and Accessories I each 950B Cat Loader with enclosed cab 1 each 446 Cat Backhoe (including breaker & compactor attachments) Buckets available — 36" smooth, 21" & 15" with teeth 2 each 853 Bobcat - Loader (including breaker, sweeper & grappler attachments) I each John Deere 555 Crawler Loader with 4 in 1 Bucket I each Minnie Excavator Open Quantity Safety Gear (Cascade Breathing Air Systems SCBA's, Protective Clothing, P.P.E.) 2 each Drum Crushers 10 each Wilden M -8 Pump to M -15 Pumps 6 each Jetter Unit (Towable) / 4000 PSI Pressure Washer 4 each Six (6) Person Air Purification Panels United has 24 hour access to any rental equipment in the market place. 7 25E -60 TRAFFIC CONTROL EQUIPMENT 12 each Flood Lights with Generators 12 each Arrow Boards, Trailer Mounted with Generators 3000 each Reflective Traffic Cones, CalTrans Approved 250 each Delineators, CalTrans Approved 100 each Reflective Personnel Safety Vests 150 each Barricades with CalTrans Approved Warning Lights Type A, B, & C 200 each Associated Construction, Safety, Directional Signs 48 "x48" and 30 with Changeable Lettering Features 2 each Pick —ups with Lap top Computer Controlled Changeable Message Signs 11 each Stakebed with Truck Mounted Crash Cushions (TMCCJ) aka Attenuater or Shadow Trucks All United personnel are in constant contact with company dispatch utilizing hand held radios /cell phones. 0 25E -61 HOURLY RATES FOR OPERATED EQUIPMENT - INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME "HOLIDAY NO. *101 Vacuum Truck, 50 BBLS Mild Steel $ 75.00 $ 95.00 $125.00 *102 Vacuum Truck, 50 BBLS Stainless Steel $ 80.00 $ 100.00 $130.00 *103 Vacuum Truck, 120 BBLS Mild Steel $ 78.00 $ 98.00 $128.00 *104 Vacuum Truck, 120 BBLS Stainless Steel $ 85.00 $105.00 $135.00 *105 Vacuum Truck, 60 BBLS Kesite Lined $ 103.00 $123.00 $153.00 *114 Vacuum Truck, 120 BBLS Fiberglass Lined $ 110.00 $130.00 $160.00 *107 Vacuum Truck, 142 BBLS 3- Compartment Stainless Steel $115.00 $135.00 $165.00 119 Water Truck $ 66.00 $ 86.00 $116.00 *108 45' Enclosed Van $ 78.00 $ 98.00 $128.00 *109 48' Drop Deck $ 78.00 $ 98.00 $128.00 *110 End Dump Truck $ 85.00 $105.00 $135.00 131 Dump Truck 2 -Axle $ 75.00 $ 95.00 $125.00 111 Roll -off Truck $ 78.00 $ 98.00 $128.00 112 Roll -off Truck and Trailer (Tandem) $ 85.00 $ 105.00 $135.00 *115 Vactor /Guzzler -Heavy Industrial Vacuum $140.00 $160.00 $190.00 161 Vactor /Guzzler -High Rail $165.00 $185.00 $215.00 *117 Combination Vactor /Jetter Truck $155.00 $175.00 $205.00 * 124 Vactron $ 82.00 $ 102.00 $132.00 492 Rodder Truck $105.00 $125.00 $155.00 Truck Tractor for Spill Response- Trailer mobilization and Demobilization $70.00 $ 90.00 $120.00 495 Mini -Me $78.00 $ 98.00 $128.00 6 25E -62 HOURLY RATES FOR OPERATED EQUIPMENT — INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME * *HOLIDAY NO. 116 John Deere 555 Crawler Loader /Backhoe /Cat 950 Loader transport $ 105.00 $125.00 $155.00 ** IMPORTANT: SEE NOTES ON NEXT PAGE HOURLY RATES FOR OPERATED EQUIPMENT — INCLUDES OPERATOR ITEM EQUIPMENT STRAIGHT TIME *OVERTIME * *HOLIDAY NO. laid -C &T Prevailing Wage Surcharge $ 35.00/hr. When Prevailing Wage Rates or Davis Bacon Wage Rates Apply: There will be an additional charge of $30.00 per hour for all personnel and/or operated equipment. *Overnight demurrage on vacuum trucks, end dumps, drop deck, and dry vans $250.00 /day 717 Fuel Surcharge/Insurance 20% of Trucking Charges Overtime: Overtime applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday and from Friday Midnight through Sunday Midnight Holidays are listed on Page 3 All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. Traffic Control Equipment A. Operated 125 Cushion Truck $100.00 $116.00 $150.00 126 C.M.S. Truck $100.00 $116.00 5150.00 (changeable Message Sign) B. Unoperated 127 Arrow Board $ 60.00 /day 128 Traffic Cones $ .60 /day /ea. 129 Traffic Signs $ 3.50 /day /ea. 10 25E -63 HOURLY RATES FOR UNOPERATED EQUIPMENT — OPERATOR BILLED SEPARATELY ITEM EQUIPMENT RATES NO. PERSONNEL/EMERGENCY RESPONSE UNITS 152 Pick -up Truck $ 20.00/hr 153 Utility Truck (E.R.) S 40.00/hr 154 Company Auto $ 15.00/hr 155 Stakebed Truck W/Liftgate $ 30.00/hr. Stakebed Truck W /Liftgate (50 Mile Radius) LTL p/u $200.00 /day Out of mile @ 41.35 per mile 157 Biowaste Trailer $185.00 /day 120 50' Incident Response Trailer $ 900.00 /day 36' Incident Command Center Trailer $ 800.00 /day LOADINGIEXCAVATING EQUIPMENT 200 John Deere 555 Crawler/Loader $ 60.00/hr 201 950 B Loader $110.00/hr 202 446 Backhoe $ 60.001hr 203 Backhoe Breaker or Compactor Attachment $285.00 /dy /ea. 197 Excavator (Cat 330) $140.00/hr. 268 Mini Excavator $ 55.00/hr. 204 Bobcat Loader with Trailer $ 45.00/hr 205 Bobcat Loader Auger Attachment $ 100.00 /day 206 Bobcat Loader Sweeper Attachment $ 100.00 /day 207 Bobcat Loader Backhoe Attachment $ 130.00 /day 198 Bobcat Loader Grappler Attachment $ 100.00 /day 208 Bobcat Loader Breaker Attachment $ 160.00 /day 269 Mini Bobcat w/ trailer $ 35.00/hr. 270 Mini Bobcat Trencher Attachment $ 90.00 /day 271 Mini Bobcat Auger Attachment $ 90.00 /day 211 Shovel, push broom, squeegie, or scraper $ 5.00 /day 225 Wheel Barrow $ 15.00 /day 11 25E -64 CORING /SAMPLING EQUIPMENT 264 Concrete Coring Machine (6" max. dia.) $150.00 /day 265 Hand Auger Kit (excluding brass sleeves) $ 150.00 /day 266 Brass Sample Sleeve $ 5.00 /ea. ITEM UNOPERATED RATES NO. EQUIPMENT 213 Forklift (4000 thru 6000 lbs. capacity) with trailer $ 220.00 /day 217 110 -150 CFM Air Compressor $175.00 /day 255 9.2 CFM Air Compressor $ 100.00 /day 218 Extension Ladder 28' $ 34.00 /day 219 Folding ladder 32' $ 40.00 /day 220 Folding Ladder 8' $ 20.00 /day 256 Plasma Cutter $ 175.00 /day 221 Cutting Torch $ 100.00 /day 222 Chain Saw (16') $ 100.00 /day 223 Portable Sandblaster $237.00/day 226 Misc. (ropes, buckets, wrenches) $ 50.00 /day 228 Concrete Saw (includes 1- blade) $250.00 /day Concrete Saw additional blade $ 60.00 /ea 267 Gas Cut Off Saw $ 90.00 /day 229 Hydraulic Drum Turner $ 100.00 /day 12 25E -65 ITEM UNOPERATED RATES NO EQUIPMENT 230 Gasoline Soil Tamper $110.00 /day 231 Jack Hammer (electric) $ 90.00 /day 232 Jack Hammer (air activated) $ 70.00 /day 233 Rivet Buster /Chipper including 1 bit $ 60.00 /day 234 Rivet Buster /Chipper Extra Bits $ 15.00 /ea 235 Rotary Hammer $ 50.00 /day 240 Hazcat Test $ 55.00 /test 241 Hazcat Kit $175.00 1day 236 Roll -About Tool Box (includes assorted tools) $250.00 /day 237 Sawsall /Skill Saw $ 25.00 /day Sawsall/Skill Saw Extra Blade $ 7.00 /ea 210 10 K Generator $ 100.00 /day 243 3.6 K Generator $ 75.00 /day 245 3 Inch Trash Pump $ 76.00 /day 246 Wilden M Series Diaphram Pump $ 85.00 /day 248 1 '/2" Submersible Pump $ 50.00 /day 842 Disposable Hand Pump $ 25.00 /each 260 Bypass Plug 1 ''/z " -4" $ 110.00 /week 261 Bypass Plug 4 '/z " -12" $ 140.00 /week 262 Bypass Plug 13 " -24" $ 300.00 /week 263 Bypass Plug 25 " -40" $ 530.00 /week 250 Auxilary Lighting — Excluding Power Source $ 75.00 /day /ea 251 Portable Light Plant $150.00 /day 252 Portable Truck Scales $250.00 /day 257 Fire Hose 50'x2 '' /z" $ 25.00 /day 258 Discharge Hose 25'x3" $ 10.00 /day 13 25E -66 PERSONNEL HOURLY RATES ITEM *STRAIGHT * *OVER ** *DOUBLE NO. STAFF POSITION TIME TIME TIME 300 Environmental Safety 14 25E -67 Coordinator $ 85.00 $ 100.00 $ 115.00 301 Supervisor $ 40.00 $ 52.00 $ 64.00 3011 Equipment Manager $ 40.00 $ 55.00 $ 65.00 302 Technician $ 35.00 $ 47.00 $ 59.00 303 Analytical Chemist $ 105.00 $ 120.00 $135.00 304 Administrative Clerk $ 38.00 $ 53.00 $ 68.00 305 Industrial Hygienist $ 140.00 $160.00 $175.00 306 Project Manager $ 75.00 $90.00 $ 105.00 307 Lead Technician $ 37.00 $ 52.00 $ 62.00 520A Osha Required Confined Space Rescue Trained "Specialist" $ 95.00 $110.00 $125.00 520 Confined Space Gear $275.00 /per day per crew *Straight Time is defined as the first 8 hrs. worked between the hours of 7:00 A.M. TO 5:00 P.M., Monday through Friday. * *Overtime is any period worked more than 8 hrs. and less than 12 hrs. between 7:00 A.M. and 5:00 P.M. Monday through Friday/ and any period prior to 7:00 A.M. or after 5:00 P.M. Monday through Friday, /and the first 12 hrs. worked Saturday. ** *Double Time is any period worked in excess of 12 hours Monday through Saturday and all of Sunday. * ** All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. NOTE: Prevailing Wage Surcharge $35.00 1hr. When Prevailing Wage Rates or Davis Bacon Wage Rates Apply: There will be an additional charge of $35.00 per hour for all personnel and/or operated equipment. 14 25E -67 ITEM UNOPERATED CLEANING NO. EQUIPMENT RATES 489 Jetter Unit (towable)/ 4,000 P.S.I. wash unit $ 75.00/hr 488 Hydrotech High Pressure Wash Unit $ 65.00/hr 488A Hydro -Dig Attachment $200.00/day 402 Steam Cleaner $ 50.00/hr 411 Pressure Washer 3600 P.S.I. Hot Water $250.00 /day 209 Pressure Washer 2500 — 3000 P.S.I. $175.00 /day 403 Mercury Vacuum (Hepa Vac) $120.00 /day 412 Wet Dry Vacuum —16 gal. $ 25.00 /day 413 Dustless bead blaster $ 70.00/hr 414 Hard Boom $ 4.50/ft. /day 410 Punts (small boat) $250.00 /day 495 Minnie Me — Plus Fuel $ 80.00/hr. ITEM UNOPERATED SAFETY RATES NO. EQUIPMENT 15 �J �•l�� 500 Bottled Air, 300 cu. ft. cylinder $ 45.00 /day 501 Self - Contained 60 Minute Scott Air Pack $125.00 /day 502 Extra 60 Minute Scott Air Cylinder $ 30.00 /day 503 Self-Contained 30 Minute Scott Air Pack $ 100.00 /day 504 Extra 30 Minute Scott Air Cylinder $ 25.00 /day 505 300 Cubic Feet or 60 Minute Cylinder Recharge $ 30.00 /cylinder 506 30 Minute Cylinder Recharge $ 25.00 /cylinder 507 Hazardous /Acid Suit (Level A) $250.00 /day 508 Hazardous Suit (Level B) $ 125.00 /day 509 Positive Pressure Mask W/Egress, and air line $ 75.00 /day 409 Tripod Maniift $ 50.00 /day 510 Lifeline and Safety Harness $ 50.00 /day 404 Air Monitor $ 75.00 /day 511 Dual Cartridge Half-Face Respirator $ 15.00 /day 512 Dual Cartridge Full -Face Respirator $ 30.00 /ea 837 Respirator Cartridges $ 10.00 /cart. 513 Racal- Respirator $ 85.00 /day 514 Cartridges for Racal- Respirator $ 40.00 /pair 408 Air Blower (electric) $ 35.00 /day 415 Venturi Air Blower (air compressor included) $150.00 /day 405 Draeger Tester Pump $ 15.00 /day 407 Draeger Test Tubes $ 7.00 /ea 520D Pre & Post Lead Exposure Blood Test $ 675.00 /ea. ITEM EQUIPMENT RENTAL RATES RATES NO. f['. 25E -69 600 Roll-off bin (rental) 10 -15 yard bins $ 8.00 /day 600A Dewatering Bin (rental) $ 25.00 /day 601 Roll -off bin (rental) 20-40 yard bins $ 9.00 /day 857 Roll -off bin liner $ 30.00 /each 868 Bin Dewater Liner: Felt Only $ 225.00 /each 860 Bin Dewater Liners: Regular $ 520.00 /each 861 Bin Dewater Liners: Super Depac $ 720.00 /each 862 Bin Dewater Liners: Black Screen Depac $ 620.00 /each 606 Portable Black Iron Tank -Skid Mounted (Rental) (7500 — 10,000 gals.) $ 18.50 /day 603 Roll -off bin (delivery — 50 mile radius) $ 250.00 /ea 604 Overnight Demurrage on Vacuum Tanker, End Dump, or Dry Van $ 250.00 /day 605 Ramp Rental $ 20.00 /pair /day Towable Ramp Rental $100.00 /day DISPOSAL CHARGES 700 Disposal Charges: All disposal rates are charged at cost 701 Disposal Service Charge: 15% 702 Washout: $200.00 for hazardous waste $13 5.00 for non - hazardous waste Facility Washout: Cost Plus 15% LABORATORY CHARGES 859 Laboratory charges: Cost Plus 15% 703 U.P.S profile charge - $75.00 (Administrative) CONSUMMABLES 798 Cement — Regular (90 lb. Bag) $ 15.00 /each 17 25E -70 799 Cement — Ready Mix (60 lb. Bag) $ 10.00 /each 801 Rubber Gloves $ 10.00 /pair 846 Gloves — Viton (For Peb's) $ 65.00 /pair 800 Disposable Tyvek Suit $ 10.00 /each 827 Disposable Tyvek Suit (poly) $ 18.00 /each 828 Saranex Suit S 25.00 /each 849 Sigel Suit (Acid Suit) $ 50.00 /day 850 Hazardous Atmosphere Enviro Suit $175.00 /day 848 Rain Gear — Heavyweight S 25.00 /each 851 P.P.E. (gloves, tyvek, and respirator) $ 40.00 /day /person 803 Absorbent $ 8.00/bag 804 Hazorb Pillow $ 15.00 /each 805 Sorbent Pads $ 90.00/bale 806 Sorbent Booms $ 195.00/bale 808 95- gallon Overpack Poly Drum (new) $190.00 /each 809 85- gallon Overpack Drum (reconditioned) $125.00 /each 814 55- gallon D.O.T. Open Top Drum (new) $ 70.00 /each 810 55- gallon D.O.T. Poly Drum Open Top (reconditioned) $ 45.00 /each 811 55- gallon D.O.T. Poly Closed Top Drum (reconditioned) $ 45.00 /each 819 30- gallon D.O.T. Poly Drum (new) $ 60.00 /each 812 30- gallon D.O.T. Poly Drum (reconditioned) $ 37.50 /each 818 15- gallon Poly Drum $ 35.00 /each 807 85- gallon Overpack Steel Drum (reconditioned) $110.00 /each 802 275- gallon Poly Tote $225.00 /each Consummables Continued: 813 55- gallon D.O.T. Steel Drum (reconditioned) $ 45.00 /each 18 25E -71 820 55- gallon D.O.T. Fiber Drum 815 30- gallon D.O.T. Fiber Drum 816 20- gallon D.O.T. Fiber Drum 817 5- gallon Pail D.O.T. (with snap lid) (with screw lid) 853 Super Sack 855 Cubic Yard Box with pallet 821 Soda Ash 822 Citric Acid 823 Sodium Carbonate Monohydrate 824 Caustic Soda (flake) 829 Caustic Soda (bead) 825 Vermiculite 826 Sample Tubes (glass) 831 Harris Caution Tape 832 Duct Tape 833 Plastic Sheeting 834 Plastic Bags 835 55- gallon Drum Liner 836 20" Stretch Film (shrink wrap) 837 Respirator Cartridges 838 Hazardous Waste Labels 839 Patch Kit 840 Samples Jars Consummables Continued: 841 Rags Rags 19 25E -72 $ 30.00 /each $ 40.00 /each $ 30.00 /each S 15.00 /each $ 20.00 /each $ 35.00 /each $ 85.00 /each S 0.85/lb. $ 3.00 /lb. $ 0.85/lb. $ 2.50/lb. $ 1.75/lb. $ 31.50/bag $ 4.50 /ea. $ 35.00 /roll $ 7.00 /roll $ 68.00 /roll $ 0.50 /each $ 8.50 /each $ 53.00 /roll 10.00 /cart. $ 1.00 /each $ 20.82 /each $ 5.00 /jar $ 55.00/box $ 30.00/ %2 box 843 Subsistence: (No Layover — 8 hr. period) S 10.00 meal /per man 844 Subsistence (with Layover) $ 100.00 /man 845 Portable Eyewash $ 25.00 /day 856 Chlor- D -Tects $ 35.00 /each 857 Roll Off Bin Liner $ 30.00 /each 858 Hudson Sprayers $ 40.00 /each 868 Bin Dewater Liners: Felt Only $225.00 /each 860 Bin Dewater Liners: Regular $520.00 /each 861 Bin Dewater Liners: Super Depac $720.00 /each 862 Bin Dewater Liners: Black Screen Depac $620.00 /each 863 Kleen Green $ 15.00 /gal 865 Sand Bag $ 5.00 /each 866 Disposable Flex Hose — 6" $ 2.25/ft. 867 Disposable Flex Hose —4" $ 1.501 ft. 868 Bin Dewater Liner (fabric only) $ 240.00 /each 439 Neozyme $ 51.00 /gal 876 Gold Crew $ 42.00 /gal OUTSIDE SERVICES OR EQUIPMENT RENTAL 870 Cost Plus 15% NOTES: Repair or replacement costs shall be charged for equipment damaged by customer. Minimum charge of four (4)- hours is applicable to all equipment and personnel. All personnel are radio - equipped with hand -held units. TERMS: Net 30 days with approval of credit otherwise C.O.D. Service Charge of 1 '' /z% is charged against past due accounts. 20 25E -73 25E -74 FIRST AMENDMENT TO CONTRACTOR AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Ocean Blue Environmental Services, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement # A2012 -106, dated June 4, 2012, (hereinafter .,said Agreement ") by which Contractor has provided emergency spill response to prevent discharges from entering the storm drain, and scheduled storm drain cleaning services. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise the first option to renew said Agreement for a one year term, and to increase compensation to provide funding for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, to pay for the services during the extended term. Said section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $250,000.00, annually, during the term of this Agreement." Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one -year terms, at the option of the City Manager." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 3 25E -75 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez 11, P.E. Executive Director Public Works Agency 25E -76 CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager OCEAN BLUE ENVIRONMENTAL SERVICES, INC. RON DARE President 25E -77 FIRST AMENDMENT TO CONTRACTOR AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between United Storm Water, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement # A2012 -105, dated June 4, 2012, (hereinafter "said Agreement ") by which Contractor has provided emergency spill response to prevent discharges from entering the storm drain, and scheduled storm drain cleaning services. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise the first option to renew said Agreement for a one year term, and to increase compensation to provide funding for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, to pay for the services during the extended term. Said section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $250,000.00, annually, during the term of this Agreement." 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one -year terms, at the option of the City Manager." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 4 25E -78 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez II, P.E. Executive Director Public Works Agency 25E -79 CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager UNITED STORM WATER, INC. EDUARDO PERRY JR. President �v *:111 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: SETTLEMENT AGREEMENT WITH WESTERN DENTAL FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) I ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a settlement agreement with Western Dental Services, Inc., dba Western Dental, tenant of the property located at 1221 East First Street, Unit A (APN 398 - 454 -12 & 13), in the amount of $90,105 for all rights, title, and interest in and to certain improvements, including fixtures and equipment, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The recommended action will facilitate payment of relocation benefits to Western Dental for existing improvements, as required by the Uniform Relocation Act as part of the Grand Avenue Widening Project. The amount of compensation, as determined by the City's right -of -way consultant, has been reviewed by staff and the City Attorney's Office, and has been accepted by the tenant. Grand Avenue is a north -south transportation facility which is designated as a major arterial highway, and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue between First and Seventeenth Streets has been a long -term priority project that will be constructed in several phases. Improvements include the widening of the roadway from two to three lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk; and inclusion of bike lanes. The Public Works Agency is acquiring property for development of Phase I, bounded by First and Fourth Streets, and expects to complete the acquisition process by September 2013. Construction is anticipated to begin by early 2014. The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the widening of Grand Avenue, and sets standards for benefit amounts. As part of the relocation process, Western Dental, the tenant at 1221 East First Street, Unit A (Exhibit 1), must be paid for all rights, title, and interest in and to certain improvements, including fixtures and equipment, due 25F -1 Settlement Agreement with Western Dental for Grand Avenue Widening Project July 15, 2013 Page 2 of 2 to the relocation of the business (Exhibit 2). The compensation amount for this property is the appraised value prepared by an appraiser licensed by the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT Funds to cover the recommended settlement agreement payouts are appropriated in the Measure M2 Street Construction Fund (Account 03217662 - 66220). APPROVED AS TO FUNDS AND ACCOUNTS: d � � Raul Godinez II, Francisco Gutierrezy Executive Directo` Executive Director Public Works Agency Finance & Management Services Agency RG /KN Exhibits: 1. Location Map 2. Agreement 25F -2 N (NTS) LEGEND _SUBJECT PROPERTY 398.383-04 398-383-08 I � � m 1 398- 383-13 n i m m i m i m i 1 w 1 I W I W I 1 P 1 Qm- 1 P 1 P 1 I W I ID I m I W 1 I W 1 j r� 1 rl 1 rl 1 rl 1 rl 1 r� j I W I m I W I m I W I W 1 IL I 1 m j m =Nj v e! P 38454 - 1 L mm 1 1 v e 1 1 v o l 0 1 W W W P 1221 E FIRST ST. UNIT W D Z Q Z V FOURTH STREET ..,,_ „_,, m 1 m 1 1 m 1 m j m j m! 1 � 1 ro j rl j t7 j t� j m 1 n 1 rl j j W I m I W l m W I m I m l m l roi I' 1 n I ry l I N I m 1 p- 1 1 1 I e l I e l m 0 1 1 W j m m I W I W l m 1 THIRD STREET j m I N I rl 1 1 In IN ' 1 I v I v 1 v I P 1 ^I 1 oW- 1 1 P j T j M 1 m 1 rl 1� 1 r7 1 1 (p 1 I m I P 1 CDM v 1 0 1> I Q I v 1 SECOND STREET j Q 1 0 1 v I P I N 1' 1' CD 1 j j j 1 o j umi j e 1 vmi j j P 1 P 1 P 1 W 1 W j 1 � FIRST STREET SANTA ANA Tj'jLE;_ MOW Ate• GRAND N WIDENING (PROJECT NO: 031732 NON-GENERAL FUND) NIMC 1GCNCr 25F -3 25F -4 Project: Grand Avenue Widening Project APN: 398 - 454 -12 & 13 Tenant - Seller: Western Dental Services, Inc. dba Western Dental AGREEMENT FOR ACQUISITION OF TENANT - SELLER'S IMPROVEMENTS PERTAINING TO THE REALTY THIS AGREEMENT ( "Agreement ") is entered into as of this day of , 2013, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Buyer "), and WESTERN DENTAL SERVICES INC. DBA WESTERN DENTAL ( "Tenant- Seller ") for the acquisition by Buyer of certain improvements pertaining to real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant - Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant - Seller, upon the terms and for the consideration set forth in this Agreement, all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements ") located in, on, or affixed in any manner to the premises known and numbered as 1221 E. First Street #A, Santa Ana, California ( "Premises ") which Premises are part of that real property described in Exhibit 1 attached hereto, located in the City of Santa Ana, Orange County, California ( "Property "). The Improvements to be conveyed by Tenant - Seller are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit 2. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum o£ NINETY THOUSAND ONE HUNDRED FIVE AND NO /100 DOLLARS ($90,105.00) ( "Purchase Price "). 3. CONVEYANCE OF INTEREST IN IMPROVEMENTS. Tenant - Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit 3 in favor of Buyer ( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Improvements, free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. 4. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 5. CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants that Tenant - Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant - Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant - Seller does not have actual (as compared to constructive) knowledge of any claim of lien, encumbrance, or other security interest therein EXCEPT personal property taxes. Enp}LWT 2 6. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and /or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 7. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant - Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 8. CLOSING. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller. 9. FULL AND COMPLETE SETTLEMENT RELATED TO COMPENSATION FOR THE IMPROVEMENTS. Tenant - Seller hereby acknowledges that the compensation paid to Tenant - Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer relating to the value of the Improvements., resulting from or arising out of Buyer's acquisition of the Property (but excluding relocation benefits to which Tenant - Seller may be entitled, if any, and loss of business goodwill to which Tenant - Seller may be entitled, if any). 10. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant - Seller with respect to the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 11. AGREEMENT TO EXECUTE. Tenant - Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the purchase of the Improvements. 12. AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant - Seller and Buyer respectively. 13. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant - Seller and Buyer and shall never be treated as an admission by Buyer or Seller for any purpose of liability or as to value of any property or claim. 14. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant - Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements at law or in equity, before any court or governmental agency. 2 25F -6 B. Until the Closing, Tenant - Seller shall not knowingly do anything which would impair Tenant - Seller's title to the Improvements. C. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which the Improvements may be subject. D. Until the Closing, Tenant - Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 14 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 15. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 16. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 17. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties regarding the subject matter hereof; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 25F -7 Mailing Address of Tenant - Seller 530 S. Main Street Orange, California 92868 Attn: Legal Department Mailing Address of Buyer 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Tenant - Seller Western Dental Services, Inc. By: Its: Date: Buyer THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California By: Kevin O'Rourke City Manager Date: Attest: By: Maria D. Huizar City Clerk Date: Approved as to Form: Sonia R. Carvalho City Attorney By: Jose Sandoval Chief Assistant City Attorney Date: 4 25F -8 EXHIBIT 1 25F -9 EXHIBIT "4" LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNw OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, RAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B: LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, H UMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9.1, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398- 454 -12 and 398 - 454.13 25F -10 A so I I a] I IK 25F -11 PUBLIC WORKS WESTERN DENTAL CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 18, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THROUGHOUT LOT, CIO INSTALLATION OF: (1) PAN / CEPH MACHINE & COMPUTERS (2) ESTIMATOR'S COMPUTERS (2) DOCTOR'S COMPUTERS (1) EWB SYSTEM, JOB STATUS SYSTEM (2) BELMONT X -RAY MACHINES (1) TV SCEPTRE, HDTV, HDMI, 1080P, 120 HZ (1) VACUUM SYSTEM, COMPRESS AIR SYSTEM, WATER DISTRIBUTION SYSTEM, 2 BREAKERS, ASSOC, ELECTRIC (6) ADMINISTRATIVE COMPUTERS, PRINTERS, SERVER, ETC. (2) WALL MOUNTED SERVERS (1) SERVER RACK, WALL MOUNTED, MARK IV (1 DATA COLLECTION UNIT, KRONOS, CARD SWIPE, TERMINAL (7) DENTAL CHAIRS AND DELIVERY SYSTEMS 2 1 ALARM SYSTEM, BAY ALARM, (1) 16 KEYPAD, (3) WIRELESS SENSORS DENTAL SUITE INTERIOR CONSTRUCTION, FRAMED PARTITIONS DIVIDE THE DENTAL SUITE INTO TWO MAJOR AREAS. THE SOUTH SECTION INCLUDE THE PATIENT WAITING LOBBY CONTAINING _286-SQ. FT.; THE RECEPTION COUNTER AND BUSINESS OFFICE 336 SQ. FT., TWO RESTROOMS _98-SQ. FT. EACH AND 2 CLOSETS FOR AIR, VACUUM AND OXYGEN EQUIPMENT, DENTAL CLINIC SECTION CONTAINING 1352 SQ. FT. IS DIVIDED INTO (7) DENTAL STATIONS SEMI -OPEN STALLS, PRIVATE DENTAL ROOM # 5, CONVERTED OFFICE, A LABORATORY, X -RAY ROOM WITH ALCOVE, AND A STAFF BREAK ROOM, INCLUDING: (1,900) SQ. FT. FRAMED INTERIOR PARTITION WALLS, GYPSUM BOARD PANELS, TAPE, SPACKLING, PAINT, 2 SIDES (355) SQ. FT. LEAD SHEETING FOR X -RAY PROTECTED AREAS (1,077) SQ. FT. SINGLE SIDE FACING, ON INTERIORS OF PARTY WALL AND EXTERIOR WALLS, GYPSUM BOARD, TAPED, SPACKLING, SANDING AND PAINTING 25F -12 A/G 22,820 A 2,500 A 28,000 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (655) SQ. FT. GLAZED EXTERIOR WALLS, PLATE GLASS COMMERCIAL GRADE, 2 GLASS EXTERIOR DOORS AT LOBBY AND STAFF ROOM, PLATE GLASS AT LOBBY AND BUSINESS OFFICE, MINIMUM DETAIL AND FINISH (2) GLASS DOOR AND SIDE PANEL AT LOBBY, 36" WIDE DOOR FRAME, 21" ALUMINUM FRAME FOR FIXED PANEL, INCLUDING HARDWARE AND ELECTRICAL UNLOCKING CONTROLS, GLASS DOOR AT PRIVATE OFFICE (2) ACCORDIAN, FOLDING VINYL DOORS, DENTAL ROOM # 5 AND STAFF (3) WOOD HOLLOW CORE DOORS, RESTROQMS ANDLABORATORY (2) WOOD SOLID CORE, AIR AND VACUUM EQUIPMENT ROOM, OXYGEN ROOM WITH 2- AIR CIRCULATION VENT PANELS 4 1 FLOOR COVER, VINYL COMPOSITION TILES, WALL A 5,600 TO WALL, BASE BOARD, GROSS AREA 2,552 SQ. FT. TRIM AND CUTTING AT BASE WALLS, INSTALLED 1 WINDOW APPOINTMENTS, PLASTIC, VENETIAN G 2,975 BLINDS, HORIZONTAL, MANUAL HARDWARE, LOBBY, LAB, OFFICE AND STAFF AREAS, C /O: (3) SECTIONS, LABORATORY, 34" W X 56" H EACH (3) SECTIONS, STAFF BREAK ROOM, 6' W X 24" OVER DOOR, 3' W X 4' H, NORTH OF DOOR, TX 6'8" SOUTH OF DOOR (6) SECTIONS, RECEPTION OFFICE, 36" X 9' H (2) SECTIONS, 32" W X 74" H, IN DENTAL TREATMENT ROOM # 5 AND PRIVATE OFFICE RECEPTION DESK AND OFFICE 6 1 RECEPTION COUNTER, 106" X 12" SERVICE TOP, A 3,700 0 42" HIGH, WOOD WITH PLASTIC VENEER, FRONT PANEL 97" X 40" HIGH, OPEN KNEE WELL, SINGLE DIVIDE PANEL (1) SIDE SERVICE COUNTER, 11'3" X 12" TOP, 42" HIGH, FRONT PANEL 151" X 40 112" HIGH, 2 PEDESTAL WITH DOUBLE DOOR AND DRAWER 21" WIDE, 4 SHALLOW DRAWERS 19 1/2" WIDE, 30" HIGH WORK TOP, 12" BACK PANEL FOR SERVICE TOP 7 1 WALL AND COUNTER UNIT, (TYPICAL WOOD A 1,625 PLASTIC VENEER) 63" X 25" TOP, 31" OPEN KNEE WELL, SINGLE SHALLOW DRAWER, PEDESTAL 28" WIDE, 1 DRAWER 14" WIDE, 1 LOCK, DOUBLE DOOR STORAGE CABINET 25F -13 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINET, 62" X 38" H X 14" D, DOUBLE DOOR AND SINGLE DOOR, 3 LOCKS BATHROOMS 1 BABY CHANGING STATION, KOLA KARE, DROP A 175 CRIB TRAY, MODEL KB200, WALL MOUNTED, HORIZONTAL LOT, RESTROOM ACCESSOREIS, CIO: A 500 (2) SETS HANDICAPPED ASSISTOR BARS, STAINLESS STEEL, WALL MOUNTED, 48" & 38" (2) SCOTT PAPER TOWEL DISPENSER, 12" X 13" PULL SHEET (2) SANITARY TOILET SEAT COVER, NATIONAL SANITARY SUPPLY (2) AIR FRESHENERS, EIKOSHA, BATTERY OPERATED FAN (2) RUBBER MAID AIR FRESHENERS (2) WASTE PAPER CONTAINERS, GREY PLASTIC, 19" X 34" H, LID, DROP CHUTE (4) PAPER ROLLS, SINGLE (2) MIRROR, 30" X 24" (1) FLOWERS, YELLOW, PLASTIC PLANTER (1) SOAP DISPENSER, "DISCOVERY ", BATTERY OPERATED,TOUCHLESS DENTAL TREATMENT AREAS 10 9 CABINETS, WOOD CONSTRUCTION, PLASTIC A 3,100 VENEER, WOOD GRAIN FINISH, WASTE COMPARTMENT SINGLE ACCESS DOOR, 18" X 30" H, 18" W DRAWER, SUPPLY STORAGE SINGLE DOOR, 18" W X 25" H, 2 INTERIOR SHELVES, INCLUDING: (4) 3'3" X 16" TOP, WITH 6" DIA. DROP CHUTE, 36" HIGH CABINET (4) IRREGULAR TOP 55" FRONT, 41" BACK, 16" DEEP TOP, 6" DIA. DROP CHUTE, 36" HIGH CABINET (1) IRREGULAR TOP, 55" & 41" X 16" DEEP, NO DROP OPENING, TYPICAL 2 DOOR, 1 DRAWER, X- RAY CONTROL ROOM 11 1 NURSE'S STATION CABINETS, "U" SHAPE A 7,760 BETWEEN ROOM # 5 AND OFFICE, 7'3" X 26" COUNTER, 2 SIDES, 43" WIDE COUNTER WITH SINK, DOUBLE DOOR, STAINLESS STEEL SINK, 22" X 21" SINGLE COMPARTMENT WITH HARDWARE, 36" HIGH COUNTER, (2) DOUBLE DOOR, (4) 20" DRAWER, (8) 18" DRAWER 25F -14 3 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 36" HIGH, 4 DOUBLE DOOR, 35" WIDE, 2 SINGLE DOOR, 21" WIDE, OPEN FACE SHELF SECTION, 24" X 18 ", 2 ADJUSTABLE SHELVES, UPPER DOUBLE DOOR CABINET, 24" X 18" HIGH 12 1 ISLAND COUNTER WORK STATION, 97" X 32" TOP, A 4,000 WITH 22" X 22" STAINLESS STEEL SINGLE COMPARTMENT SINK, GOOSE NECK HARDWARE, LOCAL PIPING, BASE CABINET, 2 SIDES WITH ONE SINGLE DOOR 16" WIDE AND DOUBLE DOOR 30" WIDE, 36" HIGH, 2 END DOORS, 29" WIDE (1) ELECTRICAL CHUTE, 10 1/2" X 8" X 17 112" HIGH, 2 DOUBLE PLUG RECEPTORS (1) UPPER CABINET, 60" L X 26" W X 51" H TO CEILING, 31" HIGH STORAGE CABINETS, 4 DOUBLE DOORS, 23" WIDE, 2 OPEN FACE SHELF SECTIONS, 15" W X 15" H, UPPER DOUBLE DOOR 15" X 15 ", 20" HIGH BOX COMPARTMENT LABORATORY 13 1 COUNTER, WOOD, WHITE VENEER FINISH, A 4,110 INCLUDING: (1) DESK UNIT, 66" X 25" TOP, 5" SPLASH PANEL WITH 4 112" SHELF, 2 PEDESTAL, 1 DOUBLE DOOR, 5 DRAWERS, 30" HIGH (1) CABINET, 38" X 26" TOP, 36" HIGH (1) RANGE TOP, TAPPAN, 4 BURNER, NATURAL GAS WITH RANGAIRE OVERHOOD VENT (1) CABINET, OVER VENT, WITH G.T. VENT DUCT, 36" W X 31" H, 17" H BOX COMPARTMENT ABOVE (1) APPAREL RACK, BUILT -IN 35" W X 26" D X 77" H, OPEN FRONT (8) SHELF, WOOD PLANK, WHITE PAINT, 8" X 1" BOARD, 4- 60 ", 3- 72 ", 1- 36" (1) SINK COUNTER, WOOD WITH WHITE PLASTIC VENEER, 7'5" X 26" TOP, STAINLESS STEEL SINK, SINGLE COMPARTMENT, 22" X 20 ", GOOSE NECK HARDWARE, LOCAL PIPING, DRAIN TRAP, ACCESSORIES, INSTALLED STAFF BREAK ROOM 14 1 SINK COUNTER, WOODIPLASTIC VENEER A 3,240 (TYPICAL) 7'6" TOP, 26" DEEP, STAINLESS STEEL DOUBLE COMPARTMENT SINK, 33" X 22" X 8" DEEP, BASE WITH 2- DOUBLE DOOR, 2- DRAWER 15" W, 21" OPENING FOR G.E. REFRIGERATOR (1) GARBAGE DISPOSAL, 112 HP, ELECTRIC, MODEL 5 (1) WATER FILTER, 3M, CARTRIDGE 25F -15 4 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 7'6" X 36" H, 3- DOUBLE DOORS (1) MATCHING TABLE TOP, WALL MOUNTED ACROSS ROOM, 1'6" X 26" D. 4" SPLASH PANEL, MOUNTED ON SOUTH WALL TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 90,105 0 25F -16 5 EXHIBIT 3 25F -17 RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922 pace above this line for Recorder's use QUITCLAIM DEED County Assessor's Parcel Number: 398 - 454 -12 & 13 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WESTERN DENTAL SERVICES, INC. do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in exhibit "A" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "B ", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against ail demands and claims of all persons. SEE EXHIBIT "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this day of , 2013. 0 25F -18 Date: Date: EXHIBIT "A" 25F -19 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows; PARCEL A: LOTS 1, 3, 4,10,11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTAANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. 9:1:xg LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398- 454 -12 and 398 - 454 -13 25F -20 EXHIBIT "B" 25F -21 EXHIBIT "B" PUBLIC WORKS WESTERN DENTAL CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 18, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO, QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THROUGHOUT LOT, C/O INSTALLATION OF: (1) PAN / CEPH MACHINE & COMPUTERS (2) ESTIMATOR'S COMPUTERS (2) DOCTOR'S COMPUTERS (1) EWB SYSTEM, JOB STATUS SYSTEM (2) BELMONTX -RAY MACHINES (1) TV SCEPTRE, HDTV, HDMI, 1080P, 120 HZ (1) VACUUM SYSTEM, COMPRESS AIR SYSTEM, WATER DISTRIBUTION SYSTEM, 2 BREAKERS, ASSOC, ELECTRIC (6) ADMINISTRATIVE COMPUTERS, PRINTERS, SERVER, ETC. (2) WALL MOUNTED SERVERS (1) SERVER RACK, WALL MOUNTED, MARK IV (1 DATA COLLECTION UNIT, KRONOS, CARD SWIPE, TERMINAL (7) DENTAL CHAIRS AND DELIVERY SYSTEMS 2 1 ALARM SYSTEM, BAY ALARM, (1) 16 KEYPAD, (3) WIRELESS SENSORS DENTAL SUITE INTERIOR CONSTRUCTION, FRAMED PARTITIONS DIVIDE THE DENTAL SUITE INTO TWO MAJOR AREAS. THE SOUTH SECTION INCLUDE THE PATIENT WAITING LOBBY CONTAINING _286-SQ. FT.; THE RECEPTION COUNTER AND BUSINESS OFFICE 336 SQ. FT., TWO RESTROOMS _98-SQ. FT. EACH AND 2 CLOSETS FOR AIR, VACUUM AND OXYGEN EQUIPMENT, DENTAL CLINIC SECTION CONTAINING _1352_SQ. FT. IS DIVIDED INTO (7) DENTAL STATIONS SEMI -OPEN STALLS, PRIVATE DENTAL ROOM # 5, CONVERTED OFFICE, A LABORATORY, X -RAY ROOM WITH ALCOVE, AND A STAFF BREAK ROOM, INCLUDING: (1,900) SQ. FT. FRAMED INTERIOR PARTITION WALLS, GYPSUM BOARD PANELS, TAPE, SPACKLING, PAINT, 2 SIDES (355) SQ. FT. LEAD SHEETING FOR X -RAY PROTECTED AREAS (1,077) SQ. FT. SINGLE SIDE FACING, ON INTERIORS OF PARTY WALL AND EXTERIOR WALLS, GYPSUM BOARD, TAPED, SPACKLING, SANDING AND PAINTING 25F -22 A/G 22,820 A 2,500 0 A 28,000 0 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (655) SQ. FT. GLAZED EXTERIOR WALLS, PLATE GLASS COMMERCIAL GRADE, 2 GLASS EXTERIOR DOORS AT LOBBY AND STAFF ROOM, PLATE GLASS AT LOBBY AND BUSINESS OFFICE, MINIMUM DETAIL AND FINISH (2) GLASS DOOR AND SIDE PANEL AT LOBBY, 36" WIDE DOOR FRAME, 21" ALUMINUM FRAME FOR FIXED PANEL, INCLUDING HARDWARE AND ELECTRICAL UNLOCKING CONTROLS, GLASS DOOR AT PRIVATE OFFICE (2) ACCORDIAN, FOLDING VINYL DOORS, DENTAL ROOM # 5 AND STAFF (3) WOOD HOLLOW CORE DOORS, RESTROOMS AND LABORATORY (2) WOOD SOLID CORE, AIR AND VACUUM EQUIPMENT ROOM, OXYGEN ROOM WITH 2- AIR CIRCULATION VENT PANELS 4 1 FLOOR COVER, VINYL COMPOSITION TILES, WALL A 5,600 TO WALL, BASE BOARD, GROSS AREA 2,552 SO. FT. TRIM AND CUTTING AT BASE WALLS, INSTALLED 1 WINDOW APPOINTMENTS, PLASTIC, VENETIAN G 2,975 0 BLINDS, HORIZONTAL, MANUAL HARDWARE, LOBBY, LAB, OFFICE AND STAFF AREAS, CIO: (3) SECTIONS, LABORATORY, 34" W X 56"H EACH (3) SECTIONS, STAFF BREAK ROOM, 6'W X 24" OVER DOOR, 3' W X 4' H, NORTH OF DOOR, TX 6'8" SOUTH OF DOOR (6) SECTIONS, RECEPTION OFFICE, 36" X 9' H (2) SECTIONS, 32" W X 74" H, IN DENTAL TREATMENT ROOM # 5 AND PRIVATE OFFICE RECEPTION DESK AND OFFICE RECEPTION COUNTER, 106" X 12" SERVICE TOP, A 3,700 0 42" HIGH, WOOD WITH PLASTIC VENEER, FRONT PANEL 97" X 40" HIGH, OPEN KNEE WELL, SINGLE DIVIDE PANEL (1) SIDE SERVICE COUNTER, 11'3" X 12" TOP, 42" HIGH, FRONT PANEL 151" X 40 1/2" HIGH, 2 PEDESTAL WITH DOUBLE DOOR AND DRAWER 21" WIDE, 4 SHALLOW DRAWERS 19 112" WIDE, 30" HIGH WORK TOP, 12" BACK PANEL FOR SERVICE TOP 1 WALL AND COUNTER UNIT, (TYPICAL WOOD A 1,625 PLASTIC VENEER) 63" X 25" TOP, 31" OPEN KNEE WELL, SINGLE SHALLOW DRAWER, PEDESTAL 28" WIDE, 1 DRAWER 14" WIDE, 1 LOCK, DOUBLE DOOR STORAGE CABINET 25F -23 2 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINET, 62" X 38" H X 14" D, DOUBLE DOOR AND SINGLE DOOR, 3 LOCKS BATHROOMS 1 BABY CHANGING STATION, KOLA KARE, DROP A 175 CRIB TRAY, MODEL KB200, WALL MOUNTED, HORIZONTAL LOT, RESTROOM ACCESSOREIS, CIO: A 500 0 (2) SETS HANDICAPPED ASSISTOR BARS, STAINLESS STEEL, WALL MOUNTED, 48" & 38" (2) SCOTT PAPER TOWEL DISPENSER, 12" X 13" PULLSHEET (2) SANITARY TOILET SEAT COVER, NATIONAL SANITARY SUPPLY (2) AIR FRESHENERS, EIKOSHA, BATTERY OPERATED FAN (2) RUBBER MAID AIR FRESHENERS (2) WASTE PAPER CONTAINERS, GREY PLASTIC, 19" X 34" H, LID, DROP CHUTE (4) PAPER ROLLS, SINGLE (2) MIRROR, 30" X 24" (1) FLOWERS, YELLOW, PLASTIC PLANTER (1) SOAP DISPENSER, "DISCOVERY ", BATTERY OPERATED, TOUCHLESS DENTAL TREATMENT AREAS 10 9 CABINETS, WOOD CONSTRUCTION, PLASTIC A 3,100 0 VENEER, WOOD GRAIN FINISH, WASTE COMPARTMENT SINGLE ACCESS DOOR, 18" X 30" H, 1S" W DRAWER, SUPPLY STORAGE SINGLE DOOR, 18" W X 25" H, 2 INTERIOR SHELVES, INCLUDING: (4) 3'3" X 16" TOP, WITH 6" DIA. DROP CHUTE, 36" HIGH CABINET (4) IRREGULAR TOP 55" FRONT, 41" BACK, 16" DEEP TOP, 6" DIA. DROP CHUTE, 36" HIGH CABINET (1) IRREGULAR TOP, 55" & 41" X 16" DEEP, NO DROP OPENING, TYPICAL 2 DOOR, 1 DRAWER, X- RAY CONTROL ROOM 11 1 NURSE'S STATION CABINETS, "U" SHAPE A 7,760 0 BETWEEN ROOM # 5 AND OFFICE, 7'3" X 26" COUNTER, 2 SIDES, 43" WIDE COUNTER WITH SINK, DOUBLE DOOR, STAINLESS STEEL SINK, 22" X 21" SINGLE COMPARTMENT WITH HARDWARE, 36" HIGH COUNTER, (2) DOUBLE DOOR, (4) 20" DRAWER, (8) 18" DRAWER 25F -24 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 36" HIGH, 4 DOUBLE DOOR, 35" WIDE, 2 SINGLE DOOR, 21" WIDE, OPEN FACE SHELF SECTION, 24" X 18 ", 2 ADJUSTABLE SHELVES, UPPER DOUBLE DOOR CABINET, 24" X 18" HIGH 12 1 ISLAND COUNTER WORK STATION, 97" X 32" TOP, A 4,000 WITH 22" X 22" STAINLESS STEEL SINGLE COMPARTMENT SINK, GOOSE NECK HARDWARE, LOCAL PIPING, BASE CABINET, 2 SIDES WITH ONE SINGLE DOOR 16" WIDE AND DOUBLE DOOR 30" WIDE, 36" HIGH, 2 END DOORS, 29" WIDE (1) ELECTRICAL CHUTE, 10 1/2" X 8" X 17 1/2" HIGH, 2 DOUBLE PLUG RECEPTORS (1) UPPER CABINET, 60" L X 26" W X 51" H TO CEILING, 31" HIGH STORAGE CABINETS, 4 DOUBLE DOORS, 23" WIDE, 2 OPEN FACE SHELF SECTIONS, 15" W X 15" H, UPPER DOUBLE DOOR 15" X 15 ", 20" HIGH BOX COMPARTMENT LABORATORY 13 1 COUNTER, WOOD, WHITE VENEER FINISH, A 4,110 INCLUDING: (1) DESK UNIT, 66" X 25" TOP, 5" SPLASH PANEL WITH 4 1/2" SHELF, 2 PEDESTAL, 1 DOUBLE DOOR, 5 DRAWERS, 30" HIGH (1) CABINET, 38" X 26" TOP, 36" HIGH (1) RANGE TOP, TAPPAN, 4 BURNER, NATURAL GAS WITH RANGAIRE OVERHOOD VENT (1) CABINET, OVER VENT, WITH G.T. VENT DUCT, 36" W X 31" H, 17" H BOX COMPARTMENT ABOVE (1) APPAREL RACK, BUILT -IN 35" W X 26" D X 77" H, OPEN FRONT (8) SHELF, WOOD PLANK, WHITE PAINT, 8" X 1" BOARD, 4- 60 ", 3- 72 ", 1- 36" (1) SINK COUNTER, WOOD WITH WHITE PLASTIC VENEER, 7'5" X 26" TOP, STAINLESS STEEL SINK, SINGLE COMPARTMENT, 22" X 20 ", GOOSE NECK HARDWARE, LOCAL PIPING, DRAIN TRAP, ACCESSORIES, INSTALLED STAFF BREAK ROOM 14 1 SINK COUNTER, WOOD /PLASTIC VENEER A 3,240 0 (TYPICAL) T6" TOP, 26" DEEP, STAINLESS STEEL DOUBLE COMPARTMENT SINK, 33" X 22" X 8" DEEP, BASE WITH 2- DOUBLE DOOR, 2- DRAWER 15" W, 21" OPENING FOR G.E. REFRIGERATOR (1) GARBAGE DISPOSAL, 1/2 HP, ELECTRIC, MODEL 5 (1) WATER FILTER, 3M, CARTRIDGE 25F -25 ITEM DESCRIPTION: FAIR SALVAGE NO. OTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE (1) WALL CABINETS, 7'6" X 36" H, 3- DOUBLE DOORS (1) MATCHING TABLE TOP, WALL MOUNTED ACROSS ROOM, 1'6" X 26" D, 4" SPLASH PANEL, MOUNTED ON SOUTH WALL TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 90,105 25F -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: AGREEMENT FOR STATE GOVERNMENT LIAISON SERVICES WITH TOWNSEND PUBLIC AFFAIRS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UsNaelwk ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement for state government liaison services with Townsend Public Affairs in an annual amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Local government agencies rely upon the expertise of state government consultants to represent their respective government agencies in Sacramento. This service typically includes the review and monitoring of state executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Townsend Public Affairs has provided this service to the City of Santa Ana for the past 13 years. During this time, Townsend Public Affairs has served the City well by advocating for legislation, policies and regulations that protect the City's interest. In addition, Townsend Public Affairs has identified grant funding opportunities, and Proposition 84 monies of which the City received five million dollars for the Roosevelt Elementary Park project. Townsend Public Affairs represented Santa Ana's interests numerous issues, including: the City's liabilities from the agency, the state budget, the enterprise zone program and proposals, local water quality issues, and numerous pieces City and its operations. 25G -1 in Sacramento this past year on dissolution of the redevelopment other local economic development of legislation directly affecting the Agreement For State Government Liaison Services With Townsend Public Affairs July 15, 2013 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601 - 62300) and General Fund Legislative Affairs (no. 01104012 - 62300). Raul Godinez Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25G -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15'h day of July, 2013 by and between Townsend Public Affairs, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of government lobbying. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform lobbying services on behalf of the City, as set forth in Exhibit A, attached hereto and incorporated by reference. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $4,166 per month, including expenses. The total sum to be expended under this Agreement shall not exceed $50,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM Notwithstanding the date set forth above, the term of this Agreement shall be deemed to commence on July 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are 25G -3 the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than 25G -4 reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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 copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714- 647 -6515 To Consultant: Townsend Public Affairs, Inc. 2699 White Road, Suite 251 Irvine, CA 92614 Telefacsimile 949 - 476 -8215 Attn: Christopher Townsend 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 25G -5 as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25G -6 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney KEVIN O'ROURKE Interim City Manager TOWNSEND PUBLIC AFFAIRS, INC. CHRISTOPHER TOWNSEND President 25G -7 EXHIBIT A OBLIGATIONS OF TOWNSEND PUBLIC AFFAIRS INC. A. Townsend Public Affairs will represent the City of Santa Ana in Sacramento. B. The Consultant will confer with the Legislative Council Committee, City Manager and such other City personnel as the City Manager may designate at times and places mutually agreed to by the City and Consultant on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of state programs. C. Consultant will review state proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Sacramento developments for the purpose of advising the City of those items which may have a bearing on City policy or programs. D. Consultant will secure and furnish such detailed information as may be available on state issues in which the City indicates an interest. E. As requested by the City, Consultant will review and comment on legislative proposals and grant applications of the City which are being prepared for submission to state agencies. F. Consultant will maintain liaison with the City's state legislative delegation and other appropriate state legislators, including the Governor and legislative leadership, and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. G. Consultant will counsel with the City regarding appearance by City personnel before legislative committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. H. Consultant will contact state agencies on the City's behalf when City applications are under consideration by such agencies, facilitate provision of additional information from the City, resolve potential concerns, provide guidance to the City, and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. I. Consultant will support City efforts related to federal appropriations and other initiatives requiring outreach to local and regional agencies. 25G -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -06 TO ALLOW EXTENDED BUSINESS HOURS FOR A 7- ELEVEN CONVENIENCE MARKET AT 5210 WEST FIRST STREET, SUITE A - RALPH DEPPISCH, APPLICANT /V1 CITY'NWNAGER 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 Receive and file the staff report approving Conditional Use Permit No. 2013 -06 as conditioned. PLANNING COMMISSION ACTION On June 24, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -06 as conditioned by a vote of 5:0 (Alderete and Gartner absent) to allow extended business hours at the new 7- Eleven convenience market at 5210 West First Street, Suite A located in the Arterial Commercial (C5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency MM:rb reports \PC \CUP 13 -06_AH R_5210 W F i rst. cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , w 0 . w r 0 • f PLANNING COMMISSION MEETING DATE: JUNE 24, 2013 TITLE: PUBLIC HEARING - FILED BY RALPH DEPPISCH FOR CONDITIONAL USE PERMIT NO. 2013-06 TO ALLOW EXTENDED BUSINESS HOURS FOR A 7- ELEVEN CONVENIENCE MARKET AT 5210 WEST FIRST STREET, SUITE A Prepared by Melanie G. McCann Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended Set Public Hearing For DENIED ❑ Applicants Request ❑ Staff Recommendation CONTINUED TO ___ -- --------- _. -� Planning Manag� RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2013 -06 as conditioned. Request of Applicant Ralph Deppisch, representing 7- Eleven Convenience Market, is requesting approval of a conditional use permit to allow extended business hours at the new market. Retail markets having less than 20,000 square feet of floor area, which are open at any time between 12:00 midnight and 5:00 a.m., require a conditional use permit pursuant to Section 41- 424.5(1) of the Santa Ana Municipal Code (SAMC). The applicant also requested a conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license to allow the sale of beer and wine. This application was approved by the Zoning Administrator on May 1, 2013. A confirmation of this action by the Planning Commission is scheduled as a separate item on the Planning Commission agenda of June 24, 2013. Project Location and Site Description The 7- Eleven convenience market is proposed to be located within an existing multi- tenant commercial building located on the southwest corner of Euclid and First Streets. The site is approximately 38,859 square feet in size and contains a 9,275 square foot building that was constructed in 1990. The building presently contains 10 tenant spaces occupied by a variety of retail, medical office and service uses. The proposed 7- Eleven market will merge two existing tenant spaces into a 2,475 square foot convenience market. A total of 50 on -site parking spaces are provided for the site uses. The site is surrounded by commercial and residential uses to the north, south, east and west (Exhibits 1, 2 and 2a). EXHIBIT A lkii_I_� Conditional Use Permit No. 2013 -06 June 24, 2013 Page 2 Project Description 7- Eleven Market is requesting approval of a conditional use permit to allow extended business hours of operation at the proposed market. The 7- Eleven Market will serve as a mini - supermarket to the surrounding residents and individuals who work in the community and sell a variety of basic products such as prepared food, groceries, limited fresh produce and household goods. To further enhance the market, the applicant is proposing to operate 24 hours a day, seven days a week to service surrounding residents and those working late hours; or others with emergency needs that can be served by the extended hours. Under a separate request, the applicant has also applied for a Type 20 alcoholic beverage license to sell beer and wine between the hours of 7:00 a.m. to 12:00 a.m. The subject site is considered to be a legal, conforming site, but there are some minor deficiencies on the site. To address this issue, the applicant is proposing to make improvements to the property that will bring the site back into compliance with the zoning code. These improvements include replacing missing landscape in the front yard setback and parking lot planters, repainting of pedestrian hand rails, and restriping of the handicap parking area (Exhibits 3 and 4). General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide accessible commercial development throughout the City and serve the commercial needs of adjacent residential uses. These districts also provide important neighborhood facilities and services such as this market. The project site is consistent with this General Plan land use designation. The zoning for the site is Arterial Commercial (C -5). The Arterial Commercial zoning district allows for retail and service uses such as the existing market, making the proposed use consistent with the zoning code. Project Analysis A 7- Eleven convenience market is proposed to occupy an existing retail space and obtain a permit to extend standard business hours to 24 hours a day, seven days a week, to serve its customers. The area is surrounded by a variety of residential uses that could benefit from the convenience market and proposed extended hours of operation. Although the market is adjacent to residential uses, it is unlikely that any negative impacts would be generated from the after -hours operation of the market. To minimize the potential for impacts, staff is recommending several conditions of approval. 31A-4 Conditional Use Permit No. 2013 -06 June 24, 2013 Page 3 Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed 24 hour operation will provide a service to the residents and employees of the surrounding community by allowing them the ability to purchase a variety of dry goods, beverages and fresh daily food products at the market. The extended business hours will thereby benefit the community by providing an additional amenity. By extending hours of operation to 24 hours a day, 7- Eleven will offer a convenient experience to the neighborhood and surrounding community. Additionally, appropriate conditions have been placed on the proposed CUP, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed request to operate the 2,475 square foot market between the hours of midnight and 5:00 a.m. at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the conditional use permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the extended hours for the retail use allows for convenient access to services and goods, benefiting the surrounding community. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the market to grow its business, offering more services through extending the hours of operation for their customers. 31A-5 Conditional Use Permit No. 2013 -06 June 24, 2013 Page 4 • As conditioned, the proposed 24 hour operation of the convenience market will be in compliance with all applicable regulations and conditions imposed on a retail business pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A market with extended business hours provides an additional convenience and amenity to the residents of Santa Ana. Further, retail stores with extended business hours are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area of the City. Police Department Analysis The Police Department reviews conditional use permit applications for 24 hour operations because there can be a correlation between late night business operations and crime. Thus, the Police Department has evaluated the crime rate of the area and the site's proximity to sensitive land uses in the community. The Police Department has determined that this property is located in Reporting District No. 6, which is considered average in police - related incidents based on standards established under the State Business and Professions Code (Section 23958.4). Specifically, the area of 5210 West First Street ranks 94th out of 102 citywide reporting districts for police - related incidents. Although the site is located in an average crime area, several conditions of approval are proposed that are intended to ensure the crime rate of the reporting district does not increase due to the 24 hour operation of the facility. Finally, the site is located within 100 feet of residential dwellings, which are considered to be sensitive land uses. Although these residences could potentially see an increase in nuisance types of incidents if the extended hours of operation are approved, several conditions of approval are proposed that are intended to minimize impacts to these residents. As a result, the Police Department recommends conditional approval of this application based on an average crime rate in the area. Public Notification The project site is located within the boundaries of the Riverview West Neighborhood Association. The president of the Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, staff contacted the president to ensure that they were notified of the project and upcoming hearing. In conversation, the Riverview West Neighborhood leaders voiced their concern that extended hours would increase crime in the area, and the potential impacts of the 7- Eleven delivery truck noises on adjacent neighbors. Given that the existing commercial building acts as a buffer between the residential properties to the south and the parking and loading area to the north, additional noise impacts are not anticipated. The project site itself was posted with a lkl_I�Q� Conditional Use Permit No. 2013 -06 June 24, 2013 Page 5 notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the extended hours of operation of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -09 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -06 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm reports\PCICUP 13.00_AHR-6210WFirst. pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 2a — Site Photo Exhibit 3 — Site Plan Exhibit 4 — Floor Plan 31A-7 -k,,//(-, z; - Vince Fregoso, AICP Principal Planner J ( HAZARD AVE. !R3 E Ri c RI 0 a O Rl R2 - Rr z rau rc Rl R3 R2 U.} RI ' Rl CIIy of I R2 !At R2 R2 R1 RI RI RI Ci Garden Grove S i - sw I• �x.r - I rl Ri Rt R� FI11� j r f� R2 Al 1 RIt IPRD I'll p Car w2 U I Cl AI; u. i Iltf I, f l_ _, I I— ( uuJ �v.s if �1 I--- -f _ice -_II At, I Al f R' I1 l s I RI II;II -- II r fl —__JI II— R2 v f[xv.r. � sus I .0 �•. 'I I_--- - - -_JI 1 I . _ _____ _ __ ' R) R1 -- —11 It T, �� It AI IIP �'ss r.r x r l F I `•ct r, k i Rl Cl ♦}2 3 R2-PAD 2 �� I C2 - — + Ieasc - ''_.�,.._. II 1 I II yr CS r CS C I I y 1 I �.,,... C�1 1�= iL it o 1 `R '- l - - - 1 �� -_R1�P D 91 4 C2 ' R2 `PR JECTSI ; - '�1`;,- 1 RI RI II_- L MI 1 RI ` IF R3 -PRD RI y t i I x Rl _ RI — I�— �i--- - - - -+i .Rl ' R2 saR ; li '1- - - - - -- it -- '� -'I_R4 u R2 Al CB4EfAI.A.GRCLILTL0ILI CR 00MMUUALFESDBJIIAL RI SING-EFAMILYFIMMMAL -8 FIIWNG1.1001FICAMON GC GOvE VENTCEIIgt F12 TNOFAMALYR ®DBKE CSA CCY.@AffrMALSOMMAN h11 LIGKTINDLtSIRAL R3 MULTIFLEMSWM ILMPLE Cl UJFAMLJN(wwtME>JAL M2 FEAWINDUSIRAL FAMLYFESD9VCE Cl-MD 0OMM.COMME13AUMl1S"CISIRCT MO M1111AW PEPATICNS R1 WEII-F MPARIAeM C2 C;alHDlLCCI MERTAL O CREN SPACE FE F€BD94 MESFATE C3 CBRFALEJ9NRE P PTICFEMCIN L SD SH7RCDeALO MENr C3-A CROW "NBSAMSTMtIAC£ PCD RANNE)OMWILUTYMALCPh!B•A S' SWFICPlAN CA PLANNED &K F1NGCETIHT Fia RANI ®I�CEd11AL0LLflOHA8Y4 CS AMEFOLWAME IAL CUP 2013 -06 7 ELEVEN CONVENIENCE STORE 5210 WEST FIRST STREET, SUITE A - - =600 FEET 1" = 1000 FEET P L A N N I N G A N D 8 U 1 L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 m COMM. 3RD STREET 2ND STREET 1 ST (BOLSA AVENUE) SINGLE- FAMILY RESIDENCE HENDERSON PLACE S N LE FAMI Y ESIb N E I-- w MOBILE HOME F- PARK N STREET #HHmq IIIIIi1 CUP 2013 -06 l 7 ELEVEN CONVENIENCE STORE h 5210 WEST FIRST STREET, SUITE A �l P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 SIN L- A 11Y R SID N E S! G E FA ! Y V C, E IDEN E 1 ST (BOLSA AVENUE) SINGLE- FAMILY RESIDENCE HENDERSON PLACE S N LE FAMI Y ESIb N E I-- w MOBILE HOME F- PARK N STREET #HHmq IIIIIi1 CUP 2013 -06 l 7 ELEVEN CONVENIENCE STORE h 5210 WEST FIRST STREET, SUITE A �l P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 M ti O n� n ..r N ti O N O LLJ am it Mill, NW ol on�- 133H1S(3FlOn3K-ln OS ZWV) .—Fj J*1 w 117 Ej. it Mill, Sffl ol JT .—Fj w Sffl T LL II ---------- -------------------------------- 1 -IT z w 0 IT 1) F7 34wj pp -0 1 21 . ... .. ..... - 37X" -i2° N E"19"llh ROH - 06/24/13 RESOLUTION NO. 2013 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -06 TO ALLOW THE AFTER - HOURS OPERATION AT A NEW 7- ELEVEN AT 5210 WEST FIRST STREET, SUITE A BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2013 -06 to operate a new 7- Eleven 24 hours a day on the property located at 5210 West First Street, Suite A. B. Santa Ana Municipal Code Section 41 -365.5 requires a conditional use permit for retail establishments less than 20,000 square feet in size that operate between 12:00 midnight and 5:00 a.m. C. On June 24, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -06. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -06 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 24 hours operation, seven days a week, will provide an ancillary service to the residents and employees of the surrounding community by allowing them constant access to food and necessities at the market. This will thereby benefit the community by providing an additional and complementary amenity. The 7- Eleven market will offer a walkable shopping alternative for nearby residents and businesses, and plans to offer a variety of healthy packaged and fresh food items. Additionally, appropriate conditions have been placed on the 24 hours operation, which will mitigate any potential impacts created by the use and ensure Resolution No. 2013 -11 Page 1 of 6 31 A -13 that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for operation of the convenience market 24 hours a day at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and the existing building will act as a buffer from noise associated with the restocking and delivery of market products. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the market to grow its business, offering more services through extending the hours of operation for their customers. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed 24 hour operation will be in compliance with all applicable regulations and conditions imposed on a retail business pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A market that offers extended business hours provides an additional amenity to the residents of Santa Ana. Further, retail stores and 24 hour business operations are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the extended hours of operation of existing Resolution No. 2013 -11 Page 2 of 6 31A -14 facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -09 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -06 as conditioned in Exhibit "A" attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 24, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24 day of June 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Gartner (2) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Sean H. Mill Vice Chairman 31 A -15 Resolution No. 2013 -11 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2013 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013 -11 Page 4 of 6 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -06 Conditional Use Permit No. 2013 -06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2013 -05. The site improvements include bringing the subject property into conformity with the City's Commercial Landscape Standards. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 4. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 5. There shall be no coin - operated games maintained on the premises at any time. 6. All public telephones shall be located on the interior of the premises. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 24 hours of being applied. 8. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. Resolution No. 2013 -11 Page 5 of 6 31 A -17 JUNE 24, 2013 PAGE 2OF2 9. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 10. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 11. Existing venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 12. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 13. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 14. Window displays and racks must be kept to a maximum height of three feet including merchandise. 15. A timed - access cash controller or drop safe must be installed. 16. A silent armed robbery alarm must be installed and operable at all times. 17. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2013 -11 Page 6 of 6 iki LA'S REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2013 -14 ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2013 -14. DISCUSSION The State of California Constitution includes provisions, which impose a limit ( "the Gann Limit ") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2014. As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds of Taxes" is calculated to be $886,876,666 (Exhibit A) for FY 2013 -14. This represents the permitted growth rate factor of 26.3634 times the adjusted base year (1978 -1979) appropriation limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase; Exhibit C categorizes FY 2013 -14 anticipated revenues from "Proceeds of Taxes" and "Non - Proceeds of Taxes "; and Exhibit D computes the fiscal year 2013 -2014 appropriations subject to this limitation and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit D the City's anticipated FY 2013 -14 "Proceeds of Taxes" revenue will be $750,208,218 below the allowable limit. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: A. Computation of Appropriation Limit B. Calculation of Permitted Growth Rate C. Schedule to Categorize Anticipate Revenues D. Appropriation Subject to Limitation 55A -1 55A -2 EXHIBIT A COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2014 Appropriation Limit: 1978 -79 Base Year Permitted Growth Rate in appropriation (Exhibit B) Appropriation Limit for the Fiscal Year Ending June 30, 2014 55A -3 33,640,451 26.3634 $ 886,876,666 55A -4 EXHIBIT B CALCULATION OF PERMITTED GROWTH RATE IN APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2014 Factor 2012 -13: California CPI: 5.12% Converted into a Factor 1.0512 Population Growth: 0.78% Converted into a Factor: 1.0078 Rates of Change: 1.0512 x 1.0078 1.0594 Multiplied by 2012 -13 Combined Index 24.8852 Combined Index 1979 -80 through 2013 -2014 26.3634 55A -5 LAWMM-O, MEA=Kn ir77 TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users'Tax Total Taxes FROM STATE: State Gas Tax State Cost Reimbs State Grants AQMD AB 2766 Total State EXHIBIT C SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2014 PROCEEDS NON - PROCEEDS OF TAXES OF TAXES TOTALS $ 63,259,000 $ - $ 63,259,000 42,646,000 - 42,646,000 7,850,000 - 7,850,000 11,000,000 - 11,000,000 660,000 - 660,000 24,136,000 - 24,136,000 149,551,000 - 149,551,000 OTHER GOVERNMENT: Community Development (CDBG) Homeowner Prop Tax Subvention UASI Grant Housing (Section 8) W IA Measure M, Street Grants, Gas Tax Exch Traffic Safety and Traffic System Management Grants Civic Center and Park Program Income Other Federal Grants: HOME, HOPWA Total Other Government 230,000 230,000 55A -7 10,345,865 205,000 149,000 414,000 11,113,865 6,380,500 8,908,806 29,946,015 3,441,605 20,225,626 825,240 2,874,884 1,015,000 2,715,425 76, 333,101 10,345,865 205,000 149,000 414,000 11,113,865 6,380,500 230,000 8,908,806 29,946,015 3,441,605 20,225,626 825,240 2,874,884 1,015,000 2,715,425 76, 563,101 Exhibit C Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Fines and Forfeitures Charges for Services Parks and Recreations From Use of Property Others Others - Inter - Agency Total Locally Raised OTHER MISCELLANEOUS: Donation Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment TOTAL REVENUES PROCEEDS OF TAXES 145,015 NON - PROCEEDS OF TAXES 3,570,000 7,979,150 7,112,000 9,426,000 856,635 16,885,515 86,000 7,467,000 53,382,300 TOTALS 3,570,000 7,979,150 7,112,000 9,426,000 856,635 16,885,515 86,000 7,467,000 53, 382, 300 125,000 125,000 6,000 6,000 979,000 979,000 2,587,050 2,587,050 2,072,000 2,072,000 15,543,487 15,543,487 3,473,475 3,473,475 24,786,012 24,786,012 189,970 334,985 $ 149,926,015 $ 165,805,248 $ 315,731,263 ,1 EXHIBIT D APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2014 Proceeds from taxes Less: Exclusions: Capital outlay Appropriation subject to limitation Current year limit Over(under) limit .-1 $ 149,926,015 13,257,567 $ 136,668,448 886,876,666 $ (750,208,218) 55A -10 les: 6/19/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2013 -2014 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in November 1987, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978 -79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111 which amended Article XIII B to establish the limit originally calculated for fiscal year 1986 -87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non - residential new construction. C. Proposition 111 further modified Article XIII B requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. Resolution No. 2013 - 55A -11 F. Division 9 of Title I of the Government Code of the State of California (commencing with section 7900), as enacted by 1980 Statutes, Chapter 1205, effective January 1, 1981, directs the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of July 15, 2013. H. The Executive Director, Finance and Management Services of the City of Santa Ana, has determined the City's appropriation limit for fiscal year 2013 -2014 in accordance with said provisions of the Constitution and laws of the State of California and the documentation used in said determination has been available to the public since not later than July 1, 2013 in the office of the Executive Director, Finance & Management Services. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2013 -2014 is hereby found and determined to be $886,876,666. 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. Resolution No. 2013 - 55A -12 ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013- to be the original resolution adopted by the City Council of the City of Santa Ana on July , 2013. Date: Clerk of the Council City of Santa Ana 55A -13 Resolution No. 2013 - 55A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: WORKFORCE INVESTMENT ACT TITLE I SUB -GRANT FOR PROGRAM YEAR 2013 -2014 1615, 6ITY1VANAGER 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 authorizing the City Manager or designee to execute all necessary documents for the Workforce Investment Act sub -grant with the State of California, Workforce Investment Division, in the amount of $1,231,373. DISCUSSION The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs for adults, dislocated workers and youth who meet specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity on January 28, 2000, by the State Workforce Investment Board. Santa Ana has received WIA funds to operate job- training programs since July 1, 2000, which the City has used as an economic development tool to assist residents and businesses alike. A new sub -grant agreement is required at the beginning of each program year in order to receive WIA funds as allocated by the state. Upon execution and submission of this sub -grant agreement, the City will receive $1,231,373 in WIA Youth funds. This current sub -grant agreement must be on file with the State before it will disburse Santa Ana's $1,181,097 in Adult and $807,310 in WIA Dislocated Worker funds. The Adult and Dislocated Worker funds disbursement will be accomplished through a unilateral modification by the State, with no further action required by the City to receive the final allocations. FISCAL IMPACT Funds have been appropriated in the FY 2013 -2014 budget and are available in the Workforce Investment Act Fund (account no. 123 - various). Sandra D. Gottlieb Acting Executive Director Community Development Agency Exhibit: 1. Resolution 2. Sub -grant Agreement APPROVED AS TO FiUNDS ND ACCOUNTS: �srn� • :era - : � �, . . ._,.� Francisco Gutierrez Executive Director Finance & Management Services Agency 55B -1 I EXHIBIT 1 les: 6/26/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB -GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and an administrative entity by the State Workforce Investment Board. The City of Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. C. A new sub -grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub - grant is the first step in the process enabling the City of Santa Ana to receive WIA funds as they are allocated by the State of California for fiscal year 2013- 2014 D. Submittal of the sub -grant agreement will enable the City to be eligible to receive $1,231,373.00 in WIA Youth Funds for program year 2013 -2014. The City will also be eligible to receive funding in the amount of $1,181,097.00 for the Adult Program and $807,310.00 for the Dislocated Worker Program through a unilateral modification from the State of California. E. The sub -grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. 55B -3 Resolution No. 2013 -XXX Page 1 of 2 Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or his designee to execute all necessary documents related to the sub - grant with the State of California, Workforce Investment Division. 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 , 2013 APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2013 to be the original resolution adopted by the City Council of the City of Santa Ana on 2013. Date: Clerk of Council City of Santa Ana 55B -4 Resolution No. 2013 -XXX Page 2 of 2 California Labor and Workforce Development Agency Employment EDD Development Department State of California May 30, 2013 EXHIBIT 2 Mr. Kevin O'Rourke, Interim City Manager Santa Ana Work Center 20 Civic Center Plaza, M -31 Santa Ana, CA 92701 Mr. O'Rourke: NEW PY 2013 -14 SUBGRANT - IMMEDIATE ACTION REQUIRED Enclosed is your new Workforce Investment Act (WIA) Subgrant Agreement for Program Year (PY) 2013 -14. This initial subgrant agreement provides WIA Youth Formula funds in the amount of $1,231,373.00 in grant code 301 with term date of April 1, 2013 to June 30, 2015. In order to implement this subgrant agreement, please review the enclosed materials immediately and take the actions listed on the attached " Subgrantee Checklist ". The checklist may also be used to ensure submission of a complete grant package. It is the responsibility of the above named designee to obtain the original signature of the person authorized to sign on behalf of the subgrantee on each of the seven documents. Send all seven originally signed subgrant agreements with updated subgrantee information, tax identification (EIN & DUNS) forms, most current signatory authority, JTA and banking forms to the addresses referenced on the checklist. No photocopied, stamped or electronic signatures will be accepted. We will return a signed fully executed original contract to you. If you have any questions, please contact your Regional Advisor. r Sincerely, J SE LUIS MARQUEZ Chief Workforce Services Division Enclosures cc: Joyce Fong, MIC 50, Regional Advisor Roger Gadley, Financial Management Unit, MIC 69 P.O. Box 826880 • Sacram J--A_t280 -0001 • www.edd.ca.gov WIA SUBGRANT AGREEMENT REGISTRATION NO: K491039 SANTA ANA WORK CENTER MODIFICATION NO: NEW SUBGRANTEE CODE: SAN SUBGRANTER: State of California SUBGRANTEE: SANTA ANA WORK CENTER Employment Development Dept:. 20 CIVIC CENTER PLAZA, M 3I Workforce Services Division SANTA ANA , CA 92701 P.O. Box 826880, MIC 69 Sacramento, CA 94280 -0001 GOVERNMENTAL ENTITY: YES This Subgrant Agreement is entered into by and between the State of California, Employment Development Department, here: natter the Subgrantor, and the SANTA ANA WORK CENTER , hereinafter the Subgrantee. The Subgrantee agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved WIA Local Plan for the above named Subgrantor filed with the Suhgrantor pursuant to Lhe Workforce Investment Act ;WIA;. This modificaton consists of this sheet and those of the following exhibits, rthich are attached 'Hereto and by this re= erence made a cart hereof: Funding Detail Chart Exhibit AA, pages 1 through 1 General Provisions and standards of Conduct Exhibit BB, pages 1 through 14 Title i -Y IWIA TITLE I YOUTH FORMULA) Exhibit DD, pages 1 through ALLOCATION s J__— PR.R AMOUNT: $O.CO _ The Subgrantor agrees to reimburse the Subgrantee INCREASE /DECREASE: $1,231,373.00 nct to exceed the amount listed 'hereinafter "TOTAL ": TOTAL: $1,231,373.00 TERMS OF AGREEMENT: JTerms of Exhibits are as From 04/01/2013 to 06 /30/2015 designated on each exhibit PURPOSE: To initiate the Program Year (PY) 2013 -14 WIA Subgrant and add WIA Youth formula funding under grant code 301. The term of these funds are from 04/01/73 to 06/30/15. APPROVED FOR SUBGRANTER (EDD; (By Signature) APPROVED FOR SUBGRANTEE (By Signature) Unilateral modification. Subgrantee Signature not required. Na:ne and Title Name and Title MICHAEL EVASHENK CHIEF WORKFORCE SERVICES DIVISION i hereby certify that to my knowledge, the budgeted This Agreement does not fall within the meaning of Section funds are available for the period and purpose of 10295 of Chapter 2 of Part 2 of Division 2 of the Public expenditures as stated herein: j Contract Code of the State of California and pursuant to 58 OPS Cal. Atcy. Gen. 586, is exempt: from review or approval of the Dept. of General Services and the Dept. of Finance: Signature of EDD Accounting Officer Budget item: 71.00 Fund: 0869 Budgetary Attachment: YES Chapter 021. Statutes: 2012 FY: 12/1-, Lm-:1161, Signature of EDD Contrac-- ott -,ccr PPS WIA SUBGRANT AGREEMENT FUNDING DETAIL SHEET Exhibit 44 SUBGRAN'PEE NAME: SANTA ANA WORK CENTER FUNDING SOURCE TITLE I -Y: YOUTH 96103 WIA LLB I YOUTH FORMULA `,301j 04/01/2013 to 06/30/2015 Prog /Element 61/ 00 Ref 101 Fed Catlg 417259 TOTAL TITLE I -Y GRAND TOTAL: j I. ALLOCATION Page 1 of _ SUBGRANT NO: K491,39 MODIFICATION NO: NEW PRIOR AMOUNT , INCREASE DECREASE ADJUSTED ALLOCATION $0.00 $0.00 $1,2331,373.00 $1,231,373.00 $0.00 $0.00 $1,231,373.00 $1,231,373.00 $0.00 $1,231,373.00 $0.30 $1,231,373.00 Al'_ .- eferences are to the Workforce Investment. Act of 1998, Title 1, unless otherwise noted. For modifications purposes only. All other terms and conditions of this exhibit not included herein remain unchanged. 55B -7 WIA SUBGRANT AGREEMENT Subgran :ee: SANTA ANA WORK CENTER Exhibit BB Page 1 of 14 SUBGRANT NO: K491039 MODI'r ICATION NO: NEW 1. Compliance In performance of this subgrant agreement, Subgrantee will fully comply with: a;. The provisions of the Workforce Investment Act ;WIA; and all regulations, legislation, directives, policies, procedures and amendments issued pursuant thereto. b;. All State legislation and regulations to the extent permitted by federal law and all policies, directives and /or procedures, which implement the WIA. The provisions of Public Law 107 288, .jobs for Veterans Act, as the law applies to Department of Labor ;DOL, .job training programs dS Subgrantee :•rill ensure diligence in managing programs under this subgrant agreement, including performing appropriate monitoring activities and taking prompt corrective action against known violations of the WIA. Subgrantee agrees to conform to the provisions of the WIA and the contract requirements as referenced in 29 CFR Part 9S, Appendix A and 29 CFR, Part This subgrant agreement contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. This subgrant agreement is not intended to and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the Subgrantor and the Subgrantee. Subgrantee represents and warrants it is free to enter into and fully perform this subgrant agreement. 2. Certification /Assurances Except as otherwise indicated, the following certifications apply to all Subgrantee's. a1. Corporate Registration: The Subgrantee, if it is a corporation, certifies is registered with the Secretary of State of the State of California. b,. The Subgrantee agrees to comply with the Americans with Disabilities Act (ADA) of 1990, which, prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA. (42 U.S.C.12101 et seq. c). Sectarian Activities: The Subgrantee certifies that this subgrant agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination wl atsoever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of church and state. d`. National Labor Relations Board: The Subgrantee ;if not a public entity), by signing this subgrant agreement, does swear under penalty of perjury, that no more than one final unappeasable finding of contempt of court; by a federal court has been issued against the Subgrantee within the immediately preceding two -year period because of Subgrantee's failure to comply with an order of a federal court, which orders the Subgrantee to comply with an order of the National Labor Relations Board (PCC10296). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of perjury, that it has not failed to satisfy any major condition in a current or previous subgrant agreement with the DOL or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. f. Drug -Free Workplace Certification: By signing this subgrant agreement the Subgrantee hereby certifies under penalty of perjury under the laws of the State of California that file Subgrantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and speci`yinq actions to be taken against. employees for violations. i2. Establish a Drug -Free Awareness Program as required tO inform employees about: the dangers of drug abuse in the workplace; the person's or organization's policy of maintaining a drug -free workplace; any available counseling, rehabilitation and employee assistance programs; arid, penalties that may be imposed upon employees for drug abuse violations. Every employee who works on this subgrant agreement will: - receive a copy of the company's drug -free policy statement; and, agree to abide by the terms of the company's statement_ as a condition of employment on the subgrant /contract. g;. Child Support Compliance Act: In accordance with the Child Support Compliance Act., the L : 0;J WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 2 of _ SUBGRANT NO: X491039 Moui@,icA,riom N0: NEW Subgrantee recognizes and acknowledges: (1) . The importance of child and family support obligations and shall fully comply with applicable state and federal laws relating to child and family supportr enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and that to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). .1 Debarment and Suspension Certification: By signing this subgrant agreement, the Subgrantee hereby certifies under penalty of perjury under the laws of the State of California that the Subgrantee will comply with regulations implementing Executive Order 12549, Debarment and Suspension, 29 CPR Part 98.510, that the prospective participant (i.e „ grantee;, to the best of its knowledge and belief, that it ana Its principals: ;1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. (2). Have not within a three -year period preceding this subgrant agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. (3). Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enur:eraLed in Section 2 of this certification. Have not within a three year period preceding this subgrant agreement had one or more public transactions !federal, state or local) terminated for cause of default. Where the Subgrantee is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. i; Lobbying Restrictions: By signing this subgrant agreement the Subgrantee hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. ;1;. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. f2;. If any funds other than federal appropriated funds have been paid or wil_ be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this subgrant agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. ;V. The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB; at all tiers (including subgrant agreements, contracts and subcontracts, under grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly. ;4'. This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the lobbying Certification Is a prerequ site for making or entering into this transaction imposed by Section 1.352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for eac'�, failure. Priority Hiring Considerations: if this subgrant includes services in excess of $200,000, the Subgrantee shall give priority consideration in filling vacancies in positions funded by the subgrant to qualified recipients of aid under Welfare and Institutions Section Code 11200 in accordance with Public Contract: Code 10353. k). Sweatfree Code of Conduct: 1;. A11 Subgrantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other �1 l : J WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Uage 3 of 14 SUBGRANT NO: K451039 MODIFICATION NO: NEW than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subgrantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section. 6108. 2'•. The Subgrantee agrees to cooperate fully in providing reasonable access to the subgrantees' records, documents, agents or employees, or premises if reasonably required by authorized officials of the Subgrantor, the Department of Industrial Relations, or the Department of Justice to determine the subgrantees' compliance with the requirements under paragraph a Of the Sweatfree Code of Conduct. 1). Unenforceable Provision: In the event that any provision of this subgrant agreement is unenforceable or held to be unenforceable, then the parties agree that all ocher provisions of this subgrant agreement have force and effect and shall not be affected hereby. m'r Nondiscrimination Clause The conduct of the parties to this subgrant agreement will be in accordance with Title VI of the Civil Rights Act of 1964, and the Rules and Regulations promulgated there under and the provisions of W1A, Section 188. 'a- As a condition to the award of financial assistance from the Department of Labor under Title I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following 'laws: Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship /status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I - financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The grant applicant also assures that it will comply with 29 CPR part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title 1- financially assisted program or activity, and to all agreements that grant applicant makes to carry out the WIA Title I- financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance. (b). 'Phis Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the subgrant agreement. (c) . This Subgrantee agrees to conform to nondiscrimination provisions of the WLA and other federal nondiscrimination requirements referenced in 29 CPR, Part 37. n;. Indemnification: 1). The following provision applies only if the Subgrantee is a governmental entity: Pursuant to the provision of Section 895.4 of the California Government Code, each party agrees to indemnify and hold the other party harmless from all liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying party. 2). The following provision applies only if the Subgrantee is a non governmental entity: The Subgrantee agrees to the extent permitted by law, to indemnify, defend and save harmless the Subgrantor, its officers, agents and employees from any and all cairns and '1 Ll Ile J WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 4 of 14 SUBGRANT N0: K491039 MODIFICATION NO: NEW losses accruing or resulting to any and all contractors, subcontractors, materials persons, 'laborers and any other persons, firms or corporations, furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to ary persons, firms or corporations which may be injured or damaged by the Subgrantee in ti.e performance of this subgrant agreement. Failure to comply with all requirements of the certifications in Section 2 may result :.n suspension of payment under this subgrant agreement or termination of this subgrant agreement or both, and the Subgrantee may be ineligible for award of future state subgrant agreements /contracts if the department determines that any of the following has occurred: 'l) false information on the certifications, or (2) violation of the terms of the certifications by failing to carry out the requirements as noted above. o. salary and Bonus Limitations: In compliance with Public Law 109 -234, none of the funds appropriated in Public Law 109 -149 or prior Acts under the heading "Employment and Training" that are available for expenditure on or after June 15, 2006, shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under section 101 of Public Law 109 -149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A -133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost -of- living in the States, the compensation levels for programs involved including Employment and Training Administration programs. See Training and Employment Guidance Letter number 5 -06 for further clarification. The incurrence of costs and receiving reimbursement for these costs under this a,.aard certifies that your organization has read the above special condition and is in compliance. P). Clean Air and Water Act: For subgrants in excess of $100,000, compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h}); Section 508 of the Clean Water Act ;33 U.S.C. 1368;, Executive Order 11738, and the U.S. Environmental Protection Agency regulations i40 CFR 15, revised as of July 1, 1939). 3. Standards of Conduct The following standards apply to all Subgrantees. a;. General Assurance: Every reasonable course of action will be taken by the Subgrantee in order to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This subgrant agreement will be administered in an impartial manner, free from efforts to gain personal, financial or political gain. Subgrantee agrees to conform to the nondiscrimination requirements as referenced in WIA, Section 188. b. Avoidance of Conflict of Economic Interest: An executive or employee of the Subgrantee, an elected official in the area or a member of the Local Board, will not solicit or accept money or any other. consideration from a third person, for the performance of an act reimbursed in whole or part by the Subgrantee or Subgrantor: Supplies, materials, equipment or services purchased with subgrant agreement funds will be used solely for purposes allowed under this subgrant agreement. No member of the Local Board will cast a vote on the provision of services by that member (or any organization, which that member represents) or vote on any matter which would provide direct financial benefit to that member ;or immediate family of the member) or any business or organization which the member directly represents. 4. Coord-..nation Subgrantee will, to the maximum extent feasible, coordinate all programs and activities supported under this part with other programs under the WIA, including the Wagner - Peyser Act, 'title 38 of the United States Code, and other employment and training programs at the state and local level. Subgrantee will consult with the appropriate labor organizations and /or employer representatives in the design, operation or modification of the programs under this subgrant agreement. 5. Subcontracting al. Any of the work or services specified in this subgrant agreement whic`: will be performed by other than by the Subgrantee will be evidenced by a written agreement specifying the terms and conditions of such performance. b; 1'he Subgrantee will maintain and adhere to an appropriate system, consistent with federal, 55B -11 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 5 of 14 SUBGRANT NO: K491039 MODIFICATION NO: NEW state and local law, for the award and monitoring of contracts which contain acceptable standards for insuring accountability. c). The system for awarding contracts will contain safeguards to insure that the subgrantee does not contract with any entity whose officers have been convicted of fraud or misappropriation of funds within the last two years. 6. insurance Except for city and county governmental entities, Subgrantees must provide the Subgrantor evidence of the coverage specified in a, b, c and d below. The evidence of coverage shall include the registration number of the subgrant agreement for identification purposes. a). Subgrantee will obtain a fidelity bond in an amount of not less than , prior to the receipt of funds under this subgrant agreement. If the bond is canceled or reduced, Subgrantee will immediately so notify the Subgrantor. In the event the bond is canceled or revised, the Subgrantor will make no further disbursements until it is assured that adequate coverage has been obtained. b). Subgrantee will provide general liability insurance with a combined limit of $1,000,000 or public liability and property damage coverage with a combined limit of not less than $1,000,000. c)- Subgrantee will provide broad form automobile liability coverage with limits as set forth in ;bl above, which applies to both owned /leased and non - owned automobiles used by the Subgrantee or its agents in performance of this subgrant agreement, or, in the event that the Subgrantee will not utilize owned /leased automobiles but intends to require employees, trainees or other agents to utilize their own automobiles in performance of this subgrant agreement, Subgrantee will secure and maintain on file from all such employees, trainees or agents a self certification of automobile insurance coverage. d). Subgrantee will provide Worker's Compensation Insurance, which complies with provisions of the California Labor Code, covering all employees of the Subgrantee and all participants enrolled in work experience programs. Medical and Accident Insurance will be carried for those participants not qualifying as "employee" (Section 3350, et seq. of the California Labor Code) for Worker's Compensation. e;. The Subgrantor will be named as "Certificate Holder" of policies secured in compliance with paragraphs a -d -above and will be provided certificates of insurance or insurance company "binders" prior to any disbursement of funds under this subgrant agreement, verifving the insurance requirements have been complied with. The coverage noted in b and c above must contain the following clauses: 1). Insurance coverage will not be canceled or changed unless 30 days prior to the effective date of cancellation or change written notice is sent by the Subgrantee to: Employment Development Department WIA - Financial Management Unit P.O. Box 826880, MIC 69 Sacramento, CA 94280 -0001 (2;. State of California, its officers, agents, employees and servants are included as additional insured, but only insofar as the operations under this subgrant agreement are concerned. ;3). The State of California is not responsible for payment of premiums or assessments on this policy 7. Resolution A county, city, district or other local public body must provide the state with a copy of a resolution, order, motion., or ordinance of the local governing body which by law has authority Lo enter into an agreement, authorizing execution of this subgrant agreement. Preferably resolutions should authorize a designated position rather than a named individual. 8. Funding It is mutually understood between the parties that Lhis subgrant agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the subgrant agreement was executed after that determination was made. This subgrant agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate state fiscal years covered by this subgrant agreement for the purposes of this program and; (2) sufficient funds available to the state by the United States Government for the fiscal years covered by this subgrant agreement for the purposes of this program. in addition, this subgrant agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statue enacted by the 55B -12 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 6 of I.. SUBGRANT NO: K491039 MODIFICATION NO: NEW Congress and Legislature which may affect the provisions, terms, or funding of this subgrant agreement in any manner. a- the expiration of the terms of this subgrant agreement or upon termination prior to the expiration of this subgrant agreement, funds not obligated for the purpose of this subgrant agreement will be immediately remitted to the Subgrantor, and no longer available to the Subgrantee. bi,. The Subgrantor retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, providing the Subgrantee is given prompt notice and the opportunity for an informal review of the Subgranter's decision. The Chief Deputy Director or his designee will perform this informal review and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on the part of the Subgrantee or a Subcontractor of the Subgrantee to comply with the provisions of this subgrant agreement, or with the WIA or regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds. c;. The local Chief Elected Official (CEO) of a unit of general local government designated as a Local Workforce Investment Area (LWIA) shall be liable to the EDD for all funds not expended in accordance with WIA, and shall return to the EDD all of those funds. If there is more than one unit of general local government in a LWIA, the CEO(s) will be the individual(s) designated under an agreement executed by the CEO(s) of the local units of government. The CEOs) designated under the agreement shall be liable to the EDD for all funds not expended in accordance with the WIA, and shall return to the EDD all of those funds. 9. Accounting and Cash Management a). Subgrantee will comply with controls, record keeping and fund accounting procedure requirements of WIA, federal and state regulations and directives to ensure the proper disbursal of, and accounting for, program funds paid to the Subgrantee and disbursed by the Subgrantee, under this subgrant agreement. b). Subgrantee will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sun - contracting service provider in accordance with procedures established by the Subgrantor. Failure to adhere to these provisions may result in suspending cash draw down privileges and providing funds through a reimbursement process. d . The Subgrantor retains the authority to acjust specific amounts of cash requested if the Subgrantor's records and subsequent verification with the Subgrantee indicate that the Subgrantee has an excessive amount of cash in its account. d;. Income (including interest income) generated as a result of the receipt of WIA activities, will be utilized in accordance with policy and procedures established by the Subgrantor. Subgrantee will account for any such generated income separately. e) Subgrantee shall not be required to maintain a separate bank account but shall separately account for WIA funds on deposit. All funding under this subgrant agreement, will be made by check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less than two representatives of the Subgrantee. The Subgrantor will have a lien upon any balance of WIA funds in these accounts, which will take priority over all other liens or claims. 10. Amendments This subgrant agreement may be unilaterally modified by the Subgrantor under the following circumstances: a'. There is an increase or decrease in federal or state funding levels, b;. A modification to the subgrant is required in order to implement an adjustment to a Subgrantee's plan. c;. Funds awarded to the Subgrantee have not been expended in accordance with the schedule included in the approved Subgrantee's plan. After consultation with the Subgrantee, -he Subgrantor has determined that funds will not be spent in a timely manner, and sach funds are for that reason to the extent permitted by and in a manner consistent with state and federal law, regulations and policies, reverting to the Subgrantor. d). There is a change in state and federal law or regulation requiring a change in the provisions of this subgrant agreement. e). An amendment is required to change the Subgrantees' name as listed on this subgrant agreement. Upon receipt of legal documentation of the name change the state will process Li:e- amendment. Payment of invoices presented with a new name cannot be paid prior to 55B -13 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 7 of 14 SUBGRANT NO: K491039 MODIFICATION NO: NEW approval of said amendment. Except as provided above, this subgrant agreement may be amended only in writing by the mutual agreement of both parties. 11. Reporting Subgrantee will compile and submit reports of activities, expenditures, status of cash and closeout information by the specified dates as prescribed by the Subgrantor. All expenditure reports must be submitted upon the accrual basis of accounting. Failure to adhere to the reporting requirements of this agreement will result in funds not being released. 12_ Termination This subgrant agreement may be terminated in whole or in part for either of the two following circumstances: a;. Termination for Convenience - Either the Subgrantor or the Subgrantee may request a termination, in whole or in part, for convenience. The Subgrantee will give a ninety - (50; calendar -day advance notice in writing to the Subgrantor. The Subgrantor will give a :iinety (90) calendar -day advance notice in writing to the Subgrantee. b). Termination for Cause - The Subgrantor may terminate this subgrant agreement in whole or in part when it has determined that the Subgrantee has substantially violated a specific provision of the WIA regulations or implementing state legislation and corrective action has not been taken. 1). All notices of termination must be in writing and be delivered personally or by deposit in the U. S. Mail, postage prepaid, "Certified Mail- Return Receipt Requested ", and will be deemed to have been given at the time of personal delivery or of the date of postmark by the U. S. Postal Service. Notices to the Subgrantee will be addressed to: Notices to the Subgrantor will be addressed to: Employment Development Department Workforce Services Division Financial Management Unit P.O. Box 826880, MIC 69 Sacramento, CA 94280 -0001 13. Records a). If participants are served under this subgrant agreement, the Subgrantee will establish a participant data system as prescribed by the Subgrantor. b;. Subgrantee will. retain all records pertinent to this subgrant agreement for a period of three years from the date of final payment of this subgrant agreement. If, at the end of three years, there is litigation or an audit involving those records, the Subgrantee will retain the records until the resolution of such litigation or audit. Refer to 29 CFR, Part 97.42(b)(2) or 29 CFR, Part 95.53(b)(1). c;. The Subgrantor and /or the U. S. DOL, or their designee (refer to 29 CFR, Part 95.48(d; or 29 CFR Part 97.36(i)(10)) will have access to and right to examine, monitor and audit all records, documents, conditions and activities related to programs funded by this subgrant agreement. For purposes of this section, "access to" means that the Subgrantee shall at. all Limes maintain within the State of California a complete set of records and documents related to programs funded by this agreement. The Subgrantee shall comply with this requirement regardless of whether it ceases to operate or maintain a presence within the State of California before the expiration of the subgrant. Subgrantee's performance under the terms and conditions herein specified will be subject to an evaluation by the Subgrantor of the adequacy of the services performed, timeliness of response and a general impression of the competency of the firm and its staff. 14. Audits a). The Suhgrantee will maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. All governmental and non - profit organizations must follow the audit requirements of OMS isingle audit or program - specific audit requirement) Circular A -133 (29 CFR 97.26 and 29 CFR 95.26;. 55B -14 WIA SUBGRANT AGREEMENT ubgran,tee: SANTA ANA WORK CENTER Exhibit BB Page 8 of 14 SUBGRANT NO: K491039 MODIFICATION NO: NEW b1. The Subgrantee and /or auditors performing monitoring or audits of the Subgrantee or its sub - contracting service providers will immediately report to the Subgrantor any incidents of fraud, abuse or other criminal activity in relation to this subgrant agreement, the WIA, or its regulations. 15. Disallowed Costs Except to the extent that the state determines it will assume liability, the Subgrantee will be liable for and will repay, to the Subgrantor, any amounts expended under this subgrant agreement found not to be in accordance with WIA including, but not limited to, disallowed costs. Such repayment will be from funds (Non - Federal ), other than those received under the WIA. 16. Conflicts a ',. Subgrantee will cooperate in the resolution of any conflict with the U. S. DOL that may occur from the activities funded under this agreement. u,. In the event of a dispute between the Subgrantor and the Subgrantee over any part of this subgrant agreement, the dispute may be submitted to non - binding arbitration upon the consent of both the Subgrancor and the Subgrantee. An election for arbitration pursuant to this provision will not preclude either party from pursuing any remedy for relief otherwise available. 17. Grievances and Complaint System Subgrantee will establish and maintain a grievance and complaint procedure in compliance with the WIA, federal regulations and state statues, regulations and policy. 18. Property All property, whether finished or unfinished documents, data, studies and reports prepared or purchased by the Subgrantee under this subgrant agreement, will be disposed of in accordance with the direction of the Subgrantor. In addition, any tools and /or equipment furnished to the Subgrantee by the Subgrantor and /or purchased by the Subgrantee with funds pursuant to this subgrant agreement will be limited to use within the activities outlined in this subgrant agreement and will remain the property of the United States Government and /or the Subgrantor. Upon termination of this subgrant agreement, Subgrantee will immediately return such tools and /or equipment to the Subgrantor or dispose of them in accordance with the direction of the Subgrantor. 19. Intellectual Property Provisions a;. Federal Funding In. any subgrant funded in whole or in part by the federal government, Subgrantor may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the subgrant, except as provided in 37 Code of Federal Regulations part 401.1;;. However, pursuant to 29 CPR section 97.34 the federal government shall have a royalty-free, non - exclusive, irrevocable, paid -up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in anv manner for governmental purposes and to have and permit others to do so. b;. Ownership (1;. Except where Subgrantor has agreed in a signed writing to accept a license, Subgrantor shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement. (2i. For the purposes of this subgrant agreement, Intellectual Property means recognized nrotectable rights and interest such as: patents, (whether or not issued! copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by Subgrantor, and all other legal rights protecting intangible proprietary information as may exist now and /or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction. ;a). For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they 55B -15 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 9 of 14 SUBGRANT NO: K491039 MODIFICATION NG NEW are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. "Works" does not include articles submitted to peer review or reference journals or independent research projects. .3'. In the performance of this subgrant agreement, Subgrantee may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this subgrant agreement. In addition, under this subgrant agreement, Subgrantee may access and utilize certain of Subgrantor's intellectual property in existence prior to the effective date of this subgrant agreement. Except as otherwise set forth herein, Subgrantee shall not use any of Subgrantor's Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of Subgrantor. Except as otherwise set forth herein, neither the Subgrantee nor Subgrantor shall give any ownership interest in or rights to its Intellectual Property to the other Party. If, during the term of this subgrant agreement, Subgrantee accesses any third -party Intellectual Property that is licensed to Subgrantor. Subgrantee agrees to abide by all license and confidentiality restrictions applicable to Subgrantor in the third - party's license agreement. (4). Subgrantee agrees to cooperate with Subgrantor in establishing or maintaining Subgrantor's exclusive rights in the Intellectual Property, and in assuring Subgrantor's sole rights against third parties with respect to the Intellectual Property. If the Subgrantee enters into any agreements or subcontracts with other parties in order to perform this subgrant agreement, Subgrantee shall require the terms of the agreements) to include all Intellectual Property provisions of paragraph nineteen a through nineteen i) . Such terms musr include, but are not limited to, the subcontractor assigning and agreeing to assign to Subgrantor all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, subgrantee or subgrantor and which result directly or indirectly ;from this subgrant agreement or any subcontract. (S). Pursuant to paragraph nineteen (b) (4) of the Intellectual Property Provisions in Exhibit BB to this subgrant agreement, the requirement for the Subgrantee to include all Intellectual Property Provisions of paragraph nineteen a) through nineteen i) of the Intellectual Property Provisions in all agreements and subcontracts it enters into with other parties does not apply to subgrant agreements or subcontracts that are for customized and on- the -job training as authorized under 20 CPR 663.700 -730. 6. Subgrantee further agrees to assist and cooperate with Subgrantor in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce Subgrantor's Intellectual Property rights and interests. C). Retained Rights / License Rights (1). Except for intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement, Subgrantee shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this subgrant agreement. Subgrantee hereby grants to Subgrantor, without additional compensation, a permanent, non - exclusive, royalty free, paid -up, worldwide, irrevocable, perpetual, non - terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display /perform, distribute, and dispose of Subgrantee's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the intellectual Property resulting from this subgrant, unless Subgrantee assigns all rights, title and interest in the Intellectual Property as act forth herein. (2). Nothing in this provision shall restrict, limit, or otherwise prevent Subgrantee from using any ideas, concepts, know -how, methodology or techniques related to its performance under this subgrant agreement, provided that Subgrantee's use does not infringe the patent, copyright, trademark rights, license or other Intellectual. Property rights of Subgrantor or third party, or result in a breach or default of any provisions of paragraph nineteen a) through nineteen i) or result in a breach of any provisions of law relating to confidentiality. d`. Copyright ,1) Subgrantee agrees that for purposes of copyright law, all works (as defined in Ownership, paragraph nineteen (b) ;2) (a; of authorship made by or on behalf of 1 19 l _ leJ WIA SUBGRANTT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 10 of 14 SUBGRANT NO: K491039 MODIFICATION NO: NEW Subgrantee in connection with Subgrantee's performance of this subgrant agreement shall be deemed "works made for hire." Subgrantee further agrees that the work of each person utilized by Subgrantee in connection with the performance of this subgrant agreement will be a "work made for hire," whether that person is an employee of Subgrantee or that person has entered into an agreement with Subgrantee to perform the work. Subgrantee shall enter into a written agreement with any such person that: ;i) all work performed for Subgrantee shall be deemed a "work made for hire" under the Copyright Act and ;ii; that person shall assign all right, title, and interest to Subgrantor to any work product made, conceived, derived from or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement. Refer to 29 CPR, Part 95, Appendix A 5 or Part 97.34. 2', All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to this subgrant agreement that include Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement may not be reproduced or disseminated without prior written permission from Subgrantor. e:. Patent Rights With respect to inventions (refer to 29 CFR, 97.36(1)(8;) made by Subgrantee in the performance of this subgrant agreement, which did not result from research and development specifically included in the Subgrant's scope of work, Subgrantee hereby grants to Subgrantor a license as described under paragraph nineteen c) for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within the subgrant agreement's scope of work, then Subgrantee agrees to assign to Subgrantor, without addition compensation, all its right, title and interest in and to such inventions and to assist Subgrantor in securing United States and foreign patents with respect thereto. f;. 'lnird -Party Intellectual Property Except as provided herein, Subgrantee agrees that its performance of this subgrant agreement shall not be dependent upon or include any Intellectual Property of Subgrantee or third party without first: (i) obtaining Subgrantor's prior written approval; and (ii) granting to or obtaining for Subgrantor's, without additional compensation, a license, as described in paragraph nineteen c), for any of Subgrantee's or third- party's Intellectual Property in existence prior to the effective date of this subgrant agreement. If such a license upon these terms is unattainable, and Subgrantor determines that the Intellectual Property should be included in or is required for Subgrantee's performance of this subgrant agreement, Subgrantee shall obtain a license under terms acceptable to Subgrantor. g). Warranties ;1). Subgrantee represents and warrants that: (a). It has secured and will secure all rights and licenses necessary for its performance of this subgrant agreement. (b). Nether Subgrantee's performance of this subgrant agreement, nor the exercise by either Party of the rights granted in this subgrant agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display /performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement will infringe upon or violate any Intellectual Property right, non - disclosure obligation, or other proprietary right or interest of any third -party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. 'There are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by Subgrantee. (c). Neither Subgrantee's performance nor any part of its performance will violate the right of privacy of, or constitute a libel or slander against any person or entity. (d). It has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers or releases from all authors. (e). Of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown. (f). It has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to Subgrantor in this subgrant agreement. 55B -17 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit: BE Page 11 of 14 SUBGRANT NO: K491039 MODIFICATION NO: NEW g; It has appropriate systems and controls in place to ensure that state and federal funds will not be used in the performance of this subgrant agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. (h. It has no knowledge of any outstanding claims, licenses or other charges, liens, or encumbrances of any kind or nature whatsoever that could affect in any way Subgrantee's performance of this subgrant agreement. (2;. SUBGRANTOR MAKES NO WARRANTY, THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS SUBGRANT AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. h). Intellectual Property Indemnity (1). Subgrantee shall indemnify, defend and hold harmless Subgrantor and its licensees and assignees, and its officers, directors, employees, agents, representatives, successors, and users of its products, ( "Indemnities ") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto ;including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indemnities may be subject, whether or not Subgrantee is a party to any pending or threatened litigation, which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or agreements of Subgrantee pertaining to Intellectual Property; or (ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of Subgrantor's use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance /display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of this subgrant agreement. Subgrantor reserves the right to participate in and /or control, at Subgrantee's expense, any such infringement action brought against Subgrantor. (2). Should any Intellectual Property licensed by the Subgrantee to Subgrantor under this subgrant agreement become the subject of an Intellectual Property infringement claim, Subgrantee will exercise its authority reasonably and in good faith to preserve Subgrantor's right to use the licensed Intellectual Property in accordance with this subgrant agreement at no expense to Subgrantor. Subgrantor shall have the right to monitor and appear through its own counsel (at Subgrantee's expense) in any such claim or action. In the defense or settlement of the claim, Subgrantee may obtain the right for Subgrantor to continue using the licensed Intellectual Property or, replace or modify the licensed Intellectual Property so that the replaced or modified Intellectual Property becomes non - infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, Subgrantor may be entitled to a refund of all monies paid under this subgrant agreement, without restriction or limitation of any other rights and remedies available at law or in equity. 1'3). Subgrantee agrees that damages alone would be inadequate to compensate Subgrantor for breach of any term of these Intellectual Property provisions of paragraph nineteen a) through nineteen i) by Subgrantee. Subgrantee acknowledges Subgrantor would suffer irreparable harm in the event of such breach and agrees Subgrantor shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. i). Survival The provisions set Earth herein shall survive any termination or expiration of this subgrant agreement or any project schedule. 20. Confidentiality Requirements The State of California and the Subgrantee will exchange various kinds of information pursuant to this subgrant agreement. That information will include data, applications, program files, and nEormation about specific clients receiving services. These data and information are confidential when they define an individual or an employing unit or when the disclosure is restricted or prohibited by any provision of law. Confidential information requires special precautions to protect it from unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, the Employment l � �J WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 12 of 14 SUBGRANT N0: K491039 MODIFICATION NO: NEW Development Department, the California Department of Social Services, the California Department of Education, the California Department of Corrections, the County Welfare Department(s), the County IV -D Directors Office of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges, the Department of Alcohol and Drug Programs, and individuals requesting program services. '!'he Subgran,tor and Subgrantee agree that: a- Each party shall keep all confidential information that is exchanged between them in the strictest confidence and make such information available to their own employees only on a "need -to- know" basis. b) Each party shall provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information. c`. The Subgrantee agrees that information obtained under this subgrant agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than those specifically identified in this agreement. Aggregate Summaries: All reports and /or publications developed by the Subgrantee based on da::a obtained under this agreement shall contain confidential data in aggregated or statistical summary form only. "Aggregated" refers to a data ouput that does not allow identification of an individual or employer unit. ii. Publication: Prior to publication, Subgrantee shall carefully analyze aggregated data outputs to ensure the identity of individuals and /or employer units cannot be inferred pursuant to Umemployment Insurance Code section. 1094;c). Personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality. iii. Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public. d). Each party agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or to the public. e ?. The Subgrantee shall notify Subgrantor's Information Security Office of any actual or attempted information security incidents, within 24 hours of initial detection, by telephone at (916) 654 -6231. Information Security Incidents include, but are not limited to, any event fintentional or unintentional), that causes the loss, damage, or destruction, or unauthorized access, use, modification, or disclosure of information assets. The Subgrantee shall cooperate with the Subgrantor in any investigations of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. It the Subgrantee learns of a breach in the security of the system which contains confidential data obtained under this Subgrant, then the Subgrantee must provide notification to individuals pursuant to Civil Code section 1798.82. f). The Subgrantee shall provide for the management and control of physical access to information assets ;including personal computer systems, computer terminals, mobile computing devices, and various electronic storage media) used in performance of this Subgrant. This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage. g:. At no time will confidential data obtained pursuant to this agreement be placed on a mobile computing device, or on any form of removable electronic storage media of any kind unless the data are fully encrypted. h). Each party shall provide its employees with access to confidential information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential information found in section 1798.55 of the Civil Code, section 502 of the Penal Code, section 2111 of the Unemployment Insurance Code, section 10850 of the Welfare and Institutions Code and other applicable local, state and federal laws. I— party shall (where it is appropriate; store and process information in electronic format, in such a way that unauthorized persons cannot reasonably retrieve the information by means of a computer. j). Each party shall promptly return to the other party confidential information when its use ends, or destroy the confidential information utilizing an approved method of destroying �1 l : J WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 13 of Lk SUBGRANT NO: K491039 , MODIFICATION NO: NEW confidential information: shredding, burning, or certified or witnessed destruction. Magnetic media are to be degaussed or returned to the other party. k;. if the Subgrantor or Subgrantee enters into an agreement with a third party to provide WIA services, the Subgrantor or Subgrantee agrees to include these data and security and confidentiality requirements in the agreement with that third party. In no event shall said information be disclosed to any individual outside of that third party's authorized staff, subcontractor(s), service providers, or employees. 1'. The Subgrantee may, in its operation of the one - Stops, permit a One -Stop Operator to enter into a subcontract to manage confidential information. This subcontract may allow an individual to register for resume - distribution services at the same time the individual enrolls in CalJOBS. Subgrantee shall ensure that all such subcontracts comply with the intellectual property requirements of paragraph 19 of this Subgrant, the confidentiality requirements of paragraph 20 of this Subgrant and any other terms of this Subgrant that may be applicable. In addition, the following requirements must be included in the subcontracts: (1) All client information submitted over the Internet to the subcontractor's databases must be protected, at a minimum, by 128 -bit Secure Socket Layer (SSL) encryption. Clients' social security numbers must be stored in a separate database within the subcontractor's network of servers, and protected by a firewall and a secondary database server firewall or AES data encryption. If a subcontractor receives client social security numbers or other confidential information in the course of business, for example a resume - distribution service that provides enrollment in CalJOBS, social security numbers must be destroyed within two days after the client registers for CalJOBS. If a subcontractor obtains confidential information as an agent of the subgrantee, the subcontract must specifically state the purpose for the data collection and the term of records retention must be stated, and directly related, to the purpose and use of the information. In accordance wiht 29 Code of Federal Regulations 97.42, social security numbers and other client specific information shall not be retained for more than three years after a client completes services. The subgrantee should extend this period, only if any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the the three -year retention period. In this case the records should be maintained until completion of the action and resolution of all issues arising fron it, or until the close of the three -year retention period, whichever is later. (29 CFR sec. 97.42 (b)(2).) ;2) Client information (personal information that identifies a client such as name and social security number) and /or demographic information of a client ;such as wage history, address, and previous employment) shall not be used as a basis for commercial solicitation during the time the client or agency is using the subcontractor's services. Client information and /or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract. l3) A One -Stop client must still be given the option to use the One - Stop's services, including CalJOBS, even if he or she chooses not to use any services of the subcontractor. This option shall be prominently, clearly, and immediately communicated to the client upon registration within the One -Stop or for CaIJOBS, the subcontractor's resume - distribution services, or any other services subcontractor offers to the client or the One -Stop Operator. (4) The subcontractor must clearly disclose all of its potential and intended uses of the client's personal and /or demographic information for the services the clients seeks and for any other services the subcontractor offers. The subcontractor shall not use a client's personal and /or demographic information without the client's prior permission. A link to the subcontractor's Privacy Policy shall appear prominently on the registration screens that list the potential and intended uses of the client's personal and /or demographic information. ;5) When the Subgrantor modifies State automated systems such as the State CalJOBS System, it shall provide reasonable notice of such changes to the Subgrantee. The Subgrantee shall be responsible to communicate such changes to the One -Stop Operators) in the local area. m). Each party shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each party shall notify the other of any changes in that designation. As of this date, the following are those individuals: FOR THE SUBGRANTOR Name: Art. O'Neal Title: Section Manager Address: P.O. Box 826880, MIC 69 Sacramernto, CA 94280 -0001 Telephone: '.916) 654 -9699 '1 Ll Ile J WIA SUBGRANT1' AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 14 of 14 SUBGRANT N0: K491029 -- . MODIFICATION NC:'NEW Fax: ;916) 654 -9657 FOR THE SUBGRANTEE Name: Title: Telephone: Fax: 21. Signatures This subgrant agreement is of no force and effect until signed by both of the parties hereto. Subgrantee will not commence performance prior to the beginning of this subgrant agreement. Revised October 2007 55B -21 EXHIBIT COVER SHEET SUBGRANT NO: K491039 MODIFICATION NO: 00 EXHIBIT DD Page 1 OF 1 SUBGRANTEE: SANTA ANA WORK CENTER FUNDING SOURCE: WIA TITLE I YOUTH FORMULA 301 TERM OF THESE FUNDS: 04/01/2013 TO: 06/30/2015 ---- -- ------ ------- --- - ` - Use of funds added by this modification is limited to this period and additionally limited by the recapture provisions applicable to this funding source. The state may at its discretion recapture funds obligated under this exhibit, if expenditure plans are not being met. --------------------------------------------- PROGRAM NARRATIVE The purpose of this action is to initiate this Local Workforce Investment Area's (LWIA; new Program Year (PY) 2013 -14 Workforce Investment Act iWIA) Title I subgrant agreement and to incorporate WIA Youth formula funding into Grant Code (GCi 301. The amount in GC 301 represents this LWIA's entire youth formula allocation for PY 2013 -14. The term date for these funds is April 1, 2013 to June 30, 2015. The LWIA will operate the WIA program in accordance with the approved Workforce Investment Plan on file in the Workforce Services Division of the Employment Development Department, P.O. Box 826880, MIC 50, Sacramento, CA 92480 -0001. --------------------------------------------- - This exhibit adds to and does not replace the terms and conditions of any other exhibit: included in this agreement which terms and conditions remain in full force and effect. ------------------------------------------------------------ ._._ ..- WIA (3 /2000) 55B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2012 -03 TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO A,tLCOHOL SALES AND ENTERTAINMENT CITYWIDE CltY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012 -03 regulating alcohol sales and entertainment. 2. Rescind Planning Commission Resolution No. 89 -7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits. PLANNING COMMISSION ACTION On November 26, 2012, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2012 -03 to amend Chapters 41 and 11 of the SAMC related to alcohol sales and entertainment citywide and rescind Planning Commission Resolution No. 89 -7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits by a vote of 4:2 (Alderete, Yrarrazaval opposed). PUBLIC SAFETY COMMITTEE RECOMMENDATION On July 18, 2013 the City Council Public Safety Committee reviewed the draft ordinance and recommended the following revisions by a vote of 3:0: • Entertainment pursuant to an entertainment permit may be permitted until 4 a.m. • New bars (alcohol - serving establishments restricted to 21 and over) may be established, so long as they are not within 500 feet of a school for children, a park, or another bar. • The requirement that restaurants that serve alcohol must also serve food was deleted. 75A -1 Zoning Ordinance Amendment No. 2012 -03 July 15, 2013 Page 2 DISCUSSION The Alcohol and Entertainment Ordinance was developed to update and clarify the municipal code related to businesses that sell or serve alcohol. The goal of updating this ordinance has been on maintaining strong protections for neighborhoods or other sensitive uses while providing the business community with clearer rules and a more predicable process. On November 26, 2012, this item was considered by the Planning Commission and although the Commission made no changes to the modifications outlined in the attached staff report (Exhibit A), there was extensive discussion among the Commission members, as well as testimony from the public, expressing concerns over several provisions of the new code. Subsequent to the meeting, staff has had the opportunity to meet with the individuals and organizations who expressed an interest in better understanding the proposed amendment, or who wished to have changes made. This, in turn, prompted further research in order to provide the City Council the rationale behind the code provisions that were the cause of concern, and /or to provide alternatives that the Council may consider in the adoption of the ordinance. The attached draft ordinance reflects the changes that resulted from the continued involvement of the public. Key Areas of Concern The following provides a brief summary of the recommended solutions to the seven key areas of concern identified by the Planning Commission and the public: Ministerial vs. Discretionary Entertainment Permit — Some members of the public and the Planning Commission expressed concern that an Entertainment Permit issued ministerially would give too much discretion to the Police Department and that the process contained in the ordinance was too vague. In order to address this concern, the following changes have been made to the draft ordinance: • The ambiguous language regarding eligibility for the Entertainment Permit was removed. • The issuing authority was changed to the City Manager's Office. • A clear list of criteria was established to ensure that applicants know everything up front. • Language was added to clarify that, as a ministerial permit, it must be issued if all of the criteria are met. • A multi -step revocation procedure was added to ensure due process in the event that the business operator violates any of the conditions of approval. 2. Concert Venues — Owners of concert venues stated that the Entertainment Permit was not the appropriate tool to regulate businesses whose primary use is entertainment. 75A -2 Zoning Ordinance Amendment No. 2012 -03 July 15, 2013 Page 3 In order to address this concern, the following changes have been made to the draft ordinance: • A new definition for "concert venues" was created • Definition acknowledges that concert venues are distinct from restaurants providing ancillary entertainment, i.e. music and dancing are the primary uses of concert venues. • A new Conditional Use Permit (CUP) category was created for concert venues. • Allow existing concert venues that already have an indoor entertainment CUP to convert it to a concert venue CUP subject to a public hearing and standard conditions. • Eliminates the need for an annual dance permit, which is a current requirement. • Addresses existing non - conforming concert venues. 3. Permit Cost — Members of the public and representatives of the various business interests affected by the ordinance expressed concerns over the issuance and renewal cost of the Entertainment Permit. In order to address this concern, the following changes have been made to the draft ordinance: • The permit fee will be the same as those used for Land Use Certificates, which are currently: o No fee for Category I permits. o $341.22 per year for Category II permits. o $611.89 per year for Category III and IV permits. • Annual renewal fees would be reduced by 25% from initial application fee. • Permit fees would be waived in the first year. Businesses that get their permit the first year would never have to pay the initial issuance fee, only the future renewal fee. 4. Cost Recovery Methodology for Police Services — The previously proposed ordinance contained a provision to address those businesses that might violate their conditions of approval and, thereby, create the need for more calls for police services, by charging them a fee. Members of the public and business owners expressed concern that the methodology was too vague and would penalize businesses for making legitimate calls to the police. In order to address this concern, the following changes have been made to the draft ordinance: • The entire cost recovery section was deleted. • The only fee that would be charged would be for the Entertainment Permit. 5. Age Restrictions for Clubs and Concert Venues — A major area of concern, especially for the operators of large concert venues, was the recommendation that, after 10:00 75A -3 Zoning Ordinance Amendment No. 2012 -03 July 15, 2013 Page 4 p.m., patrons must be 21 years of age or over. This recommendation was given in order to address concerns that under -age patrons, particularly those under 18, could be put in unsafe situations. In order to address this concern, the following changes have been made to the draft ordinance: • Any reference to "over 21" age restrictions have been deleted. • The ordinance now references the City's existing curfew law which permits minors in business establishments after 10 p.m. if they are accompanied by a parent, guardian or responsible adult. 6. Age Verification — Both business owners and community members expressed concerns requirements for the use of ID scanners for age verification could result in discriminatory practices. In order to address this concern, the following changes have been made to the draft ordinance: • Any reference to specific types of ID scanning equipment have been deleted. • Businesses will need to specify in the security plan how they will comply with the State's law prohibiting sales of alcohol to minors, but they may employ a variety of methods. • Language regarding anti - discrimination has been added. 7. Establishment of New Bars — Some members of the business community expressed concern that the ordinance did not allow for the opening of new bars, i.e. establishments that serve alcohol, but do not have food service. This was seen as potentially hindering the continued development of a vibrant nighttime entertainment environment, particularly in the downtown. Members of organizations representing residents, retail business owners, the school district, public safety and public health agencies were not supportive of the establishment of new bars. The ordinance seeks to strike a balance between these competing interests. In order to address this concern, the following changes have been made to the draft ordinance: • Condition requiring higher percentage of food than alcohol sales was removed. • There are no restrictions on the number or concentration of new restaurant liquor licenses. • Condition requiring specific kitchen equipment was removed. • Condition prohibiting separate bar or lounge areas in restaurants was removed. • A simple new permit was created to allow for restaurants to offer entertainment, as one might find in a bar or club. 75A-4 Zoning Ordinance Amendment No. 2012 -03 July 15, 2013 Page 5 Public Safety Committee Review During the July 18, 2013 meeting of the City Council Public Safety Committee, staff presented the draft ordinance for the Committee's review. The Committee recommended three revisions: • Entertainment pursuant to an entertainment permit may be permitted until 4 a.m. (See Section 11 -1). • New bars (alcohol - serving establishments restricted to 21 and over) may be established, so long as they are not within 500 feet of a school for children, a park, or another bar. (See Section 41 -191 b5 and e). • The requirement that restaurants that serve alcohol must also serve food was deleted. (See Section 41 -196 g1 and g2). Though the staff recommendation remains unchanged, the revisions recommended by the Public Safety Committee have been integrated and highlighted in the draft ordinance. Analysis of Potential Public Safety Impacts The Committee requested that staff prepare an analysis of the potential impacts to public safety that could result from the recommended revisions, as well as provide information on the after -hours standards and practices of other cities having a comparable night -life setting. A chart comparing other cities' standards is included as an attachment to this report (Exhibit B). The Police Department has a long history with alcoholic beverage establishments that generate a relatively higher amount of police - related calls for service and require a greater number of police service hours than establishments that do not serve alcohol. Numerous studies have shown the correlation between alcohol and violence (Exhibit C). The Police Department's experience is that the hours and personnel devoted to calls at entertainment establishments with alcohol were much greater than to those establishments without (Exhibit D). The Committee's recommendation would allow for the establishment of bars (public premise licenses) throughout the City, as well as allow entertainment to be offered until 4 a.m. The greater ability to open and operate a bar, as well as allowing an extension of hours for entertainment will directly impact the Department's ability to provide adequate public safety service during a time of day where the department already has the fewest number of officers and resources available. For example, a gang - related disturbance at a dance establishment required 8 officers and a total of 10 staff -hours to clear. An assault or drunk arrest at a location with a dance permit may require 4 to 12 hours of police services. The time devoted to calls and number of personnel, from the Police Department's experience, is dictated by the events surrounding each incident. 75A -5 Zoning Ordinance Amendment No. 2012 -03 July 15, 2013 Page 6 A review of other cities that offer after hours entertainment reveals that many of these locations have larger police forces than Santa Ana does. After hours entertainment often equates to increased call volumes within establishments as well as in the surrounding neighborhoods. The Police Department maintains the least amount of staff between the hours of 2:30 a.m. to 5:30 a.m. daily. Larger cities can run leaner staffs and in cases of increased call volumes, those cities can shift resources quickly to address fluctuating needs. The proposal to allow bars Citywide, even taking into account the 500 foot separation criteria from schools and parks, does not address the impact on adjacent residential properties. The Police Department will most likely experience an increase in calls for service such as noise complaints, litter, traffic, loitering, parking problems, graffiti, DUI's, various attractive nuisance calls and area vandalism. These problems intensify because of the natural conflict between late night establishments and residential property. Whereas schools and parks are not typically occupied in the late evening hours, when bars are open, residents are generally in their homes at this time. Most public premises and entertainment establishments will have a critical- intensity period that begins approximately thirty minutes before closing time. During this time frame numerous patrons will exit into the parking lot or street, and this is often the point when residents are affected. These offsite problems can intensify when premise owners fail to control loitering in adjacent parking lots or areas. Finally, the Public Safety Committee's recommended revisions to the ordinance eliminate the requirement that restaurants serving alcohol be required to offer food to their patrons during all hours of operation. By eliminating this condition of approval, there would be no distinction between restaurants and bars. In addition, during the recommended extended hours of entertainment, patrons would not necessarily be able to order food. FISCAL IMPACT There is no fiscal impact associated with the adoption of this ordinance. M. Trevino Executive Director Planning & Building Agency KH:rb KH /ZOAl2 -03 ABC Entertainment.071513.cc lam' Carlos Rojas Acting Chief of Police Santa Ana Police Department Exhibit: A. Planning Commission Staff Report B. Comparison Chart of Other Cities' After -Hours and Entertainment Practice C. Extent of the Alcohol - Violence Association Studies Reference D. Data to Support Hours & Personnel Devoted to Entertainment Establishments 75A -6 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 26, 2012 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2012 -03 TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO ALCOHOL SALES AND ENTERTAINMENT CITYWIDE Prepared by Karen Haluza Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012 -03 regulating alcohol sales and entertainment. 2. Rescind Resolution 89 -7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits. DISCUSSION Request of the Applicant The City of Santa Ana is seeking to amend certain sections of the municipal code in order to update its regulations governing the sale of alcoholic beverages, both in stores and in restaurants, and to create new provisions for the regulation of live entertainment. Staff Analysis The City has a long history of providing for the orderly regulation of alcohol sales. In 1988 the City adopted an ordinance requiring that all businesses selling alcoholic beverages apply for and receive a Conditional Use Permit (CUP). This requirement applied to both off -sale licenses (stores) and on -sale licenses (restaurants). This process was established in order to address two significant areas of concern at that time: the proliferation of restaurants operating primarily as bars and the proliferation of liquor stores. EXHIBIT A 75A -7 Zoning Ordinance Amendment No. 2012 -03 November 26, 2012 Page 2 In 1997 the City Council created a threshold to be used in the evaluation of liquor license applications for stores, requiring that stores less than 20,000 square feet in size be subject to an over - concentration standard. This ordinance was adopted in an effort to reduce neighborhood crime associated with a proliferation of liquor stores, particularly those that relied on single -can sales as a primary part of their business. Between the establishment of the original CUP requirement in 1988 and today, the City has been very successful in regulating alcohol sales and significantly reducing crimes associated with such activity. Also during that intervening time the City has begun to see changes in the way that businesses offer alcohol sales, which has in turn highlighted areas for improvement in the City's current regulations and application processes. In November of 2011, based on many comments from the public regarding the City's current alcohol sales and entertainment policies, a study session of the Planning Commission was convened to evaluate these issues. This began a year- long process to craft new regulations. The proposed amendments to the Santa Ana Municipal Code (SAMC) would create a simplified and streamlined process for obtaining alcohol sales CUP's, as well as create standard conditions for both off -sale and on -sale licenses. At the same time these proposed revisions will ensure that the major improvements in public safety are maintained and that non - alcohol serving businesses aren't put at a disadvantage by these new regulations. Chapter 41 — Zoning Ordinance Amendment The proposed amendments to the zoning ordinance will address the following areas: • The creation of definitions for terms which currently exist in the code, but for which no description is provided. • Streamlining of the conditional use permit process for alcohol sales by rescinding the authority of the Zoning Administrator to take a preliminary action on such items and instead, having them heard directly by the Planning Commission. • Clarifies the process for obtaining a letter of public convenience or necessity. • Reduces the threshold for separation criteria and over - concentration from 20,000 square feet to 10,000 square feet for stores wishing to sell alcohol as an ancillary part of their business. • Creates standard conditions of approval for both off -sale and on -sale licenses. • Creates a new "Entertainment Permit' to allow for the provision of live entertainment. Chapter 11 — Entertainment Chapter 11 of the SAMC was first adopted in 1957 in order to regulate public dancing. It has changed very little since its initial adoption and is no longer an effective tool to regulate dancing or other forms of live entertainment. The proposed changes to this section of the SAMC would entirely replace Chapter 11 — Dancing with Chapter 11 — Entertainment and would cover a more Zoning Ordinance Amendment No. 2012 -03 November 26, 2012 Page 3 broad range of entertainment offerings. The primary component of the new Chapter 11 would be the creation of an Entertainment Permit. This new permit would allow for businesses to offer amplified music and dancing either with or without a CUP for alcohol sales. The proposed permit would be divided into four categories depending on the type of entertainment provided. Each of the four categories would have its own set of standard conditions designed to provide for the safety of the patrons, as well as to control for any nuisance behaviors or criminal activity that might result. The Entertainment Permit would be a ministerial permit issued by the Police Chief. This approach makes it simpler, faster and less expensive for a business to obtain such a permit and still provides the City an effective mechanism for regulating live entertainment. As proposed, the permit would apply to both existing, as well as new businesses, with a one -year amortization period, during which time any processing fees would be waived. Thereafter, the permit would require annual review and renewal. In order to cover the cost of any extraordinary calls for police services, a cost recovery provision also would be a part of the proposed ordinance. The fees will be set by the City Council. Finally, for those establishments that serve alcohol and have amplified music and dancing, staff recommends that the age of the patrons be restricted to 21 years and older after 10:00 p.m. For businesses wishing to have events later than 10:00 p.m. that cater to patrons under 21, their event may be held, but alcohol service must cease after 10:00 p.m. The Entertainment Permit provides more flexibility, particularly for restaurants. In some cases, it would allow restaurants to incorporate more nighttime and entertainment - related concepts. For this reason, it seems appropriate that, in these cases, the age of the patrons should be restricted. This is a common practice in other cities and some restaurants voluntarily limit the age of their patrons in acknowledgement of the change in their business after 10:00 p.m. Entertainment Permit Categories: Category I — No amplified music No dancing No permit required Category I I —Amplified music No dancing Permit required with standard conditions Category II I — Amplified music Dancing Permit required with standard conditions Patrons must be 21 years and older after 10:00 p.m. 75A -9 Zoning Ordinance Amendment No. 2012 -03 November 26, 2012 Page 4 Category IV — Amplified music Dancing After -hours CUP (operating past midnight) Permit required with standard conditions Patrons must be 21 years and older after 10:00 p.m. Rescindina Resolution 89 -7 Section 41- 630(b) of the SAMC allows the Planning Commission to delegate certain duties to the Zoning Administrator. In 1989 the Planning Commission delegated authority to the Zoning Administrator to grant Conditional Use Permits for alcohol sales licenses. Over the years this has caused delays for applicants who have had to have subsequent meetings before the Planning Commission, as well as confusion in those cases where an alcohol license CUP is proposed in conjunction with a banquet or after -hours CUP, which are heard by the Planning Commission. Staff recommends rescinding Resolution 89 -7, thereby removing the authority to grant alcohol license CUPs from the Zoning Administrator and returning that responsibility to the Planning Commission. Changing Title of Chapter 12 SAMC Chapter 12 is currently titled "Entertainment" though it deals exclusively with adult entertainment as defined in SAMC Section 41- 1701.6. With the proposed changes to Chapter 11, which would change this chapter from specifically regulating dancing to regulating a wider variety of entertainment, staff recommends that Chapter 12 be changed from "Entertainment' to "Adult Entertainment' and Chapter 11 be changed from "Dancing" to "Entertainment." Public Outreach The process to craft these new regulations formally began in November of 2011 with a Planning Commission Study Session. During that meeting the Commission appointed an ad hoc committee consisting of Commissioners Gartner, Mill and Yrarrazaval. Staff then conducted working sessions with a wide cross - section of those groups and individuals, both within the City organization and in the broader community, who might have an interest in this topic. Over the course of the last year those who participated have included representatives from: 75A -10 Zoning Ordinance Amendment No. 2012 -03 November 26, 2012 Page 5 Organizations and Businesses City of Santa Ana Agencies Bistro 400 City Attorney's Office California Department of Alcoholic Beverage Control Neighborhood Improvement Caribou Industries Parks, Recreation and Community Services Chapter One Planning and Building Agency Connect to Council Police Department County Health Care Agency Downtown, Inc. The Empire Building The East End Grand Central Arts — CSUF Karmina Restaurant Latino Health Access Logan Neighborhood Association Mega Furniture Memphis Cafe Palabra de Vida Proof Rags Intl. Rancho de Mendoza Rumores News SACReD Saint Teresa's Catholic Gift Shop Santa Ana Alley Santa Ana Chamber of Commerce Santa Ana Restaurant Association Santa Ana Unified School District Telas The Copper Door The Crosby Velvet Lounge Viajes de Mexico In addition, staff provided information to an e-mail list of over 120 people, and posted items on the City's website and Facebook page. The entire process included the following meetings: Planning Commission Study Session — 11/1412012 Community Stakeholders Meeting — 2/2/2012 Planning Commission Ad Hoc Committee — 3/13/2012 Community Stakeholders Meeting — 3/20/2012 Planning Commission Study Session — 4/9/2012 75A -11 Zoning Ordinance Amendment No. 2012 -03 November 26, 2012 Page 6 Public Safety Committee Meeting — 7/24/2012 Planning Commission Ad Hoc Committee — 10118/2012 Community Stakeholders Meeting — 11/7/2012 Planning Commission Study Session — 11/13/2012 The proposed policy recommendations contained in this staff report evolved over the past year based on the input received from the community stakeholders and the Planning Commission Ad Hoc Committee. Staff believes that the proposed recommendations have been very responsive to the feedback received. CEQA Analvsis The adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) which exempts projects which have no significant effect on the environment. A notice of exemption will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2012- 03 as conditioned and rescind Resolution 89 -7. 't`ct ell Karen Haluza Planning Manager KH:jm KH /ZOAl2 -03 ABC Entertainment. pc Attachments: Exhibit 1 — Draft Ordinance Exhibit 2 — Resolution Rescinding Resolution 89 -7 75A -12 ROH - 11/26/12 RESOLUTION NO. 2012 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RESCINDING PLANNING COMMISSION RESOLUTION NO. 89 -7 WHICH DELEGATED AUTHORITY TO THE ZONING ADMINISTRATOR TO ACT ON ALCOHOL SALES CONDITIONAL USE PERMITS BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 41- 630(b) of the SAMC allows the Planning Commission to delegate certain duties to the Zoning Administrator. B. In 1989 the Planning Commission delegated authority to the Zoning Administrator to grant Conditional Use Permits for alcohol sales licenses. Over the years this has caused delays for applicants who have had to have subsequent meetings before the Planning Commission, as well as confusion in those cases where an alcohol license CUP is proposed in conjunction with a banquet or after -hours CUP, which are heard by the Planning Commission. C. Rescission of Planning Commission Resolution No. 89 -7 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2012. E. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this resolution is exempt from CEQA review, and a Notice of Exemption will be filed upon adoption of this resolution. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby rescinds Planning Commission Resolution No. 89 -7, thereby removing the authority to grant alcohol license CUP's from the Zoning Administrator and returning that responsibility to the Planning Commission. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 26, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2012 -15 Page 1 of 2 75A -13 ADOPTED this 26th day of November, 2012 by the following vote: AYES: Commissioners: Acosta, Gartner, Mill, Nalle (4) NOES: Commissioners: Alderete, Yrarrazaval (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 26, 2012 . Date: Clerk of the Planning Commission City of Santa Ana 75A -14 Resolution No. 2012 -15 Page 2 of 2 75A-1 5 m L m z x w § § k � 2 _ \ / C \ 4) z \ \ z \ \ u � \ § Ln \ { t E 7 \ / \ E & u ba \ / / \ \ a / \ t ' m m t w to m © c E � \ o c . c 2 c . c . c . k t a . cu � \ r � f « z a z E z 3 uj ƒ - \ J n ai Ll k E ? D E U\ 7 E u o c \ CL \ � \ § \ t _ $ 3 = E $ CL a 3 t c t$ < a a / / k � % 0 (U \ z \ z \ / z \ ƒ \ LU \ � \\ « � \ E � � - § Imo/ \ Q)$ o o 4) $ o m $ 3» z¥ 2» 2 » z » � � \ « c $ 2 E \ 4' S C - t = E \ / \ m 3 E k k k k k k 2 k \ z / ai co § c _ $ ) k: coat ( bD \ .. = M m <= 2 3 UL \� 3 \ / 2 \ \ \ ƒ \ \ 75A-1 5 m L m z x w STUDIES REFERENCE Extent of the Alcohol- Violence Association Based on published studies, Roizen (3) summarized the percentages of violent offenders who were drinking at the time of the offense as follows: up to 86 percent of homicide offenders, 37 percent of assault offenders, 60 percent of sexual offenders, up to 57 percent of men and 27 percent of women involved in marital violence, and 13 percent of child abusers. These figures are the upper limits of a wide range of estimates. In a community - based study, Pernanen (4) found that 42 percent of violent crimes reported to the police involved alcohol, although 51 percent of the victims interviewed believed that their assailants had been drinking. (3)Roizen, J. Epidemiological issues in alcohol - related violence. In: Galanter, M., ed. Recent Developments in Alcoholism. Vol. 13. New York: Plenum Press, 1997. pp. 7 -40. (4)Pernanen, K. Alcohol in Human Violence. New York: Guilford Press, 1991 2. Almost four in 10 violent crimes involve alcohol, according to the crime victim, as do four in 10 fatal motor vehicle accidents. And about four in 10 criminal offenders report that they were using alcohol at the time of their offense. Bureau of Justice Statistics, US Department of Justice, 1998. 3. In 2005, there were 5.2 million victims of violence, 27% of which perceived the use of alcohol or drugs by their attacker. Bureau of Justice Statistics, US Department of Justice, 2005. 4. Alcohol availability is closely related to violent assaults. Communities and neighborhoods that have more bars and liquor stores per capita experience more assaults. "The risk of assaultive violence and alcohol availability in Los Angeles County," American Journal of Public Health, 1995. 5. Alcohol and violence seem to find each other, but is there a stronger likelihood of violent crime depending on where alcohol is sold? In the residential areas of Minneapolis, the answer is yes, according to School of Public Health researchers. Traci L. Toomey, Ph.D., a professor in the School of Public Health's Division of Epidemiology and Community Health, has found residential neighborhoods in Minneapolis with higher densities of establishments that sell alcohol are more likely to have higher rates of violent crimes. Of the neighborhoods in question, those with more on- premise outlets such as bars and restaurants are more likely to see violent crimes than the neighborhoods with off - premise outlets such as liquor stores. Toomey's study, "The Association Between Density of Alcohol Establishments and Violent Crime Within Urban Neighborhoods," is currently available at Early View and will be published in the August 2012 issue of Alcoholism: Clinical & Experimental Research. "There are numerous studies that show an area with more alcohol establishments is likely to have a higher rate of violent crime," Toomey said. "But many of these studies do not differentiate between the type of establishments or the type of crimes." EXHIBIT C Page 1 of 2 75A -16 dr-, In this study, Toomey and her colleagues assessed whether the density of alcohol establishments impacted four categories of violent crime: • Assault • Rape • Robbery • Total violent crime The researchers studied whether or not the effects of a higher density of alcohol establishments varied by the type of violent crime and by on- premise establishments versus off - premise establishments. According to Toomey, results of this study, combined with earlier findings, provide more evidence that community leaders should be cautious about increasing the density of alcohol establishments within their neighborhoods. Abstract BACKGROUND: Numerous studies have found that areas with higher alcohol establishment density are more likely to have higher violent crime rates, but many of these studies did not assess the differential effects of type of establishments or the effects on multiple categories of crime. In this study, we assess whether alcohol establishment density is associated with 4 categories of violent crime and whether the strength of the associations varies by type of violent crime and by on- premise establishments (e.g., bars, restaurants) versus off - premise establishments (e.g., liquor and convenience stores). METHODS: Data come from the city of Minneapolis, Minnesota in 2009 and were aggregated and analyzed at the neighborhood level. Across the 83 neighborhoods in Minneapolis, we examined 4 categories of violent crime: assault, rape, robbery, and total violent crime. We used a Bayesian hierarchical inference approach to model the data, accounting for spatial auto - correlation and controlling for relevant neighborhood demographics. Models were estimated for total alcohol establishment density as well as separately for on- premise establishments and off - premise establishments. RESULTS: Positive, statistically significant associations were observed for total alcohol establishment density and each of the violent crime outcomes. We estimate that a 3.9 to 4.3% increase across crime categories would result from a 20% increase in neighborhood establishment density. The associations between on- premise density and each of the individual violent crime outcomes were also all positive and significant and similar in strength as for total establishment density. The relationships between off - premise density and the crime outcomes were all positive but not significant for rape or total violent crime, and the strength of the associations was weaker than those for total and on- premise density. CONCLUSIONS: Results of this study, combined with earlier findings, provide more evidence that community leaders should be cautious about increasing the density of alcohol establishments within their neighborhoods. Copyright © 2012 by the Research Society on Alcoholism EXHIBIT C Page 2 of 2 75A -17 DATA TO SUPPORT HOURS AND PERSONNEL DEVOTED TO ENTERTAINMENT ESTABLISHMENTS An evaluation of 2009 CFS data for those locations found that CFS at dance establishments exceeded those of similar establishments that did not conduct dancing. The average number of CFS at a dance establishment is 17 while the average number of CFS at an establishment without public dancing is six (6). The number of hours spent on CFS is just as disparate. Police Department personnel spend an average of 17 hours on CFS at dance establishments. The average number of hours spent at locations without dancing is seven (7). staurants Restaurants w1 Dancing oCFS ■Hours A comparison was made of establishments that are located within the same shopping center. The locations with dance permits have a type 47 ABC license, those that do not have dance permits have a type 41 ABC license. In the first two examples, the locations have the same physical address but are at the opposite end of the shopping center. In the third example, the locations are exactly the same size, have the same type of ABC license, and are at the opposite end of the center. The difference in both the number of calls and hours spent on calls is consistent with Comparison #1. 25 20 15 10 1701 E. McFadden Avenue Suite F (No Dance Suite K (Dance Permit Permit) EXHIBIT D Page 1 of 3 75A -18 oCFS ®Hours 30 20 10 0 20 '15 !0 5 0 230 W. Warner Avenue Suite 107 (No Suite 101 Dance Dance Penn it) Perm it) 3608 S. Bristol (No 3672 S. Bristol Dance Permit) (Da ncePermit) Comparison #3 oCFS ■Hours €3CFS ■ Hours The majority of dance establishments are less than 5000 sq. feet. However, there are a few establishments over 10,000 sq. feet. A comparison was made of those larger establishments and the data reflected the same differences in CFS and hours as the other examples. All establishments used in this comparison have a type 47 ABC license. Establishments Over 10k Sq. Ft. 25 20 15 10 5 0 Black Angus ClainnJunper Festival Hall El Cortez (Ilo Dance plo Dance (Dance (Dance Permt) Permitl Perm t) Perm) EXHIBIT D Page 2 of 3 75A -19 oCFS ■Hours Comparison #4 An evaluation of seven locations within the Artist Village area that do not conduct dancing, found that the number of CFS generated was similar to dance establishments, contrary to the three prior comparisons. This may be attributed to the high level of activity in the area, the adjacent residential uses and concentration of alcohol - licensed establishments. It should be noted that although the number of CFS was similar, the number of hours spent is comparable to those establishments that do not conduct dancing. These locations are a mixture of bar and restaurant uses. Artist Village Comparison EXHIBIT D Page 3 of 3 75A -20 (ROH 07/15/13) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 11 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF ENTERTAINMENT AND ALCOHOL PERMITS AND APPLICATION STANDARDS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. That the judicious regulation of the sale and service of alcohol is necessary to protect the public health, safety and welfare. B. That the City of Santa Ana seeks to be in compliance with the State of California's regulations for the sale and service of alcohol as contained in the Alcoholic Beverage Control Act (Business and Professions Code Section 23000 - 23047). C. That, after a thorough period of research and public involvement, the following standards have been developed in order to simplify the permitting process for alcohol sales conditional use permits, while maintaining those regulations necessary to provide for public health, safety and welfare. D. The Police Department is currently updating Chapter 11 to create regulations to encompass entertainment establishments. The Department recognizes that the unique entertainment venues within the City serve to provide a rich and diverse cultural experience for individuals and visitors to the City. E. With reduced revenues and the increased growth of nightlife in the city, the Police Department is seeking to support the emerging vibrant uses by developing a strong ordinance to mitigate any negative impacts associated with these venues, and to minimize calls for service while ensuring a reduced fiscal impact on the City. F. Police department data convincingly supports the premise that the City's entertainment establishments routinely generate a greater percentage of police - related calls and require a greater number of police service hours than establishments that do not provide entertainment. 75A -21 G. The proposed revisions will add operational standards, such as minimum lighting and security guards, while deleting outdated requirements, such as patron registration. The proposed revisions to Chapter 11 will address all live entertainment venues throughout the City and will rename the Dance Permit to the Entertainment Permit. The Entertainment Permit would require the permitting of any venue having live entertainment on a regular basis. The proposed revisions would establish five entertainment categories each specifying mandatory criteria and operational standards, such as requiring minimum police officer and security staffing, attendee identification scanning and a security plan. H. The changes to Chapter 11 will require all entertainment venues within the City that are currently conducting entertainment to obtain an Entertainment Permit. Existing uses will be given a one -year grace period in order to obtain the permit. The changes will create a consistent set of regulations for all entertainment venues within the City. The Request for Council Action for this ordinance dated July 15, 2013, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. K. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 11 -1 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -1. Definitions. Chapter 11 DANCING ENTERTAINMENT 75A -22 For the purpose of this chapter the words and phrases herein defined shall be construed as having the following meanings: After -hours is operation of an establishment with live entertainment between the hours of 12 midnight and 2-amy 4 a.m. Live Entertainment will not be allowed between 4 a.m. and 8-a-.n;-. 8 a.m. Ambient music is recorded music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is utilized to create ambience and is not intended to entertain. Amplified music is electronically enhanced music which is audible from a distance of no more than twenty (20) feet from any portion of the exterior of the premises and which is intended to entertain. Dance or Dancing is movement of the human body accompanied by music or rh hm. Live entertainment includes, but is not limited to, musical performances (non- ambient, live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance. Private dance entertainment is a -dance entertainment which is limited to those persons individually invited, to which no admission charge is made, or a-a►se entertainment conducted by a bona fide club, society or association, or organization incorporated for benevolent, charitable, dramatic, literary, recreational or daRGing entertainment purposes having an established membership, and which holds meetings other than such danGes entertainment at regular stated intervals, and when the proceeds, if any, of such dance entertainment are used only for the purposes of such club, society, association or organization. 75A -23 Section 4. Section 11 -2 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -2. Private daases entertainment excepted. The provisions of this chapter shall not apply to a private dance entertainment. Section 5. Section 11 -3 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -3. Permit -- Required; application; investigation; exception. (a) Temporary Live Entertainment. Every person desiring to conduct a pub4is -dame temporary live entertainment, not to exceed one (1) day, shall, ten (10) days prior to such daRGe temporary one (1) day live entertainment event, file an application for a peRni land use certificate Ito do so ' on forms provided. No applicant may obtain more than six (6) temporary one (1) day live entertainment land use certificates in any one -year period. Any property where temporary live entertainment is provided must comply with all zoning and occupancy requirements and regulations applicable to that property. Temporary live entertainment shall be governed under the provisions for land use certificates, and are not subject to the provisions for entertainment permits under this section. danGing plaGe shall file aR appliGatiGR fbF a permit to do se with the Ghief of PGIMGe at least thiFty (30) days prier theFete. TThe— app"Gatieshalull state the business `" f" F' RteFested on the daRGe names and addFesses n�emeRs "� of Y as a r same, is days, r ai;d the heuFs wheR the same pFepesed to be r and the admiGGOOR fee to be GhaFged. (b) Entertainment Permit. Every person wishing to provide live entertainment as defined in Section 11 -1 Definitions, shall file an application with the City Manager, or designee, on forms provided at least sixty (60) days prior to the commencement of the offerina of such entertainment. (c) Such written application shall set forth the following facts: (1) The name and residence of the applicant or applicants, and if the applicant is a corporation or partnership, the names and residences of the officers, partners or directors thereof, and if the applicant is an association, the names and residences of the officers thereof; (2) The particular place for which the permit is desired: 75A -24 (3) The days and time of entertainment activities to be held under the permit; (4) A statement that the applicant is the licensee of record, sole party, or applicants are the sole party, either directly or indirectly interested in the entertainment for which a permit is sought, and that no other person is, or will be, in any manner interested, directly or indirectly, during the continuance of the permit; (5) A statement of the ownership of the realty of the premises for which the permit is sought; (6) The name of at least one responsible party on the premises, as well as a telephone number on the premises where such a person can be reached; (7) Detailed description of all entertainment to be provided, including, but not limited to, amplified music, dancing, and any other similar live entertainment activities; (OfM The skief of pel City Manager, or designee, shall investigate the persons applying for such permit, shall consider the items and standards for granting set out in section 44-5 11 -6 and, in conformance therewith, shall determine which permit category applies pursuant to section 11 -7, and then either grant such permit if all of the conditions of approval have been met. In the event that all of the conditions of approval have not been met, the City Manager, or designee, may of deny the permit applied for, and shall forthwith notify the applicant of 4is the action along with a statement identifying the reasons for the denial. (G)f!21 No person, firm, partnership, corporation, company, or non - profit or charitable organization shall conduct any publiG danGe hall, publiG daRGe, place entertainment, without first making application for and obtaining a permit so to do so, nor shall any person conduct the same during the time while a permit so to do so is revoked. (d)ff Ne peFmit shall be FequiFed for a PFivate da Any modifications or revisions to the live entertainment provided under an entertainment permit require City Manager, or designee, approval. (g) An entertainment permit shall be valid for a period not to exceed one (1) year from date of issuance. Entertainment permits are not automatically renewed and it shall be the responsibility of the permit holder to file a new application for an entertainment permit at least forty -five (45) days prior to the previous permit's expiration. (h) All establishments within the City that were conducting activities requiring permitting and regulated under this section whose activities existed prior to [Ordinance Adoption Datel, shall have a period of one (1) year from the date of the 75A -25 adoption of the revisions to apply for an entertainment permit. During such time any fees for the processing of the permit shall be waived. (i) Any permit issued pursuant to the terms of this chapter is issued solely to the person or entity applying for the permit and is non - transferrable to any other person or entity. �e}M Any permit applicant aggrieved by the decision of the Ghief e€- pelise City Manager, or designee, to deny said permit may appeal as provided in Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal must be filed with the clerk of the council and the Ghief of p elise City Manager, or designee, within sevent y -two (72) hours- ten (10) days of service of the written notice of the Ghief of pGlise's City Manager's, or designee's, decision. Section 6. Section 11-4 of the Santa Ana Municipal Code is hereby deleted in its entirety: - - - - - - M MUM - - I.- - - 11• - J. - �.• - - - Section 7. Section 11 -5 of the Santa Ana Municipal Code is hereby deleted in its entirety: 75A -26 - �.• - - - Section 7. Section 11 -5 of the Santa Ana Municipal Code is hereby deleted in its entirety: 75A -26 Section 7. Section 11 -5 of the Santa Ana Municipal Code is hereby deleted in its entirety: 75A -26 . . a. Section 8. Section 11 -6 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -6. Same- StandaFds of qFanting OF Fevoking Issuance of permit. The Ghief of pelise City Manager, or designee, OR GGnsideFiRg any appliGatiOR it may be deRied or revoked OF GGRti _6 shall issue an entertainment permit to an applicant who submits a completed entertainment permit application and has fulfilled all conditions of approval found in this chapter. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the use entertainment has been convicted of a felony Any such conviction will justify the revocation of any existing permit. Section 9. Section 11 -7 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -7. PFohmbited GgnduGt of operate Same -- Operational standards. plaGe µ 75A -27 I-- �. Oil JIIW�Jlli!111111#1�§ .. o_ --- -- — ------- eie . . a. Section 8. Section 11 -6 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -6. Same- StandaFds of qFanting OF Fevoking Issuance of permit. The Ghief of pelise City Manager, or designee, OR GGnsideFiRg any appliGatiOR it may be deRied or revoked OF GGRti _6 shall issue an entertainment permit to an applicant who submits a completed entertainment permit application and has fulfilled all conditions of approval found in this chapter. No permit shall be issued if the applicant or any person interested in or having any control of any part of the management of the use entertainment has been convicted of a felony Any such conviction will justify the revocation of any existing permit. Section 9. Section 11 -7 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -7. PFohmbited GgnduGt of operate Same -- Operational standards. plaGe µ 75A -27 fi] All establishments with an entertainment permit shall comply with the following operational standards: (a) Categoa 1. If the establishment has no amplified music no dancing and is not operating after - hours, as defined in this chapter, then no entertainment permit is required. (b) Category 2. If the establishment has amplified music but no dancing and is not operating after - hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with the following operational standards: (1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department The Category 2 Security Plan shall consist of a policies and procedures manual that addresses the following items: (A) Procedures for handling obviously intoxicated persons (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. (C) Procedures for handling patrons involved in fighting arguing or loitering about the building and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s) (D) Procedures for verifying the age of patrons for purposes of alcohol sales. 75A -28 (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. reported criminal activity. (F) Procedures for calling the police regarding observed or (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to be on the premises. (2) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 — Pool and Billiards. (3) Neither the responsible party for the permitted establishment, nor any person or entity operating the premises with the permission of the responsible party, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code section 12 -1 and 12 -2. (4) The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41- 1701.6. (5) Persons who appear obviously intoxicated shall not be admitted into the venue. (6) Employees shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (7) Musictnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (8) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (9) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within 24 hours of being applied. 75A -29 (10) It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 - Trespassing is complied with at all times that the premises are in operation. (11) The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (12) In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy. (13) Existinq venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees. (14) Cash register(s) must be visible from the street at all times and shall not be obstructed at an time by temporary or permanent signage or other mitigation agreed upon with the Police Department. (15) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. (16) Window displays and racks must be kept to a maximum height of three feet including merchandise. (17) A timed - access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department. (18) Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department. (19) The permittee is ultimately responsible for all activity on the premises. (20) The permit is non - transferable. The permit cannot be transferred to a new owner /operator, under a sublease or by a subcontractor. (c) Category 3. If the establishment has amplified music and dancing but is not operating after - hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for Category 2 entertainment permits, as well as the following operational standards: io 75A -30 (1) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department. The Category 3 Security Plan shall consist of a policies and procedures manual containing all of the items required in the Category 2 Security Plan plus the following: guards: patrons: storage area: (A) A fully- dimensioned site plan showing: (i) The posting locations of any required security (ii) The location of all emergencv exits: (iii) The location of primary entrances and exits for (iv) The location and square footage of the alcohol (v) The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s): NO The location of the designated queuing area including the location of any stanchions: NO The location of all cameras for the required Closed Circuit Television System (CCTV): (viii) Occupancy standards and approvals from the Building Department and Orange County Fire Authority~ (ix) Additional items as required to be indicated as determined necessary by the City Manager, or designee. (B) Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits. 2) Except in case of emergencv, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance /exit other than the primary entrance /exit, excluding entrances /exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting. (3) The Police Department will require uniformed, state - licensed security guards and /or Santa Ana police officers, at the owner's expense to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon Security Policies and Procedures Manual that has been approved by the Police Department. At a minimum and at all times entertainment is being offered the applicant shall employ a minimum of one (1) uniformed state licensed security -guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the Police Department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested insofar as the guard is not off the 75A -31 premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies at the direction of the Police Department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings. It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment, which illustrate their State - licensed certification. These copies /records shall be readily accessible and provided to Santa Ana Police personnel 24 hours a day upon request. An electronic incident loa shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc. (5) Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written Police Department approved Security Policies and Procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the Police Department upon request. (6) Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing, which is readily identifiable as a security person. Security uniform standards will be included in the Security Policy and Procedures Manual and will not be the same colors as the Police Department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. (7) If there is an increase of 25% in the number of police - related incidents on or near the premises, the permittee shall increase the number of uniformed state - licensed security guards to a total number of guards as determined by the Chief of the Police Department. (8) In addition to the above number of state - licensed uniformed security guards, the applicant shall provide a minimum of one state - licensed uniformed security Guard to ensure patron safety when -going to and from the required parking for the venue whether on -site or off -site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area 12 75A -32 (9) For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the Permittee's responsibility to pay for a minimum of two uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the Police Department, the Chief of Police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one -half hour prior to, during, and one -half hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four hours for each officer assigned to the venue. (10) The permittee will be responsible for verifying the age of those wishing to purchase and /or consume alcoholic beverages in order to ensure that the business is in compliance with State law restricting the age of the sales and consumption of alcohol to those twenty -one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status. (11) The owner /operator shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. This system will be clearly identified within the agreed upon Security Policy and Procedures manual. Camera system components shall include: (A) A minimum of one color camera at each police department specified location. (B) A color camera recorder or digital system capable of recording events on all cameras simultaneously_ (C) Provide an IP -based system. (12) The permittee shall submit a monthly activity schedule to the Police Department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received 30 days prior. Updates to the proposed schedule must be sent immediately. (13) A ticket manifest for an event shall be provided, on demand, to an authorized Police Department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the Police Department to access this online electronic system is the preferred method. (14) Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his 13 75A -33 designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment. (15) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. Placement of stanchions and barriers must receive Public Works Agency approval. (16) Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these Fire Department approved levels will not be exceeded. Methods of controlling occupancy can include, but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department. (17) The permitted establishment shall at all times comply with Santa Ana Municipal Code sections 10 -181 through 10 -187 regardinq curfews for minors. (d) Category 4. If the establishment has amplified music, dancing, and is operating after - hours, as defined in this chapter, then an entertainment permit is required and the establishment shall comply with all of the operational standards for Category 2 and Category 3, as well as the following operational standards: (1_) The owner or manager of the entertainment venue shall maintain on the premises a written security plan approved by the Police Department. The Category 4 Security Plan shall consist of a policies and procedures manual containing all of the items required in the Category 2 and Category 3 Security Plans plus the following: (A) Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron particularly those who are intoxicated, in leaving the establishment. Section 10. Section 11 -8 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -8. AlGGhGliG beverages; taking into Indemnification. Anyone possessing an entertainment permit shall indemnify and hold the City harmless from any and all losses, claims actions or damages suffered by any person or persons by reason of or resulting from any negligence of the permittee or its agents 14 75A -34 employees, or patrons or on account of any act or omission of the permittee in its exercise of its permit or use or occupancy of any premises in connection with such permit. In the event any suit or action is brought against the City, the permittee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the City, and Promptly satisfy any final judgment adverse to the City or to the City and the permittee jointly; provided, that in the event the City determines that one (1) or more principles of governmental or public law are involved, the City retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the City or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the permittee to indemnify the City against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, or its officers, employees or agents. Section 11. Section 11 -9 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 12. Section 11 -10 of the Santa Ana Municipal Code is hereby deleted in its entirety: ., Section 13. Section 11 -11 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -11. DanGiRq and love Fnusi Entertainment prohibition; hours. No person shall allow, conduct or permit on any premises within the city open to the public any of the follow4V entertainment activities between the hours of 2-a.FA-. 4-a,m, and 6-a:m, 8 a.m. during any day of the week.. IN 75A -35 ey*r.ted theref am Section 12. Section 11 -10 of the Santa Ana Municipal Code is hereby deleted in its entirety: ., Section 13. Section 11 -11 of Chapter 11 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 11 -11. DanGiRq and love Fnusi Entertainment prohibition; hours. No person shall allow, conduct or permit on any premises within the city open to the public any of the follow4V entertainment activities between the hours of 2-a.FA-. 4-a,m, and 6-a:m, 8 a.m. during any day of the week.. IN 75A -35 Section 14. Section 11 -12 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -12. Entertainment Permit Fee Schedule Adoption The City shall adopt and amend from time to time a schedule of fees as described in this Article by Resolution. Section 15. Section 11 -13 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -13. Penalties and Revocation (a) Any establishment obtaining an entertainment permit shall be subject to a penalty in the event that the business is in violation of any of the conditions of approval outlined in this chapter. (b) This penalty shall consist of: (1) a written warning upon the first violation which shall cite the specific condition(s) of approval that were violated; (2) the pavment of a fine upon the second violation; (3) the payment of an increased fine upon the third violation; (4) the setting of an administrative revocation hearing pursuant to the procedures established in Chapter 3 of the Santa Ana Municipal Code for the fourth violation. (c) In the event of a revocation the permittee may apply for reissuance of the permit after six (6) months from the date of revocation Until such time as the permit may be reinstated, all entertainment on the premises must cease 16 75A -36 r. Section 14. Section 11 -12 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -12. Entertainment Permit Fee Schedule Adoption The City shall adopt and amend from time to time a schedule of fees as described in this Article by Resolution. Section 15. Section 11 -13 of Chapter 11 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 11 -13. Penalties and Revocation (a) Any establishment obtaining an entertainment permit shall be subject to a penalty in the event that the business is in violation of any of the conditions of approval outlined in this chapter. (b) This penalty shall consist of: (1) a written warning upon the first violation which shall cite the specific condition(s) of approval that were violated; (2) the pavment of a fine upon the second violation; (3) the payment of an increased fine upon the third violation; (4) the setting of an administrative revocation hearing pursuant to the procedures established in Chapter 3 of the Santa Ana Municipal Code for the fourth violation. (c) In the event of a revocation the permittee may apply for reissuance of the permit after six (6) months from the date of revocation Until such time as the permit may be reinstated, all entertainment on the premises must cease 16 75A -36 Section 16. The title of Chapter 12 of the Santa Ana Municipal Code is amended to read in full as follows: Chapter 12 ADULT ENTERTAINMENT Section 17. Section 41 -25.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -25.5. Bar. A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises" -type license issued by the California Department of Alcoholic Beverage Control. For zoning purposes only, a bar shall be treated like a restaurant and permitted in any zone in which a restaurant would be allowed. Section 18. Section 41 -44.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -44.5. Concert Venue. A commercial establishment of 11,000 square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance. Section 19. Section 41 -57 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -57. Eating Establishment. A commercial establishment whose primary use is the sale and service of meals on -site to quests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code. 75A -37 Section 20. Section 41 -101.2 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 101.2. Live Entertainment. Includes, but is not limited to, musical performances (non- ambient (as defined in section 11 -1) live or recorded) any act play, revue pantomime scene dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance Section 21. Section 41 -128 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -128. Off -Sale Establishment. Those establishments licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption away from the premises (e.g., liquor stores, convenience stores, grocery stores). Section 22. Section 41 -129 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -129. On -Sale Establishment. Those establishments that qualify as bona fide eating establishments and that are licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption on the premises. Section 23. Section 41 -138.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 138.5. Public Premise. An establishment licensed by the California Department of Alcoholic Beverage Control to sell and serve alcohol pursuant to Section 23039 of the California Business and Professions Code. Section 24. Section 41 -150.8 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 150.8. Separation Requirement 18 N A51007 The prescribed distance between a regulated use, conditionally permitted use, or any other use specifying a separation requirement, and the sensitive use(s) near which it is located. For purposes of variances or minor exceptions as addressed in Sec. 41 -632, a separation requirement will not be considered a development standard and will not be subject to waiver or modification. Section 25. Section 41 -132 of the Santa Ana Municipal Code is hereby deleted in its entirety: .... Section 26. Section 41 -191 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -191. Regulated uses. (a) Purpose. It is recognized that there are some uses which, because of their very nature, are considered as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood by a concentration of these uses in any one (1) area. (b) Uses subject to regulation: (1) Adult bookstore as defined in section 41 -12.1. (2) Adult entertainment businesses as defined in section 41 -12.2. (3) Adult theaters as defined in section 41 -12.4. 19 75A -39 1701.6. (4) Adult entertainment businesses as defined in section 41- (6) Figure model studios as defined in section 12 -120. (97) Massage establishments as defined in section 22 -1. (98) Peep show establishments as defined in section 12 -22. (409) Adult motels as defined in section 41 -12.3. (c) It shall be unlawful to hereafter establish any of the uses referred to in subsection (b) within the separation requirement of one thousand (1,000) feet of any other such regulated use. (d) None of the uses referred to in subsection (b) may be established within the separation requirement of one thousand (1,000) feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes. (e) It shall be unlawful for bars, as defined in Section 41 -25.5 to be established within the separation requirement of five hundred (500) feet of any other bar or any property zoned or used for park purposes or school primarily attended by minors. Section 27. Section 41- 195.5(8) of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41- 195.5. Temporary Outdoor Activities. (g) AGtiVities appreved with aIGGhGI sale andieF GORsumption shall obtain the apprepFiate IiGense from the State DepaFtment ef AIGehGIiG Beverage GGRtFE)I ("ABC") and will be subjeGt to the fellewin Temporary outdoor activities where alcohol sale or and /or consumption is allowed. (1) All cooking: equipment (grills, barbecues, etc.) must be turned off one -half ( 1/2) hour before the activity closure each evening. 20 75A -40 (2) The sale, service and consumption of alcohol shall occur only within a fenced -in area. This area shall be designated with appropriate signage identifying it as such and shall be approved by the police department. (3) The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced -in area designated for the sale, service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in 41- 195.5(g)(2). (4) Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only. (5) Alcoholic beverages shall be served in distinctive cups, which are different from those used for non - alcoholic beverages. (6) No more than two (2) cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. (7) The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. (8) The server is prohibited from consuming alcoholic beverages. (9) The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity. Section 28. Section 41 -196 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -196. Establishments selling alcoholic beverages. (a) Conditional Use Permit required. Except as provided in subsection (b), no establishment may sell alcoholic beverages for either on -site or off -site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41 (b) 677 Land use certificates for incidental alcohol sales. A land use certificate shaA may be issued pursuant to the requirements of Section 41 -675 for an establishment which serves alcoholic beverages for either on -site or off -site consumption only if the establishment falls within one (1) of the following categories: 21 75A-41 (1) Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises. (2) Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (c) Alcohol storage and display area for off -sale establishments No off -sale establishment under 10,000 square feet shall have a combined alcohol storage and display area that exceeds five percent (5 %) of the gross floor area of the store area (d) Separation requirement for off -sale establishments under 10,000 square feet. No off -sale establishment may be granted a conditional use permit for the sale of alcoholic beverages if any of the following conditions apply: (1) The proposed establishment is within one thousand (1,000) linear feet of an existing off -sale alcohol license as measured from the primary entrance of one establishment to the primary entrance of the other establishment (2) The proposed establishment is within one thousand (1,000) linear feet of any property used as a school primarily attended by minors for a church or for park purposes as measured from the door of one establishment to the door of the other use(s) (3) The proposed establishment is determined to be overconcentrated by the state department of alcohol beverage control as defined in Business and Professions Code section 23958.4. (e) Finding of public convenience or necessity for off -sale establishments under 10,000 square feet located within an area of undue concentration If the proposed off -sale establishment is located within an area deemed to have an undue concentration of off -sale alcohol licenses pursuant to the State Department of Alcoholic Beverage Control the City may at its discretion, prepare a Letter of Public Convenience or Necessity to allow the alcohol license pursuant to the process contained in Section 41-645.5. However, the conditions in subsections (2) and (3) may not be waived. (f) Operational standards for off -sale establishments The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196: (1) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee 22 75A -42 (2) The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. (3) There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. at any time. (4) There shall be no coin - operated games maintained on the premises (5) All public telephones shall be located on the interior of the premises. (6) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 24 hours of being applied. (7) The applicant shall post a placard prohibiting loitering pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. (8) It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. (9) The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. (10) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the police department, addressing at a minimum the following items: handling obviously intoxicated persons: establishing a reasonable ratio of employees to patrons based upon activity level in order to monitor beverage sales and patron behavior; handling patrons involved in fighting arguing or loitering about the building and in the immediate adjacent area that is owned leased rented or used under agreement by the Licensee(s); verifying age /checking identification of patrons: calling the police regarding observed or reported criminal activity. (11) If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state - licensed uniformed security guards at a number determined by the Chief of Police. (12) All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana 23 75A -43 (13) Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. (14) The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours Conditional Use Permit. (15) Existing building and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance) These code conditions will require that the existing project lighting door /window locking devices and addressing be upgraded to current code standards Lighting standards cannot be located in required landscape planters. (16) Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage (17) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage (18) Window displays and racks must be kept to a maximum height of three feet including merchandise. (19) A timed - access cash controller or drop safe must be installed (20) A silent armed robbery alarm must be installed and operable at all times. (21) Clearly distinguishable height markers shall be installed on the inside door iamb of all doors used by the public to access the store Horizontal marks one -inch wide by three inch long, in different colors and in a contrasting color to the background shall be placed every six inches beginning at 5' and ending at 66" (22) No person under the age of 21 shall sell or deliver alcoholic beverages. (23) Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head (b) A minimum of one color camera that views the full length side of a customer at the cash register area 24 75A-44 cameras simultaneously. minimum of 60 days. (c) A color camera recorder capable of recording events on all (d) A tape or disc storage library of recorded cameras kept for a (e) If video tape is used tapes cannot be taped over more than six times. An audio recording component that will record sounds occurring at the customer counter. (g) An Internet Protocol OP)-based system is required. (24) It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. (25) The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs This shall include any window signs and temporary banners. (c) Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 (a). (1) The nr and 1-1 establ'shment as defined On SeGtm 038 of the GalmfOFR;a shall praiEf Full on v r ro hoinn cvorni c (2) There shall be no fixed bar or lounge area upon the premises of an eatina establishment maintained for the sole purpose of sales service or consumption of alcoholic beverages directly to patrons A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. (3) The sales service and consumption of alcoholic beverages shall be ermitted only between the hours of 8:00 a.m. and 1200 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. (4) It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on anV property adiacent to the licensed premises under the control of the applicant with the exception of any enclosed patio areas. 25 75A -45 (5) The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. (6) All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. (7) During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status but only to comply with state law restricting the sale of alcohol to those 21 and older. (8) Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee shall be responsible for monitoring the queuing lines at all times. (9) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. (10) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. (11) There shall be no exterior advertising of any kind or type including window signs or other signs visible from outside that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior, shall constitute a violation of this condition Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height (12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink get one free" "two for the price of one" or "all you can drink for..." or similar language. (13) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 26 75A -46 (14) Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstandinq this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (15) Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. (16) The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. (1) The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (18) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (19) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. (20) Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting door /window locking devices and addressing be upgraded to current code standards Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with (21) A timed - access cash controller or drop safe must be installed (22) Install a silent armed robbery alarm. (23) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: (A) Procedures for handling obviously intoxicated persons (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. 27 75A -47 (C) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). (D) Procedures for verifyinq the age of patrons for purposes of alcohol sales. (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. reported criminal activity. (F) Procedures for calling the police regarding observed or (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to be on the premises. (24) The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. (25) Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Section 29. Section 41 -196.2 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 41- 196.2. Concert venues. (a) Conditional Use Permit required. No concert venue, as defined in Section 41 -44.5, may operate as a commercial use unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41. (b) Operational standards for concert venues. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41- 196.2: 28 (1) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: (A) Procedures for handling obviously intoxicated persons. (B) The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. (C) Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adiacent area that is owned, leased, rented or used under agreement by the Licensee(s). (D) Procedures for verifying the age of patrons for purposes of alcohol sales. (E) Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. (F) Procedures for calling the police regarding observed or reported criminal activity. (G) Procedures for management of queuing lines. (H) The location and description of any video games proposed to be on the premises. (1) A fully- dimensioned site plan showing: (i) The posting locations of any required security guards: (ii) The location of all emergency exits; (iii) The location of primary entrances and exits for patrons: (iv) The location and square footage of the alcohol storage area; (v) The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s); (vi) The location of the designated queuing area including the location of any stanchions; NO The location of all cameras for the required Closed Circuit Television System (CCTV; (viii) Occupancy standards and approvals from the Building Department and Orange County Fire Authority; 29 75A -49 Ox) Additional items as required to be indicated as determined necessary by the City Manager, or designee. (J) Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits (K) Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone the provision of a list of taxi services, or other service that will ensure the safe travel of any patron particularly those who are intoxicated, in leaving the establishment (L) Procedures for requiring the use of wristbands to indicate patrons' ages to identify those who are 21 years of age and older. (2) Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security Plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 — Pool and Billiards. (3) Neither the responsible party for the permitted establishment nor any person or entity operating the premises with the permission of the responsible Party, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code section 12 -1 and 12 -2. (4) The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. (5) Persons who appear obviously intoxicated shall not be admitted into the venue. (6) Employees shall not consume any alcoholic beverages during their work shift except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift (7) Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction (8) There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. (9) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within 24 hours of being applied 30 75A -50 (10) It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 - Trespassing is complied with at all times that the premises are in operation. (11) The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. (12) In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy, (13) Existing venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees. (14) Cash register(s) must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or other mitigation agreed upon with the Police Department. (15) Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. (16) Window displays and racks must be kept to a maximum height of three feet including merchandise. (17) A timed - access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department (18) Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department. (19) The permittee is ultimately responsible for all activity on the premises. (20) The permit is non - transferable. The permit cannot be transferred to a new owner /operator, under a sublease or by a subcontractor. (21) Except in case of emergency, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance /exit other than the primary entrance /exit excluding entrances /exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting. 31 75A -51 (22) The Police Department will require uniformed state - licensed security guards and /or Santa Ana police officers at the owner's expense to perform crowd control inside and outside of the establishment based upon the type of activities anticipated at the location or based upon prior history of activitv at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon Security Policies and Procedures Manual that has been approved by the Police Department. At a minimum and at all times entertainment is being offered the applicant shall employ a minimum of one (1) uniformed state licensed security guard for every 100 persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequencv and communication equipment that is specified by the Police Department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested insofar as the guard is not off the premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the Police Department and other guard companies at the direction of the Police Department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment which illustrate their State - licensed certification. These copies /records shall be readily accessible and provided to Santa Ana Police personnel 24 hours a day upon request (23) An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations injuries and objectionable conditions that constitute a nuisance occurring in on or at the licensed Premises, including the immediately adjacent area that is owned leased or rented by the licensee. The log will indicate date time description of incident and action taken "Objectionable conditions that constitute a nuisance" means disturbance of the peace Public drunkenness, drinking in public harassment of passersby, gambling prostitution loitering, public urination, lewd conduct drug trafficking excessive loud noise etc (24) Contract security services proprietary security personnel or Personnel assuming the functions typically associated with security shall be familiar with the establishment's written Police Department approved Security Policies and Procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the Police Department upon request (25) Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing which is readilv identifiable as a security person Security uniform standards will be included in the Security Policy and Procedures Manual and will not be the same colors as the Police Department's. They shall maintain order and enforce the establishment's no loitering Policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of 32 75A -52 Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. (26) If there is an increase of 25% in the number of police - related incidents on or near the premises, the permittee shall increase the number of uniformed, state - licensed security guards to a total number of guards as determined by the Chief of the Police Department. (27) In addition to the above number of state - licensed uniformed security guards, the applicant shall provide a minimum of one state - licensed uniformed security guard to ensure patron safety when going to and from the required parking for the venue whether on -site or off -site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area. (28) For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the Permittee's responsibility to pay for a minimum of two uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the Police Department, the Chief of Police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one -half hour prior to, during, and one -half hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four hours for each officer assigned to the venue. (29) The permittee will be responsible for verifying the age of those wishing to purchase and /or consume alcoholic beverages in order to ensure that the business is in compliance with State law restricting the age of the sales and consumption of alcohol to those twenty -one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status. (30) The owner /operator shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. This system will be clearly identified within the agreed upon Security Policy and Procedures manual. Camera system components shall include: (A) A minimum of one color camera at each police department specified location. (B) A color camera recorder or digital system capable of recording events on all cameras simultaneously_ (C) Provide an IP -based system. 33 75A -53 (31) The permittee shall submit a monthly activity schedule to the Police Department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received 30 days prior. Updates to the proposed schedule must be sent immediately. (32) A ticket manifest for an event shall be provided, on demand, to an authorized Police Department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the Police Department to access this online electronic system is the preferred method. (33_) Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment. (34) The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adiacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons Placement of stanchions and barriers must receive Public Works Agency approval. (35) Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these Fire Department approved levels will not be exceeded. Methods of controlling occupancy can include but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department (36) The permitted establishment shall at all times comply with Santa Ana Municipal Code sections 10 -181 through 10 -187 regarding curfews for minors Section 30. Section 41 -196.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 196.5. Entertainment permit required. Any legal non - residential use wishing to offer entertainment as an ancillary use to its primary operation must apply for an entertainment permit pursuant to Chapter 11 of the Santa Ana Municipal Code. At no time may entertainment be offered without such a permit Section 31. Section 41 -630 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -630. Planning commission duties, authority. 34 75A -54 (a) The planning commission is hereby authorized under conditions herein provided to grant minor exceptions to, and variances from the provisions of this chapter, and to grant conditional use permits for uses in any zone in which such uses may be conditionally permitted. Section 32. Section 41 -631 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -631. Zoning administrator, powers and duties. The zoning administrator is authorized to act on minor exceptions, when the a thOFity to se ant has been delegated as nrecnribeiJ in Fhis ar+inle as listed in section 41- 632(a)(3). Section 33. Section 41 -632 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -632. Conditional use permit, variance and minor exception applications -- Initiation, scope. (a) In accordance with the procedures outlined in this article, application may be made for: (1) Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. (2) Variance from the development standards to ure land 9F buildings-JR a FnaRReF at YaF'aRre with the provisions of this chapter. (3) Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following: (a) Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements. 35 75A -55 (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty -five (25) per cent the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted. (f) Setback and future right -of -way lines. (g) Off - street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement and pursuant to the standards contained in section 41- 638.1. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. 0) Any etheF regulation that the plannoRg q May 40M time to tome deGlaFe. Section 34. Section 41 -633 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -633. Same -- Filing; form and content. Application for conditional use permit, variance or minor exception shall be in writing and filed in the city planning department upon forms provided by the department and shall include the following information: (a) A full statement of the special circumstances and conditions relied upon as grounds for application. (b) An outline of the proposed use, including adequate plans and a legal description of the property involved. (c) For public notification required for any public hearings vadaase 0 36 75A -56 available tax Fell the provisions of Santa Ana Municipal Code section 2- 153(c) shall apply. (ed) Each application shall be signed by the record owner or agent for the owner if notarized certificate of power of attorney is filed with the application. Section 35. Section 41 -634 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -634. Same -- Filing fees. Every application under this chapter for a minor exception, variance, conditional use permit or appeal to the planning commission or city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. Section 36. Section 41 -635 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -635. Hearing on application -- Hearing date. Upon the filing for a minor exception, variance or conditional use permit, the director of of planning shall set the application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days nor more than forty -five (45) days after the filing date. five (5) days RGF rneFe thaR fifteeR (15) days afteF the filing date. Section 37. Section 41 -636 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: 37 75A -57 Sec. 41 -636. Same -- Notice of hearing. this All public notification requirements shall comply with the provisions of Santa Ana Municipal Code section 2 153(c). Section 38. Section 41 -638 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -638. Standards for granting applications for minor exceptions, variances and conditional use permit and appeals. (a) The council; and planning commission, and in the case of minor exceptions the zoning administrator may grant according to the procedure outlined in this chapter: (1) Conditional use permits for specific uses located at a particular location when it shall be deemed: (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. (2) Variances from and minor exceptions to the provisions of the Municipal Code when it appears that all of the following have been established: (i) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; 38 75A -58 (ii) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights; (iii) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; (iv) That the granting of a variance or minor exception will not adversely affect the general plan of the city. (b) In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commission or council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter. Section 39. Section 41 -640 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -640. Zoning administrator to make finding of fact -- Referral to planning commission for hearing. In granting or denying a Genditional use peFmit, minor exception, when of this aFtoGl °, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written finding of fact shall be filed with the clerk of the council, with the , with the city's planning department, and mailed to the applicant. All decisions of the zoning administrator on applications for Genditional use permits and VaFiaRGes appl♦eatiees for minor exceptions shall be final and need not be " %,�.. b unless appealed to the planning commission; pursuant to section 41 -645. Section 40. Section 41 -641 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41 -641. Same -- Referral to planning commission. In the event the zoning administrator is of the opinion any G91PIditieFial use permit, seer minor exception request is of such magnitude as to be of special interest to the people of the City of Santa Ana and the planning commission, he may continue the hearing to the next regularly scheduled meeting of the planning commission, who shall then process the application in the manner prescribed in section 41 -639 of this article. 39 75A -59 Section 41. Section 41 -643 of the Santa Ana Municipal Code is hereby deleted in its entirety: zeRiRg adFniRistFatGF Fear--h;ed deGislen that limits imposed a wa6 just and withiR the by this aFtiGle, the GGURGOI f9F its Feview, as set feFth OR seGt*GR 41 644, with the full weight and autheFity by both IIIYYfYIIH Section 42. Section 41 -644 of the Santa Ana Municipal Code is hereby deleted in its entirety: Upon the FeGeipt of a wFitteR finding Of faGt filed with the --f the GeunGil by the IIIYYfYIIH MIN Section 42. Section 41 -644 of the Santa Ana Municipal Code is hereby deleted in its entirety: Upon the FeGeipt of a wFitteR finding Of faGt filed with the --f the GeunGil by the Section 43. Section 41 -645 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: 40 "W_Q16C e 2t Section 43. Section 41 -645 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: 40 "W_Q16C Sec. 41 -645. Appeals from decisions of planning commission and /or zoning administrator- - Generally. (a) An appeal from a decision or requirement of the planning commission or zoning administrator may be made by any interested party, individual or group. (sb) Any appeal made under the terms of this article shall be made within ten (10) calendar days following the date of the decision by the planning commission or zoning administrator. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of the decision by the planning commission or zoning administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day. The formal action by the zoning administrator or planning commission shall become effective on the day following the first regularly scheduled council meeting after the ten (10) day appeal period, unless the city council in compliance with seGtoen 41 643, sertiOR 41 644 oF section 41 -645 of this article V, holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council. (dc) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission or zoning administrator. Furthermore, a copy of said appeal shall be filed with the planning department and the clerk of the council. (ed) Upon receipt of said appeal of the decision of the planning commission, the planning department shall set the matter for hearing by the council. In the event the matter is an appeal from a ruling by the zoning administrator applisa#ie+ }, the matter shall be heard by the seeesit planning commission this aFtisle. (k) All appeals shall be heard in the same manner as prescribed for the original hearing. (gfl Upon filing of an appeal, the planning department shall forward to the clerk of the council a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission and /or zoning administrator was based. (#g) The council, or in the case of a zoning administrator appeal the planning commission, may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the city planning department; one copy thereof shall be sent to the applicant. 41 75A -61 Section 44. Section 41 -645.5 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41- 645.5. Same -- Preparation of a letter of public convenience and or necessity for off -sale alcohol conditional use permit , feet, (a) NetNithstanding any otheF PFGViSi9R of this aFtiGle, over-GeRraentratien of G#pFemise liqUGF liGenses fbF markets less than twenty thousand (20,009) square feet, OF a Genditional use peFmit fGF the sale of alGGhGliG beyeFages appeal to the eity Geu In the event that a business requesting a conditional use permit for an off -sale alcohol license is located within an area deemed to have an undue concentration of said licenses as determined by the California Department of Alcoholic Beverage Control pursuant to Section 23958 et seq of the California Business and Professions Code, then that business may apply to the planning commission for the preparation of a letter of public convenience or necessity as a component of the application for the conditional use permit. The process of consideration of this request will be governed by Article V regarding the processing of conditional use permits except that the following findings must be made. (1) In granting said letter of public convenience or necessity the applicant must prove and the planning commission must find that: (i) The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. (ii) The economic benefit outweighs the negative impacts to the community as whole. (iii) The issuance of the license will provide a needed service not currently being met in the community (iv) There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby_ (v) The business cannot operate profitably without a liquor license. 11 PA 75A -62 NO The applicant has demonstrated reasonable efforts to seek community input. (b) Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience and or necessity, YaFianGes # IaUndr,emat, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty -one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding the preparation of a letter of public convenience and or necessity, 9F GOndotmenal use 'ee shall be heard and decided by the city council. Section 45. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12013 APPROVED AS TO FORM: Miguel A. Pulido Mayor 43 75A -63 .... I - . - I I - I V. vmm Section 45. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12013 APPROVED AS TO FORM: Miguel A. Pulido Mayor 43 75A -63 Sonia R. Carvalho, City Attorney By: Ryan O. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 44 75A -64 ITEM 75A CORRESPONDENCE 75A -65 June 16, 2013 To Whom It May Concern: I'm writing in support of Bistro 400 being considered for an Entertainment permit for Restaurant/ Businesses. Bistro 400 has been a staple in Downtown Santa Ana for the last Decade and has been a positive influence in the community. Throughout the years, Bistro 400 has hosted many fundraisers in support of the arts, including directly financially supporting cultural and arts nonprofits. I have seen this first -hand as a former Board member of several non - profits and a supporter of community groups, including E1 Centro Cultural de Mexico, OC Young Democrats, 691-11 ADEM's, SABHC and Breath of Fire. I am very supportive of Bistro 400 being permitted to expand its entertainment scope, because I have enjoyed the musical talent that they bring to 41" Street. I look forward to them expanding their contribution to Downtown, by increasing their opportunity to expand their business. Bistro has constantly supported the growth of art, music and the educational growth of all cultures in the downtown, and I hope you will work with them as much as they have worked with the community. Feel free to contact me by email at iuliomoisesperez g ail com or directly at 714 - 872 -0352. In Solidarity, i Julio Perez *Santa Ana Resident *Staff Director at the OCLF *Former Board member of El Centro Cultural de Mexico 'Tittles for Identification Purposes Only 4VAI ffpef� Keith Bennett From: C. Chase [cassandra @chasegroup.coj Sent: Tuesday, June 18, 2013 4:36 PM To: Keith Bennett Subject: Re: New Leaders Council(NLC) Here you go! June 18, 2013 To Whom it May Concern: I write this letter in support of Bistro 400. Bistro 400 has served as a staple restaurant in the Santa Ana community. As a patron of the venue I can attest to the high quality customer service, excellent menu and food quality. Bristo 400 has been an advocate in support of community based organizations. The establishment recently hosted a fundraiser event on behalf of a non profit organization that I volunteer with. Bistro 400's support allowed the organization to raise funds to help support the professional leadership development of several young professionals throughout Orange County. I look forward to continuing my relationship with the restaurant and look forward to a positive resolution that benefit's local businesses in the Santa Ana community such as Bistro 400. Sincerely, Cassandra Chase On 6/18/20 i3 2:38 PM, Keith Bennett wrote: forward toward the future in favor of the Entertainment Permit. Cassandra Chase CHASF � (310) 893 -0899 % ca sandraa- chasegret co ' by �t- v°.cl�ase vuP.ct 75A -67 To whom it may concern, My name is Sara Guerrero, and I grew up in Santa Ana. As an adult, I have returned to my community and with my partner to raise our family and to make our home here. Being a part of the Santa Ana community is important to me. As both a professional artists and resident in Santa Ana, I continue to advocate and work in the performing arts. I cofounded (in 2003) and serve as the Artistic Director for the award winning, non - profit organization, Breath of Fire Latina Theater Ensemble, which helps promotes Latinas in the performing arts and is the only Latina Theater company in Southern California. Santa Ana continues to be the organization's home base. I helped organize the first three Dia del Muertos I Day of the Dead celebrations through El Centro Cultural de Mexico. I have headed and organized Dia Del Nino' Day of the Child festival for 2012 and 2013 through Arts Orange County; a free arts festival for the Santa Ana Community, to celebrate youth, and to engage and encourage them and families in meaningful arts experience. I am currently heading another project to help write a play with and about the Santa Ana Community, I am working through South Coast Repertory in partnership with Latino Health Access. I share all this information to you because although I work and advocate for the arts this work cannot be done alone. Through my time here I have made long lasting connections to other organizations and businesses that always want more for our community and are supportive of one another. Bistro 400 is one of those places. It is a staple to me, my organization, and this community. Bistro 400 is one of the first businesses to reach out to Breath of Fire. We have had many audience, cast and crew members dine there before or after a show, held a number of fundraisers to help get us through the next project, donated food for our opening nights of world premiere plays (over 20), hosted our new play reading series and the list goes on. Bistro 400 has not only helped my organization but many others. And always visible and reachable you will find owners Pierre and Robert; hardworking; supportive, and wonderful people who have really made a difference in our community. I truly hope that through this example of support the city will also consider its support to continue to allow businesses like Bistro 400 an opportunity to grow, as well. We all want a place to live, thrive and call home. Please let me know if you have any further questions. I thank you for your time in advance. Sincerely, Sara Guerrero 216 E Pomona St. Santa Ana, CA 714.785.0764 sara @breathoffire.org �_Qll� Keith Bennett From: Phorn Pruong [ppruong @hotmail.com] Sent: Tuesday, June 18, 2013 12:36 PM To: Keith @bistro400.com Subject; Letter Coming from such a hard place like Santa Ana I've always wanted to make it easier on people, so when I started my company the purpose was to help them who grew up locally to be able to show the doubters they too can follow their dreams. Not everyone here was given the opportunity, some didn't know where to look. So I'm guessing that's where I come in, Konsept is a local art and music collective mainly based in the Downtown Santa Ana area. We want to help promote local artist and show them that their is a positive colom, here that don't care about making a cent off of them. Over the last year we've hosted big events, from concerts to art galleries but our favorite show's have always been the opportunity to work with local businesses. Bistro 400 from the start have opened their doors to us, giving local musicians and artist an opportunity to display their work or to be able to perform. I've seen a lot of smiles at this place, never anything negative, everyone leaves satisfied from the guest, the staff and the performers. I love to see the faces of people when they come up to me and say thank you, that was my first show ever or from bands that have been performing and touring for years say thank you because this was a whole new experience. Who knew such a small restaurant like Bistro and a group of artist could not only help make a dream come true but also launch a whole new experience for people who have been doing it longer than we have. In a two month span Konsept hosted about 8 shows at Bistro 400, each one different, each one had a different theme, each one was free to attend, each one was free to perform and each one was worth it. This is what a lot of the Downtown area lacks, opportunity, an artist can't show their work without a gallery owner taking more than half the profits, a musician can't perform without selling more than 20 tickets for $20 each and a event coordinator and promoter like myself wouldn't be able to help these artist make their dreams come true. if this all entertainment permit passes it would cost local businesses more money, starting a chain reaction to us dreamers trying to make a difference, we don't support the new rules or law in Downtown Santa Ana we support the dream makers. Tyson Pruong CEO /Co- Founder of Konsept "C_ u= UF; ?T2yit���t�fi�ii.0 =�Ti= �� J Cl� 41 =r ;, tyxaeletr, r't`t.t:itt° fir .. Keith Bennett Bistro 400 400 W. 4th Street Santa Ana, CA Dear Mr. Bennett, This letter is written in support of our favorite restaurant and local eatery, Bistro 400. Bistro 400 has been an active supporter, not only of our organization, but to many organizations in the greater Santa Ana area. I am humbled and privileged to have personally been a patron of Bistro for the last 5 years. Likewise, the fellows in our institute have taken full advantage of this historic venue. I am writing to express our chapter's support of Bistro 400 and that we would like to continue this relationship by helping Bistro 400 and the Santa Ana downtown area move forward toward the future in favor of the proposed Entertainment Perinit. Bistro 400 has been considered a staple in Downtown Santa Ana for over the past decade and has been a positive influence in the community. Along with the Downtown growing and moving forward with it's incredible passion for the Arts, Music, Dance and education of so many different cultures, we agree that it is time to allow all the local businesses the chance to grow at the same rate. This permit will help to continue support of the inspiring changes that has already occurred and the changes that are still planned for the future. New Leaders Council, Orange County is dedicated to helping people and changing their lives by offering a variety of programs such as- providing training to social justice entrepreneurs in Orange County, educating groups on collaborative leadership, and expanding a support network of people who are successful in their industry, risk - takers, and progressive advocates. As we are a diverse nonprofit organization, with rnany different views on the world, having a convenient, open, and affordable spot to meet and socialize is an essential part of these efforts. We look forward to a continued working relationship and wholeheartedly support all of your endeavors to benefit our community. Sincerely, Angelica Angelica Ramos, Chapter co- Founder and co- Director New Leaders Council — Orange County ara.mos @newleaderscouncil.org j 202.577.1252 P.O. Box 13232 Newport Beach, CA 92658 *New Leaders Council is a 501(c)(3) public charity dedicated to educating and training a new generation of leaders and to providing those leaders with the tools they need to succeed. NLC does not engage in political or legislative activities of any kind, does not support or oppose any candidate for public office, and serves only as an educational leadership training ground. Federal tax ID number: 56- 2581640 75A -70 From: "Xochitl Casillas" <xochid.casillas,i gmail.corn> Date: Jun 12, 2013 12:53 AM Subject: Letter of Support (feel free to make edits) To: <kcith ci bistro400,com> Cc: To Whom This May Concern, It is with great pleasure that I write a letter in support of the entertainment pennit for all Santa Ana restaurants and businesses. My desire to support this change is directly related to my relationship with Bistro 400; this establishment has served as a central site where partnerships, among diverse groups of individuals, have come to gather. I moved to Orange County a few months ago, and have visited Santa Ana for business - related reasons; the majority of my visits include meeting with potential clients and fostering existing ones. As an outsider coming into Santa Ana, I asked a colleague, whom is deeply connected in the community, for a respectable restaurant to take my clients to; he recommended Bistro 400. After my first visit, I was impressed with the service, food, drink selection, and establishment as a whole. I quickly grew fond of the Bistro 400 outside of my business - related visits, and started to attend their jazz and blues niglus. The ambiance is always lively, and full of "movers and shakers" -the majority of which represent the community -at- large. Initially, I came to Bistro 400, so that I could maintain my existing clients, but it has become a place to establish new clients! Professionally, and socially; Bistro 400 has become my "go -to" spot, and thus, I am a huge supporter of their business. On a more recent and personal note, Bistro 400 has graciously allowed the New Leaders Council (NLC). a national nonprofit organization that I am currently involved with, to host our annual fandraiser miter there on Thursday. June 13th. They not only agreed to reserve the space for our group, free of cost, but they also offered to provide our guests with free appetizers, and will give 20% of the drink sales sold during our mixer, back to us -in the form of a donation to the nonprofit. I cannot stress how supportive and cooperative Bistro 400 has been with my personal business, aside from my involvement with the nonprofit I am engaged with, but they continue to serve as a beacon to the Santa Ana community. And thus, I believe an overall entertainment permit will enable Bistro 400 to continue expanding their philanthropic work on a larger scale. This will not only foster a greater sense of community, but it will bring individuals, such as myself (whom only do business in the area) to continue investing in Santa Ana. I know that you will recognize the efforts that Bistro 400. as well as other businesses in the community, are doing to make Santa Ana a premiere city that others will model after. This can be done by supporting the entertainment permit for all Santa Ana restaurants and businesses. it is my hope that you will understand the social and financial Gains that this change will make in the community of Santa Ana. I wilt be following this discussion closely and look fonNard to hearing your decision. T f i can be of further assistance, feel free to email me at x�c ll.�as� + a4�<<`m ;' o,�. or b_v phone Y41 5G9. Best, Xochitl Casillas, New Leaders Council Fellow 75A -71 E- Friday, June 14, 2013 To Whom It May Concern, I am writing in support of an Entertainment Permit for Bistro 400, on behalf of the Orange County Young Democrats (OCYD). For the past five years OCYD has conducted its monthly mixers at Bistro 400. Keith Bennett and the incredible staff at Bistro 400 have provided the organization with a space where we feel welcomed and supported. Their generosity, kindness, and consideration have always been appreciated by our membership, and are the reasons we continue to hold our meetings at Bistro 400. As our Board members have always said, Bistro 400 just feels like "home." Bistro 400 serves as a landmark in Santa Ana, and holds deep value for our organization and the greater Orange County community. Extending an Entertainment Permit to Bistro 400 would allow the restaurant to contribute to the city's growing cultural and entertainment scene, a win - win for the restaurant and community. Santa Ana's future is bright, thanks in large part to businesses like Bistro 400 and the commitment of its proprietors to growing the city's cultural and arts community, and providing a home for organizations like OCYD. I strongly encourage you to extend an Entertainment Permit to Bistro 400 so they may continue to enhance the quality of life in Santa Ana and the surrounding communities. Sincerely, Katherine Reedy Chair Orange County Young Democrats Orange County Young Democrats • 200 N. Main Street, Mezzanine Level, Santa Ana, CA 92701 - www.ocyd.org 75A -72 f �-- d Lam' TOWN EILY ESTIVAL Dear Committee of Downtown Santa Ana, Hi my name is Caylee So, and I am the current director of Cambodia Town Film Festival (CTFF), a festival that began with the idea and the commitment to preserve the Cambodian culture. During our recent fundraising campaign, we collaborated with Bistro400 of downtown Santa Ana, and we were very impressed, enthusiastic and incredibly inspired by the show of community support by Keith Bennett and the patrons of Bistro 400. We found ourselves very excited to have brought CTFF to downtown Santa Ana as we have noticed the immense artistic growth in this very rich area. I'm writing to you today because I have recently been informed of some of the wonderful changes that are underway in downtown Santa Ana, and as Cambodia Town Film Festival, we try to remain very active in all of our surrounding communities. We believe immensely in the power of Arts, Music, Dance and Films. It is such that I believe that the Entertainment Permit proposed, would allow all of the businesses in your region a chance to grow with and help enrich even more so the current culture of Santa Ana. We encourage and support this change, and will continue to promote Santa Ana's ever - growing culture. Thank you, Caylee So Director of Cambodia Town Film Festival 571.292.7145 75A -73 To our Council ti.0 i.} ' i s_54n4k�3 ; `Clit S 1 �.y The Restaurant Association would like to voice its support for the current CUP/Entertainment Permit that is before you for approval. we believe that, though nothing will ever be perfect for all, that the time and attention that has gone into this policy are at least our best chance to continue the progress and growth seen in our city compared to doing nothing. More importantly, right now our uncertainty and this "policy limbo" is leading to real and restaurants. our request is that we run it as a pilot program or ensure that in a year we have the ability to discuss and tweak it as the business community, city stakeholders and city government see fit. we would appreciate the lowest fees possible for entertainment permits as well as a drafted understanding of the revocation process of this permit. Please consider this when addressing the matter. All we can hope is that it is at least a positive step in the right direction. Jeffrey D. Hall Chair Santa Ana Restaurant Association 75A -74