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FULL PACKET_2014-04-01
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 18, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:15 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:14 p.m.) MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:32 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 101 MARCH 18, 2014 • David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266 • Marianne Murray v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7076855, ADJ583190, ADJ666649, ADJ7076683; ADJ8272088, ADJ8272435 • Jeanette Calhoun v. City of Santa Ana; Orange County Superior Court Case No. 30- 2013- 0064997 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Feebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477 2. PUBLIC EMPLOYEE — ANNUAL EVALUATION OF PERFORMANCE pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 1 OX-2 MARCH 18, 2014 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:57 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: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CRISTHIAN CRUZ, CHRISTIAN FLORES AND, CELESTE MARQUEZ; DAVIS ELEMENTARY SCHOOL RUBEN ESPONDA, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the following students who participated in the The Santa Ana Youth and Government Conference in Sacramento: Paula Alvarez, Zabdi Alvarez, David Delgado, Martha Delgado, Andrea Diaz, Ivan Enriquez, Adrian Ramirez, Mario Reyna, Aracely Ruvalcaba, Mike Solorio, Alfredo Torreblanca, Erika Torreblanca Bethany Urbano, Tsui Vasquez, Alexis Nava, Jonathan Vasquez and Elisa Hernandez; Advisors: Brian Leal, Ralph Martinez, Eliasar Molina and Vickie Troung. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana Police Department Police Explorer Jonathan Alaradejo for being selected as the #1 Explorer of his class. CITY COUNCIL MINUTES 1 OA-3 MARCH 18, 2014 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Dr. Ana Jimenez -Hami for being recognized by the Orange County Register as Everyday Hero of the Year and to Orange County Children's Therapeutic Arts Center for receiving a grant from the National Endowment for the Arts. CLOSED SESSION REPORT - City Attorney Carvalho reported that City Council approved the matters listed on the Consent Calendar under Agenda Item 19A. PUBLIC COMMENT • Steve Rocco, spoke on miscellaneous issues. • Peter Katz, spoke in support of Agenda Item 55B, thanked City Council for agendizing. • Zeke Hernandez, thanked City Council for considering Veteran's Cemetery (Agenda Item 55B). • George Estrada, commented on Agenda Item 55C, opined that City does not have jurisdiction over immigration laws. • John Raya, invited City Council to Amateur Boxing on March 22nd at Jerome Center at 1 p, M. • Matthew Southgate, representing United Artist of Santa Ana, congratulated SACReD in efforts on Strategic Plan; opined that arts and culture related requests have been replaced by entertainment. • Allen Baylis, spoke in support of staff's recommendation on Red Light Cameras (Agenda Item 29B); opined that extending yellow light will reduce accidents. • Zuleima Valera, representing SACReD, thanked staff for including Restorative Justice and look forward to implementation. • Paola Alvarez, spoke in support of Strategic Plan; pleased that Plan includes many of the elements requested including internships. • Adriana Moreno, executive director of Children's Health Initiative, worked collaboratively with organizations to create health and wellness programs. • Apolonio Cortes, pleased with elements included in Strategic Plan; Economic Development efforts should assist all residents; expand transportation and bicycle safety; thanked all for community participation. • Manuela Lopez, has attended many community meeting on Strategic Plan; request termination of contract with ICE and use of City Jail; thanked City Council for supporting DACA resolution. • Sarai Arpera, recognized staff and City Council for inclusionary process with community members on Strategic Plan. • Alexis Teodoro, member of RAZZ, concerned with deportation practices by surrounding communities; ICE detainers are not mandatory and urge the City Council to not partake in the program; had presented resolution for staff consideration on how to stop detainers. • Abraham Medina, spoke on in support of Restorative Justice Proposal; request participation in implementation. • Giovanna Miranda, spoke in opposition to contract with ICE. CITY COUNCIL MINUTES 1 OX-4 MARCH 18, 2014 • Carlos Perea, addressed issue of ICE contract. • Taina Lopez, Hermandad Mexicana, spoke in support of Agenda Item 55C. • Maria Rosa Lopez, urged City Council to stop deportation efforts; need immigration reform. • Alfredo Amezcua, pleased that Agenda Item 55C agendized; representing City well on issue; pleased with Strategic Plan; recommended measurable data /monitoring • Guadalupe Mata, Los Amigos of Santa Ana, spoke in support of Agenda Item 55C - protects families; • Bob Warner, represents contractor, spoke in support of Red Light Camera program; request continuance of matter for further discussion and evaluation of program. • Thomas Gordon, thanked the City Council for Strategic Plan, but concerned that Plan continued to be updated as late as yesterday. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25J as recommended by staff with the following modifications: • Mayor Pulido pulled Agenda Item 25J for separate discussion; • Councilmember Sarmiento pulled Agenda Item 29B for separate discussion; • Councilmember Martinez pulled Agenda Item 25H for separate discussion; • Councilmember Amezcua request continuance of Agenda Item 29A; and • Councilmember Reyna pulled Agenda Item 25B for separate discussion. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 1 OA-5 MARCH 18, 2014 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL MEETING OF FEBRUARY 22, 2014 - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF MARCH 4, 2014 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE JOSE L. TAPIA TO THE RECREATION AND PARKS BOARD BY COUNCILMEMBER ANGELICA AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint Jose L. Tapia, Ward 2 Resident, to the Recreation and Parks Board. (Replaces B. Bauer). 13B. NOMINATE LISANDRO OROZCO TO THE ARTS AND CULTURE COMMISSION BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint Lisandro Orozco, Ward 1 Resident, to the Arts and Culture Commission. 13C. COUNCIL COMMITTEE REPORTS - Planning and Building Agency MOTION: Receive and file Development and Transportation Special Meeting Minutes of December 5, 2013; December 12, 2013; and Regular Minutes of January 9, 2014. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CITY COUNCIL MINUTES 1 OX-6 MARCH 18, 2014 MOTION: Approve settlement agreements: • David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266; Settlement in the amount of $19,665 plus lifetime medical related to his injury (Sarmiento, Benavides and Pulido were absent during discussion). • Marianne Murray v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7076855, ADJ583190, ADJ666649, ADJ7076683; ADJ8272088, ADJ8272435; Compromise and Release in the amount of $493,489.00 (Sarmiento and Benavides absent during discussion of this matter) • AGMT NO. 2014 -068 - Jeanette Calhoun v. City of Santa Ana; Orange County Superior Court Case No. 30- 2013 - 0064997; Approved request to settle matter. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Feebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698; Council provided direction to staff. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State; Council provided direction to staff. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477; Council provided direction to staff. 19B. EXCUSED ABSENCES — None 19C. CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT - Planning and Building Agency MOTION: Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development (HCD). 19D. REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS - Community Development Agency MOTION: Authorize the Community Development Agency to release a Request for Proposals to qualified firms for the purchase and installation of Smart Meters to replace regular on- street meters in Downtown Santa Ana. CITY COUNCIL MINUTES 107 MARCH 18, 2014 BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -008 - TACTICAL BODY ARMOR VESTS (Police Department) - Finance & Management Services MOTION: Award a contract to Galls, LLC in an amount of $100,600, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 14 -011 - LOCKS, KEYS AND LOCKSMITH SERVICES - Finance & Management Services MOTION: Amend the contract with Civic Center Lock & Safe to increase the aggregate limit by $15,000 in an annual amount not to exceed $40,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 14 -015 - PAPER GOODS (Police Department) - Finance & Management Services MOTION: Amend the contract with Gale Supply Company to increase the aggregate limit by $3,100 in an annual amount not to exceed $28,100, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2014 -069 - CUSTODIAL SERVICES AND REPLACEMENT FIXTURES OF PARK RESTROOMS IN DISTRICTS THREE AND FOUR - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment, with Bell Building Maintenance Company to increase the agreement amount by $12,000 for a total amount not to exceed $88,389 and extend the agreement to May 31, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. ; PAGMT CITY COUNCIL MINUTES 2014 -070 - CONSOLIDATED MEMORANDUM OF DING WITH POLICE OFFICER'S ASSOCIATION (POA) WAGES AND OTHER TERMS AND CONDITIONS OF 1 OX-8 MARCH 18, 2014 Councilmember Reyna asked if this action would impact future negotiations. City Manager Cavazos indicated that all bargaining groups to negotiate contracts on same schedule. MOTION: Approve a consolidated Memorandum of Understanding with the Police Officers Association, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN ABSENT: 25C. AGMT NO. 2014 -071 Management Services SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) - MERCHANT PAYMENT SERVICES - Finance & MOTION: Authorize the City Manager and the Clerk of the Council to execute agreement with TransFirst LLC, approving compensation not to exceed $70,000 annually, for two one -year terms commencing October 1, 2013 and continuing through September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2014 -072 - JANITORIAL SERVICES AT CITY HALL, BRIDGE, ROSS ANNEX, CORPORATE YARD BUILDINGS, A. J. STORES, PUBLIC WORKS ADMINISTRATION, SANTA ANA POLICE ATHLETIC ACTIVITY LEAGUE FACILITY, AND CENTENNIAL TRAINING CENTER - Finance & Management Services MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment with Bell Building Maintenance, Inc. in an annual amount not to exceed $194,040 for a period ending June 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2014 -073 - INOVAH COMPUTERIZED CASHIERING SYSTEM MAINTENANCE AND PROGRAMMING- Finance & Management Services CITY COUNCIL MINUTES A OX-9 MARCH 18, 2014 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with System Innovators, a division of Harris Computer Corporation in an amount aggregate limit not to exceed $35,000 annually for a three year term for total contract amount of $105,000 extending through March 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2014 -074 - AMEND MASTER FUNDING AGREEMENT, C -1 -2783, FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Amendment No. 6 to the Master Funding Agreement with the Orange County Transportation Authority to change term to a period of five years, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2014 -075 - PROPANE FUELING STATION AT THE SANTA ANA CORPORATE YARD - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Arro Autogas, subject to non - substantive changes approved by the City Manager and City Attorney, to: 1. Provide and install propane fueling station equipment at the Santa Ana Corporate Yard, in an amount not to exceed $10,500; 2. Provide maintenance of the fueling station, in an amount not to exceed $4,950 annually, for a period of five years commencing with the City's written acceptance of the fueling facility; and, 3. Supply propane fuel in accordance with the agreement price proposal, also for a period of five years commencing with the City's written acceptance of the fueling facility. *Councilmember Sarmiento and Mayor Pulido abstained on Agenda Item 25H due to proximity to their business and left the dais during deliberation. 25H AGMT NO. 2014 -076 - PILOT PROGRAM FOR VALET PARKING SERVICES City Manager Cavazos highlighted pilot program. Council expressed unanimous support. CITY COUNCIL MINUTES 1 O A _A O MARCH 18, 2014 MOTION: Authorize the City Attorney to prepare and City Manager and Clerk of the Council to execute a license agreement with the selected vendor for a six -month pilot program, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) 251. AGMT NO. 2014 -077 - LOAN AGREEMENT FOR THE ACQUISITION AND REHABILITATION OF A MULTI - FAMILY PROPERTY LOCATED AT 940 MINNIE STREET - Community Development Agency 25J. MOTION: Authorize the City Manager or his designee and the Clerk of the Council to execute a loan agreement with 940 S. Minnie, LP in an amount not to exceed $1,422,000, subject to non - substantive changes approved by the City Manager and City Attorney. The Following speakers address the City Council on the matter: • Shawna Smith, spoke in support of the matter. • Gabriela Robles of St. Joseph Health spoke in support of the project. • Annette Walker of St. Joseph Health, financial support from non - profit organization. • Michael Harrah, of Caribou Industries, submitted proposal for consideration; recommend exterior of building be upgraded; suggest tabling matter for further consideration • Nancy Loughney, Director of Finance for Taller San Jose; expressed support of project. • John Raya, request Council set realistic goals and expectations for project and for all of those involved. o Cesar Covarrubias, representing the Kennedy Commission, supports proposed project. CITY COUNCIL MINUTES 1 o 1 -1 1 MARCH 18, 2014 Councilmember Benavides indicated that Request for Qualifications process discussed at Development and Transportation Council Committee with proposal review at the staff level; divided between social and business needs of the City and the two proposal submitted that would provide different services; asked about services to be provided by Taller San Jose. Councilmember Amezcua supports staff's recommendation. Councilmember Sarmiento thanked applicants for proposal, concerned with retrofit cost and investment needed to bring project forward; sees as public asset and return on investment. Representatives from St. Joseph and Taller San Jose responded that partnership with St. Joseph Health will allow them to leverage funds needed; fundraising has begun with $10 million pledge after tonight's approval; committed to project. Project would bring jobs to the City, wellness and fitness facility will directly impact the community; Wellness Center would be open to the public; restored to original purpose; and will request parking variance by the City as well as promote public transportation; would be willing to make exterior improvements within 120 days of approval. Councilmember Reyna, noted that YMCA develops skills and work by Taller San Jose has also provided services; supports project and serve our community. Representatives responded that Taller San Jose currently services 350 individuals, expect double or triple within short timeframe Mayor Pro Tern Tinajero asked about the process to consider non - profit organization. City Manager Cavazos noted that historic condition with be restored, parking accessible, and job creations were elements considered in recommending proposal. Mayor Pulido asked Mr. Harrah to describe the exterior renovations of his proposal. Would include broke glass, paint building, add lighting feature; expect $13 million in improvements; except exterior improvements to be completed within 180 days; his proposal also includes gym facility and open to the public. Offered $1 million to purchase building. St. Joseph Health representative indicated that exterior improvements will depend on historic restoration plans submitted; may City Attorney - point of clarification that reimbursement agreement will allow for hard money; exclusive agreement will come back to the city Council for approval; authority to negotiate is sought today; Taller San Jose could lease current facility out if they relocate to YMCA. City Manager clarified that both representatives were contacts and treated the same. CITY COUNCIL MINUTES 1 o -1 2 MARCH 18, 2014 Councilmember Martinez supports recommendation and thanked Taller San Jose and St. Joseph Health; will be community asset; changing people's lives will expand economic development; staff to consider including timeframe to improve the exterior in negotiations and allow gym to be open to the public. Mayor Pulido noted that other uses have been considered in the past. Add motion to consider allowing pool to be open to the public, as part of negotiations; as part of final negotiations, would like to include provisions that in the first 120- 180 days, the following work would be completed: Clean broken glass, add lighting features, paint outside of building, and clean up property. Concurrence by: Councilmembers Martinez and Sarmiento; would like to make sure that gym access, including the pool, is available for public access. MOTION: Authorize the City Manager and City Attorney to negotiate an Exclusive Negotiation Agreement on behalf of the City of Santa Ana with St. Joseph Health and Taller San Jose for the reuse of the YMCA building, and authorize the City Manager and City Attorney to negotiate, finalize and execute a Reimbursement Agreement with the parties in substantially the same form, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS - BUDGET 29A. SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) MOTION: Continue consideration of matter. MOTION: Amezcua VOTE: AYES SECOND: Martinez TO RENEW City Manager's Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 1 O �,3 -1 3 MARCH 18, 2014 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Sarmiento indicated that City has contractual obligation through June of 2015; supports staff recommendation. Mayor Pro Tern Tinajero, commented on heavy fines; need to educate community on how to prevent collisions. Councilmember Martinez thanked staff for placing on Agenda. Councilmember Amezcua supports staff's recommendation. MOTION: Direct staff to not exercise the available contract options with Redflex Traffic Systems for Automated Red Light Camera System and allow the contract to expire in June 2015. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 1 O ti4_A w MARCH 18, 2014 BUSINESS CALENDAR ITEMS RESOLUTIONS *Councilmember Sarmiento reported a Conflict of Interest on Agenda Item 55A due to a campaign contribution and left the dais during deliberation of this matter. 55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 TO ALLOW A CARE HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET — FARAMARZI FAMILY TRUST, APPLICANT - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1600 EAST FIRST STREET MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAINED Sarmiento(1) AND NOT PRESENT: ABSENT: None (0) 55B. ADOPT RESOLUTION TO CREATE NEW JOB CLASSIFICATIONS INCLUDING: DOWNTOWN DEVELOPMENT LIAISON, NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST AND CORRECTIONAL SERVICES OFFICER; PAY ADJUSTMENT FOR PART -TIME CLASSIFICATIONS; ALLOCATION OF STREET LIGHTING MAINTENANCE WORKER; REALLOCATION OF PUBLIC WORKS PROJECTS SPECIALIST; AND ADJUST COMPENSATION FOR SIX EXECUTIVE MANAGEMENT CLASSIFICATIONS - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82- 110AND 91- 066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CITY COUNCIL MINUTES 1 O A_A 5 MARCH 18, 2014 CLASSIFICATION AND COMPENSATION PLANS WHICH INCLUDES PROVIDING PAY INCREASES FOR SEVEN PART TIME TITLES, TO ENSURE COMPLIANCE WITH STATE MINIMUM WAGE LAW, AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEARS 2013 -2015. MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. CONSIDERATION OF RESOLUTION ENCOURAGING THE UNITED STATES CONGRESS AND PRESIDENT OBAMA TO SUPPORT COMPREHENSIVE FEDERAL IMMIGRATION REFORM TO EXPAND THE DEFERRED ACTION PROGRAM TO PROTECT FAMILIES IMPACTED BY DEPORTATION - City Attorney's Office MOTION: Adopt a resolution. RESOLUTION NO. 2014 -012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN ACCORDANCE WITH AND AS A COROLLARY TO SANTA ANA RESOLUTION NO. 2013 -023 EXPRESSING SUPPORT FOR COMPREHENSIVE FEDERAL IMMIGRATION REFORM AND URGING THE 113TH CONGRESS TO ENACT REFORMS THAT SECURE OUR BORDERS, ENSURE ECONOMIC STRENGTH AND PROMOTE STRONGER COMMUNITIES, NOW FURTHER URGING PRESIDENT OBAMA AND THE FEDERAL GOVERNMENT TO PROTECT OUR FAMILIES FROM DESTRUCTIVE AND NEEDLESS IMMIGRATION DEPORTATIONS BY SEEKING LEGISLATION TO EXPAND THE SUCCESSFUL DEFERRED ACTION PROGRAM TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 1 O A _A 6 MARCH 18, 2014 ABSENT: None (0) 55D. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE PASSAGE OF ASSEMBLY BILL 1453 AND THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS' CEMETERY MOTION: Adopt a resolution. RESOLUTION NO. 2014 -013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, IN SUPPORT OF ASSEMBLY BILL 1453 AND THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS CEMETERY MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. REVIEW AND ADOPTION OF THE FIVE -YEAR STRATEGIC PLAN (FY2014- 15 THRU FY 2018 -19) Councilmember Martinez proposed that Active Transportation fund a Coordinator position to lead Circulation Element, Safety Training through Police Department; additional four (4) Code Enforcement Officers to help with commercial and residential community concerns; Create city scholarship for sport participation; commitment to deferred maintenance and internship programs; request more accountability which is separated by policy, program, and plans; fiscal impacts for programs; Active transportation- would like to have a CicLAvia type event in Santa Ana- would like to have a "Sunday on Main Street" in South Main Street (15t and Main to Edinger) - event would close the street and then have people the opportunity to bike, walk and shop through this corridor; ICE language to be addressed to meet the commitment of the community. Direct City Attorney to provide language to this effect; matter to return in a year. CITY COUNCIL MINUTES 1 O A-1 7 MARCH 18, 2014 City Manager indicated that jail obligations have expanded to outside contracts, cost recovery and working with labor; when economically feasible will consider contract; currently operating in $3 -4 million deficit, result in City falling further behind on obligations. Councilmember Martinez, City Council to consider how the City chooses sites specifically designed for youth sports programs because currently they are not equitable to all residents. As alternative perhaps having a scholarship voucher program would meet the needs of more youth. This would be able to go to non- profits and other groups, not just certain facilities; community centers /parks to be renovated and a higher commitment to this type of deferred maintenance. Councilmember Amezcua reminded all that Plan is a living document that may be updated in the future; would like to see the final version with the concept changes Councilmember Martinez requested. Councilmember Reyna request timelines and benchmarks to be included in Plan; and ensure that departments continue to provide core services; supports CDBG funds to be directed to non - profits; would like to have programs for tracks and field, soccer, etc., which allow services to be available to a larger amount of youth. Councilmember Benavides noted that Plan is setting course for moving City in the right direction; on page 16 - community safety item 6F, re -entry programs, there should be mention of the business community as an addition to the list of resources; concurred with Councilmember Martinez on CicLAvia concept. Councilmember Sarmiento thanked staff and colleagues for participation; supports Councilmember Martinez on scholarship program and request Parks Director incorporate soccer; Plan was collaboration from many groups and residents. Mayor Pro Tem Tinajero reflected on community meetings in which priorities of the community provided and have been incorporated in Plan; congratulated Councilmember Martinez for her perseverance and foresight to bring forth Strategic Plan. City Manager Cavazos noted that traffic safety coordinator may be accomplished with reallocation; CDBG funding for Code Enforcement Officers and timeline and benchmarks will be incorporated into Plan; also, $500,000 identified for youth programs and $150,000 for sports scholarship. Councilmember Reyna request to be part of discussion on program criteria. Councilmember Martinez noted that only 8 facilities identified in Plan, but City has 29 parks and facilities; must be equitable to all sports and sites. CITY COUNCIL MINUTES 1 OA-1 8 MARCH 18, 2014 Mayor Pulido suggests non - profits join in efforts to leverage funds; combine efforts such as kids teach kids; balanced approach. The following comments and recommendations: Strategic Plan: • Develop an active transportation pilot event (i.e. Sunday on Main Street) • Develop a youth sports scholarship program • Develop timelines, performance measures and benchmarks • Addition of "business community" to Community Safety, Objective 6, Strategy f Budget Items: • Hire an Active Transportation Coordinator within the Public Works Agency • Seek funding to add 4 additional Code Enforcement Officers (CDBG) • Seek future funding for deferred maintenance of parks and community centers • Review the feasibility of eliminating Jail contracts in the next 12 months MOTION: Adopt the Five -Year Strategic Plan (FY2014 -15 thru FY 2018 -19). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. AMENDMENT APPLICATION NO. 2013 -04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH STREET — URBAN LAND, LLC, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on February 24, 2014 by a vote of 6 -0 (Gartner absent). CITY COUNCIL MINUTES 1 O A_A 9 MARCH 18, 2014 Legal Notice published in the Orange County Reporter and notices mailed on March 7, 2014. Staff report presented by Acting Planning and Building Executive Director Karen Haluza Project Background • Planning Commission recommended approval on Sept. 23, 2013. • City Council adopted first reading of the ordinance approving the project on Nov. 4, 2013. • Following first reading the City received a letter questioning the adequacy of the environmental review. • Staff conducted additional analysis and prepared a Negative Declaration, which identified no significant impacts. • Planning Commission again recommended approval on Feb. 24, 2014. Project Description • Allows for the construction of a 28 -unit small -lot detached, for -sale residential community. • Brings property into consistency with General Plan designation of Low Medium Density Residential (LMR -11). • Improves street frontage by providing a new sidewalk and tree -lined parkway. • Provides for -sale housing opportunities for low -to- moderate income households. Site Plan Sample Elevations 4 At A a rt � 1 J �a CITY COUNCIL MINUTES 1 OA -n0 MARCH 18, 2014 i 1�4 ` Recommended City Council Action • Approve and adopt Negative Declaration, Environmental Review No. 2013- 14 • Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. • Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. • Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. Mayor Pulido opened the Public Hearing. Ralph Nicholas of P3 Service spoke on the matter. The Mayor closed the Hearing. Council discussion ensued. City Council clarified size of lots. MOTION: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -04. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2859 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY 3. Adopt a resolution. RESOLUTION NO. 2014 -014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2013 -04, APPROVING TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AS CONDITIONED, AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET MOTION: Tinajero SECOND: Sarmiento" CITY COUNCIL MINUTES 1 OA-21 MARCH 18, 2014 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) *Councilmember Sarmiento seconded the motion, but stepped out of the room when vote casted. Councilmember Reyna was absent during discussion of Agenda Item 75A. 75B. ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA - APPLICANT - Planning and Building Agency Planning Commission approved recommended action on February 24, 2014 by a vote of 6 -0 (Gartner absent). Legal Notice published in the Orange County Reporter on March 7, 2014. Staff report presented by Acting Planning and Building Executive Director Karen Haluza Regional Commercial Centers & Attractions Planned Sign Programs Ordinance Background • Need identified for more flexible signage programs for large centers and attractions. • First draft of ordinance recommended for approval by Planning Commission on Sept. 23, 2013. • Development and Transportation Council Committee reviewed draft ordinance and provided feedback regarding digital signs on Nov. 7, 2013. • Planning Commission study session on Feb. 10, 2014. • Revised ordinance recommended for approval by Planning Commission on Feb. 24, 2014. Planned Sign Program Features • Establishes new definitions for: • Regional Commercial Centers • Regional Automobile Dealerships • Regional Attractions • Allows businesses to design custom sign programs to fit their unique identification needs. • Requires review and approval by the Planning Commission. CITY COUNCIL MINUTES 1 OX-22 MARCH 18, 2014 • Includes standards for electronic message displays. Planned Sign Program Features • Establishes new definitions for: • Regional Commercial Centers • Regional Automobile Dealerships • Regional Attractions • Allows businesses to design custom sign programs to fit their unique identification needs. • Requires review and approval by the Planning Commission. • Includes standards for electronic message displays to ensure safety and avoid neighborhood impacts. Examples of Sites • Discovery Science Center • Westfield Main Place • Brookhollow • Santa Ana Auto Mall • McFadden Place • Santa Ana Zoo • Kia Depot • Hutton Center Recommended City Council Action • Modify Section e) 1. to delete maximum number of signs along freeway frontage. • Modify Section e) 3. A. to read as follows: Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. • Adopt a resolution approving ZOA No. 2013 -2 Mayor Pulido opened the Public Hearing. Gregg Berwin representing Westfield Mall spoke on the matter. The Mayor closed the Hearing. Council discussion ensued. Councilmember Benavides, would like to have language that requires quantity of public service announcement time required of digital sign applicants. Councilmember Reyna, Amend Zoning Ordinance related to sign program, concurred with Councilmember Benavides on requiring specific time language in the ordinance. MOTION: Continue consideration of matter. MOTION VOTE: Tinajero SECOND: Martinez AYES: Amezcua, Benavides, Martinez, Pulido, CITY COUNCIL MINUTES 10.4-23 MARCH 18, 2014 Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) WORK STUDY SESSION WSA. CITY OF SANTA ANA TRAFFIC SAFETY PROGRAM — 2014 — Public Works Agency Mayor Pro Tern Tinajero, motion to continue matter to following meeting. Councilmember Martinez objected; noted importance of matter and need to provide direction to staff; request Council vote. Mayor Pulido request staff provides alternatives to making study sessions more effective. MOTION: Continue consideration of matter. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento, Tinajero (6) Martinez (1) None (0) None (0) COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Pulido, Reyna, Councilmember Amezcua: Invited all to attend the Plaza Primavera event on Saturday, March 22nd at 4 p.m.; and CITY COUNCIL MINUTES 1 OA-24 MARCH 18, 2014 • Reminded all that deadline to apply for Affordable Care fast approaching. Councilmember Reyna: • Urged all to conserve water; and • Shop in Santa Ana! Councilmember Benavides: • Encouraged all to shop in Santa Ana — Westfield Mall continues to expand with additional restaurants recently added; • New restaurant in area called Civic Cafe, support local businesses. Councilmember Martinez: • Concerned that Traffic Study matter continued — important for Mayor to review Agenda and allow ample time to discuss all matters; • Lowell Pio Pico Neighborhood Meeting - would like staff to start the process /report to create a task force of both city and county staff to address truck vendor issues. Need to work with the county to identify the best approach and remedy issue. Councilmember Sarmiento: • Request Orange County Fire Authority Battalion Chief discuss recent incident by OCFA firefighters. o Chief Espinoza apologized for incidents by a few firefighters who developed a t -shirt that lacked good judgment; not a reflection of professionalism of rest of firefighters. Mayor Pulido: • Adjourn in memory of Lee Hernandez, brother of Zeke Hernandez. ADJOURNED- 10:22P.M. - The next meeting of the City Council is scheduled for Tuesday, April 1, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Lee Hernandez Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Harbor Blvd. Mixed -Use Plan • Sunshine Ordinance Solar Permit Fee Waiver • Dangerous and Abandoned Buildings Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 1 OA-25 MARCH 18, 2014 1 OA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: ORDINANCE SECOND READING: AN ORDINANCE REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) CITY MANA R RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On March 18, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5 -0 (Sarmiento, Reyna absent): ORDINANCE NO. NS -2859 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) 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 -2859 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 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) 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 -04 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 4226 -4306 West Fifth Street from General Agricultural (Al) to Specific Development No. 86 (SD -86). The Specific Development No. 86 zoning district (SD -86) would allow a 28 -unit, single - family development built at a gross density of 10.5 dwelling units per acre. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on September 23, 2013, on Amendment Application No. 2013 -04 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -04, which is consistent with the General Plan. C. On November 4, 2013, the City Council approved an ordinance for this project on its first reading. However, on December 2, 2013, prior to the second reading for the project, the project was continued by the City Council in order to allow staff the ability to conduct additional analysis on the potential impacts to the environment. D. After further CEQA review, the project was returned to the Planning Commission for another duly noticed public hearing on February 24, 2014, on Amendment Application No. 2013 -04 and the Planning Commission again decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -04, which is consistent with the General Plan. E. This Council, prior to taking action on this ordinance, held another duly noticed public hearing on March 18, 2014. 11 A -3 F. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 accompanying this matter. G. For these reasons, and each of them, Amendment Application No. 2013 -04 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. Section 2. In accordance with the California Environmental Quality Act, the recommended actions have been reviewed through a Negative Declaration (ND), Environmental Review No. 2013 -04. Section 15063 of the State CEQA Guidelines and Sections 15070 through 15075 of Article 6 guide the process for the preparation of a negative declaration. As a result of the environmental analysis, no potential environmental impacts were identified for this project. All of the resource topics identified in the negative declaration were found to result in either no impact or would result in a less than significant impact. Therefore, no mitigation measures are required. 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 4226 -4306 West Fifth Street in Santa Ana is hereby reclassified from General Agricultural (Al) to Specific Development No. 86 (SD -86). 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. 86 (SD -86), 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. 11 A -4 ADOPTED this _ day of , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: 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 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 X UU F DO 2 �Ws O Ma T WESTMINSTER AV J1117111� RS IL "`rte _ 3 ®III U x a R1 i I W ■�pR� RI xOL Ivnf n0. 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Mi IA' _ _ R r.'Rt d5 l9µr[q 3 3R4'.iFV— 4 4d R1 R R1 4 4 _$ r Wxf_ V Y Ycp ■ ■ RI I I■ R1 O OnxElAlo,v R R1 � �n4 R RI I R R1 x xauruxe R R1 R1 a i F I„ k R1 RI m R1 'g R1 R1 ELESre 4 i R1 _ Rt xmaow 11111 I — nv RS 11111 = __ Mx00 pv RI Lill [ R] MITI °R1 F PH RU TITIT 11111■11111 _ ms¢ R3 IN 0.t D Rt R1 , �' aCVEaoa — xsr __ a 0.1 �j RI o o�n R1 a Rt srx IT R1 AI "® TL .W sexsr. � RS srx sr R1 11 IT 0 1 yi s R2 RS RS J m D O DO D Q wnswxcrorv,v ti r� Al Al RL'RL� Al '■ ■■ a saosT R1 €� 0 DO o I G J m imiPut MINIMS 1ST ST .197$7, SECTIONAL DISTRICT DISTRICT MAP 9 -5 IS scuE Iu sEEr ■ ■ ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20,1959 BY ORDINANCE NS 381 fib MINIMUMFRONT E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT BOW MINIMUM nor ueEn -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT mmsM,Pls mE VFrlclusxcnaxu C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE msTwmumar TxxMtt OE iwrnuM. IIA C1-0MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE ox uwomreoeratt cauxrn xo.rum.DnTEO U.ISn.I C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLEFAMILY RESIDENCE xEAE]r arrESrmwr HI.W. SA 'RUE vaouul EECnowumsrwcr CJ CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT Exo.xsra C3-A CENTRAL BUSINESS- ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIALESTATE syxm CA PLANNED SHOPPING CENTER -02 OVERLAY ZONE SO SPECIFIC DEVELOPMENT mTMV MM C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN cux °rvlxcsa"Eiiwwv.wwc CR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT Mav e.2am SECTIC)NYkL DISTRICT AfIYkP 9-5-10 PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 5&W SECTIONAL DISTRICT DISTRICT MAP 9 -5 IS scuE Iu sEEr ■ ■ ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20,1959 BY ORDINANCE NS 381 fib MINIMUMFRONT E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT BOW MINIMUM nor ueEn -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT mmsM,Pls mE VFrlclusxcnaxu C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE msTwmumar TxxMtt OE iwrnuM. IIA C1-0MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE ox uwomreoeratt cauxrn xo.rum.DnTEO U.ISn.I C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLEFAMILY RESIDENCE xEAE]r arrESrmwr HI.W. SA 'RUE vaouul EECnowumsrwcr CJ CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT Exo.xsra C3-A CENTRAL BUSINESS- ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIALESTATE syxm CA PLANNED SHOPPING CENTER -02 OVERLAY ZONE SO SPECIFIC DEVELOPMENT mTMV MM C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN cux °rvlxcsa"Eiiwwv.wwc CR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT Mav e.2am SECTIC)NYkL DISTRICT AfIYkP 9-5-10 PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 5&W SECTIC)NYkL DISTRICT AfIYkP 9-5-10 PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 5&W REVISED 5&W 11 A -8 Specific Development District (SD -86) TABLE OF CONTENTS SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. Applicability of Ordinance Purpose Permitted Uses Conditionally Permitted Uses Development Standards 1. Building Height 2. Front Yard 3. Side Yard 4. Rear Yard 5. Parking 6. Walls and Fences SECTION 6. Development Standards for Common Areas SECTION 7. Building Separation SECTION 8. Landscape Standards 1. Front yard 2. Project perimeter walls 3. Irrigation systems 4. Screening 5. Maintenance Exhibit "B" 11 A -9 SPECIFIC DEVELOPMENT PLAN NO. 86 FIFTH AND NEWHOPE DETACHED HOMES SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development Zoning District No. 86 for Fifth and Newhope Detached Homes is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 86 contains the specific standards and regulations contained in the R1 and /or R2 residential 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. 86 for Fifth and Newhope Detached Homes 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 for the planned residential development. SECTION 3 PERMITTED USES The following uses are permitted in the SD -86 district: 1. One - family dwellings. 2. One temporary real estate office devoted to the sale of real estate in the tract in which it is located. 3. Child care facilities providing care to not more than eight (8) children. SECTION 4 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a Conditional Use Permit in accordance with the Santa Ana Municipal Code: 1. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 2 11A -10 SECTION 5 DEVELOPMENT STANDARDS 1. Building Height No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. 2. Front Yard There shall be a front yard of not less than ten (10) feet from the street. Porches may encroach into the front yard a maximum of five (5) feet. 3. Side Yard Each side yard shall be not less than ten (10) feet. 4. Rear Yard There shall be a rear yard of not less than seven (7) feet. Such rear yard may be reduced to not less than five (5) feet for open patio covers for Unit 21 thru 28. 5. Parking The minimum off - street parking requirements for Units 1 through 20 are two parking spaces per unit within an enclosed garage. Units 21 through 28 are two parking spaces in an enclosed garage plus two tandem spaces in a driveway. In addition to the minimum requirements, a total of 15 guest parking spaces shall be provided. 6. Walls and Fences Walls and fences shall be installed pursuant to Section 41 -610 of the SAMC, except that walls and fences shall be constructed of a decorative block and /or split face block or equivalent and shall have decorative pilasters and caps. Front yard fences shall not exceed thirty (30) inches in height. Front yard fence material and design shall complement the architectural style and shall be installed by the developer and maintained by the Home Owner Association. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS Homes in the SD No. 86 district shall comply with the following standards: All improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities for the entire development. 11A -11 2. The passive recreation area /pocket park between Unit 25 and 26 shall be a minimum of 4,876 square feet in size and shall incorporate tables, seating and a shade structure. The color and appearance of the furniture products and other elements must complement the overall architecture design and material. Benches and seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 3. Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. 4. Driveways shall lead to a garage and not exceed the width of such garage. There shall be no parking of vehicles in the front yard except in such driveways. SECTION 7 BUILDING SEPARATION 1. The building separation between structures shall be at least ten (10) feet for Units 1 through 20. 2. The building separation between structures shall be at least eight (8) feet for Units 21 through 28. SECTION 8 LANDSCAPE STANDARDS In the SD No. 86 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: 1. Front yard a. One 24 -inch box canopy trees per unit. b. One additional tree species for up to five dwelling units and an additional tree species for each increment of five units. c. Six five - gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as a foundation planting. d. 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. 4 11A -12 2. Project perimeter walls a. Flowering vines shall be provided and secured to a decorative masonry wall material. b. The vines shall be five- gallon size and be planted at a maximum 20 -foot interval. They shall be secured to the walls with eye hooks and wire. c. Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. 3. Irrigation systems a. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. b. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 4. Screening a. 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 residential structure. b. Any enclosed structure for utilities must not encroach into any required setback. 5. Maintenance a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code. AN \Specific Developments \SD No.86 5 11A -13 11A -14 0, WOM11 kOTRMI, ' i CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: CONTRACT AWARD TO TREE PROS, INC. FOR CIVIC CENTER TREE PRUNING (SPEC. NO. 14 -006) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r--:• e ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Tree Pros, Inc. for tree pruning at the Civic Center complex in the amount not to exceed $55,425; subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency maintains 1,053 trees in the Civic Center. This service contract will provide an annual Class 1 pruning to maintain the health of the trees and enhance safety for Civic Center visitors. The notice inviting bids was advertised on February 3, 2014 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 9 Vendors were notified 8 Vendors downloaded the bid packet 0 Received from Santa Ana Vendors 5 Bids received Bids were opened on March 3, 2014 and evaluated. The bid received from Tree Pros, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, an additional $10,000 contingency has been included in the award amount. FISCAL IMPACT Funds are available in the Civic Center Regular Maintenance account (no.07413250- 62320). ,om Ger rdo Mouet Exe utive Director Parks, Rec. & Comm. Svcs Agency APPROVED �AS T�O1^\` FUNDS �� AND ACCOUNTS: PP Francisco Gutierrez t1K lixeWtive Director 22ce & Management Services Agency Contract Award for Tree Pruning April 1, 2014 Page 2 ABSTRACT OF BIDS CONTRACT AWARD FOR SANTA ANA CIVIC CENTER TREE PRUNING (1 VENDOR TREE PROS, INC GSTP LOCATION CHINO PLACENTCIA TERM NET 30 DAYS NET 30 DAYS OFFER $45,425. $48,000. CONTINGENCY $10,000. NET 30 DAYS TOTAL $ 55,425. $94,826. VENDOR WEST COAST PROCARE TREE ARBORIST, INC SERVICE LOCATION ANAHEIM SIGNAL HILL TERM NET 30 DAYS NET 30 DAYS OFFER $68,830. $94,826. AWARD TO: TREE PROS, INC. $55,425. Exhibit 1 22A -2 INTERNATIONAL ENVIRONMENTAL CORP. PANORAMA CITY NET 30 DAYS $52,240. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: AGREEMENT WITH Al PARTY FOR RENTAL AND INSTALLATION OF EQUIPMENT FOR CINCO DE MAYO EVENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:• _9 ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Al Party for the rental and installation of equipment for the Cinco de Mayo event in the amount of $42,890.60, which includes a 10% contingency, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Cinco de Mayo event has been a positive attraction for the downtown businesses and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games over three days. The 15th Annual Cinco de Mayo Festival will take place on May 2 — May 4, 2014. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host the Cinco de Mayo and act as Event Manager this year. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. The decision to not provide this responsibility to a promoter company and accomplish this undertaking by the City was finalized earlier this year. In the short time period that is available, City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into an agreement with Al party to provide rental and installation of equipment for the event. The equipment to be rented will include items such as: Canopies for vendor booths, food booths; sinks; fences; restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening and set up by 7:00 a.m. Saturday Morning. Cleanup of the equipment will occur Sunday evening and completely cleared by 6:00 a.m. Monday morning. Selection of this company was made after soliciting pricing from various companies that have provided similar 25A -1 Agreement with Al Party for Rental Equipment April 1, 2014 Page 2 the past. Al Party was selected as a result of pricing as well as prior experience of providing these services for past Cinco de Mayo events. FISCAL IMPACT Funds are available in the Recreation Community Services Contract Services - Professional account (no. 01113230 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A -2 AGREEMENT WITH At PARTY RENTALS FOR THIS AGREEMENT, made and entered into this I" day of April, 2014 by and between Al Party Rental (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for special events such as the Cinco de Mayo event that the City is hosting ( "Event "). 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 this 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 provide, install, set -up, maintain and remove rental equipment at 01 Street and 5U' Street and Broadway Avenue for the Event. Equipment to be provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies, lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with fumiture, as set forth in Exhibit A to this Agreement (the "Equipment "). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment /services to be provided and requiring an estimate from Contractor as to the cost of such additional equipment/services. Contractor shall deliver the Equipment on Friday, May 2, 2014, and set up by 7:00 AM Saturday, May 3, 2014. Contractor will clean up and remove the Equipment Sunday evening and have it completely removed and cleaned up by 6:OOAM, Monday, May 5, 2014. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract award for such services pursuant to the Contractor's Proposal shall not exceed Forty Two Thousand Eight Hundred Ninety Dollars and Sixty Cents ($42,890.60). This includes a ten percent (10 %) contingency for additional 25A -3 equipment/services as estimated by Contractor and approved by the Executive Director in writing as set forth in Section 1, above. b. Payment 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. UNEVOWILTA-1 This Agreement shall commence on the date first written above and tenninate on May 31, 2014, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit S upon execution of this Agreement and shall be approved in form by the City Attorney. 25A -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d, The following requirements apply to the insurance to be provided by Contractor pursuant to this section; (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination.. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect 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. 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 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 affects arising from this Agreement. 25A -5 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsirnile (714) 647 -6956 With copies to: and Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Al Party Rentals 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ FAX: (626) 967 -7572 25A -6 A party may change its address by giving notice in writing to the other party. I£ sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mill 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 maybe 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25A -7 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By; , ,f Lisa glorck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: Title: Tax ID# 25A -9 T Status: Reservation Contract #: 9518 GE1 ®EBRATE WITH STYLE 251 E P14ONT STREET P 866.217.2789 Evant Beg: Fri 5l2 /2014 7:OOPM COVINA, OA 91723 Event End: Sun5/412014 8:0013M A1IPAFITYRrNTAL,00M F 626.967.7572 Operator: Herrera,Valorie CITY OF SANTA ANA PARKS & REC 714. 571.4258 Phone Job Descr: SANTA ANA MAY EVENT Ordered By: . Items Rented Salesman: RENE MARTINEZ Deliveryand Pickup Delivery : Fri 5/2/2014 8:OOPM Contact: MIKE MCCOY Pickup Data: Sun 5/ 4/2014 8:OOPM Phone: Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY; SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/2 7PM MUST BE READY BY 7AM PICK UP: SUN 5/4 BE THERE AT 8PM 22 NOTE: NEED TO TAKE THE MULE $75.00 - CUSTOMER IS RESPONSIBLE FOR ALL NECCESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER Qty Items Rented Eactr VENDOR BOOTHS 22 CANOPY, 10'X10'PAGODAGRE1WHT .475.00 $1,650.80 >>> 22.10'X 10'X V GREEN &WHITE PAGODAS «< 22 CANOPY, 10'X1O'PAGODAREDNVHT $75.00 $1,650.00 »>22- 19X 10 %8' RED & WHITE PAGODAS <<< .... 23- - . , ..... - CANOPY, 10'X10'PAGODAWHT .,... -. " $75. 0 '.,: - . x;$9,725,04 - 23.10'X10'WHITE PAGODAS - MUST BE INSTALLED ONLEVEL•GROUND.: 132 CANOPY, BASE STEEL $0.00 $0.00 - 35 SIDEWALL, B'X10'WHITE - C - - - " - MOO - -f $175.00 1 SIDEWALL, 8'X20'WHITE $39.60 $39.60 BOOTH #27 1 SIDEWALL, 8'X10 WHITE $1980: $19.Sd, ,... -. BOOTH #27 - .. .. .. 1 SIDEWALL,8'X10'CLEARWINDCW $33.00 .. $33.00 BOOTH #27 `..- 88 TABLE, 8' X 30 , . �' ,'.:: - - .. $700 ..: ,,., $616.OQ - - BOOTH #21,22,27 HAVE 3 TABLES EACH ..MUST BE INSTALLED ON LEVEL GROUND. 164 CHAIR, SAMS IVORY $0.90 $147.60 MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS - 30 LIGHT, 200W OATS $285.00 75 LIGHT, STRING FESTIVAL. YELLOW $7,50 $562.50 15 -- STRINGS -. 10 ELEC CORD 50... - - -. $0.00 - . ; $0;00 15 GREEN CORDS $090 $0.00 FOOD BOOTHS 9 CANOPY, 10'XIO'PAGODAWHT $75.00 $675.00 >>> 9• -1 O'X 10'X 8' «< MUST BE INSTALLED ON LEVEL GROUND. 9 CANOPY, 10-X10-WHITE REGULAR $75.00 L:'. $075.gd »a9 - -. 10'X IOX 8'<<< MUST BE INSTALLED ON LEVEL GROUND. 58 CANOPY, BASE STEEL $0.00 $0.00 .80- FENCE,PICKF_T 3XVWHITE - ' -' -- $lago ' $sou.od 160 DRAPERY, T UPRIGHT $0.00 $0.00 1:60 - CANOPY, BASE STEEL - _ '-$0.00 $0.0d ay Nla(L11ad00r19 G Printed On Frl 3/ 712014 9:06AM Seflware ty Point of-B,t:6Arvay.©e renlaLcorn M d` Contract-Pararrupt (1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Page 2 of 4 Qty Items Rented _ - - Eac - - - Price 28 LIGHT, 20OW ORTS $7,60 $2107 17 ELEC, M AMP. OUTLET $35.00 $595.00 9 SIDEWALL, 6'X20' WHITE PTM TARP $0.00 $0.00 FOR FOOD BOOTHS HOT & COLD SINKS 500 FENCE,CHAIN LINK 6'H X 10'W $1.50 $750.00 >>> 500'FENCE FCR MAIN STAGE- FREE STANDING FENCE <<< INSTALL FENCE AT 4 AM . 85 SAND BAGS $1.50 $127ZO 25 SIDEWALL, 6'X20'WHITE PTM TARP $20.00 $500.00 >>> SCREENING FOR FENCE <<< >>> 500' OF6' HIGH PTM TARPS <<< . 1. RESTROOMSERVICE SATURDAY - $400,00 .- $400.00 3 SPECIALTY SINK HOT &COLD $500.00 $1,500.00 >>> 3,3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED <<< 27 SPECIALTYTOILET .$70.00 $1,890.00 4 SPECIALTY TOILET ADA $125.00 $500.00 7 SPECIALTY SINK COLD - - $52.00 $384.00 >>> 7 - TWO STATION COLD SINK <<< - ( 17@ 4TH & SPURGEN FOR SIERRA MIST) 4 SPECIALTY SINK HOT &COLD $255.00 $1,020.00 »> 4- HOT & COLD SINKS <<< '. 6 CANOPY, 10'X10'WHITE REGULAR - - - - - - .. $75.00 $450.00 >>>8. 10'X20'X8 'OVER HOTJCOLD SINKS - MUSTBEINSTALLEDONLEVELGROUND, 18 CANOPY, BASE STEEL $GAO $0.00 -186 SIDEWAL:L,B'WHITE ... .. .' -. $1.00 - - >>> 6 -30' SECTIONS 3 LIGHT, HI BAYS 400WATT $15.00 $45.00 CANS, TRASH WITH LINER32 GALLON "0.85 $78.80 SUPPPORT 3 OREASE.BARRELS - _ .: 4 SIDEWALL, 8'X10' WHITE PTM TARP $12.50 $550J)o >>> FOR UNDER GREASE BARRELS <<< MAIN STAGE 7 TABLE, ROUND 30" $6.50 $59.50 MUST BE INSTALLED ON LEVEL GROUND. T TABLE, CKTL,42 "' LEG ...:.. .. .. $2.50 - $17.56 3 R50,120-1 GARDEN $14.50 $43.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 3 1 KELLY,,120 GARDEN ._. WHITE, 120" GARDEN $1450 $14.50 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 21 CHAI R, BARSTOOL, BLACK SWIVAL' - - "" $900 $189:OI} 2 COOLERS, IGLOO 150 QT. $15.00 $30.00 - 2 FAN, 30' PEDESTAL ,... - -... _: $90.00 -: '. $60.00 8 TABLE, 8'X30". .. $0.00 . ...- $36.00 MUST BE INSTALLED ON LEVEL GROUND. 2 RED, 8' TABLEORAPE ' - $19.00 . $38.06 2 KELLY,& TABLEDRAPE $19.00 $38.00 2 WHITE, 8'TABLEDRAPE - - -$19AO $38.00 800 ASTRO TURF, BLACK SQ. FT. $0.38 $304.00 >>> 20'X40' «< DRESSING ROOMS 3 CANOPY, 10'X1 G'WHITE REGULAR $60.00 $180.00 >>> 1 - 10 %30'X 8'W/4 WALLS <<< MUST BE INSTALLED ON LEVEL GROUND. 6 CANOPY, BASE STEEL $2.00 $12.00 8D SIDEWALL,VWHITE $0.50 $40.00 >>>4- 20'SEC71ONS« < _ 0 LIGHT, PAR -CAN 46 BLACK 20OW - $15.00 - - $00.00 6 PAR -CAN COLOR JELL $0.00 $0.00 PEACH JELLS Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a -3:00p � � Printed On FN al 7/20149:09AM Software by Polnt -of- t Int- af- ronWl.com Modification # 2 Conlrect- Perama.rpt(1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Page 3 of 4 Qty Items Rented EacIr Price 20 TABLE, 6'X 30" $6.00 $120.OQ 4 $PECIALTY TOILET $70.00 $280.00 2 SPECIALTY PARTY EQUIP - - - $52,00 $104.OQ 2� TWO STATIONHANDWASHING SINK 60 CHAIR, SAMS WHITE $0.90 $54.00 >>> STAGE AREA «« MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3 MIRROR; WARDROBE NATURAL WOOD ELECTRICAL / POWER 1 GENERATOR, 125KVA SILENT $000.00 $600,00 1 GENERATOR,70KVA PH SILENT $000,00 $600.00 1 SPECIALTY PARTY EQUIP - - - $600.00 $600.00 >>> 1 -70KVA GENTS <<< 1 SPECIALTY GENERATOR $450.00 $450.00 »» 45 KVA FOR BEER GARDEN «« 1 ELECTRICAL DISTRIBUTION. SYSTEM $3,600.00 - $3,600.00 >>> 125.20 AMP OUTLETS <<< >>> STAGE POWER HOOKUPS «< »> 40 AM PS PER FCOD BOOTH <<< . 100 CABLE RAMP $10.00 $1,000.00 16 SPECIALTY PARTY EQUIP - - - - $25.00 $400.00 »> 16.- HEADSETS W/WALKIE TALKIES & BATTERIES - 4 LABOR $700.00 $2,800.00 >>>(2) Al MEN SAT 6AM - 9PM NEED MULE «< »>(2) Al MEN SUN 8AM - 8PM NEED MULE <e< Al USE 80 FENCE,CHAIN LINKTH X 10'W $1,00 $80.00 >>> 80' OF O' HIGH FENCE <<< CHECK IN 1 CANOPY, 10'X1O'PAGODAWHT $60,00 $60,00 >>> 101XI ON& «< MUST BE INSTALLED ON LEVEL GROUND, ..A CANOPY, BASE STEEL ..._ - .... $0.00 1 _... -.$0DQ Reading Put:, 1207 _ .. 1 TABLE, 8'X 30" .: $6.00. MUST BE INSTALLED ON LEVEL GROUND, 4 CHAIR, -SAMS IVORY ' $0.90; ,.. -: ' $3.60 MUST BE INSTALLED ON LEVEL GROUND, - _ - 9000 ALL CHAIRS& TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TOAVOID ADDITIONAL CHARGES - - - - CHAIR WEIGHT LIMIT IS 250LBS 1 LABOR $1,000.00 $1,000.00 FRI DAY NIGHT INSTALLATION & SUNDAY PICKUP STAGE. CITY COUNCIL 40 CHAIR,SAMSWHITE $100 $4000 IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS BEER GARDEN 2 CANOPY, 20'X20' WHITE KW IK EXP. $220,00 $440.00 2.20X40 TO MAKE 40' X40'X10' W HITE KW IK TOP( BEER GARDEN) 2 MIDDLE, 2C'X20'WHITE KWIK -- - _ _ $220,00 $440.00 1 LIGHT, HI BAYS 406WATT $15.00 $15.00 8 CANOPY WATER BARREL 55GAL - $15.00 $120.00 8 CANOPY, WATER BARREL COVER 55GAL $5.00 $40.00 SPONSOR 1 CANOPY, 20'X20'WHITE KWIKEXP. $220.00 $220.00 20' X30' X3' W HITE KW IK TOP - SIERRA MIST I MIDDLE, 20'X10'WHITEKWIK - - $110.00 $•110.00 Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a- 3:OOp� Printed On Frl 317/20149.06AM Software by Polnl -of nbof- renlal,nam Modification# -2 Contract- Paretlu rpl(1) i Contract #: 9518 CITY OF SANTA ANA PARKS & RFC Page 4 of 4 Qtly Items Ranted _ - Each ^Price 8 CANOPY, WATER BARREL 30GAL $11.00 $88.00 8 CANOPY, WATER BARREL COVER 30GAL - $3.30 $20.46 BACKSTAGE $2,197so $2,717.20 $400.00 $0.00 VIP Subtotal: 1 CANOPY, 10'X20-WHITE REGULAR - $155,00 $185.00 $38,747.80 10'X20'8'WHITE CANOPY -- BACKSTAGE $244.55 $38,992.35 4 CANOPY, BASE STEEL $2.20 - $8.80 200 ASTRO TURF, BLACK SO. FT. $0,40 $80.00 10'X20' BLACKTURF 4 LIGHT, LED PAR -CAN $55.00 $220.00 1 ELEC CORD 50'MULTI WHITE - - - - - - $6.00 $0.00 0 SIDEWALL,8'X10'WHITE $19,80 $118.80 2 LOUNGE ,LOVESEAT,WHITELEATHERETTE - - $137.50 $275.00 1 TABLE, COFFEE WHITE 35 "X22" $38.50 $38.50 FRENCH(SE) 2 CANOPY, 1O'X10'PAGODAWHT $75.00 $150.00 1 -10' X20' XB' W HITE PAGODA MUST BE INSTALLED ON LEVEL GROUND. 8 CANOPY, BASE STEEL - $0,00 $0.00 4 TABLE, 8'X 30" $8.00 $24.00 4 PER BOOTH (UNIVISION, TELEMUNDO , OTHER) MUST BE INSTALLED ON LEVEL GROUND. 12. CHAIR, SAMS'WHITE - - - $0.90 $1.0.80 B PER BOOTH (UNIVISION, TELEMUNDO, OTHER) _ MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME, AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES - CHAIRWEIGHT LIMIT 1S250LBS - - - -- - 3 L101-IT,STRING FESTIVAL YELLOW $7.50 $22.50 88 KWIKCOVER/8'WHITE $2.00 $170.00 COVERS FOR VENDOR TABLES 1 DELIVERY/ PICKUP - - .$400,00 _ $400,00 DELIVERY / PICKUP FOR RESTROOMS & SINKS . - - 20 KWIKCOVER/6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 1. FUEL FOR GENERATORS - - - -- >>> COST TO REFUEL GENERATORS q <e -.- - $2,000.00 - $2,000.00 1 KWIKCOVERJ&WHITE $2.00 $2,00 CHECK I N ' 1 Delivery(Pickup $499.20 48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES. ORDER MUST BE PAID IN FULL PRIOR TO DELIVERY. Signature: CITY OF SANTA ANA PARKS & REC Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a- 3:00p� � M� Modification # �» 2 Printed On Frl & 7/2014 9:06AM Software by POlnt -of- a 2p f -of rentel.com Contras[- Pararnupt(1) --. Rental CABUS: Sales: Delivery Charge: Mise Charges: $33,432.70 $2,197so $2,717.20 $400.00 $0.00 Subtotal: Sales Tax: Total: s �,.. Paid: Amount Due: $38,747.80 $244.55 $38,992.35 $0.00 $38,992.35 Signature: CITY OF SANTA ANA PARKS & REC Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a- 3:00p� � M� Modification # �» 2 Printed On Frl & 7/2014 9:06AM Software by POlnt -of- a 2p f -of rentel.com Contras[- Pararnupt(1) EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: AGREEMENT WITH Al PARTY FOR RENTAL AND INSTALLATION OF EQUIPMENT FOR CINCO DE MAYO EVENT cam. CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Al Party for the rental and installation of equipment for the Cinco de Mayo event in the amount of $42,890.60, which includes a 10% contingency, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Cinco de Mayo event has been a positive attraction for the downtown businesses and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games over three days. The 15th Annual Cinco de Mayo Festival will take place on May 2 — May 4, 2014. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host the Cinco de Mayo and act as Event Manager this year. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. The decision to not provide this responsibility to a promoter company and accomplish this undertaking by the City was finalized earlier this year. In the short time period that is available, City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into an agreement with Al party to provide rental and installation of equipment for the event. The equipment to be rented will include items such as: Canopies for vendor booths, food booths; sinks; fences; restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening and set up by 7:00 a.m. Saturday Morning. Cleanup of the equipment will occur Sunday evening and completely cleared by 6:00 a.m. Monday morning. Selection of this company was made after soliciting pricing from various companies that have provided similar 25A -1 Agreement with Al Party for Rental Equipment April 1, 2014 Page 2 services to the City in the past. Al Party was selected as a result of pricing as well as prior experience of providing these services for past Cinco de Mayo events. FISCAL IMPACT Funds are available in the Recreation Community Services Contract Services- Professional account (no. 01113230 62300). III Gerar o Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A -2 AGREEMENT WITH Al PARTY RENTALS FOR PROVISION. INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR CINCO DE MAYO EVENT THIS AGREEMENT, made and entered into this I" day of April, 2014 by and between Al Party Rental (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for special events such as the Cinco de Mayo event that the City is hosting (`Event "). 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 this 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 tenns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment at 4th Street and 5th Street and Broadway Avenue for the Event. Equipment to be provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies, lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with furniture, as set forth in Exhibit A to this Agreement (the "Equipment "). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment /services to be provided and requiring an estimate from Contractor as to the cost of such additional equipment /services. Contractor shall deliver the Equipment on Friday, May 2, 2014, and set up by 7:00 AM Saturday, May 3, 2014. Contractor will clean up and remove the Equipment Sunday evening and have it completely removed and cleaned up by 6:OOAM, Monday, May 5, 2014. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract award for such services pursuant to the Contractor's Proposal shall not exceed Forty Two Thousand Eight Hundred Ninety Dollars and Sixty Cents ($42,890.60). This includes a ten percent (10 %) contingency for additional 25A -3 equipment/services as estimated by Contractor and approved by the Executive Director in writing as set forth in Section 1, above. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2014, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 25A -4 b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c, Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the perfonnance 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 fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination.. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect 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. 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 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. 25A -5 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 With copies to: and Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1.988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Al Party Rentals 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ FAX: (626) 967 -7572 25A -6 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 12. TERMINATION This Agreement maybe 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25A -7 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LisLisa torck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: Title: Tax ID# 25A -9 PARTY S,.ELESnATE WITH STYLE 251 E FRONT STREET P 8661.217.2789 COVINA, CA 91723 A1PAATYRENTAL,00M F 626.967.7572 CITY OF SANTA ANA PARKS & REC Status: Reservation Contract #: 9518 Event Beg: Fri 51212014 7 :OOPM Event End: Sun 5/4/2014 8:00PM Operator: Herrera, Valerie Job Descr: SANTA ANA MAY EVENT Ordered By: . VENDOR BOOTHS Salesman: RENE MARTINEZ Dellveryand Pickup ---, Delivery : Fri 5/2/2014 8:OOPM Contact: MIKE MCCOY Pickup Date: Sun 5/4/2014 8:OOPM Phone: Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY ; SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/2 7PM MUST BE READY BY 7AM PICK UP: SUN 5/4 BE THERE AT 8PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECCESSARY PERMITS 23_ REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER Qty Items Rented1 EeC -hL__ Prlae BOOTH #27 1, SIOE B'X WALL, 10'WHITE ... BGGTH #27 '. ! ' 1 SIDEWALL, 8'X10' CLEAR WINDOW BOOTH #27 $1,650.00 `.'$1,725100, I $0.00 075,00 $39.60 $19801 $33,00 88 VENDOR BOOTHS $0.00 1000 22 CANOPY, 1�0'X10'PAGODA GRENJHT $000 r ='= $0.00 >>> 22.1(YX 10X 8' GREEN & WHITE PAGODAS $0,0(1 22 CANOPY, 10'X10'PAGODAREDNVHT $75.00 >>> 22 -1 YX 10'X 8' RED & WHITE PAGODAS<<< 23_ - CANOPY, 10'X10'PAGODAWHT .. ......- .. . , ... .,,.... _$7500 -- 23, 10'X10'WHITEPAGODAS- . MUST. BE INSTALLED ONLEVEL.GROUND,:- , 132 CANOPY, BASE STEEL $0,00 35 81)EWALt., 8'X10'WHITE $7,5( 1 SIDEWALL, 0'X20' WHITE R3AAn BOOTH #27 1, SIOE B'X WALL, 10'WHITE ... BGGTH #27 '. ! ' 1 SIDEWALL, 8'X10' CLEAR WINDOW BOOTH #27 $1,650.00 `.'$1,725100, I $0.00 075,00 $39.60 $19801 $33,00 88 TABLE, 8'X30 $0.00 1000 - BOOTH #21,22,27 HAVE.3 TABLES EACH •;: $000 r ='= $0.00 -.. MUST -:BE INSTALLED ON LEVEL GROUND. $0,0(1 164 CHAIR,SAMSIVORY MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR W EIG HT LIMIT IS 250LBS - 30' LIGHT, 20OW QRTS $9,5( 75 LIGHT, STRING FESTIVALYELLOW $7,5( 15 -- STRINGS 10 ELEC CORD 60'' r ....:.. .. .:. ; So( 15 GREEN CORDS FOOD BOOTHS 9 CANOPY, IUX10'PAGODAWHT >0 >9 - -10'X 10'X8'« < MUST BE INSTALLED ON LEVEL GROUND. 9 CANOPY, 10'X10'W HITS REGULAR >>> 9 10'X 10'X 8' «< MUST SE INSTALLED ON LEVEL GROUND, 58 CANOPY, BASE STEEL 80 FENCE,PICKET31X81WHITE 160 DRAPERY, TUPRIGHT 160 CANOPY BASE STEEL $75.00 `.: $616.OQ1ii $147.0011 $562.50 $0:00 $0,00 $675.00 75,001 :. $8i5.Od $0 00 $0.00 1000 $800.Od $000 $0.00 $0.00 $0,0(1 V Printed On Fr[317M14909AM _ __ softwere* Poln4of-wat 5AA 0o -f- rental.cprn DentYBebParaMS JPt (1) + Contract #: 9518 CITY OF SANTA ANA PARKS & REC Page 2 of 4 . Qty -Items Rented - - - Each - - Price 28 LIGHT, 20OW ORTS $7,50 $210.00 17 ELEC, 20 AMP. OUTLET - - $35.00 $595.00 9 SIDEWALL,6'X20'WHITEPTMTARP $0.00 $0.00 FOR FOOD BOOTHS HOT & COLD SINKS 500 FENCE,CHAIN LINK 6'H X 10'W $1.50 $750.00 » >500'FENCE FCR MAIN STAGE -FREE STANDING FENCE «< INSTALL FENCE AT 4 AM . 85 SANDBAGS .... - - .: -. $1.50 ... $127.50 25 SIDEWALL, 6'X20'WHITE PTM TARP $20.00 $500.00 >>> SCREENING FOR FENCE «< >>> 500' OF & HIGH PTM TARPS «< . 1 . RESTROOM SERVICE SATURDAY _ _ _ $400,00 - . $400A0 3 SPECIALTY SINK HOT &COLD $500.00 $1,500.00 >>> 3.3 COMPARTMENT HOTICOLD SINKS SELF CONTAINED «< 27 SPECIALTYTOILET$70,00 $1,890.00 4 SPECIALTYTOILET ADA $125.00 $500.00 7 SPECIALTY SINK COLD - - $52,00 $384.00 . > »7. TWO STATION COLD SINK <<< - - (1- (0 4TH & SPURGEN FOR.SIERRA MIST) 4 SPECIALTY SINK HOT &COLD $255,00 $1,020.00 »> 4- HOT & COLD SINKS «< '. 6 CANOPY, '10'X10'WHITE REGULAR ... - _ .. $75.00 - $480.00 » >3.10 %20% 8'OVER HOTICOLD SINKS MOST BE INSTALLEO ON LEVEL GROUND. - 18 CANOPY, BASE STEEL $0.00 $0.00 980 SIDEWALL. B'WHITE - - - >>> 6 -30' SECTIONS «< 3 LIGHT, HI BAYS 400WATT $15.00 $45.00 8 CANS, TRASH WITH LINER32 GALLON $9.85 $78.80 SUPPPORT 3 GREASE BARRELS - .... . $20.00 - - - -. nom 4 SIDEWALL, 8'X10'WHITE PTM TARP $12.50 $50,00 >>> FOR UNDER GREASE BARRELS «< MAIN STAGE 7 TABLE, ROUND 30" $8.50 $59.50 MUST BE INSTALLED ON LEVEL GROUND. 7 TABLE, 0KTL,42" LEG - $2.50 .. - $17.50 3 RED, 120" GARDEN $14.50 $43.50 REPLACEMENT CHARGE ON ALL BURNED, TORN ORNTAINED LINEN. _ 3 KELILY,112W GARDEN , ...,.. ",., , _. -. $1450: 1 WHITE, 120 "GARDEN $1450 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 21 CHAI R, BARSTOOL, BLACK SWIVAL 2 COOLERS, IG L00150 QT. $15.00 $30.00 .. 2 FAN, 30' PEDESTAL - :. . .... .. ,- .., .. :.. ........ $30.00 6 TABLE, 8' X 30" $6.00 $36.00 MUST BE INSTALLED ON LEVEL GROUND. 2 -RED, 8' TABLEORAPE - $19.00 `- - $38.00 2 KELLY, 8' TABLEDRAPE $19,00 $38.00 :.. 2 WHITE, B'TABLEDRAPE - .. .. - - '$19.00 $38.00 800 ASTROTURF, BLACK SO, FT. $0.38 $304.00 »> 20'X40' <« DRESSING ROOMS 3 CANOPY, 10'X10'WHITE REGULAR $60.00 $180.00 >>> 1 - 10'X 30'X 8'W/4 WALLS «< MUST BE INSTALLED ON LEVEL GROUND, 6 CANOPY, BASE STEEL. $2.00: $12.00 _ 80 SIDEWALL, 8'WHITE $0.50 $40.00 >>> 4 - 20' SECTIONS «< 6 LIGHT, PAR -CAN 46 BLACK 200W .$15,00 - - ` $9.0.00 PAR 6 -CAN COLOR JELL $0.00 $0.00 PEACH JELLS Sore Hours Mon - Fri 9:00a -5:00p sat 10:uua -3:0up w/��w Modificatlon # 2 Printed On Fd 3/ 712014 9:06AM Soltware by Polnt- ot,2wR &�tjmt of- renteLcom Coniraot- Parama.rpt (1) Contract #: 9518 CITY OF SANTA ANA PARKS & REC Page 3 of 4 Qty Items Rented - Each Price 20 TABLE, 6'X30" _ $6.00 $120A0 4 $PECIALTYTOILET $70.00 $280.00 2 SPECIALTYPARTY EQUIP 2 -TWO STATION HAND WASHING SINK - - $52.00 - _ .$104,00 60 CHAIR, SAMS WHITE $0.90 $54.00 >>> STAGE AREA <C<G MUSTBE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR W EIGHT LIMIT IS 25008 3 MIRROR, NATURAL WOOD _ - � $500 $16.00 ELECTRICAL 1 POWER - 1 GENERATOR,126KVASILENT - - - $000.00 $800.00 1 GENERATOR,70KVA$PH SILENT $600.00 $600.00 1 SPECIALTY PARTY EQUIP - $600.00 - $600.00 >>> I -70KVA G ENT$ «< - 1 SPECIALTY GENERATOR $450.00 $450.00 »» 45 KVA FOR BEER GARDEN <¢« 1 ELECTRICAL DISTRIBUTION. SYSTEM $3,600.00 $3,600.00 »> 125.20 AMP OUTLETS <4< - >>> STAGE POWER HOOKUPS «< »>40AMPS PER FOOD BOOTH «< 100 CABLE RAMP - $10.00 $1,000.00 10 - - - -- - SPECIALTY PARTY EQUIP - $25.00 $400.00 >>> 16.- HEADSETS WNVALKIE TALKIES & BATTERIES «< - 4 LABOR $700.00 $2,800.00 >>> (2) Al MEN SAT 6AM - 9PM NEED MULE <<< >>> (2) Al MEN SUN 8AM - 8PM NEED MULE <<< Al USE - 80 FENCE,CHAIN LINK 6'H X 10 -W $1.00 580.00 >>> 80' CF 6' HIGH FENCE <<< CHECK IN 1 CANOPY, IO'X10'PAGODA W HT .$60.00 $80.00 >>> ID'X10'XB' <<< MUST BE INSTALLED ON LEVEL GROUND. 4 CANOPY, BASE STEEL - $p.00 $0.00 - Reading Out 1207 - - -.- - 1 TABLE, 8'X 30" $6.00 $6.00 MUST BE INSTALLED ON LEVEL GROUND, .. 4 IVORY ,." ...' .. $0.90 -'. MUST BE INSTALLED ON LEVEL GROUND. - - 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA - ..-0001 AS DEI „IVERED TOAVOIO ADDITIONAL CHARGES - CHAIRWEIGHTLIMITIS250LBS _ - 1 LABOR _ - - $1,000,00 $1,000.00 FRIDAY NIGHT INSTALLATION & SUNDAY PICKUP STAGE -CITY COUNCIL 40 CHAIR, SAMS W HITE $1.00 $40.00 IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS BEER GARDEN 2 CANOPY, 20'X20'WHITE KWIK EXP. $220.00 $440.00 2.2OX40 TO MAKE 40' X40IX10' WHITE KWIK TOP ( BEER GARDEN) 2. MIDDLE, 20'X20' WHITE KWIK _ $220.00 - $440.06 1 LIGHT, HI BAYS 400WATT $16.00 $15.00 8 CANOPY, WATER BARREL 55GAL - - - - - - - $15.00 $120.00 B CANOPY, WATER BARREL COVER 55GAL $5.00 $40.00 SPONSOR 1 CANOPY, 20'X20'WHITE KWIK EXP. $220.00 $220,00 20' X30' X8' W H ITE KWIK TOP - SIERRA MIST 1 MIDDLE, 20'X10' WHITE KWIK $11'.0.00 $110,00 bore Hours Mon - Frl 9:U0a -5:()Up Sat 1 U:UUa -3:00p V �� � w Printed On Frl 3l 7!2014 9,0 6AM Softwa. b Polnl -of- . nbof- renlal.com Modification # 2 Conlracl- Params.rpl (i) Contract #t 9518 CITY OF SANTA ANA PARKS & REC Page 4 of 4 Qty items Rented - Each - Price 8 CANOPY, WATER BARREL 30GAL $11,00 $88.00 8 CANOPY, WATER BARREL COVER NGAL - $3.30 $26.40 BACK STAGE $2,197.90 $2,717.20 $400.00 VIP Subtotal: 1 CANOPY, 10'X20' WHITE REGULAR $185,00 $165.00 $38,747.80 10'X20'8'WHITE CANOPY-- BACKSTAGE $244.55 $38,992.35 4 CANOPY, BASE STEEL $20 $8.80 200 ASTRID TURF, BLACK SQ. FT. $0.40 $80.00 10' X20' BLACKTURF - 4 LIGHT, LED PAR -CAN $55.00 $229.00 1 ELEC CORD 50'MULTI WHITE - $0.00 - $0.00 6 SIDEWALL, 8'X10' WHITE $19.80 $118.80 2 LOUNGE,LOVESEAT,WHITE LEATHERETTE - - - $137159 $275.00 1 TABLE, COFFEE WHITE 35 "X22" $38,50 $38.50 FRENCH(SE) 2 CANOPY, 1O'X10'PAGODAWHT $75.00 $150.00 1 -10' X20' X8' W HITE PAGODA MUST BE INSTALLED ON LEVEL GROUND. 8 CANOPY; BASE STEEL - - - $0.00 $0.00 4 TABLE, 8'X 30" $8.00 $24.00 4 PER BOOTH (UNIVISION, TELEMUNDO , OTHER) MUST BE INSTALLED ON LEVEL GROUND. 12. CHAIR,SAM5'WHITE - - - - $0.90 $1.0.80 8 PER BOOTH (UNIVISION, TELEMUNDO, OTHER) _ MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME. AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIG HT LIM IT IS 250LBS - 3 LIGhIT, STRI NO FESTIVAL YELLOW $7.50 $22.50 88 KWIKCOVERl8'WHITE $2.00 $176.00 COVERS FOR VENDOR TABLES 1 DELIVERY / PICKUP - - - .$400,00 _ $400,00 DELIVERY( PICKUP FOR RESTROOMS &SINKS. - 20 KWIKCOVER/6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 1. FUEL FOR GENERATORS - - - - -- - »a COST TO REFUEL GENERATORS a« - $2,000.Oq $2,000.00 1 1 KWIKCOVER/8'WHITE- $2.00 $2.00 CHECKIN T Delivery/Pickup - - - $499,20 - $409.20 48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES. ORDER MUST BE PAID IN FULL PRIOR TO DELIVERY. Signature: CITY OF SANTAANA PARKS & REC Store Hours Mon - Frl 9:OOa -5,OOp Sat 10:00a•3:O0p ^^ AI� MDdlficatlon # 2 Printed On Frl 3/ 7120111 8:06AM Software by Polnbof -tcryrt A31-of rantal.00m Contract,Params.rpt( 'I) Rent: CABUS: Sales:� Delivery Charge: Misc Charges: $33,432.70 $2,197.90 $2,717.20 $400.00 Subtotal: Sales Tax: Total: Paid: Amount Due: $38,747.80 $244.55 $38,992.35 MOO $38,992.35 Signature: CITY OF SANTAANA PARKS & REC Store Hours Mon - Frl 9:OOa -5,OOp Sat 10:00a•3:O0p ^^ AI� MDdlficatlon # 2 Printed On Frl 3/ 7120111 8:06AM Software by Polnbof -tcryrt A31-of rantal.00m Contract,Params.rpt( 'I) EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: APPROVAL OF FINANCING FIRMS AND AGREEMENTS T / r (\ yCITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Award contract to Quint & Thimmig LLP as Bond Counsel in the amount of $55,000 and receive and file contract with Fieldman, Rolapp, & Associates for financial advisory services for the refunding or consideration of other cash savings of the 1994A and 2004A Police Administration Lease Revenue Bonds; subject to non - substantive changes approved by the City Manager. 2) Approve proposal with Best, Best, and Krieger LLP, for Bond Counsel Services; Letter of Agreement with De La Rosa & Company /Stifel and receive and file contract with Urban Futures, Inc., for underwriting services for refunding opportunities of the 2004 Water Revenue Bonds; subject to non - substantive changes approved by the City Manager. DISCUSSION On January 21, 2014 the City Council approved a list of financial advisors that staff could use to review the City's existing debt portfolio of $162 million for potential refunding opportunities. Based on the financial advisor proposals submitted, Finance identified two opportunities for refunding: the 1994A & 2004A Police Lease Revenue Bonds and the 2004 Water Revenue Bonds. As such, staff engaged Fieldman, Rolapp, & Associates to review the Police Revenue Bonds and Urban Futures, Inc. to review the Water Revenue Bonds. Both firms have identified potential cash savings opportunities of over $1 million each. In order to continue the development and implementation of cash saving strategies, the financial advisory firms were asked to develop and initiate a Request for Proposal (RFP) for bond counsel services based on the bond issuance assigned. Bond proposals were received by three bond counsel firms: Best, Best and Krieger; Quint & Thimmig LLP; and Orrick, Herrington & Sutcliffe LLP. Each firm was evaluated on responsiveness, experience as to the type of issuance, approach and recommended bond counsel team. Based on the proposals submitted, Fieldman, Rolapp, & Associates recommend Quint & Thimmig LLP as Bond Counsel for the Police Lease Revenue Bonds. Urban Futures, Inc. recommends Best, Best & Krieger for the Water revenue Bonds. Staff has reviewed the proposals and supports the recommendations. 2513-1 Agreement — Approval of Financing Firms and Agreements April 1, 2014 Page 2 In addition, Urban Futures, Inc. also released an RFP for underwriting services. Four proposals were received: De La Rosa & Company /Stifel; Piper Jaffray; Southwest Securities; and Jefferies Group, LLC. Each was evaluated based on team experience, financing approach and management fees. After review, Urban Futures, Inc. recommends De La Rosa & Company /Stifel. Staff has reviewed the proposals and supports the recommendation. Upon City Council approval, each financing team will then be directed to evaluate and recommend the appropriate cash savings strategy. Staff will then bring back for approval a resolution of the City Council authorizing the preparation of financing documents in order to finalize and initiate completion of the transaction. FISCAL IMPACT Financing fees will be reimbursed to the City through the savings associated with each issuance. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Quint & Thimming LLP agreement 2. BB &K Fee Proposal 3. Del La Rosa /Stifel agreement 4. Council approved agreements, 25B -2 Agreement for Legal Services CITY OF SANTA ANA 2014 Direct Placement Lease Financing Refunding of the Santa Ana Financing Authority Police Administration and Holding Facility Lease Revenue Bonds, Series 1994A and /or Refunding of the City of Santa Ana Certificates of Participation (1998 City Hall Expansion Project) THIS AGREEMENT FOR LEGAL SERVICES is made and entered into this day of 2014, by and between the CITY OF SANTA ANA (the "City "), and QUINT & THIMMIG LLP, Larkspur, California ( "Attorneys "). WITNESSETH: WHEREAS, the City has determined that at this time, due to prevailing interest rates in the municipal bond market and for other reasons, to provide for the refunding of the outstanding Santa Ana Financing Authority, Police Administration and Holding Facility, Lease Revenue Bonds, Series 1994A (the "1994 Bonds "), and /or the outstanding City of Santa Ana Certificates of Participation (1998 City Hall Expansion Project) (the "1998 COPS ") by entering into a lease financing to accomplish such funding; WHEREAS, the refinancing transaction will be structured as a direct placement lease with one or more institutional investors (the "2014 Lease Financing "); WHEREAS, the City requires the services of bond counsel in connection with the 2014 Lease Financing; WHEREAS, the City has determined that Attorneys are specially trained and experienced to provide services for accomplishing such financing and Attorneys are willing to provide such services; and WHEREAS, the public interest, economy and general welfare will be served by this Agreement for Legal Services. NOW, THEREFORE, IT IS HEREBY AGREED, as follows: Exhibit 1 25B -3 Section 1. Duties of Attorneys. Attorneys shall provide legal services, as bond counsel, in connection with the authorization, issuance and consummation of the financing proceedings relating to the 2014 Lease Financing. Such services shall include the following: (a) Confer and consult with the officers and administrative staff of the City as to matters relating to the financing proceedings; (b) Attend all meetings of the City and any administrative meetings at which any proceedings are to be discussed, deemed necessary by Attorneys for the proper planning of the financing proceedings or when specifically requested to attend; (c) Prepare any required resolutions, resolutions, notices and legal documents necessary for the proper conduct of the financing proceedings relating to the 2014 Lease Financing; (d) Review all financial documents for legal sufficiency, (e) Prepare and provide signature and no- litigation certificates, arbitrage certificates and any and all other closing documents required to accompany the 2014 Lease Financing; (f) Prepare and provide complete transcripts of the conduct of the proceedings necessary to accompany the 2014 Lease Financing; (g) Subject to the completion of proceedings to the satisfaction of Attorneys, provide the legal opinions of Attorneys that the interest with respect to the 2014 Lease Financing is exempt from California personal income taxation; (h) Subject to the completion of proceedings to the satisfaction of Attorneys, provide the legal opinions of Attorneys approving the legality of the proceedings relating to the 2014 Lease Financing; and (i) Confer and consult with City officials and agents with regard to problems which may arise during the servicing and payment of the 2014 Lease Financing. Section 2. Compensation. (a) If it is determined that the 2014 Lease Financing will include only the refunding of the 1994 Bonds, for the services set forth under Section 1 above, Attorneys shall be paid a flat fee of $50,000, inclusive of all out -of- pocket expenses. (b) If it is determined that the 2014 Lease Financing will include only the refunding of the 1998 COPs, for the services set forth under Section 1 above, Attorneys shall be paid a flat fee of $25,000, inclusive of all out -of- pocket expenses. (c) If it is determined that the 2014 Lease Financing will include both the refunding of the 1994 Bonds and the refunding of the 1998 COPs, for the services set forth under Section 1 above, Attorneys shall be paid a flat fee of $55,000, inclusive of all out -of- pocket expenses. -2- 25B-4 Payment of said fees and expenses shall be entirely contingent, shall be due and payable upon the completion of the 2014 Lease Financing and shall be payable solely from the proceeds of the 2014 Lease Financing and from no other funds of the City. Section 3. Responsibilities of the City. The City shall cooperate with Attorneys and shall furnish Attorneys with certified copies of all proceedings taken by the City, or other deemed necessary by Attorneys to render an opinion upon the validity of such proceedings. All costs and expenses incurred incidental to the 2014 Lease Financing, including the cost and expense of preparing certified copies of proceedings required by Attorneys in connection with the 2014 Lease Financing and any other expenses incurred in connection with the 2014 Lease Financing, shall be paid from the proceeds of the 2014 Lease Financing. Section 4. Exceptions. Any services rendered in any litigation involving the City or the proceedings relating to the 2014 Lease Financing are excepted from the services to be rendered for the above compensation. For such services which Attorneys are directed to render for and on behalf of the City, compensation shall be on the basis of reasonable fees to be agreed upon by the City and Attorneys. Section 4. Termination of Agreement. This Agreement for Legal Services may be terminated at any time by the City, with or without cause, upon written notice to Attorneys. In the event of such termination, all finished and unfinished documents shall, at the option of the City, become its property and shall be delivered by Attorneys to the City. IN WITNESS WHEREOF, the City and Attorneys have executed this Agreement for Legal Services as of the date first above written. CITY OF SANTA ANA By e dose Sandoval '"tle Chief Assistant Citv Attornev QUINT & THIMMIG LLP By Brian D. Quit artner -3- 25B-5 r FEE PROPOSAL As a leading public law firm in California, BB &K has a longstanding commitment to efficient and cost - effective delivery of legal services. We believe that the depth and quality of our expertise and personnel experience in public law is second to none. We are able to address complex legal issues with creativity, speed, efficiency and accuracy at a fair and reasonable cost. For bond counsel and disclosure counsel services in connection with the Series 2004 Water Revenue Bond Refunding, BB &K will be compensated from proceeds of the bonds upon their issuance as discussed below. Bond Counsel We assume that the sales price of the bonds will be approximately $12 million for the refunding. We propose a fee of $35,000, assuming that the issue closes by the end of April or May 2014. If the transaction continues for a longer period of time or requires additional work, we would discuss any adjustment to our fee with the City and with Urban Futures. For investment agreements, derivative transactions or interest rate swaps relating to of any bond issue, a separate fee may be charged depending on the type of derivative. Disclosure Counsel Assuming that the sales price of the bonds to be issued will be approximately $12 million, we propose a fee of $20,000. If we are selected to act as bond counsel and disclosure counsel, our total fees would be $45,000 depending upon the sales price of the bonds. Reimbursement Our firm makes no separate charge for secretarial or other administrative charges. Our fees include all routine word processing, secretarial and office costs associated with the provision of legal services, including facsimile transmittals and voicemails. Reimbursement of costs advanced by us on behalf of the client, as well as other expenses, will be billed in addition to the amount billed for fees. These currently include, but are not limited to, automobile mileage at the IRS rate, actual expenses away from our office on your business, long distance telephone calls at actual cost, extraordinary photocopy charges at $0.25 /page, any costs of printing the preliminary and final official statements, producing or reproducing photographs, documents, and other items necessary for legal representation including computer research. Additionally, costs advanced include the preparation of transcript books and CD ROMs for each transaction. We would be happy to submit a budget for costs and we would agree to not -to- exceed caps as approved by the City on individual expense matters. Generally, the total expense is approximately $2,500, not including travel for any presentations to investors, rating agencies or bond insurance companies. ROV ORM Exhibit Jose Sando l . 09845.00500 \8607796.1 25B -7 Zs nior Assistant City Attorney r -oo STIFELOne Montgomery Street, 37`h Floor, San Francisco, CA 94104 March 18, 2014 Francisco Gutierrez, Executive Director /City Treasurer City of Santa Ana Finance & Management Services Agency P.O. Box 1988 Santa Ana, CA 92702 Re: Underwriter Engagement Relating to Potential Municipal Securities Transaction — City of Santa Ana, 2014 Water Revenue Refunding Bonds Dear Mr. Gutierrez: The City of Santa Ana (the "Issuer ") and Stifel, Nicolaus & Company, Incorporated ( "Stifel ") are entering into this memorandum to confirm that discussions related to potential issue of a particular issuance (of series of issuances) of municipal securities related to the refunding of the Series 2004 Water Revenue Bonds by the proposed 2014 Water Revenue Refunding Bonds (the "Issue" or the "Bonds ") and that the Issuer and Stifel are hereby entering into this engagement letter to formalize Stifel's role as underwriter or placement agent with respect to the Issue as defined in MSRB Rule G -23. Issuer and Stifel acknowledge that, in all discussions that they will have concerning the potential municipal securities transaction, Stifel will not be serving the role of municipal advisor as defined in the SEC's Municipal Advisor Rule with current effective date of implementation of July 1, 2014. To that end, the Issuer agrees to provide specific project related information to Stifel and Stifel agrees to provide input to the Issuer relating to options concerning structure, timing, terms, and other similar matters related to the expected transaction referenced above. Limitation of Engagement This Memorandum establishes an engagement which does not obligate either parry to execute a municipal securities transaction or to enter into a bond purchase agreement or any other legally binding transaction. The engagement is preliminary in nature, and Issuer acknowledges that it intends or reasonably expects to engage Stifel as the underwriter for the identified issuance of municipal securities. This engagement may be subject to conditions such as formal approval of the selection of Stifel as underwriter or placement agent by the applicable governing body and the formalization of the structure and terms for the sale or placement of the issue. Additionally, this Memorandum does not restrict the Issuer from entering into engagement letters with more than one underwriter, provided that the issuer reasonably expects to engage each such underwriter. This engagement is nonbinding and may be terminated immediately at any time for any reason by either party upon written notice. Exhibit ,3 25B -9 City of Santa Ana March 18, 2014 Paae 2 Role Disclosure The Issuer hereby confirms and acknowledges each of the following concerning the role that Stifel would have as an underwriter: (1) Municipal Securities Rulemaking Board Rule G -17 requires an underwriter to deal fairly at all times with both municipal issuers and investors; (2) the underwriter's primary role is to purchase securities with a view to distribution in an arm's - length commercial transaction with the issuer and it has financial and other interests that differ from those of the issuer; (3) unlike a municipal advisor, the underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the issuer without regard to its own financial or other interests; (4) the underwriter has a duty to purchase securities from the issuer at a fair and reasonable price, but must balance that duty with its duty to sell municipal securities to investors at prices that are fair and reasonable; and (5) the underwriter will review the official statement for the issuer's securities, and complete requisite due diligence, in accordance with, and as part of, its responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of the transaction. Disclosures Concerning the Underwriter Compensation The underwriter will be compensated by an underwriting discount will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the Bonds. As a placement agent, compensation would be derived in the form of a fee negotiated in connection with the issuance of the Bonds. Payment or receipt of the underwriting discount or placement agent fee will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the Bonds. While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary. Conflicts of Interest Disclosures Stifel has not identified any additional potential or actual material conflicts that require disclosure. 25B -10 City of Santa Ana March 5, 2014 Page 3 Disclosures Relating to Complex Municipal Securities Financing Since Stifel Nicolaus has not recommended a "complex municipal securities financing" to the Issuer, additional disclosures regarding the financing structure for the issuance of the Bonds are not required under MSRB Rule G -17. However, if Stifel Nicolaus recommends, or if the Issue is ultimately structured in a manner considered a "complex municipal securities financing" to the Issuer, this letter will be supplemented to provide disclosure of the material financial characteristics of that financing structure as well as the material financial risks of the financing that are known to us and are reasonably foreseeable at that time. Sincerely, Managing Director The Issuer acknowledges the foregoing. Accepted and Executed Francisco Gutierrez, Executive Director /City Treasurer (Title) Date: APPROV A FORM 1P od e Sandoval SeniAss Attorney — 25B -11 25B -12 INSURANCE ON FILE WORK MAY PROCEED N- 2014 -013 UNTIE. INSURANCE EXPIRES Al."), - /s/ CLERK OF DOUNCIL DATE: FEB 1 1 ZU14 PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR This agreement has been entered into this � day of February, 2014 by and between the City of Santa Ana, a charter city and municipal corporation (the "City ") and Fieldman, Rolapp & Associates, Inc. (herein, the "Consultant "). WHEREAS, the City desires independent financial advisory services to be performed in connection with refunding of outstanding debt, namely the 1994A and 2004A Lease Revenue Bonds (herein, the "Project "); and WHEREAS, the City desires to retain the professional and technical services of the Consultant for the purpose of debt issuance, (herein, the "Services "); WHEREAS, the Consultant is well qualified to provide professional financial advice to entities such as the City; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions hereinafter set forth, it is agreed as follows: Section 1 Financial Advisory Services As directed by the City, Consultant will provide financial advisory services with regard to the 1994A and 2004A Lease Revenue Bonds (Police Administration and Holding Facility) (the 'Project ") as fully described in Exhibit A attached to this Agreement. Consultant is engaged in an expert financial advisory capacity to the City only. It is expressly understood that the Services rendered hereunder are rendered solely to the City of Santa Ana. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder. Section 2 Additional Requested Services. The City may request that Consultant provide additional services beyond the scope of those referenced in Section 1 above and specifically listed in Exhibit A to this Agreement, Services performed for the City by Consultant that are not otherwise specifically identified in Exhibit A to this Agreement shall be Additional Services. Additional Services include, but are not limited to, the following: 2.01 Assisting the City in obtaining enabling legislation or conducting referendum elections. 2.02 Extraordinary services and extensive computer - malysis in the structuring or planning of any debt issue or financing program. 2.03 The repeat of any element of a service described in Exhibit A to this Agreement which is made necessary through no fault of Consultant.. CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Page I FRA Project No. 14123 Exhibit 4 00087124 25B -13 2.01• Financial management services, including development of financial policies, capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A to this Agreement. 2.05 Services rendered in connection with any undertaking of the City relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2 -12 or other similar rules. 2,06 Services rendered to the City in connection with calculations or determination of any arbitrage rebate liability to the United States of America arising from investment activities associated with debt issued to fund the Project. Section 3 Contingent Compensation 3.01 For Consultant's performance of Services as described in this Agreement, including Additional Services requested by the City, the Consultant's compensation will be as provided in of Exhibit B attached to this Agreement, 3.02 Payment of Consultant's expenses is contingent upon the successful closing of the financing and approval by the City Council. 3.03 Unless otherwise specified, payment of Consultant's compensation and expenses is due thirty (30) days after submission of Consultant's invoice for services after City Council approval. 3.04 In the event the Services of the Consultant are abandoned prior to completion of Consultant's work, Consultant shall be compensated for Services performed to the point of abandonment as if such Services were an additional service pursuant to Section 2 of this Agreement, subject to a maximum fee of 0, An act of abandonment shall be deemed to have occurred when no action has been taken by the City relative to the services of the Consultant for a period of three (3) months from the date of the initial performance of a service, and there has been a written notification to the Consultant of an abandonment of the Project by the City. 3.06 The schedule of Consultant fees set forth in this Agreement and Exhibits is guaranteed by Consultant for a period of twelve (12) months from the date of this Agreement. Section 4 Personnel. Consultant has, or will secure, all personnel required to perform the services under this Agreement. Consultant shall make available other qualified personnel of the firm as may be required to complete Consultant's services. The City has the right to approve or disapprove any proposed changes in Consultant's staff providing service to the City. The City and Consultant agree that such personnel are employees only of Consultant and shall not be considered to be employees of the City in any way whatsoever. CITY OF SANTA ANAIFIELDMAN, ROLAPP ec ASSOCIATES Page 2 FRA Project No. 14123 00087124 25B -14 Section 5 Term of Agreement. This Agreement shall continue in full force and effect for a period of twenty -four (24) months from the date hereof unless terminated by either party by not less than thirty (30) days written notice to the other party except that the Agreement shall continue in full force and effect until completion of Consultant's services at until an abandonment shall have occurred as described in Section 3.04 hereof. This Agreement may be extended by one year option as agreed by the City and the Consultant. Section 6 Modification. This Agreement contains the entire agreement of the parties, It may be amended in whole or in part from time to time by mutual consent of the parties, This shall not prohibit the City and Consultant from entering into separate agreements for other services, Section 7 Work Products. All work products or any form of property developed by the Consultant in providing the Services shall be provided to the City on request. Work products developed by the Consultant shall be the property of the City, provided that Consultant may use such work products developed for the City raid may employ those work products to develop refinements or additional work products in the course of its business. Section S Assignment. The rights and obligations of the City under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the City. This agreement may not be assigned by the Consultant without the consent of the City except for compensation due Consultant. Section 9 Disclosure. Consultant does not assume the responsibilities of the City, nor the responsibilities of the other professionals and vendors representing the City, in the provision of services and the preparation of the financing documents, including initial and secondary market disclosure, for financings undertaken by the City. Information obtained by Consultant and included in any disclosure documents is, by reason of experience, believed to be accurate; however, such information is not guaranteed by Consultant, Section 10 Confidentiality. The Consultant agrees that all financial, statistical, personal, technical and other data and information designated by the City as confidential shall be protected by the Consultant frorn unauthorized use or disclosure. The City acknowledges that the Consultant is required to comply with applicable laws governing disclosure of public information. CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Page 3 FRA Project No. 14123 00087124 25B -15 Section 11 Indemnification, The City and Consultant shall each indemnify and hold harmless the other from and against any and all losses, claims, damages, expenses, including legal fees for defense, or liabilities, collectively, damages, to which either may be subjected by reason of the other's acts, errors or omissions, except however, neither will indemnify the other from or against damages by reason of changed events and conditions beyond the control of either or errors of judgment reasonably made, Section 12 Insurance. 12,01 Consultant shall maintain workers' compensation and employer's liability insurance during the term of this Agreement. 12.02 Consultant, at its own expense, shall obtain and maintain insurance at all times during the prosecution of this contract, Such insurance must be written with a Best Guide "A" -rated or higher insurance carrier admitted to write insurance in the state where the work is located. 12.03 Insurance coverages shall not be less than the following; A. Workers' Cornpensation 1. State workers compensation statutory benefits 2. Employer's Liability -policy limits of not less than $1,000,000. B, Comprehensive General Liability coverage with policy limits of not less than $1,000,000 combined single limit for bodily injury and property damage and including coverage for the following: 1. Premises operations 2. Contractual liability 3. Products 4. Completed operation C. Errors and omissions with policy limits of $2,000,000. 12.04 Certificates of insurance naming the City as an additional insured with primary coverage shall be submitted to the City evidencing the required coverages, limits and locations of operations to which the insurance applies, and the policies of insurance shall contain a 30 day notice of cancellation or non - renewal. Section 13 Permits/Licenses. The Consultant shall obtain any permits or licenses, as may be required for it to complete the services required under this Agreement. CITY OF SANTA ANA/PIELDMAN, ROLAPP & ASSOCIATES Page 4 PRA Project No. 14123 00087124 25B -16 Section 14 Binding Effect. 14.01 A waiver or indulgence by the City of a breach of any provision of this Agreement by the Consultant shall not operate or be construed as a waiver of any subsequent breach by the Consultant. 14.02 All agreements contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein, and the remaining provisions of this Agreement shall not be affected by such determination and shall remain in full force and effect. This Agreement shall not fail because any part or any clause hereof shall be held indefinite or invalid. 14.03 Each party hereto represents and warrants that this Agreement has been duly authorized and executed by it and constitutes its valid and binding agreement, and that any governmental approvals necessary for the performance of this Agreement bave been obtained. Section 15 Arbitration. 15.01 Any controversy, claim or dispute arising out of or relating to this Agreement may be settled by non - binding arbitration in Irvine, California. 15.02 Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ( "JAMS "), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by ,TAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS rules and regulations) of the proceedings has been given to such party. 15.03 Each party shall bear its own attorneys fees and expenses. 15.04• All such controversies, claims or disputes may be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this Section shall be construed as precluding the bringing of an action for injunctive or other equitable relief. 15.05 The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. 1.5.06 EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. CITY OF SANTA ANAIFIELDMAN, ROLAPP & ASSOCIATES Page 5 PRA Project No. 14123 00087124 25B -17 IN WTINESS Whereof, the parties have duly executed this Agreement as of the day and year first above set forth. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By �x c'.z�Zrst_ Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVE. CAVAZOS City Manager CONSULTANT Fieldman, Rol p & Asso �% Iuc. By: Anna V. Sarabiau Vice President Address: 19900 MacArthur Blvd. Suite 1100 Irvine, CA 92612 CITY OF SANTA ANA/FIF.,LDMAN, ROLAPP & ASSOCIATES Page FRA Project No, 14123 00087124 25B -18 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF SANTA ANA AND FIELDMAN, ROLAPP & ASSOCIATES Scope of Services A. General Services. The Consultant shall perform all the duties and services described in Section 1 of this Agreement and shall provide such other services as it deems necessary or advisable to accomplish the Project, consistent with the standards and practice of professional financial advisors prevailing at the time such services are rendered to the City. The City may, with the concurrence of Consultant, expand this Agreement to include Additional Services not specifically identified within the terms of this Agreement. Any Additional Services may be described in an addendum to this Exhibit A and are subject to compensation described in Exhibit B to this Agreement. B. Transaction Services, The Consultant shall amume primary responsibility for assisting the City in coordinating the . planning and execution of each debt issue relating to the Project. Insofar as the Consultant is providing Services which are rendered only to the City, the overall coordination of the financing shall be such as to minimize the costs of the transaction coincident with maximizing the City's financing flexibility and capital market access. The Consultant's proposed debt issuance Services may include, but shall not be limited to, the following; • Establish the Financing Objectives • Develop the Financing Schedule • Monitor the Transaction Process • Review the Official Statement, both preliminary and final • Procure and Coordinate Additional Service Providers • Provide Financial Advice to the City Related to Financing Documents • Compute Sizing and Design Structure of the Debt Issue + Plan mud Schedule Rating Agency Presentation and Investor Briefings • Conduct Credit Enhancement Procurement and Evaluation • Conduct Market Analysis and Evaluate Timing of Market Entry • Recommend Award of Debt Issuance • Provide Pre - Closing and Closing Assistance CITY OF SANTA ANA /PIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 1 FRA Project No. 14123 00087124 25B -19 Specifically, Consultant will: 1. Establish the Financing Objeotives, At the onset of the financing transaction process for the Project, the Consultant shall review the City's financing needs and in conjunction with the City's management, outline the objectives of the financing transaction to be undertaken and its proposed form. Unless previously determined, Consultant shall recommend the method of sale of debt and outline the steps required to achieve efficient market access. 2. Develop the Financing Timetable The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses, 3. Monitor the Transaction Process. The Consultant shall have primary responsibility for the successful implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project, The Consultant shall coordinate (and assist, where appropriate) in the preparation of the legal and disclosure documents and shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost - effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction. 4. Review the Official Statement. a. Upon direction of the City, the Consultant sball review the official statement for each debt issue relating to the Project to insure that the City's official statement is compiled in a manner consistent with industry standards. b. The Consultant shall post the official statement on its website at www,fieldman,com, 5. Procure and Coordinate Additional Service Providers. Should the City desire, the Consultant may act as City's representative in procuring the services of financial printers for the official statement and related documents, and for the printing of any securities. In addition, the COnsultant may act as the City's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, redevelopment consultants, or escrow verification agents or other professionals, if the City directs. 6. Provide Financial Advice to the Citv Relating to Financing Documents. Simultaneous with the review of official statements for each debt issue relating to the Project, the Consultant shall assist the managing underwriters, bond counsel and /or other legal advisors in the drafting of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 2 FRA Project No. 14123 00087124 25B -20 consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood however that the Consultant's services shall in no manner be construed as the Consultant engaging in the practice of law. 7. Compute Sizing and Design Structure of Debt Issue. The Consultant shall work with the City's staff to design a financing structure for each debt issue relating to the Project that is consistent with the City's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. 8. Plan and Schedule Rating Agency Presentation and Investor Briefings, The Consultant shall develop a plan for presenting the financing program to the rating agencies and the investor community. The Consultant shall schedule rating agency visits, if appropriate, to assure the appropriate and most knowledgeable rating agency personnel are available for the presentation and will develop presentation materials and assist dte City officials in preparing for the presentations. 9. Conduct Credit Enhancement Evaluation and Procurement. Upon the City's direction, the Consultant will initiate discussions with bond insurers, letter of credit providers and vendors of other forms of credit enhancements to determine the availability of and cost benefit of securing financing credit support. 10. Conduct Market Anahm' and Evaluate Timing of Market Entry. The Consultant shall provide regular summaries of current municipal market conditions, trends in die market and how these may favorably or unfavorably affect the City's proposed financing. a. Competitive Sales. For all types of competitive sale of debt, the Consultant shall undertake such activities as are generally required for stile of securities by competitive bid including, but not limited to the following: • Review and cormnent on terms or Notice of Sale Inviting Bids • Provide advice on debt sale scheduling • Provide advice on the use of electronic bidding systems • Coordinate bid opening with the City officials • Verify bids received and make recommendations for acceptance • Provide confirmation of issue sizing, based upon actual bids received, where appropriate • Coordinate closing arrangements with the successful bidder(s) b. Negotiated Sales, CITY OF SANTA ANAlFMLDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 3 FRA Project No, 14123 00097124 25B -21 In the case of a negotiated sale of debt, the Consultant shall perform a thorough evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the City with the negotiation of final issue structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt, This assistance and evaluation will focus on the following areas as determinants of interest cost: • Size of financing • Sources and uses of funds • Terms and maturities of the debt issue • Review of the rating in pricing of the debt issue • Investment of debt issue proceeds • Distribution tnix among institutional and retail purchasers • Interest rate, reoffering terms and underwriting discount with comparable issues • Redemption provisions 11, Recommend Award of Debt Issuance. Based upon activities outlined in Task 10(a) and 10(b) above, the Consultant will recommend accepting or rejecting offers to purchase the debt issue. If the City elects to award the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award. 12. Provide Pre- Closing and Closing Activities. The Consultant shall assist in arranging for the closing of each financing, The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book -entry status, signing and final delivery of the securities and settlement of the costs of issuance. CITY OF SANTA ANAUELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 4 PRA Prqject No, 14123 00087124 25B -22 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF SANTA ANA AND FIELDMAN, ROLAPP & ASSOCIATES Compensation and Expenses Transaction Based Compensation For Services referenced in Section 1 of this Agreement, the Consultant will be compensated as described in the table below: TYk'OFFINACING PARAMOUNT'; �CONTINGENTFEE... New Money and /ot Refunding: $1 to $15,000,000 $40,000 Lease Revenue Bonds, $15,000,001 to $30,000 000 $50000 Certificates of Participation, $30,000,001 to $60,000"000 $60,000 Enterprise (Revenue Bonds) and I ,» , $60,000,001 and above $70,000 Payment of compensation earned by Consultant pursuant to this Part 1 shall be contingent on, and payable at the closing of the debt issue(s) undertaken to finance the Project, Hourly Compensation For Services and Additional Services referenced in this Agreement, the Consultant will be compensated at the then current hourly rates. The table below reflects the rates in effect as of the date of execution of this Agreement. Personnel Hourly Rate Hxecutive Officers ............................. ............................... $300.00 Principals .......................................... ............................... $290.00 Senior Vice President ....................... ............................... $275.00 Vice Presidents .................................. .............. *................ $225.00 Assistant Vice President ................................................... $1.95.00 Senior Associate ................................ ............................... $150.00 Associate............................................ ............................... $125.00 Analyst................................................. ............................... $85.00 Administrative Assistants .................... ............................... $65.00 Clerical................................................. ............................... $35.00 Hourly Compensation will be billed on a monthly basis, CITY OF SANTA ANAlFIFLDMAN, ROLAPP & ASSOCIATES Exhibit B, Page 1 PRA Project No, 1.4123 00087124 25B -23 Expenses Expenses will be billed for separately and will cover, among other things, travel, lodging, subsistence, overnight courier, conference calls, computer, and fax transmission charges. Advances made on behalf of the City for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the City upon prior authorization, Additionally, a surcharge of 6% of the compensation amount is added to verifiable out -of- pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. Limiting Terms and Conditions The above compensation is based on completion of work orders within six months of the City's authorization to proceed, and assumes that the City will provide all necessary information in a timely manner, The fee shown above in Part 1 presumes attendance at up to 8 meetings in the City's offices or such other location within a 25-mile radius of the City place of business as the City may designate. Preparation for, and attendance at City Council meetings on any basis other than "by appointment" may be charged at our normal hourly rates as shown in Part 2, above, Abandonment If, once commenced, the services of the Consultant are terminated prior to completion of our final report for any reason, the Consultant will be compensated for professional services and reimbursed for expenses incurred through the time of receive notification of such termination at the standard hourly rates shown above, subject to a minimum charge of $0, CITY OF SANTA ANA /FIELDMAN, ROLAPP & ASSOCIATES Exhibit B, Page 2 FRA Project No, 14123 00087124 25B -24 N -2014 -017 INSURANCE L01 ON FILE WORK MAY NJ PROCEED CLERK OF COUNCIL DATE: PROFESSIONAL SERVICES AGREEMENT WITH FEB 1 2 2014 URBAN FUTURES, INC. FOR FINANCIAL ADVISORY SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement ") is made and entered into this day of January, 2014, by and between the CITY OF SANTA ANA, a charter city and municipal Corporation organized and existing under the Constitution and laws of the State of California (herein "City ") and Urban Futures, Incorporated (herein "Consultant"), NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shalt perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Santa Ana and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits. Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement including, but not limited to, registration as a financial advisor with the Securities and Exchange Commission (SEC) and Municipal Securities Rulemaking Board (MSRB). 2.0 CONTINGENT COMPENSATION 2.1 Contract Sinn. Payment to Consultant is contingent upon final bond team and package approval by City Council with regard to the 2004 Water Revenue Bonds issuance, For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference. 2.2 Invoicing. Consultant shall maintain a detailed invoice, in the form approved by City's Finance Director, describing the tasks performed and amount charged for each such task. The City shall review the invoice and pay Consultant the approved, charges no later than thirty (3 0) days following the City Council action referenced above. 3.0 COORDINATION OF WORD 3.1 Representative of Consultant. Michael Busch is hereby designated as being the principal and representative of the Consultant authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith, 25B -25 3.2 Contract Officer, The City Manager of the City of Santa Ana, is hereby designated as being the representative of the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ( "Contract Officer "), The City Manager shall have the right to designate another Contract Officer by providing written notice to the Consultant. 3.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the mariner, mode or means by which the Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent the contractor of the City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City, 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive 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 arnounts 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, slid in the aggregate. 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) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fiilly comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Consultant and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. , Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Said policy shall include coverage for owned, non - owned, leased and hired cars. 25B -26 (d) Professional Liability or Error and Omissions Insurance. A policy of insurance in an amount not less than $1,000,000.00 per claim or as is customary for the work to performed trader this contract with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City, All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers, All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. The Consultant agrees that the provisions of this Section 4,1 shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, imless such requirements are waived by the City Attorney due to unique circumstances, 42 Indemnification. Consultant agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities ") that may be asserted or claimed by any person, fn'm or entity arising out of or in connection with the performance of the work or services of the Consultant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of the Consultant hereunder, or arising from the Consultant's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the sole negligence or willful misconduct of the City. 25B -27 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall begin on the Effective Date and continue in full force and effect until December 31, 2015. There is a one -year option to extend this Agreement subject to approval of both parties. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Consultant shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer, In the event of termination by the City, the Consultant shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and the City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non - liability of City Off cers and Em llooyees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice, Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, Cleric of the Council, City of Santa Ana, 20 Civic Center Plaza (M -30), P.O. Box 1988, Santa Ana, California 92702 -1988, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might 25B -28 otherwise apply. 6.6 Integration, Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severabilitv, In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attome s' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound, 25B -29 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: MARIA D. TVJIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Y Ey: ) t C c9a -2 C Lisa Storek Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager Chief Executive Officer Address: 3111 N. Tustin, Suite 230 Orange, Ca 92965 25B -30 EXI3IBIT "A" SCOPE OF SERVICES The specific tasks to be performed and completed by Consultant in performing the financial advisory services are as provided below in this Exhibit "A ". Consultant shall complete all services under this Agreement within the Term, as described in Section 5, 1, I. Assist in the selection of appropriate team members, such as underwriter, bond counsel, and other members of the financing team (depending on method of sale). 2. Prepare fee comparables necessary to negotiate professional service fees. 3. Identify which bond programs may be appropriate, such as Revenue Bonds and Certificates of Participation (COPS), to name a few. 4. Coordinate review and approval of financing documents with outside State agencies. 5. Evaluate the financing structure, to include debt service schedules; call features; bond security; flow of funds; sources and uses of finds including costs of issuance; underwriters discount and original issue discount; investment of bond proceeds; and estimated positive and negative cash flow to the Client. 6. Assist client staff, underwriters and other financing team members in working with credit rating agencies and financial institutions, and prepare any presentation materials and documentation for rating and credit reviews. 7. Preparation of the necessary financial tables for inclusion in the Official Statement. 8. Work with client staff, bond counsel, disclosure counsel, underwriters and other participants, to review, prepare and advise on information contained in the preliminary and final official statements, Indenture of Trust, fiscal agent agreement, investment agreements, and other legal and disclosure documents and materials required to facilitate the sale of the bonds. 9. Prepare a pre - pricing book and comparable rates and scales to ensure the client is receiving the best yield in the market. 10. Assist in the final closing of the financing and monitor market conditions including interest rate "spreads" between various tax - exempt and taxable securities, up until the actual marketing and pricing of the bonds. 25B -31 EXHIBIT "B" SCHEDULE OF COMPENSATION Proposed F.A. Fee Structure $ 9,000,0013 - $ 5,000,000 = $22,500 .1'aul0'000 - $ 1'000'400 = $25,000 $ 5.10DUOID $ 10.000;000 $ 26f,00 5,000'000 - S 10,000,000 $31,5-00 110.000,000 1 115,000'000 = $ 9'1,500 $ IOM0,000 S 15,000,000 = S Sum 15,0013,000 $ .211,000.1000 S 3B,500 $15,000,1000 $ 210,0100,000 = 543;500 20,0130,0130 $55,50 30,000,000 = $40,000 $ 20,0100=0 $ 30,000,000 49,500 S310100,000 $2'7€ 40,00l $50.500 530,0130,001) $ 410,000,000 555,0010 S 40,000.0ve s 50,000,000 = $ 55,6100 $40,000,000 t 50,000,000 $ 310,000 S SO'Doo'noo $ 60,000,000 = S60,00 $ 50,000,000 $ 60,1300000 $ 64.250 $ 60,000,0010 $ 70,000,000 in $ $4,00 $ 3010001004 $ 7101000'.000 $1519,10,00 $ 7G,0010,0GO 3 80,000,000 = $67,500 $ 70.000,000 $ 80,000,000 $ 71fi,00 $ MIC100,000, $ '90.000,000 = $72,000 S 80,131 $ 00,0MIDOO $75,500 $ 90,000,11300 $100,000,000 = $ 75,000 $ 90,000,000 $ 1100,00,000 $80,000 `Tie RionaGnazu(Moft Rell 19 mUndludad in 0%. obove ddb sli An addi T'I OX00 VAII be : dded 10 the fte lb CoMptina L14F FbMB4 conwasift RAPDA mummingiffim S '1,000,000 S 6,000,000 = $22.500 15,0010,000 S 3G,DM $ 5,0=1300 $ 110,000,000 = $26,5010 $ 5,000'000 10,000,000 = $35,00.(2 $ "10,000,000 $ 'I i = $ 3'l'J $'J 15,1000,1000 = $40,626 $15,000.,000 $ 20.1000,000 = $ 3851100 5'15,000,000 $ 20,1300,1300 $45,500 23,1100.0V0 S '50,000,1001) $46000 $ 20,000,,000 $ 30,000,000 = $51,250 $ 313,000,000 S 40,00MG0 = $50,500 $ 30,000,000 $ 40,0130,000 = 556,000 Si 40,000,00 S 50,0010,0013 $56,500 $40,10OUDID $ 50,000.000 $ 6'1,600 KOMODO S 60.000,000 SGO'Goo $ 50,000,000 $ 64X0,000 $67,000 30,0013,0130 $ 70,000,0130 S 64,001) $ 00,000,000 $ 70,000,000 $72,000 70,000,000 $ 60,000,000 $ 151,500 S 70,000,000 811,060,000- $78,000 80,000,000 90,000,000 $ 712,000 S 80,0013,000 90,000,000 M'i'575 90,000'000 104i,000,000 5 75,000 $ 90,000,000 $ 100 000,04,7 = $90,000 $ 11,00,1100 5 5,000,000 = S27,250 Enterprise Revenue $'ll $ 5,000,1300 S 10,000,000 = $11,500 GOICONI-ease Rel $12,5010i $ 10,000,000 $ 115,000,000 = $39,5110 Special Tax $ 15,000,000 S 20,000,000 $44,50,0 $ 20,000,000 $ X0.000,044 $50,500 i Ill I illM I , $30,0013,0013 S 40,000,1300 = $55,50 $ 40.UDU,OUD $ 160,0130,000 5611,060 CEOIPresidant $2'7€ S 50,000,000 S 60,000,000 = S65,00€7 ManagIng Principal $290 $ 60,000,000 $ 70,000,444 $69,500 Prini $200 $ 70J,0012,000, $ 810,G00,000 F474,000 AsjociaW $'125 580,000;000 1 90,0100,000 = $76,000 Anall 1100 $ a0 004:004 5.100,000,000 $ 032,504 Administrative Assistant SSG 25B-32 PODIUM CITY COUNCIL MEETING DATE: APRIL 1, 2014 AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION — PART -TIME CIVIL SERVICE K �, wk: CLERK�OF COUNCIL • , • • `. f ik ak , CONTINUED TO MWEI[NETINT159. Approve a consolidated Memorandum of Understanding with the Service Employe employment, subject to non-substantive changes approved by the City Manager and C Attorney, through ! 2015. The provisions of this agreement include: 1) Work Schedule: PTCS employees may work an average of 20 -39 hours per week and may not exceed 160 hours in any two consecutive pay periods based on departments' business needs. 2) Salaries: PTCS employees' salaries will be increased 1 % retroactive to 7/1113. 3) CaIPERS: PTCS employees' PERS contribution will be increased by 1% retroactive to 7/1/13. 4) Health Insurance: The City will increase the contribution for Health Insurance to cover 75% of the premium costs for the employee and any dependents. The contribution amount will be set at the 2014 CaIPERS rates or at the rate of the lowest cost HMO, whichever is greater. 25C -1 2014 April 1, Page 2 5) Dental Insurance: The City will contribute up to 75% of the premium costs based on the Met rife HMO plan; the Delta Dental PPO (Single Rate) or the lowest cost dental HMO, whichever is highest. 6) Sick Leave: The provisions set forth in the Full 'Time MOU with respect to the use of sick leave during the Workers' Comp waiting period will be incorporated into the PTCS MOU, 7) Eligibility List: The City will memorialize its practice of submitting names of employees wishing to convert to full -time position to any department hiring for vacancies in the classification. 4) Overtime Definition: The parties agree to delete reference to 8 hours per day threshold for overtime and codify the 40 hours per week threshold. Al 10) Uniform Allowance: Discontinue reporting imputed allowance to CALPERS as compensation-no change in practice of providing uniforms. 11) Joint Labor Management Teams: Add discussion of salary schedule formattstructure to existing listing of teams. FISCAL. IMPACT It is estimated that this agreement will result in $20,000 in Fiscal Year 2013 -2014 and an additional cost of $80,000 in Fiscal Year 2014 -2015. Edward S. aya Executive Director Personnel Services Department 25C -2 { {. JULY 19 2013 - JUNE 309 2015 LETTER OF AGREEMENT CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 PART TIME CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT 25C -3 LETTER OF AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FOR FISCAL YEARS 2013 -14 THROUGH 2014 -15 PART TIME CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION 3 ARTICLE 11 NON - DISCRIMINATION CLAUSE 3 ARTICLE III ATTENDANCE, HOUR LIMITS, AND NUMBER OF EMPLOYEES 3 ARTICLE IV SALARIES 4 ARTICLE V ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 8 ARTICLE VI OVERTIME 18 ARTICLE VII TRAINING & EDUCATIONAL ASSISTANCE PROGRAM - NOT APPLICABLE 20 ARTICLE VIII HOLIDAYS 20 ARTICLE IX VACATION 22 ARTICLE X OTHER LEAVES OF ABSENCE 23 ARTICLE XI EMPLOYEE INSURANCE 27 ARTICLE XII RETIREMENT 28 ARTICLE XIII TOOL REIMBURSEMENT POLICY 30 ARTICLE XIV UNIFORM MAINTENANCE 30 ARTICLE XV SAFETY 30 ARTICLE XVI RESIDENCY 31 ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 32 ARTICLE XVIII UNION RIGHTS 33 ARTICLE XIX DUES DEDUCTION & INDEMNIFICATION 36 ARTICLE XX CITY RIGHTS 37 ARTICLE XXI STRIKES & WORK STOPPAGES 39 ARTICLE XXII LAYOFFS 39 ARTICLE XXIII MISCELLANEOUS PROVISIONS 40 ARTICLE XXIV SOLE & ENTIRE AGREEMENT 45 ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 45 ARTICLE XXVI EMERGENCY WAIVER PROVISION 46 ARTICLE XXVII SEPARABILITY PROVISION 46 ARTICLE XXVIII TERM OF AGREEMENT 46 ARTICLE XXIX RATIFICATION & EXECUTION 46 EXHIBIT A BASIC SALARY & WAGE SCHEDULE 49 EXHIBIT B ASSIGNMENT OF CLASSES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 51 EXHIBIT C RESO 81 -75 57 2 25C -4 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers - Milias -Brown Act, Government Code Section 3500, et sec., the City of Santa Ana (hereinafter called the "City ") has recognized the Santa Ana City Employees Chapter 1939 /Service Employees International Union Local 721 (hereinafter called the "Union ") as the recognized representative of the bargaining unit which includes Part Time Civil Service personnel employed by the City of Santa Ana in classifications listed in Exhibit `B ". 1.2 During the term of this Agreement, no substantive issue of representation shall be raised contrary to this recognition except as provided in Resolution No. 81 -75, the Employer - Employee Relations Resolution of the City of Santa Ana. ARTICLE II 2.0 NON - DISCRIMINATION CLAUSE 2.1 The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin or alienage, sexual orientation, gender identity, gender expression, political or religious opinions or affiliations, or union membership, and that all jobs are open to males and females. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti - discrimination laws. 2.2 Whenever reference is made to the masculine gender, it shall be understood to include the feminine gender, unless expressly stated otherwise. ARTICLE III 3.0 ATTENDANCE, HOUR LIMITS, AND NUMBER OF EMPLOYEES 3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work during hours prescribed by the Department Head or his /her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s). 3.2 Hour Limits. Persons appointed to a Part Time Civil Service position work an average of 20 - 39 hours per week. NOTE: Pay periods for Part Time Civil Service employees nm from the 101 of the month, through the 25th of the same month, and from the 26 °h of the month through the 106' of the following month. 3 25C -5 3.3 Number of Employees. The number of Part Time Civil Service positions during the term of this Agreement shall not exceed: Fifteen (15) in the Library Department Ten (10) in the Parks, Recreation, and Community Services Department Twelve (12) in all other departments Should an adjustment to these numbers be requested by either party during the term of this Agreement, the parties agree to meet and confer regarding this matter. 3.4 Hourly Conversion. Whenever reference is made to a required number of days, months, or years for Full Time Civil Service employees in this Article, an equivalent number of hours shall be substituted to satisfy an equivalent requirement for Part Time Civil Service employees as defined in Section 3.2 of this Agreement. ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all Part Time Civil Service personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by the Union as listed in this Agreement and its attachments. 4.2 Salary Schedule. The basic salary schedule is attached hereto in a matrix format as Exhibit "A" and made a part hereof as though set forth in full herein. Such salary schedule provides numerous salary rate ranges, each comprised of six (6) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "AA" through "E" inclusive, with Step "AA" being the lowest step in the range. For Part Time Civil Service employees, the purpose of each step and length of service required for advancement to the next step within a particular salary rate range is summarized as follows: AA Step - Normal beginning pay rate. A Step - After 1040 hours in next lower step. Also optional hiring rate. B Step - After 2080 hours in next lower step. Also optional hiring rate. C Step - After 2080 hours in next lower step. Also optional hiring rate. D Step - After 2080 hours in next lower step. Is maximum hiring rate. E Step - Merit rate. After 3120 hours in next lower step. Specific regulations governing advancement within salary rate ranges for Part Time Civil Service employees are set forth in Section 4.8 of this Agreement. 4 25C -6 4.3 Salaries. A. Effective July 1, 2013, the base salary of employees covered by this Agreement shall be increased by two (2) salary rate ranges (approximately I%). B. Effective July 1, 2013, Miscellaneous employees covered by this Agreement shall contribute an additional one percent (1 %) of their salary for a total of nine percent (9 %) toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this 1% contribution shall be implemented through payroll deduction on a pre -tax basis. C. The parties agree that the City will not have to issue retroactive checks because the employee's PERS contribution is being increased by the same amount. D. The assignment of classes to salary rate ranges is listed in Exhibit B and made a part hereof as though set forth herein. 4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2 and Exhibit "B" are monthly salary rate ranges. However, all employees working in classifications of employment covered by this Agreement shall be compensated at an hourly rate. The regular rate of pay shall be computed as provided for by the Fair Labor Standards Act (FLSA. Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one -half cent shall fix the rate at the next higher whole cent. 4.5 Probation. The probationary period shall be the hourly equivalent of one (1) year (2080 hours) from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) and the hourly equivalent of six (6) months (1040 hours) from the date of appointment from a promotional eligible list. 4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "AA" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and /or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "A," "B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 5 25C -7 4.7 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full time service or an equivalent number of hours (one (1) year = 2080 hours; six months = 1040 hours) in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1St) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this Agreement, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean separating from Part Time Civil Service City employment altogether, not leaving one position to accept appointment to another position in an unrelated classification outside the career ladder. 4.8 Advancement Within Ranges. A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AA" to Step "A," from Step "A" to Step `B," from Step `B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following the date of completion of the length of service required for such advancement as provided in Section 4.2 and Exhibit A hereof. B. Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and Exhibit A hereof; the effective date of such merit increase, if granted, shall be on the first (lst) day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and /or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with 0 25C -8 specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 4.10 of this Article. C. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion of 520 hours of additional service and shall be reconsidered for such advancement after the completion of 1040 hours of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subparagraph B of this section. 4.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department Head, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.8 above, and such employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 4.8 above. 4.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "AA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AA," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step (approximately 5 %) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step (approximately 5 %) increase. 4.11 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step (approximately 5 %). B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. 25C -9 D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions (Section 4.9, above). 4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differential. Assigmnent pay differentials, as listed herein and throughout the contract, shall, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. Incumbents in the classifications of Senior Office Assistant, Secretary or Executive Secretary who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the work of the position, shall be paid a monthly differential of sixty dollars ($60) above his or her then current base monthly salary step for each full month of such assignment. B. Incumbents in the classifications of Park Maintenance Worker and Park Maintenance Leader who are continuously and regularly assigned to perform duties as a Park Maintenance Planner- Scheduler, shall be paid an assignment pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: twenty (20) salary rate ranges (10 %) for full -time assignment; ten (10) rate ranges (approximately 5 %) for half -time assignment. C. An incumbent in the classification of Senior Office Assistant who is continuously and regularly assigned to operate, and who actually operates, a two -way radio communications base station, shall be paid at a rate set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly salary step. D. Incumbents in the classifications of Fleet Equipment Technician II and III who are assigned to perform repair and maintenance on fire apparatus on a continuous 25C -10 and regular basis, who possess a California State Certification of Fire Mechanic Level I or Level II, shall be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5 %) respectively, for each certification, above his or her then current base monthly salary step. E. Incumbents in the classifications of Fleet Equipment Technician I, II and III who are assigned to perform repair and maintenance on emergency response vehicles, excluding fire apparatus, on a continuous and regular basis, and who possess a nationally recognized certification for Emergency Vehicle Technician Level I or II, shall be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5 %), respectively, for each certification, above his or her then current base monthly salary step. F. Incumbents in the classifications of Fleet Equipment Technician I, II, III, and Fleet Equipment Supervisor, who maintain a valid State of California Class "A" (Commercial) Driver's License and are assigned to an area that requires the possession of a Class "A" license in the course and scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly salary step. G. Incumbents in the classification of Park Maintenance Worker who are regularly and continuously assigned to and actually performing park mowing duties using heavy mower equipment, shall be paid at a rate set twenty (20) salary rate ranges (approximately 10 %) above his or her then current base monthly salary step. H. Incumbents in the classification of Park Maintenance Worker who are regularly and continuously assigned to and actually performing duties as a utilities coordinator shall be paid at a rate set twenty (20) salary rate ranges (approximately 10 %) above his or her then current base monthly salary step. I. Incumbents in the classification of Park Maintenance Worker who are regularly and continuously assigned to and actually perform duties as an irrigation technician shall be paid at a rate set twenty (20) salary rate ranges (approximately 10 %) above his or her then current base monthly salary step. J. Incumbents in the classification of Park Maintenance Worker who are regularly and continuously assigned to and actually perform duties as a pesticide operator shall have the opportunity to earn up to fifteen (15) salary rate ranges (approximately 7.5 %) above his or her then current base monthly salary step for acquisition of the following: Department of Food & Agriculture Qualified Applicator License = five (5) salary rate ranges (approximately 2.5 %); Certificate in Ornamental Horticulture = ten (10) salary rate ranges approximately 5 %. K. Incumbents in the classification of Park Maintenance Worker who maintain a valid Certified Pool Operator license and who are assigned to and actually perform duties as an aquatics technician shall be paid at a rate set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly 9 25C -11 salary step. 5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional unit which includes two (2) or more Part Time Civil Service positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and SEIU and approval of the Department Head and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay." In addition, incumbents in the following classifications who are regularly and continuously assigned to perform lead supervisory responsibilities shall receive lead pay compensation at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step: Buyer, Customer Services Representative, Equipment Operator -Motor Sweeper, Information Services Representative, Librarian, Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator, Graphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior Librarian, Workforce Specialist II, and Workforce Specialist III. An incumbent in the classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities shall receive lead pay compensation at a rate fifteen (15) salary rate ranges (approximately 7.5 %) above his or her then current base monthly salary step. 5.3 Bilingual Pay. An employee who is assigned by a Department Head or his or her designee to a position requiring bilingual capability in both English and either Spanish, Samoan, Vietnamese or other languages designated by the City Manager, shall be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and /or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. A qualified incumbent of such position shall be paid a prorated amount based on $175 per 173.33 hours above his or her then current base hourly salary step. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, shall be designated as Secondary Bilingual Assignments. A qualified incumbent of such position shall be paid a prorated amount based on $40 per 173.33 hours above his or her base hourly salary step for each full month of such assignment. D. The number of such Primary and/or Secondary Bilingual Assignments shall be no 10 25C -12 larger than the requirements of the department as determined by the Department Head and the City Manager. E. There shall be periodic recertification of such bilingual capability. 5.4 Shift Differential. A. Generally. An employee in a class represented by the Union who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one -half (4 %) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5 %) higher than his or her then current base monthly salary step; except, however, such shift pay differential shall not be applicable to employees in the classification of Park Ranger and Supervising Park Ranger. B. Early Morning Street Crews. A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a schedule of work which requires that he or she actually work at least fifty percent (50 %) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5 %) higher than his or her then current base monthly salary step. C. Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Such employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. Water Production staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference shall be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to the $200 per week standby pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty, he shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one -half (T ''/2) per incident. 5.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, full -time, budgeted, higher -level position the following shall apply: 11 25C -13 A. General Guidelines. 1. Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, full -time, budgeted positions due to the termination, promotion or authorized long -term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. 2. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. 3. Prior to recommending to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall make the following determinations: a. The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other employee or employees in the same or higher classification. 4. The City Manager or his designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. B. Eligibility. 1. With the exception of those described in paragraph 3 below, regular, Part Time Civil Service employees shall receive Temporary Upgrade Assignment Pay if the following criteria are met: a. The work assumed encompasses the majority of the typical duties and responsibilities of the vacated position. b. Employees must serve ten (10) consecutively scheduled working days of six (6) hours in an acting capacity to qualify for assignment pay. e. Normally granted holidays will be included in computing actual duty days. 2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. 3. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: 12 25C -14 a. Non - permanent employees (Probationary, Part-time, Seasonal, etc.). b. Employees performing work above their regular class in a training capacity. d. Part Time Civil Service employees. C. Payment. 1. On the eleventh (1111') consecutively scheduled working day an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutively scheduled working day the employee so serves, he or she shall receive the beginning rate (Step "AA ") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (5 %) higher than the current base salary rate he or she normally receives, whichever is greater. If an employee has worked ten (10) consecutive days during the term of this Agreement in a higher classification, the employee shall thereafter receive upgrade pay for each day the employee is assigned to work in the higher classification during the term of this Agreement. Employees must requalify for an upgrade (Temporary Assignment) if the employee has not worked in this specific upgrade assignment for a period of IS consecutive months. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department Head. 2. Special pay differentials, such as shift differential, bilingual pay, special skill pay, etc., being paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, will not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 5.5C above, unless the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee otherwise meets the criteria established for such pay differential. 3. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a Temporary Upgrade Assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be paid only to maintain the minimum five percent (5 %) differential above the salary to which an employee is entitled in his or her permanent position. 13 25C -15 5.6 Assignments - Discretion. All assignments of personnel to positions set forth in Sections 5.1 through 5.5 above shall be made or revoked at the discretion of the Department Head. 5.7 Limitation on Assignment Pay Differentials. Employees covered by this Agreement and already receiving assignment pay under section 5.1 of this article and who continue to meet the qualifications described in the applicable assignment pay provisions of section 5.1 of this article shall continue to receive said pay under the current assignment pay formulas. Current employees who become eligible for, and are assigned, and do in fact begin receiving assignment pay under section 5.1 of this article prior to June 30, 2013, shall continue to receive said pay under the current assignment pay formulas provided they continue to meet the qualifications described in the applicable assignment pay provisions of section 5.1 of this article. Current employees who do not receive assignment pay under section 5.1 of this article prior to June 30, 2013, will not thereafter, be eligible to receive it. Any employee hired after March 1, 2010 shall not be eligible to receive assignment pay wider the assignment pay provisions of section 5.1 of this article. 5.8 Career Development Incentives. Employees hired in a classification which requires an International Code Council (ICC), International Conference of Building Officials (ICBO) or similar nationally recognized certificating organization certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's passage of probation ( "regular appointment "), shall not be eligible for career incentive pay for that prerequisite certificate. However, he or she shall be eligible for career incentive pay for any other certificates approved for his or her classification. In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty -five (25) salary rate ranges (approximately 12.5 %) above his or her then current base monthly base salary step. A. An incumbent in one of the classifications listed below will be paid at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California and valid registration as a Structural Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 10 %) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICC, ICBO, (or similar nationally recognized certificating organization in the areas of accessibility /usability (one specialty area), or residential energy plan check or non - residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: one certificate from one specialty area: five (5) salary rate ranges (approximately 2.5 %); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5 %). o Assistant Engineer I o Assistant Engineer II 14 25C -16 o Senior Assistant Engineer o Senior Engineer, Senior Traffic Engineer, or Senior Civil Engineer o Assistant Engineer - Transportation (T) o Associate Engineer - Transportation (T) o Assistant Plan Check Engineer I o Assistant Plan Check Engineer II o Associate Plan Check Engineer o Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classifications of Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check Engineer, Senior Plan Check Engineer and who, as of December 31, 1987, had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step. However, effective January 1, 1998, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5 %) for any incumbent of said classifications who is issued his or her initial certificate on or after January 1, 1988. C. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the ICBO, ICC, or similar nationally recognized certificating organization in the areas of building inspection, electrical inspection, mechanical inspection, plumbing inspection, combination dwelling inspection, plan examining, accessibility /usability (one (1) specialty area), residential energy plan check, or non - residential energy plan check shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: one certificate from one specialty area: five (5) salary rate ranges (approximately 2.5 %); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5 %); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from the fifth specialty area (total of five): twenty -five (25) salary rate ranges (approximately 12.5 %). o Building Inspector o Senior Building Inspector o Electrical Inspector o Senior Electrical Inspector o Plumbing Inspector o Senior Plumbing Inspector o Combination Building Inspector o Senior Combination Building Inspector o Building Technician o Plan Examiner (T) o Plan Examiner (T) Electrical o Senior Plumbing and Mechanical o Senior Electrical Systems Systems Specialist Specialist D. Incumbents in the classifications of: 15 25C -17 o Community Preservation Technician o Community Preservation Inspector o Senior Community Preservation Inspector o Community Preservation Inspector II (T) Who obtain or possess a valid certificate issued by the ICBO (International conference of Building Officials), ICC (International Code Council), SCACEO (Southern California Association of Code Enforcement Officers), or any similar nationally recognized certificating organization in any four (4) of the following Career Development Incentive areas shall receive incentive pay worth five (5) salary rate ranges (approximately 2.5 %) for each certificate, not to exceed five (5) certificates or a total of twenty -five salary rate ranges (approximately 12.5 %). If an incumbent has obtained four (4) such certificates from the menu below, he or she then shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5 %) pay additive upon completion of both the SCACEO /CACEO Intermediate and SCACEO /CACEO Advanced Certifications: o Building Inspection o Electrical Inspection o Mechanical Inspection o Plumbing Inspection o Combo Dwelling Inspector o Plans Examiner o Zoning Inspection o Property Maintenance and Housing o PC 832 o Basic Module (SCACEO /CACEO) o Accessibility Inspector /Plans Examiner o Permit Technician o Coastal and Floodplain Construction Inspector o Disaster Response Inspector If an incumbent has already completed both the SCACEO /CACEO Intermediate/ and the SCACEO /CACEO Advanced certifications, upon completion of any other four (4) certificates from the menu above, said employee shall be eligible to receive the additional five (5) salary rate ranges (approximately 2.5% total) pay additive for the Intermediate/Advanced certifications. In no event shall the expansion of current certificate pay opportunities result in an employee being eligible to earn more than twenty -five salary rate ranges (approximately 12.5 %) in pay additives for Career Development Incentives above his or her then current base monthly salary step. E. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the ICBO, ICC, or similar nationally recognized certificating organization in the areas of reinforced concrete, structural masonry, structural steel /welding, electrical inspection, plumbing inspection, plans examiner, or C27 16 25C -18 landscape contractors license, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: one certificate from one specialty area: five (5) salary rate ranges (approximately 2.5 %); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5 %); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from a fifth specialty area (total of five): twenty -five (25) salary rate ranges (approximately 12.5 %). o Construction Inspector I o Construction Inspector II F. Any incumbent in the classification of Contracts Administrator who possesses a valid certificate issued by the ICBO, ICC, or similar nationally recognized certificating organization in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: one certificate from one specialty area: five (5) salary rate ranges (approximately 2.5 %); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5 %); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from a fifth specialty area (total of five): twenty -five (25) salary rate ranges (approximately 12.5 %). G. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist, shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly salary step. o Projects Manager o Tree Maintenance Supervisor o Tree Trimmer o Maintenance Worker II (assigned to the tree crew) o Public Works Projects Specialist o Landscape Development Associate H. An incumbent in the classification of Maintenance Worker II (assigned to the tree crew), who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker, shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly salary step. 17 25C -19 5.9 Limitation on Career Development Incentive Pay. Employees covered by this Agreement and already receiving career development incentive pay under section 5.8 of this article and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay under the current career development incentive pay formulas. Current employees who are eligible for, and do in fact begin receiving career development incentive pay prior to June 30, 2012, shall continue to receive said pay under the applicable career development incentive pay provisions of section 5.8 of this article. Current employees who do not receive career development pay prior to June 30, 2012, will not thereafter be eligible to receive it. However, current employees who are eligible to qualify for career development incentive pay under the terns of section 5.8 of this article, and who are awaiting the results of a qualifying examination or other measurement taken prior to June 30, 2012, shall receive career development incentive pay upon confirmation of a passing result. Any employee hired after March 1, 2011, shall not be eligible to receive career development incentive pay under the career development incentive pay provisions of section 5.8 of this article. ARTICLE VI 6.0 OVERTIME 6.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work. 6.2 Definition. Overtime work is defined as: A. That authorized or required time worked in excess of 40 hours per work week. A workweek is a fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 24 -hour periods - as designated by the appointing authority. An employee's work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XX, infra. B. Work on any regularly scheduled non -work day of which there shall be two (2) per week, if work on any regularly scheduled non -work day is worked at management's direction. 6.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual work time, jury /witness leave and bereavement leave. Any combination of these work hours in excess of forty (40) hours per week shall entitle the employee to overtime compensation. [F:l 25C -20 However, paid time off for vacation leave, sick leave, holiday leave, compensatory time off, Union President's Leave and Union Business Leave shall not be credited towards the forty (40) hour workweek, unless the employee is required to work by management. 6.4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one -half (1 11 /z) times the employee's regular rate of pay, subject to the provisions of Subsection "C" below. B. Should the Department Head determine that the best interests of the City will be served thereby, his or her designee may permit an employee to be compensated for overtime work by taking paid compensatory time off at the rate of one and one -half (1 11 /z) times the employee's regular base rate of pay. C. Employees shall have the option to convert a maximum of eighty (80) hours of time and one -half (1 ' /z) paid overtime (in compensation for 53 1/3 overtime hours worked) to time and one -half (1 1 /z) compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee subject to the operational needs and staffing requirements of the department. D. Time off with pay to compensate for overtime worked may be accumulated to a maximum of eighty (80) hours. E. Because each hour of overtime worked is programmatically accrued on a time and one -half (1 11 /z) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight -time basis. Also, upon termination, any earned, unused compensatory time off ( "time -on- the - books ") will be paid on a straight -time basis. F. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (' /z) hour. G. If compensatory time off is used in excess of that available, such excess compensatory time off will be deducted from the next scheduled wage or salary payment. H. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. I. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be 19 25C -21 compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, vacation, and sick leave accrual), toward the completion of probationary period or to progression within a salary rate range. 6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call -Back Duty. Any employee covered by this Agreement who is recalled to active duty from off -duty, shall be entitled to overtime pay at the rate of one and one -half (1 1 /z) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot or other catastrophe or emergency which directly affects City operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all Part Time Civil Service employees of the City to work overtime or off -shift as he or she shall determine to protect life and property within the City. 6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this Agreement; however, no such changes shall be made except on mutual agreement. ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM (NOT APPLICABLE) ARTICLE VIII 8.0 HOLIDAYS 8.1 Legal holidays observed by Part Time Civil Service permanent and probationary employees of the City of Santa Ana are as follows: o January I - New Year's Day. o Third (3`a) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. 20 25C -22 • Third (3`d) Monday in February - In memory of Presidents' Day. • Last Monday in May - In commemoration of Memorial Day. • July 4th - In observance of Independence Day. • First (1st) Monday in September - In observance of Labor Day. • November 11th - In observance of Veteran's Day. • Fourth (4t) Thursday in November - In observance of Thanksgiving Day. • The Friday immediately following Thanksgiving Day. • Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. • December 25th - In observance of Christmas Day. • One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. • Every day proclaimed by the Mayor of the City as a holiday for City employees. • Any holiday which falls on a Sunday will be observed on the following Monday. • Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 8.2 Each Part Time Civil Service employee shall be entitled to receive pay for six (6) hours for each of the holidays specified in 8.1 above. This shall equate to a total of 72 hours per calendar year. 8.3 A newly appointed employee must actually work at least one (1) day preceding the day a holiday listed in Section 8.1, supra, actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 8.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous Part Time Civil Service in order to receive credit for the Floating Holiday listed in Section 8.1 above. 8.4 Holiday benefits may not be carried over from one (1) calendar year to the next. 21 25C -23 ARTICLE IX 9.0 VACATION 9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 9.2 Administration. A. Part Time Civil Service employee's shall earn six (6) hours per month of vacation, for a total maximum accrual of 72 hours per year. B. A Part Time Civil Service employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no Part Time Civil Service employee shall be entitled to or receive payment for any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (1") day of the month following completion of six (6) months of continuous Part Time Civil Service, an employee may be allowed to take all, or a proportionate fraction of, his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Limit: The maximum total accumulation of vacation leave with pay shall be two hundred (200) hours. Vacation time off may be taken in increments as small as one -half (Yz) hour with fractional usage rounded upward to the next higher multiple of one -half ( %2). E. Computation of Regular Vacation. 1. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee shall have the right to accumulate or split his or her vacation, but the same may be allowed or required by the Department Head. The time at which an employee shall take his or her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for operational needs. 9.3 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salary payment. 22 25C -24 9.4 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for regular vacation accrual purposes. ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave at the prorated amount based on hours worked will be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) used sick days recredited to his or her account. Paid sick leave at the prorated amount will continue until the fourth (4`h) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. Commencing with Council approval of this Agreement, the City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Administration. Part Time Civil Service employees shall earn six (6) hours per month of sick leave, for a total maximum annual accrual of 72 hours per year. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: 1. Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of actual sickness and disability, or necessity, as authorized in Subsection J below. 23 25C -25 D. Limit. The total maximum accumulation of sick leave with pay shall be 200 hours. Sick leave usage of less than a full day shall be charged in minimum increments of one -half (' /z) hour, with fractional usage rounded upward to the next higher multiple of one -half (' /z). E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided that the employee has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Accrued Compensatory Time Off. After an employee's sick leave has been exhausted, he or she may be granted permission to use any unused compensatory time off benefits or unused vacation leave. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee must present to his or her Department Head a physician's certificate stating that, in the physician's opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the Executive Director of Personnel Services with the report of the employee's return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self - inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave will first be deducted from any available compensatory time off benefit; second, deducted from vacation leave; third, from the next scheduled salary payment. J. Necessity am. Each employee shall be afforded the opportunity to use up to 36 hours of sick leave per calendar year, on a non - cumulative basis, as personal 24 25C -26 necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent -in -law, spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and /or other matters. This 36 hours of personal necessity leave also may be used: a) to attend to a serious accident to a member of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; or d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty. 10.2 Military A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided by law. B. Temporary. Members of the reserve forces of the United States or the National Guard granted temporary leave when ordered to duty will be granted leave with pay not to exceed thirty (30) working days in each calendar year after the hourly equivalent of one (1) year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.3 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or non- party witness in any court action, he or she shall be allowed to leave for the time actually required for such service, not to exceed six (6) hours per day, without loss of pay. Each on -duty employee called for such service shall present to his or her Department Head for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 10.4 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required. 10.5 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from service; provided, however, if upon return to duty the person so absenting himself or herself makes an explanation 25 25C -27 satisfactory to the Department Head regarding the cause of his or her absence, the Department Head may restore him or her to his or her position, with the City Manager's approval. 10.6 Authorized Absence Without Pay — Short Term. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Department Head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 10.7 Authorized Absence Without Pay — Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Department Head recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year leave of absence without pay. An employee returning to duty with the City shall inform the Department Head and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) month period, or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Department Head will take steps necessary to restore the employee to his or her former position. 10.8 Pregnancy Disability. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery there from. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability if substantiated by a physician's certificate. Employees may take an unpaid leave of absence during pregnancy disability consistent with the law. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she will take the leave and the estimated duration of the leave. Health and welfare insurance coverage will be continued only if the employee continues to pay a cash premium to continue coverage while on a leave of absence without pay. 10.9 Family Medical Leave Act. The City shall comply with all applicable provisions of the Family Medical Leave Act (FMLA). 26 25C -28 10.10 Bereavement Leave. A. An employee shall be granted up to three (3) working days' leave of six (6) hours each without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: 1. Any member of the employee's household related by blood or marriage; 2. A parent, parent -in -law, stepparent, spouse, registered domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, grandparent, or grandchild of the employee, regardless of residence; Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and /or matters of estate. B. An employee may use up to twelve (12) hours of additional leave charged to their Personal Necessity Leave balance when authorized by the Department Head. 10.11 Industrial Leave. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. ARTICLE XI 11.0 EMPLOYEE INSURANCE 11.1 Health Insurance. Part Time Civil Service employees shall be eligible to participate in the City's medical, dental and vision insurance programs only. A. Effective as soon as practicable following approval of this agreement by the City Council, the City will increase the contribution for Health Insurance to cover 75% of the premium costs for the employee and any dependents. The contribution amount will be set at the 2014 Ca1PERS rate for the lowest cost HMO or at the rate of the lowest cost HMO for the Other Southern California region whichever is greater. B. PTCS employees will be allowed to enroll in the City's Dental Insurance program. The City will contribute up to 75% of the premium costs (for each tier of coverage) if enrolled in the Met Life HMO plan or the lowest cost dental HMO Plan whichever is highest; if enrolled in the Delta Dental PPO the City will contribute 100% of the premium costs for employees enrolled in Single coverage. 27 25C -29 11.2 Long -Term Disability (L.T.D.) Insurance. The City shall allow employees, for the term of this Agreement, to participate in any aspect of the Plan offered to the City at the City rate. The cost for this benefit shall be borne by the employee. 11.3 Life Insurance. The City shall allow employees, for the terin of this Agreement, to participate in any aspect of the plan offered to the City at the City rate. The cost for this benefit shall be borne by the employee. 11.4 Vision Plan. The City shall offer a non - contributory vision plan through payroll deduction for employees wishing to participate in such a plan. 11.5 Insurance Committee. When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shall have an equal number of representatives as the City on such a committee to meet as necessary. ARTICLE XII 12.0 RETIREMENT 12.1 General. The terms of the existing contract between the City and the California Public Employees' Retirement System (CaIPERS) governing City retirement benefits for affected employees are incorporated by reference herein. Each Part Time Civil Service employee shall be a member of the CalPERS system, and the City shall make contributions to Ca1PERS in accordance with its contract with CalPERS for affected employees covered by said contract as amended. 12.2 Deferred Retirement. The City will continue to make payments to CalPERS on behalf of each employee covered by this agreement, in an amount necessary to pay 100% of his or her individual employee retirement contribution which is equal to eight percent (8 %). Such payments shall be credited to the individual employee's CalPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus, will not withhold federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation and not ordinary income. In the event that the City receives a ruling on or after July 1, 2009 from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue, and in place thereof, the base salary of each employee shall be increased forthwith by sixteen (16) salary rate ranges (approximately 8 %) after January 1, 2009. For the purpose of reporting an employee's compensation to CalPERS, the City shall include these payments as if they were a part of the employee's base salary. 28 25C -30 12.3 2.7% at 55 Retirement Benefit. Effective January 1, 2009, the City amended its retirement contract with Ca1PERS to provide Classic Miscellaneous employees covered by this Agreement with the 2.7% at 55 Service Retirement benefit. Pursuant to Ca1PERS regulations, this formula applied to employees who were -in active status on that date Payment of 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members, Effective July 1, 2013, Miscellaneous employees covered by this Agreement shall pay nine (9 %) percent of their salary to pay for the employer portion of the City's Ca1PERS contribution. This payment shall be paid in accordance with Government Code section 20516(f) as set forth in Article IV, Section 4.313. and C. Pre - taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deduction as a pre -tax contribution. 12.4 Credit for Unused Sick Leave. Effective as soon as practicable following Council approval of this Agreement, an employee covered by this Agreement can have unused, accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each eight (8) hours of unused sick leave. 12.5 Military Service Credit as Public Service. Effective as soon as practicable following Council approval of this Agreement, an employee covered by this Agreement may elect to purchase up to four (4) years of service credit for any continuous active military, Reserve Forces, National Guard or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. 12.6 For "New Members" within the meaning of the California Public Employees' Pension Reform Act ( PEPRA) of 2013 The PEPRA went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Retirement Formula: Per Government Code Section 7522.20(a), the 2 %@ 62 retirement formula for non -sworn. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. Effective July 1, 2013, employees shall pay one half of the normal cost rate, as established by CalPERS. 12.7 Effective July 1, 2013 (or the first pay period following council approval), the Uniform allowance will be discontinued and the City shall no longer report to Ca1PERS any 29 25C -31 portion of said uniform allowance as constituting compensation for the employee. ARTICLE XIII 13.0 TOOL REIMBURSEMENT POLICY 13.1 Employees classified as Fleet Equipment Technician I, II, or III, or Fleet Equipment Supervisor shall continue to provide such tools as are ordinarily used in the trade which shall be the personal tools of the mechanic. The City will continue with one (1) or more vendors an account(s) for said employees who have at least one (1) year of service in such classifications. Such employees shall be allowed up to $900 per fiscal year with such vendor(s) in order to purchase tools which, in the sole determination of the Fleet Services Manager, are necessary for the performance of such employee's job duties. The City's policy and procedure for the replacement of stolen tools shall be the same as it existed prior to the effective date of this Agreement. The City shall bear no liability or responsibility for such tools except as provided in this Section. ARTICLE XIV 14.0 UNIFORM MAINTENANCE 14.1 All employees who are required by the City to wear a uniform while on duty shall continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. All field /yard maintenance, custodial and equipment repair employees shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee. All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided three (3) sets of uniforms made of dacron and one (1) wool sweater. The Union agrees that any such employee who wishes to be provided with one (1) or more additional clean sets per week above the amounts specified above will be required to pay the extra cost incurred for such additional set(s). ARTICLE XV 15.0 SAFETY 15.1 General. The City and the employees of the City agree to comply with all applicable Federal, State and local laws and the City of Santa Ana regulations, which relate to health and safety. 15.2 Central Safety Committee. Part Time Civil Service employees are eligible to serve on the City's Central Safety Committee. However, in no case shall the total number of SEIU members (both Full Time and Part Time Civil Service) exceed two (2) representatives and two (2) alternates. 30 25C -32 15.3 Safety Shoes. A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per affected employee, for the purchase and /or repair of approved safety shoes/boots. The option of purchase and /or repair shall be at the sole discretion of the employee. B. All safety shoes/boots purchased under this program must have steel reinforced toes and insteps and bear the official stamp of approval from the American National Standards Institute (ANSI), z -41. C. If a particular class of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that class to wear the type of safety shoe (boot or low- quarter) deemed to be appropriate by the Department Head. (Some exemptions may be allowed, on a case -by -case basis, depending on the type and amount of exposure to hazard in particular positions and subject to the approval or disapproval of the City's Safety Officer). D. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. ARTICLE XVI 16.0 RESIDENCY 16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa Ana so long as such residency is not an unreasonable distance from, nor requires an unreasonable response time to, the particular employee's place of employment. It shall not be deemed an unreasonable distance within the meaning of this section if the employee resides within the area of a circle drawn with the City Hall of the City of Santa Ana as the center and the radius of which extends to the southernmost point of the County of Orange, or if the employee otherwise resides within 25 miles of regularly scheduled Metrolink, bus, or other common carrier transportation service to Orange County. A. Any employee desiring to take advantage of the opportunity to reside outside of the area stated within this section shall first request permission to do so from the Department Head. Said request shall be granted by the Department Head if he or she determines the intended residence is not an unreasonable distance from and /or does not require an unreasonable response time to the employee's place of employment. B. If the Department Head refuses the said request, the employee shall have a right to appeal said determination to the City Manager. 31 25C -33 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. 17.2 Informal Process - First Step A. An employee and /or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) working days a mutually acceptable solution has not been reached at the informal level, the employee and /or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this Agreement. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and /or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and /or 32 25C -34 the employee's designated representative within ten (10) working days after said meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and /or his or her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and /or the employee's designated representative within fifteen (15) working days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered in writing, to the employee and /or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision, shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. 17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE XVIII 18.0 UNION RIGHTS 18.1 Release Time for Union Grievance Representatives. The Union shall have the right to appoint /elect a reasonable number of representatives who are recognized by the City as officers or worksite leaders /stewards. A. Such reasonable number of worksite leaders /stewards recognized by the City and specified within the Full Time SEIU MOU shall be increased by one (1) for the Part Time Civil Service category of employment, to a total of 16. B. The City's Executive Director of Personnel Services shall be provided with a list of names and classification titles of the Union's officers as set forth in the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721 Bylaws, as well as the names and classification titles of all worksite leaders /stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days. 33 25C -35 C. During the tern of this Agreement, the City agrees to grant up to a total of two hundred (200) hours per fiscal year on a non - cumulative basis to enable the officers and worksite leaders /stewards to assist other bargaining unit employees in processing grievances under the Grievance Review Procedure; provided, however, that such officers and worksite leaders /stewards shall make advance arrangements with their supervisors prior to absenting themselves for such purpose. The officers and worksite leaders /stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the Agreement. D. Union Business Leave Time. In addition to the two hundred (200) hours per fiscal year provided by the City on a non - cumulative basis, officers and worksite leaders /stewards shall be granted an additional three hundred (300) hours per fiscal year on a non - cumulative basis paid by the Union from the bank of hours or directly by the Union. The purpose of this additional three hundred (300) hours per fiscal year shall be to enable the officers and worksite leaders /stewards to assist the bargaining unit employees in processing grievances under the Grievance Review Procedure and for union activities which may include conventions, seminars and meetings. However, such officers and worksite leaders /stewards shall make arrangements with their supervisors prior to absenting themselves for such purposes. The officers and worksite leaders /stewards shall be required by the City to record and report to their supervisors on the work time spent on Union business. Time spent by officers or worksite leaders /stewards on Union Business leave time, under this Letter of Agreement, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act. E. If, at some point in the future, the President for the SEIU bargaining unit is elected from the Part Time Civil Service category of employment, then all rights and privileges pertaining to President's leave shall apply. 18.2 Worksite Access. A. Officers, worksite leaders /stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite. B. Such visits shall not disrupt the work of City employees, interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold a meeting before or after work or during lunch periods. If the City facility provided the Union as an alternate meeting site during non - working hours is a 25C -36 public meeting room, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. C. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, preparation of petitions, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. D. Officers and employees may perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City. 18.3 Release Time for Employee Representatives. A. In the event that the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of the Union shall be allowed reasonable time off without loss of compensation or other benefits. B. Such officers and employee representatives shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. 18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions: A. Materials posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters. B. Material posted shall not be derogatory to the City, City employees or other employee organizations. C. All materials shall be dated, identify the Union and bear the signature of the authorized representative(s) of the Union responsible for their issuance. D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Union materials. 35 25C -37 E. If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. F. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. 18.5 Use of City Facilities. The City shall allow the Union to conduct meetings in the City's public meeting rooms during non - working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities; provided, however, the Union shall not be permitted to use City facilities to discuss or present any matter that is prohibited by State law or the City Charter. ARTICLE XIX 19.0 DUES DEDUCTION & INDEMNIFICATION 19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Union, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Union within thirty (30) calendar days following their deduction. 19.2 Agency Shop. A. All employees represented by the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721, AFL -CIO, shall, as a condition of continuing employment become and remain members of the Union or shall pay to the Union a service fee in lieu thereof. B. Any employee hired by the City subject to this Memorandum of Understanding shall be provided, through the Personnel Services Department, with an authorization form for the deduction of Union dues. Said employee shall have thirty (30) working days following the initial date of employment to fully execute the authorization form of his or her choice and return said form to the Agency/Department payroll section. The effective date of Union dues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. C. Any employee of the City subject to this Memorandum of Understanding who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations Board, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a kro 25C -38 charitable contribution equal to the service fee in lieu of Union membership or service fee payment. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager or his or her designee. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. For purposes of this section, charitable deduction means a contribution to one of three non - profit organizations, with the United Way being one of them. The Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721, AFL -CIO, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop provisions herein. In no event shall the City be required to pay from its own funds, Union dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. ARTICLE XX 20.0 CITY RIGHTS 20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and /or change the facilities, methods, technology, means, and size 37 25C -39 of the workforce by which the City operations are to be conducted. H. To detennine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non - disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this Agreement. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non - disciplinary reasons in accordance with this Agreement. O. To determine policies, procedures, and standards for selection, training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. 38 25C -40 ARTICLE XXI 21.0 STRIKES & WORK STOPPAGES 21.1 Prohibited Conduct. A. The Union, its officers, agents, representatives, and /or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out, or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014. 21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1, Subsection A above of this Article, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in the conduct prohibited in said Section 1, Subsection A above, and return to work. ARTICLE XXII 22.0 LAYOFFS 22.1 The City agrees to inform the Union as soon as possible if and when a decision is made to reduce positions represented by the Union through layoff. If it is decided to contract out work, the City shall provide the Union reasonable notice of the decision; meet and confer with the Union over the impact of the decision; will seriously consider reasonable alternatives provided by the Union; and if any bargaining unit member is laid off as a result of the decision, the City shall make a reasonable effort to place said employee with the contracting company. 22.2 In the event of a reduction -in- force, part time employees in any City office, activity or department shall be laid off prior to laying off Part Time Civil Service Employees as above defined. Wherever possible, Part Time Civil Service Employees in the classification shall be laid off prior to Full Time employees in the same classification. 22.3 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one (1) employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined in this Article XXII shall be subject to the grievance procedure. 39 25C -41 A. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. B. In lieu of layoff, an employee may elect to work in a lower classification, in which he has served, providing that classification is within the same job family /career ladder. In that event, the employee's length of service in the next lower classification will be added to his length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. C. The reemployment list shall be valid for one (1) year from the date of its establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Committee will determine Job Family /Career Ladder, 22.4 A bargaining unit employee who is laid off from Part Time Civil Service employment pursuant to this Article, may be granted a temporary appointment to a vacant Part Time Civil Service position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or one (1) year following the initial day of such temporary appointment, whichever occurs first. 22.5 Effective upon Council approval of this Agreement, the City agrees there shall be no layoffs of members of this bargaining unit (PTCS) through December 31, 2011. ARTICLE XXIII 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and class titles of bargaining unit employees who have separated from City service, and the names and class titles of bargaining unit employees who have been hired. The Union agrees to pay the City's cost of producing said list(s). A complete list of bargaining unit employees and their addresses will be provided to the Union once every fiscal year. 23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City. 23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic medical condition or M 25C -42 injury, the City and Union agree to implement a Catastrophic Leave Donation Program. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non - industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee's becoming eligible for the L.T.D. benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. 1. Employees may donate vacation, compensatory time, or one (1) in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two week period to submit donations. Donations received after this two week period shall not be processed. The two week period for each case shall be designated by the Department Head or his or her designee as provided herein below. 3. Donations shall be for a minimum of two (2) hours and a maximum of six (6) hours per donor. All donations must be made in two (2) hour increments, except in lieu holidays must be for six (6) hours. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave. B. Eliig bility. Part Time Civil Service employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: 1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, and vacation will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an 41 25C -43 estimate of the time the employee will be unable to work. C. Procedure. 1. Upon receipt of a valid request for donations from an eligible employee, the Department Head or his or her designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: a. His or her name, department name, and employee number; b. The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; C. The name, department and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the two (2) week donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A, herein. 5. The City shall add the donated time to the recipient's sick leave account. In no event shall the total time credited to an employee's sick leave balance exceed 200 hours, pursuant to Article X, Section 10.1.D. 23.4 Full Time Eligible Lists. 'Part Time Civil Service employees, upon their written request, shall be placed on the Full Time transfer eligible list for the classification in which they are employed. City will submit names of employees wishing to convert to full -time position for consideration to any Department hiring for vacancies in the classification. Certification from that list shall be in accordance with all existing Civil Service rules. 23.5 Joint Labor - Management Teams. The City and the Union agree to form Joint Labor - Management teams for the purpose of exploring issues of mutual concern. Each team 42 25C -44 shall be comprised of an equal number of labor and management employees and shall be chaired by the Executive Director of Personnel Services or his/her designee. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold an initial meeting no sooner than one (1) month from the date of ratification of this Agreement and upon the Union's written request to meet to determine team composition, frequency of meetings and meeting schedules. A. The teams to be formed are: 1. Job Classification Studies (for purposes of identifying positions in which the duties and responsibilities have increased in complexity as a result of City restructuring/job consolidation occurring during the tern of the expiring 2004 -10 MOU or during the tern of the current 2010 -13 MOU to determine if positions or job families would be appropriate for job classification studies where previously existing positions have been eliminated and /or removed from the list of budgeted positions and higher -level job duties reassigned to or absorbed by other classified positions). For purposes of this section, classification reviews will be conducted pursuant to Section 23.7 (A -E). 2. Web Page Hosting (for purposes of developing a City- hosted web page presenting explanatory information regarding employee compensation, including illustrated explanation of employee payroll statements to assist mortgage services and other similar persons engaged in qualifying employees for loan modifications through either lender or governmental loan modification programs). 3. The potential implementation of a new city -wide salary matrix B. Previously authorized teams to be reconvened as needed: 1. Career Ladder /Job Family (for the purpose of developing career ladder /job family series to be used in promotions or in the event of layoffs. 23.6 Performance Appraisals. Non - probationary performance appraisals not completed within six (6) months of the due date shall be stayed and the employee shall next become subject to evaluation upon the end of the evaluation period next following, provided that merit advance performance appraisals shall be completed in accordance with Article IV, section 4.8. 23.7 Request for Classification Review. Any employee who, for a continuous period exceeding one (1) year, believes he or she is regularly and consistently performing duties and /or responsibilities not in conformance with their classification concept, or duties and /or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head. The employee must submit their request on a form specified by the Executive Director of Personnel Services, outlining in writing how they believe their current duties and /or responsibilities differ from their classification concept. 43 25C -45 A. The Department Head will review the employee's submitted request and within sixty (60) days will make one of the following determinations: 1. Will support the employee's request. a. If the Department Head supports the employee's request for a classification review, he or she shall forward the request to the Executive Director of Personnel Services along with justification for support of the employee's request. b. The Department Head shall notify the employee that his or her request has been submitted to the Executive Director of Personnel Services. 2. Will not support the employee's request. a. If the Department Head does not support the employee's request for a classification review, he or she shall notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, he or she can do the following: i. Return the employee to performance of the duties and /or responsibilities of their proper classification. ii. Eliminate the higher duties and /or responsibilities being performed by the employee, for which the City has agreed are those for which it shall provide higher compensation. B. Any employee request for classification review approved by the Department Head shall be forwarded to the Executive Director of Personnel Services. The Executive Director of Personnel Services shall confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director of Personnel Services shall notify the employee and Department Head of the decision as to whether a study will be conducted. If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director of Personnel Services shall so notify the employee and the Department Head in writing and shall provide the employee and Department Head with an approximate start date for the study. C. All determinations of the Department Head and the Executive Director of Personnel Services are final. 44 25C -46 D. All studies and study findings shall require City Manager approval before proceeding. E. All recommendations resulting from study findings require the approval of the City Council and shall be implemented in accordance with the City's Civil Service rules. ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 It is understood and agreed that the parties to this Memorandum of Understanding are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer - Employee Relations Resolution ( #81 -75). It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and /or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with Federal or State law or the City Charter. The City will continue to provide employees covered by this Agreement a reduced size copy of this Agreement and its attachments and including a section containing the Employer - Employee Relations Resolution of the City of Santa Ana. 24.2 Notwithstanding the foregoing, there exists within the City personnel rules and regulations and departmental rules and regulations. These rules and regulations shall be continued to the extent they do not contravene specific provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to contravene specific provisions of this Agreement. ARTICLE XXV 25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 25.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement. 45 25C -47 ARTICLE XXVI 26.0 EMERGENCY WAIVER PROVISION 26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Agreement will be reinstated immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Agreement during the course of the emergency. ARTICLE XXVII 27.0 SEPARABILITY PROVISION 27.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered herewlder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. ARTICLE XXVIII 28.0 TERM OF AGREEMENT 28.1 The term of this Agreement shall be from July 1, 2013 through June 30, 2015. ARTICLE XXIX 29.0 RATIFICATION & EXECUTION 29.1 The City and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Union acknowledge that this Letter of Agreement shall not be in full force and effect until ratified by the membership of the Union and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Letter of Agreement is hereby executed by the authorized representatives of the City and the Union and entered in to this day of 31st day of January, 2014. ,1 25C -48 CITY OF SANTA ANA, a municipal corporation of the State of California Dated:,__ By: Dated: Mayor Un City Manager Dated: _ By: __ _ Executive Director of Personnel Services ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: 47 25C -49 This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721. Jaime Lopez President SEIU Local 721 Santa Ana Chapter Angelo Giron PTCS Member SEN Local 721 Santa Ana Chapter 48 25C -50 Bob Hunt Negotiator SEN Local 721 EXHIBIT A Page 1 oft The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each comprised of six pay steps or rates for SEIU employees. The salary rate ranges are identified by a three digit number and steps by letters AA, A to E inclusive. For SEIU Part Time Civil Service employees, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: Purpose: AA Step - Normal beginning pay rate. A Step - Automatic Increase. Also optional hiring rate. B Step - Automatic Increase. Also optional hiring rate. C Step - Automatic Increase. May also be maximum hiring rate for certain classes D Step - Automatic Increase, and is maximum hiring rate. E Step - Merit Rate. Required Length of Service for Part Time Civil Service Employees: AA to A - After 1040 hours' completed service. A to B - After 2080 hours' completed service. B to C - After 2080 hours' completed service. C to D - After 2080 hours' completed service. D to E - After 3120 hours' completed service. In the following salary schedule matrix, each salary range is identified by a three digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three digit range number locates the "AA" step of the range, which is the first of the 6 steps. Steps "A," `B," "C," "D," and "E" are found in the column directly below the "AA" step. For example, the "AA' step of Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The "AA" step of $1476 has the remaining steps shown directly beneath it; thus the full, six step range is 1476- 1549 - 1627- 1708- 1793 -1883. In the same number, Range No. 455 is found to be 1921- 2017- 2118 - 2223 - 2334 -2451. SALARY SCHEDULE MATRIX 25C -51 0 1 2 3 4 5 6 7 8 9 35 1151 1156 1162 1168 1174 1180 1185 1191 1197 1203 36 1209 1215 1221 1227 1233 1239 1245 1251 1258 1264 37 1269 1275 1281 1288 1294 1301 1307 1314 1320 1327 38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393 39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 49 25C -51 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6416 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 50 25C -52 EXHIBIT B SANTA ANA CITY EMPLOYEES CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, AFL -CIO FOR FISCAL YEARS JULY 1, 2013 THROUGH JUNE 30, 2015 7/1/2013 RANGE JOB TITLE NO. ACCOUNTANT I 644 ACCOUNTANT 11 672 ACCOUNTING ASSISTANT 593 ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 593 ACCOUNTS PAYABLE SUPERVISOR 647 ASSISTANT BUYER 608 ASSISTANT ENGINEER 1 712 ASSISTANT ENGINEER 11 726 ASSISTANT FLEET EQUIPMENT TECHNICIAN 588 ASSISTANT INSTRUMENT TECHNICIAN 619 ASSISTANT LIBRARIAN 602 ASSISTANT PARKS /LANDSCAPE PLANNER 653 ASSISTANT PLAN CHECK ENGINEER 1 712 ASSISTANT PLAN CHECK ENGINEER II 726 ASSISTANT PLANNER 1 653 ASSISTANT PLANNER II 673 ASSISTANT TRAFFIC OPERATIONS ENGINEER 726 ASSOCIATE PARK AND LANDSCAPE PLANNER 703 ASSOCIATE PLAN CHECK ENGINEER 741 ASSOCIATE PLANNER 703 BIBLIOGRAPHIC TECHNICIAN 592 BUILDING INSPECTOR 653 BUILDING MAINTENANCE AIDE 571 BUILDING MAINTENANCE SUPERVISOR 663 BUILDING MAINTENANCE TECHNICIAN 611 BUILDING TECHNICIAN 605 BUSINESS TAX COLLECTOR /INSPECTOR 617 BUYER 657 BUYERISYSTEMS TECHNICIAN 657 CENTRAL SERVICES SUPERVISOR 617 COMBINATION BUILDING INSPECTOR 653 COMMUNITY DEVELOPMENT ANALYST 668 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 589 COMMUNITY DEVELOPMENT DISTRICT MANAGER 723 COMMUNITY DEVELOPMENT TECHNICIAN 622 COMMUNITY PRESERVATION INSPECTOR 653 COMMUNITY PRESERVATION TECHNICIAN 605 COMMUNITY SERVICES SUPERVISOR 693 COMPUTER OPERATOR 617 COMPUTER PROGRAMMER 660 COMPUTER SYSTEMS ANALYST /PROGRAMMER 680 51 25C -53 CONSTRUCTION INSPECTOR 1 653 CONSTRUCTION INSPECTOR 11 663 CONTRACTS ADMINISTRATOR 653 CORRECTIONAL RECORDS SPECIALIST 554 CUSTODIAL AIDE /PORTER 516 CUSTODIAN SUPERVISOR 598 CUSTODIAN 546 CUSTOMER SERVICE REPRESENTATIVE 601 DATA ENTRY OFFICE ASST 571 DATA ENTRY OPERATOR 562 DATA ENTRY SPECIALIST 571 DEPUTY CLERK OF THE COUNCIL 612 ECONOMIC DEVELOPMENT AIDE 622 ECONOMIC DEVELOPMENT SPECIALIST 1 673 ECONOMIC DEVELOPMENT SPECIALIST 11 703 ECONOMIC DEVELOPMENT SPECIALIST 111 733 ELECTRICAL INSPECTOR 653 EMPLOYMENT SERVICES FISCAL SPECIALIST 644 ENGINEERING AIDE 607 ENVIRONMENTAL COORDINATOR 703 EQUIPMENT OPERATOR - WATER SERVICES 617 EQUIPMENT OPERATOR 612 EXECUTIVE SECRETARY 610 FACILITIES SUPERVISOR 663 FLEET EQUIPMENT SUPERVISOR 677 FLEET EQUIPMENT TECHNICIAN 1 618 FLEET EQUIPMENT TECHNICIAN 11 638 FLEET EQUIPMENT TECHNICIAN 111 653 FLEET PARTS SPECIALIST 628 GENERAL MAINTENANCE AIDE 571 GENERAL MAINTENANCE LEADER 632 GENERAL MAINTENANCE SUPERVISOR 663 GENERAL MAINTENANCE WORKER 611 GIS ADMINISTRATOR 698 GRAPHICS DESIGNER 1 614 GRAPHICS DESIGNER II 634 HOUSING AUTHORITY AIDE 544 HOUSING AUTHORITY ANALYST 670 HOUSING AUTHORITY COORDINATOR 733 HOUSING AUTHORITY INTAKE SPECIALIST 559 HOUSING AUTHORITY OPERATIONS SUPV. 691 HOUSING PROGRAMS AIDE 582 HOUSING PROGRAMS ANALYST 691 HOUSING PROGRAMS COORDINATOR 733 HOUSING SPECIALIST 1 592 HOUSING SPECIALIST II 616 INFORMATION SERVICES REPRESENTATIVE 606 INSTRUMENT TECHNICIAN 633 INTAKE SPECIALIST 559 52 25C -54 LANDSCAPE DEVELOPMENT ASSOCIATE 703 LEAD ACCOUNTING ASSISTANT 627 LEAD CORRECTIONAL RECORDS SPECIALIST 596 LEAD POLICE RECORDS SPECIALIST 606 LIBRARIAN 642 LIBRARY AIDE 499 LIBRARY SERVICES ASSISTANT 544 LOAN SPECIALIST 643 MAIL CLERK/MESSENGER 525 MAINTENANCE ASSISTANT 546 MAINTENANCE WORKER I 566 MAINTENANCE WORKER II 586 METER READER COLLECTOR 592 MICRO SYSTEMS PROGRAMMER 688 MICRO SYSTEMS TECHNICIAN 622 NETWORK ENGINEER 728 NETWORK SPECIALISTMAN SYSTEMS ADMINISTRATOR 688 OFFICE ASSISTANT 544 OFFICE SPECIALIST 519 OFFICE SUPERVISOR 613 PARK MAINTENANCE AIDE 444 PARK MAINTENANCE INSPECTOR I 571 PARK MAINTENANCE INSPECTOR II 615 PARK MAINTENANCE LEADER 615 PARK MAINTENANCE SUPERVISOR 663 PARK RANGER 632 PARKING METER OPERATIONS SUPERVISOR 625 PARKING METER TECHNICIAN 1 575 PARKING METER TECHNICIAN 11 605 PERMIT PROCESSOR 591 PERMIT SUPERVISOR 673 PERMIT TECHNICIAN 643 PLAN EXAMINER (T) 672 PLANNING ASSISTANT 633 PLANNING COMMISSION SECRETARY 610 PLUMBING INSPECTOR 653 POLICE FISCAL OFFICER 691 POLICE FISCAL SERVICES SUPERVISOR 660 POLICE RECORDS SPECIALIST 564 POLICE RECORDS SUPERVISOR 631 POLICE SYSTEMS SUPPORT ANALYST 708 PRINCIPAL LIBRARIAN 662 PRINCIPAL PROGRAMMER ANALYST 728 PROGRAMMER ANALYST 688 PROJECTS MANAGER 713 PROPERTY CONTROL SPECIALIST 592 PROPERTY REHABILITATION ASSISTANT 592 PUBLIC WORKS CREW LEADER 632 53 25C -55 PUBLIC WORKS DISPATCHER 576 PUBLIC WORKS PROJECTS SPECIALIST 673 PURCHASING ASSISTANT 582 PURCHASING SPECIALIST 593 PURCHASING SUPERVISOR 702 RECEPTIONIST 559 RECORDS SPECIALIST 587 RECREATION LEADER 532 RECREATION PROGRAM COORDINATOR 612 REDEVELOPMENT PROJECT MANAGER 673 REDEVELOPMENT PROJECT MANAGER II 713 REDEVELOPMENT PROJECT MANAGER III 733 REPROGRAPHIC EQUIPMENT OPERATOR 551 RESIDENTIAL CONSTRUCTION SPECIALIST 653 REVENUE AND CONTRACT COMPLIANCE AUDITOR 672 REVENUE PROCESSING ASSISTANT 562 REVENUE SUPERVISOR 647 SANITATION INSPECTOR 1 602 SANITATION INSPECTOR II 643 SECRETARY 589 SECURITY ELECTRONICS TECHNICIAN 666 SENIOR ACCOUNTANT 691 SENIOR ACCOUNTING ASSISTANT 608 SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 608 SENIOR ASSISTANT ENGINEER 741 SENIOR BUILDING INSPECTOR 673 SENIOR CIVIL ENGINEER 764 SENIOR COMBINATION BUILDING INSPECTOR 673 SENIOR COMMUNITY DEVELOPMENT ANALYST 697 SENIOR COMMUNITY PRESERVATION INSPECTOR 673 SENIOR CORRECTIONAL RECORDS SPECIALIST 581 SENIOR DEPUTY CLERK OF THE COUNCIL 642 SENIOR ELECTRICAL INSPECTOR 673 SENIOR ELECTRICAL SYSTEMS SPECIALIST 673 SENIOR ENGINEER 764 SENIOR FLEET EQUIPMENT SUPERVISOR 697 SENIOR GRADING SPECIALIST 673 SENIOR HOUSING SPECIALIST 654 SENIOR LAND SURVEYOR 774 SENIOR LIBRARIAN 647 SENIOR LIBRARY TECHNICIAN (T) 602 SENIOR OFFICE ASSISTANT 571 SENIOR OFFICE SPECIALIST 544 SENIOR PARK MAINTENANCE SUPERVISOR 693 SENIOR PLAN CHECK ENGINEER 764 SENIOR PLANNER 723 SENIOR PLUMBING INSPECTOR 673 SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. 673 SENIOR POLICE RECORDS SPECIALIST 591 54 25C -56 SENIOR PROGRAMMER ANALYST 708 SENIOR RECEPTIONIST 589 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 673 SENIOR SYSTEMS ADMINISTRATOR 680 SENIOR TRAFFIC ENGINEER 764 SENIOR TRANSPORTATION ANALYST 764 SENIOR WATER SYSTEMS OPERATOR 653 STOCK CLERK 587 STOREKEEPER 622 STORMWATER COORDINATOR 683 STREET LIGHTING MAINTENANCE WORKER 622 STREET MAINTENANCE SUPERVISOR 663 STREET PAINTER 606 SUPERVISING ACCOUNTANT 713 SUPERVISING BUYER 687 SUPERVISING LIBRARY SERVICES ASSISTANT 576 SUPERVISING PARK RANGER 657 SURVEY PARTY CHIEF 686 SURVEY PARTY TECHNICIAN 1 622 SURVEY PARTY TECHNICIAN 11 653 SYSTEMS ADMINISTRATOR 648 SYSTEMS SUPPORT ANALYST 708 SYSTEMS TECHNICIAN 588 TELECOMMUNICATIONS COORDINATOR 690 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 601 TENANT SERVICES TECHNICIAN 589 TREASURY SERVICES SUPERVISOR 647 TREE MAINTENANCE SUPERVISOR 663 TREE TRIMMER 606 UTILITIES BILLING /SYSTEMS TECHNICIAN 601 VIDEO TECHNICIAN 644 WATER SERVICES CREW LEADER 637 WATER SERVICES METER REPAIRER 1 596 WATER SERVICES METER REPAIRER 11 616 WATER SERVICES QUALITY COORDINATOR 688 WATER SERVICES QUALITY INSPECTOR 648 WATER SERVICES QUALITY SUPERVISOR 668 WATER SERVICES SUPERVISOR 668 WATER SERVICES UTILITY INSPECTOR 648 WATER SERVICES WORKER 1 571 WATER SERVICES WORKER 11 591 WATER SYSTEMS OPERATOR 599 WATER SYSTEMS OPERATOR II 619 WATER SYSTEMS OPERATOR 111 633 WEB SYSTEMS TECHNICIAN 588 WEBSITE ENTRY SPECIALIST 562 WORK CENTER COORDINATOR 733 WORKFORCE SPECIALIST 1 588 WORKFORCE SPECIALIST 11 613 WORKFORCE SPECIALIST III 633 WORKFORCE SPECIALIST IV 688 55 25C -57 YOUTH SERVICES TECHNICIAN 582 ZOO ANIMAL REGISTRAR 593 ZOO CURATOR OF EDUCATION 642 ZOO CURATOR 642 ZOO EDUCATION SPECIALIST 593 ZOO KEEPER AIDE 503 ZOO KEEPER 563 ZOO KEEPER II 593 M 25C -58 EXHIBIT C RESOLUTION NO. 51 -75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO EMPLOYER - EMPLOYEE RELATIONS IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and enhance its administration of employer - employee relations and to protect the public by assuring at all times the orderly and uninterrupted operations and services of City government; and WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of their own choosing for the purpose of representation on matters affecting employee relations or to represent themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to provide for the orderly and systematic presentation, consideration and resolution of employer - employee relations matters; and WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen's Benevolent Association; and the American Federation of State, County and Municipal Employees, AFL -CIO, which are the only employee organizations known to the City to have among their members employees of the City, concerning the rules and regulations for the administration of employer - employee relations set forth herein; and NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows: Section 1: Title of Resolution This Resolution shall be known as the "Employer- Employee Relations Resolution of the City of Santa Ana ". Section 2: Definitions As used in this Resolution, the following terms shall have the meanings indicated: APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to Section 11 of this Resolution. CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the City Council or any duly authorized management employee as herein defined. DAY - means calendar day unless expressly stated otherwise. EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by popular vote. EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in the development, preparation or presentation of management positions with respect to employer- employee relations. EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including but not limited to, department and assistant department heads, division heads, and professional administrative staff employees employed to render advice and assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer- employee relations affairs of the City. EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b) involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in 57 25C -59 an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or from training in the performance of routine, mental, manual or physical processes. EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility is not of merely routine or clerical nature, but requires the use of independent judgment. EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City; provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin. EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer - employee relations designated pursuant to Section 3 hereof, or his duly authorized representative. EMPLOYER- EMPLOYEE RELATIONS - means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and individual employees or employee organizations. GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer - Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution, charter provision, or memorandum of understanding. IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences concerning matters on which they are required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result in an agreement. MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and conferring ") - means the performance by duly authorized City representatives and duly authorized representatives of a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly upon the request of either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a proposal or to make a concession. MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and a recognized employee organization reached through meeting and conferring. PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California Penal Code, except that, for purposes of this Resolution only, "peace offices" does not mean a park patrolman, security guard or a member of the fire department, whether the latter be serving as a member of an arson investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the status of peace officer for purposes other than that of this Resolution. RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section 58 25C -60 11 hereof, except those employees in such unit who have exercised their right not join an employee organization and who choose to represent themselves individually with the City, or has been designated through a secret ballot election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11 of this Resolution. SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer - employee relations including, but not limited to, wages, hours, and other terms and conditions of employment except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Section 3: Desienation of the City's Employee Relations Officer The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's principal representative on all matters of employer - employee relations, with authority to meet and confer in good faith on matters within the scope of representation, and to administer all provisions of this Resolution and the employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to delegate his duties and responsibilities. Section 4: Meet and Confer in Good Faith - Scope City representatives and representatives of formally recognized employee organizations having exclusive representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuring year. The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by the City Charter. Section 5: Notice The City will give reasonable written notice to each recognized employee organization affected by any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations Officer prior to such adoption. In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters within the scope of representation must be adopted immediately without prior notice or meeting with recognized employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Section 6: Petition for Remmition An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: Name and address of the employee organization. Names and titles of its officers. Names and titles of employee organization representatives who are authorized to speak on behalf of the organization. A statement that the employee organization has, as one of its primary purposes, representing the employees in their employment relations with the City. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any 59 25C -61 manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization. Certified copies of the employee organization's constitution and bylaws, including all amendments thereof. A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or certified United States mail will be deemed sufficient notice on the employee organization. A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer- Milias- Brown Act. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. A description of the composition of the unit or units claimed to be appropriate, including the job classifications of employees and the number of member employees therein, as well as a statement of reasons why the unit or units is or are considered to be appropriate. A statement that the employee organization has in its possession written proof, dated by the signer within six (6) months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may accept employee dues deduction authorization, using the payroll register for the period immediately preceding the date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization, unless it can otherwise be shown that the dues deduction for the petitioning organization is the only one which provides full membership rights and privileges, including the right to vote. A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee Relations Officer may require additional information as required by this Resolution to be included in the Petition. The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized employee organization affected thereby. Section 7: City Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether: There has been compliance with the requirements of the Recognition Petition; and The proposed representation unit is an appropriate unit in accordance with Section 11 of this Resolution. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall within ten (10) days after making said determination, inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution. 60 25C -62 Section 8: Open Period for Filing Challenging Petition (s) Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 11 of this Resolution, The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution. Section 9: Election Procedure The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed full time in regular, permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in the election. If an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast (that is, either between two employee organizations, or one employee organization and no representation); the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be held within fifteen (15) days following the certification of the initial election results. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be home in equal shares by the City and by each employee organization appearing on the ballot. In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be presumed that when said Memorandum of Understanding terminates the employee organization shall continue to be a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting and conferring regarding matters within the scope of representation; provided, however, the employee organization files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section 10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. Section 10: Procedure for Decertification of Recognize d Employee Organization A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit maybe filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of 61 25C -63 Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: The name, address and telephone number of the petitioner and a designated representative authorized to receive notices of requests for further information. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. The Employee Relations Officer can only accept those petitions which 1) request decertification of the current formally recognized employee organization and 2) do not request to carve out another unit from the already established appropriate unit. An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements hereunder. The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 13 of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized Employee Organization is voted, the question of representation. Such election shall be conducted in conformance with Section 9 of this Resolution. The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee organization(s) challenging the incumbent recognized employee organization. An employee organization which displaces another employee organization as a formally recognized employee organization following an election conducted pursuant to this Section shall assume any existing Memorandum of Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in full force and effect for the balance of the term thereof. Section 11: Policy and Standards for Determination of Appropriate Units The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be 62 25C -64 the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed trait have organized. The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the responsibility of the City and its employees to serve the public. The effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units. Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of management employees and confidential employees shall be included in a unit consisting solely of confidential employees. When the City establishes new classifications or positions, or modifies the job content of an existing classification or position, the Employee Relations Officer shall, after notice to and consultation with all affected employee organizations, determine which, if any, representation unit shall include such new or modified classification(s) or position(s). Section 12: Procedure for Modification of Established Appro rn iate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this Resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall process such petitions as other Recognition petitions under this Resolution. The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of this Resolution, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer--s determination may be appealed as provided in Section 13 of this Resolution. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or units pursuant to Section 6 hereof. Section 13. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final decision. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of 63 25C -65 such determination, appeal the determination to the City Council for final decision Appeal to the City Council shall be filed in writing with the City Cleric, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by the appeal after each party involved has been given an opportunity, during a public meeting, to present written and oral arguments in support of their respective positions and, if the City Council so desires, after any future investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the dispute to a third party hearing process for the purpose of seeking an advisory determination prior to malting its final decision regarding the resolution of the dispute. Section 14: Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through 13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee Relations Officer within fifteen (15) days of such change. Section 15: Payroll Deductions on Behalf of Emnlovee Organizations Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of Understanding and /or applicable administrative procedures. Section 16: Emnlovee Organization Activities - Use of City Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer - employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of City operations. Section 17: Administrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Section 18: Initiation of Impasse Procedures If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: To identify and specify in writing the issue or issues that remain in dispute; To review the position of the parties in a final effort to resolve such disputed issue or issues; and If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein Section 19: Impasse Procedures Impasse procedures are as follows: 64 25C -66 If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for determination. If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18 above, either party may submit the impasse to mediation. All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If the parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to provide such list, by the American Arbitration Association. Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who shall become the mediator. The priority of striking names shall alternate from one party to the other each time impasse procedures are invoked by the same parties. The employee organization or the City shall commence this process in an order determined by lot striking the first name from such list of names in any initial mediation. The cost of the mediator, if any, shall be shared equally by both parties. If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after the mediator commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon and after such further investigation of the relevant facts as it may deem appropriate. If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution. Section 20: Construction This Resolution shall be administered and construed as follows: Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law or City Charter provisions. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial stoppage or slowdown of work or any other interference with the conduct of the City's operations. Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any employee organization and the City in effect on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of the parties thereto. Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished to the City. Section 21: Severability In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution M 25C -67 and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections, subsections, sentences, clauses or phrases be declared invalid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall be operative from and after May 18, 1981. ADOPTED this 18s' day of May, 1981, by the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat M 25C -68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: APPROVE AGREEMENT FOR PERSONNEL BOARD LEGAL ADVISOR SERVICES WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL LAW CORPORATION CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to approve an agreement with Atkinson, Andelson, Loya, Ruud & Romo, A Professional Law Corporation, to act as the Legal Advisor to the City of Santa Ana Personnel Board for three years in an amount not to exceed $40,000 per year, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Personnel Board was created pursuant to Section 900 of the City Charter. Per Charter Section 912, the Board is required to conduct appeals concerning disciplinary suspensions, demotions or dismissals of any employee having permanent status. Under Charter Section 904, each Board or Commission of the City shall prescribe rules and regulations concerning its operations. Pursuant to Section 904, on August 8, 1995, the Personnel Board adopted Resolution 95 -1 adopting rules for its operation. Rule 8 of the Personnel Board's Procedural Rules provides that, subject to authorization by the City Council, the Board may retain the services of an independent attorney licensed by the State of California for the purpose of acting as the Board's Legal Advisor with respect to disciplinary appeals. Appeal hearings before the Personnel Board are akin to judicial trials with multiple complex issues including, but not limited to: issues involving due process, civil procedure, evidence and Federal and State statutory and constitutional rights. In that the Board is constituted by citizens who may have no legal education, knowledge or background, a Legal Advisor is essential to the appropriate conduct of the appeal hearing. In that the current legal advisor has held the position for in excess of 15 years, a Request for Qualifications was recently published seeking proposals for the Legal Advisor role. A panel consisting of representatives from the City's police and personnel departments, as well as the city attorney's office reviewed the responses. Three candidates were selected. Additional questions were posed to these candidates and the responses were reviewed by the panel. 25D -1 Agreement for Personnel Board Legal Advisor April 1, 2014 Page 2 The panel selected attorney Nate Kowalski of the law firm Atkinson, Andelson, Loya, Ruud & Romo based on a number of factors, including his over 20 years of experience in public sector labor law, his prior experience in participating in multiple public sector disciplinary appeals, and his current role as the legal advisor to the City of Glendale Civil Service Commission. FISCAL IMPACT The funds required to pay for the legal services are available in the Contract Services Professional fund (Account Number 01109050 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Sonia R. Carvalho Francisco Gutierrez City Attorney Executive Director City Attorney's Office Finance & Management Services Agency Etc and S. Executive Director Personnel Services Agency JAS 25D -2 LEGAL SERVICES AGREEMENT This AGREEMENT, made and entered into this _ day of April, 2014, by and between Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation C'Attorneys' ), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California C'City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of conducting and facilitating personnel related Administrative Hearings, and desire to undertake said services. 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: I. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney by acting as the Legal Advisor to the City of Santa Ana Personnel Board, The Legal Advisor's duties shall include, but are not limited to, advising the Personnel Board in conducting administrative appeals of employee disciplinary matters. Attorney shall also provide services related to City matters and other legal issues when and as requested by the City Attorney to do so. Specifically, Attorneys represent that attorney Nate Kowalski will act as the Legal Advisor hereunder. Attorneys shall notify City if any unplanned circumstances should prevent Mr. Kowalski from acting as the Legal Advisor to the Santa Ana Personnel Board. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. Attorney will be engaged on a case by case basis by way of a separate letter agreement. Said letter agreement will specify the assignment and the anticipated costs, 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the Attorneys' normal hourly billing rate not to exceed $300.00 per hour for legal services and not to exceed $150.00 an hour for necessary travel time. B. REIMBURSEA DENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. No reimbursement for mileage shall be paid under this Agreement. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto, 25D -3 4. Ct1NTROL OF LEGAL MATIEERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City; as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The terns of this Agreement shall commence on the date first written above and terminate June 30, 2017, unless terminated earlier pursuant to Section 13 below, The term of this Agreement may be extended upon a writing executed by the Director of Personnel Services and the City Attorney. b. INDEPENDENT CQNTIRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. 1115URANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement, If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall riot affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. ZM)3MNiFlQ&Li LION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 25D -4 9. CONFLICT QF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Telefacsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Attorneys: Atkinson, Andelson, Loya, Ruud & Rome 12800 Center Court Drive, Suite 300, Cerritos, CA. 90703 Telefacsimile: (562) 653 -3333 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, 25D -5 have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIU MENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. 'TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may teruninate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATM Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. lb. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25D -6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Maria D. Huizar Clerk of the Council CITY OF SANTA ANA David Cavazos City Manager Atkinson, Andelson, Loya, Ruud & Roma By Name: Title: Tax II) No. 25D -7 25D -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: COOPERATIVE AGREEMENT WITH THE CITY OF COSTA MESA FOR SUNFLOWER AVENUE IMPROVEMENTS r � CITY MANAGER 1:7 X�Zi7►�i�� i ► � r _ � ► CLERIC 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 cooperative agreement with the City of Costa Mesa, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the Sunflower Avenue Improvements Project, in an amount not to exceed $35,000 for the City's share of construction costs, with a City inspection and administrative cost share of $5,000, for a total not -to- exceed amount of $40,000 and term ending upon project completion. DISCUSSION The recommended action will allow the City to enter into a cooperative agreement with the City of Costa Mesa to share the cost of street improvements for Sunflower Avenue, from Avenue of the Arts to Main Street (Exhibit 1). The cost share for the City shall be approximately $35,000, with a City inspection and administrative amount of $5,000 for a total not to exceed $40,000. The City of Costa Mesa is the lead agency in design, construction, and construction management of the project. The cooperative agreement (Exhibit 2) identifies the roles and responsibilities of Costa Mesa and Santa Ana. Approximately five feet of street pavement on the north side of Sunflower Avenue is in Santa Ana. Improvements include grinding and overlaying the pavement with asphalt concrete and striping. Once completed, the improvement will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the street. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E -1 Cooperative Agreement with the City of Costa Mesa April 1, 2014 Page 2 FISCAL IMPACT Funds are available in the Select Street Construction Fund (Account 06917663 - 66220, Project 14- 6820). Interim Executive Director Public Works Agency EWG /ML Exhibits: 1. Location Map 2. Cooperative Agreement APPROVED AS TO FUNDS AND ACCOUNTS: �n Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 25E -4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF COSTA MESA FOR THE PAVEMENT REHABILITATION OF SUNFLOWER AVENUE FROM AVENUE OF THE ARTS TO MAIN STREET This cooperative agreement ( "Agreement ") is made and entered into this day of 2014, by and between the CITY OF COSTA MESA, a municipal corporation ( "COSTA MESA "), and the CITY OF SANTA ANA, a municipal corporation ( "SANTA ANA "). RECITALS: A. WHEREAS, COSTA MESA and SANTA ANA desire to enter into an agreement to resurface and stripe the roadway pavement on Sunflower Avenue from Avenue of the Arts to Main Street (the "PROJECT "); and, B. WHEREAS, the PROJECT is included in COSTA MESA plans titled Arterial Streets Rehabilitation Project -Costa Mesa, Contract No. 13 -08, as shown on Exhibit "A ", attached hereto and incorporated herein; and, C. WHEREAS, the PROJECT has been advertised and awarded to R.J. Noble to perform the construction work; and, D. WHEREAS, the PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of COSTA MESA; and, E. WHEREAS, SANTA ANA and COSTA MESA are each empowered by law to expend public monies to improve Sunflower Avenue; and, F. WHEREAS, SANTA ANA and COSTA MESA desire to accomplish all of the needed work as described herein by a single public works project in which COSTA MESA will act as the lead agency, and SANTA ANA will reimburse COSTA MESA for SANTA ANA's portion of the construction costs; and, G. WHEREAS, the total PROJECT construction cost is estimated at $933,305 as shown in Exhibit "B ", attached hereto and incorporated herein. The total estimated PROJECT construction cost will be divided between the parties as follows: COSTA MESA SANTA ANA Total Construction cost $904,754 $28,551 $933,305 Contingency (20 %) $ 5,710 Exhibit 1 25E -5 H. WHEREAS, the total PROJECT construction cost plus contingency for SANTA ANA does not exceed the total amount of $35,000 (rounded); and, I. WHEREAS, the PROJECT is declared categorically exempt from CEQA (Section 15301, Class 1 (c)). NOW, THEREFORE, the parties agree as follows: A. COSTA MESA Rights and Duties: 1. COSTA MESA shall be the lead agency for the design and construction work and shall provide all construction management. COSTA MESA shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the PROJECT. 2. COSTA MESA shall pay for all PROJECT design, materials testing, site survey, construction engineering and construction management. 3. COSTA MESA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement. 4. COSTA MESA shall notify SANTA ANA in writing of any changes, increased costs, and meetings associated with COSTA MESA's lead agency responsibilities for the PROJECT. 5. Change orders for work within SANTA ANA must receive the written approval of the Executive Director of the Public Works Agency of SANTA ANA prior to implementation, which approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of five (5) working days to review and approve change orders. SANTA ANA shall have inspection authority within SANTA ANA jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. SANTA ANA shall also have the right to enter and inspect within COSTA MESA boundaries at all times for the purposes of overseeing COSTA MESA lead agency functions. 6. COSTA MESA shall provide SANTA ANA final record drawings for the PROJECT within 60 days of the completion and acceptance of construction. B. SANTA ANA Rights and Duties: 1. SANTA ANA shall issue a no fee permit for work within SANTA ANA. Contractor shall be required to obtain a SANTA ANA business license prior to starting work. 2. All progress payments for the PROJECT shall be reviewed by SANTA ANA. If SANTA ANA contests the progress payment, SANTA ANA shall request withholding of the payment within five (5) business days of receipt of such 2 25E -6 payment request. SANTA ANA will provide information necessary to substantiate that the required progress has not been met. 3. SANTA ANA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement, within thirty (30) days after receipt of an invoice from COSTA MESA. C. JOINT RIGHTS AND DUTIES: 1. In the event that expended costs for the PROJECT exceed funds listed in Exhibit "B ", SANTA ANA shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of SANTA ANA and COSTA MESA shall be solely responsible for obtaining additional funding for the increased costs occurring within the jurisdictional boundary of COSTA MESA. 2. Responsibilities, Obligations and Mutual Indemnity: a. Upon completion of the PROJECT, SANTA ANA shall accept maintenance responsibility for the portion of the PROJECT within SANTA ANA jurisdictional limits, and COSTA MESA shall accept maintenance responsibility for the portion of the PROJECT within COSTA MESA jurisdictional limits. b. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. c. Neither SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COSTA MESA shall fully indemnify, defend and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. d. Neither COSTA MESA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. It is also understood and agreed that pursuant to 3 25E -7 Government Code Section 895.4, SANTA ANA shall fully indemnify, defend and hold COSTA MESA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. IN WITNESS WHEREOF, COSTA MESA has caused this agreement to be executed by its Mayor and attested by its Clerk, and SANTA ANA has caused this Agreement to be executed by its City Manager and attested by its Clerk, all thereunto duly authorized by the COSTA MESA City Council and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a Municipal corporation of the State of California 0 David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency CITY OF COSTA MESA, a municipal corporation of the State of California No Tom Hatch Chief Executive Officer ATTEST: Brenda Green City Clerk APPROVED AS TO FORM: Tom Duarte City Attorney RECOMMENDED FOR APPROVAL: Ernesto Munoz, P.E. Public Services Director C! 25E -8 »m e PLATT `\ Ll `\ HE M ROANOLN, 7RIN[W OR.?<. \ _ . URISTUL . .... . . a. w ». . } \ PARR ±R% q > . y \ \ m « I AVENUIE :» » ^ ® Q I Gm t «\ \ \ � � % 0 / A 00 k x(J) \ > \ « o ; BIRCH °y \` EXHIBIT "A" TMKIER MAN EF ` �* ----------------------- CITY OF COSTA MESA P,O, BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92625-1200 FROM THE DEPARTMENT OF PUBLIC SERVICESIENGIN EERING DIVISION TITLE: ARTERIAL STREETS REHABILITATION PROJECT -COSTA MESA CONTRACT NO.; 13.08 PROJECT COST: $933,305.00 PROJECT MANAGER: PATRICK DAUER TOTAL SS4 261 ROUNDED 35 Oe r EXHIBIT "B" PHONE: (714) 754 -5336 FAR: (714) 7545028 TDD: (7 14) 754 -5244 WWW.CAS)HttlEJ ca,Rov 25E -10 R.J. Noble Costa Mesa Santa Ana ITEM BID QUANTITY DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 1 LS MOBILI2ATION 34,000 34,000 C -974: $33,110 0.026 $890 2 89,200 SF COLD MILL (2" DEPTH $0.15 $10,880 48 200 07,290 21,000 $3,150 3 36100(I SF COLD MILL IS" DEPTH) .16 $54,150 461,000 $54,150 0 0 4 280 CY UNCLASSIFIED EXCAVATION (RDADWAYONLY FOR PARTIAL DIGOUTS UP TO B `) $34 $9,520 280 $9,520 0 $p 5 5,650 TON A5PHALTRUBBER HOT MIX: (AHRMj SURFACE COURSE 1W 9452,000 5,382 $430,560 268 $21,440 6 2,200 TON ASPHALTCONCRETE (AC) LEVELING COURSE $78 $171,600 2,200 $171,690 0, $0 7 450 TON 5 "7HICK A.C. BASE COURSE ATVARIOUS LOCATIONS FOR PARTIAL DIGOUTS AS DIRECTED OY ENGINEER .$67 $30,150 454 $30,150 0 $0 8 21 EA ADJUST MANHOLE FRAME ANDCDVER 70 GRADE $550 $11,55D 21 $11,550 0 0 9 37 EA ADJUST WATER VALVE CAN AND COVER TO I GRADE $525 $19425 37 $19,425 0 $0 10 1 FA PROJECT MANAGEMENT $75,000 $75,000 0965 1 $72404 0.035 $2596 11 1 LS TRAFFIC CONTROL $18,000 $18,000 0974 $17,525 0.026 475 12 30 EA ELUDE "FIRE HYDRANT" RAISED PAVEMENT MARKERS $11 9330 50 '4330 0 $0 713 1 LS LANE MARKINGS, LANE STR.IPES, PAVEMENT LEGENDS, AND RAISED PAVEMENT MARKERS 535,800 - $35,000 1 $35,000 0 $0 14 61 EA IPJSTALL TRAFFIC LOOP DETECTORS $209 $12,200 61 .17,200 0 0 TOTAL '933 OS 904754 $28,555 20% Cant, $5,710 TOTAL SS4 261 ROUNDED 35 Oe r EXHIBIT "B" PHONE: (714) 754 -5336 FAR: (714) 7545028 TDD: (7 14) 754 -5244 WWW.CAS)HttlEJ ca,Rov 25E -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: AGREEMENT WITH MULLEN AND ASSOCIATES, INC., FOR ON -CALL ELECTRICAL ENGINEERING DESIGN SERVICES CITY MAOAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Mullen and Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide on -call electrical engineering design services, for a one -year term expiring March 31, 2015, with the option to extend for two additional one -year terms by written authorization of the City Manager and the City Attorney, for a maximum of three years, in an amount not to exceed $300,000. DISCUSSION Approval of this recommended action will allow the City to enter into an agreement with Mullen and Associates, Inc., for on -call electrical engineering design services on an as- needed basis in support of capital improvement projects. These electrical engineering services may also include feasibility assessments, energy analyses, preparation of contract documents, permitting and construction assistance. On -call electrical engineering services have been used for City projects such as the Garfield Fitness Park security lighting and irrigation system; Plaza Santa Ana exterior plaza lighting; and security /walkway lighting for Jerome, Madison, and Mabury parks. The agreement is for a one -year period. However, if additional time is needed to complete the work, only the term may be extended by written authorization of the City Manager and the City Attorney. On January 9, 2014, the Public Works Agency released a Request for Proposals on the City's website, and also notified qualified consulting firms. Five proposals were evaluated and ranked by a review committee comprised of personnel from various City agencies. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, and references. The rating of the five firms is as follows: 25F -1 Agreement for On -Call Electrical Engineering Services April 1, 2014 Page 2 NAME OF FIRM RATING Mullen & Associates, Inc. 97.0 Henrickson Owen 95.8 Salas O'Brien 87.3 T- Squared Professional Engineers, Inc. 86.0 Parkia, Inc. 80.8 Following evaluation and ranking, the fee rate schedule for the top two ranked firms were opened and reviewed. They were found to be consistent and reasonable. Because of their ranking, staff recommends that Mullen & Associates, Inc., be retained for on -call electrical engineering design services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT These services are on an on -call basis and will be used only when funds are available in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" a'�vez, P.E. Francisco Gutierrez Interim Execu it e Director Executive Director Public Works Agency Finance and Management Services Agency ATITE iti9ti Exhibit: 1. Agreement 25F -2 AGREEMENT WITH MULLEN & ASSOCIATES, INCORPORATED. FOR ON -CALL ELECTRICAL ENGINEERING DESIGN SERVICES THIS AGREEMENT, made and entered into this I st day of April, 2014 by and between Mullen & Associates, Incorporated, 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 ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical engineering and design. The City desires to retain said consultant to perform electrical engineering and design consulting services on an "on- call" basis. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CPR 570.000, et seq. ( "CDBG Regs "). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Regs. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform electrical engineering and design consulting services on an "on- call" basis as set forth in the City's Request for Proposals dated January 9, 2014, attached as Exhibit "A" to this Agreement and incorporated herein by reference. Said services shall be provided by Consultant's persomiel and sub- consultants as set forth in consultant's proposal dated January 30, 2014, on file at the Santa Ana Public Works Agency. 2. COMPENSATION a. The City agrees to pay, and Consultant agrees to accept as payment for its services the rates acid charges identified in Exhibit "B" attached hereto and incorporated herein by reference, Exhibit 1 25F -3 The total sum to be expended under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be, expected by City. 3. TERM This term of this Agreement shall be for one (1) year, commencing on April 1, 2014 and expiring March 31, 2015, with the option to extend for two additional one -year terns by written authorization of the City Manager and the City Attorney, for a maximum of three years, in an amount not to exceed $300,000.00. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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 (o) contain standard separation of insured's provisions. 25F -4 h, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 cancelled 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered., by reason of the events referred to in this Section or by reason of the terms 25F -5 of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding, C. No Pending Legal Proceedings /Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement, Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Five Hundred Thousand Dollars ($500,000,00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq. II. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's 25F -6 subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any promises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 1. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG Regs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above - referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying, Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised 5 25F -7 any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agency or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug - free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity fimded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. o. Conflict of Interest. 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. Further, any conflict or potential conflict of interest of any employee /officer of Consultant shall be fully disclosed in writing prior to the execution of 25F -8 this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uuicle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities, S. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred prior to the effective date of termination, B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. hr the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, mrless such default is cured before the effective date of termination stated in such notice, If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of fiords under this Agreement may be terminated for convenience in accordance with 24 CFR 85,44. 25F -9 10. VENUEMUKISDIUHUIN 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. 11, VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. 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, California 92702 -1988 With courtesy copies to: and, Public Works Agency — Executive Director City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 City Attomey City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 25F -10 Consultant: Larry D, Mullen, President Mullen & Associates, Incorporated 1200 N. Jefferson St., Unit "D" Anaheim, CA 92807 Phone: 714 -632 -6620 Facsimile: 714 - 632 -3849 13. 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 Agency fatly, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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, c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. [Continued on final page]. 25F -11 IN WITNESS WHEREOF, the parties hereto have exeented this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS City Clerk City Manager APPROVED AS TO FORM: CONSULTANT SONIA R. CARVALHO City Attorney By: By: J e Str NAME Assistant City Attorney TITLE Tax ID# 10 25F -12 KEY RFP DATES: Issue Date: Letter of Intent: Proposal Due Date: Projected Award Date: 01/08/14 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO.: 14 -003 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Suzi Furjanic Project Manager (714) 571 -4241 Office sfu rian ic(a7santa -a na.org Thursday, January 9, 2014 Tuesday, January 21, 2014 Monday, February 3, 2014; 5:00pm Monday, March 3, 2014 Exhibit A City of 2nta aa1 3 14 -003 (a) NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for "On -Call" Electrical Engineering Services. Responses to this Request for Proposals (RFP) will be accepted until Monday, February 3, 2014 at 5:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.ora /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. Questions regarding this Request for Proposals shall be made in writing via e -mail to the Project Manager as identified on the cover of this RFP and per "Instructions To Proposers Section I I.0 ". Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 14 -003; "ON- CALL" ELECTRICAL ENGINEERING SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Suzi Furjanic Public Works Agency; 20 Civic Center Plaza; 3rd Floor, Ross Annex Santa Ana, CA 92701 Proposals shall be MAILED, HAND DELIVERED, OR COURIERED. LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED. LETTER OF INTENT Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP. 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information. City of Santa Ana RFP 14 -003 26P!14 (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 TABLE OF CONTENTS I. INTRODUCTION/ DESCRIPTION OF WORK II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE - PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS I. STATEMENT OF QUALIFICATIONS II. FEE PROPOSAL III. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK -OFF MEETING B. NOTICE TO PROCEED City of Santa Ana RFP 14 -003 25`x° l 5 u VII. PUBLIC RECORDS VIII. APPENDIX EXHIBIT A: SCOPE OF WORK EXHIBIT B: SAMPLE AGREEMENT EXHIBIT C: CERTIFICATIONS City of Santa Ana RFP 14 -003 2V:16 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 I. INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana is seeking a qualified firm to provide electrical engineering services on an "On -Call" basis. The total cost for the contract shall not exceed $300,000. A detailed Scope of Work and agreement terms are attached as part of the Appendix. II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. Upon contract award, City will: • Provide copies of available plans and existing documentation on file. • Provide standard city boilerplate specifications. • Furnish electronic design file with City title block and title sheet (24" x 36 ") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Act as a liaison with the appropriate decision making bodies. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. City of Santa Ana RFP 14 -003 2V!17 D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work, attached herein as Exhibit A, as part of the Appendix. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa- ana.org /bids -rips. H. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. I. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non- responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. III. SUBMITTAL REQUIREMENTS A. GENERAL I. Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your Statement of Qualifications shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana, per the City of Santa Ana RFP 14 -003 RX �. instructions above under "Notice Inviting Proposals ". One (1) copy of your Fee Proposal shall be submitted, as outlined below. II. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: I. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and exhibits). Font size shall be minimum 11 -pt. The page limitation includes all appendices, attachments, and supplemental information. 1. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team /sub - consultants who will be providing services, that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Proiect Understanding Statement: A statement outlining the firm's understanding of the scope of work, anticipated approach, suggestions or special concerns that the City should be made aware of, and tasks you feel are necessary for successful completion. Identify any assumptions and /or exclusions used in preparation of the scope of work and associated fee estimate. 4. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5. References: Proposal shall include a listing of relevant projects, along with project exhibits, and references for three public entities for which Proposer has performed similar work within the past five (5) years. 11. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal ". The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City of Santa Ana RFP 14 -003 26P219 III. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Exhibit C -1: Non - Collusion Affidavit • Exhibit C -2: Non - Lobbying Certification • Exhibit C -3: Department of Housing and Urban Development Section 3 Contract Clause IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm and Personnel Experience 20% • Understanding of Need 20% • Relevant Project Experience 20% • References 20% • Price /Fee 20% The City has established a proposal review committee to evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT A sample Agreement is attached herein as an Exhibit as part of the Appendix. `Proposer" will hereinafter be referred to as "Consultant' The term of the contract will begin after the contract agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. VI. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 14 -003 25P -20 APPENDIX EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 General: The City is soliciting proposals from professional electrical engineering firms to provide electrical engineering design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost ") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. From the proposals received, the City will enter into an agreement with the selected firm(s) The work, in general, consists of general lighting and other projects requiring electrical engineering of City owned facilities citywide. The projects may include new construction or retrofitting /renovation of existing structures, site lighting, landscaping and irrigation systems, and other related projects as required. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in -house staff and /or sub - consultants satisfactorily to the City to complete the assignments. If any specialized work for is required where the prime consultant will require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime consultant mark -up for sub - consultants shall not exceed 10 %. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. Detailed Scope: The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to The State of California Building Code 2013 Edition, the 2013 California Electrical Code, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost ". Consultant shall contact manufacturers and /or contractors to verify these costs prior to submitting to the City. City of Santa Ana RFP 14 -003 26F221 Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 5. Provide digital files in CAD or Microstation which are formatted to produce drawings at 24" x 36" scale, on City standard title block and title sheet. City shall provide reference files for cover sheet and title blocks. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as- builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy of the final as -built drawings via CD or e -mail. 8. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre- construction meetings, attend initial job walk, final walk- through and assist with preparation of punch list, and attend final inspection as requested by City staff. City of Santa Ana RFP 14 -003 2SP-22 APPENDIX EXHIBIT B SAMPLE AGREEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 THIS AGREEMENT, made and entered into this day of , 20_ by and between (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 1. The City desires to retain a Consultant having special skill and knowledge in the field of Consultant represents that Consultant is able and willing to provide such services to the City and is licensed by the State of California to provide 3. 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 firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide services, as set forth in the, Scope of Services attached hereto as Exhibit A, and incorporated by this reference. Said services shall be provided on an on -call basis, at the written request of the Executive Director of Public Works. DEFINITIONS (if any) III. TERMS AND CONDITIONS A. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. B. TERM The term of this Agreement shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to ( #) additional ( #) - year periods on the terms and conditions set forth herein. Said options shall be 26P-23 exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the initial term or any extension thereof. C. COMPENSATION 1. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Consultant's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed ($) annually during the term of this agreement. 2. Invoices a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: L Consultant'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. Tasks or deliverables completed, and % of total services completed 3. 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. 4. Extra Work No additional work shall be authorized 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 Consultant will be required to provide detailed information of such extra work. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. 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 manner in which Consultant performs the services required by 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. E. 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: Commercial General Liability Insurance: Consultant shall maintain commercial general City of Santa Ana RFP 14 -003 26P24 liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2. Business Automobile Liability Insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Consultant is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. Professional Liability Insurance: If Consultant is or employs a licensed professional such as an architect or engineer, Consultant is required to carry Professional Liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: a. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. C. 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. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to City of Santa Ana RFP 14 -003 26P=25 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 (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This 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 Consultant. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 With courtesy copy to: Public Works Agency — (Division) To Consultant: H. TERMINATION The City reserves the right to terminate the Agreement as follows 1. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Consultant either personally or by mail. Upon termination, City shall pay to Consultant that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 2. 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 Consultant's compensation for Agreement services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Consultant fails to satisfactorily perform Agreement services. City shall have the right to retain funds withheld until the projects manager or designee determines that Agreement services are performed as well and as frequently as required by this agreement. City of Santa Ana RFP 14 -003 26Fe -26 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Consultant shall perform all requirements under this Agreement in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this Agreement. 3. Consultant certifies that it shall comply with the following regulations, as required by the (funding agency): a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". City of Santa Ana RFP 14 -003 26F=27 f.. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant, and all its contractors (or subrecipients) will comply, 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 Environmental Protection Agency regulations (40 CFR part 15), as applicable. I. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant agrees that the (funding Agency) shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. City of Santa Anay�RFP 14 -003 26P-28 Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: (i) the copyright in any work developed through this Agreement; and (ii) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. J. 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. K. 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. L. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. M. 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. City of Santa Ana RFP 14 -003 26F-29 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 CARVALHO City Attorney Bv: XXXX Assistant City Attorney XX Executive Director X Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager FOR APPROVAL: CONSULTANT City of Santa Ana RFP 14 -003 29PI20 APPENDIX EXHIBIT C -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -003 26P-31 APPENDIX EXHIBIT C -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana7QRFP 14 -003 26IF -12 APPENDIX EXHIBIT C -3: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ELECTRICAL ENGINEERING SERVICES RFP NO. 14 -003 A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a cc labor organization clause, and will pos and applicants for t Section 3 preferen apprenticeship and D. The contractor agre regulations in 24 C provision of the su violation': of the re violation ective bargaining agreement or other understanding, if any, a notice advising the r workers' representative of the contractor's commitments under this Section 3 copies of the notice in conspicuous places at the work site where both employees lining and employment positions can see the notice. The notice shall describe the e, shall set forth minimum number and job titles subject to hire, availability of training positions, the qualifications for each; and the name and location of the lications for each of the positions; and the anticipated date the work shall begin. where the include the Section 3 clause in every subcontract subject to compliance with art 135, and agrees to take appropriate action, as provided in an applicable ract or in this Section 3 clause, upon a finding that the subcontractor is in )ns in 24 CFR Part 135. The contractor will not subcontract with any ;ontractor has notice or knowledge of that the subcontractor has been found in s in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest City of Santa Ana RFP 14 -003 26P53 extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the rip mare Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods.' For fiscal year 1996 -97, minimum goal for each project is 30 %. The Contractor /Sub- contractor /Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor /Sub- contractor /Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his /her operations within the City of Santa Ana. Signature Print Name and Title Signature 'Print Name and Title Signature Print Name and Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -003 26=234 Firm Hourly Rates As of January 1, 2014: Electrical Engineer: ............................................ $140.00 Project Engineer: ................................................ $125.00 Senior Electrical Designer: ................................. $100.00 Electrical Designer: .............................................. $95.00 Computer Drafting: .............................................. $70.00 Clerical .................................. ............................... $55.00 Exhibit B 25F -35 25F -36 A. CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: EMERGENCY SOLUTIONS GRANT FUNDING FOR FY 2014 -2015 CITY MAN ER 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 1. Approve the FY 2014 -2015 Emergency Solutions Grant Program. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non - profit agencies and /or sub - recipients awarded funds as part of the approved program, subject to non - substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on March 17, 2014, by a vote of 5:0 (Sandoval absent), the Community Redevelopment and Housing Commission approved the recommended actions. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney -Vento Homeless Assistance Act, revising the Emergency Shelter Grants Program in significant ways and renaming it the Emergency Solutions Grants (ESG) program. In November 2013, a Notice of Funding Availability was mailed to non - profit homeless providers to solicit applications for FY 2014 -2015 grant funding. Additionally, the application was placed on the City's webpage. Twenty -four proposals were submitted from 15 organizations with funding requests totaling over $786,000. The City expects to receive $461,626 of which $34,621.95 will be used for program administration and $7,700 for Homeless Management Information System, a program reporting requirement. On February 4, 2014, an ad hoc committee comprised of one Community Redevelopment and Housing Commissioner, one representative from Orange County's Community Resources, one 25G -1 ESG FY 2014 -2015 Recommendations April 1, 2014 Page 2 Parks and Recreation staff and one Community Development consultant conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need 2) capacity to provide service and 3) effective and efficient use of funds. A list of all agencies submitting proposals, type of program, grant amount received in FY 2013 -2014, and the recommended funding for FY 2014 -2015 is provided as Exhibit 1. Fifteen of the 24 proposals are being recommended for funding for FY 2014 -2015. The organization's receiving the lowest average rating in each category (homeless prevention, rapid re- housing, domestic violence, transitional shelter and street outreach) were not recommended for funding. Any unspent FY 2013 -2014 funds shall be redistributed to approved programs based on score ranking. FISCAL IMPACT ESG funds are available in the Emergency Solutions Grant account (no. 13518785- various). Scott Kutner District Manager Community Development Agency SK/TE /kg Exhibit: 1. ESG Allocation Recommendations 2. ESG Agreement Template APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 r 'm x K w x a E 25G -3 m a 0 EE P 25G -4 3/14 EMERGENCY SOLUTIONS GRANT EXHIBIT 2 SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NAME OF SUBRECIPIENT THIS AGREEMENT, is hereby made and entered into this 00 " day of MONTH YEAR, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, hereinafter ( "CITY ") and NAME OF SUBRECIPIENT, a California nonprofit organization, hereinafter ("SUBRECIPIENT"). WITNESSETH Recitals: 1. The CITY is the recipient of Emergency Solutions Grant ( "ESG ") funds from the United States Department of Housing and Urban Development ( "HUD"), pursuant to subtitle B of title IV of the McKinney -Vento Homeless Assistance Act [42 U.S.C, 11371- 11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re- housing assistance. 2, The CITY has approved the provision of federal funds under the ESG to be used in the operation of an emergency solutions program ( "program ") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program. 4, The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, rolocation and stabilization services, rapid re- housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $ in grant funding. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant fiends from the United States Department of Housing and Urban Development, 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: 25G -5 I. II. ITO SCOPE OF PROGRAM A. General Administration The SUBRECIPIENT agrees to implement the activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B, Levels of Accomplishment— Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT shall contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffing The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity, Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. TERM This AGREEMENT shall take effect on 20_, and shall terminate on 20. unless otherwise cancelled or modified according to the terms of this AGREEMENT. DISBURSEMENT AND FUNDS A. Amount and Expenditure End Date The CITY agrees to reimburse the StMRECIPIENT a maximum amount not to exceed $ .00 from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Budget, and such funds shall be expended by the SUBRECIPIENT on or before June 30, 20 . B, Invoicing Procedures The SUBRECIPIENT shall submit quarterly April, and July) in a form prescribed by th e modified with the approval of the CITY. C. Payment invoices (on or before the 151" day of October, January, CITY, detailing such expenses. Such schedule may be Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement, request is determined to be incomplete and will restart the thirty (30) day timelinc once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. 25G -6 D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said Program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance, housing relocation and stabilization services, short -term and medium -term rental assistance, and Homeless Management Information Systems ( "HMIS ") data contribution as set forth in 24 CFR § 576.101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPIENP'S failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECIPIENT agrees that the homeless shelter /services under said program shall be available for the entire period during which said funds are provided. E. Condition of Fundine (1) The CITY advises the SUBRECIP= that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT aelmowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F, Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Budget. G. Pram Income (1) Definition. Program income means, as provided by 24 CFR 84.24 or 24 CFR 85.25, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use 911 income received from said fiends only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT, (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Separation of Accounts All fiords received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account ") at a federally insured banking or savings and loan 25G -7 institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. I, Expenditure of Funds As HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this section, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect cost, Failure to expend said funds within said tinefrarne can result in a reallocation of funds. J. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said fiords shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; fund use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress In connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit C -1). IV, NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of and directed to, the following representatives: 25G -8 MA CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 ATTN: ESG (714) 647 -5360 (714) 647 -6549 GENERAL CONDITIONS A. Coordination with Continuum of Care SUBRECIPIENT: [Name] [Title] [ SUBRECIPIENT Name] [Address] [Address] [City, State, ZIP] [Telephone#] [Fax #] The SUBRECIPIENT must work with the Continuum of Care ( "CoC ") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD (24 CFR 576.400). B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT must conduct evaluations and re- evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected (24 CFR 576.402). D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. l iomeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities, See 24 CFR 576.405(c) and 42 USC 11375(d), F. Independent Contractor. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any unemployment compensation, FICA, retirement, life and /or medical insurance and workers' compensation insurance as the SUBRECIPIENT is an independent contractor. 25G -9 G. Subcontracts. (1) Content Requirements. The SU13RECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CPR Part 135 (Economic Opportunities for Low- and Very Low - Income Persons) and will not allow any subcontract unless the entity has first provides it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY, The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H, Licensing. The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable, I. Responsibilities Toward Employ The SUBRECIPIENT accepts full responsibility for payment of any and all reemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities of this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36. The SUBRECIPIENT shall undertake self- insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana., its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder, (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not loss than those set forth below: 25G -10 a. Workers' Compensation. Amount must comply with State and Federal Laws b, Comprehensive General Liability. At least$1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assurr ed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damages coverages. C. The SUBRECIPIENT's self- insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from its insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; c, maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger, (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, on notice to the SUBRECIPIENT, suspend the program for cause until there is fall compliance. K. Zoning. The SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency, The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within thirty (30) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CPR § 576.408. 25G -11 M. Provisions Required by Law Deemed Inserted, Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. VI. ASSURANCES AND CERTIFICATIONS A. Non - Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non - profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non- profit status under the United States Internal Revenue Code (for example, 26 USC § 501(c)(3). The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non - profit status changes at anytime during this AGREEMENT, it will advise the CITY within fifteen (15) days. (3) If the SUBRECIPIENT is a private non - profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any fiords generated from or because of the ESG program, for their services. (4) As a non - profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 24 CFR Part 84. B. Adherence to Federal, State, and Local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross - cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low- income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low - income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c), (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance of this contract, the SUBRECIPIENT agrees to not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. 25G -12 The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECrPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub - recipients. The SUBRECIPIENT will have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the NSP Funds. Falsification of information shall be grounds for termination of this AGREEMENT. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program, (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any trim nal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten (10) flays after receiving notice of any such violation. (4) Within thirty (30) clays of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. 25G -13 (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions of 24 CFR § 576,406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto, G. OSHA. Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as 10 25G -14 provided in 29 C.F.R. §5.12. Labor standards interviews /investigations shall be made as necessary to assure compliance. Sea 29 C.F.R. §5.6(x)(3). VII. ADMINISTRATIVE REQUIREMENTS A. Generallv The requirements of 24 CFR part 84 apply to the SUBRECIPIENT, except that 24 CFR 84.23 and 84.53 do not apply, and program income is to be used as the non - federal share under 24 CFR 84.24(b). These regulations include allowable costs and non - federal audit requirements. The following additional requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non - Profit Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; and, OMB Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations ". B. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided herein, The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) OMB Standards. Unless specified otherwise within this AGREEMENT, the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 24 CFR Part 84 or 85. C, Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15s' day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original invoice and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year -to -date) reports of activities, program accomplishments, new program information, and up -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and /or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. 11 25G -15 D, Record Keepine Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post - completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead -based Paint regulations, which likely require Longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s), Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY and HUD shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above - referenced doctiunents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the Location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet requirements as set forth in 24 CFR § 576.500 E. Homeless Management Information Systems (HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit D. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D. (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, Curless prohibited by law. A copy of such agreement shall be attached as Exhibit E. F. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget in the Single Audit Act Amendments of 1996, OMB Circular A -133, and the OMB Circular Compliance Supplement and Government Auditing Standards. The SUBRECIPIENT shall provide the CITY with a copy of said audit by October I of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or 12 25G -16 cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein, The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration acid review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated, B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C, Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUDRECIPIENT farther agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A, Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other, In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B, CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- tlurough grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD, C. Holdflarmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, vohurteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees /expenses for litigation or settlement, resulting from or arising out 13 25G -17 of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50, The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead -based paint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants, C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lea&basod paint ( "LBP ") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K. The SUBRECIPIENT shall conduct the following activities for the dwelling unit, corumon areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located; (1) A visual assessment of all. painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1, 330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active progranimatic relationship for the purposes of this part, (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. 14 25G -18 E. Notification and Attachments The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 95.130 of the LBP Regs, the LBP hazard information pamphlet. The pamphlet shall be the EPA/IIUU /Consumer Product Safety Commission lead hazard information pamphlet or an EPA - approved equivalent, The current form and version of the pamphlet can be found at: http: / /wwvv.sa nta- ana.org /cda /documents /ESGattachmentl -5,pdf as referenced on Attachment No. 1 to this AGREEMENT. (2) In accordance with 24 CFR 35, Subpart A, all available information and Imowledge regarding the presence of LBP and LBP hazards prior leasing a housing unit. The current form and version of such notice is attached as Attachment No. 2 to this AGREEMENT. (3) And, in accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and /or LBP hazards, and results of any lead hazard evaluation, and any lead hazard reduction work. The current form and version of such notice is attached as Attachment No. 3 to this AGREEMENT. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and /or funding from the SUBRECIPIENT under this AGREEMENT. Attachment No. 4 to this AGREEMENT, attached and hereby fully incorporated by this reference, is such information srunmary. The CFFY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP REGS as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by I M relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(x) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance (such as for homeless persons) if the assistance lasts less than one hundred (100) days. XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 24 CFR § 84.42 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there tinder, either for himself or herself, 15 25G -19 or for those with who he or she has family or business ties, during his or her tenure or for one year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576,404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SU13RFCIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIH. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless; (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty -five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Termination 16 25G -20 If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 24 CFR 85.43 and in accordance with 24 CPR 85.44 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. I£ the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may be legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and maited to the CITY pursuant to the above NOTICES section. XVI. CLOSE -OUT The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and documentation; disposing of program assets (including the return to the CITY of all unused materials and equipment); remitting any receivable accounts to the CITY and determining the custodianship of records. The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. XVIL VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid Linder applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIH. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. None of the duties of, or work to be performed by, the SUBRECIPIENT Linder this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the 17 25G -21 parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. XX. AG ' +EMENTDOCUMENT ENTUMITS AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document shall be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: CITY OF SANTA ANA a municipal corporation MARIA D. HUIZAR DAVID CAVAZOS Cleric of the Council City Manager APPROVED AS TO FORM: SONIA CARVALHO City Attorney SUBRECIPIENT: By: LISA E. STORCK Assistant City Attorney Name: Title: Tax ID: 18 25G -22 REQUEST FOR COUNCIL ACTION I:N"AD i1 i ff WerOTTly" APRIL 1, 2014 TITLE: AGREEMENT WITH MICHAEL R MARINOFF FOR WORKFORCE DEVELOPMENT WORKSHOPS 0 CITY MANAG N "Y I A r F CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V' 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 Michael R. Marinoff, in an amount not to exceed $55,000, expiring June 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In March of 2013, the Santa Ana WORK Center entered into contract with Michael R. Marinoff, a human resources recruitment specialist, to update and teach workshop curriculum that would impart upon job seekers more modern methods to find work opportunities. The workshops include social media and other innovative strategies to assist WORK Center clients in their efforts to find employment. The response has been overwhelmingly positive with staff noting an increase by attendees in obtaining employment. Since the beginning of the fiscal year, over 840 job seekers have attended the workshops. Based on this track record, staff requests to continue with Mr. Marinoff's services through June 30, 2015, at which such time a new procurement will be required. The WORK Center provides a variety of services to Santa Ana residents who are looking for work or to upgrade their skills. It is essential for workforce development programs to stay attuned to current industry trends and technology in order to put job seekers in the best position to obtain employment in a timely manner. The last five years have changed the landscape of workforce development programs. The lingering impact of the recession and the rapid changes in technology have increased the time that it takes for job seekers to obtain employment. As technology and industry trends change, the Work Center must keep abreast with technology since traditional methods to find employment are not as effective as they were in the past. The perception among staff is that the job seeking process could be improved by utilizing social media and other technology to better assist job seekers. 25H -1 Agreement with April 1, 2014 Page 2 Michael Marinoff FISCAL IMPACT Funds for the remainder of this fiscal year are available in the Workforce Investment Act One Stop Program Contract Services - Professional account (no. 12318751- 62300). Funds from July 1, 2014 through June 30, 2015 are included in the FY 2014 -15 budget. Deborah Sanchez Economic Development Specialist III Community Development Agency DS /CR/sv Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H -2 F° AGREEMENT WITH MICHAEL R. MARINOFF UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT made and entered into this _ day of April, 2014, by and between Michael R. Marinoff, a sole proprietor, hereinafter referred to as "CONSULTANT', and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ". W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONSULTANT is experienced in providing workshops for economically disadvantaged adults and youth for entry into the labor market ( "said program "). E. CONSULTANT is willing to operate said program pursuant to the Act and California law. F. The CITY acknowledges that it has received prior services from CONSULTANT prior to the date of this Agreement and intends this Agreement to cover services commencing as of March 1, 2014. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25�-3 1. TERM OF AGREEMENT This Agreement shall commence as of March 1, 2014 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2015. The term of this Agreement may be extended by a writing executed by the City Manager, or his designee, and approved as to form by the City Attorney. 2. INDEPENDENT CONTRACTOR CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, imemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONSULTANT shall not subcontract any of the services required hereunder without the prior written approval of the CITY. 3. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in the Scope of Work attached hereto and incorporated herein as Exhibit A to this Agreement. Consultant shall provide Work Readiness Workshops at the Santa Ana WORD Center as set forth in Exhibit A to this Agreement. Workshops and hours must be pre- approved by the Santa Ana WORK Center staff. 4. CONSULTANT OBLIGATIONS A. CONSULTANT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of 251 -4 CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONSULTANT does not make the above- referenced documents available within the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONSULTANT and all documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONSULTANT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder. D. CONSULTANT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own expense supplies and other costs of said Program. E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1 -31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONSULTANT shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth in 25�-5 "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of this Agreement. H. CONSULTANT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). J. CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964, and provisions of WIA Section 188, as well as Equal Employment Opportunity provisions in Executive Order ( "EO ") 11246, as amended by EO 11375, and supplemented by the requirements of 41 CFR Part 60. Section 188 ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIA assistance. EO 11246 specifically prohibits federal contractors and subcontractors and federally assisted construction contractors, subcontractors or subgramees that have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. All covered contractors must take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. K. The official name for the statewide system of providing employment and training through the Workforce Investment Act (WIA) partnerships and various other local programs is "America's Job Center." To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center." To provide this information to the public, the CONSULTANT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials such as statements, press releases, brochures, advertisements, reports, and other documents describing projects or programs funded in whole or in part with WIA funds. When the America's Job Center logo is used, CONSULTANT may accompany it with the following statement: "The [Program Name] is a proud partner of the America's Job Center network." 261 -6 The CONSULTANT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. 5. APPLICABLE GUIDELINES A. The parties hereto agree that CONSULTANT shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONSULTANT also assures and certifies that: 1. CONSULTANT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONSULTANT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds render this Agreement for a three -year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONSULTANT shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONSULTANT shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONSULTANT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONSULTANT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONSULTANT by the CITY and /or purchased by the CONSULTANT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States 5 25H -7 Government and /or CITY. Upon termination of this Agreement, CONSULTANT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 8. CONSULTANT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONSULTANT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONSULTANT may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONSULTANT is subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 12. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the CONSULTANT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 2dH -8 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services, Fifty ($50.00) per hour, as identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Fifty Five Thousand Dollars ($55,000.00) during the term of this Agreement. CONSULTANT will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said invoice, 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. CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. 7. MISCELLANEOUS PROVISIONS A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONSULTANT certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P,L. 83 -354) and Government Code 12900, et seq. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in the performance of this Agreement. 9. INSURANCE CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive professional public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: 7 25H -9 a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the term of this Agreement a policy of professional public liability insurance insuring the CITY and CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of professional liability insurance shall be endorsed to provide to name the CITY as additionally insured and provide CITY at least thirty (3 0) days written notice prior to cancellation. b. 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. CONSULTANT agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONSULTANT written request 251 -10 to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a change order. 12. BREACH - SANCTIONS If, through any cause, CONSULTANT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, CONSULTANT shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONSULTANT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONSULTANT of such termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the 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: Santa Ana Work Center 1000 E. Santa Ana Blvd., 4200 Santa Ana, CA 92701 Telefacsimile (714) 565 -2602 To CONSULTANT: Mike Marinoff 23310 Stirrup Dr. Diamond Bar, CA 91765 Telefacsimile (714) 459 -8109 9 25H -11 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 zy� Jose Sandoval hief Assistant City Attorney RECOMMENDED FOR APPROVAL: Community Development Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Michael R. Marinoff Tax ID # /SS #: 25A -12 EXHIBIT A Scone of Work America's Work Source Centers - 30 Days to Hire Program • Goal: Clients come in Day 1 (one) and are hired by Day 30 (thirty) Through a series of workshops, on -going training and one -on -one staff and client development, Clients and Work Source Staff will collaborate to actively engage in the career planning and job search process. This includes all preparation time and materials provided. Workshops and workshop materials Include, but are not limited to: • Labor Market Overview • Hidden Job Market • Interviewing with Portfolios - Interview Questions, Techniques, Preparation • Resumes, Cover Letters and Applications - Sample Resumes, Cover Letter and Master Application • Career Fairs • Networking and Social Networking - Elevator Pitch Development, Lead List Generation • Stress Management • Managing Challenging Clients/ Time Management • Youth Programs - Hiring Initiatives • Veteran Programs - Hiring Initiatives • Rapid Response and Outplacement Services • Workforce Investment Act (WIA) Program Management and Metric Tracking Program Summaries: "30 Day Action Plan and Tracking Lop" - Designed to collaborate the client and case manager relationship for a common end goal of EMPLOYMENT. The 30 Day Action Plan follows a case management system that requires ALL parties to be accountable to the process - Clients AND Case managers. The tracking log allows accountability to each party for the steps involved in the process of gaining employment. Partners Program- The purpose of a Partner's Program is specifically for companies and their employees to increase the number of relationships with government, non - profit agencies, universities and other community based resources to provide opportunities for COLLABORATION: An efficient process of job and resource development where businesses alier with business services and students and clients acquire necessary resources education and training and job placement. Designed to optimize your recruiting, marketing, advertising corporate social responsibility, veteran hiring initiatives, training and more... experience at a community and national level, you will benefit from more opportunities to connect with hiring managers, greater brand awareness and visibility in your community. Liaison Program The Liaison Program serves as a program designed to increase the number of employers that participate with the Work Source. This Liaison Program will represent a unique opportunity for clients to build a business operation using this type of communication process to sustain the quality of the Center and the clients in the years ahead. 25k -13 Fee Schedule: Cost: $50 per workshop hour + 1 hour prep time For each workshop. Workshop Summary Form Please complete one form for each workshop proposed for implementation, Vendor Name Mike Marinoff Workshop Title Hidden Job Market /Labor Market Overview Did you know that in 2008 over 80% of all jobs were developed through a networked relation. Meaning it was "Who you Know" and "Who knows You" that led to the majority of hiring. By 2015 that number is expected to reach 97 %. Which means if aren't connected you may be left behind, Did you know that over 80% of the jobs available are NEVER publically advertised or posted! Yet only 20% of those looking for work and careers do so in this area, This workshop will inform you about today's labor market and what it takes — statistically — to gain employment. We cover the current trends, along with some of those that are now out dated in the search process. We will show you how employers look for their hires. Executive Summary of Workshop This workshop will empower you in your career search to take the 250 words or less necessary steps to get where you want to be professionallyl Workshop Presenters Attach resume for each proposed Mike Marinoff Presenter Target Audience Work Center Clients and Staff Length of Workshop 2:00 HOURS Days /Hours Scheduling Flexibility Twice per week — Monda and Wednesday Needs for Workshop Implementation Projector, Screen, Computer, Audio, Internet Access 25h -14 Workshop Summary Form Please complete one form for each workshop proposed for implementation. Vendor Name Mike Marinoff Workshop Title Social Networking — Linked In and other media tools Did you know that in 2008 over 80% of all jobs were developed through a networked relation. Meaning it was "Who you Know" and "Who knows You" that led to the majority of hiring. By 2015 that number is expected to reach 97 %. Which means if aren't connected you may be left behind. This workshop will revolutionize the way you go about your career process. We will not only show you how these tools are causing this revolution in the hiring process, but also how to use them to reach your professional goals. This workshop will empower you to take the necessary steps to connect Executive Summary of your professional network. We cover what networking is defined and how Workshop to actually use it to gain employmentl 250 words or less__, Workshop Presenters Attach resume for each proposed Presenter Mike Marinoff Target Audience Work Center Clients and Staff Length of Workshop 2:00 HOURS Days /Hours Scheduling Flexibility Twice per Week — Monday and Wednesday Needs for Workshop Projector, Screen, Computer, Audio, Internet Access Implementation Cost per Workshop Occurrence 13 25H -15 iso Workshop Summary Form Please complete one form for each workshop proposed for implementation. Vendor Name Mike Marinoff Interviewing with Portfolios Workshop Title You made it to the interview, now what? Interviewing can be a tense and intimidating process. This workshop will provide you with the tools you will need to ACE the interview. Topics include, what is a portfolio, what is the purpose in the career development process and how to utilize effectively. NERVOUS INTERVIEWERS THIS ONE IS FOR YOU!! If you are nervous about interviewing we will show you techniques that can be used to overcome that fear (almost immediately for some people) and ACE the interview!! This workshop will empower you to feel confident in knowing what the Executive Summary of hiring manager or interviewer is looking to achieve with the interview, as Workshop well as how to present your qualifications most professionally. 250 words or less Workshop Presenters Attach resume for each proposed Presenter Mike Marinoff Target Audience Work Center Clients and Staff Length of Workshop 2:00 HOURS Twice per Week Following Hidden Job Market and Social Days /Hours Networking Scheduling Flexibility Tuesdays and Thursdays Needs for Workshop 251 -16 Implementation Projector, Screen, Computer, Audio, Internet Access Cost per Workshop Occurrence 150 Workshop Summary Form Please complete one form for each workshop proposed for Implementation. Vendor Name Mike Marinoff Workshop Title Resumes, Cover Letters and Applications Did you know that in 2008 over 80% of all jobs were developed through a networked relation. Meaning it was "Who you Know" and "Who knows You" that led to the majority of hiring. By 2015 that number is expected to reach 97 %. Which means if aren't connected you may be left behind. Resumes are no longer the industry standard lead in for a job. In fact resume submittal resulted in less than 1 in 100 jobs developed in today's market. This workshop will explain the NEW purpose of the resume and why it is more critical than ever to get it right. We include cover letter writing and the application process... all of which are becoming the new documentation standard for human resources. This workshop will empower you to understand the purpose of a resume, cover letter and application in today's employment market, how they Executive Summary of should be written and most importantly how to get them into the hands of Workshop those who make the decisions. 250 words or less Workshop Presenters Attach resume for each proposed Presenter Mike Marinoff Target Audience Work Center Clients and Staff Length of Workshop 2:00 HOURS Twice per Week Following the Hidden Job Market, Social Days /Hours Networking and Interviewing with Portfolios Scheduling Flexibility Tuesday and Thursday Needs for Workshop 20 -17 Implementation Projector, Screen, Computer, Audio, Internet Access Cost per Workshop Occurrence 150 Workshop Summary Form Please complete one form for each workshop proposed for implementation. Vendor Name Mike Marinoff Workshop Title Resume and Linked In LAB In this lab, clients will actually create and produce a resume and Linked In profile that can begin to set their journey in motion. Clients will learn what the purpose of a resume is and how to write one effectively. They will be given sample resumes, templates, cover letters and master application forms to complete properly and be ready as part of their job search process. We also cover the search process of Linked In as a research tool and how to use the tool to connect to hiring managers directly. Executive Summary of Workshop 250 words or less Workshop Presenters Attach resume for each proposed Mike Marinoff Presenter Clients /Staff Target Audience Length of Workshop 2:00 HOURS Days /Hours Scheduling Flexibility Weekly on-going as time ands ace permits. Needs for Workshop Projector, Screen, Computer, Audio, Internet Access Implementation Cost per Workshop Occurrence 150 25h -18 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS. LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature ME 25H -19 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification; or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - Pg. 2 (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT C 25H -20 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Organization Authorized Signature Date EXHIBIT C 25H -21 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contractor: Contractor Number: Date: The Contractor shall insert in the space provided below the site($) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT C 25H -22 ASSURANCES Subcontractor agrees that in addition to those agreements and obligations specified in the contract boilerplate and scope of work, it will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES 1. Subcontractor assures and certifies that it will not use any funds appropriated under this agreement for religious activity or anti - religious activity, or to promote or oppose any political candidate, parties, and /or beliefs Subcontractor assures and certifies that any requested modification to this agreement must be submitted in writing, explaining requested changes and rationale. Subcontractor further assures that no modification will be implemented without prior written approval from the Santa Ana WORK Center 3. Subcontractor agrees to cooperate with any monitoring inspection audit or investigations of activities related to this agreement as may be scheduled and conducted by the Santa Ana WORK Center 4. Subcontractor agrees to acknowledge (give credit to) the Santa Ana WORK Center in all oral presentations, written document publicity, and advertisements regarding any activities that ensue from this agreement. 25H -23 25H -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: NSP2 SUBSTANTIAL AMENDMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a substantial amendment to the Neighborhood Stabilization Program 2 Application revising the Neighborhood Stabilization Program 2 Target Geography Area, and authorize its submittal to the U.S. Department of Housing and Urban Development. DISCUSSION The City of Santa Ana was awarded $10 million in the second round of Neighborhood Stabilization Program (NSP 2) which is to be used to purchase foreclosed or abandoned properties. Since that time, there have been insufficient foreclosed and abandoned homes within the initial area. The proposed substantial amendment for NSP 2 will amend the Target Geography Area to include adjacent census tracts to allow the City to expend additional NSP2 funds. Revision of the Target Geography Area requires submittal to the U.S. Department of Housing and Urban Development (HUD) for approval. NSP2 regulations require that the draft Substantial Amendment be made available for a 10 -day public comment period. Public notice for the NSP2 substantial amendment was published in the Orange County Register, La Opinion and Nguoi Viet News on March 22, 2014, as well as on the City's website. The 10 -day public comment period concluded on April 1, 2014 at noon. All comments received will be included in the final document when it is submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. 29A -1 NSP2 Substantial Amendment April 1, 2014 Page 2 Shelly La ry -Bayle Housing pager Community Development Agency SLB /NV /kg Exhibit: 1. NSP 2 Substantial Amendment 29A -2 EXHIBIT 1 CITY OF SANTA ANA NSP 24 SUBSTANTIAL AMENDMENT SUBMISSION The City of Santa Ana proposes to modify its target geography initially identified in its NSP Application submitted in July 2009. Due to continual changes in the housing market, particularly the supply of foreclosed properties available on the market, the City of Santa Ana is proposing to add four higher producing census tracts and remove a census tract that has not provided any properties for the program. RATING FACTOR 1: NEED /EXTENT OF THE PROBLEM (a) Target Geography With the addition of the four census tracts (890.04, 992.48, 992.02, and 750.04), the City of Santa Ana is targeting additional census tracts that correlate with areas of the City in which there is an interest in redeveloping. The City has elected to remove one census tract that has not provided any properties for the program and to focus efforts in the new target areas. Since the City's NSP 2 Application, the City has identified opportunities for more affordable housing along key transit corridor of Harbor Boulevard. The Harbor Boulevard Mixed Use Transit Corridor Plan created a vision for the Harbor Blvd for housing opportunities and created the North Harbor Boulevard Specific Plan. In late 2013, the City approved a project along this corridor which utilized NSP funds. With the revisions to the target area, the City of Santa Ana has identified twenty -one census tracts which are listed below. The four new census tracts are highlighted in red in the table. Taken together, these census tracts have an average maximum score of 18, a number that clearly indicates excessive rates of foreclosure and abandonment that, if left unchecked, will have a debilitating impact on real estate values, crime rates and neighborhood stability in the area. The attached map depicts the City's boundaries, the target census tracts and their corresponding maximum score. NSP 2 Substantial Amendment - City of Santa Ana Page 1 29A -3 Census Tract State FORECLOSE VACANCY MAX 6059089004 CA 18 12 18 6059074803 CA 18 11 18 6059074701 CA 18 a 18 6059074802 CA 19 13 19 6059074805 CA 18 5 18 6059074801 CA 18 14 18 6059075202 CA 17 12 17 6059075100 CA 17 11 17 6059075003 CA 18 11 18 6059075002 CA 20 13 20 6059074602 CA 19 12 19 6059074200 CA 19 15 19 6059074103 CA 16 12 16 6059074102 CA 19 7 19 6059074702 CA 18 10 18 6059074601 CA 18 14 18 6059074901 CA 18 14 18 6059075004 CA 16 10 16 6059089105 CA 17 12 17 6059099202 CA 18 9 18 6059099248 CA 19 11 19 Average Max Score 18 Qualified (b) Market Conditions and Demand Factors (1) Market Absorption During the City's initial NSP 2 Application, these four census tracts had similar market conditions and demand factors and the initial target geography area. At the time of application, the City selected a random sample of abandoned and foreclosed homes that were on the market in its target area as of October, 2008. Staff then reviewed data on these same homes as of June, 2009 and determined that, on average, the real estate market in this area is capable of absorbing each month approximately 10 percent of the existing inventory of abandoned and foreclosed homes. An analysis of a random sample of homes sold during this period indicated that, on average they were on the market for 135 days prior to being sold. The City obtained this foreclosure data from First American Corel-ogic, Inc., a subsidiary of First American Company that specializes in real estate data collection and analysis. NSP 2 Substantial Amendment - City of Santa Ana Page 2 29A -4 If one were to assume that the number of homes being foreclosed and abandoned each month in this area will return to historic norms in the near future, these data would suggests that the private real estate market might be able to largely eliminate the problem in no more than three years. The analysis below demonstrates that this is not true. (2) Over - Building, Over Valuation and Unemployment as Causative Factors Overbuilding of housing is not a factor contributing to abandonment and foreclosure problem in Santa Ana. In preparing its new Housing Element as required by the State of California, the City of Santa Ana determined that very little new construction of residential housing has occurred in the past five years. Over - valuation, assumed here to mean the establishment of artificially reflected values due to the availability of subprime and adjustable loans affordable to homebuyers interested in buying in Santa Ana, is a factor. Household income estimates produced by SRC, LLC (SRC) a national firm specializing in demographic research, suggest that between 2000 and 2008 median household incomes in Santa Ana and in its target geography increased at an average annual rate of approximately 1.5 percent. By contrast, and as shown in Chart 1, Santa Ana residential sales prices started going up dramatically in 2002, and by 2006 had gone up by 123 percent. The year 2007 saw the beginning of an equally dramatic decline. Many Santa Ana homebuyers who bought during the intervening years now find themselves owing far more on their homes than they are currently worth. Many homeowners in such situations react by abandoning their homes. Conversely, as home prices have fallen, home sales in Santa Ana have increased in response. NSP 2 Substantial Amendment - City of Santa Ana Page 3 29A -5 Chart 1 Median Home Price Treads Comparison —a—us saaq,on9 , -... — m— canr„m�a S3U0.9UU !. .. �- Ormehc {aunty I »- �-YnnM1a Ana 2002 2003. 2000 zoos 2006 2007 2003 Source: California Association of Realtors and National Association of Realtors The apparent disconnect between the modest increase in household incomes and the dramatic increase in home sales prices during the 2002 — 2007 period was almost certainly a result of the availability of subprime and adjustable loans. Chart 2 below shows a huge increase in the numbers of subprime loans originated in Santa Ana during this same period. Chart 2 $0 Subprime Loans Originated in Santa 40 -I-- I 0 Jan -01 Jan -02 Jan -03 Jan -04 Jan -05 Jan -06 Jan -07 Jan -08 Source: First American Core Logic NSP 2 Substantial Amendment - City of Santa Ana Page 4 29A -6 Despite the resurgence in home sales spurred by the decline in housing prices, it is almost certain that the rate of foreclosures will increase dramatically in the next one to three years and overwhelm the market's capacity to absorb them. In addition to the continuing impact of use of subprime lending in previous years, the primary reason for this is increased unemployment. At least in part as a direct result of the huge downturn in the housing market and in new home construction, the California unemployment rate has gone up dramatically. As of April 2009 it stood at 13.1 percent. Chart 3 demonstrates that the City is disproportionately affected by unemployment as compared to other geographical regions including the nation, state, and county. Chart 3 Unemployment Rates - April 2009 Source: State of California Employment Development Department Increases in unemployment are forcing many California residents into foreclosure, including those with conventional loans. Santa Ana residents are generally of lower income than those of other Southern California cities, and are more frequently employed in industries such as construction that have been most affected by the decline in the housing market. The greatest losses of jobs in the City occurred in the construction, manufacturing, trade and transportation, financial services, and business industries according to preliminary information for April 2009 released by the State of California Employment Development Department. As a consequence, Santa Ana residents have been harder hit by unemployment than residents of many other California cities, and are more susceptible to foreclosure. Although the economy has improved throughout the County, Santa Ana residents are still faced with higher unemployment than other California cities. As of August 2013, the City had a 9.9% NSP 2 Substantial Amendment - City of Santa Ana Page 5 29A -7 unemployment rate compared to the County at 6.2 %. In California, after 17 consecutive months of annual decreases in foreclosures, the state of California experienced an increase of 57 percent (year- over -year) in January 2014 (RealtyTrac). This increase was counter to the national trend. There are currently 726 properties in Santa Ana that are in one of the stages of foreclosure. The zip code 92705, where the proposed addition of census tract 750.04 is located, has the highest foreclosure rate in the City (1 in every 784) — much higher than the City (1 in 1130), the State (1 in every 1047) or Orange County (1 in every 1344). Pre - Foreclosures are up in the City — 2.1% from the prior year and 4.3% from the prior month. Overall, the City of Santa Ana is still higher than the County trend for foreclosure filings. (3) Household Income Characteristics and Housing Cost Burden According to SRC data (Chart 4), in 2008 the median household income in the City's target geography was $48,469, while the City's median was $53,203. In 2009, the four new census tracts were all below the County's median household income and continue to be below the median household income compared to the State and Orange County. Because the City's current residents, and especially its target area's current residents represent a very important pool of potential homebuyers, their comparatively lower incomes represent a significant obstacle to the private market's ability to absorb foreclosed properties. New Census Tract 2009 ACS Median Household Income 2012 At S Median Household Income 750.04 $41,521 $40,000 890.04 $45,721 $51,058 992.02 $68,814 $59,336 992.48 $43,980 $44,576 Orange County $73,738 $75,566) California $60,392 $61,400 Source: ACS 5 -year Estimates (2012, 2009) Chart 4 NSP 2 Substantial Amendment - City of Santa Ana Page 6 29A -8 Source: SRC, L-C. Cost burden is a serious issue as well. The term refers to a situation where a household pays more than 30 percent of their gross income for housing costs. The 2007 American Community Survey reports that 47 percent of the City's homeowner population pays 30 percent or more of their gross monthly income on housing costs while the percentage for the renter population is 55. Overpayment is an issue in Santa Ana for both homeowners and renters alike which cause serious housing costs burden for families with lower incomes. Due to high housing cost, many families have no choice but to live in overcrowded conditions. In these four census tracts, over half of renters (64 percent) pay over 30 percent of their household income towards rent. While nearly half (46.3 percent) of homeowners pay more than 30 percent towards housing costs. (4) Other Relevant Factors Contributing To Local Market Conditions or Neighborhood Decline These four proposed census tracts have the following other factors contributing to the local market conditions and the City's substantial amendment: • High Foreclosure Risk Score - These four census tracts have high foreclosure risk scores, according to HUD as of 2009. • Percent of High -Cost Mortgages and High Leverage — these four census tracts had high rates of HMDA mortgages made between 2004 to 2007 that are high cost and high leverage, according to HUD as of 2009. This factor is a good predictor of foreclosure problems in the area. NSP 2 Substantial Amendment - City of Santa Ana Page 7 29A -9 Proposed Census Tract Rate as of 2009 992.02 19.06% 992.48 27.21% 890.04 26.91% 750.04 18.75% • Low Cost Mortgages and High Leverage: These four census tracts have high rates of HDMA mortgages made between 2004 and 2007 that are low cost and high leverage, according to HUD as of 2009. This is a good factor as a good predictor of foreclosure problems in the area. Proposed Census Tract Rate as of 2009 992.02 38.76% 992.48 22.06% 890.04 29.49% 750.04 30.56% As discussed in the City's initial application, a factor impacting market conditions in the City's target geography is investor purchases. CoreLogic data on recent sales in the City's target geography suggest that while the market is capable of absorbing about 10 percent of available foreclosed properties each month, roughly 33 percent of the purchases are made by investors as opposed to households intending to occupy them as their principal residences. The general practice among investors is to make only repairs that are absolutely essential, and then resell the homes at the highest possible sales price. In a continuing down market, they may rent out homes until the market changes and they can sell at a good profit. In such cases they tend not to worry about overcrowding or about keeping their properties in good repair. When investors are not able to sell their homes at a profit they tend to make minimum repairs and rent the substandard houses at market rental prices. In those instances where the housing market suffers a prolonged slump, and they are unable to sell or even rent, investors may abandon the homes they bought out of foreclosure. As unemployment levels rise and the pool of potential homebuyers decreases, investors can be expected to allow at least some of their properties to go back to their lenders. The Wall Street Journal is reporting that most economists are predicting a prolonged period of high unemployment. NSP 2 Substantial Amendment - City of Santa Ana Page 8 29A -10 A third additional factor likely to negatively affect market conditions in the City's target geography is future rate adjustments. The City's data indicates that, throughout the City, there are approximately 6,875 more Adjustable Rate Mortgages (ARMS) due to reset in the next few years. Many of these loans can potentiallyjump in interest rate from introductory teaser rates to an adjustable market rate, which will make it very difficult for many homeowners to make their payments. With the sharp increase of foreclosures on the market during the next few years coupled with further increased unemployment, the ability for the housing market to absorb these additional homes will decrease. While it may not impact the capacity of the private market to absorb foreclosed properties, overcrowding is a serious issue affecting neighborhood decline in Santa Ana's target geography. Due to a mismatch between income and housing price increases over the last several years and our community's historical lower wages, families have resorted to doubling up with other families in one residence to decrease their housing cost burden. Another reason for overcrowding in Santa Ana is larger family sizes. According to the 2000 Census, the average Santa Ana household size is 4.7 persons; the largest in the county. The result is that, according to the 2000 Census, at least 50 percent of Santa Ana households live in overcrowded conditions that damage housing units, disrupt family life, and make neighborhoods less attractive to potential homebuyers. It also manifests itself in dilapidated infrastructure, increased numbers of illegal additions and garage conversions. A fourth factor that contributes to market conditions and neighborhood decline is the age of existing housing in Santa Ana's target geography. Currently there are 75,856 housing units located throughout the City. Approximately 81 percent of the housing stock was built before 1980. While Santa Ana residents work hard to keep their homes in good condition, homes require repairs as they age, and due to the lower incomes of residents they do not always have the financial resources to pay for such repairs themselves. The sight of older homes in need of repairs, and possibly harboring deteriorated lead based paint, can and does negatively impact neighborhood property values, homeowner willingness to make necessary and expensive repairs, and neighborhood attractiveness to potential homebuyers. The age of Santa Ana housing is associated with other potential problems. HUD and the U.S. Environmental Protection Agency have determined that homes built before 1978 often have NSP 2 Substantial Amendment - City of Santa Ana Page 9 29A -11 lead -based paint hazards. Young children are particularly susceptible to these hazards, and lead poisoning can have long term, deleterious consequences for them and their families. In this regard it is important to note that Santa Ana has a very young population, and so more children at risk of lead -based poisoning. According to the 2000 Census, children under the age of 18 and family forming adults between the ages of 25 and 44 each comprised more that 34 percent of the City's population. A final contributing factor is gang activity. The poorer neighborhoods in the City of Santa Ana, many of which are in the NSP 2 target geography, have long been negatively impacted by gang activity. Gangs are prone to congregate in vacant buildings, causing disruption in the neighborhoods and in most cases physical destruction of the homes they take over. They also are a deterrent to attracting new homebuyers. (5) Activity Categories The City will continue its NSP2 activity categories in these four proposed census tracts. The City has determined that the NSP2 activity category most likely to achieve neighborhood stabilization in the City's targeted neighborhoods is the establishment of financing mechanisms for the purchase, redevelopment, resale and /or rent foreclosed upon residential properties. The City believes that through its proposed programs it will be able to address the destabilizing impact of most of the factors identified above. The Downpayment Assistance and Single Family Acquisition and Rehabilitation Programs will have the following positive benefits: • Over Valuation. Properties will be purchased at prices established in accordance with appraisals. Buyers will not be assisted to purchase homes at inflated prices. • Subprime Mortgages. Buyers will be required to obtain homebuyer counseling and conventional, fixed rate affordable first mortgages. • Lower Household Incomes. Buyers will be provided with silent second mortgages. NSP 2 Substantial Amendment - City of Santa Ana Page 10 29A -12 • Investor Purchases. Assistance will only be provided to homebuyers committed to using the home as their principal residence. Continued use of the property for that purpose will be monitored. • Overcrowding. Affordable financing and realistic purchase prices will enable homebuyers to purchase homes that are adequate to their household needs. • Disrepair and Lead Based Paint. Homes purchased through the Single Family Acquisition, Rehabilitation, and Resale Program will be free of code deficiencies. Homebuyers using the City's Downpayment Assistance Program will be encouraged to take advantage of the City's affordable rehabilitation loan programs to address code deficiencies, Those programs allow for forgiveness of funds necessary to address lead based paint hazards. • Gang Activity. Homebuyers using these programs will reduce the number of vacant homes susceptible to gang takeover. The City's Acquisition and Rehabilitation of Rental Housing Program will have different, though equally important positive benefits as follows: • Cost Burden. Rents will be fixed at levels affordable to very low- income households. The City will calculate rents in accordance with HOME regulations. Owners will be required to reduce them in accordance with an allowance for tenant paid utilities. • Overcrowding. The City will require that property owners comply with Federal guidelines regarding occupancy. • Disrepair and Lead Based Paint. Owners will be required to maintain their properties in accordance with HOME Program regulations. The City will conduct periodic physical inspections to insure that this is done. • Gang Activity. Owners will be required to adopt and enforce appropriate house rules prohibiting such activity. Central to the City's achievement of these benefits will be its commitment to work only with nonprofit or for profit buyers of rental units with an established track record of effective property management. NSP 2 Substantial Amendment - City of Santa Ana Page 11 29A -13 RATING FACTOR 2: DEMONSTRATED CAPACITY AND RELEVANT ORGANIZATIONAL STAFF (a) Past Experience of the Applicant Substantial Amendment does not change the substance of the original application. (b) Management Structure Substantial Amendment does not change the substance of the original application. RATING FACTOR 3: SOUNDNESS OF APPROACH (a) Proposed Activities Substantial Amendment does not change the substance of the original application. (b) Project Completion Schedule Substantial Amendment does not change the substance- of-the original application. (c) Income Targeting Substantial Amendment does not change the substance of the original application. (d) Continued Affordability Substantial Amendment does not change the substance of the original application. (e) Consultation, Outreach, Communications Substantial Amendment does not change the substance of the original application. (f) Performance and Monitoring Substantial Amendment does not change the substance of the original application. RATING FACTOR 4: LEVERAGING (a) Leveraged Funds Substantial Amendment does not change the substance of the original application. (b) Rubric Substantial Amendment does not change the substance of the original application. NSP 2 Substantial Amendment - City of Santa Ana Page 12 29A -14 RATING FACTOR 5: ENERGY EFFICIENCY IMPROVEMENTS AND SUSTAINABLE DEVELOPMENT FACTORS (a) Transit accessibility These proposed census tracts provide further transit accessibility to the region. The proposed fixed guideway, connecting to the Santa Ana Regional Transportation Center and regional train system, will have the final stop on Harbor Blvd. The Harbor Corridor Plan creates mobility for all transit modes along Harbor Blvd. In addition, the County's first rapid transit bus line (Bravo! Route 543) which provides quick service to major transport points between Costa Mesa and the Fullerton Transportation Center and is located on Harbor Boulevard. (b) Green building standards Substantial Amendment does not change the substance of the original application. (c) Re -use of cleared sites Substantial Amendment does not change the substance of the original application. (d) Deconstruction Substantial Amendment does not change the substance of the original application. RATING FACTOR 6: NEIGHBORHOOD TRANSFORMATION AND ECONOMIC OPPORTUNITY Substantial Amendment does not change the substance of the original application. NSP 2 Substantial Amendment - City of Santa Ana Page 13 29A -15 ATTACHMENT 1 NOTICE OF PROPOSED ACTION TO BE TAKEN BY THE CITY COUNCIL OF THE CITY OF SANTA ANA RESPECTING A PROPOSED SUBSTANIAL AMENDMENT TO THE CITY OF SANTA ANA 2013 -14 CONSOLIDATED PLAN ANNUAL UPDATE AND A PROPOSED SUBSTANTIAL AMENDMENT TO THE CITY OF SANTA ANA'S NEIGHBORHOOD STABILIZATION PROGRAM 2 APPLICATION The City of Santa Ana will be submitting a substantial amendment to the City's Neighborhood Stabilization Program 2 Application. On April 1, 2014 on or about 6:00 p.m. at the City Council Chambers, the City Council will take action on a request to authorize submittal of the substantial amendment to the U.S. Department of Housing and Urban Development (HUD). The proposed amendments will revise the City's Target Geography Area for its NSP2 grant funds. The draft substantial amendment will be available for public review from March 22, 2014 to April 1, 2014 at the following locations Monday through Friday during normal business hours: Community Development Agency, 20 Civic Center Plaza, 6'h Floor; Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809; and the Main Public Library, 26 Civic Center Plaza, Santa Ana, California. Written comments on the proposed amendment must be submitted to the Housing Division on or before April 1, 2014 at noon. Published: March 22, 2014 NSP 2 Substantial Amendment - City of Santa Ana 29A -16 i-Anffy:WNOW Revised Map NSP 2 Substantial Amendment - City of Santa Ana 29A -17 891.04 a \? �K 141.66 N l4Q y-0a I R GROVE I BLVD ]53.01 MEMORYI 391.07 ]63.02 �' ]52.01 ]41.09 ]41.11 ]49.02 AV EGINOf ]44.03 143 ]4 OU 749.00; ]40.03 741 ]40.04 m1 1 0] ]40.06 NSP2 Target Geography 29A -18 ]55.15 Copyright 2009. All Rights Reserved REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2014 TITLE: AUTHORIZE CITY MANAGER TO EXERCISE OPTION TO RENEW CONTRACTS ON PREVIOUSLY APPROVED AGREEMENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO V -1-1Y FILE NUMBER 1. Authorize the City Manager to exercise the options to renew as provided for in the agreements identified in Exhibit A. 2. Authorize the City Manager, Clerk of the Council and City Attorney to execute the options to renew and Letters of Renewal as provided for in the agreements DISCUSSION In alignment with the City's Strategic Plan of creating a culture of efficiency, innovation and transparency, City staff is seeking approval to authorize the City Manager to exercise the option to renew contracts on existing contracts that have been previously approved by the City Council. The authority and approval to renew contract amendments will streamline processes. Current practice requires staff to generate an agenda report for each option to extend contracts and place on the City Council agenda for re- approval. The streamline practice proposed will allow staff and the City Manager to determine if the option to extend should be exercised. It is important to note that authority is sought on contracts that have been previously approved by City Council and include an option to renew; this is not a request for blanket authority on any other contracts. Exhibit A is a listing of all agreements with options to extend contracts. FISCAL IMPACT Funds encumbered for when initially approved by the City Council. There is no additional fiscal impact associated with this action. 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M oz¢ww= w0 °¢¢wz� zz�m3D�¢ >Q¢mmUUUUUUWU. u.00xx?��JW�� OOaaKmN NN 055 x>i >i �i {RiNN U' x �i ym w C9 w 7 O ¢ ¢ ¢ m �NMyVI(OMOS��S�S����NNNNNNNNNSM MtM+1 Ca")CN]MMMMVO'V V V V � V V V� �l] w N N��� N h h 29B -3 )() \) \ }( \)))) \) /\\ \\( \( \\\)( \\ /§ /))) /0 §§ ( ( ! <:wa::»§®2S!- !\\\\(\\\\\\\ }( \ \ \) } } }( :(j () }); /]§ !w \(j\\ \ } \ \j! }�§ �) } ) _ �o (} \ \ §( k \ \(} }w ;(0 x <§( §! /<0w0=,`!:[! �K «0 /:z!§:! ®,: ) §§§ \4!§(§ \! \ §§ � REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -05 TO ALLOW THE EXPANSION OF AN EXISTING NEIGHBORHOOD COMMUNITY CENTER AND VARIANCE NO. 2014 -01 TO ALLOW A REDUCTION IN PARKING FOR THE BOYS AND GIRLS CLUB AT 950 WEST HIGHLAND STREET - MATT MOLSBERRY, APPLICANT I CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _ 9.00 F ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -05 as conditioned and Variance No. 2014 -01 as conditioned. PLANNING COMMISSION ACTION On March 10, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -05 as conditioned and Variance No. 2014 -01 by a vote of 6:0 (Gartner absent) to allow the expansion of an existing neighborhood community center and a reduction in the required parking at the Boys and Girls Club located at 950 West Highland Street in the Multiple - Family Residential (R3) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The Boys and Girls Club of Santa Ana proposes to remodel and expand an existing neighborhood and community center at 950 West Highland Street. The remodel will include a new game room, learning center, career development area and teen center. The applicant also proposes to construct a new 1,836 square foot garage /maintenance structure on a newly acquired vacant parcel immediately east of the existing Club. The approval of the conditional use permit and variance would allow the facility to continue to provide needed services to current and future community residents. 31A-1 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 April 1, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency VC:rb VC \MAReports\CUP14- 5;VAR14 -1. Boys &GirlsClub.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR MARCH 10, 2014 TITLE. PUBLIC HEARING – FILED BY MATT MOLSBERRY FOR CONDITIONAL USE PERMIT NO. 2014 -05 TO ALLOW THE EXPANSION OF AN EXISTING NEIGHBORHOOD COMMUNITY CENTER AND VARIANCE NO. 2014 -01 TO ALLOW A REDUCTION IN PARKING FOR THE BOYS AND GIRLS CLUB AT 950 WEST HIGHLAND STREET Prepared by Verity Carvajal � intem x Dt PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request. 11 Staff Recommendation CONTINUED TO — 4 /_ Actir Plan: ' 9 Manager 1. Adopt a resolution approving Conditional Use Permit No. 2014 -05 as conditioned. 2. Adopt a resolution approving Variance No. 2014 -01 as conditioned. DISCUSSION Request of Applicant Matt Molsberry, representing the Boys and Girls Club of Santa Ana, is requesting approval of a conditional use permit in orderto allow the renovation and expansion of an existing neighborhood and community service center at 950 West Highland Street. In addition, the applicant is requesting approval of a variance from Section 41- 1420(a) of the Santa Ana Municipal Code (SAMC) in order to allow a reduction in required parking for the site. Proiect Location and Site Description The site, located at 950 West Highland Street is a 2.22 acre parcel of land located midblock between Flower and Shelton Streets. The site contains a total of two existing buildings: a 15,704 square foot building occupied by the Boys and Girls Club, a non- profit organization devoted to the care and safety of children in the community, and a 1,440 square foot pediatric community clinic operated by the Children's Hospital of Orange County (CHOC). A total of 32 parking spaces are provided on the site. The property is surrounded by a mixture of single and multi - family residential and the Pia Pico Elementary School to the north; single- family residential to the south; and both single and multi- family residential to the east and west (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 March 10, 2014 Page 2 Proiect Description The subject of this application is the remodel and expansion of the existing neighborhood community center for the Boys and Girls Club. The project involves the reconfiguration of the existing community center which currently includes classroom, office and storage areas. These areas will be remodeled to include a new game room, learning center, career development and teen center. The existing center will also feature two new entry lobbies which will result in 500 square feet of new floor area to the existing building. As a result of the Interior remodel and reallocation of existing and storage space, the applicant proposes to construct a new 1,836 square foot garage /maintenance structure on a newly acquired 6,750 square foot parcel immediately east of the existing building. The new parcel has been incorporated into the development through a voluntary lot merger and maintains consistent zoning with the subject site. Due to the additional square footage proposed and the expansion onto an adjacent property not originally contemplated by previous entitlements, the applicant is requesting approval of a conditional use permit to continue operating a neighborhood community center. in addition, the existing facility is considered legal nonconforming as to requirements for parking. Based on current code standards and existing facility, the applicant is requesting a variance from the number of required parking spaces. Various site and fagade improvements including new landscaping, exterior windows and additional architectural treatments will result in a consistent architectural theme for both the existing and proposed garage building, Interior upgrades will feature separate adult, teenager, and children facilities as well as upgrades to existing restroom facilities (Exhibits 4 through 9), Proiect Background The Boys and Girls Club of Santa Ana has occupied the site at 950 West Highland Street since 1956. The Club is a non - profit organization devoted to the care and safety of youth ages 6 -18 in the community. The Club offers programs related to academics, at -risk youth, character and wellness, physical fitness and recreation, technology, teens and the arts. In 1999, Conditional Use Permit No. 99 -27 was approved to allow Children's Hospital of Orange County (CHOC) to operate a pediatric community clinic on the site and construct a new 1,440 square foot building on the west side of the property; The Bays and Girls Club continues to thrive and intends to expand its operations onto a recently acquired property just east of the existing site. The lot merger to create a single development site has been processed under a separate, ministerial lot merger application. 31A-4 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 March 10, 2014 Page 3 General Plan and Zonina Consistenc The General Plan land use designation for the site is Low- Density Residential (LR -7), which allows for neighborhood serving uses such as community centers, The existing Boys and Girls Club and proposed expansion is consistent with the land use designation. The subject site is located in the Multiple- Family (R3) zoning district. The R3 zone allows for accessory buildings, schools, public buildings and neighborhood community centers in addition to multiple - family residential uses subject to a conditional use permit. The proposed use is consistent with the uses permitted in the R3 zoning district. Analysis of the Issues The Santa Ana Municipal Code (SAMC) allows for neighborhood and community service centers in the R3 zone subject to the approval of a conditional use permit. Although the existing facility has been in operation since 1956, the new pediatric medical clinic in 2000 triggered the Bays and Girls Club to obtain the necessary discretionary approvals, The remodel of the existing building would not typically require further review of an existing CUP; however, the construction of the new garage onto a new parcel to the property expands the existing use and necessitates the requirement to obtain a new conditional use permit. The facility has been designed to comply with all applicable development standards. For example, the existing facility has been designed to comply with setback, building height, and landscape standards. In addition, the existing building and proposed garage structure have been designed to maintain complementary architectural features, materials, and colors. Lastly, a decorative hardscape and a new six -foot decorative block wall will be provided along the south and east property lines to separate the Club from adjacent residential uses. Finally, a parking analysis was prepared to ensure the existing parking supply would continue to support the existing and proposed operation of the Boys and Girls Club operation (Exhibits 10 and 11). Conditional Use Permit (Neighborhood and Community Service Center) 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 will not adversely affect the present economic stability or future economic development of properties surrounding the area. 31A-5 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 March 10, 2014 Page 4 • 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 Boys and Girls Club is a community facility for all ages with programs that range from after school programs for both local residents and school children to youth sports and adult education. The proposed modifications to the existing facility and new expansion will provide the space and amenities necessary to serve more members of the community resulting in the increased well- being of the neighborhood and surrounding area. • The promotion of good health, safety and welfare of its members and community as a whole are key goals of the Boys and Girls Club organization. The remodel of an existing facility and its continued operation will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The Club has been in operation since 1956 and is an established community asset. • The continued use and expansion of the Boys and Girls Club at its present location will continue to provide life- enhancing programs and character development incentives that foster hope, opportunity, and economic stability. Its operation will provide further economic stability and will have no detrimental effects to the economic development of properties in the area. • The remodel and expansion of an existing neighborhood community center will be in compliance with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code, including the Multiple - Family Residence (133) development standards applicable to this use, The new lobby areas and new garage construction will comply with all building setback and applicable standards. • The Boys and Girls Club expansion will not adversely affect the General Plan as the project is consistent with Policy 1.7 of the City's General Plan Land Use Element as the Boys and Girls Club supports the development of commercial and nonprofit recreational facilities and services. In addition, this neighborhood community center is consistent with Policy 3.1, which supports development that provides a positive contribution to neighborhood character and identity. 31A-6 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 March 10, 2014 Page 5 Variance (Parking Reduction Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings, • That the granting of the variance is :necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property, • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The Boys and Girls Club is requesting approval of a variance to allow a reduction in required parking. The existing site contains a total of 32 parking spaces for the Boys and Girls Club including nine parking spaces shared with the CHQC pediatric community clinic as approved in 2000. The proposed building entry lobby to the existing facility and former garage square footage is parked at a rate of five spaces per 1,040 square feet pursuant to Section 41- 1420(x) of the City's parking standard for these types of unspecified uses. Based on these requirements and previous entitlements which approved the original neighborhood community service center building and subsequent pediatric medical clinic, 12 additional parking stalls are required for the new lobby area and former garage space area, while no additional spaces are proposed. This proposal would result in a parking deficiency of approximately 28 percent. To analyze whether the existing parking on the site could accommodate the additional square footage proposed, and therefore substantiate the variance request, the applicant hired the traffic engineering firm of Sasaki Transportation Services, Inc. to provide a parking supply and demand analysis. The analysis was intended to provide a study of the demand for parking based on the actual activity patterns of the center on two weekdays from 2:00 to 6:00 p.m. which coincides with the peak usage patterns of the Club. Based on this analysis, a peak parking demand of 29 spaces would occur during the weekday (Thursday) peak at 3:00 p.m. The parking analysis also monitored the availability of off -site parking at Pio Pico Elementary during these peak periods as the applicant has asserted their agreements to utilize parking at the elementary school during peak periods or during special events. Lastly, the applicant was asked to prepare a parking management solution to describe parking utilization of the Club during special or seasonal events. 31A-7 Conditional Use Permit No, 2014.05 Variance No. 2014 -01 March 10, 2014 Page 6 The parking analysis determined that the current and future demands of the Boys and Girls Club do not exceed the available on -site parking spaces. In addition, the site's location within an established neighborhood and proximity to local schools make it a walkable use with minimal need for additional vehicle parking improvements. Lastly, conditions of approval have been added to ensure additional bicycle racks are installed for those traveling to and from the facility by bicycle, The project site has a special circumstance related to its location and surroundings. The Boys and Girls Club is an existing neighborhood and community center located within an established neighborhood on Highland Street that is surrounded by residential uses. In addition, its location directly across the street from an existing elementary school presents a unique opportunity for local residents and students to access the center by foot. Next, the need to preserve open space necessary for physical activity is an important feature of the Club. The existing athletic field would be compromised if additional parking is provided, The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to utilize the neighborhood and community center to the greatest extent possible. The center contains a variety of indoor and outdoor features devoted to improving the lives of the youth in Santa Ana that lend to the success of the facility. The parking variance would preserve the character of the original Club and allow for its continued use and enjoyment, The granting of the variance will not be detrimental to the public or surrounding properties, As demonstrated in the parking analysis for the project, the Boys and Girls Club will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting the adjacent residential neighborhood. The granting of the variance will allow the Boys and Girls Club to focus on the improvements to the existing and proposed buildings. Further, the Boys and Girls Club maintains shared parking agreements with Pio Pico Elementary School for use during peak or seasonal events. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. Finally, the project will not adversely affect the General Plan as the proposed neighborhood and community center use is consistent with Goals 1 and 4 of the Land Use Element of the General Plan, These goals encourage uses such as the Boys and Girls Club that promote a balance of land uses to address basic community needs and which protect and enhance development sites which are unique community assets that enhance the quality of life. 31A-8 Conditional Use Permit No. 2014 -05 Variance No. 2014 -01 March 10, 2014 Page 7 Public Notification The project is located within the boundaries of the Pico - Lowell Neighborhood Association. Staff made contact with various neighborhood leaders as part of the Pico- Lowell Neighborhood and the Principal of the Plo Pico Elementary School to ensure that they were notified of this project and to identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Anal sis This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. A Notice of Exemption for Categorical Exemption Environmental Review No. 2013 -62 will be filed for this project. Conclusion The renovation and proposed additions to the Boys and Girls Club will allow the facility to continue to provide needed services to current and future Santa Ana youth. To address any potential concerns related to the proposal, staff has included conditions of approval that would serve to address these issues. Staff recommends that the Planning Commission approve Conditional Use Permit No. 2014- 05 and Variance No. 2014 -01 as conditioned. Verny Carvajal Senior Planner VC:jm VCWARepects\CU(1 M5 ;VAR11- 1.6gys&GI dsGlub. pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3— Site Photo Exhibits 4 through 9 — Site Plan, Floor Plan, Elevations, Landscape Plan Exhibit 10 — Parking Analysis Exhibit 11 — Parking Plan Memo for Special Events 31A-9 u. >p� FIRST .r r —r L I, u ',w., ib N� r l �I_ I Rl J _I fe I Q "L ,ns.pa WILSHIRE AVE, xi-sao- At GENER/d.AGMCULTURALt CR MMMMALRBOanlAL W SNG{EFAMILYiE� OMML -N EAMNGMOOiFlGMION cc 0ov"dENTOWTM R2 TvormilLYEfi9Dalm GSA COMMEFSAALSOURIMAIN Mi UGHTINDUS(RAL to MUMIF:EaENST/MULTIFLE C1. 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March 4, 2014 Mr. Peter Lewandowski. Environmental Impact Sciences 26051 Via Concha Mission Viejo, CA 92641 Subject: Addendum parking Evaluations for Proposed Renovations of the Boys and Girls Club, 950 Highland Street- Santa Ana Dear Mr. Lewandowski: These addendum parking evaluations (" Addendum") have been completed in response to City of Santa. Ana staff requests, and supplements our October S, 2013 study and findings. This Addendum summarizes the findings of bur supplemental parking analysis for the proposed renovation of the Boys and Girls Club at 456 Highland •Street in the City of Santa Ana ("Project "). These additional analyses are based upon information provided by the applicant, input from City staff, additional field studies of the Project site (conducted on Thursday, January 23, 2014), past emperience with these types of evaluations, and standard reference materials. PROJECT DESCRIPTION The proposed Project is an existing, operating Boys and Girls Club ( "Club") and the scope of work is described as tenant improvements that consist primarily of interior alterations and minor exterior additions to the original structure. The proposed Project is indicated to involve: tenant improvements (4,454 SF), entry and teen center addition (224 SF), entry and youth addition (225 SF), and new garage (1,836 SF). It is our understanding the current operations of the Club will not significantly change as a result of the Project, the facility upgrades are intended to better serve the existing members. With regard to parking there are 32 parking spaces, per field counts counted on the west side of the Boys and Girls Club (noted as Areas A -C on the table in the Attachments for this report). This parking area is shared with a CHOC building. In addition, there are four existing parking spaces (area D) at northeast corner of the site in the vicinity of the future garage. P.O. BOX 5159 1 AGUWA BUAG11, OA 92652 (949)376-66t3 z Previous site plans referenced for the October 5, 2013 study showed the parking area on the west side of the building would be expanded to provide six (6) additional parking spaces. Based on further investigation by the applicant, it was determined construction of these added parking spaces was not feasible, so they are not a part of the current Project. Still a part of the Project; is the elimination of the fogs existing spaces at the northeast portion of the building, to be replaced with an enhanced entry area. The new garage is anticipated to provide some vehicle parking but to provide a conservative evaluation, the parking in the garage has not been counted in the parking supply /demand analyses. PARKING ANALYSES In the previous analyses, parking demand counts were conducted on Wednesday (10/2/13). City of Santa .Ana staff request an additional day of counts, so Sasaki. Transportation Services; Inc. C'STS") conducted field parking counts and observations on Thursday (1/23/14). Summaries of the count data and findings are presented below. Parking Demand Counts The additional parking demand counts were conducted (1/23/14) at the Boys and furls Club parking lots_ In addition, the elementary school parking lot across the street from the Bays and Girls Club was counted since the applicant indicated they may use this lot on occasion for overflow parking (i.e,, during special events), The existing demand counts for the parking lot west of the Boys and Girls Club was separated Into three areas (Areas A, B, and C). The fourth area CD") is located at the northeasterly corner of the site and has four parking spaces. Aerial Googly Maps printouts of the Club lot and elementary school lot, with the parking study areas noted are provided in the Attachments, In general, the Field parking demand counts account for the specific operation of this Boys and Girls Club (i.e., attendance by children, walking proximity of schools, limited vehicle use, cto) differing peak parking demands for CHOC, and the potential for use of the elementary school parking, The peals parking demands for the Project operations were observed again to supplement the previous findings (10/5/13 report). The peak operating tunes for the Club are weekdays 2:00pm- 6 ;00pm; the previous and current counts were conducted during this peak time period. As previously noted, the study day and date are: Thursday (1/23/14) As shown on the aerial photo of the Chub lot, provided in the Attachments, the Project site was divided into parking areas "A" through "D " so detailed parking demand information would be available for reference. SA.SAMTRANSPORTATION SERVIC7'+S, rive. B&G Club, Santa Ana a &e; Park Addenda, Fen -14 Addendum Parking Study Of the 36 total existing on -site spaces- - In Area A there are eleven (11) parking spaces which are adjacent to The Boys and Girls Chib. In Area B there are twelve (12) parking spaces in the southwesterly area of the Club lot. As a part of the updated Project, this parking area will not be expanded to provide additional parking spaces, - In Area C there are nine (4) parking spaces which are adjacent to the CHOC side (west side) of the lot, These spaces are signed for CITOC use but some Club associated parking was observed to occur in these spaces. - 1n Area D there are four (4) parking spaces at the northeasterly portion of the site. These spaces would be eliminated in conjunction with development of the proposed Project. - There would be no change to the number of parking spaces in Areas A, B, and C. In Area D there would be a loss of four spaces, which translates to an overall not decrease of four (4) parking spaces, on -silo, for post- Project conditions. The parking demand count summaries for this additional count day (as requested by City staff) are provided in the Attachments, The demand counts were recorded at I0- minute intervals during the study period and each study area was counted separately. Both on -site and off -site (the elementary school) parking demands are listed for each of the study times, documenting the actual parking demands and interactions, By subtracting the "Total Parking Demands" from the total of 36 on -site parking spaces, the "Total On -Site Available Spaces" for each time period is provided in the summary sheets, During the counts (1/23/14) it must be noted there was a ceremony being conducted in parking Lot D of the Bays and Girls Club from approximately 3:30- 4 :30pm. People arrived before the start and did not leave immediately after. The parking demand counts summary in the Attachments reflect this activity and associated vehicles parked on -site and. at the school parking lot, No parking was allowed in Lot D (four total spaces) from 2 40pm to about 5 :20pm. In addition, it was noted about 3-4 vehicles were parked in unmarked parking spots in the west lot (Areas A, B, and C) during the approximate 3:304:30pm period, Overall, there were estimated to be about 35-40 people attending the ceremony and 20 -25 related vehicles. Observations and the data indicate there were no significant adverse parking impacts for the study area resulting from the ceremony, The focus of these analyses, however, are the parking demands associated with day to day operations, The field count summary sheet (in the Attachments) includes notation that approximately 12 ceremony related vehicles were parked in Lots A, B, and C, while the other ceremouy related vehicles were parked in the school parking lot and/or other adjacent areas. SASAMTRANSPOR.TATTON STORVIGUS, ANC. B&G Club, Santa Ana B &C Park Addend#, I?eb -14 Addendum Parking Study 4 Findings The following is a brief description of the findings; The peak on -site parking demand of 29 vehicles in marked parking spaces (plus 3 -4 in unmarked spaces) occurred at 3:50pm (for the previous count with no ceremony, the peals was 24 vehicles at 2 :00pm mid 2;10pm). - The 29- vehicle peak parking demand (3:50pm) resulted in 7 available parking spaces for current peak condition. Due to the ceremony, 4 spaces (Lot D) could not be accessed and there were 34 vehicles in unmarked spaces, so the on -site lots were essentially full, - On -site there were approximately 12 parked vehicles associated with the ceremony (during the 3:50pm peak) that would not be there during normal, day to day operations. Overall, when the ceremony related vehicles are subtracted from the total on -site parking demands, the findings are consistent with the previous report (10/5/13). The previous report showed 16 available on -site parking spaces during the peak 14- minute period, This current study shows 15 -16 available spaces (7 available spaces at 3 -50pm, minus 3 -4 vehicles parked in unmarked spaces, plus 12 ceremony related vehicles) when only considering the day to day operations vehicles (subtracting the ceremony related vehicle). - Both the previous report (10 /5713) and current data show approximately 15 -16 available on -site parking, spaces, during the peak 10- minute period. The current Project anticipates a loss of four (4) parking spaces due to the renovation, but this would still heave 11 -12 available parking spaces during peak day to day operations. - During the peak parking demands (3:50pm) there were 13 available parking spaces (off- site) at the elementary school lot (school a- ceremony related vehicles). Since the proposed renovations are anticipated to better accommodate the existing population at the Boys and Girls Club but not significantly alter the operations, this Addendum serves to confirm the findings of parking adequacy, (concluded in the original study, - Although not the focus of this Addendum, it also provides anecdotal: confirmation of the applicant's indications, they anticipate being able to use the elementary school parking lot to accommodate sortie special event related parking. SASAIaTRANSPOR.TATION SERVICES, INC. B &G Club, Santa Ana MG Park Addenda,. keb -14 Addendum. Parking Study lYii&gaiions Rased on the finding of the .Addendum parking study: - No mitigation measures are recommended. SAY The Addendum Parking, analyses serves to confirm the findings of the original parking study (t 0/5/13), which concluded there is adequate parking to serve typical day to day operations, We appreciate the opportunity to be of service to you on this project. if you have any questions, or comments, please do not hesitate to contact us, Respectfully submitted, SASAKr TRANSPORTATION SERVICES Steven S. Sasaki, P.E., PTOE Principal Civil and Traffic Engineer State of California Registration C52768 &TR1462 SASArr TRANSPORTATION SERVICES, INC. B &G ParkAddod}, F6-14 t4to. T EXPJ c B &G Club, Santa Ana Addendum Parking Study IA-24 Bon & Girls Club - PARKING COUNT .(Wednesday: 1012(13} OBSERVED PARKING DEMAND Demand TOTAL ON -SITE PARKINGDEMANO TOTALON-SITE AVAILABIESPACES School Available TIME A [ll @'7 I12j C 191 D' [41. School [38J (Excluding School) (36] Spaces 2:00 PM 6 8 4 2 24 20 16 14 2:10 PM 7 7 4 2 25 20 16 13 2:20 PM 6 5 4 2 24 17 19 - 14 2:90 PM 6 5 4 2 23 17 19 15 2:40 PM 6 6 2 2 24 is 20 14 2 :50 PM 8 6, 3 2 24 19 17 14 3A0 PM 8 6 2 2 23 18 S8 15 3:10 PM 7 7 6 6 3 3 2 '1 19 14 i8 17 18 19 19 24 3:20 PM 3:30 PM 7 6 3 1 11 17 19 27 3:40 PM 7 - 7 6 7 3 2 1. 1 10 8 17, 17 1s 19 288 30 9:50 PM 4:00 PM 4 5 2 1 6 17 i9 32 4:10 PM 9 5 1 1 5 15 20 33 4:20 PM 8 5 2 2 7 17 19. 31 400 PM 7 5 1 3 8 16 20 30 4:417 PM 7 4 1 0 $ 12 24. 80 4:50 PM 8 4 1 0 $ 13 23 30 5:00 PM 7 4 3 0 10 14 22 28 5 :10 PM 5 3 2 0 6 11 25 32 5:20 PM 6 3 3 0 6 12 24 32. 5:30 PM 7 3 4 0 6 14 22 32 SAO PM 4 3 3 0 7 10 26 31 5:50 PM 5 3 5 O 6 13 23 32 6:06 PM 5 3 5 0 7 13 23 31 Ell — [ j - Total Number of Parking Spaces In each Section. * = With the proposed Project: in area 8 the ff of spaces will Increase from 12 to 18, the 4 sPaces in D will be eliminated, for a NET GAIN of 2 spaces. 31A-25 Bays &Girls Club- PARKING COUNT (see 'Note "below) (Thursday: 1/23/14) OBSERVED PARKING DEMAND Parking Demand TOTAL ON -SITE PARKING DEMAND TOTALON -SITE AVAILABLESPACES Scheer Ayailabl4 TIME A 1111 8" 1121 C I91 D' [4] &heal 1381 (Exdudimischaal) [36] Spaces 2:00 PM 8 4 3 2 17 19 2:1OPM 8 4 3 2 17 19 2r20 PM . 6 4 5 2 31 17 19 1 7 2,'30 PM 6 4 3 2 32 15 21 6 2.•40 PM 7 6 3 0 20 36 20 10 2m PM 6 6 3 0 27 15 21 31 3:00 PM 7 6 4 0 27 17 19 11 30 PM 6 SO 1 11. 4 3 0 D 22 21 17 19 19 3:20 PM 24 12 17 3:30 PM a 12 3 0 22 23 13 16 140 PM 10 9 12 12. 6 B 0 0 24 25 28 '0 14 34OPM 29 7 13 4:OO PM 9 12. 4 0 24 25 11 14 4:10 PM 8 12 4 0 25 24 12 :13. 410PM B 12 4 0 25 24 17 13 4s3OPM 7 12 3 0 23 22 14 15 4t46PM 4 11 2 0 22 17 19 16 450 PM 4 6 1 0 20 11 %S 18 5:00 PM 4 3 1 0 LS 8 28. 23 5:10 PM 5 2 2 0 11 9 27 27 5:2OPM 5 1 2 1 11 9 27 27 5:30 PM 6 1 1 0 14 $ 28 24 5:40 PM 4 1 3 0 B 8 F12 28 30 5:50 PM 5 D 4 0 10 4 27 28 6:00 PM 6 2 4. 0 10 24 28 Notes Appmx, 3r30.41.30pm the was ceremony in the Lot D spaces miles Club, Dudng(incl, before & atter) this period vehicles could not park in Lot f), some vehicles 13.4) were parked In unmarked spaces in Lot areas A, 13'&C Overall, there were about 35-4O .people far the ceremony and 20-25 vehicles. Observations and the data Indicate them were no signflicant adverse impacts. itwa5 estimated that 12 ceremony vehicles were parked in Lots A. B, & Land the remainder parked in the school lot. ( ) =Total Number of Parking Spaces in each Section. `= With the prepared Project: the 4spates In Area D will be eliminated. 10/1/13 hltps:i/maf 850 Highland St, Santa Ana, CA- Goog le Maps To see all the details that are \isible on the Go jsk� screen, use the "Print" link next to the map. 10!1(13 950 Highland St, Santa Ana, CA - OoN le Maps To see all the details that are visible on the screen, use the 'Print link next to the map. O ,s ' L- -�' 114'1 A 5c. oot. L�> t �, Lw 112 BOYS & GMLS CLUB OF SANTA ANA Mr. Verny Carvajal Senior Planner City of Santa Ana Planning Division 20 Civic Center Plaza, M -20 Santa Ana, CA 92701 Mr. Carvajal, For almost 60 years, the Boys & Girls Club of Santa Ana has served youth at our Main Club facility located at 950 W: Highland St. Santa Ana, CA 92703.. The Club has been a place of hope, opportunity, and empowerment for generations of Orange County youth. Our traditional programming consists of a dally rotation of fitness, academic reinforcement, and enrichment opportunities. We are, due to our geographic location in a dense residential community, considered to be "neighborhood" Boys &Girls Club. We serve youth ages 6 -18 and the vast majority walk to and from the Main Club facility. of the parents who choose to drop -off or pick -up their child, the majority are within walking distance. There area couple special events during the year that generate additional foot and vehicle traffics These two events are the Christmas and Thanksgiving events. In both scenarios, our club collaborates with both Lowell Elementary and Flo Pico Elementary, which are located directly across the street. For years we have collaborated with both schools and have never had problems with parking. The Christmas event is held on a Saturday morning so as not to conflict with school functions and the increase in vehicle traffic is primarily due to our volunteer support, For each event we limit the numbers of volunteers per shift and require pre - registration at least week In advance. This ensures we don't have more volunteers than we need and allows us to plan effectively for their arrival and volunteer work. All volunteer shifts are scheduled andsegmented into groups throughout the day. We do this to manage both the logistics of our special event and all parking needs, For these two events we also use SAP Police Explorers to manage traffic flow and assist with parking. The same strategy is applied to our Thanksgiving event, which is held an a Tuesday evening the week of Thanksgiving, which is also a non - school day. We are extremely aware of the need for a parking strategy during these high traffic events and have spent years honing our plans. Since these are annual events and we have done them for so many years, they are planned and executed flawlessly by our team. If you have any questions or would like to discuss our parking any further, please feel free to contact me directly, All the best Robert Santana Chief Executive Officer Boys & Girls Club of Santa Ana rsa ntana Rbovsandei rlscl ub.com (714) 543 -5540 office EXHIBIT 11 31A-29 ROH - 03/10/14 RESOLUTION NO. 2014 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -05 AS CONDITIONED TO ALLOW A NEIGHBORHOOD COMMUNITY CENTER IN THE MULTIPLE - FAMILY RESIDENTIAL (R3) ZONING DISTRICT AND VARIANCE NO. 2014 -01 AS CONDITIONED TO ALLOW A REDUCTION IN PARKING FOR THE PROPERTY LOCATED AT 950 WEST HIGHLAND STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2014- 05 to allow a neighborhood community center in the Multiple - Family Residential (R3) zoning district and Variance No. 2014 -01 to allow a reduction in parking for the property located at 950 West Highland Street. B. Conditional Use Permit No. 2014 -05 and Variance No. 2014 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2014. C. Santa Ana Municipal Code Section 41 -259.5 allows neighborhood community centers in the R3 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The Boys and Girls Club is a community facility for all ages with programs that range from after school programs for both local residents and school children to youth sports and adult education. The proposed modifications to the existing facility and new expansion will provide the space and amenities necessary to serve more members of the community resulting in the increased well -being of the neighborhood and surrounding area. Resolution No. 2014 -10 Page 1 of 7 31A-30 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The promotion of good health, safety and welfare of its members and community as a whole are key goals of the Boys and Girls Club organization. The remodel of an existing facility and its continued operation will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The Club has been in operation since 1956 is an established community asset. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The continued use and expansion of the Boys and Girls Club at its present location will continue to provide life- enhancing programs and character development incentives that foster hope, opportunity, and economic stability. Its operation will provide further economic stability and will have no detrimental effects to the economic development of properties in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The remodel and expansion of an existing neighborhood community center will be in compliance with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code, including the Multiple - Family Residence (R3) development standards applicable to this use. The new lobby areas and new garage construction will comply with all building setback and applicable standards. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The Boys and Girls Club expansion will not adversely affect the General Plan as the project is consistent with Policy 1.7 of the City's General Plan Land Use Element such as the Boys and Girls Club as it supports the development of commercial and nonprofit recreational facilities and services. In addition, this neighborhood community center is consistent with Policy 3.1, which supports development that provides a positive contribution to neighborhood character and identity. E. Variance No. 2014 -01 has been filed with the City of Santa Ana seeking to allow a twelve (12) space (twenty -eight percent (28 %)) reduction in parking. Santa Ana Municipal Code Section 41- 1420(a) requires a Resolution No. 2014 -10 31A-31 Page 2 of 7 minimum of 44 parking spaces for this project, while the existing site contains a total of 32 parking spaces. G. Santa Ana Municipal Code Section 41- 638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its location and surroundings. The Boys and Girls Club is an existing neighborhood and community center located within an established neighborhood on Highland Street that is surrounded by residential uses. In addition, its location directly across the street from an existing elementary school presents a unique opportunity for local residents and students to access the center by foot. Next, the need to preserve open space necessary for physical activity is an important feature of the Club. The existing athletic field would be compromised if additional parking is provided. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to utilize the neighborhood and community center to the greatest extent possible. The center contains a variety of indoor and outdoor features devoted to improving the lives of the youth in Santa Ana that lend to the success of the facility. The parking variance would preserve the character of the original Club and allow for its continued use and enjoyment. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the Boys and Girls Club will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting the adjacent residential neighborhood. The granting of the variance will Resolution No. 2014 -10 31A-32 Page 3 of 7 allow the Boys and Girls Club to focus on the improvements to the existing and proposed buildings. Further, the Boys and Girls Club maintains shared parking agreements with Pio Pico Elementary School for use during peak or seasonal events. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the General Plan as the proposed neighborhood and community center use is consistent with Goals 1 and 4 of the Land Use Element of the General Plan. These goals encourage uses such as the Boys and Girls Club that promotes a balance of land uses to address basic community needs and which protect and enhance development sites which are unique community assets that enhance the quality of life. H. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. A Notice of Exemption for Categorical Exemption Environmental Review No. 2013 -62 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 950 West Highland Street: Conditional Use Permit No. 2014 -05, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a neighborhood community center in the R3 zoning district; and, Variance No. 2014 -01, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in parking. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 10, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of March, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2014 -10 Page 4 of 7 31A-33 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, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2014 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -10 Page 5 of 7 31A-34 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2014 -05 Conditional Use Permit No. 2014 -05 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. A. Planning Division All proposed site improvements, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 2013- 29. 2. A new six -foot high decorative block wall shall be constructed along the east and southern property lines for the new parcel included as part of the Boys and Girls Club. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The Boys and Girls Club shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. 5. Any signs will be subject to separate sign permit approval. Resolution No. 2014 -10 Page 6 of 7 31A-35 EXHIBIT B Conditions for Approval for Variance No 2014 -01 Should the Planning Commission approve Variance No. 2014 -01, the approval is 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -29 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The Boys and Girls Club shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. Resolution No. 2014 -10 Page 7 of 7 31A-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: EIGHTEEN -MONTH ASSESSMENT OF SUNSHINE ORDINANCE CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IF_AaZl ZMt, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Sunshine Ordinance eighteen -month assessment. DISCUSSION At its adoption in 2012, the Council requested that the provisions of the ordinance be reviewed periodically to identify opportunities for changes or enhancements. The following summarizes each provision as well as an assessment of its effectiveness over the last 18 months. Posting of Meetings and Agendas for City Council (Section 2 -150) Description - City Council meeting agendas are to be posted at least 96 hours before any regular meeting of the Council and to be available on the website. Assessment— The City process has been adjusted to accommodate the posting of the agendas on the Thursday before the meeting. There are no changes recommended for this provision. Development Proiects Community Meeting Applicability (Section 2 -151) Description - Community meeting requirements applied to the following types of projects: 1. City- sponsored development projects; 2. New residential projects containing twenty -five (25) or more units; 3. New non - residential projects (including additions to existing buildings) of 10,000 square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report; 4. Development projects requiring a zone change, specific plan amendment, or general plan amendment. Assessment — These criteria have proven successful in capturing the number and types of projects that were anticipated by the Sunshine Ordinance without inadvertently applying to smaller projects which would be unnecessarily burdened by the community meeting process. 65A -1 Eighteen -Month Assessment of Sunshine Ordinance April 1, 2014 Page 2 Projects which meet the community meeting criteria and have held community meetings as required by the Sunshine Ordinance include: 1. 301 East Jeanette Lane — 182 -unit residential project 2. 4426 West Fifth Street — 29 -unit detached residential project 3. 1901 East First Street — 264 -unit residential project 4. 923 North Santiago Street — 70 -unit residential project 5. 1200 North Main Street — 149 -unit residential project 6. 1732 West Second Street — zone change from industrial to residential There are no changes or additions recommended for this provision. Community Meetings (number, timing, noticing, content format) (Sections 2 -152 and 2 -153) Description — This provision required a community meeting to be held by the applicant for applicable projects within 20 -days of submittal for Site Plan Review. Notices for the meetings are required to be sent to all property owners and applicants within 500 -feet of the project site and mailed not less than 10 -days prior to the meeting. The meetings are required to be held on a weeknight during the early evening or on Saturdays and held in a publicly accessible facility within 1 -mile of the project site or at the nearest City facility. Assessment — The Planning Division required applicants to perform community outreach for larger planning projects administratively prior to the Sunshine Ordinance. The adoption of the Sunshine Ordinance formalized this outreach process and has been successful in providing the community the chance to learn about and provide feedback on a project at the earliest opportunity. Producing the additional notices to occupants was initially challenging for applicants as information regarding occupants is not provided by the County Assessor's Office, which was the primary source for mailing label generation. City staff was able to quickly identify other qualified vendors who can provide this information and as a result, issues with this requirement have been significantly reduced. The additional requirement of noticing both property owners and occupants has increased the number of notices substantially in areas of the city with high numbers of rental units, mobile home parks and office buildings, which has also resulted in additional community input. Although not required by the Sunshine Ordinance, Planning Division staff has attended these meetings as an observer to the community meeting. The applicant has always provided the required meeting notes to staff following the meeting and in no cases has community meeting requirement resulted in a project being delayed during the site plan review process. There are no changes or additions recommended for this provision. Enhanced Mailings for Discretionary Actions (Section 2 -153) Description- This provision modified the requirements for noticing for discretionary actions from 300 -feet to 500 -feet and increased the noticing requirements from property owners only, to both property owners and occupants. This noticing requirement has been successfully executed on all applicable discretionary actions since the adoption of the Sunshine Ordinance. 65A -2 Eighteen -Month Assessment of Sunshine Ordinance April 1, 2014 Page 3 Assessment — The Planning Division required notification to property owners within 500 -feet administratively prior to the Sunshine Ordinance. The adoption of the ordinance formalized this requirement and added occupants as well as property owners. Similar to the enhanced noticing requirements for Community Meetings, producing notices for both owners and occupants was initially challenging for applicants who were not required to hold a community meeting. The identification of several qualified vendors who can produce the required mailing lists has effectively eliminated issues with this requirement. The City is also in the process of integrating its addressing and mapping databases which potentially will allow the City to generate these lists in the future. The initial phase of this integration process is complete and staff has begun testing mailing label creation for use on future projects. No changes or additions are recommended for this provision. Access to Contract, Bids and Proposals (section 2 -154) Description — All Requests for Proposals are to be maintained in a central repository and available for public inspection Assessment — The documents are all maintained on the Finance Department Purchasing Division website (http: / /www.santa- ana.org /bids - rfps /default.asp). There were some changes in processes that needed to occur to ensure coordination of all City Department. The operating procedures are being updated as the Purchasing Division moves towards eProcurement services with PlanetBids. There are no changes to this section of the ordinance recommended at this time. Postina of Calendars of Citv Officials (Section 2 -155 Description — Calendars of City Council and key City staff are to be available on the City's website on the tenth business day of the month. Assessment— By Council action on June 17, 2013, the date that the calendars are required to be available on the website was changed from the first of the month to the tenth of the month. This change provides staff with the time necessary to complete and post the calendars in accordance with the provisions of the Ordinance. There are no changes recommended for this provision. 5 -year Strategic Plan (Section 2 -157) Description — On October 15, 2012, the Mayor and the City Council adopted the Sunshine Ordinance to enhance transparency and foster community engagement. An element of the Sunshine Ordinance is the development of a five -year Strategic Plan to re- establish the City's mission, vision and goals to guide the City's future. In early 2013, the City Council established a Strategic Planning Ad Hoc Council Committee to provide guidance in the strategic planning process. The 5 -year Strategic Plan is to be prepared and submitted to the City Council no later than the end of Fiscal Year 2013/14 and at least every five years thereafter. 65A -3 Eighteen -Month Assessment of Sunshine Ordinance April 1, 2014 Page 4 Assessment — By Council action on June 17, 2013, the date that the Strategic Plan was to be provided to the Council for approval was changed from November 2013 to the end of FY2013 -14 in order to accommodate the schedule for the community engagement and other aspects of the development of the plan. In the current schedule for the 5 -year Strategic Plan, the plan is to be presented to the Council for consideration in March 2014. As a result, the Mayor and City Council, the City Manager, staff and the community worked diligently to develop a five -year Strategic Plan. The mission, "To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, and opportunities for our youth, and a high quality of life for residents," serves as the foundation for the City's seven goals. The goals are Community Safety; Youth, Education, Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement and Sustainability; Community Facilities and Infrastructure; and Team Santa Ana allow the City to align its efforts and resources to accomplish goals and achieve positive progress for the community of Santa Ana. The Strategic Plan includes a total of 145 strategies of which 106 are currently funded within the budget. In order to prioritize and allocate funding to the remaining 39 unfunded strategies, staff has prepared a matrix. The matrix identifies funding priorities in three categories; consensus (6 to 7 stars), general consensus (5 stars) and all others (1 to 4 stars) in descending priority. It is important to emphasize that the unfunded consensus strategies are equivalent to the $2M included in the revised five -year budget forecast approved by the Mayor and Council at the February 4t" City Council meeting. General consensus and all other remaining unfunded strategies add up to $3.25M. The strategic plan is a living document which features a framework that can be adjusted based on the current needs of the community. On a periodic basis, the City will provide updates on the progress and performance of each goal, objective, and strategy. As such, the plan may be modified to ensure that stated goals are aligned with the needs of the community. Furthermore, with the adoption of the 5 -year strategic plan, the strategic planning and budgeting process are now linked to assure that the City's budget reflects City Council and community priorities. On March 18, 2014, the City Council adopted the 5 -year strategic plan. With the development and implementation of the strategic plan, the City of Santa Ana reaffirms its commitment to continue to provide exceptional services and programs to its community. Community Budget Meetings (Section 2 -157) Description - Community meetings would be established no later than March and October of each calendar year as well as any written meeting requests signed by at least 30 residents. Each meeting would provide to share information or discuss the following: 1. Provide an educational overview of the City's budget structure. 2. Provide an overview and status update on the City's existing budget. 3. Provide a general financial assessment in terms of the City's fiscal year end position as well as the current fiscal status in terms of revenues and expenditures. 65A -4 Eighteen -Month Assessment of Sunshine Ordinance April 1, 2014 Page 5 4. Allow for the opportunity to review the status in terms of the City's Strategic Plan. 5. Respond to questions and record any issues, concerns or questions in order to prepare for an appropriate written response and web posting. Assessment— The meetings have been well attended. In total, the City has held 3 Community Budget meetings and a 4th is scheduled for Thursday, March 27, 2014. Each of the meetings provided those in attendance a general educational overview on the structure of the City's budget; highlighting major revenues and associated expenditures and a status update as to the budget process. In addition, all materials including answers to participant questions have been posted on the City's website. Therefore, no changes to this section of the ordinance are recommended at this time. FISCAL IMPACT There is no fiscal impact associated with this action. 65A -5 65A -6