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FULL PACKET_2017-03-21
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 7, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:18 p.m.) MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: GERARDO MOUET, Acting 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 5:09 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: Rosario Maciel Avitia, et al. v. United States Immigration and Customs Enforcement, et. al. (United States District Court Case No.: 2:16-CV- 04818 -R- S K) CITY COUNCIL MINUTES 1 MARCH 7, 2017 1 0A -1 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED / POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: Two (2) Cases 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 MARCH 7, 2017 1 0A -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO POLICE CHAPLAIN DAVID MITCHELL SPECIAL PRESENTATION - Annual Report by Dr. Chiarina Piazza of the Orange County Human Relations CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the following Neighborhood Associations for their Outstanding Community Involvement: • Jack Fisher Park • Floral Park • Morrison /Eldridge Park • West Floral Park PROCLAMATION presented by COUNCILMEMBER VILLEGAS to the Santa Ana Unified School District proclaiming March, 2017 as Youth Art Month. CITY COUNCIL MINUTES 3 MARCH 7, 2017 1 0A -3 CLOSED SESSION REPORT- See Item 19A for any reportable actions. PUBLIC COMMENTS - None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 29A, with the following modifications: • Mayor Pro Tern Martinez, pulled Agenda Items 19C, 19E, 19H, 19J, 21A and 25C for separate action; • Councilmember Benavides, pulled Agenda Item 19D for separate action; and • Councilmember Solorio, pulled Agenda Item 19D for separate action. MOTION: Martinez SECOND: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 21, 2017 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES / SECOND READING 11A. SECOND READING ORDINANCE: AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE CONSISTENT WITH CURRENT STATE LAW {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office CITY COUNCIL MINUTES 4 MARCH 7, 2017 1 0A -4 Placed on first reading at the February 21, 2017 City Council meeting and approved by a vote of 7 -0. Legal Notice published in the Orange County Reporter on February 24, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2912 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG 11 B. SECOND READING ORDINANCE: GENERAL PLAN AMENDMENT NO. 2016- 03 AND AMENDMENT APPLICATION NO. 2016 -03 FOR A PROPOSED PARK AT 415 AND 423 SOUTH RAITT STREET — CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY, APPLICANT {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office Placed on first reading at the February 21, 2017 City Council meeting and approved by a vote of 6 -0 (Solorio absent). Legal Notice published in the Orange County Reporter on February 24, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2913 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -03 REZONING PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO OPEN SPACE LAND (0) MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION; Approve settlement as follow: AGMT NO. 2017 -043 - CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Rosario Maciel Avitia, et al. v. United States Immigration and Customs Enforcement, et. al. (United States District Court Case No.: 2:16 - CV- 04818- R -SK); Motion by Councilmember Tinajero, seconded by Councilmember Solorio to approve settlement in the amount of $140,000 by a 5- 0 vote (Pulido abstained and Sarmiento absent). 19B. EXCUSED ABSENCES — Clerk of the Council Office CITY COUNCIL MINUTES 5 MARCH 7, 2017 1 0A -5 MOTION: Excuse the absence of Councilmember Sarmiento from said meeting. MOTION: Receive and file the following audited and separately issued reports for Fiscal Year Ended June 30, 2016: 1. Comprehensive Annual Financial Report 2. South Coast Air Quality Management District (SCAQMD) 3. Appropriations Limit (GANN Limit) 4. Compliance with the Statement of Investment Policy MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento (1) MOTION: Authorize the Planning and Building Agency to release the Request for Qualifications (RFQ) to qualified consulting firms to provide expedited building inspection services. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) CITY COUNCIL MINUTES 6 MARCH 7, 2017 1 0A -6 19E. CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT {STRATEGIC PLAN NO. 5, 361 — 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. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 19F. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19G. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR FEBRUARY 2017 (STRATEGIC PLAN NO. 5, 1) — Public Works Agency MOTION: Receive and file. 19H., MOTION: Receive and file the Addressing Maintenance, Enhancing Service Program Update. CITY COUNCIL MINUTES 7 MARCH 7, 2017 1 0A -7 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero Villegas (6) None (0) None (0) Sarmiento (1) 191. BUDGET CALENDAR UPDATE FOR FISCAL YEAR 2017 -18 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. Mayor Pro Tem Martinez, stated for the record that she has stepped down from the Legislative, Ethics and Transparency Council Committee and open for consideration. MOTION: Receive and file update; amend as needed and at the pleasure of the City Council. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS CITY COUNCIL MINUTES 8 MARCH 7, 2017 1OA -8 20A. APPROPRIATION ADJUSTMENT ACCEPTING 2016 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLANCE, DATING VIOLENCE, AND STALKING GRANT PROGRAM FUNDS {STRATEGIC PLAN NO. 1, 3B} — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT - Approve an appropriation adjustment accepting $136,036.80 in the Human Options Grant revenue account (no. 12714002 52001) and appropriate same in the Human Options Grant expenditure account (no. 12714406 61040). GRANTS /APPLICATIONS Mayor Pro Tern Martinez, explained reason for dissention on item; noted that vacant property issue had been discussed at the Development Council Committee; asked that matter be reagendized at the council committee level and include consideration for space making, community gardens component and linear parks; also asked about sustainability of projects once M2 funds expire (in 25 years). Councilmember Solorio, suggest staff bring back Bristol Street Plan to re- evaluate some aspects such as inconsistency of artificial and real turf, usable green open space, and residential parking; also, Citywide request for proposals be prepared for all vacant parcels. Mayor Pulido, pleased with improvements; pave way for other regional projects that are proposed. MOTION: Authorize the Public Works Agency to request a one -time, two - year time extension of Measure M2 Comprehensive Transportation Funding Program for the following projects: 1. Construction funds for Bristol Street Improvements Project, Civic Center to Washington. 2. Construction funds for Bristol Street Improvements Project, Warner to St. Andrew. 3. Right -of -way funds for Warner Avenue Improvements Project, Main to Oak. MOTION: Benavides SECOND: Pulido CITY COUNCIL MINUTES 9 MARCH 7, 2017 1 0A -9 VOTE: AYES: NOES: ABSTAIN ABSENT: SPECIFICATIONS Benavides, Pulido, Solorio, Villegas (4) Martinez (1) None (0) Tinajero, Sarmiento (2) 22A. CONTRACT AWARD FOR PREPAID GAS CARDS (SPEC. NO. 16 -103) {STRATEGIC PLAN NO. 7, 6) — Community Development Agency MOTION: Award a contract to SVM, LP for the purchase of prepaid gas cards for a one -year period expiring March 31, 2018, with the provision for three one -year renewal options exercisable by the City Manager, in the annual amount not to exceed $33,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. CONTRACT AWARDS FOR ELECTRICAL REPAIR AND REHABILITATION SERVICES (SPEC. NO. 17 -007) {STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTION: Award contracts for electrical repair and rehabilitation services for City water facilities for a two -year period expiring March 31, 2019, with provisions for three one -year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $600,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Inter - Pacific, Inc. Leed Electric, Inc. M. Brey Electric, Inc. Location Tustin Santa Fe Springs Beaumont 22C. CONTRACT AWARD FOR PESTICIDE TREATMENT OF SANITARY SEWER MANHOLES (SPEC. NO. 17 -025) {STRATEGIC PLAN NO. 6, 1) - Public Works Agency MOTION: Award a contract to Golden Bell Products, Inc., for treatment of sanitary sewer manholes with insecticidal latex coating for a one -year period expiring March 31, 2018, with provisions for three one -year renewals, in an annual amount not to exceed $100,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 MARCH 7, 2017 1 0A -10 AGREEMENTS 25A.' " AGMT NO. 2017 -044 - UTILITY CABINET PILOT ART PROJECT PHASE THREE- ELEMENTARY SCHOOL DESIGNS (STRATEGIC PLAN NO. 5, 5B) Community Development Agency At its regular meeting on February 16, 2017 by a vote of 6:0 (Cribb, Absent), the Arts and Culture Commission recommended that City Council authorize the City Manager and the Clerk of the Council to execute agreements with the Santa Ana Unified School District representing six elementary schools participating in Phase 3 of the Utility Cabinet Pilot Art Program. Councilmember Benavides, highlighted partnership with school district on this project. MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with the Santa Ana Unified School District for Phase Three of the Utility Cabinet Pilot Art Project in an amount not to exceed $1,200.00, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Villegas (4) NOES: None (0) ABSTAIN: Tinajero (1) ABSENT: Solorio, Sarmiento (2) * Councilmember Tinajero abstained due to his employment with Santa Ana Unified School District. 25B. AGMT NO. 2017 -045 - AMEND AND RENEW AGREEMENTS FOR PAYROLL /HUMAN RESOURCE SYSTEM MAINTENANCE, SERVICES, AND LICENSES {STRATEGIC PLAN NO. 7, 5A} — Information Technology Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to amend and renew the agreements with High Line Corporation for Payroll and Human Resources system maintenance, services, and software licenses in an amount not to exceed $340,000 over a three -year period from March 8, 2017, through March 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 11 MARCH 7, 2017 1 0A -11 Mayor Pro Tern Martinez, stated that safety key in reviewing mobility options. MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with NeighborWorks Orange County to provide bicycle safety education services for the period beginning March 7, 2017, and ending September 30, 2017, in an amount not to exceed $140,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Solorio VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4) NOES: None (0) ABSTAIN: Benavides(1) ABSENT: Tinajero, Sarmiento (2) *Councilmember Benavides abstained due to his employment with Kidworks who may be a subcontract recipient of funds. MISCELLANEOUS - BUDGET 29A. PAYMENT AUTHORIZATION FOR COSTS ASSOCIATED WITH THE 2016 GENERAL MUNICIPAL ELECTION {STRATEGIC PLAN NO. 4, 3D} — Clerk of the Council Office MOTION: Authorize payment in the amount of $101,037.33 to the County of Orange for payment of consolidations services associated with the 2016 General Municipal Election held on November 8, 2016. **END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR A NEW FULL - SERVICE CAR WASH TO BE CITY COUNCIL MINUTES 12 MARCH 7, 2017 1 0A -12 LOCATED AT 2402 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017 -011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL STREET MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavidez, Martinez, Pulido, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Solorio, Tinajero (3) 55B. RESOLUTION AUTHORIZING THE SUBMITTAL OF A HOUSING RELATED PARKS GRANT APPLICATION IN THE AMOUNT OF $938,950 FOR THE CONSTRUCTION OF A PARK AT THE SOUTHWEST CORNER OF SIXTH STREET AND LACY STREET {STRATEGIC PLAN NO. 5, 4A) — Parks, Recreation and Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017 -012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR HOUSING - RELATED PARKS GRANT MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARING SECOND: Benavides Benavidez, Martinez, Pulido, Villegas (4) None (0) None (0) Sarmiento, Solorio, Tinajero (3) CITY COUNCIL MINUTES 13 MARCH 7, 2017 1 0A -13 75A. PUBLIC HEARING - ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 41 - Planning and Building Agency; and City Attorney's Office Matter continued from the December 20, 2016 City Council at the request of staff. The Hearing opened and closed at the February 7, 2017 City Council meeting. Legal Notice published in the Orange County Reporter, Orange County Register, and La Opinion on January 27, 2017 and notices mailed to mobile vendors on January 31, 2017. The following speakers spoke in support of proposed ordinance: • Felipe Guerrero • Beatriz Martell • Arturo Cervantes • Irma Macias • Ricardo Cardenas • Richard Garcia The following speakers spoke in opposition to proposed ordinance • Alberto Hernandez • Teresa • Naui Hutzilopochtli • Maritza Bustamante Council discussion ensued. Mayor Pro Tern Martinez, asked a series of questions Councilmember Benavides, health and safety concerns are addressed with proposed ordinance. Councilmember Solorio, balance all interests; need to continue outreach to business owners; suggest food truck vending island. Request friendly amendment to motion to remove misdemeanor provisions and only allow for fines. Councilmember Tinajero, noted that proposed ordinance will allow City to be in compliance with the State. FRIENDLY AMENDMENT TO MOTION: Place ordinance on first reading and authorize publication of title; and remove misdemeanor provisions. ORDINANCE NO. NS -2914- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE CITY COUNCIL MINUTES 14 MARCH 7, 2017 1 OA -14 SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -700 THROUGH 36 -720); AND ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavidez, Martinez, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: Sarmiento(1) *Mayor Pulido abstained out of an abundance of caution due to familial affiliation to commissary business. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT STAFF TO ESTABLISH AN INDEPENDENT REVIEW OR CITIZEN REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES AND POLICIES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL — Mayor Pro Tern Martinez The following addressed the City Council: • Hairo Cortez, suggested that any proposed board or review committee be linked to Sanctuary City concept. • Alexis Nava Teodoro, noted that Sanctuary City ordinance includes provision to include citizen advisory board to hold police accountable. • Benjamin Vazquez, supports proposal, asked for a more democratic process. • Roberto Herrera, supports Mr. Vasquez's comments. • David Carbajal, support police accountability in relation to sanctuary city. • Johnathan Hernandez, Santa Ana Unidos leader, demand that ICE contract be allowed to expire. • Albert Castillo, opined that abuses reported; need to clean ordinance; request matter be tabled to next City Council meeting to allow all members to participate in decision making. • Ilya Tseglia, supports establishment of review committee; need for accountability. • Robert Tseglia, supports proposal; important to investigate violations. Council discussion ensued. CITY COUNCIL MINUTES 15 MARCH 7, 2017 1 0A -15 Mayor Pro Tern Martinez, indicated that millions of dollars expended on police related lawsuits; request City Attorney work with Police Department in presenting best practices for consideration; need facts and fiscal impacts to make good decisions. Councilmember Tinajero, suggested item be tabled until full council at the dais. Councilmember Villegas, noted that training and leadership need to be revieiwed in context of analysis; various layers of review already exist; suggested Public Safety Council Committee consider matter. Mayor Pro Tern Martinez, noted that other comparable cities have review board. Councilmeber Benavides, need levels of accountability; commitment already in Sanctuary City ordinance to establish a citizen advisory board; avoid duplication. Councilmember Villegas, requested clarification on proposal in comparison to requirements of Sanctuary City. Councilmember Tinajero, suggested continuance. Councilmember Solorio, stated that City of Anaheim includes open data; would like to review excessive force policy and body cameras as part of Public Safety Council Committee. Mayor Pulido, need to consider scope and authority of proposal; need to change behavior by reviewing best practices. City Attorney Carvalho, noted that she was not aware of any case during her tenure in which the District Attorney has reviewed and found that excessive force was unjustified. MOTION: Continue consideration of matter to the March 21, 2017 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES ABSTAIN SECOND: Tinajero Benavidez, Martinez, Tinajero(3) Pulido, Solorio, Villegas (3) None (0) ABSENT: Sarmiento(1) *Motion failed. Mayor Pro Tern Martinez requested item 85A to be re- agendized on next City Council Agenda. CITY COUNCIL MINUTES 16 MARCH 7, 2017 1 0A -16 85B. DISCUSSION AND POSSIBLE ACTION(S) AS THEY RELATE TO THE CITY'S CONTRACT WITH IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) — Councilmember Solorio The following spoke in support of proposal: • Mike Lopez, President of Santa Ana SEUI, Local 721, supports City's designation of Sanctuary City; sensitive to funds lost due to termination of contract and impacts to the community. The following spoke in opposition to matter: • Faby Jacome, Deportation Defense Organizer with Immigrants United, noted that many organizations willing to assist detainees, request City consider advocating for release of inmates. • Hairo Cortes, of Orange County Immigrant Youth United, urged that ICE contract expire and assist with release of inmates. • Jorge Gutierrez, representing UndocuQueer, request support for detainees and closure of jail. • Jennicet Gutierrez, LGBT Immigration Activist, supports closure of ICE contract; supports transgender population. • Carlos Perea, opposed to profiting from ICE contract. • David Carbajal, reiterated comments expressed earlier. • Edna Monrroy, important to implement Sanctuary City policy. • Ruben Barreto, supports termination of contract; need to protect residents. • Roberto Herrera, rejects expansion of ICE contract. • Sandra Ortega, CLUE organizer, need to move forward and not backwards; opposed to proposal. • Karen Hernandez, supports release of detainees and terminate contract. • Stefany Urrea, Orange County Immigrant Youth United, opposed to extension of contract. • Alexis Teodoro, member of RAIZ, supports cancellation of contract; concerned about safety of transgender detainees; supports decriminalization of transgender population's lifestyle. • Jeff Letourneau, opined that it is immoral to continue with detention facility and profit from residents. • Benjamin Vasquez, opposed to proposal; City should not profit from undocumented and most vulnerable in our community. • Luis Ramirez, detainees are often refugees and also members of our transgender community. • Luis Gomez, representative of LGBT Center in Santa Ana, urged the city Council to allow contract to expire; opined that Sanctuary City already includes provisions. • Laura Kanter, Director of Policy at LGBT Center of OC, opposed to continuing contract with ICE; need to continue to be a model city; do not make decisions based on budget consequences. • Naui Hutzilopochtli, opined that indigenous people should not be targeted. • Erik Garcia - Kuelas, opposed to entering into contracts that profit at the hands of our community. CITY COUNCIL MINUTES 17 MARCH 7, 2017 1 0A -17 • Ivan Enriquez, opposed to continuing with contract; avoid being a target for Trump administration. • Angela Pereira, spoke as a member of the transgender community, concerned with the treatment of inmates. • Ximena Alvarado, former detainee, opposed to extending contract with ICE. Council discussion ensued Councilmember Solorio, motion to direct staff to negotiate a contract with ICE consistent with the terms of the 2016 contract; staff to meet with the Santa Ana Police Officers Association and Service Employees International Union Local 721 to negotiate reductions or increases in staffing to adjust to the scope of the ICE contract, and restart discussions with other federal and state agencies to pursue use of jail space that isn't being used for ICE. Continued to state that detention in Santa Ana will better serve the residents by having detainees closer to home and not transferred out of state or area; allow legal representatives to be in close proximity, also, City budget not impacted, and will continue to support comprehensive immigration reform. MOTION: DIRECT STAFF TO NEGOTIATE A CONTRACT WITH IMMIGRATION AND CUSTOM ENFORCEMENT (ICE) CONSISTENT WITH THE TERMS OF THE 2016 CONTRACT; STAFF TO MEET WITH THE SANTA ANA POLICE OFFICERS ASSOCIATION AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 TO NEGOTIATE REDUCTIONS OR INCREASES IN STAFFING TO ADJUST TO THE SCOPE OF THE ICE CONTRACT, AND RESTART DISCUSSIONS WITH OTHER FEDERAL AND STATE AGENCIES TO PURSUE USE OF JAIL SPACE THAT ISN'T BEING USED FOR ICE. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: Motion failed. SECOND: Pulido Pulido, Solorio, Villegas (3) Benavidez, Martinez, Tinajero (3) None (0) Sarmiento (1) RECESSED THE CITY COUNCIL MEETING AT 9:59 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 10:00 P.M. WITH SAME MEMBERS PRESENT *Mayor Pro Tern Martinez left the meeting at 10:01 p.m. and did not return. CITY COUNCIL MINUTES 18 MARCH 7, 2017 1 0A -18 COMMENTS PUBLIC COMMENTS • Ilya Tseglia, urged City Council to assist with releasing son from Ward of the State. • Robert Tseglia, spoke on illegal confinement of his brother. • Vik Chaubey, noted that it was important to receive information on Warner Widening Project and other projects. 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS - None ADJOURNED - 10:07 p.m. - The next meeting of the City Council is scheduled for Tuesday, March 21, 2017 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 19 MARCH 7, 2017 1 0A -19 1 OA -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: SECOND READING ORDINANCE: REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 1) I r/r��/I.rilsn i/ ,a111MIM:wil� CITY r RECOMMENDED ACTION Place revised ordinance on second reading and adopt. DISCUSSION 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 On March 7, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Pulido abstained and Sarmiento absent): ORDINANCE NO. NS -2914 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -700 THROUGH 36 -720); AND ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: 1. Outreach efforts. 2. Ordinance No. NS -2914 — Revised marked up version reflecting changes. 3. Ordinance No. NS -2914 — Final. 11 A -1 11 A -2 Mobile Vending Ordinance Draft - Outreach Efforts 1. January 24, 2017 — Meeting with Mobile Vending Produce Association Representatives. Meeting held to share copies of Draft - Mobile Vending regulations and provided copies of the findings; Spanish /English. 2. January 25, 2017 — Meeting with Neighborhood Association leaders. Meeting held to share copies of Draft - Mobile Vending regulations and provided copies of the findings; Spanish /English. 3. January 31, 2017 — Mobile Vending Notice (English & Spanish) mailed to 246 mobile vending businesses. (Attachment C). Attachments: A. Notice of Public Hearing (English) legally noticed in The OC Register and O.C. Reporter on January 27, 2017 and mailed out to the Mobile Vending businesses (Attachment Q. B. Notice of Public Hearing (Spanish) legally noticed in La Opinion on January 27, 2017 and mailed out to the Mobile Vending businesses (Attachment Q. C. Mailing list. EXHIBIT 1 11 A -3 11 A -4 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinalero Juan Villegas CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, Califomla 92702 714. 647.6900 www.santa -ana ora NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL SANTA ANA, CALIFORNIA ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Maria D. Huizar NOTICE IS HEREBY GIVEN: That the City Council of the City of Santa Ana will hold a public hearing to consider adopting a new food vending vehicle ordinance, aka "Mobile Vending" (Chapter 36 of the Santa Ana Municipal Code) and repeal outdated provisions in the Santa Ana Municipal Code. This matter will be heard on February 7, 2017 at 5:45 p.m., or as soon as possible thereafter, in the Council Chamber, 20 Civic Center Plaza, Santa Ana, California. All persons interested in this matter are notified to appear at this time. If you challenge the decision of the City Council on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Maria Huizar, Clerk of the Council Date: January 27, 2017 Publish: The O.C. Reporter OC Register La Opinion ATTACHMENT A SANTA ANA CITY COUNCIL A.P.Wo Monde Martinez Vicente Sarmiento JoseSdu ��� David tlmrrevi.Jo, .loan W1,gas SalTnale,o aver Mayor Pro Terti_ Wartl 2 Ward t Ward 3 Wartl 4 Wanly Wert B ,."(a q rP ma tlnar(L nta a 14 g19 sa ioi to�Nan l -? aura lti l lo( c:,n'yi -n l� cry iu. tlr s{gt�ryta ma o!l LLi.�yl sQsanta a_ ne tiro strujllo L anll -azal ow 11 A -6 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sanniento Jose Solaria Sal Tinajero Juan Vllleges CITY OF SANTA ANA 20 Civic Center Plaza s P.O. Box 1086 Santa Ana, California 92702 714$47 -Cr900 vv" Vnha- ana.ofq Anuncio de audiencia pilblica ANTE EL CONCILIO DE LA CIUDAD DE SANTA ANA, CALIFORNIA, ACTING CnY MANAGER Gerardo Mouet CITY ATTORNEY Soria R. Camellia CLERK OF THE COUNCIL Maria D. Hulaar SE DA AVISO: que el Ayuntamiento de la Ciudad de Santa Ana tendra una audiencia publica pars considerar la adopcion de una nueva ordenanza de vehiculo de vente de alimentos (capitulo 36 del Codigo Municipal de Santa Ana) y revocar disposiciones anticusdas en el Codigo Municipal de Santa Ana: Este tema sera escuchado en Febrero 7, 2017 a las 5:45 p.m., o tan pronto coma sea posible, en la Sala del Concilio, de 20 Civic Center Plaza, Santa Ana, California. Todas las personas interesadas en este asunto son notificados a aparecer en este momento. Si Be opone a la decision del Consejo de la Ciudad sobre el asunto en el tribunal, usted puede estar limitado a elevar solo Ins problemas que usted o alguien mas planteadas en la audiencia publica descritas en Este aviso, o en la correspondencia escrita entregada al Ayuntamiento de la Ciudad de Santa Ana en, o antes de la audiencia pilbiica. Maria Huizar, Secretario del Concilio Fecha: Enero 27, 2017 Publicar: O.C. Reporter OC Register La Opinion ATTACHMENT B SANTA ANA CITY COUNCIL. Miguel A. Ford', M�ototo Mamma' VICPl1iP 5..,, oto Joss solotlo P Word genavides l000 Yilhr}Ws SA Thaler. Mayan Mayor Pro Tom, Wartl 2 'WaN t WaM 9 Ward 4 Wartl 5 wradq ��iiTaliuU ,i ar L rn�r,ory in IIWIR *a5anti-Al 2. UE2 rs'� r,o ym,L;tv�5i -a rwg ' or ai .bra db'_r�an�sanfllea_yrry y�Nea25ri,�s��r'it��cr ,hnpltcyousnl.Y, an;J. 11 A -8 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017 'BUSINESS _ . . ADDRESS; _. Tna1l_city stete_zIp 1 3 HERMANOS PRODUCE 1639 W. MYRTLE ST. Santa Ana, CA 92703 2 99 CENT PRODUCE 819 S. SHELTON ST. Santa Ana, CA 92703 3 AC & GJ PRODUCE 701 E. CHESTNUT AVE. #C Santa Ana, CA 92701 4 ACATIC PRODUCE 1143 S POPLAR ST APT 1 Santa Ana, CA 92704 5 AGUSTIN PRODUCE 931 S STANDARD AVE #6 Santa Ana, CA 92701 6 ALEBRIJES GRILL 1101 W. STEVENS AVE #53 Santa Ana, CA 92707 7 ALEGRIJES TACOS EL CHICHO 3044 FILMORE WAY APT. 164 Costa Mesa, CA 92626 8 ALEXANDRA'S CATERING 24480 KATRINA AVE. Moreno Valley, CA 92551 9 ALICIA'S CATERING 7141/2 E. 5th ST. SANTA ANA, CA 92701 10 AMERICA PRODUCE 2605 W SAINT GERTRUDE PL, Santa Ana, CA 92704 11 ANGIES PRODUCE 2224 W. PALM AVE. Orange, CA 92868 12 ANTOJITOS HECTOR 612 S. EMILY ST. Anaheim, CA 92805 13 ASHLY PRODUCE 923 W. CAMILE STREET Santa Ana, CA 92703 14 AURORA'S CATERING 725 N FIGUEROA ST. Santa Ana, CA 92703 15 AVILAS CATERING 117 N FIGUEROA ST. Santa Ana, CA 92703 16 BABY'S BURGERS 18 MONTANA DEL LAGO DRIVE Rancho Santa Margarita, CA 92688 17 BELLA PRODUCE 2101 W MYRTLE APT B Santa Ana, CA 92703 18 BELLO PRODUCE 223 S ORANGE AVE APT #B Santa Ana, CA 92701 19 BERMUDEZ PRODUCE 1317 W PINE ST. Santa Ana, CA 92703 20 BRANBETS PRODUCE 853 HARWOOD PL Santa Ana, CA 92701 21 BUQQA LLC 23291 GUINEA ST Lake Forest, CA 92630 22 BURRITOS LA PALMA 20891 HEATHERVIEW Lake Forest, CA 92630 23 CAHUAMANTA Y MARISCOS EL YAQUI 14811 NEWPORT AVE #B Tustin, CA 92780 24 CAMILA CATERING 3101 S FAIRVIEW ST. SPC 148 Santa Ana, CA 92704 25 CANDY CRUSH ICE CREAM 1020 N. VAN NESS AVE. Santa Ana, CA 92701 26 CARNITAS Y BIRRIA TATEMADA 1900 N SPURGEON ST. #104 Santa Ana, CA 92706 27 CARNITAZ ZARAGOZA'S/ ZARAGOZA'S 1613 W OCCIDENTAL ST. Santa Ana, CA 92704 28 CARNIVAL TYME CATERING 1202 N MABURY ST Santa Ana, CA 92701 29 CARRASCO PRODUCE 937 W. CAMILE ST. SANTA ANA, CA 92703 30 CARRILLO PRODUCE 2701 S. FAIRVIEW ST. APT. #F -16 Santa Ana, CA 92704 31 CARRILLOS FOOD SERVICE 315 S NEWHOPE ST., #2055 Santa Ana, CA 92704 32 CEMITAS ANDREA'S 4080 W 1ST STREET #275 Santa Ana, CA 92703 33 CEMITAS POBLANAS 10544 FLOWER ST. Stanton, CA 90680 34 CENTENO'S PRODUCE 417 S GARNSEY ST Santa Ana, CA 92701 35 CERVANTES PRODUCE 2513 W OCCIDENTAL ST Santa Ana, CA 92704 -4044 36 CHALINO PRODUCE 313 DAISY AVE SANTA ANA, CA 92703 -4309 37 CHARLI ES FOODS #72 201 S MOUNTIAN VIEW Santa Ana, CA 92704 38 CHIVATORTA 1117 N LYON ST. Santa Ana, CA 92701 -3224 39 COMA COMO EN EL DFI H 2016 S VAN NESS Santa Ana, CA 92707 40 COOL CRAVE 2283 N. BATAVIA ST. Orange, CA 92865 41 CORDOVA PRODUCE 916 W CAM ILL ST. Santa Ana, CA 92703 42 DARWIN 2601 S ROSEWOOD AVE # B Santa Ana, CA 92707 43 DON PEPE BAJA GRILL 1537 S GREENVILLE Santa Ana, CA 92704 44 DOS MEXICANOS GRILL 2234 S. CYPRESS AVE. Santa Ana, CA 92707 45 E & M CATERING 9250 TAMARISK PLACE, Riverside, CA 92503 46 E J J PRODUCE 2237 S CENTER ST. #B SANTA ANA, CA 92704 47 EDUARDO PRODUCE 1001 RIVERINE APT #22 Santa Ana, CA 92701 48 EL ARBOLITO 13361 FAIRVIEW ST. Garden Grove, CA 92843 11 A -9 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017. II . 11A -10 ADDRESS mil cityUSINESS _ aej 49 EL CABRITO 1717 W WISTERIA PL. SANTA ANA, CA 92703 50 EL MENOS PRODUCE 1323 S GARNSEY ST. SANTA ANA, CA 92707 51 EL MUNECO CHEESESTEAKS 814 S GREENGROVE ST. Orange, CA 92866 52 EL PALAMAR PRODUCE 515 S GARNSEY ST Santa Ana, CA 92701 53 EL PARAISO LLC 928 S BIRCH ST. APT 4 Santa Ana, CA 92701 54 EL PARIENTE 2141 MAPLE STREET Santa Ana, CA 92707 55 EL REY DE LAS TAQUIZAS 800 S SULLIVAN ST APT #A3 Santa Ana, CA 92704 56 EL REY DEL TACO 19520 E ONTARIO AVE APT. "A" Corona, CA 92881 57 EL RINCON DEL SABOR 2709 S. BAKER ST. APT. #D Santa Ana, CA 92707 58 EL TACO PERRON 1214 S KAREN AVE Santa Ana, CA 92704 59 ELTAQUERO 1021 N. FLOWER ST, #22 Santa Ana, CA 92703 60 EL TAQUERO 1021 N. FLOWER ST. #22 Santa Ana, CA 92702 61 EMMANUEL PRODUCE 1415 N DURANT ST #1 Santa Ana, CA 92706 62 ESPERANZA PRODUCE &ICE - CREAM 1102 BEWELY ST. UNIT #2 Santa Ana, CA 92703 63 F SANCHEZ PRODUCE 826 S RAITT ST. #1 SANTA ANA, CA 92704 64 FAMILIA LOPEZ PRODUCE 1410 N FRENCH ST. APT #4 Santa Ana, CA 92701 65 FLORES FOOD 2117 S. GLENARBOR STREET Santa Ana, CA 92704 66 FLORES PRODUCE 722 E. WALNUT #14 Santa Ana, CA 92701 67 FLORES PRODUCE 1915 W. 18TH.. ST. Santa Ana, CA 92706 68 FRESH FRUITS OLIVER 333 W. HALESWORTH ST. #205 Santa Ana, CA 92701 69 FRUTAS DON LUIS 2613 FALCON CIRCLE Corona, CA 92882 70 FUN -O -CAKES PO BOX 3351 Santa Ana, CA 92703 71 G & G CATERING 12861 WEST ST SPC 120 Garden Grove, CA 92840 72 GABINO'S FRUITS 1327 1/2 N BUSH ST Santa Ana, CA 92701 73 GABINOS HOT DOGS #1 1502 N VAN NESS APT #9 Santa Ana, CA 92706 74 GARCIA PRODUCE 1022 W BISHOP ST SANTA ANA, CA 92703 75 GARCIA PRODUCE 3126 W FIRST STREET #100 Santa Ana, CA 92703 76 GARCIA PRODUCE 1442 STOWNSEND #B Santa Ana, CA 92704 77 GAVIOTA 901 S BRISTOL ST #8675 Santa Ana, CA 92703 78 GONZALES FOODS 1001 W MACARTHUR UNIT #42 Santa Ana, CA 92707 79 GOOD LUCKY 1657 W BROOK ST. Santa Ana, CA 92703 80 GUZMAN PRODUCE SALES 2023 S. SYCAMORE ST. SANTA ANA, CA 92707 81 INES PRODUCE 1009 S. MINNIE ST. APT #9 Santa Ana, CA 92701 82 J SALAZAR PRODUCE 405 E MYRTLE Santa Ana, CA 92701 83 JAVA ON THE GO 635 BAKER ST. #W201 Costa Mesa, CA 92704 84 JENNYS CATERING 1809 W CAMDEN PL Santa Ana, CA 92704 85 JESSICA'S FOODS 2601 N GRAN AVE APT. 52 Santa Ana, CA 92705 86 JIMENAS PRODUCE 1403 W ELDER AVE Santa Ana, CA 92704 87 JO JO'S 114 PRINCE UN #66 Santa Ana, CA 92704 88 JULIANA'S PRODUCE 1001 N PARTON ST. #2 Santa Ana, CA 92701 89 JUSTIN PRODUCE 501 CYPRESS AVE. #6 Santa Ana, CA 92701 90 KARLA'S PRODUCE 3616 W CAM ILLE #A Santa Ana, CA 92704 91 LA CARRETA 3309 VIANA DR Palmdale, CA 93550 92 LA CARRETA LONCHERA 1837 2ND ST. Santa Ana, CA 92703 93 LA CHONITA CATERING 968 EASTWIND DR Placentia, CA 92870 94 LA CONCH ITA 922 N. BEWLEY ST. APT. C Santa Ana, CA 92703 95 LA COSTENITA 12626 HACKBERRY LN. Moreno Valley, CA 92553 96 LA CUCARACHA PRODUCE 1629 S GREENVILLE ST Santa Ana, CA 92704 11A -10 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017 BUSINESS '° ADDRESS mail-city-state-zip 97 LA PLACITA 1010 N. NEWHOPE ST Santa Ana, CA 92703 98 LA PLACITA #1 1010 N. NEWHOPE STREET Santa Ana, CA 92703 99 LA PLACITA #3 1102 N GATES ST. SANTA ANA, CA 92703 100 LA PLAYITA 8255 TOWNSEND #3 Santa Ana, CA 92704 101 LA POBLANITA 705 S SHELTON ST APT #A Santa Ana, CA 92703 102 LAS DELICIAS DE LOS JEFES 333 AVOCADO ST. #A -2 Costa Mesa, CA 92627 103 LAS TORTUGAS GRILL 1121 S KAREN AVE. Santa Ana, CA 92704 104 LESLEE'S PRODUCE 2125 N EASTWOOD AVE Santa Ana, CA 92705 105 LG FOOD SERVICE 1709 S DOREEN WAY Santa Ana, CA 92704 106 LONCHERA MARISCOS LOS CORALES M 2629 W WESTMINSTER Santa Ana, CA 92706 107 LOPEZ PRODUCE 15962 S MYRTLE AVE. #1 Tustin, CA 92780 108 LOPEZ PRODUCE 314 EASTSIDE AVE, Santa Ana, CA 92701 109 LOPEZ PRODUCE 1802 N. SPURGEON ST. APT. #1 Santa Ana, CA 92706 110 LOPEZ PRODUCE 316 TANGERINE LN. SPC -45 Santa Ana, CA 92703 111 LOPEZ PRODUCE 701 E CHESTNUT AVE APT A Santa Ana, CA 92701 112 LOS MANDILONES 9141/2 N LACY ST, Santa Ana, CA 92701 113 LOS REYES DEL ELOTE ASADO 1936 WALLACE AVE. #B Santa Ana, CA 92627 114 LOS TAPATIOS 1301 S. BIRCH ST, Santa Ana, CA 92707 115 LUIS CATERING 201 S MOUNTAIN VIEW ST Santa Ana, CA 92704 -1233 116 LUNA'S CATERING 16611 TUNSTALL LN APT 3 Huntington Beach, CA 92647 117 LUPITA PRODUCE 1414 N DURANT #H Santa Ana, CA 92706 118 LUPITA PRODUCE 1801 CEDAR ST #A Santa Ana, CA 92707 119 LUPITAS CATERING PO BOX 4152 SANTA ANA, CA 92701 120 MAD DUMPLINGS LLC 13800 PARKCENTER LN #470 Tustin, CA 92782 121 MALDONADO PRODUCE 611 E CENTRAL AVE Santa Ana, CA 92707 122 MANNY'S PRODUCE 2237 5 CENTER ST. #B SANTA ANA, CA 92704 123 MARIA DE JESUS PRODUCE 1030 N PARTON APT #204 Santa Ana, CA 92701 124 MARIA's PRODUCE 809 S TOWNSEND ST. #9 Santa Ana, CA 92704 125 MARIELA'S TACO'S 14300 CLINTON ST SPC 163 Garden Grove, CA 92843 126 MARINA'S TACOS 1221 MAPLE ST Santa Ana, CA 92707 127 MARISCOS BERTIN 1101 W STEVENES AVE APT 227 Santa Ana, CA 92707 128 MARISCOS EL CAMARON BORRACHO 2520 S BIRCH ST Santa Ana, CA 92707 129 MARISCOS EL CANGREJO NICE 819 5 MAIN ST Santa Ana, CA 92701 130 MARISCOS ELTIBURON 3445 W PARK BALBOA AVE. Orange, CA 92868 131 MARISCOS LOS CORALES 12132 FIREBRAND ST. Garden Grove, CA 92840 132 MARISCOS LOS PRIMOS 537 E. CENTER ST. APT #175 Anaheim, CA 92805 133 MARISCOS NUEVO VALLARTA ESTILO N 13871 SHADY LANE APT 4 Santa Ana, CA 92706 -2144 134 MARISCOS SAN PEDRO 2119 W WILSHIRE AVE Santa Ana, CA 92704 135 MARISCOS VIP 202 W EDINGER AVE Santa Ana, CA 92707 136 MARTHA PRODUCE 901 S. BAMDAL ST. Santa Ana, CA 92704 137 MARTINEZ PRODUCE 2513 W. OCCIDENTAL ST. Santa Ana, CA 92704 138 MARTINEZ TACOS 901 S. BRISTOL SPC B PMB #376 Santa Ana, CA 92703 139 MAYRAS CATERING 125 E POMONA ST Santa Ana, CA 92707 140 MI PUEBLO PRODUCE 722 E. WALNUT ST. #14 Santa Ana, CA 92701 141 MI TIERRA PRODUCE 1500 E WARREN ST #42 Santa Ana, CA 92705 142 MIAS MINI MARKET 833 N VAN NESS AVE Santa Ana, CA 92701 143 MIRANDA PRODUCE 331 S GARNSEY ST. SANTA ANA, CA 92701 144 MIRANDA PRODUCE 1507 N DURANT#13 Santa Ana, CA 92703 11A -11 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017 OUSINESS - ADDRESS- mail ltv state. rlp 145 MIS DOS CARNALES CATERING 1145 TAFT ST, Irvine, CA 92620 146 MUNOZ HOT DOGS 1522 N SYCAMORE ST APT B Santa Ana, CA 92701 147 NINJAS WITH APPETITE 1439 W. CHAPMAN AVE. #88 Orange, CA 92868 148 OK CATERING 317 E. LA PALMA AVE. #36 Anaheim, CA 92801 149 OKAMOTO KITCHEN 13412 VENTURA BLVD #360 Sherman Oaks, CA 91423 150 ORGINIAL MULITAS GRILL 633 S MAIN ST. Santa Ana, CA 92701 151 ORTEGA PRODUCE 3851 HAMMEL ST. LOS ANGELES, CA 90063 152 ORTEGA PRODUCE 1416 N. SPURGEON ST. APT #7 Santa Ana, CA 92701 153 PALMAR PRODUCE 914 S SHELTON APT #3 SANTA ANA, CA 92703 154 PARAISO CATERING 201 S MOUNTAIN VIEW ST. SANTA ANA, CA 92704 155 PEPES CATERING 1527 S STANDARD AVE. #26 SANTA ANA, CA 92707 156 PIAGGIO ON WHEELS 3851 MAGNOLIA ST Irvine, CA 92606 157 PINEDA'S PRODUCE 1102 N GATES ST. SANTA ANA, CA 92703 158 PIZZAMI BUSCEMI 5048 E ALMOND AVE #3 ORANGE, CA 92869 159 PRIMOS MARISCOS 4716 E COMPTON BLVD Compton, CA 90221 160 PRODUCE GARIBAY 215 E. 15th ST #1 Santa Ana, CA 92701 161 PRODUCE JUQUILITA 3801 S. ROSS ST. APT. A Santa Ana, CA 92707 162 PRODUCE MARCELINA 1507 N. DURANT ST. APT 13 Santa Ana, CA 92706 163 PRODUCE PALACIOS 715 E CHESTNUT AVE. #A SANTA ANA, CA 92701 164 PRODUCE YOAU 648 E CENTRAL AVE. Santa Ana, CA 92707 165 PRODUCTOS RODRIGUEZ 1027 N. PARTON ST. APT. #4 Santa Ana, CA 92701 166 QUIROZ PRODUCE 1413 W MC FADDEN AVE Santa Ana, CA 92704 167 RAMIREZ PRODUCE 1030 W HIGHLAND ST., APT, 1 SANTA ANA, CA 92703 168 RAMIREZ PRODUCE 1802 N SPURGEON ST. Santa Ana, CA 92706 169 RAMIREZ PRODUCE 939 S MINNIE ST #4 Santa Ana, CA 92701 170 RASPADO VIOLETA 1502 N. VAN NESS AVE APT #9 Santa Ana, CA 92706 171 REINAS PRODUCE 425 S. SUSAN ST. Santa Ana, CA 92704 172 RENTERIA 1007 1/2 W MYRTLE ST. Santa Ana, CA 92703 173 REY PRODUCE 1507 N. DURANT ST #44 Santa Ana, CA 92706 174 REYES'S PRODUCE 1403 W ELDER AVE Santa Ana, CA 92704 175 RICHY'S TACOS 1403 W. ELDER AVE. Santa Ana, CA 92704 176 RIGOBERTOS BROTHERS #2 23173 BRYMAN RD Oro Grande, CA 92368 177 RIOS PRODUCE 1010 W BISHOP ST #H Santa Ana, CA 92703 178 ROBLES PRODUCE 931 S STANDARD AVE #1 Santa Ana, CA 92701 179 RODRIGUEZ PRODUCE 509 E MCFADDEN AVE. Santa Ana, CA 92707 180 RODRIGUEZ PRODUCE 923 W CAMILE ST Santa Ana, CA 92703 181 ROSA PRODUCE PO BOX 2312 SANTA ANA, CA 92707 -0912 182 ROSALES PRODUCE 1905 W. MYRTLE ST. APT #1 Santa Ana, CA 92703 183 ROSARIOS CATERING 13862 YOCKEY ST Garden Grove, CA 92844 184 RUBI PRODUCE 710 S. TOWNSEND ST UNIT #5 Santa Ana, CA 92704 185 RUBY'S TAMALES 1302 S ROSS ST. Santa Ana, CA 92706 186 RUFINO PRODUCE 2301 W. WISTERIA PL. Santa Ana, CA 92704 187 RYKO MAK TAKO 934 W. ALPINE AVE. Santa Ana, CA 92707 188 SALAZAR PRODUCE 721 E PINE ST #B Santa Ana, CA 92701 189 SALAZAR's PRODUCE 13522 HALEY AVE. Whittier, CA 90605 190 SALSA GRILL 303 S HICKORY ST SANTA ANA, CA 92701 191 SANCHEZ MEXICAN FOOD 1651 MITHCHELL AVE. Tustin, CA 92780 192 SANCHEZ PRODUCE 2601 HUCKLEBERRY RD Santa Ana, CA 92706 11A -12 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017. BUSINESS ADDRESS trail- sit"tate-ZIP 193 SANTAMARIA PRODUCE 1032 W BISHOP ST. #A SANTA ANA, CA 92703 194 SANTOS PRODUCE 14541 DEL AMO AVE APT C Tustin, CA 92780 195 SILVANO PRODUCE PO BOX 2282 SANTA ANA, CA 92707 196 SILVAS PRODUCE 721 PINE APT B Santa Ana, CA 92701 197 SIZZLING SUSIES CATERING 201 S MOUNTAINVIEW ST. SANTA ANA, CA 92704 198 SORIANO PRODUCE 1030 HIGHLAND ST., APT. 1 Santa Ana, CA 92703 199 SORIANO's PRODUCE PO BOX 2394 SANTA ANA, CA 92707 -0394 200 SORIANO's PRODUCE 339 W HALESWORTH ST. #806 Santa Ana, CA 92701 201 STREET FOODS CO. 17176 BIRCH HILL RD Riverside, CA 92504 202 SURPRISE CATERING 627 S SHELTON ST Santa Ana, CA 92701 203 TACO EL CALENTANO 2516 S ROSEWOOD AVE. #B Santa Ana, CA 92707 204 TACO PERRON 1421 W WISTERIA PL SANTA ANA, CA 92703 205 TACOS AL VAPOR "LOS GUEROS" 1926 E LA VETA AVE APT. #115 Orange, CA 92866 206 TACOS AYUTLA OAXACA 451 FERRIS AVE Los Angeles, CA 90022 207 TACOS CABANAS 2520 S BIRCH ST Santa Ana, CA 92707 208 TACOS DE SANTIAGO 1633 Baker St. Costa Mesa, CA 92626 209 TACOS DURANGO 8330 N. 19TH. AVE. APT.1089 Phoenix, AZ 92701 210 TACOS EL BESO 831 E 3RD ST. - Santa Ana, CA 92701 211 TACOS EL COMPITA 740 S LYON ST. #555 Santa Ana, CA 92705 212 TACOS EL DON 206 W. ST. GERTRUDE Santa Ana, CA 92707 213 TACOS EL MOY 1422 N DURANT ST SANTA ANA, CA 92706 214 TACOS EL PANZAS 1001 S. LYON ST. APT. 20 Santa Ana, CA 92705 215 TACOS EL SAGA 801 S PARTON ST Santa Ana, CA 92701 216 TACOS EL YOGY 810 S BIRCH ST Santa Ana, CA 92701 217 TACOS LA FORTUNA 2402 W MOORE AVE Santa Ana, CA 92704 218 TACOS LA UNICA 1709 NORMANDY PL UNIT #A Santa Ana, CA 92705 219 TACOS LUCAZ 2218 E AVALON AVE SANTA ANA, CA 92705 220 TACOS MANUEL Y CAM ILAS 1006 W. CUBBON ST. Santa Ana, CA 92703 221 TACOS MI ORIGEN 829 S. KENMORE ST. Anaheim, CA 92804 222 TACOS PEPE EL TORO YTORTAS GUAD11413 W MCFADDEN AVE Santa Ana, CA 92704 223 TACOS RADIOACTIVOS 3248 SOUTH MAIN ST #45A Santa Ana, CA 92707 224 TACOS Y BIRRIA EL GUERO 443 S HESPERIAN ST SANTA ANA, CA 92703 -0471 225 TACOS Y BIRRIA LA CASCADA 2220 E. AVALON AVE. Santa Ana, CA 92705 226 TACOS Y BIRRIA MIGUELITO 1407 W 2ND STREET Santa Ana, CA 92703 227 TAMALES DONA LEO 17682 VAN BUREN #B Huntington Beach, CA 92647 228 TAMALES IRMA 1138 S PARTON STREET Santa Ana, CA 92707 229 TAQUERIA AZTECA 12103 PARISE DR. Whittier, CA 90604 230 TAQUERIA DE ANDA PO BOX 1518 Fullerton, CA 92832 231 TAQUIZAS LOS CUNADOS 1509 HIGHLAND ST Santa Ana, CA 92703 232 THACKER BERRY FARMS 2124 REDGEVIEW TERRACE Signal Hill, CA 90755 233 THE CRAZY CEVICHE 1634 E REDWOOD Anaheim, CA 92805 234 THE CUT HANDCRAFTED BURGERS 20211 SPRUCE AVE. Newport Beach, CA 92660 235 THE FIREPIT MEXICAN GRILL 15123 S BROOKHURST ST APT #57 Westminster, CA 92683 236 TONITO'S TAMALES 601 S SHAWNEE DR. Santa Ana, CA 92704 237 TORTAS AHOGADAS LOS PRIMOS 3636 W. PARK BALBOA AVE. Orange, CA 92868 238 VALENCIA PRODUCE 1817 S CEDAR ST. #C SANTA ANA, CA 92707 239 VALENTINA PRODUCE 421 E 16TH STREET #107 Santa Ana, CA 92701 240 VERACRUZ FRESH FRUIT 3334 ADRIATIC AVE Long Beach, CA 90810 11A -13 Attachment C Mobile Vending Notice (English Spanish) mailed to 246 mobile vending businesses on January 31, 2017. 61jSJNESS AQUAE S mail,...,city state_zIp 241 WENDY PRODUCE 1009 W BISHOP ST APT #30 Santa Ana, CA 92703 242 XIQUE PRODUCE 2301 W WISTERIA PL. SANTA ANA, CA 92704 243 XIQUI PRODUCE 244 XOLO MARISCOS 245 YOVI AND JACQUI FRUTA 246 YOVI AND JACQUI PRODUCE 1002 S MINNIE ST. #3 1727 NORMANDY PL. APT D 1607 S. CALLE DEL SOL APT. H 1607 S. CALLE DEL SOL, #H 11A -14 SANTA ANA, CA 92701 Santa Ana, CA 92704 Anaheim, CA 92802 Anaheim, CA 92802 (New language underlined, deleted language in strikeout for tracking purposes only.) 1� 10 iI ...1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -700 THROUGH 36 -720); AND ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana expressly finds that vending vehicles pose traffic hazards and special danger to the safety and welfare of children and residents of the City. The City's intent is to provide clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. B. The City Council of the City of Santa Ana previously adopted Article XIV in Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal Code sections 36 -700 through 36 -720). C. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as Santa Ana Municipal Code sections 36 -50 through 36 -63. D. The later ordinances were challenged in an action filed in Orange County Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 preempted the City ordinances because the City regulations were not limited to protecting public safety. E. Following the Vasquez case, the City has not sought to enact or enforce further regulation of food vending vehicles, even though Vehicle Code section 22455 allows a local authority to adopt additional requirements for mobile vending which restricts the time, place and manner of vending in order to protect the public safety. Exhibt 2. Ordinance No, NS -XXXX Page 1 11A -15 F. In an effort to clean up the Santa Ana Municipal Code (SAMC), the City Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles' (SAMC section 36 -700 through 36 -720) as well as Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (SAMC section 36 -50 through 36 -63). G. The City Council hereby adopts a new Food Vending Vehicle ordinance restricting the place and manner of vending in order to protect the public safety in accord with Vehicle Code section 22455. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15061(b)(3), in that it can be seen with certainty that the project will have no possible significant Impact on the environment. A Categorical Exemption for Environmental Review No. ER -20+ - —will be filed for this project. Section 3. Article XIV in Chapter 36 "Food Vending Vehicles' (Santa Ana Municipal Cade Sections 36 -700 through 36 -720) is hereby repealed in its entirety, Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (Santa Ana Municipal Code Sections 36 -50 through 36 -63) is hereby repealed in its entirety. Section 5. The City hereby adopts the new "Food Vending Vehicles ", Article XIV to Chapter ti of the Santa Ana Municipal Code to read as follows: Sec. 36 -700. Purpose and Intent. The City Council expressly finds that vending vehicles pose traffic hazards and special dangers to the safety and welfare of children and residents of the city. It is the purpose and intent of the City Council, in enacting this article, to provide responsible companies and persons who engage in the operation of vending from vehicles with clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. Sec. 36 -701. Definitions. As used in this article: A. "Crosswalk" shall be defined by the California Vehicle Code, as that term may be amended from time to time. Ordinance No. NS -XXXX Page 2 11A -16 B. "Business license" means a business license required by Chapter 21 of the City of Santa Ana Municipal Code. C. "Food vending vehicle" or "vending vehicle" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and /or prepared, pre - packaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. Food vending vehicle as used in this article does not refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this Code. that: D. "Operator" as used in this article shall mean any entity and all person(s) (1) Owns, controls, manages, and /or leases a food vending vehicle; and /or (2) Contracts with any person(s) to drive, operate, prepare food in, and /or vend from, a food vending vehicle; and /or (3) Drive, operate, vend and /or prepare food in or from a food vending vehicle. E. "Goods" or "merchandise" shall include items and products of every kind and description, including all foods, produce, and beverage items. F. "Park" shall be defined by Chapter 31 of this Code, as it may be amended from time to time. G. "School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include either a vocational institution or a professional institution of higher educations, including a community or junior college, college, or university. H. "Street" shall be defined by the California Vehicle Code, as that term may be amended from time to time. 1. "Vend" or "vending" as used in this article means soliciting, displaying, offering for sale for monetary or other consideration, or sale, of any goods or merchandise to the public from a vehicle; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food vending vehicle on a public or private street, alley, highway or public place within the City of Santa Ana and includes the movement or standing of a food vending vehicle for the purpose of searching for, Ordinance No. NS -XXXX Page 3 11A -17 obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. J. "Restocking" means the transfer of food, goods or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise. Sec. 36.702. Operational Requirements. A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food vending vehicle in the City without a valid business license issued, in addition to any other license or permit required under any other chapter of this code, for each and every food vending vehicle. B. All operators shall comply with the following regulations: 1. Each operator vending any produce or other food item shall comply with all County of Orange Health Care Agency requirements for mobile food facilities, as well as all required food handling permits. Each operator shall possess and at all times display such permits in conspicuous view upon each vending vehicle. 2. Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City business license. 3. Every food vending vehicle shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed. 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. No food vending vehicle that is stopped, parked or standing on any street, alley, or highway shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the food vending vehicle. 5. No operator of a food vending vehicle shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public or private street. 6. No owner or operator of a vending vehicle shall permit vending within five hundred (500) feet from a school, park, community center or public playground facility.. Ordinance No. NS -XXXX Page 4 11A -18 7. No owner or operator shall permit the vending vehicle to vend within one hundred (100) feet of a marked or unmarked crosswalk in an intersection. 8. No food vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public or private street. Vending shall only be permitted where the food vending vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner 9. Vending from a food vending vehicle while the vehicle is parked, stopped, or standing on any public or private street, alley, or highway is permitted only when that part of the food vending vehicle open to prospective customers is on the side of the vehicle immediately next to the right side of the public or private street, alley, or highway. Under no circumstances may vending occur from the left side of a food vending vehicle. Notwithstanding the above provisions, no person shall vend to any customer whose location creates a traffic hazard. 10. All food vending vehicles shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all trash and refuse generated by the operator's vending during the time the vehicle is stopped, that is within not less than a fifty (50) -foot radius of the vehicle, before such vehicle is moved. 11. Restocking of a food vending vehicle is prohibited while the vehicle is on any public or private street or alley. 12. No food vending vehicle shall attach to or receive any electrical power or other utilities from any public or private property while the vehicle is located on any private or public street or alley. 13. Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public street, alley, or highway is thirty -five miles per hour or greater. 14. No owner or operator of a vending vehicle shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk. 15. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, food vending vehicles shall be stored at or within an approved commissary in order to have protection from unsanitary conditions. Food vending vehicles shall not be stored overnight outside of an approved commissary. Ordinance No, NS -XXXX Page 5 11A -19 16. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, any food vending vehicle which is parked and vending in single location for one hour or longer must be parked within two hundred (200) feet of an approved and readily available toilet and handwashing facility, to ensure that restroom facilities are available to food vending vehicle employees. The food vending vehicle operator must provide written evidence of permission from an adjoining property owner to use their restroom facilities. Sec. 36.703. Exemptions. This article shall not apply to any City - sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the City. Sec. 36.704. Land Use Certificate Required for Vending on Private Property. A. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities on property in commercial, manufacturing, or planned development zones designated for commercial or manufacturing uses. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. B. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities such as filming for movies, a party, fair, or carnival. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. C. Pursuant to this section, the following restrictions apply to vending on private property: 1. A food vending vehicle may only vend and remain parked on private property for the period of time noted in the Land Use Certificate and /or special event permit. Z All food vending vehicles are required to have a City of Santa Ana business license conspicuously displayed when vending. 3. Nothing in this section shall be construed to excuse food vending vehicles from complying with all other provisions of this chapter, Ordinance No. NS•XXXX Page 6 11 A -20 (New language underlined, deleted language in strikeout for tracking purposes only.) Sec. 36 -705. Penalty for Violation. Ever - violation -o€- the- eemed- ts- be-a -n d +eaner and; - parr- eonviction- thereof halt -be- punishable -as provided- €or4 n- ses1ion4 8- of_th+8 �; ode -�- day -any- violation -of"an y..�ai d- pr�avislo n-af- this -a rtisle- sk�alf- sontinue...sk�aEl oonWi4te -a - separate effense. Altemo i- valy -, -Every violations of the rov this article way-shall be addressed through the use of an administrative citation as set forth in sections 1 -21.1 through 1- 21.9 of this Code. Each day anv violation of anv provision of this article shall continue shall constitute a se)arate offense. Use of an administrative citation shall not prevent or preclude the City from seeking additional criminal, civil or other legal remedy established by law. Section 6. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. 10101 .49 •. 0 APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2017. Miguel A. Pulido Mayor 11 A -21 Ordinance No. NS -XXXX Page 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUiZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017, 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 -22 Ordinance No. NS -XXXX Page 8 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -700 THROUGH 36 -720) AND ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana expressly finds that vending vehicles pose traffic hazards and special danger to the safety and welfare of children and residents of the City. The City's intent is to provide clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. B. The City Council of the City of Santa Ana previously adopted Article XIV in Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal Code sections 36 -700 through 36 -720). C. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as Santa Ana Municipal Code sections 36 -50 through 36 -63. D. The later ordinances were challenged in an action filed in Orange County Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 preempted the City ordinances because the City regulations were not limited to protecting public safety. E. Following the Vasquez case, the City has not sought to enact or enforce further regulation of food vending vehicles, even though Vehicle Code section 22455 allows a local authority to adopt additional requirements for mobile vending which restricts the time, place and manner of vending in order to protect the public safety. Exhibit Ordinance No. NS -XXXX Page 1 11 A -23 F. In an effort to clean up the Santa Ana Municipal Code (SAMC), the City Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles' (SAMC section 36 -700 through 36 -720) as well as Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (SAMC section 36 -50 through 36 -63). G. The City Council hereby adopts a new Food Vending Vehicle ordinance restricting the place and manner of vending in order to protect the public safety in accord with Vehicle Code section 22455. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15061(b)(3), in that it can be seen with certainty that the project will have no possible significant impact on the environment. A Categorical Exemption for Environmental Review No. ER -20_ - will be filed for this project. Section 3. Article XIV in Chapter 36 "Food Vending Vehicles" (Santa Ana Municipal Code Sections 36 -700 through 36 -720) is hereby repealed in its entirety. Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles' (Santa Ana Municipal Code Sections 36 -50 through 36 -63) is hereby repealed in its entirety. Section 5. The City hereby adopts the new "Food Vending Vehicles', Article XIV to Chapter 8 of the Santa Ana Municipal Code to read as follows: r w ►t If•0911 '.F[d111 Sec. 36 -700. Purpose and Intent. The City Council expressly finds that vending vehicles pose traffic hazards and special dangers to the safety and welfare of children and residents of the city. It is the purpose and intent of the City Council, in enacting this article, to provide responsible companies and persons who engage in the operation of vending from vehicles with clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community, Sec. 36 -701. Definitions. As used in this article: A. "Crosswalk" shall be defined by the California Vehicle Code, as that term may be amended from time to time. Ordinance No. NS -XXXX Page 2 11 A -24 B. "Business license" means a business license required by Chapter 21 of the City of Santa Ana Municipal Code. C. "Food vending vehicle" or "vending vehicle" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and /or prepared, pre - packaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. Food vending vehicle as used in this article does not refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this Code. that: D. "Operator °as used in this article shall mean any entity and all person(s) (1) Owns, controls, manages, and /or leases a food vending vehicle; and /or (2) Contracts with any person(s) to drive, operate, prepare food in, and /or vend from, a food vending vehicle; and /or (3) Drive, operate, vend and /or prepare food in or from a food vending vehicle. E. "Goods" or "merchandise" shall include items and products of every kind and description, including all foods, produce, and beverage items. F. "Park" shall be defined by Chapter 31 of this Code, as it may be amended from time to time. G. "School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include either a vocational institution or a professional institution of higher educations, including a community or junior college, college, or university. R "Street' shall be defined by the California Vehicle Code, as that term may be amended from time to time. I. "Vend" or "vending" as used in this article means soliciting, displaying, offering for sale for monetary or other consideration, or sale, of any goods or merchandise to the public from a vehicle; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food vending vehicle on a public or private street, alley, highway or public place within the City of Santa Ana and includes the movement or standing of a food vending vehicle for the purpose of searching for, Ordinance No. NSAXXX Page 3 11 A -25 obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. J. "Restocking" means the transfer of food, goods or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise. Sec. 86.702. Operational Requirements. A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food vending vehicle in the City without a valid business license issued, in addition to any other license or permit required under any other chapter of this code, for each and every food vending vehicle. & All operators shall comply with the following regulations; 1. Each operator vending any produce or other food item shall comply with all County of Orange Health Care Agency requirements for mobile food facilities, as well as all required food handling permits. Each operator shall possess and at all times display such permits in conspicuous view upon each vending vehicle. 2. Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City business license. 3. Every food vending vehicle shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed. 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. No food vending vehicle that is stopped, parked or standing on any street, alley, or highway shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the food vending vehicle. 5. No operator of a food vending vehicle shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public or private street. 6. No owner or operator of a vending vehicle shall permit vending within five hundred (500) feet from a school, park, community center or public playground facility. Ordinance No. NS -XXXX Page 4 11 A -26 7. No owner or operator shall permit the vending vehicle to vend within one hundred (100) feet of a marked or unmarked crosswalk in an intersection. 8. No food vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public or private street. Vending shall only be permitted where the food vending vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner 9. Vending from a food vending vehicle while the vehicle is parked, stopped, or standing on any public or private street, alley, or highway is permitted only when that part of the food vending vehicle open to prospective customers is on the side of the vehicle immediately next to the right side of the public or private street, alley, or highway. Under no circumstances may vending occur from the left side of a food vending vehicle. Notwithstanding the above provisions, no person shall vend to any customer whose location creates a traffic hazard. 10. All food vending vehicles shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all trash and refuse generated by the operator's vending during the time the vehicle is stopped, that is within not less than a fifty (50) -foot radius of the vehicle, before such vehicle is moved. 11. Restocking of a food vending vehicle is prohibited while the vehicle is on any public or private street or alley. 12. No food vending vehicle shall attach to or receive any electrical power or other utilities from any public or private property while the vehicle is located on any private or public street or alley. 13. Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public street, alley, or highway is thirty -five miles per hour or greater. 14. No owner or operator of a vending vehicle shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk. 15. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, food vending vehicles shall be stored at or within an approved commissary in order to have protection from unsanitary conditions. Food vending vehicles shall not be stored overnight outside of an approved commissary. Ordinance No. NS -XXXX Page 5 11 A -27 16. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, any food vending vehicle which is parked and vending in single location for one hour or longer must be parked within two hundred (200) feet of an approved and readily available toilet and handwashing facility, to ensure that restroom facilities are available to food vending vehicle employees. The food vending vehicle operator must provide written evidence of permission from an adjoining property owner to use their restroom facilities. Sec. 36703. Exemptions. This article shall not apply to any City- sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the City. Sec. 36 -704. Land Use Certificate Required for Vending on Private Property. A. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities on property in commercial, manufacturing, or planned development zones designated for commercial or manufacturing uses. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. B. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities such as filming for movies, a party, fair, or carnival. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. C. Pursuant to this section, the following restrictions apply to vending on private property: 1. A food vending vehicle may only vend and remain parked on private property for the period of time noted in the Land Use Certificate and /or special event permit. 2. All food vending vehicles are required to have a City of Santa Ana business license conspicuously displayed when vending. 3. Nothing in this section shall be construed to excuse food vending vehicles from complying with all other provisions of this chapter, Ordinance No. NS -XXXX Page 6 11 A -28 Sec. 36 -705. Penalty for Violation. Every violation of the provisions of this article shall be addressed through the use of an administrative citation as set forth in sections 1 -21.1 through 1 -21.9 of this Code. Each day any violation of any provision of this article shall continue shall constitute a separate offense. Use of an administrative citation shall not prevent or preclude the City from seeking additional criminal, civil or other legal remedy established by law. Section 6. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. ADOPTED this _ day of 2017. APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11 A -29 Ordinance No. NS -XXXX Page 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017, 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 -30 Ordinance No. NS -XXXX Page 8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR FEBRUARY 2017 (STRATEGIC PLAN NO. 5, 1) r- 10010 1!lIJ1 I4'LlI 411�+3 0 1[ CLERK OF COUNCIL USE ONLY: - -.• ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for February 2017. DISCUSSION The February 2017 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.oEg/strategic-planning/ STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE AUTHORIZE EMERGENCY REPAIRS AT FOUR LOCATIONS AND AWARD A CONTRACT TO ARNAZ ENGINEERING CONTRACTORS, INC. (PROJECT 17 -6612) (STRATEGIC PLAN NO. 6, 1C) t� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ^.0 pl ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 et Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize emergency repairs to the Third and Birch Parking Structure, the First Street Bridge over the Santa Ana River, the Safety Wall adjacent to the railroad tracks near Lincoln Avenue and Beechwood Street, and a City- owned, 20- foot -wide drainage channel located at the rear of 4080 First Street. 2. Award a contract to Arnaz Engineering Contractors, Inc., to perform the urgent repairs to the four locations identified above, with all four repairs to be performed on a time - and - materials basis in the total amount not to exceed $220,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve an appropriation adjustment recognizing $30,000 from prior year fund balance in the Local Drainage Area Fund 221 revenue account, and appropriating the same amount into the Local Drainage Area Fund 221 expenditure account. DISCUSSION The City has experienced damage to four city -owned facilities which require urgent attention. Two facilities were damaged in December 2016, and the other two were recently discovered as a result of the latest rainfall activity in early 2017. a) The first urgent repair is the safety barrier located on the second floor of the Third & Birch Parking Structure (Exhibit 1). The barrier was shattered by a vehicle that nearly drove through it and off of the second floor of the parking structure. This incident occurred in December 2016 by an individual driving while intoxicated. Immediately after the damage occurred, staff engaged a structural engineer to determine if there was imminent danger and to make the area temporarily safe. The total expected construction cost for this location is not expected to exceed $100,000. 20A -1 Authorize Urgent Repairs to the Third and Birch Parking Structure, First Street Bridge over Santa Ana River, Safety Wall adjacent to Railroad Tracks, and Drainage Channel Sinkhole South of First Street March 21, 2017 Page 2 b) The second urgent repair is to the First Street Bridge over the Santa Ana River (Exhibit 2). A fire that was allegedly caused by transients living at the southwest bank of the river resulted in structural damage to the underside of the bridge. A structural engineer was immediately engaged to assess the damage and make the area temporarily safe. The bridge repairs require structural engineering inspection and oversight before resuming full regular use. The cost to repair the bridge and provide structural engineering is not expected to exceed $50,000. c) The third location is a partial collapse of the Safety Wall between the railroad tracks and adjacent residential properties near the intersection of Lincoln Avenue and Beechwood Street (Exhibit 3). The recent rain activity weakened the wall footings which resulted in the wall's partial collapse. Staff has already provided temporary measures to make the area safe. The permanent repairs will be coordinated with the Southern California Regional Rail Authority ( SCRRA - railroad operator) due to the close proximity to the railroad tracks. SCRRA may require additional engineering and repairs to an adjacent 4- foot -wide drainage channel. Staff will assess the drainage issues and report them back separately. The cost to rebuild the safety walls is not expected to exceed $40,000. d) The fourth location is a drainage channel which runs east and west, parallel to and south of First Street. The mobile home park located at 4080 W. First Street drains to the rear and into the subject channel. The channel walls are collapsing and the adjacent mobile homes are in danger of becoming undermined by a sinkhole that has developed (Exhibit 4). Staff recommends the voids filled with slurry cement material followed by structural concrete slab replacements at a cost not to exceed $30,000. Long -term channel rehabilitation will be necessary, and staff will be engaging a consultant to perform a detailed analysis for future permanent repairs. The urgent repairs at the four locations identified above may be completed most rapidly by performing the work on a design -build contract basis and by engaging a well- equipped contractor with the knowledge and capabilities to perform structural building and structural site work. Arnaz Engineering Contractors, Inc., is mobilized in the City for construction work on the Walnut Pump Station project and is immediately available to perform these additional repairs. Work carried out on a design -build basis limits costs to time and material pricing methods. That means costs paid by the City would be capped to actual costs and quantities of materials used by the contractor at standard materials pricing, and limited to actual man -hours worked at standard prevailing wage rates (Exhibit 5). This contractor will also be passing on savings to the City because they are already mobilized and working for the City. Staff is prepared to take detailed inspection notes and accounting of materials and labor consumed to monitor progress and billing. Time and material contracting is industry accepted, is considered a neutral method by agencies /owners and construction contractors, and is typical of emergency contract work. 20A -2 Authorize Urgent Repairs to the Third and Birch Parking Structure, First Street Bridge over Santa Ana River, Safety Wall adjacent to Railroad Tracks, and Drainage Channel Sinkhole South of First Street March 21, 2017 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT No environmental impact is associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $30,000 from prior year fund balance in the Local Drainage Area Fund 221 revenue account (No. 22117002 - 50001), and appropriating the same amount into the Local Drainage Area Fund 221 expenditure account (No. 22117660 - 62300). Upon approval of the appropriation adjustment, funds will be available for expenditure in Fiscal Year 2016/17, Project 17 -6612, as follows: Account Number Account Description Location Amount 08009051 -62300 Liability & Property Insurance Fund Third & Birch $100000 Parking Structure , 08009051 -62300 Liability & Property Insurance Fund First Street Bridge $50,000 Over SA River 08009051 -62300 Liability & Property Insurance Fund Safety Wall @ Lincoln /Beechwood $40,000 22117660 -62300 Local Drainage Area I Fund Drainage Channel $30,000 South of First St TOTAL REPAIR COSTS: $220,000 Any insurance reimbursements received shall be deposited into Account No. 08009002 -57000 Liability & Property Insurance Expense Reimbursement. 20A -3 Authorize Urgent Repairs to the Third and Birch Parking Structure, First Street Bridge over Santa Ana River, Safety Wall adjacent to Railroad Tracks, and Drainage Channel Sinkhole South of First Street March 21, 2017 Page 4 W, A I' Fre Mousavip ur Executive Director Public Works Agency Edward Raya Executive Director Personnel Services Agency FM /EWG /TC /MG Exhibits: 1. Location map 2. Location map 3. Location map 4. Location map 5. Construction APPROVED AS TO FUNDS AND ACCOUNTS: -Al iY 16J l Francisco Gutierrez Executive Director Finance & Management Services Agency & picture of the Third and Birch parking structure & picture of the First Street Bridge & picture of the wall collapse near Lincoln and Beechwood & picture of drainage channel sinkhole at 4080 W. First Street Contract 20A -4 W 31d St om m PR( LOCATION W Santa Ana Blvd *- - !'u ( 11 par rt W 1st st pq Vu 2ad St i rA c 501 st 2 Z edit E 1st S 250 feet EXHIBIT 1 N TITLE: CITY COUNCIL EMERGENCY REPAIR AT PWAA Ir A AGENDA DATE 3RD/BIRCH PARKING STRUCTURE wmmmmmmmmmv MARCH 21, 2017 P,,!, c V ... 1, A ...... I I 4 r 17M co c 501 st 2 Z edit E 1st S 250 feet EXHIBIT 1 N TITLE: CITY COUNCIL EMERGENCY REPAIR AT PWAA Ir A AGENDA DATE 3RD/BIRCH PARKING STRUCTURE wmmmmmmmmmv MARCH 21, 2017 P,,!, c V ... 1, A ...... I I 4 r 17M 20A -6 s F A l7 z A �'lh Sc IN i C PROJECT LOCATION -7 W 1st st } : .. Z t.afol dove �7 Gvodman Dr e ro 6 L n c i Mt a $ d Ave ,_ Ca .• d caY3fle5 Ave i+Vr .. C' 14 u *] D II a e VV h?�i iTt kve - : Al ..- Teton May °` _ 4tPtari Ave °r j a st � � u 4Pi ? 4M C�+ar Lx.rrc Rc� W Rgn`ar "I PP 500 feet EXHIBIT 2 N SANTA ANA . PWA CITY COUNCIL AGENDA DATE TITLE: EMERGENCY REPAIR AT FIRST STREET BRIDGE u MARCH 21, 2017 Public Works Agency -7 20A -8 Ave a joana Di c c: c E 5 Chem S1 BeeC {iwtiF7d 5t Asmn �,. c w Clara Aver E Park iln joaf Asters t E Buffa lo Ave CITY COUNCIL ■ AGENDA DATE u MARCH 21, 201 i P��� evok, nge��y E Santa Clara Ave St ig Beechwood st d 7 250 feet EXHIBIT 3 'N _E: EMERGENCY REPAIR AT WALL NEAR LINCOLN AND BEECHWOOD °;LI® ©� _PROJECT LOCATION Cherry St d c 0 Q in *a Beeahwaod St 't " tC i Asters t E Buffa lo Ave CITY COUNCIL ■ AGENDA DATE u MARCH 21, 201 i P��� evok, nge��y E Santa Clara Ave St ig Beechwood st d 7 250 feet EXHIBIT 3 'N _E: EMERGENCY REPAIR AT WALL NEAR LINCOLN AND BEECHWOOD °;LI® ©� 20A -10 c c e +Q et 6 mn _i Sr - .ry °v U a rry Crnn 'A w �fl� st Bali St �t " Oahu St L.1Ve v a 4 K vv W 1st St W 1st St EXHIBIT 4 OD L 0 L 1 FA Aloha Ln PROJECT � Bali HI Un LOCATION co Kona Lin Aloha Aloha Ln 1 ab- 250 feet p N Bats Hi Ln a� �c Kona Ln EXHIBIT 4 OD L 0 L 1 FA Aloha Ln � Bali HI Un r co Kona Lin 0 1 ab- 250 feet p N SAN FA ANA TITLE: CITY COUNCIL EMERGENCY REPAIR AT 3 AGENDA DATE REAR OF 4080 W FIRST STREET UMARCH 21 2017' PuGI¢ WoRS Agency 20A -11 20A -12 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17 -6612 URGENT REPAIRS - VARIOUS LOCATIONS This CONSTRUCTION CONTRACT is made and entered into this 21 st day of March 2017 , by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and ARNAZ ENGINEERING CONTRACTORS, INC. hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the URGENT REPAIRS - VARIOUS LOCATIONS Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Couticil. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • General Provisions • Special Provisions • Technical Provisions and Project Plans In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $ 220,000 -- Two - Hundred Twenty Thousand Dollars and no cents , as set forth and identified in the PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Exhibit 5 is oii CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17 -6612 URGENT REPAIRS - VARIOUS LOCATIONS The PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly, or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the' eater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. S. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Pa e2 f 20 -14 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17 -6612 URGENT REPAIRS - VARIOUS LOCATIONS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. 00460106 MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney BY 014 11 Jobfi Funk Assistant City Attorney CITY OF SANTA ANA: GERARDO MOUET Acting City Manager 12010]uiu isle I pill D711030 110000110.19 Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Arnaz Engineering Contractors, Inc. rim, CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17 -6612 URGENT REPAIRS - VARIOUS LOCATIONS EXHIBIT A PROPOSAL SCOPE OF SERVICES AND COMPENSATION SCHEDULE SHALL BE BASED ON A TIME AND MATERIAL FORCE ACCOUNT BASIS AS SPECIFIED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. The urgent repairs shall be completed by performing the work on a design -build basis limited to time and material pricing, using acceptable methods and equipment approved by the City. Costs shall be calculated based on actual costs and quantities of materials used by the contractor at standard materials pricing, and actual man-hours worked at standard prevailing wage rates. Staff shall verify and confirm accounting of materials and labor consumed to monitor progress and billing. THE WORK SHALL TAKE PLACE AT THE FOLLOWING FOUR CITY -OWNED FACILITIES LOCATIONS: 1) The first urgent repair is the safety barrier located on the second floor of the Third & Birch Parking Structure (Exhibit 1). The barrier was shattered by a vehicle that nearly drove through it and off of the second floor of the parking structure. This incident occurred in December 2016 by an individual driving while intoxicated. Immediately after the damage occurred, staff engaged a structural engineer to determine if there was imminent danger and to make the area temporarily safe. The total expected construction cost for this location is not expected to exceed $100,000. 2) The second urgent repair is to the First Street Bridge over the Santa Ana River (Exhibit 2). A fire that was allegedly caused by transients living at the southwest bank of the river resulted in structural damage to the underside of the bridge. A structural engineer was immediately engaged to assess the damage and make the area temporarily safe. The bridge repairs require structural engineering inspection and oversight before resuming full regular use. The cost to repair the bridge and provide structural engineering is not expected to exceed $50,000. 3) The third location is a partial collapse of the Safety Wall between the railroad tracks and adjacent residential properties near the intersection of Lincoln Avenue and Beachwood Street (Exhibit 3). The recent rain activity weakened the wall footings which resulted in the wall's partial collapse. Staff has already provided temporary measures to make the area safe. The permanent repairs will be coordinated with the Southern California Regional Rail Authority ( SCRRA - rail road operator) due to the close proximity to the railroad tracks. SCRRA may require additional engineering and repairs to an adjacent four foot wide drainage channel. Staff will assess the drainage issues and report them back separately. The cost to rebuild the safety walls is not expected to exceed $40,000. 4) The fourth location Is a drainage channel which runs east west parallel to and south of First Street. The mobile home park located at 4080 west First Street drains to the rear and into the subject channel. The channel walls are collapsing and the adjacent mobile homes are in danger of becoming undermined by a sinkhole that has developed (Exhibit 4), Staff recommends the voids filled with slurry cement material followed by structural concrete slab replacements at a cost not to exceed $30,000, Long term channel rehabilitation will be necessary, and staff will be engaging a consultant to perform a detailed analysis for permanent repairs. 20A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: CONTRACT AWARDS FOR SAFETY SHOES (SPEC. NO. 17 -019) (STRATEGIC PLAN NO. 7,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls`Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for the purchase of safety shoes for a one -year period expiring March 31, 2018, with provision for four one -year renewals exercisable by the City Manager and City Attorney, in annual aggregate amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney with the following vendors: Vendor Location Industrial Safety Shoe Company Santa Ana Red Wing Shoe Store Santa Ana Shoeteria Orange DISCUSSION Employees from various departments require safety shoes while performing job duties. Under Memorandum of Understanding with the employee associations, the City agrees to provide a safety shoe allowance per fiscal year to each qualifying employee. To provide the widest selection and to address varying job requirements, staff recommends awarding contracts with three local vendors. The recommended action will allow employees to purchase steel toe safety footwear and accessories, as required, to comply with the City's safety shoe regulation. The notice inviting bids was advertised on January 31, 2017 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 172 Vendors were notified 11 Vendors downloaded the bid 2 Bids received from a Santa Ana vendor 3 Bids received 22A -1 Contracts Award for Safety Shoes March 21, 2017 Page 2 The bids were received and opened on February 14, 2017, and evaluated. The bids received from Industrial Safety Shoe Company, Red Wing Shoe Store and Shoeteria are all responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #4 (establish employee compensation that attracts and retains a highly qualified workforce). FISCAL IMPACT Funds are available in the FY 2016 -17 budget, and will be included in future fiscal year budgets in the following accounts for anticipated expenditure upon exercising the four one -year renewal options as follows: Frej Mousavipour Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: r Francisco Gutierrez DD Executive Director Finance & Management Services Agency 22A -2 Account Antici ated Ex enditure FY FY FY FY FY FY Department No 2016 -17 2017 -18 2018 -19 2019 -20 2020 -21 2021 -22 Public Works 06017641 - Water Systems 63001 $5,000 $20,000 $20,000 $20,000 $20,000 $15,000 Maintenance Recreation & Comm. 01113250- $3,750 $15,000 $15,000 $15,000 $15,000 $11,250 Services Park 63200 Maintenance Fleet 07510100- $2,500 $10,000 $10,000 $10,000 $10,000 $7,500 Maintenance 63202 Finance & Management Srvcs. 01110130- $1,250 $5,000 $5,000 $5,000 $5,000 $3,750 Treasury 63001 Customer Srvcs. Totals $12,500 $50,000 $50,000 $50,000 $50,000 $37,500 Frej Mousavipour Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: r Francisco Gutierrez DD Executive Director Finance & Management Services Agency 22A -2 Contracts Award for Safety Shoes March 21, 2017 Page 3 Jeannie Jurado Acting Executive Director Parks, Recreation & Community Services Agency EG EXHIBIT: 1. Abstract of Bids 22A -3 ABSTRACT OF BIDS SAFETY SHOES (17 -019) Bidder Industrial Safety Red Wing Shoe Store Shoeteria Shoe Co. Store Location Santa Ana Santa Ana Orange Local vendor preference 1 % 1 % _ Discount Offered 20% 14% 15% EXHIBIT 1 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: CONTRACT AWARD TO CPAC INC. FOR BARRACUDA DATA BACKUP AND SERVER MAINTENANCE (SPEC. NO. 17 -027) (STRATEGIC PLAN NO. 6,2) (ADDRESSING MAINTENANCE, ENHANCING SERVICE PROGRAM) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: = °^:• r, ❑ As Recommended ❑ As Amended ❑ Ordinance on I "Reading ❑ Ordinance on 206Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to CPAC, Inc. for the purchase of Barracuda Data Backup and server maintenance in the amount of $170,600, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Information Technology (IT) Department provides support to both City Hall and the Santa Ana Police Department (SAPD) data centers, which together house the largest concentration of computer systems used to support City operations. More than 300 server class computers operating in these data centers host business systems that all City agencies and departments utilize. To ensure the integrity of these systems, the computer data must be protected from loss or damage due to a disaster, equipment failure or inadvertent deletion or change. The current backup and server maintenance solution is over 10 years old, consisting of both Commvault and Veeam backup software and hardware. The current backup process, which relies on tape storage, has been deemed costly and time sensitive. This is due to the aging infrastructure and outdated process. Replacing the daily backup infrastructure to a modern and more reliable system will enhance the process and provide better recovery capabilities. Barracuda Data Backup is an all -in -one enterprise solution for on- premise and cloud data backup protection. It eliminates the need to utilize complex pieces of hardware and software combining it into a single appliance that is centrally managed. Barracuda Data Backup will also automatically and securely replicate our data to the cloud, thus eliminating the need for third party data management services and offsite tape storage. 2213-1 Contract Award for Barracuda Data Backup And Server Maintenance March 21, 2017 Page 2 The notice inviting bids was advertised on February 9, 2017 and offers were solicited. A summary of the bids and offers received are as follows: 165 Vendors were notified 20 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 11 Bids received 1 Bid withdrawn Bids were opened on February 22, 2017, and evaluated (Exhibit 1). The bid received from CPAC, Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $170,600 are available in FY 2016 -17 Council Special Projects — Information Systems Data Center equipment account (no. 05010024 - 66400). Jr1ef Ciulla C Technology Innovations Officer In mation Technology Department Exhibit 1: Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Ob Executive Director Finance and Management Services Agency 228 -2 Contract Award for Barracuda Data Backup And Server Maintenance March 21, 2017 Page 3 EXHIBIT I ABSTRACT OF BIDS BARRACUDA DATA BACKUP (17 -027) BIDDER CPAC Inc. • • Anaheim, CA TOTAL $166,536.00 California Integrated Solutions Diamond Bar, CA $174,964.82 Aprisa Technology LLC Roslyn, NY $176,688.88 Data Impressions Cerritos, CA $182,195.42 Howard Industries, Inc. Ellisville, MS $182,863.00 Code Red Infrastructure LLC Phoenix, AZ $184,519.00 Golden Star Technology, Inc. Cerritos, CA $187,591.60 Taborda Solutions, Inc. Folsom, CA $188,902.12 SoftwareOne Inc Waukesha, WI $189,486.28 Hypertec USA, Inc. Tempe, AZ $190,448.33 OZNet Systems, Inc. Altadena, CA $202,539.33 22B -3 22B -4 0 • CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AWARD CONTRACT TO LEHMAN CONSTRUCTION, INC., FOR CONSTRUCTION OF THE PACIFIC ELECTRIC PARK PROJECT (PROJECT NO. 14 -7513) {STRATEGIC PLAN NO. 6, 1G) CITY VAANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract with Lehman Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the total amount of $1,998,650, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Pacific Electric Park project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,416,691, which includes the contract base amount, administration, inspection, testing, and an authorized contingency of $214,436. DISCUSSION The proposed Pacific Electric Park is a new neighborhood park involving the development of a City -owned 1.4 -acre property located at the north -east corner of Orange Avenue and McFadden Avenue. The site is bordered on the east by Maple Street and is adjacent to the Pacific Electric Bike Trail (Exhibit 1). The new park includes a bike and equestrian rest stop, benches, bike racks, drinking fountain, picnic area, themed restroom, themed playground, fitness equipment, amphitheater, community garden, fruit tree grove, gardening classroom with seating, irrigation system, security lighting along decomposed granite walkways, bio- swales, and a drought - tolerant plant palette. A Notice Inviting Bids was advertised on November 4 and 11, 2016, and bids were opened on December 21, 2016. The following is a summary of the bid invitations made and the bids received: 23A -1 Contract Award For Construction Pacific Electric Park March 21, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 47 Bids received 12 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Lehman Construction, Inc. Tustin $1,998,650 2 CS Legacy Pomona $2,059,477 3 California Building Evaluation & Construction Anaheim $2,088,402 4 Horizons Construction Orange $2,177,562 5 Environmental Construction Woodland Hills $2,213,520 6 Money Construction Glendale $2,228,404 7 Morillo Construction Pasadena $2,403,660 8 Newman Midland Cypress $2,569,170 9 New Dynasty Construction Tustin $2,618,482 10 1 Yakar Covina $2,946,865 A total of eleven bids were received and ten were considered responsive. Lehman Construction, Inc., submitted the lowest responsive bid in the amount of $1,998,650 (Exhibit 2), which is comparable to the Engineer's Estimate of $1,700,000. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Lehman Construction, Inc., in the amount of $1,998,650 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2017 -15 was filed for this project. 23A -2 Contract Award For Construction Pacific Electric Park March 21, 2017 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $2,416,691, which includes construction, contract administration, inspection, testing and an authorized contingency of $214,436. Funds are budgeted in the Community Development Block Grant (CDBG) Fund (Account No. 13518783 - 66220, Project No. 14- 7513): $700,000 for expenditure in Fiscal Year 2016 -17 and $1,716,691 for expenditure in Fiscal Year 2017 -18. YA _. rrea Mousavipour Executive Director Public Works Agency Jeannie Jurado Acting Executive Director Parks, Recreation & Community Services Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: S 't�°`� N\ \ "x s N I �b Francisco Gutierrez Executive Director Finance & Management Services Agency City Manager's Office 23A -3 23A -4 z r V MCFADDEN AVE OXFORD Si BEVERLY PL NORMANOY PL N 6Q Z HARWOOD PL -1 F-1 7 LEGEND PROJECT LOCATION �SANNT, A AA A�NA� CITY COUNCIL - P vv - G NIDA 21, DAOTE: EXHIBIT 1 MCFADDEN AVE PACIFIC ELECTRIC PARK (PROJECT 14 -7513) 23A -5 BEVERLY PL PAGE 1 OF 1 23A -6 CITY OF SANTA ANA PROPOSAL, EXHIBIT 2 PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA. FROM: LEHMAN CONSTRUCTION, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: c� r Item Description Qty Unit Untt Prfee Amount t MOBILIZATION 1 LS $ $ 173,201.00 173,201.00 2 CLEARING AND GRUBBING 66,500* SF $ $ 0.15 9,975.00 3 DEMOLITION 1 LS $ $ 12,032,00 12,032.00 4 UNCLASSIFIED EXCAVATION 850* —Cy-- $ 55.00 46,750.00 5 EROSION CONTROL /'NPDES 1 LS $ $ COMPLIANCE (SW.PPP) 25,259,00 25,259.00 6 WAI1R SERVICE i LS $ $ 18,63700 18,637.00 7 SEWER 1 LS $ $ 6,214.00 6,214.00 8 SITE DRAINAGE l LS $ $ 78,779.00 78,779:00 9 ELECTRICAL SERVICE — POLE 1 LS $ $ TO POC 3,329.00 3,329.00 10 TELEPHONE SERVICE — FOLE 1 LS $ TO POC 1,950.00 1,950.00 11 CONCRETE PAVING 5,240* SF $ $ 13.00 68,120,00 12 DECOMPOSED GRANITE 14,750* SF $ $ 4.20 61,950.00 13 6" CONCRETE MOWCURB 2,570* LF $ $ 12,50 32,125.00 P -72 3A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARIC Item Description Qty Unit Unit Price Amount 14 8" CONCRETE MOWCURB .AT 180* LF $ $ TUBE STEEL FENCE 18.00 3,240.00 15 CONCRETE TERRACED 100* LF $ $ SEATING 306.00 30,600,00 16 6' HIGH TUBULAR STZ EL 160* LF $ $ FENCING AND GATES 303.00 48,480.00 17 W HIGH PERIMETER 460* LF $ $ MASONRY WALL 390.00 179,400.00 18 30" HIGH .MASONRY WALL 40* LF $ $ WITH TUBE STEEL FENCING 240.00 9,600.00 19 BRIDGE 2 EA $ $ . 5,891.00 11,782.00, 20 COMMUNITY GARDEN 1 LS $ $ RAISED PLANTER BIDS 22,843.00 22,843.00 21 RESTROOM BUILDING I LS $ $ 298,112.00 298,112.00 22 SITE LIGHTING I LS $ $ 201,592,00 201,592.00 23 SOIL PREPARATION / FINE 26,550* SF $ $ GRADING 0.60 15,930.00 24 IRRIGATION SYSTEM 1 —C $ $ 95,450.00 95,450.00 25 LANDSCAPING 1 LS $ $ 82,313.00 82,313.00 26 60 °CALENDAR DAY 1 LS $ $ LANDSCAPE & IRRIGATION MAINTENANCE PERIOD 8,970.00 8,970.00 27 DRY ROCK STREAMBED 4,500* SF $ $ 7.30 32,850.00 28 PLAYGROUND EQUIPMENT 1 LS $ $ 216,025.00 216,025,00 29 RESILIENT SURFACING 5,500* SF $ $ 18.50 101, 750, 00 30 SAND 20 CY $ $ 340.00 6,800.00 31 BENCHES 9 EA $ $ 1,070.00 9,630,00 32 PICNIC TABLES 4 EA $ $ 1,698.00 6,792.00 33 BIKE RACKS 3 EA $ $ 2,283.00 6,849Oo P, I H.24$ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK Item Description Qty Unit Unit Price Amount 34 FITNESS EQUIPMENT" 1 LS $ $ 41,189.00 41,189.00 35 DRINKING FOUNTAIN 2 EA $ $ 4,852.00 9,704,00 36 WASTE RECEPTACLES 12 EA $ $ 1,110.00 13,320.00 37 FLAGPOLE 1 LS $ $ 7,108.00 7,106.00 TOTAL BASE, BID $ 1,998,650.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any), * The quantity for this bid item is shown for bird comparison only, This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications, The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or, decrease the quantity of this item accordingly, ADD ALTE'RNXrE BID 1 38 ENTRY MONUMENTS 2 EA 9,871.00 99,742;00 TOTAL ADD ALTERNATE BID 1 $ 99,742.00 ADD ALTERNATE BID 2 39 1 PICNIC SHADE STRUCT M 1 LS $145,727.00 $145,727.00 'T'OT'AL ADD AL1EI2PCATI: BID 2 1 $ 145,727.00 AD.D ALTERNA'T'E BID 3 40 12'X l2' GARDEN' TOOL SHED I LS $.41,623.00 $ 41,623.00 TOTAL ADD ALTERNATE BU) 3 1 $ 41,623.00 AD ALTERNATE BIT) 4 41 CLIMBING WALLS 1 LS p$74,500.00 ,500.00 $74,500.00 TOTAL ADD AI I ERNATE BID 4 P -a31A4-9 ary OF SANTA ANA PROPOSAL, PROJECT NQ.: 14 -7513 PACIFIC ELECTRIC PARK ADD ALTERNATE BID 5 42 1 CONCRETE GAME TABLES 3 EA $ 2,705.00 I $ 8,115.00 TOTAL ADD ALTERNATE BID 5 $ 8,115.00 145,727.00 TOTAL BASE BID $ 1,998,650.00 TOTAL ADD ALTERNATE BITE 1 $ 99,742.00 TOTAL ADD ALTERNATE BID 2 $ 145,727.00 TOTAL ADD ALTERNATE BID 3 $ 41,623.00 TOTAL ADD ALTERNATE BID 4 $ 74,500.00 TOTAL ADD ALTERNATE BID 5 $ 8,115.00 TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder. .hereby proposes to complete the Work—for the total base bid amount shown above, within ONE HUNDRED EIGHTY 180 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard. Specifications,6sha,ll be $1,,000 per calendar day, Name of Firm LEHMAN Signature of BIDDER Title President (If an individual, so state, If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) PZ'�� -I CITY OF SANTA, ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the•City Council, endorsed by the Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed, The BIDDER also certifies that the bid is a balanced bid, In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm i -EHMAN CONSTRUC /ON, y61- Signature of BIDDER i7l Title President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 211A.r' 1 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 14 -7513 PACIFIC ELECTRIC PARK CONTRACTOR'S LICENSING AND REOISTRATTON STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: LEHMAN CONSTRUCTION, INC. Business Address: 1691 Sierra Alta Drive, Santa Ana, CA 92705 Business E -Mail Address: info @lehmanconstruction.net Telephone: 714 -838 -7577 State Contractor's License No, and Class: License Expiration Date: 07/31/2017 State Dept, of Industrial Relations (DIR) Reg'istratio'n No.: State Dept. of. Industrial Registration Expiration I Signed: Title: President 239570 A and B l 1000010491 06/30/2017 A-1 L MA CI'T'Y OF SANTA. ANA PROPOSAL PROTECT NO.: 14 -7513 PACIFIC ELECTRIC PARIS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq,, ( "Prevailing Wage. Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. ' City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage. Laws, The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BI Title Pre (if an individual, so state) MAEit CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANT AN ,,, ) 9'� �4A,✓,O -i 4 , being duly sworn, deposes and says: []INDIVIDUAL That lie /she is the patty inaldrtg the foregoing proposal: ❑ PAR'I'NERSHI.P That he /she is a member of the co- partnership firth designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co- partnership. 129 CORPORATION That he is of, President ofLEHMAN CONSTRUCTION, INC. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he, is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is drily vested with the authority to execute instruments for an on behalf of the parties making- said bid who are: that such a bid is gen ' e bd not collusive or sham, and has not in any manner sought by collusion to seC1 e an adv it against the City of Santa Ana or any person interested in the propose¢1 f29r tr• ct, f Intl elf or any other person. Subscribed and sworn to before me this day of 20 _ Signature of officer Administering Oath (Notary Public) Alle orcherafficarcompletingthiscertlf icate.v.....6onlythe who signed the document to which this c9rtificate and not the truthfulness, accuracy, 0r validity of that document. State of California f.'bunty 0 blwa.u..a�a® Saburibad and sworn to (of affirmed) before me this r ... 1— dait ol��rxO� IrY�� r" '����9�,n✓ proved to me an the bath of satisfactory eYlden'a be the personX who appeared before me, signataee'•�`� >�n seal ,.p 3Hf q I4l L 124 MARK W. MABTCRs NbiARY PUpLIC • CALIFORNIA GCN1MISSION #9103987 ORANCC COUNTY r My comm, Cxp, APrll 11, 2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK s I�T 6 V E KNOW ALL PRESENT that, Lehman Construction Inc, as BIDDER, and RLI Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ton Percent Amount of Bid Dollars ($ 10% _______),which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above- stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. M WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14th day of November 2016 BIDDER f st uc4ion Lehma n, Inc. RLI President Timothy C. Baker, Attorney-in-Fact Subscribed and sworn to before me ATTACHED this clay of 20 Signature: Notary Public in and for the County of State ofC P�TDf l Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Imo. ' ,' RL10 CUE` an Ru C."'Pany 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)045-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and /or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint; Timothy, C Baker Melody L Spain, Karen A Eby, jointly or severally in the City of Mutrieta State of California , as Attorney in Fact; with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the fallowing is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary; any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal Is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 29th day of July, 2016. ,gO�paG ANU.Ny.Gg ?044 prrPP�ongr�fyo: State of Illinois • • • .. � •' S� `) {LINOl3 ,.1�` County of Peoria pANCE•p� %. RLI Insurance Company �7i3OT •, Contractors Bonding and Insurance Company "OOAPOq,gr�'.Z.- SEAL.' JC .. ." Barton W. Davis Vice President On this 29th day of July 1 2016 , before .roe, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and /or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. ILA.! "OFFICIAL SEAL" JACQUELINE M. 80CKUs COMMISSION EXPIRES 01114116 CERTIFICATE I, the undersigned officer of RLI Insurance Company, and /or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power. of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comp��a� �y and /or ontractors nhdl, and Insurance Company this i z „�rday of (� RLI Insurance Company Contractors on ing and Ins ranee Company r Barton W. Davis �• o Vice President 23 4 -1062 A0059115 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of A On / � /VdariW '7boe'l `ore- me, personally appeared C r xR�C✓� who proved to me on the basis of satisfacto vidence to be the person wahose e subscribed to the within instrument and acknowledged to me that ,e e!t y executed the same i is .rltheir authorized capaoity(in, and that by is! r! h Ir signature on the ins rument the person, or the entity upon behalf of ich the personnacted, exeouted the instrument. W ' !. s z DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description of attached decumentcontinued) Number of Pages — Document Date :,APACITY CLAIMED BY THE SIGNER ❑ Individual (a) Q Corporate Officer �l Partner(s) C7 Attorney -in -Fact ❑ Trustee(s) E] Other (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with current California statutes regrading notary warding and, f needed, should be completed and attached to the document. Acknowledgments frmn other states may be completed for documents beingsent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the seine date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personalty appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off mconcet forms (i,e. hesheJihev,isr are) or circiing the correct for ms, Faihue to correctly indic t this information may lead to rejection of document recording. • The notary seal Impression must be clear and photographically reproducible. mpression must trot cover teXt or lines. If seal impression smudges, re -seal if a sufficient anal permits, otherwise complete different acknowledgment form. • Signature of the notary public Hurst match the signature on rile with tine office of the county clerk, Additional information is not required but could help to ensure this aelmowledgmemt is not misused or saa0ed to a diffircnt document. •: Indicate title or type of attached document, number of pages and date. + ladicate the capacity claimed by the signer. If the claimed capacity is a eoronme Officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this rlaoument to the signed document with a staple. CALIFORNIA .• i • •D A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County Hof �^P ^� ) / J // On lt1 C.-.2 /, fin before me, ,ern 1.1 sYS7PJS�/t% 1rLz u/ c Date / // f Here Insert Name and Title oft Officer personally appeared r9 f L—�r� M /, ,, Names of Si ner s who proved to me on the basis of satisfactory evidence to be the person(9) whose name(O is /a?e subscribed to the within instrument and acknowledged to me that he /shef 4eV executed the same in his/her/their authorized capacity(iet), and that by his /h&rAheir signaturepyon the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARK W MASTERS r 777 .�, pdOTAflY PUBLIC CALIFORNIA c� COMMISSION # 2103967 Signature - .. �, \�?' ORANGE COUNTY g My Comm. ExP. Apru t, xais Signature of No>tg ub/ic Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Do en Title or Type of Document: (`fir yc7 O^n Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Tltle(s): El Partner — ❑ Limited ❑ General ❑ Individual 11 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Q Limited ❑ General ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L7 Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO., 14 -7513 PACIFIC ELECTRIC PARK LIST OF SUB - CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: %a% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /s% of the bid Section 1.725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Tot Lot Pros, Inc, License #/Exp, 967975 DIR Reg. #/Exp. 1000002374 Location Fontana, CA Phone 909 -350 -9500 Type Of Work Playground Equipment Amount$ 41,350.00 Name Bithell Inc, License #/Exp. 225174 DIR Reg. #Exp. 1000001155 License # 225174 Location Covina, CA Phone 626- 331 -2292 Type Of Work Painting /Anti - Graffiti Amotmt $ 36,227.00 Name Econo Fence Inc. License #/Exp, 337734 DIR Reg. #/Exp. 1000001395 License # 337734 Location Riverside, CA Phone 951- 685 -5000 Tvne Of Work Fencing/Gates Name Robertson Industries Inc License #/Exp. 667261 DIR Reg, # /Exp. 1000002700 Location Tempe, AZ Phone 602 - 707 -6894 Type Of Work Resilient Surfacing Amount $ 79,390,00 Name K.C. Plumbing License # /Exp. 2814.76 DIR Reg, #/Exp. 1000041159 License # 281476 Location Fullerton, CA Phone 714- 998 -4622 Type Of Work Plumbing Amount $ 45,230.00 Name R R Leonard Co License # /Exp. 250779 DIR Reg. #/Exp. 1000008892 License-# 250779 Location Santa Fe Springs, CA Phone 562 - 941 -2288 Type Of Work Reinforcing Steel Amount $ 19,125.00 PVIFIX- � 9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK LIST OF SUB - CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '' /s% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 'r /a% of the bid Section 1.725.5 of the Public Contract Code requires all. Subcontractors be registered, with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name James East Electrical Inc License #/Exp. 863933 DIR Reg. #/Exp. 100 30 02 Location Eastuale, CA Phone 949-378-9232 Type Of Work Electrical Amount $ Name License # /Exp. DIR Reg. # /Exp, License Location Phone Type Of Work Amount $ Name License #/Exp, DTR Reg. #/Exp. License # Location Phone Type Of Work Name Majestic Masonry Inc License #/Exp, 458955' DIR Reg, #/Exp, 1000005527 Location Upland, CA Phone 909 -981 -0809 Type Of Work Masonry Amount $ 146,460.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Typo Of Work Amount $ Name License #/Exp, DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ L 1K—N CITY OF SANTA ANA PROPOSAL PROJECT NO,: 14 -7513 PACIFIC ELECTRIC PARR{ The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 2. 3 City of Lake Forest, 25550 Commercentre Drive, Lake Forest, CA 92636 Name and Address of Owner. Douglas Erdman, 949 - 282 -5233 Name and Telephone Number of person familiar with project. $395,252 ADA Access Ramp October 2016 Contract Amount Type of Work. Date Completed City of Santa Ana, Ross Annex, 20 Civic Center Plaza, M -22, Santa Ana, CA 92701 Name and Address of owner. Tyrone Chesanek,714- 615 -0887 Name and Telephone Number of person familiar with project. $959,316 Memory Lane Park June 2016 Contract Amount Type of Work Date Completed City of Laguna Hills, 24035 El Toro Road; Laguna Mills, CA 92653 Name and Address of owner. Kenneth Rosenfield, 949 - 707 -2655 Name and Telephone Number of person familiar with project. $798,913 Softball Field Improvements December 2015 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: RLI Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL 61615; 800- 645 -2402 Broker: Diamond Valley Insurance Services, Inc., 41856 Ivy St., #204, Murrieta, CA 92562; 951 - 553 -7400 �u *PJ� CITY OF SANTA ANA PROPOSAL, PROJECT NO,: 14 -7513 PACIFIC ELECTRIC PARIC ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past 5 years, I City of Lake Forest, 25550 Commercentre Drive, Lake Forest, CA 92630 Name and Address of Owner. Douglas Erdman, 949- 282 -5233 Name and Telephone Number of person familiar with project. $2,432,631 Rimgate Park & Tamarisk Park Improvement Project May 2014 Contract Amount Type of Work. Date Completed 2 City of Santa Ana, Ross Annex, 20 Civic Center Plaza, M -22, Santa Ana, CA 92701 Name and Address of owner, Tyrone Chesanek,714- 615 -0887 Contract Amount or person tamrliar with project. Memory Lane Park Type of Work City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653 Name and Address of owner. Kenneth Rosenfield, 949 - 707.2655 Name and Telephone Number of person familiar with project, $798,913 Softball Field Improvements Contract Amount Type of Work June 2016 Date Completed December 2015 Date Completed . The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: RLI Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL 61615; 800- 645 -2402 Broker: Diamond Valley Insurance Services, Inc., 41856 Ivy St., #204, Murrieta, CA 92562; 951- 553 -7400 APz2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) 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 all also constitute signature of this Non - collusion Affidavit, BIDDER$ are caned that making a false certification may subject the certifier to criminallprosecuti Signed State of California County of Subscribed and sworn to (or affirmed) before me on this , day of 20i(c; by p,o_aL M , proved to me on the basis of satisfactory evidence to be the person(o who appeared before me HAYLEY A, ZAYOEL NOTARY PUBLIC- CALIFOnNIA .y d COMMISSION # 2099087 e L �j JP (! ORANGE COUNTY i a =^ MV COMM, Exp. March d, 20"1 F N taffy PL6tic �Si nature Notary PubhcSea LJAPLJ CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK NON- DISCRIMEATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because.of race, color, religion, sex, or national origin, The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 1,1246 of September 24, 1.965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. �P 3A A CITY OF SANTA ANA. PROPOSAL PROJECT NO,: 14 -7513 PACIFIC ELECTRIC PARK. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of su h persons, except as provided in Section 1420, and any contractor of public work viola in "this Section is subject to all the penalties imposed for a violation of the Cha er Signed: Title: Presid t Firm: LEHMAN CONSTRUCTION, INC. Date:, 23APBS CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PART{ STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777,5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in same amount or upon the same basis and in the same manner as the other con actors opt contractors not signatory to the trust agreement shall pay a like amount t t Calif Apprenticeship Council. Signed: Title: Prent Firm: LEHMAN CONSTRUCTION, INC, Date: / �. 4. Z'1 r-- Nf° 0 21ALN CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK TATEMENT REGARDING "ANTI- I {ICI(BACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by. these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be ohibited from inducing, by any means, any person employed in the construction r repai of ublic work, to give up any part of the compensation to which he /she is Zothe, t led. Signed: Title: President Firm: LEHMAN CONSTRUCTION, INC. Date: �Up_� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14 -7513 PACIFIC ELECTRIC PARK PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. r � :. . cr 20 z / 2 ? \ } M Ee ( \ \ }.\ / \ K « 2 { { ! \ \ \ wnd( bracistreet - (Update dun:&b r adl: stre of 'AM HOMQ , lupdeteMainklanu L) (Update Main Menu .. ... ... ... .,._._<.... ........ .. ..... .. .. ............... .. .... .... he following companies are associated with your profile. Select the Company YOU would I Ike to review, then select an option from the menu ,Glow. I D-U-N-S# Company Address, City, State 0 0 8 A N CO N S T R J C TI 0 N I N C A d d r e s s U n kn o win Tustin C A https://Iupdate.dnb.com/`lUpdatelmainPage,htm W01001ne Nara Lehman I A900.0; Government Update Userlarafile Transaction History FAQs Contact Us vim Roport >J3 a unor prefila, 9 Q Dun & Bradstreet, Inc., 2000 -2015. All flghU reserved. of 1 23A-30 ptilak"t cold FACk FAQa [ Contact Us 12/12/2016 4!37 PM _I �►�ii: �1�1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed trader this contract number 147513 by and between the City of Santa Ana, hereinafter referred to as "City" and Lehman Construction, Inc. . hereinafter referred to as "Contractor ", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated 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. 13. 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 constraint that would prevent them from complying with the Part 1.35 regulations. C. The contractor agrees to send to each tabor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin, D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Pant 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations In 24 CFR, Part 135, E. The Contractor will certify that any vacant employment positions, including training positions, that are fitted (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 to circumvent the Contractor's obligations under 24 CFR part 135. F. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects, The Contractor by this signature affixed hereto declares under penalty of perjury: Contractor has read City requirements and accepts all it requirements contained therein for all of his/hor operations within the City of Santa Ana. 0 n Y tt r, _ - - Mark Lehman, President JZ.- ZI—/ZI Si a ur ct f Contr ' Print Name and Title Date 239570 A and B 03 -069 -2045 Contractor License Number & Designation Federal DUNS Number 23A -31 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form prnient Na Me" Pacific Electric Park Proiect Location: 401 E. McFadden Ave., Santa Ana , CA 92707 Street City State Zip Contractor Name: Lehman Construction, Inc. Contractor Contact: Diana Lehman Contractor Telephone Number: Contractor Email Address:— 714-838-7577 info@lehmanconstruction.net MEMO f 4: : MW b 6 r, 10 1 N ew, I3ires Laborer Laborer Apprent'ce Cement Mason Cement Mason Apprentice Carpenter Carpenter Apprentice Ism FUN III 0, EPIRM W Total number of Section 3 resident new hires necessary to comply with contract: 9 ff I f '- Date 23A-32 E.XHI.BIT 8 Contractor's Section 3 Affirmative Action Plan 14 -7513 Pacific Electric Park Project Nrunber and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employmend or training lower income residents from the County, and to award contracts to business concerns which are located in or owned m substantial part by persons residing in the County through use of local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, US, Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns, 4. Maintain a file of all low - income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project; and the action taken with respect to each bid. 6, Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Section 3 clause provisions in all subcontracts, Section 3 Affinnative Action Plan, O Address: Street, City, State, Zip , 03- 069 -2045 DUNS Number Printed Name President Title 23A -33 require subcontractor(s) to submit a Lehman Construction, Inc. Company Name ignre of PO Box 3569 Tustin, CA 92781 Mark Lehman Address: Street, City, State, Zip , 03- 069 -2045 DUNS Number Printed Name President Title 23A -33 require subcontractor(s) to submit a EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: Lehman Construction, Inc. Please check the numbered statement that is applicable to your business: 1. v My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 11 please read the attached Section 3 Business Concern Preference - D'irlding Requirements. (Please check the applicable qualification far statement number 1) 51% owned by Section 3 residents; or Pennanont, full -time employees include at least 30% Section 3 residents; or Will. subcontract more than 25% of the dollar award of all subcontracts to be awarded to business coneem(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner- operators in your bid statement, X My business does not qualify as a Section. 3 business concern. Noto: Section 3 business ncem �tiam are located in this project's Contract Documents & Specifications within the segj o�tled Section 3 Economic Opportunities Plan. Mark Lehman Print Name 44', Date 23A -34 EXHIBIT i2 CITY OF SANTA ANA WOMEN OWNED /MINORITYBUSINESS OWNED ENTERPRISES (W /MBE) GOOD FAITH EFFORTS Project Namo: I . Pacific Electric Park Project Number: 1 14 -7513 Project Location: 1 401 E. McFadden Ave. Santa Ana CA 92707 Pursuant to 24 CFR Part 85 § 85,36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assure that minority business firms, women's business enterprises and labor surplus firms are used whenever possible, Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation,.telephone logs, rejected quotes, etc, should accompany this form, 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request, for W/MBE participation for this project was placed by the bidder: Names of Newspaper Date of Advertisement None 2, The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following tip initial solicitation to determine with certainty whether the W /MBE were interested. Names of W /MBE Solicited Dates of Solicitation Follow-up Methods and Dates Callfornia Barrlcate, Inc. 11 -11 -16 Telephone and email 11 -11.16 Valley C.itles /Gonzales Fence Co. 11 -11 -16 Telephone and email 12 -12 -16 and 12/20116 Ace Fence Company 11 -14.16 Telephone and email 12.12.16 and 12/20/16 Windgardner Masonry, Inc. 11- 14.16 & 11-15-le Telephone and small 11.30 -16, 12.12-16 and 12/20/16 3, The items of work which the bidder made available to W /MBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the . information fumished to W /MBE such as plans, specifications, and requirements for the work, Traffic control, fencing, masonry Breakdown of Items: Traffic control, fencing and gates, masonry Information Furnished: Plans and specifications F\ nOC a \PROPSVCS\HUCFORMSIMBUBB04AMe, SedionSSpecs,COC 23A -35 EXHIBIT 12 (cont.) 4. Efforts made to assist W /MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: None 5. Any additional data to support a demonstration of good faith effort, such as contracts with W /MBE assistance agencies: I declare under penalty ofperjury Mai the foregoing information is true and correct to the best of my knowledge: I understand that the City of Santa Ana and/or the U.S. Deparlment of Housing and Urban Development may verify the information provided herein in connection with W /MBE compliance evaluationlaudit activities and that faihure to fully and truthfully complete this form may result in economic or other sanctions. Signature: A4 al& Name: Diana Lehm n Title: Office M r Date: 1 Name of Contractor /Subcontractor: LEHMAN CONSTRUCTION, INC. Contractor /Subcontractor identification Number: CSLB License 239570 Address (Street, City, State, Zip): 1691 Sierra Alta Drive Santa Ana, CA 92705 Business Racial /Ethnic /Gender Code: Circle the numeric code which indicates the racial /ohmic /gender character of the owners) and controller(s) of 51% of the business. When 51% or more is net owned and controlled by any single racial /ethnicity /gender category, circle the code which seems most appropriate. 1= White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Xes or 4 =Hispanic Americans 5 = Asian/Pacific Americans 6 = Hasidic Jews F: 1o0CS\ PROPSVCSIHUDFORMSIMBUBBD4AMB- %cflonMpap 000 23A-36 Gpaif' N M' RED Request for Quote - Pacific Electric Park, City of Santa Ana 1 message Madi Hurst <madi @californiabarricade.com> Fri, Nov 11, 2016 at 3:26 PM To: "info @lehmanconstruction. net" <info @lehmanconstruction.net> Hi Diana, Please see the attached quote. Thanks, Madi Hurst 1550 E. Saint Gertrude Place Santa Ana, CA 92705 (800) 327 -8944 Toll Free (714) 558-8474 Local From: Julie Escobar Sent: Friday, November 11, 2016 3:03 PM To: Madi Hurst <madi@californiabarricade.com> Subject: FW: Request for Quote - Pacific Electric Park, City of Santa Ana 23A -37 From: Lehman Construction [mai Ito: info@ lehmanconstruction,not] Sent: Friday, November 11, 2016 3:00 PM To: Julie Escobar <aulie @caiiforniabarricade.com> Subject: Request for Quote - Pacific Electric Park, City of Santa Ana Hi Julie Please provide a quote for the following; Daily Rate for single lane closure with arrow board (not monitored) for about 4 -6 days. Prevailing Wage project with certified payroll Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714-838-7577 Fax 714 - 838 -5077 info@lehmgnconstruction.net Lehman 11.11 -16 Santa Ana.pdf 66K 23A -38 .PROPOSAL.— November 11, 2016 Diana Lehman Lehman Construction, Inc. lnfo@lehmahconstruction.net Single Lane Closure: Set and Leave Daily - -- _- Monday through Friday between the hours of 7:OOAM and 4;DOPM. 8 hours part to port, includes 1 technician, 1 traffic control vehicle, A arrow board, and all necessary traff ic control devices based upon the scope of work. Please note overtime explanation below. Overtime Rate— Prevaiiing Wage M -F Prevailing Wage overtime rates apply if jab exceeds 8 hours per day on the Overtime Rate Standard M -F _ Overtime charges apply If job exceeds 8 hours Including travel time for Tsai& aw Wait Gertrude place 11onto Ana, CA 02705 YOU Frao (800)327 -aa44 Phone (714)058.8474 Pax (7`14)081 1 $725,00/day $ 85.00/ hour/tach $70.00 /hour /tech • This is a preliminary quote based on the details provided, it Is subject to change if the scope of work changes. • Payment terms: Prepaid. • Proposal valid 30 days. Thank you for the opportunity to present this proposal, We look forward to working with you on . this project. If you require additional information or have any questions, please do not hesitate to give us a call. Sincerely, Made Hurst s Brian J. Stiger Director 1/19/2016 Ms. Kell!e Hurst, VP /Owner California Barricade, Inc 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Dear Ms, Hurst: Los Angeles County Board of Supervisors . Hide L. Sells Mark Ridley- Thomas Sheila Kuehl Don Knabe Michael D. Antonovich CBE Program LD. #: 85654 Status: WBE Congratulations! Your firm has been certified as an eligible participant in the County of Los Angeles Community Business Enterprise (CBE) Program, This certification is valid until 1/13/2018. The County of Los Angeles Department of Consumer and Business Affairs reserves the right to request additional information and /or conduct an on -site visit at any time to verify any documentation submitted by the applicant, If there are any changes during this certification period, you are required to notify the Small Business Assistance office immediately. We would also like to thank you for registering your business with the County's Vendor Registration website (WebVen) at http ://camisvr.co.1a.ca.uslwebven, You are now eligible to participate in the County's on -line access to open bids, be placed on bid lists generated by County departments looking for prospective vendors and periodically be notified automatically via email of County bids by specific commodlt!es /services. Again, congratulations on your certification, If you have questions, please call (877) 669 -CBES or email us at cbesbe @dcba.lacounty.gov and refer to the identification number above. Sincerely, Brian J. Stiger Director Debbie Cabrelra- Johnson Program Director BJS:DCJ /ct ran, i9. 500 W. Temple St., Room 3.96 -Los Angeles, OA 00012 -2706 • toll -free 800.593.8222 • phone 213,974.1452 fax 213.687.1137 23a. o =4 ov a Mark Lehman <nni @iehmanconstruction.net> Fwd: Request for Quote- Pacific Electric Park, City of Santa Ana 1 message Lehman Construction <info @lehmanconstruction.net> Mon, Dec 12, 2016 at 3:55 PM To: David Gonzales <davevcf @gmail.com> Reminder, I have not received Exhibit 17 from your company nor the quote for this project. New bid date is this Wednesday, December 14. Please forward ASAP. Thank you. Diana Lehman Lehman Construction, Inc. 714 -838 -7577 ---- - - - - -- Forwarded message ---- - - - - -- From: Lehman Construction <info @lehmanconstruction.net> Date: Fri, Nov 11, 2016 at 2:55 PM. Subject: Request for Quote - Pacific Electric Park, City of Santa Ana To: davevcf @gmall.com Please provide a quote for the tubular steel fencing, gates and handrail for this project, i also attached the Federal Document Requirements for your reference along with Exhibit 17 which will need to be provided to the City at time of bid. If we are low bidder and project will award, I will forward the documents required. Bid Item #15 Handrail Only 100 LF Bid Item #16 6' High Tubular Steel Fencing and Gates 155 LF Bid Item #18 30' High Masonry Wall with Tube Steel Fencing 34 LF Please let me know if you need anything else. Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714 -838 -7577 Fax 7'14- 838 -50'77 ini"o@lehmanconstruc,tion.net I I 23A -41 4 attachments PE Park Steel Fen ce- Gates - Handrail - LSD- 3.01.3.03.pdf 2715K PE Park Steel Fence and Gates Detail.pdf 1682K PE Park Fencing Detail.pdf 890K Pacific Elec Park Federal Document Requirements.pdf 406K 23A -42 Gmail" bxckw&' Mark Lehman <mi @Iehmanconstruction.net> Pacific Electric Park - Exhibit 17 - Bids 12 -21 -16 1 message Lehman Construction <info @lehmanconstruction.net> Tue, Dec 20, 2016 at 5:45 PM To: David Gonzales <davevcf @gmaiLcom> City deleted reference to preconstruction conference on this document, please return a completed new Exhibit 17 (attached) ASAP, Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714 -838 -7577 Fax 714 - 838-5077 info @lehmanconstructioii.net Now Exhibit 77.pdf 94K 23A -43 Fwd: Request for Quote- Pacific Electric Park, City of Santa Ana 1 message Lehman Construction <info@leh manconstruction. net> Mon, Nov 14, 2016 at 4:00 PM To: egonzalez @acefencecompany.com Project Bids 12 -7 -16 Please provide a quote for the tubular steel fencing, gates and handrail for this project. I also attached the Federal Document Requirements for your reference along with Exhibit 17 which will need to be completed by your company to turn in with our proposal to the City at time of bid. If we are low bidder and project will award, I will provide required documents for completion. Item Dose -ipdoIL Qty Llntt P1nitFx9ce Amount 16 6'HfGH TUBULAR STEEL FENCING AND GATES 155* � LF $ $ 1$ 30" HIGH MASONRY WALL 7WITH TUBE S TEEL FENCING 34'" LF $ Please let me know if you need more information. Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714 -838 -7577 Fax 714 -838 -5077 info @lehmancoristruction.net 5 attachments fn PE Park Steel Fence- Gates- Handrall- LSD- 3.01.3.03.pdf 2715K PE Park Steel Fence and Gates Detall.pdf 5 23A -44 ru rain remwu U uaean.Nui 890K vm Pacific Elec Park Federal Document Requirements.pdf 406K »� Pacific Electric Park Metal Fab Spscs.pdf 2196K 23A -45 Mark Lehman <mi@iehmanconstruetion,net> Fwd: Lodge Pole Fencing at Bridge 1 message Lehman Construction <info @lehmanconstruction.net} Wed, Nov 16, 2016 at 11:26 AM To: egonzalez @acefencecompany.com I don't believe I sent this lodge pole detail before (see attached). Please add as a separate line item on your bid. Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 71.4- 838 -7577 Fax 714 -838 -5077 info @lehmanconstruction.net an Pacific Electric Park Lodge Pole- Bridge.pdf� 1325K 23A -46 Mark Lohman <rnl@Iehmsnconstructlon.net> Pacific Electric Park -Bids 12 -14 -16 1 message Lehman Construction <info@leh m anconstruction. net> Mon, Dec 12, 2016 at 4:05 PM To: egonzalez @acefencecompany.com In addition to your quote, please provide Contractor's License #, DIR Registration # and Exhibit 17 (see attached) completed by Ace Fence ASAP: Exhibit 17 is required from all subcontractors to be filed with our bid. Let me know if you have any questions. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714 -838 -7577 Fax 714 - 8385077 info@lehmanconstruction.net . Pacific Elec Park Federal Document Requirements -Sub Quotes.pdf 406K 23A -47 Mark Lehman <ml a(„@lehmanconstructlon , net> Pacific Electric Park - Bids 12/21/16 1 message Lehman Construction <1 nfo@lehmanconstruction. net> Tue, Dec 20, 2016 at 5:03 PM To: "egonzalez @acefencecompany.com" < egonzalez @acefencecompany,com >, Ace Fence <info @acefencecompany.com> Please provide quote and complete the New Exhibit 17 requested by City ASAP. Thank you. Diana Lehman Lehman Construction, Inc, PO Box 3569 Tustin, CA 92781 714 -838 -7577 Fax 714 - 838-5077 info @lehmanconstruction, net fS New 17.pdf 23A -48 N� Mark Lehman < ml( c�a ),,Iei,Irraariconstruction.net> wxwwwwwv�wmnwrcn nwwrvnwnWe�umwnrmrmrnrx .�nww�mmmmenwmunwnw:rrwew _. _ _ _. mnmmrrxww.rrvwwm'm Fwd: Request for Masonry Quote - Pacific Electric Park, City of ,Santa Ana 1 message Lehman Construction <info @lehmanconstruction,net> Mon, Nov 14, 2016 at 4:06 PM To: SSHEPPARD @winegardnermasonry.com This is a new project for the City of Santa Ana. Please confirm by reply email if you wish to provide a masonry quote for this project. I have attached the masonry plans and specs. By the way, there are Federal Documents that are required for this project and I have attached the list of what will be needed from subcontractors, most of which is not required unless awarded the project. However, there is one form (Exhibit 17) that must be turned in with our bid which is the 3rd page on the Federal Documents attachment. Masonry Bid Items: Beni Description I Qty Unit Unit Price Amount I? 8' HIGH PERIMETER MASONRY 460* LF $ $ WALL 18 30" HIGH hWONRY WALL WITH 34* LF $ TUBE S TEEL FENCING 21 1 RESTRO OM BUILDI NG 1 LS ADD ALTERNATE BID 2 38 PICNIC SHADE STRUCTURE 1 LS $ $ ADD ALTERNATE BID 3 34 12'X 12° GARDEN TOOL SHED 1 LS 1 $ 1 $ Please let me know if you need anything else for this quote. Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 23A -49 f 1'4- 000 -1 Oft Fax 714 - 838 -5077 info@lehmanconstruction.net 3 attachments Pacific Electric Park Masonry Specs.pdf 2130K Pacific Elec Park Masonry Plan Sheets.pdf 17204K Pacific Elec Park Federal Document Requirements.pdf 406K 23A -50 G fl," ,,q pai Mark Lehman <mI @IehmanconstructIon.net> Re: Pacific Electric Park 1 message Lehman Construction <i nfo@leh manconstruction. net> Tue, Nov 15, 2016 at 8:54 AM To: Dave Browning < d brown! ng @winegardnermasonry.com> Bids 12 -7 -16 at 2.0013M On Tue, Nov 15, 2016 at 8:04 AM, Dave Browning < d brown! ng @winegardnermasonry.com> wrote: Thank you for the invite to bid this project. I'm missing the bid date and time... ]David Browning p 909 795 9711 x 105 f 909 795 2690 Winegardner Masonry, Inc, DSEISBEIWBE Certified Union Masonry Contractor www.winegardnerm asonry. coni dbrowning @winegardnermasonry.com 23A -51 izllul V4 Fwd: Pacific Electric Park 1 message Mark Lehman <ml @lehmanconstruction.net> Lehman Construction < info@lehmanconstruction. net> Mon, Dec 12, 2016 at 3:59 PM To: Dave Browning < d brown! ng @winegardnermasonry.com> Reminder, project is bidding Wednesday, December 14 and we have not received your quote at this time. Also, all subcontractors are required to provide CSLB License #, DIR Registration # and Exhibit 17 (attached to this email). Please provide this information ASAP along with your quote. Thank you. Diana Lehman LEHMAN CONSTRUCTION, INC. 714 - 838 -7577 ---- - - - - -- Forwarded message ---- - - - - -- From: Lehman Construction <1nfo@iehmanconstruction.net> Date: Wed, Nov 30, 2016 at 3:51 PM Subject: Re: Pacific Electric Park To: Dave Browning < dbrowning @winegardnermasonry.com> Good Afternoon David, I was. unable to reach you by phone today and I would like to confirm your company is going to provide a masonry quote on this project. If so, we would appreciate receiving your scope of work by Friday, December 2, or preferably your complete quote. Thank you. Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714-838-7577 Fax 714-838 -5077 info @lehmanconstruction.net On Tue, Nov 15, 2016 at 8:04 AM, Dave 13Z&A 62browning @winegardnerrnasonry.com> wrote: i nanK you Tor the invite to bid this project. I'm missing the bid date and time David Browning p 909 795 9711 x'105 f 909 796 2090 Winegardner Masonry, Inc. ,CEEISBEIWBE Certified Chien Masonry Contractor www.winegardnermasonry.com dbrownlng@wlriegardnermasonry.com Pacific Elec Park Federal Document Requirements -Sub Quotes.pdf 406K 23A -53 if blzia Mark Legman <m1 @1ohmanconstruction.net> Pacific Electric Park - Exhibit 17 1 message Lehman Construction <info @lehmanconstruction.net> Tu e, Dec 20, 2016 at 11:29 AM To: Dave Browning < dbrowning @winegardnermasonry.com? Per the voicemail I just left for you, see attached. This Exhibit 17 is required from all subcontractors and must be turned in with our bid. Please complete and return ASAP. Thanks!! Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714-838..7577 Fax 714 -838 -5077 info@lehmanconstruction.net tg New Exhibit 17:pdf 94K 23A -54 Mark Lehman <mI@Iehmancoonstructlon,net> Re: Pacific Electric Park - Exhibit 17 1 message Dave Browning <d brown ing@winegard n ermason ry.com > Tue, Dec 20, 2016 at 3 :14 PM To: Lehman Construction <info @lehmanconstruction.net> Sorry grabbed wrong file On Tue, Dec 20, 2016 at 11:29 AM, Lehman Construction <info@lehmanconstruction , net> wrote: I Per the voicemail I just left for you, see attached. This Exhibit 17 is required from all subcontractors and must be turned in with our bid. Please complete and return ASAP. Thanksil Diana Lehman Lehman Construction, Inc. PO Box 3569 Tustin, CA 92781 714 - 838 -7577 Fax 714 - 8385077 info@lehmanconstruction.net David Browning p 909 795 9711 x 105 f 9079 795 2590 Winegardner Masonry, Inc. ®BEBS'BEIWBB Certified Union Masonry Contractor www.wl negardnerm asonry. oom dbrowning@winegartl)ierniesonry.com winegar<lnermasonry.com kM Exhibit 17. pdf 458K ...,. � ,.�,.�,....,..�.ti.�.�...�,�,,., ..�.�..,.. 23A -55 To the City of Santa Ana EXHIBIT 15 NONCOLLUSTON AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) 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 other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, LEHMAN CONSTRUCTION, INC. Name,, of Contractor PO Box 3569 Tustin, CA 92781 Date FAUOCS IPROPSVCS4HUDFORMS�MBUB004AMB• 8em10n38Pe08.D00 23A -56 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: LEHMAN CONSTRUCTION, INC. Address: PO Box 3569, Tustin State: CA Date: Zip Code: 92781 Telephone: 714 -838 -7577 Acting on behalf of the above -named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated funds have been paid, by or on behalf of the above -named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress; or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof; and 2) If any finds 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 or 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 above -named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above -named firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, acid cooperative agreements) and that all sub- recipients 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 the 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 $10,90gr and not more than $100,000 for each. such failure, Authorized Name: Title: President Signature: o-1 e4 ✓1 Date: / / r ' l ' 14 F: 0008 \PROP5VCS%HUOPORMS\MBk)5804AM5 - 80a110n3SP0N.ROP 23A-57 EXHIBIT 17 cr,. 'rlFICATI.ON OF UNDI✓:RSTANDING AND AUTHORIZATION Project Name: PACIFIC ELECTRIC PARK Project Number: 14 -7513 This is to certify that the principals and the authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authoriz4d to sign the Statornent of Compliance, vvhich will accompany our weekly certified payroll reports for this project: Diana Lehman Payroll Officoe Mw,-6 Payroll Officer's Signature LEHMAN CONSTRUCTION, INC. Contractor /Subcontract t'" t by ignature Diana Lehman Printed Name Secretary/Treasurer Title 12 -20 -16 Date 239570 Ccutractor /Sribcontraotor License No. 03- 069 -2045 DlTNS Numbe F:I DOCS TROPSVCSHUDFORMSIMBU6SD4AMB- SeoHon3Spece.MC 23A -58 EXHIBIT 17 CERTIFICATION OF UNDERSTANDIN13 ANDIAUMORIZAVON !AGIIIC E�ECTRIC PARK ProjeaNumber, 14,7511 Thisig to oartify that am pfinoftxa and dw, wtfw4zgd payroll: aft orbalow., fiwo.. read m4 uadersud "tabor tic wsolmisps penwainglo tho subji�d The :WOwt" P"s), is, =cmpauy out" tot am unda sigaaed a0d 4 "Kivd to. mr tie. 23A-59 Ftl�[-. GSWP41 '�494G &iry41[aFtlRMsSMtlU$iki?AMg, �rtli %D°Kiq@�C,�4< 23A -60 A EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name; PACIFIC ELECTRIC PARK Projcot Number: 14 -7513 This is to certify that the principals and the authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject. project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the : .Statement of Compliance, which will accompany ottr weekly certified payroll reports for this project: Payro tYloar's Na it ear P toll tifficor's Signature �,��ttV1G (1Gi C;ontrnctnr / nbcontrno r _- Sigt'iaturc •M _ C Ack f -V Printed Name Titic f Date Contraotor/ ubcontractorLicenseNo, "�0 all DUNS Number F:\0 OCS \PROPSVCS1HUQFORMMM005BO4AMB Section3Specs.COC 23A-61 AND AUTHORIZATION p reject Nate. Pacific tiectric ?ark project Nomber: 14-7513 This is to certify that the prulicipals and the authorized payroll officet, below, have read and understand the labor standards clauses pertaining to the subject project The following person(s) is designated as the payroll.offiver for ftm undersigned and is anthmized to sign the Statement of Compliance, which will accompany our weekly oortifTed payroll repom ft this project;. Troy Btthall P 11 Of ayro 2 m Iftyroll Offic ignaluro Bithall, Ina Coamaotom/S r, ct�Or by _-Lr 5iili.ali ---- Printed Nuce Title --22M.74--� Contrador/SubcontTactor U0069B NM 23A-62 ITUXHIBI'T 17 CER`I "IFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: PACIFIC ELECTRIC PARK Project Number; 14.7513 This is to cortify that the principals cud the authorized payroll officer, below, have read and understand the labor standards clauses portaining to the subject project. The following persou(s) is desigunted as the payroll officer for the undersigned mad is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: VCS Payroll Officer's Nana ollOfficeN•'s rguahure �Z, 7Z. %ae-,e ,dt rea? (9*, Contraotor /Sub ontm far by Signature Printedd Name Title !7 ,7-0,/ tw Date Coaatradtor /Subcontractor License No. 0q Zq P-01 1 DUNS Number FIWQCSNR015vCSW VOFORMS1h16e5�4hM9 'SeClian9Speq.dee 23A -63 EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: PACIFIC ELECTRIC PARK Project Number. 14-7513 This is to certify that the principals and the authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject project. The fallowing person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports £or this project: IDOC$V3ROMVCMUtlFORM&MBU8944AMS. EadonMpa DOC Ammida Jc-)hvlsov) ? oll Officer's Name umaln Payroll Officer's Si re Econo RYACE Inc. Can or/Subcontractor byC�f F %° Signature {'clrn ayl � a �U nsclh Printed Name Pre s 1 dent Title r2ez� Ise Date 39,)l � JL4 C- 1?) Contractor/Subcontractor License No. Io�oR a9B32S DUNS Number — _ -- 23A -64 Dec.15.2016 03:11 PM EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION i Project Name: Project'Ntunbar: PAGE. 1/ 1 This is to certify that tli.e principals and,tlie authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject project, I The following persons) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Cot'npl.iarce, whieh will accompany our weekly certified payroll reports for this project: Payroll Officer's Namo -.. yroll Of'ficer's Signature qr-N c. - q:: C c:i.L C ontraotor /Subcontractor by �\ attixe Printed Name Title Date Contractor /Subcontractor License No. bl- (41Q6 DUNS Number 23A -66 MAMMA Wuqol &?Wo MAYWOMTEM: fteaph s�aerJ6�* OOUINOILMQOEAS 110 Aii4id�a p, pavf�;8onavtdas mithow ROMP! %hq 61 tfholoro . DO FA!"IMMIN MY OF SANTA, ANA PMUld WORKS AGEN& MoN PAIS&I0,88 Vanta Ana, oaii(orr4 Onoz. 8,1113AS07" PROJECT .NO,14-75,.130a-olflogloctrlc.Park 0TY MANAOZ� 1 mvtd, Cavazos OrrYATOP&V 0,010''R' ftValho CLERK Or THE COUNCIL I K4440. Mu14or , , The following Q)naQgos have laepn, madq to- the plans and spoItcations of 0 t In, 4qbjojqt fiogIM-lomms, I. PtgOVt,"NOTI�F- INVITING BIDSOIAReV!tefiVst-.P,e "rags 'ht read6sfollows: "NOTICE /S! HEREBY GIVEN that the City of Santa .M6 will roo.61v6 Bids dej oe before the .howl" of 2,06.460 Pm" 6#'dembiW 14, Ald by fiv Pubfic W6tks Agbn.dy po' aoptjoalst�' Th-tid Flow (644 attochad.&YOP),I locatit'dotdity Hall - Pots Annox;.,Po Qtvi� Center Raw,, M-22,-$onta Am,, California; 0,2701 for., All Oherfqrmo end mndiflons-romain ftio some:. Edwin VIIII-orn"'GaJV� Clti� ln-- r Public oeWAgonoy- 23A-67 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudla C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Mlohele Martinez Vinsent F. Sarmiento Sal Theism December 6, 2016 ADDENDUM No. TWO CITY OF SANTA ANA PUBLIC WORKS AGENCY VIA -36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 14 -7513: Pacific Electric Park INTERIM CITY MANAGER Paul M. Walters CITY ATTORNEY Sonia Carvell CLERK OF THE COUNCIL Marla D. Hulzar The following changes have been made to the plans and specifications of the subject project: Plans 1. Sheet L -1.02, Construction Note "J ": Revise first sentence of note °J" to read as follows: "Furnish and install rock climber by Landscape Structures; Inc., Design 4, Model #168367, available through Coast Recreation." 2. Sheet L -2.08, Raised Garden Bed Detail B: Add note "F" as follows: `All redwood shall be construction heart, with smooth - planed finish" 3. Replace sheet D -6 (sheet 27 of 71) 4. Replace sheet E -1.01 (sheet 59 of 71). Specifications 1. Sheets P -7 through P -10: Replace sheets P -7 through P -10 with the new sheets P -7 through P -10 #P-24), attached. 2. Page 13, Section 7 -8.6.2 Best Management Practices (BMPs): delete this section. 3. Page 26, Section 3.04 TRAFFIC CONTROL PLAN PREPARATION AND SUBMITTAL: delete this section. 4. Appendix A, Definition of Bid Items: Replace sheets 1 through 8 with new sheets 1. through 8, attached. 5. Appendix G: Replace Appendix G with the new Appendix G, attached. 23A -68 December 6, 2016 ADDENDUM No. TWO PROJECT No, 14 -7513 Page 2 All other terms and conditions remain the same, FOR THE CITY.61F SANTA ANA Edwin "William" GalVE City Engineer Public Works Agency 23A -69 becember 12, 2016 P101921.014M X11"`!` OP SAN ANA. nfa PU RLIC WORKS AGENCY -MM g nOG a tw wo Nvoma MUM. 114 RK'00 Tl4ft--dOUWOIL 'Moolalp'. oufzac -- 409e� #tdri uNaTICE 1S%HE1REBY GJVE-N that ft 01, , of Saht&Afib Will rdolVe &Ida an of WOO Third: Rogr (soo, V-doohoo, M—aA. lootoo(pt, AMY Moll - Roso 'Amm) 2, , 0 QvIo ZOnkw P/42% M4. Cal 027of fdo -'! Oldllnmn% ld tiem NO, 0— Nlnt, revltv, 00*0(ph, to M-odto Aft.6thaforms andoonllflOno rwolfo IM ame, Ofty'Enqonoor. POO WqrkOgena. 23A-70 MAYOR Miguel A. Pulldc MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benevides Michele Martinez Roman Reyna Sal Tinajero December 15, 2016 ADDENDUM No, FOUR CITY OF SANTA ANA 20 Civic Center Plaza s P.O. Box 1988 Santa Ana, California 92702 www.santa- ana.oro SUBJECT: PROJECT No. 14 -7518: Pacific Electric Park CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar . The following changes have been made to the plans and specifications of the subject project: Plans 1. Replace sheet E -5,01 (sheet 66 of 71) with new attached sheet E -5.01. 2. Replace sheet E -6.01 (sheet 71 of 71) with new attached sheet E -6.01. 9. Sheet E -5.01 LIGHTING FIXTURE SCHEDULE, TYPE P1, MANUFACTURER AND MODEL NUMBER: Delete existing light pole specification and replace with new light pole specification as follows: Stresscrete #SCL- KD135- G- E80- FBP -C/VV 140 - 25130- ATHH -JES, or approved equal. 4. Sheet E -5,01 LIGHTING FIXTURE SCHEDULE, TYPE P2, MANUFACTURER AND MODEL NUMBER: Delete existing light pole specification and replace with new light pole specification as follows: Stresscrete #SCL-P1 10-APR-G-E80-A THH-JES, or approved equal. Specifications 1. Appendix A, Definition of Bid Items, Bid Item No. 9 — Electrical Service — Pole to Point of Connection (POC): revise paragraph to read as follows: Payment for Electrical Service — Pole to Point of Connection (POC) shall be at the contract lump sum bid listed in the Bid Proposal, and shall include full compensation for doing all work, including provision of wire, conduit, coordination to bring in new electrical service from service pole ( "Pole ") to new electrical panel (POC), furnishing all materials, labor, equipment, tools, and incidentals as required 23A -71 December 15, 2018 ADDENDUM No. FOUR PROJECT No, 1,4.7513 Page 2 compensation w/ll be allowed therefore. City of Santa Ana shall pay all SCE related costs directly to SCE. 2. Appendix G, Exhibit 17: Replace Exhibit 17 with the new Exhibit 17, attached, 3. Appendix G: Include CA Department of Labor Current Davis -Bacon Wage Decision for CA35 as part of the Append €x. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Edwin "William" Galvez C €ty Engineer Public Works Agency 23A -72 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 14 -7513 PACIFIC ELECTRIC PARK This CONSTRUCTION CONTRACT is made and entered into this 21st day of March, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "), and Lehman Construction, Inc. (hereinafter "CONTRACTOR "). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Pacific Electric Park Project (hereinafter referred to as the "WORK OF IMPROVEMENT ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORI{ OF IMPROVEMENT the sun total amount not to exceed One Million. Nine Hundred Ninety -Eight Thousand Six Hundred Fifty Dollars and No Cents ($1,998,650.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev, 12/20/2016 43 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20 %) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10 %) of the final contract price. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A -74 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: A { i� JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR: Lehman Construction, Inc. MARK LEHMAN President 23A -75 Page 3 of 3 23A -76 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 14 -7513: PACIFIC ELECTRIC PARK Construction Contract $ 1,998,650.00 Contract Administration $ 87,783.00 Inspection and Testing $ 115,822.00 Contingencies $ 214,436.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,416,691.00 EXHIBIT 4 23A -77 23A -78 REQUEST FOR COUNCIL ACTION DikV&Si111IRMIaJ! 14:1l1111Z" 07_v1114 MARCH 21, 2017 TITLE: AMEND AGREEMENT WITH ACIRE, INC., FOR MAINTENANCE AND SUPPORT OF THE SECURE BIKE PARKING FACILITIES (PROJECT NO. 14 -6853) {STRATEGIC PLAN NO. 6, 1G} A ' . - .W CITY MANAGER M44c1:cl06191m ll]tgfm*Q rw MOWN RE ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 amendment with Acire, Inc., to extend the period of maintenance and support of the secure bicycle parking facilities in Santa Ana for an additional one -year term beginning April 8, 2017, through April 7, 2018 and include additional compensation of $31,700 for maintenance and support services during the extended period beginning April 8, 2017, through April 7, 2018, and an additional $31,700 maintenance and support services performed during the period beginning April 7, 2016 through April 7, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 3, 2013, City Council approved an Agreement with Acire, Inc., for the design, installation, maintenance, and support for the secure bicycle parking facilities (Bike Huts) (Exhibit 1). The Bike Hut project was funded through the Federal Transportation Enhancement Program and provided 4 facilities for commuters to securely lock up and safely access their bicycles in the Civic Center and Downtown areas (Exhibit 2). The Agreement also authorized up to five one - year renewal periods for maintenance and support. Design and installation of the Bike Huts was completed on April 7, 2015, at which time a one -year period for maintenance and support began. Maintenance and support of the Bike Huts includes, but is not limited to, maintaining and servicing the equipment and structure of the Bike Huts, keeping the Bike Huts free of vandalism, ensuring access for users is maintained, assessing and maintaining solar and wireless connections essential to the operation of the Bike Huts, maintaining the reservation software and user database, collecting reservation fees, and customer support. The Bike Huts currently have 93 registered users and have generated just over $3000 in membership revenue. Revenue generated is currently used to cover damage to the Bike Huts such as shattered windows. The Bike Huts are currently accessed an average of 227 times per month with the Bike Hut located at the Santa Ana Regional Transportation Center 25A -1 Amend Contract with Acire, Inc., for Bike Hut Maintenance and Support March 21, 2017 Page 2 accounting for half of all access. The first one -year renewal for maintenance and support was exercised by letter dated March 7, 2016, and went into effect April 7, 2016. While the term of the existing agreement provided for up to five successive one -year maintenance and support periods for the Bike Huts, the agreement compensation amount did not include the on -going costs associated with the additional maintenance and support periods. The requested Council action will renew the maintenance and support for the second one -year period and authorize an additional $31,700 for these services to be performed during the extended period of maintenance and support (beginning April 8, 2017 through April 7, 2018) and $31,700 for services performed during the current period (beginning April 7, 2016 through April 7, 2017) (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 — Community Facilities and Infrastructure, Objective #1 — Establish and Maintain a Community Investment Plan for All City, Strategy #G — Develop and Implement the City's Capital Improvement Program in Coordination with Community Investment Plans (e.g. Bicycle Master Plan). FISCAL IMPACT Funds for the current Fiscal Year are budgeted and available for expenditure in the Measure M Street Construction fund (Account No. 03217662- 66220, Project No. 14- 6853). Funds for the subsequent Fiscal Year will be allocated as part of the FY 2017 -18 Capital Improvement Program. Fteq*Mousavipour Exe utive Director Public Works Agency FISCAL YEAR AMOUNT 2016 -2017 $39,625 2017 -2018 TOTAL: _ _$2_3,775 $63,400 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with Acire, Inc., for Secure Bike Shelter Project (A- 2013 -087) 2. Location Map & Photo 3. First Amendment to Services Agreement with Acire, Inc. 25A -2 INSURANCE ON FILE WORK MAY PROCEED A -2013 -087 UNTIL INSURANCE EXPIRES CLERK 0~ UrNCIL DATE: la - 7 SERVICES AGREEMENT SECURE BIKE SHELTER PROJECT THIS AGREEMENT, made and entered into this P day of June, 2013, by and between Acire, Inc. (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). L- RECITALS i 1. The City desires to retain a Contractor having special skill and knowledge in the field of providing secure bike parking systems. 2. Contractor represents that it is able and willing to provide such services to the City. b3 3. In undertaking the performance of this Contract, Contractor represents that it is - knowledgeable in its field and that any services performed by Contractor under .t this Contract will be performed in compliance with such standards. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide all services required to design, procure, install, maintain and manage secure bike parking facilities (hereinafter "Scope of Work "), as detailed in Contractor's Proposal dated May 1, 2013, and in compliance with all terms and conditions set forth in City's Request for Proposals (RFP) 13 -019, attached hereto as Exhibit A, and Exhibit B, respectively, and incorporated by this reference. The Parties agree that the initial installation will include one twelve bike facility, one twenty -four bike facility, and two public bike maintenance stands. Within six months the parties will agree on the site for the third system, at which time the installation schedule will be approved. Contractor shall provide a Standard site license for the BikeConnect Reservation and Management platform. Contractor shall provide video surveillance, with a 30 -day data retention period, at no additional charge to City. Contractor shall implement and manage the BikeConnect System, and shall collect reservation /subscription fees at the rates set by City for use of the City facilities. It shall be Contractor's responsibility to provide the specific services set forth in the Scope of Work. Nothing in the Contract Documents shall be construed to limit the Contractor's responsibility to manage the details and execution of its Work, it being understood that the City is relying on Contractor's experience with designing, conducting, managing and operating similar projects in other cities. The Contractor will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the completion of the project described herein. Exhibit 1 25A -3 II. CONTRACT DOCUMENTS This Contract consists of this Agreement and Exhibits, the BikeConnect Product License, attached as Attachment 1, and the Warranty, attached as Attachment 2. III. INTELLECTUAL PROPERTY The City requires the following regarding copyrighting and patent pending on work products pertaining to this Contract: a. Copyright, All work products of the Contractor which result from this Contract are the exclusive property of the City. If this Contract results in a copyright, the City of Santa Ana reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for governmental purposes, the work or the copyright to any work developed under this Contract and any rights of copyright to which the Contractor or its sub - vendor, purchases ownership with grant support. At termination of contract, all necessary software and firmware licenses shall be made available to the City with applicable fees. b. Patent: If this Contract results in the production of patentable items, patent rights, processes, or inventions, the Contractor or any of its sub - vendors shall immediately notify the City. The City will provide the Contractor with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines. c. Contractor is responsible for providing City with any known intellectual property held by Contractor and being purchased under license agreement by City. IV. TERM The term of this contract shall commence on the date of award by City Council. The design and installation contract shall be complete upon the City's delivery to Contractor of written acceptance of the secure bike facilities, at which time the warranty period shall commence. The one -year maintenance and support period shall commence on City's delivery of written acceptance of the facilities, and may be renewed for up to five successive one -year periods. V. COMPENSATION f. City agrees to pay and contractor agrees to accept as total payment for its services the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. A ten percent (10 %) contingency is available, at the direction of the Executive Director of the Public Works Agency, for unanticipated costs related to the procurement and installation of the bike parking facilities. The total amount City shall pay for all services related to the design, procurement and installation of the facilities, shall not exceed $220,884.00, during the term of this Agreement. 25A -4 2. Invoices a. The contractor shall submit monthly invoices, by the tenth day of the month, to the City for the milestones completed during the preceding month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address/location (if applicable) V. Tasks completed 3. Payment by City shall be made within thirty (30) 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 set forth above. 4. Contractor shall quarterly remit to City by the 151h day of March, June, September and December, fees paid by subscribers for BikeConnect subscriptions /reservations during the prior quarter. Said remittance shall be accompanied by a report setting forth the subscription fee, length of subscription term and reservations by nonsubscribers. 5. Adjustments to Charges. The parties may agree to an annual CPI adjustment for the maintenance and support charges, not to exceed 5 %, at the renewal of the term, utilizing the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. VI. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 contractor performs the services required by this contract. 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. VII. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain 25A -5 commercial general liability insurance which shall Include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of 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 nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor 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 contract 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. 5. 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 contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25A -6 VIII. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs 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 contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. IX. 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, 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 —Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) Santa Ana, CA 92701 Fax 714 - 647 -5635 To Contractor: Acire, Inc. Derek Fretheim 211 Simplicity Irvine, CA 92620 25A -7 Fax 949 -275 -6365 X. TERMINATION The City reserves the right to terminate the contract as follows; 1. In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service as a result of Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated by the City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. XI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. XII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract 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. Contractor warrants that the performance of services under this contract shall be compliant with the current codes and requirements as adopted by Federal, State, County and City jurisdictions and as it may be amended or updated throughout the term of this contract. XIV. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, 25A -8 transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. XV. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. XVI. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. XVI. PERMITS AND 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. Required City Building Permits shall be at no fee to Contractor. 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. xvll. PROGRAM FRAUD AND FALSE AND FRAUDULENT STATEMENTS AND RELATED ACTS. A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement of the FTA assisted project for which this Agreement's work is being performed. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. B. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under an agreement connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the 25A -9 authority of 49 U.S.G. §5307 at seq., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the Contractor, to the extent the Federal Government deems appropriate. xvlll. CIVIL RIGHTS ASSURANCE During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agree as follows: A. Compliance with Regulations: Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with nondiscrimination provisions of this Agreement, the City shall impose Agreement sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Agreement until the Contractor complies; and)or 2. Cancellation, termination, or suspension of the Agreement, -in whole or in part. F. Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d at seq. and DOT regulations, "Nondiscrimination in Federally Assisted Programs of the 25A -10 Department of- Transportation— Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702. 1, "Title VI and Title VI- Dependent Guidelines for FTA Recipients," 05- 13 -07, provides FTA guidance and instructions for implementing DOT's Title VI regulations. G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 at seq„ prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. XVI. ACCESS TO RECORDS AND REPORTS Contractor shall provide City, the Orange County Transportation Authority (OCTA), the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of City, such access to Contractor's accounting books, records, payroll documents and facilities of the Contractor which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Contractor shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Contractor's performance hereunder and for a period of four (4) years from the date of final payment by City. City's right to audit books and records directly related to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. Contractor shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. XVIL FEDERAL FUNDING REQUIREMENTS a. CLEAN WATER REQUIREMENTS. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. Contractor shall report each violation to City and understands and agrees that the City will in turn, report each violation as required to assure notification to FTA and appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. b. CLEAN AIR. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 at seq. Contractor shall report each violation to City, which will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Contractor agrees to include this requirement in all of its subcontracts. c. BUY AMERICA. 1. CONTRACTOR is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing 25A -11 processes for steel and iron materials furnished for incorporation into the work on this Project shall occur in the United States; with the exception that pig iron and processed, pellitized and reduced iron ore manufactured outside of the United States may be used in domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. 2. A Certificate of Compliance, conforming to the provisions of this Article shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions listed herein. 3. The requirements imposed by law and regulations do not prevent a minimal use of foreign steel and iron materials of the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. Contractor shall furnish the City acceptable documentation of the quantity and value of the foreign steel and Iron prior to incorporating the materials in the work. RECYCLED PRODUCTS. Contractor shall comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in subpart B of 40 CFR Part 247. Contractor agrees to include this requirement in all of its subcontracts. PRIVACY ACT. Contractor shall comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552x. Among other things, Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Agreement. FLY AMERICA REQUIREMENTS. Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and sub - recipient of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government- financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or 25A -12 memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN VESSEL. 1. Contractor shall utilize privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. Contractor shall furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipping originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of lading in English for each shipment of cargo described in paragraph 1 of this Article to City and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, marked with appropriate identification of the project. h. INCORPORATION OF FTA TERMS. All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.1 F, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the FTA terms and conditions. xvlu. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 25A -13 ATTEST: MARIA D. HUIZAR� Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney i By: — ,�y�._--, �S r Laura Sheedy Assistant City Attorney RECOMWMQED FOR APPROVAL: % iQ6i)L Eib�� �12;� Raul Go i e ll, P.E. Executive Director Public Works Agency 25A -14 r1 VJIUOI I �Jfr , BikeConnect Product License The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DMF Holdings, providing exclusive license rights to Acire, Inc. /BikeConnect, owns the title, copyright and other intellectual property rights in The Product. The Product is licensed, not sold. DEFINITIONS. a. `Application Programming Interface" or "API" means a publicly accessible interface defining the ways by which an application program may request services from libraries and /or software. b. "Software as a Service" or "SaaS" means a model of software deployment whereby a provider licenses an application to customers for use as a service an demand. c. "Derived Works" means works based upon or using the Product. d. "License" means use of the Product. e. "Subscription " means access to Software Updates. 2. GRANT OF LICENSE. DMF Holdings grants you the rights described in this EULA provided thatyou comply with all the terms and conditions of this EULA: a. General Software License Grant. DMF Holdings grants use of the Product according to one of the license types below as identified in the Product title. i. Reseller License. A Reseller license licenses the ability to resell the SaaS as a complimentary service or program to licensee's clients and customers. This form of license provides the reseller with discounted site license pricing. Resellers be provided with pricing schema defined in BikeConnect's pricing progam. This form of license is offered through the ASP or Enterprise program. L Site License. A Site license is based on a single site or program where one URL is being utilized. By example, a City or University with is considered one "site" but may possess multiple BikeConnect bike parking systems. This form of license is only offered as an ASP program. b. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed externally, c. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of The Software. d, Reservation of Rights. DMF Holdings reserves all rights not expressly granted herein. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Derived Works and Redistribution 13 25A -15 i. The Product may not be distributed in any form that allows it to be reused by any application other than your derived work. 1. The Product may not be included as part of a SDK. 2. The Product may not be used to develop Derived Works that offer similar functionality as the Product, or expose features of the Product through an API for use by an unlicensed third party. ii. The Product may not be used to develop Derived Works that offer similar functionality as the Product for any development platform, including but not limited to; NET Java, SQL Reporting Services, JasperReports, SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services ( "AWS ") or Google App Engine. ill. For a period of three (3) years from the date of purchase, you agree not to create software, independent of the Product, which might directly compete with DMF Holdings products. iv. DMF Holdings is not obligated to provide support for works derived from the Product. V. Distribution of the Source Code in any form, with or without modifications, is strictly prohibited. vi. Works derived from the Product may not be called "BikeConnect ", nor may "BikeConnect" appear in their name, without prior written permission from DMF Holdings. vii. The name "BikeConnect" must rot be used to endorse or promote products derived from the Product without prior written permission. For written permission, please contact dfretheim @acireinc.com. b. Rental. You may not rent, lease, or lend the Product without express written permission from DMF Holdings, c. Termination. Without prejudice to any other rights, DMF Holdings may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product, including but not limited to the Source Code, backups and all of its component parts and Derived Works. d. Survival. Unless this Agreement expressly provides otherwise or by its nature a provision cannot survive this agreement, the provisions of this Agreement shall survive the expiration or any termination of this Agreement. e. Consideration. For the rights and license granted in this EULA, including both the General Software License and the General Source Code License, you will pay DMF Holdings the currently published price available at DMF Holdings.com or another mutually agreed upon amount to appear on a valid invoice. f. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in Section 3(c). g. Consent to Use of Data. You agree that DMF Holdings and its affiliates may collect and use technical information, excluding any Confidential 2 25A -16 f'tt t s; Information, gathered as part of the Product support services provided to you, if any, related to the Product. DMF Holdings may use this information solely to improve our products or to provide customized services or technologies to you. DMF Holdings may disclose this information, excluding any Information explicitly declared as Confidential Information, to others but not in a form that personally identifies you. 4, SOFTWARE MAINTENANCE, UPDATES AND DISCONTINUATION. a. A Subscription entitles the purchaser to updates of the Product for a period of one (1) year (865 days) following the purchase of the Product. b. DMF Holdings may, in its sole discretion, provide technical support, updates and /or supplements of the Software and /or related information ( "Updates ") to you hereunder, in which case such Updates shall also be deemed to be included in the Product and therefore governed by this EULA, unless other terms of use are provided by DMF Holdings with such Updates. 5, SOFTWARE DELIVERY. Unless purchased at an Enterprise level, the Product and any associated materials are provided in electronic format only via the ASP hosted plan, The delivery of product will be retained through a URL such as, www.blkeconnwj ct.r/YQURNAMEor some other agreeable naming convention. 6. UPGRADES. Upgrades of the software will be completed from time to time. Any associated standard upgrades will be provided to User and integrated as User deems appropriate. Module or cost module upgrades, unless part of this EULA, will be offered to User on a case per case basis. User has the option to purchase or refuse these upgrade modules at their discretion. 7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Product and any copies of the Product that you are expressly permitted to make herein) are owned by DMF Holdings or its affiliates. All title and intellectual property rights in and to the content which may be accessed through use of the Product are the property of the respective content owner and may be p rotected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content, All title and intellectual property rights in and to your modifications to the Product, are owned by you provided that such modifications are made available to DMF Holdings free of charge and royalty -free for inclusion in later releases of the Product. All rights not expressly granted are reserved by DMF Holdings, 8. NONDISCLOSE AND NONCOMPETITION. a. Both parties recognize that the other party may obtain proprietary and /or confidential information ( "Confidential Information ") in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its responsible employees and professional advisors with a bona fide need to C 25A -17 won'., know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the receiving party promptly notifies the disclosing party thereof and cooperates with any efforts by the disclosing party, at the disclosing party's expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment. 9, LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of DMF Holdings, and DMF Holdings is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. DMF Holdings is not responsible for webcasting, XML feeds, or any other form of transmission received from any third party sites. DMF Holdings is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by DMF Holdings of the third party site. 10. LIMITED WARRANTY AND DISCLAIMER. a. DMF Holdings warrants that, the BlkeConnect system is in good functional and operating condition and that hosting is provided within a Tier One data center controlled by GoDaddy. Hosting has been consistent with operations at 100% uptime since inception of the Product. Any hosting interruption or server maintenance may occur from time to time. Back up provisions for collocating has been created and should the primary URL be made inaccessible due to equipment or communications failure, the collocating site will be activated. This excludes any conditions caused by ACTS of God or War. b. DMF HOLDINGS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DMF HOLDINGS DOES NOT WARRANT THAT THE PRODUCT IS ERROR -FREE OR WILL OPERATE WITHOUT INTERRUPTION. c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. d. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DMF HOLDINGS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN, 11. LIMITATION OF LIABILITY. a. Except with regard to: (i) breach of confidentiality obligations; and (ii) any costs associated with the defense, chosen by DMF Holdings, and settlement, to the infringed upon party, of an intellectual property right claim. M" +, - 4 25A -18 . All .i 1, b. NEITHER DMF HOLDINGS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AN D BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DMF HOLDINGS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. c. DMF HOLDINGS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE. d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. 12. INDEMNITY. You agree to hold DMF Holdings harmless against, and at your expense handle and defend, any claim and defend any third party suit brought against you based upon an allegation that any software developed by you and included in Derived Works produced using the Product constitutes an infringement of any international patent, or any copyright or other proprietary or intellectual property right, You shall pay all damages and costs awarded in such suit. DMF Holdings will indemnify, defend and hold you, and/or your and/or its affiliated and /or subsidiary companies harmless against any claims, legal actions, losses and other expenses arising out of or in connection with any claims that the Product and /or related documentation infringes or violates any intellectual property right of any third party ( "Claim "}, on the condition that you notify DMF Holdings promptly of the Claim and give DMF Holdings sole control of the defense and negotiations for its settlement or compromise. If you become, or may become, prohibited from continued use of the Software and /or the Product by reason of an actual or anticipated Claim, DMF Holdings will use its reasonable efforts to a. obtain for you the right to use the Software and /or the Product, or b, replace or modify such Software and /or the Product so that it is no longer subject to a Claim, but performs the same functions in an equivalent manner. c. In the event that DMF Holdings determines, in its sole discretion, that ro neither (a) nor (b) is commercially reasonable, DMF Holdings shall refund 25A -19 ;t , the residual value of the license fees paid by you for the infringing Product or Software, depreciated using a straight line method of depreciation over a forty -eight month period from the date of delivery of the Product to you. 13. TAXES. The license fees and any other amounts payable pursuant to the terms and conditions herein are exclusive of all national, state, regional, local municipal or other taxes and fees including, but not limited to, excise, sales, use, property, ad valorem, intangibles, goods and services and value added taxes, customers duties and registration fees, now in force or enacted in the future, and all such taxes and fees, except taxes based on DMF Holdings's net worth, capital or net income, shall be paid directly by you, or if paid by DMF Holdings, you will reimburse DMF Holdings. 14. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar. 15.SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not effect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof. 16. GOVERNING LAW. This Agreement is made in the State of California USA, and shall be governed in accordance with the laws of California. Any lawsuit filed regarding this Agreement shall be filed in California, The parties further agree that the laws of California shall apply in such a lawsuit. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 17.FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement. 18.CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not inte nded to be inclusive, definitive, or to affect the meaning or scope of this Agreement. 19. UPDATES. DMF Holdings may make updates and changes to this license agreement from time to time. Such changes will be provides to User by e -mail. 20. ENTIRE AGREEMENT. This EULA is the entire agreement between you and DMF Holdings relating to the Product and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any DMF Holdings Oc "'.... 25A -20 UC All f t WNW i policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 25A -21 0 WARRANTY: LIMITATION OF LIABILITY Acire Inc. warrants BikeConnect products and materials manufactured by Acire, Inc. when properly assembled and installed, to be free from defects in materials and workmanship, when under normal use and service, for a period of three (3) years. If any products or materials manufactured by Acire Inc. are found to be defective upon inspection after shipment to Acire at sender's cost, Acire will repair or replace, at its sole option, the defective products or materials, subject to the following conditions: A. Acire, Inc. is notified in writing within the applicable warranty period of any product or material defect; B. The product or material is returned to Acire Inc. at sender's expense; C. The product or material has not been misused, abused or improperly maintained by the user; D. The product or material has not been repaired or altered except by written authorization of Acire, Inc.; and E. The defect is not attributable to normal wear and tear. The limited warranty herein described constitutes the entire obligation of Acire, Inc., and the maximum liability of Acire, Inc. is limited to the purchase price of each defective product or material. No other warranties, whether express, implied or statutory, including warranties of fitness for a particular purpose or merchantability, are given and all such warranties are hereby expressly disclaimed. In no event shall Acire, Inc, be liable for any consequential, indirect, incidental or special damages of any nature whatsoever arising from the sale or use of its products or materials. Acire, Inc. shall have no further liability or obligation whatsoever to any distributor or any other person or entity with respect to Acire, Inc, products or materials other than the obligations expressly set forth above. COVERAGE PERIODS AND PROVISION - 36 MONTHS LABOR CONSIDERATION If Acire, in its sole discretion, determines that an authorized Acire, Inc. distributor or repair facility shall perform the warranty work, Acire, Inc. will pay a specified labor amount for repair or replacement as determined and approved by Acire, Inc. service department before any such work has started, and in accordance with the coverage periods. STARTING DATE The STARTING DATE shall be determined as that date which can be verified to Acire, Inc.'s satisfaction as the product installation date, or, if not verified, then the date on which the product was shipped by Acire, Inc. to the original purchaser. 25A -22 ADDITIONAL RESPONSIBILITIES OF ACIRE, INC. Acire, Inc. will provide, or make available from its factory, such information or instruction as is needed to install, service, operate, and maintain its products. Acire, Inc. will provide the replacement parts or materials, freight prepaid, and reimburse distributor for freight charges on returned components, which are warranted. Acire, Inc. will make every attempt to respond to warranty claims within sixty (60) days after the receipt of written request as stated in the WARRANTY: LIMITATION OF LIABILITY reference A. PRODUCT INSTALLER RESPONSIBILITIES Installer is responsible for installing the product in accordance with Acire, Inc. specifications and installation instructions. Installer is responsible for keeping such records as are necessary to locate the product and determine its installation date. PRODUCT OWNER RESPONSIBILITIES Owner is responsible for communication expenses, meals, lodging, and incidental costs incurred by the owner or employees of the owner as a result of warrantable failure. Owner must give notice of a warranted failure and deliver the product to a Acire, Inc. Authorized Distributor or to Acire's service department in Irvine, CA. ADDITIONAL WARRANTY LIMITATION Acire, Inc. is not responsible for products, which have failed as a result of owner or operator abuse or neglect, such as lack of maintenance, product alteration, overload, accident, or other causes beyond its control. Acire, Inc. does not warrant the product when it is used with accessories not approved by Acire, Inc. or when other than genuine Acire, Inc. replacement parts have been installed on the product. Acire, Inc. does not warrant accessories supplied by Acire which bear the name of another company, beyond the warranty provided by that company. Acire, Inc. does not warrant the paint finish if documentation cannot be provided as to the cleaning frequency of the product painted and the product has not been cleaned with a cleaner approved by Acire, Inc. or if the product has been damaged due to etching, graffiti or other vandalism. Acire, Inc. shall not be responsible for expenses due to owner's requirements, inspections, or modification of components, or other handling requirements. Acire, Inc. shall not be responsible for parts returned without prior authorization or without 25A -23 chic a ; r; proper identification, including claimant's name and Acire, Inc. claim number. 25A -24 Introduction Acire Is pleased to present its qualifications, experience and secure bike parking products for the City of Santa Ana's consideration. Acire has partnered with Tolar Manufacturing for this opportunity. Aclre's response includes solutions for 12 and 24 secure bike parking facilities, summary of pricing in an a -la- cart fashion, implementation plan with schedule and deliverables and summary of BlkeConnect's software and services. Qualifications and Related Experience Ache's project team has a deep history in providing products and servicesto cities, regional planning organizations, transportation management associations and others who are charged with promoting sustainable transportation and alternatives to driving alone. In addition, Acire's project team consists of leaders who have demonstrated to deliver real and quantifiable transportation services. Acire provides products, strategies, tools and solutions that empower organizations and businesses operating in the public and non- profit sectors to operate more efficiently, communicate more effectively, and connect with their communities. We develop community -based transportation programs and services ranging from bike parking, bike sharing, car share, vanpool and other services. Acire pioneered the development of Mobility Hubs. A Mobility Hub provides first /last mile solutions for transit centers and stations. Acire partners with clients — we help organizations manage the process of Integrating processes and leveraging their assets to realize the full potential of their organization's mission. Through our three primary service lines, we service, supply and support organizations ranging from government agencies to educational institutions, civic organizations and private industry doing business In the public sector. Acire's core services Include: • Community -based transportation services • Technology solutions and communication services to support transportation initiatives • strategic and project management consulting In 2010, Acire was approached by the Los Angeles Metropolitan Transportation Authority to design a more cost effective solution to bike lockers. Acire conceived a modular system that would fit within a standard parking stall. In searching for manufacturing partners, Acire found Tolar Manufacturing, a transit shelter and street furniture manufacturer, Within a few months, a manufacturing partnership was developed. Tolar Manufacturing has been providing communities across America best-in-class bus shelters, street furniture and display structures. Tolar transit shelters and street furniture deliver the style, value and durability needed for public environments. Tolar Manufacturing has a creative design process, provide rigorous materials specifications and world -class manufacturing standards. Acire and Tolar developed a series of bike parking systems it co- markets under the BikeConnect brand. THE DESIGN PROCESS: Beautiful designs add to the aesthetics of the community and significantly enhance the streetscape. But style must be backed by substance, and Tolar in -house engineering department, using the latest design and fabrication software, Is supplemented by engineers on retainer adze, inn 25A -25 who are licensed In all 50 States, Territories and many Canadian Provinces using the latest design software. That assures that every bike parking structure is in compliance with local building codes. MATERIAL SPECIFICATIONS: The metals used In crafting our bike shelters, kiosks and other structures are specifically sourced for optimal strength during cutting, bending, drilling and welding. We invest in quality, because we know it takes the best to make the best, MANUFACTURING STANDARDS: Our products are fabricated in southern California by a team of experienced craftsmen to best -in- category levels of durability and structural Integrity. Our powder coating process withstands high- pressure cleaning, graffiti removal solvents and the long-term impact of salt, sun and climate extremes. CUSTOM CAPABILITY: For structures installed in public spaces, style matters. Don't settle for generic designs —not when you can opt for a look that's unique to your project, your constituency and your community. With our state of the art engineering software, wide - ranging choices, your shelters and outdoor structures can deliver sizzle and substance. SUSTAINABILITY: Encouraging sustainability is now a critical business mandate and attractive bike parking facilities and shelters encourage mass transit utilization, an environmental positive. We offer shelters and benches made with recycled materials, a powder -coat process that produces no VOCs (volatile organic compounds) and LED lighting options powered by low -draw 110 -volt or solar. Acire Organization Acire, Inc is a privately held California C- Corporation established in 2007. Ache's origins stem from a culmination of needs communicated from Municipal - oriented governments who desired focused energy with technology and transportation- related projects. Mr. Derek Fretheim is the company founder and organized the company utilizing his combined years of transportation management, technology, non- profit and community - relations experience. Acire's principle offices are located in Orange County, California BlkeConnect BlkeConnect origins stem from a culmination of needs communicated from municipal- oriented governments and college campuses that are grappling with ways to manage secure bike parking facilities, consolidate their bicycle programs and manage their bike assets. BlkeConnect does this and more. BlkeConnect is it centralized secure bike parking management and administration system that takes the headache out of bike program management and reporting. Whether an organization Is managing a network of secure parking systems or needs to collect data on subscriber's access habits, BlkeConnect software and services helps manage secure bike parking networks and provide tools that help cities promote, administer, and measure the Impacts of bike programs and initiatives. We offer modular secure parking systems supported by a web -based software platform which means our client can use it wherever they have Internet access; at work, at home, or via your mobile phone. There are no CD's to install, download of any software, or worry about perpetual upgrades, ache, inc 25A -26 BikeConnect Objective Provide a robust set of bike parking facilities, software, services and related products that support networked bike facilities and operations which result In greater mobility options and greater efficiency In reporting carbon and other emission reductions. Acire's Partial Government and Non Profit Transportation Client List Metro, Los Angeles SCAG Norwalk Transit Santa Barbara MTD San Jose Department of Transportation LBA2TRA Burbank City Centre TMA VTA Santa Clara County City of Glendale City of Torrance Mineta San lose International Airport City of Costa Mesa Long Beach Airport Long Beach Energy Long Beach Police Department Long Beach City Auditor LA County Supervisor Don Knabe OCTA SCAQMD Metro New York, Long Island Bus Foothill Transit Caltrans West Hollywood TMO Torrance Transit City of West Hollywood City of Compton City of Long Beach City of West Covina Long Beach Police Officers Association Long Beach Water Long Beach Fire Department Long Beach Parks and Recreation Long Beach Youth Services Network Los Angeles County Office of Small Business Tolar Manufacturing has provided bike centers, transit shelters, outdoor furniture and other related products to over 500 cities, transit and other municipal agencies, including the City of Santa Ana. References for both companies are provided in the exhibits. afire, inc 25A -27 The Acire — BikeConnect Team Mr. Derek Fretheim will serve as principal -in- charge and project manager for this project. Below is the organizational chart forAcire's Team. Derek Prethelm Principal-in-charge; Project Manager Tolar Manufacturing Patrick Merrick VP; Principal -in- charge Veronica Williams Kerry Berlin Ell Maze Technology Lead I I I Tolar, Project Manager Engineering, Lead construction services To be bid Acire, inc Engineering Review Tolar 25A -28 Gabriel Guzman Production, Lead installation Services Tolar Acire — B1keConnect Team Derek M. Fretheim, President Mr. Fretheim has been providing technology solutions and business processes to the transportation industry since 1990. He has the unique ability to comprehend complex business needs and develop technology solutions to resolve business processes. In doing so, he has pioneered a number of firsts in both the self service kiosk and transportation Industries. In addition, Mr. Fretheim is quite versed with transportation funding and the political aspects of securing grant revenue having secured more than $115 million for a variety of transportation- related projects. Community Bike Products — Mr. Fretheim has developed a number of bike products and programs. Aside from developing BlkeConnect's product line and web -based architecture, Mr. Fretheim designed a self - service bike share system for Bike Nation. This work Includes designing Bike Nation's kiosk, bike dock, web site and kiosk operating system. Mr. Fretheim also developed bike programs for the City of Los Angeles, Long Beach, Pasadena, Metro, OCTA and Glendale. Self Service Kiosks — Mr. Fretheim has designed and engineered over 50 different self - service kiosks for clients such as NBC International, NIKE, Coca Cola, Kaiser Permanente, SONY, Verizon Wireless, and ATT. Mr. Fretheim has won three awards for best kiosk enclosure design from the Self - Service Industry Association. He has also developed a number of business specific klosk applications Including three different digital photo systems for SONY, AAFES and SMO. Mr. Fretheim has developed over 500 different kiosk applications. Software Experience — Mr. Fretheim has served as chief architect developing information kiosk software, Ridematching Software Programs, Commute Tracking Systems, Advanced Traveler Information Systems and Transit Wayfinding Systems, Mr. Fretheim has developed six commercially available software programs. Mr. Fretheim designed, developed and maintains a kiosk operating system purpose built for unattended self- service systems. Veronica Williams, Lead Technology Developer Ms. Williams will serve as lead technology developer for Acire on this project. Ms. Williams has a unique skill set being both a seasoned programmer and graphic artist. She is proficient with ASP, JavaScript, DHTML, HTML, VBScrIpt, Visual Basic, C++, Perl and with databases: MS SQL, MySQL, MS Access. Veronica has mastered graphic development programs such as Adobe PhotoShop, Illustrator, Flash and DreamWeaver. Veronica has worked to develop and manage interactive web applications, websites and database applications for various corporations and organizations. Ms. Williams produces all aspects of development —from the conceptual and user interface designs to development of front and back -end applications. Ms. Williams' work includes projects for global corporations, community agencies, government and transportation agencies, cities, health -care and private and public companies. Ms. Williams has developed over 150 kiosk applications and has worked with acire staff for the past ten years. Patrick Merrick, Executive Vice- President, Tolar Principal-in- charge Patrick joined Toler Manufacturing in 2001, bringing with him a diverse resume that Included four years' experience in public transportation in marketing and passenger amenities, a stintwith non - profit organizations that deal with public agencies and 15 years in retail management. As a direct report to the company president, Patrick is responsible for Tolar's sales, marketing, customer service and product acire, inc 25A -29 development functions. His primary focus is serving both clients and prospective customers by listening to their needs and communicating their visions In a clear manner across other company departments. Kerry Berlin, Manager- Displays, Technology and Sustainable Initiatives, Tolar Project Manager Kerry Berlin Joined Tolar in June of 2007 to launch the company's new Displays and Directories Division. He is an experienced professional with 20 years' experience in sales and sales management, including nine years in the advertising and manufacturing Industries related to displays and directories and three years as regional sales manager with a leading international outdoor advertising firm. Kerry is tasked with business development and product development to meet the demands of the retail and public venue markets. In addition Kerry leads the sustainable initiative team atTolar Manufacturing with responsibility for identifying reliable LED lamping, alternative power supply and recycled or recyclable materials used in the manufacturing process, Eli Meza, Engineering Manager Eli has a wealth of knowledge and experience in engineering, systems and design. An AutoCAD user since high school, he joined Team Tolar is 2007 as the lead designer and has grown his resume while responsible for the design and development of many distinctive street furniture projects. In the fall of 2012 that experience, including his unique ability to mentor and grow the engineering team, led to his promotion to engineering manager. Eli's experience, in addition to being an award winning transit shelter designer (Auto Desk IOM 2012) includes 15 years in the automotive industry in the area of aftermarket accessories. Being able to design a product and follow it through design, fabrication and installation gives me a great deal of pride. Eli leads a six- person engineering and design team, this team is responsible for product Integrity creating work orders based on customer specifications as well as research and development. The engineering team, in support of the company president, also manages the quality control process at Tolar Manufacturing. They also support the sales, operations and purchasing departments. Gabriel Guzman, Production and Inventory Control Manager Gabriel joined the Tolarteam In 2001 on the production floorand has continually progressed with the organization. With a can -do attitude and a commitment to deliveringto our customers a quality product on a timely basis, Gabriel is responsible for production planning and inventory control. He leads a team that is responsible to ensure that our craftsmen have the tools and material they need to fabricate a quality product for our customers and their respective stakeholders, ache, the 25A -30 BikeConnect Products BikeConnect products are stand alone secure bike parking facility offering sheltered and safe access for cyclists. The Bike Hut System is completely modular and manufactured from aluminum with options that include wireless communication, solar power, security lighting and video surveillance. Access to the structure is controlled via Acire's BikeConnect software service. The Bike Hut Is modular and additional four foot (4') panels can be added to Increase the Bike Hut size and bicycle parking capacity. Below are BikeConnect's Secure Bike Parking structures. Model: BC -201— Secure modular bike parking structure to support 12 bikes. rW raw NINkWAY SPACE lA" 71P. ...--- -._L�. y.. ...- FLOOR PLAN acirCf inc 25A -31 Model: BC- 202 — Secure modular bike parking structure to support 12 bikes. FRONT WEW ache, inc 25A -32 Model: BC-300— Secure modular bike parking structure to support 24 bikes. SOLAR PANEL - \. 1-7 r. FF -TTIT-F-T-1-TFTI, III Iillillllllll WTYP.- VACM F—T—T—T—T—T—T—T-7-rT 11 adre-I inc VMMCAL WOE SYSTENI M 14'WUX4$'DW ROWIR)LIAL Bw $TAW WAaGIOWRACIS) 25A-33 1240 I ADVERTISING PFID REAM PANEL (OPTIONAL) Public Bike Maintenance Stand: Model BC-D102. The Public Bike Maintenance Stand includes all the tools necessaryto perform basic repairs and maintenance, from changing a flat to adjusting brakes and gears. The tools and air pump are securely attached to the stand with stainless steel cables and tamper - resistant fasteners. Hanging the bike from the bike hanger arms allows the pedals and wheels to spin freely while making adjustments. The Stand Includes: bike vice arms to suspend and secure bike, tamper resistant bike pump, tamper resistant tools (screwdriver, fixed wrenches, alien key). kite, inc 25A -34 BikeConnect Software BikeConnect offers two platforms for managing secure bike parking systems. Both platforms are operated as a software as a service (SaaS) and include web hosting and semi- custom community based URL. Below is a summary of the Standard and Platinum platform features, Functional Descfj tg Ion tandard Platinum Subscriber Management and Database ✓ ✓ Access ConlEgi via key card ✓ ✓ Access Management control interface ✓ " Customized Community Bike Portal ✓ ✓ Secure L i D h rd ✓ ✓ Dynamic Route Planning via Google ✓ ✓ Bike Buddy Interface ✓ ✓ Administrator System ✓ ✓ Message Center ✓ ✓ Content Management System ✓ ✓ Program Reporting {standard ouedesi ✓ ✓ Reservation System ✓ Payment Gateway with SSL EBrtificate ✓ Shopping Cart ✓ Access Conj-rol API ✓ Real time XML Data fee ✓ 1,/�i ,eo Survaillance ✓ _, Access Control yja mobile phone ✓ Subscriber Management - Manage subscribers, contacts and touch points. Manage all attributes of a customer as a first -class entity, and coordinate how your customer interacts with products or services based on the customer's personal information and profile, including products, services and equipment installed. Subscriber Management functionality allows you to track any type of subscriber data and manage an efficient workflow throughout the subscription lifecycle. Some of the features and benefits of BikeConnect's subscriber management solution include: aci e, inc 25A -35 + Track all demographic data, company and individual relationships, unlimited subscriptions and subscription types, job functions and infinite linking of subsidiaries. Sophisticated contact management capabilities with follow -up time /location. + Unlimited number of addresses /phone numbers, emails and alternate contact methods. + Hierarchy for tracking company and subsidiary relationships • Subscription application tracking and workflow routing Tracking and use of preferred communication methods ensure seamless delivery of information based on individual preferences. Fee processing and renewal. • Message management system with the ability to dynamically create and define business rules for subscriber instances. Access Control - Manage systems and useraccess to secure bike parking, bike lockers and other facilities all In one simple to use platform. When it comes to access control security in at your bike facilities, we understand that you need to ensure that no corners are cut. As a serious business entity, you can afford nothing less than the best when it comes to providing security for your subscribers, assets, and business intelligence. That is precisely what BikeConnect access control systems provides. The creative and unique designs we provide are either built from the ground -up or may be integrated with existing systems for the highest efficiency possible. Our access control solutions are designed to Integrate with your IP network in a seamless and secure way and support real time monitoring (SNMP) so that you will always be able to monitor the security of your facilities. Our access control systems technology integrates into the BikeConnect platform seamiessly. The Integration is meant to handle minimum to high- security needs, Integration Includes. • Transmitters for doors and gates • Magnetic locks • Keypad controls • Card readers • Closed circuit television • Mobile phone entry systems Bike Asset Management - Help riders vfsuoll :e their trip plonninq and the community bicycle infrastructure by displaying routes, bike racks, secure partdnp and more all on a single map. SikeConnect's bike asset management system create$ an ecosystem that allows for a seamless user experience. BlkeConnect is the most reliable, scalable and comprehensive bike asset management solution in the market. Improve operations, asset utilization and bike usage with a GIS interface that scales to all sizes. Give your bike program the right tools to be successful with GIS across the enterprise, with flexible APIs and GIS interface options. The Bike Connect System includes: • Fast and powerful mapping engine ache, inc 25A -36 • GIS Overlays • Asset description with dynamic geocoding • API integration • Route optimization • Backend utility for easily adding new assets and bike routes to the system With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the day they are printed. Dynamic Bike Maps - provide users with the ability to create, store and share personalized bike maps for their rides. With dynamic bike routing, BikeConnect eliminates the costly expense of generating bike route maps that become out dated the daythey are printed. GIS technology has become an essential planning and decision making tool for any Industry that utilizes geographic data. BikeConnect provides Geographic Information Systems (GIS) mapping systems that allow you and the general public to pin point bike assets and infrastructure. Our capabilities extend to any GIS application that requires data collection and conversion, database creation, mapping and custom interface design and development. We have extensive experience working with various datasets, so we can ensure that your web map will display the bike data you want, when you need it. Our web based mapping solutions are: • Focused on functionality and accessibility, putting the data you need right at your fingertips, • Tailored to your organizations current and future requirements. • Easy to manage without needing the ability to interpret spatial and GIS data. Best yet, BikeConnect is utilizing Google's API. This means no need for you to purchase $100,000 GIS software, data sets, algorithms, mapping engines or RAID servers. Reservation System - Comprehensive online reservation system, offers accommodation for the ability to accept online reservations and easily manage inventory in real -time. Subscribers and users are able to reserve bikes, a space and /or locker, complete and confirm a booking online instantly. BikeConnect gets your reservation system up and running quickly. Setup and integration is taken care of BikeConnect s personnel Software resides on BikeConnect's secure servers for credit card acceptance and data storage Reservation system automatically verifies subscriber and allocates resources. BikeConnect's reservation system includes the following features: CaCim inc 25A -37 Snapshot of Current Availability View Current Reservations Manually Book, Edit or Ca ncei Reservations Product Manager Inventory Manager Rate Manager Seasonal Rate Manager Custom Labeling Custom Auto Email -Reply to Customer Custom Policies and Procedures Email Notification of Online Reservations Securely Capture Credit Card Numbers Custom Receipt Templates for Customers Custom Auto Email•Replyto Customer Export Reports to Excel Business rules can be developed to better manage demand and load balancing Program Tracking - Track, measure and report trip and emfsslan reductions fn a centralized system. Commute Tracker provides away for you to centrally manage commuters and track their trips. We track all forts of transportation - carpool, transit, train, bicycle, walking and telecommuting. Check out your Commute Tracker calendar to report the days you use one of those modes or alternate work arrangements. Commute Tracker also Individuals to track cost savings, see mode splits, vehicle miles traveled and emissions reductions. Our Commute Tracker makes the collection of daily commuter information easy for your users, which means more frequent and more meaningful data to support your program. Our Commute Tracker can be configured with the exact modes you want. By example, you can choose a 5 or 7 day per week layout, or have users report once or twice per day. It's flexible to meet your needs, On the backend, our Commute Tracker allows you to run reports to analyze commute trends, view made split, and manage incentive and subsidies BikeConnect's online impact reports are easy to run and provide a host of commute data and information. Standard reports include; • Trips reduced • VMT reduced • Gassaved • Cost savings • Emission reductions In calculating commuter reports, we use localized, user specific data for our calculations. We use local gas prices (as published by AAA) by zip code on a regular basis and use the EPA's vehicle emissions standards API, which includes vehicle mileage estimates for the make, model, and year of the vehicle each user would normally drive if they were not using some alternative mode of transportation. adrel iriC 25A -38 Implementation Plan Acire believes that a collaborative process with the City will maximize success of the project, ensure the deliverables meet the needs of the project and produce actionable results from which to move forward. Before Acire begins any development work, the team will meet with City Staff to discuss and review the entire project, overall City objectives and confirm the schedule. This kickoff meeting will further refine the project's objectives and develop updates and reporting schedules so the group can evaluate the progress and development phases. From this meeting, Acire seeks to acquire a complete understanding of the City's permit process, construction needs and related project requirements. Site Review, Assessment and Documentation ACire will meet with City staff at the proposed locations and conduct a thorough site review, The review will include documenting the following: • Digitally documenting the physical site location and surrounding area • Assess solar collection for each site • Determine footprint and concrete pad orientation • Notate and catalogue utilities • Review general safety elements From the review, individual site plans will be created. The site plan will be utilized for the permitting process. Project Management Acire has managed numerous projects for federal, state, regional, county and local governments. We understand the need to provide solid reporting and use best industry practices to manage projects. Because each client may have different agency requirements, Acire provides Its clients with reporting samples as part of the initial start-up process. This ensures the report process and format is provided In an approved method. We use standard Microsoft software products such as MS Project, M$ Word and MS Excel for reporting. Monthly progress reports will include a narrative of work performed, status on milestones, copies of work product, individual signed time sheets for each staff member, invoice separated per task and a updated project budget and scope of work (If necessary). The narrative report will summarize the work performed, detail work performed per task, define any challenges or obstacles with corrective measures as necessary, and Identify those tasks to perform for the upcoming month. The report will be submitted on our before the 10u' of every month until project completion. acme, inc 25A -39 Work Timeline Below is Acire's estimated timeline for this project. MM DESCRIPTION PROJECT ADMINISTRATION DATE DATE • 1 Initial Project Meeting Week 1 2 Site review and site planning_ Week 2 Week 4 3 City Place Bike Parking Facility Order Week 4 Week 4 3 Permit Package Preparation Week4 Week 10 4 Project Management Week 11 Ongoing DESIGN, ENGINEERING AND CONSTRUCTION Phase 1 1 Design and En ineering Week Week 14 2 City to Review /Approve E ineerin Package Week 14 Week 16 3 Construction Bidding Week 14 Week 16 4 Bid Award Week 16 Week 16 S Site Construction Week 17 Week 22 6 Construction Completed Week 23 Week 23 INSTALLATION Phase 2 1 Site Preparation Week 24 Week 26 2 Installation Bike Parking Systems Week 27 Week 27 3 Beta Testing — RFID,Camera,Software Week 27 Week 29 4 System Open for Public Use Week 30 Week 30 Notes: Schedule presented is based on City permit approval process being fast tracked and no weather related delays for concrete foundation work. Afinal schedule will be confirmed after the initial meeting with City staff and review of the required permit process. adJof inc 25A -40 Cost Proposal Below is Acire's cost proposal. Note., the construction and site preparation quotation assumes each site is freefrom utility, water orsewer relacation and DOES NOT include any demolition work. Costs will Increase tf any of the proposed locations requires work not quoted afire, inc 25A -41 EQUIPMENT PRICE PRICE 1 Model: BC- 202 -12 bike secure parking system, Includes glass panels, access control system, security camera, wireless communications, one security door and solar system. $25,500 2 $51,000 2 Model: BC -300- 24 bike secure parking system, Includes glass panels, access control system, security camera, two security doors, wireless communications and solar system. $44,500 1 $44,500 3 Partition wall for BC -300 $2,200 1 $2,200 4 Model: BC -0102- Public Bike Maintenance Stand $1,300 3 $3,900 TOTAL EQUIPMENT $101,600 Tax $9,144 SERVICES 1 Stamped /Certified Engineering Documentation $1,200 3 $3,600 2 Site preparation and permitting $8,000 1 $8,000 3 Structure installation -BC202 $1,800 2 $3,600 4 Structure installation -80300 $3,600 1 $3,600 5 Construction - Concrete pad prep forming and Installation $6,446 3 $19,338 6 Shipping of structures $800 3 $2,400 7 Installation of bike stand $300 3 $900 8 Project Management $100 60 Hours $6,000 TOTAL SERVICES $47,438 SUPPORT SYSTEM One time cost 1 BikeConnect Reservation and Management Platform - Version 2.1 $10,740 1 $10,740 ANNUAL MAINTENANCE AND SUPPORT SERVICES 1 Custodial, cleaning and maintenance services $12,500 Annual $12,500 2 Web support $9,600 Annual $9,600 3 800 Customer Support $9,600 Annual $9,600 Note., the construction and site preparation quotation assumes each site is freefrom utility, water orsewer relacation and DOES NOT include any demolition work. Costs will Increase tf any of the proposed locations requires work not quoted afire, inc 25A -41 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP D-019 PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiarwith the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarfication prior to the submission of my proposal. Proposal Ham Price -Pricing shall be based on scope of services as described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and Indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials wit be purchased by the contractor only after discussed and authorized by the City projects manager or designee In wdgng. CINE::2, irgFSCRIOI t9N;:' = :t1tlANTIUNNT <, ,iXlPlfft�Eft'7,(]l7AG.PRIGE' ". 1 12 -Bike Secure Parking System, 2lp3 EA I`� t) a o Including tax, shipping, engineering , • 2 24•Sike Secure Parking System 1 EA �''5 °% Including tax, shipping, engineering e • 3 Bike Stand, 3 EA Including tax, shipping St-work (each location), 4 Including new concrete pad, 3 CA ao hardware Installation of units 6 1•year Service Agreement 1 LS 1� ( 'too, D � 6 Reservation and Management 1 LS I ©r `7 �C, 00 Software Platform TnTA1 CV)nn FY) 00 V FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) City of Santa Ana RFP 13-019 Page 20 25A -42 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKINIS FACILITIES installation and Service Agreement RPP #13.019 REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplles, equipment or services Included In the scope of the proposal specifications. Attach additional paces If reg, lu red. The City reserves the right 10 contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: I hI J(� Address: �� S . f ( 01'%� s4y' Zi Contract Amount: Description of supplies, equipment, or services provided: Reference j�I ,,{( Customer Name: IVi (� 1 iCVv' Address: (51i I baEra-yyaQ Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: l 1iQ btG UtC Q 1� t X11 Address: Ib a(2IA r1 i` U Contract Amount: t 10' 0,00 Contact Individual: 10-V 49A" Phone Number. f 3 - ? 3 3 - Facsimile Number: 1V b IS ' 14i 03 Year. ).Vol ' i't� -vice' C Contact Individual: A&I1 r A ��9 or 5V�DA Phone Number. Facsimile Number: '714' 2.0 ' 4 V (o fe-, Year: 7-410 - e w v rXzkk Contact Individual: `•.. `1 eWA A���fe e Phone Number. P-1rr t 6 - �J 2,44 D Facsimile Number. Year, �Lgyl- Cuvi(2Mt Description of supplies, equipment, or services provided: V`VTA, TYaAAQI{ �-j 0S(6- lbr'4 -10L.5 j /+' 31r' 94Q� THIS FORM MUST BE COMPLETED AND INCLUDED W11H THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13.019 Page 21 25A -43 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13.018 REFERENCES List and describe fully the contracts performad by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional oaaes V reautred. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference RA�r Customer Name; SA N CL DA Address: $0 ( b ConlractAmount 4 S +gIO(;, D Contact Individual: ! t Q AOI S Phone Number. I9- )-'& `235 Facsimile Number: Ln - � t l- Year. ;10 l ( Description of supplies, equ ipment or services provided: Uwirl Dy-S � �L«t'-s + J mz Refgrence �f�t II.. CustomerName:SDL(lYl io JUA Aadresa: 60'� a6th ��fru 4I(oo ("huiviv,41 b14 Contract Amount: 1 19 (1 Svc,) Description of supplies, equipment, or services provided: 0'1� Vh sly (45 e r 'ce Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Y + h L' 4 0 L`°f Phone Number: $ l 0'," - 7(0-62 Facsimile Number: Year: Contact Individual: Phone Number: _ Facsimile Number: Year: THIS E RM MUST BE COMPLETED AND INCLUDED W1TH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Same Ana RFP 13 -019 Page 21 25A -44 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR,_„„, SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when It or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Sar Ace properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and cartif cafe of liability insurance within ten (10) days (excluding Saturdays, Sundays and Clty's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because It is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted In lieu thereof shall be returned to the undersigned. Proposer understands that a proposal Is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference Into this agreement and are made specifically as part of this RFP. �• ti Firm Signed and Printed Name: Title Mt.Al Date ,__ I Q-O THIS FORM MUST BE COMPLETED AND IN LUDED WITH T} THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 22 25A -45 .t.traIM CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING _FACILITLE_S Installation and Service Agreement RFP #13 -419 CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post In conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. $. The contractor shall furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whale or in part and the contractor may be declared Ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,and such other sanctions may be imposed and remedies Invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence Immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontract or purchase order as the ffl City of Santa Ana RPP 13.019 Page 23 25A -46 administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved In, or Is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter Into such litigation to protect the interests of the United States. 6. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national crigin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided In Section 1420, and a tractor violating this section is subject to all the penalties Imposed for a violation of the chapter. Firm �`fl: i fe , _ Signed and Printed yNCa lme: oz-,t � I • l i L �_. Title t 0 Date C ( 3 City of Santa Ana RFP 13 -019 Page 24 25A -47 tl� EXHiBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Se toe Agreement RFP #13.019 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly Induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or Indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note; The above non Ilusion aftid At is pert of the proposal. Signing this proposal on the signature portion thereof shal so c tit signal of this noncclluslon affidavit. Proposers are cautioned that making a false certi ation m subject the riper to criminal prosecution. State of California, County Subscri ppad and sworn to (or affirmed) before me on this 5'xday of 20 13, by iggi.-A, proved to me on the basis of satisfactory evidence to be the person(4) who appeared before me. �DUANE J. LEE Caurr.A t671 M 110% O PYR C�•pGyU�I�IA . Mr COWL Er. OrO. N, ttl11 Notary Public Slgpafft Notary Public Seal THIS CORM MUST BE COMPLETED AND ,r t rnoD WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13.019 Page 25 25A -48 Insurance Company EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreements RFP #13 -019 ADDITIONAL iNSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 82701; Its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the 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 beneflt of the additional insureds. 3. This insurance applies separately to each Insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so Included. 4. With respect to the additional Insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective --.1kj ! 0 { this endorsement form as a part of Policy # Issued to ore Cvt. B Countersigned by THIS FORM MUST BE COMPLETED AND INCLUDED VVITH THE P A. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13 -019 Page 26 25A -49 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and S -019Aareement EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER_ Ap- I a subcontractor --To a4 - , has not ,�,„,,, participated in a previous contract proposed hereby certifies that he Xhas subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor, City of Santa Ana RFP 13.019 Page 27 25A -50 EXHIBIT 1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement RFP #13.919 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not suspended, debarred, voluntarily exclttded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space Exceptions will not necessarily result in denial of award, but will be considered in detennining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BID ER Signs o ER Date S 1 13 THIS FORM MUST BE COMPLETED AND JNCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. - CRy of Santa Ana RFP 13-019 Page 28 25A -51 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING F CIA LIi1ES Installation and Service Agreement RFP #13 -019 NONLOBBYINQ CERTIFICATION F ®R FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence 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 snaking 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 appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal tlsat he or she shall �nguage of this certification be included in all lower tier subcontracts, which exceed $100,000 that a ch sub- regipj(nt"hall certify and disclose accordingly. A22 I IrE� - Firm THIS FORM MUST BE CO EL.ETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 29 25A -52 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installatlon and S®tvlce Apree ant RFP #13 -019 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285A (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark a8er "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also mnstitoteslimature of this Statement, BIDDERS are cautioned that making a false certification may Signed tC Title C Firm Date �7 THIS FORM MUST BE COMPLETED AND INCLUDED MITHTHE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. nsmme�+r -'- - " City of Santa Ana RFP 13-019 Page 30 25A -53 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Agreement ment RFP #13-}19 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local, government project because of a violation of law or a safe Yes _ No If the answer is yes, explain the circumstances in the following space. City of Santa Ana RFP 13-019 Pape 31 25A -54 lZil l I -1 i idd CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURE BIKE PARKING FACILITIES Installation and Service Aareement RFP #13 -019 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final un- appealable fording of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's Whim to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. SignCA Title Firm Date Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 13-019 Page 32 25A -55 assess ano USeUb Ili AL'yR0 CERTIFICATE OF LIABILITY INSURANCE DATE NM24 ;Y' TM. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PRODUCER —__ _._.__........._ ASS TYPE OF INSURANCE POLICY NUMBER LTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARK JACKSON INSURANCE AGENCY GENERAL LIABILITY PPP1006536E ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 775 $ 1,000,000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR YORBA LINDA CA 92885.0775 X COMMERCIAL GENERAL LIABILITY _ CLAIMS MADE X OCCUR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 714 - 779 -2629 $ 5,000 A FAX: 714 - 779.1170 Agency Wc#', 067323B ,� ! ;'. 4 " ,)NSURERS AFFORDING COVERAGE NAIC # INSURED GENERALAGGREGATE INSURER A: U.S. Liability Insurance Company 125895 ACIRE, INC. PRODUCTS- COMPIOP AGG. INSURER B_ 'GEN'L AGGREGATE LIMIT APPLIES PER: 211 SIMPLICITY " .NS .. _.._ ____.. __ _ ...... ......... ._........... _..... INSURER G: POLICY IRVINE, CA 92520 AUTOMOBILE LIABILITY PPP1006536K ANY AUTO I A-7_ Q ) 3 /' INSURER E: Pnveo An=c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —__ _._.__........._ ASS TYPE OF INSURANCE POLICY NUMBER LTR ...... _- .__.____ POLICY EFFeCirvE POLICY EXPIRATION OATS MMJDO GATE WO _ LIMITS GENERAL LIABILITY PPP1006536E JUL 612 JUL 613 EACH OCCURRENCE $ 1,000,000 DAMADE TO RErvTEO PREMISES Ee tlCwmm $ 50,000 X COMMERCIAL GENERAL LIABILITY _ CLAIMS MADE X OCCUR MED. UP {Any One Person) $ 5,000 A PERSONAL B ADV INJURY $ 11900,000 GENERALAGGREGATE $ 210001000 PRODUCTS- COMPIOP AGG. $ 1r000,000 'GEN'L AGGREGATE LIMIT APPLIES PER: POLICY AUTOMOBILE LIABILITY PPP1006536K ANY AUTO JUL 6 12 JUL 6 13 - COMBINEO SINGLE LIMIT (Ea acdIdI $ 1,000,000 BODILY INJURY ALL OWNED AUTOS A' SCHEDULED AUTOS (Per person) $ BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS OPERTY DAMAGE $ -- GARAGE LIABILITY 1 AUTEOAO�TNLY 12AACCIOENT $ EAACC $ ANYAUTO yyryry 'rjY I* .AO700,HAN GGIS EXCESS I LIABILITY LAIMS MADE \SF DEDUCTIBLE p55isk O Yn0 �Ity P RENCE AGGREGATE $ _.....- .. -- $ $ RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TW.n 83AR'- OTHER RY Sh?LT3- EL. EACH ACCIDENT $ ANY PROPRIETB WPARTPE WEXELUTIVE E.L. DISEASE -EA EMPLOYEE $ OFFIGEWMAMBEREXOLUOED4 e r.N ePECML PRUVI910Ne M. .E.L. DISEASE - POLICY LIMIT S OTHER: PROFESSIONAL LIABILITY PPP1006536E - JUL 6 12 JUL 6 13 $1,000,000 EACH OCCURRENCE A ERRORSANOOMMISSIONS $2,000,000 ANNUAL AGGREGATE RETRO DATE: 0710612007 DESCRIPTION OF OPERATIONSILOCATION IVEHICLESIEXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS CONSULTING PROFESSIONAL THE CITY OF SANTA ANA ARE ADDED AS ADDITIONAL INSURED PER END CG 20 26 07 04. THE INSURANCE IS NON - CONTRIBUTORY AND PRIMARY END# L722 (02109) TO ALL OTHER INSURANCE OF THE CITY IN RESPECT TO THE OPERATIONS OF THE NAMED INSURED, 10 DAYS NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM AnnITIONAI INRIIRFn- INRURFR I FTTER, PAWPCI I ATNIM ACORD 25 (2001108) CerUflcate # 12972 25A -57 VUSI JaCK30n UU132311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAFE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF SANTA ANA FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 20 CIVIC CENTER PLAZA, M -36 INSURER, II AGENTS OR REPRESENTATIVES. SANTA ANA, CA 92701 AUTHORIZED REPRESENTATIVE Attantlon: MARILYN BOOTHE ACORD 25 (2001108) CerUflcate # 12972 25A -57 VUSI JaCK30n UU132311 POLICY NUMBER: PPP1006536E COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Effective Date: 06/1212013 12:00 AM City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section II -Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connectionwith the premises owned by or rented to you. CG 20 26 07 04 Copyright, ISO Pmpenles, Inc., 2004 25A -58 To FOYM, APp -ROVED AS Ity AttarneY Assistant C� UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY AND NON - CONTRIBUTORY - DESIGNATED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: Effective Date: 06/12/2013 12:00 AM City of Santa Ana If no applicable entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, is amended by the addition of the following: This insurance is primary and non - contributory as respects our coverage for the other person or organization named in the Schedule. We will not seek contribution from any other insurance policy available to the person or organization named in the Schedule for "bodily injury", "property damage" or "personal and advertising injury" covered under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. IspPR D OV AS 7'O 'C7F P11 : L 722 (02 -09) _ —Aage 1 of LISA E• �� 0` c Assistant City AM' n8y 25A -59 _�1 3 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE OAT JUN 24 8Y' MARK JACKSON INSURANCE AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 775 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR YORSA LINDA CA 92885 -0775 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS INSURER, IT;S AGENTS OR REPRESENTATIVES. PHONE: 714. 779.2629 FAX: 714. 779.1176 A enD Lid#: 0673236 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: U.S. Llablilty Insurance COrnpany 125895 INSURER B: ACIRE, INC. 211 SIMPLICITY IRVINE, CA 92620 INSURER C: INSURER 0: INSURER E: $ 5,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Imal LT TYPE OF INSURANCE i POLICY NUMBER POLICY.IFEgWE DATE MMID POUCYEXPIRATION DATE MMIOtl LIMITS INSURER, IT;S AGENTS OR REPRESENTATIVES. GENERALUABILITY PPPI006536E JUL 612 JUL 613 EACH OCCURRENCE $ 1,000,000 UAMAOE TO RENTED PREMISES Eem mncn $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X OCCUR MED. EXP (Any One Pm.) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER PRCDUCTS- COMPGP AGO. $ 1,000,000 POLICY AUTO MOBILE LIABILITY ANYAUTO PPP1006536E JUL 612 JUL 613 COMBINED SINGLE LIMIT (Ea noldent) $ i +000 +000 BODILY INJURY (Per DDBCn) $ ALL OWNED AUTOS A- SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Peracddent) $ PROPERTY DAMAGE $ GARAGE LIABILITY APPROVED V 1 AS TO FORM lYl AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY; AGG $ - -— EXCESS / UM13ERELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR El CLAIMS MADE Laura SLitt Aheedy $ Assistant City Attorney DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'CIABILITY 1 L iDRV umiia OTHER I E.L, EACHACCIDENT $� ANY PROPRIETORNARTNERE%E W TIVE DFFICEWMAMBER BxCLUDEDT ! E.L. DISEASE-EA EMPLOYEE $ n y.., moNlw undx SPECIALPROVISWNS W. :E.L. DISEASE - POLICY LIMIT $ OTHER: PROFESSIONAL LIABILITY PPPI00653BE JUL 612 JUL 6 13 ;$1,000,000 EACH OCCURRENCE A ERRORS AND OM MISSIONS ;$2,000,000 ANNUAL AGGREGATE RETRO DATE: 07/0612007 DESCRIPTION OF OPERATIONSILOCATIONtVEHICLES ]EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS CONSULTING PROFESSIONAL THE CITY OF SANTA ANA ARE ADDED AS ADDITIONAL INSURED PER END CG 20 26 07 04. THE INSURANCE IS NON - CONTRIBUTORY AND PRIMARY END# L722 (02109) TO ALL OTHER INSURANCE OF THE CITY IN RESPECT TO THE OPERATIONS OF THE NAMED INSURED. 10 DAYS NOTICE OF CANCELLATION FOR NON- PAYMENT OF PREMIUM AnnITNNAI.. INSURED' INSURER LETTER: CANCCI1 ATMnN ACORD 25 (2001106) Certificate # 12972 Mark Jackson 0673236 25A -60 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT CITY OF SANTA ANA FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITYOF ANY KIND UPON THE 20 CIVIC CENTER PLAZA, M -36 INSURER, IT;S AGENTS OR REPRESENTATIVES. SANTA ANA, CA 92701 At1TMORREO REPRESENTATIVE Attention: MARILYN BOOTHE ACORD 25 (2001106) Certificate # 12972 Mark Jackson 0673236 25A -60 POLICY NUMBER: PPP1006536E COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6-161:10111A Name of Additional Insured Person(s) Or Organization(s): Effective Dale: 06/1212013 12:00 AM City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connectionwith the premises owned by or rented to you. CG 20 26 07 04 Copyright, LSO er —1106 - loo., 2004 UNITED STATES LIABILITY INSURANCE GROUT' WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM AMENDMENT OF OTHER INSURANCE CONDITION: PRIMARY AND NON - CONTRIBUTORY - DESIGNATED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: Effective Date: 06/12/2013 12:00 AM City of Santa Ana 211 Simplicity Irvine, CA 92620 If no applicable entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, is amended by the addition of the following: This insurance is primary and non - contributory as respects our coverage for the other person or organization named in the Schedule. We will not seek contribution from any other insurance policy available to the person or organization named in the Schedule for "bodily injury ", "property damage" or "personal and advertising injury" covered under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 722 (02 -09) 25A -62 Page 1 of 25A -63 A� O� CERTIFICATE OF LIABILITY INSURANCE t%aa /aD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the conlfloalu holder Is an ADDITIONAL INSURED, the polley(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltrons of the polloy, certain policies may require an endorsement. A statement on this cartificate does not confer rights to the cenilleate holder In Ileu of such endorsement(s). PRODUCER Millennium Corporate Solutions MIA,01 Diem aurkosky Pfflft IS 49) 679 -6604 1 X , t44e1 $3e•aooa .C.L.R. 1buncegmosins, mom License 8 0013480 5530 Trabuco Read IN$useR s AsFOao HoeovERACe Nac 4 waBRERA:CitisenS Insurance Company of Irvine CA 92620 a1SUREa N IUms• $ 1,000,000 INSURER 01 X COMMERCIAL GENERAL LMaILITY Acirs, Ins INSURER D: 211 Simplicity $ 300 000 INS R 5,009 Irvine CA 92620 COVERAGES CERTIFICATE NHMBER-CL1362421425 REVISION NUMBER: ~THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1111R, TYPE OP INSURAIIC! ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA E 20 CIVIC CENTER PLAZA, M -36 LIMR8 SANTA ANA, CA 92701 GENERALLIABIDTY c.�' ,.�• D Diem Ngo /DIEM as EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LMaILITY $ 300 000 LIED ane w 5,009 A CWLIS -MADE OCCUa B3 A034591 00 16/2013 /6/201.4 PEREONALaADVINJURY S 1,000, QOO GENERAL AGGREGATE S 2,000,000 GENLAGGREOATE LIMRAPPUES PER: PRODUCTS - COMP,OP AGO S 2,000,000 $ X1 POLICY P LOO AVTOMOSILELABILMY I E MR 11000,00 BODILY INJURY(PW Pamon) 5 BODILY INJURY(PV*Cddee0 S A � OWNED SCHEDULED 3 A034591 00 /6/2013 /6/2014 ROPE DAAIAOE 6 Y HIRED AUTOS X AtGITNOBY"EO ro FO M D AS $ UMBRELLALL48 OCCUR EACHOCCURRENCE S EXClRetail CWMSA%DE ,' /n '.I �J AGGREGATE $ DED RETENTION IS v�R WORKERS COMP2NeATmN LBLLCB eTATU OT AND EMPLOYERS' LIABILITY YIN City SCOTTIOV EL. EACH ACCIDENT ANY PROYRIETOR/PARTNERIEXECUI ASSLSCRnL El. DISEASE •EAEMPLOYE •{ $ ,ICgEPIM MOOR EXCLUDEDT MIA EL. DISEASE - POLICY LIMIT - a NyyasdaRAb MM O)' DESCRIPTNJN OF OPERATIONS Ed __ ,. A PROFESSIONAL LIABILITY 3 A034591 00 /6/2019 /6/2014 EACH CLAIM LIMIT $1,OCO,000 CLAIMS -MADF. POLICY AGGREGATE LIMIT 62,000,000 DESCRL"ION OF OPERAr10NS1 LOCATIONS tWiliCLEB (AAtIOACORD 101 Addlaonal R+m+rk+ 86haduR, H PMIO EPan 1a t4mi"d) The City of Santa Ana is included sa additional insured with primary L non - contributory wording for general liability per attached form 391 -1006 0609 when required by written contract As respects to the insureds operations, *10 days notice of cancellation for non - payment of premium. ICAT HOLDER CANCELLATION CERTIF E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M -36 AUTHORIZED REPRSBENTATIVE SANTA ANA, CA 92701 c.�' ,.�• D Diem Ngo /DIEM as ACORD 25(2010/05) rSr Taaa -zuTD nVUnv wnrv,w nv,.. nu +m +' +A ,a.a' +��• INS625 (201111 The ACORD name and logo are registered marks ofACORD 25A -64 BUSINESSOWNERS LMILITYSIPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form Vendors 3. Alienated Premises 4. Bodily Injury Redefined 5, Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators 8. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 7. Personal and Advertising Injury - Broad Form 8. Product Recall Expense 9. Unintentional Failure to Disclose Hazards 10, Unintentional Failure to Notify Limps $25,000 Occurrence $50,000 Aggregate Page This endorsement amends coverages provided under the Buslnessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businassowners Coverage Form, except as provided below. 1 Additiotaal.lrlsura ' by Contfil A'" 41 ,nf. "or, 'Pa1ri11£ Under SECTION II - LIABILITY, C, Who Is An Insured, Paragraph 4, is added as follows: a. (1} (our acts ",or. gm(pslons or (2} .The sole or `omrssinn.'s, of those'acting 9n yourbekalt, ltul,,,Rnly wlthAespea(tP i(9)f, "rYaut work'._fat (ha aCdldanal rnatlrad(s')1 At ,tile location' 4es(gna(etll In .the; .co ntraat,'ta9feementar -porrn PG arrfises,'yo'u'avrn; rent; )ease, dotitrot 6 occupy T(j�s IftS r�nc ppy gg ott�;prfmary etas Iii the( -1s f4gu {led �y the ,wr {(felt coritra'ot,i agi:aAnie nt9r,.t3gtlrrtf,; b, This provision does not apply: (1) Unless the written contract or written agreement has boon executed or permit has been issued prior to the "bodily injury ", "property damage" or "personal and advertising Injury "; (2) To any person or organization included as an insured by an endorsement Issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury ", "property damage" or personal and advertising injury" arises out of the sole negligence of the lessor; 391 -1006 06 09 Includes copyrighted material of Insurance Services office, Inc. 25A -65 Wage 1 Of 5 (5) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises If: (1) The occurrence takes place after you coase to be a tenant In that premises; or (11) The "bodily injury ", "property damage" or "personal end advertising Injury" arises out of structural alterations, now construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily Injury ", "property damage' or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional Insured coverage provided by this provision will not be broader than coverage provided to any other Insured. d. All ether Insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph S. Is added as follows; 5, Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily Injury" or "property damage" arising out of "your products" ee regular which are distributed course of the vendor's l 's busin ss. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change In the product made Intentionally by the vendor; d, Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instruction from the manufacturer, and then repackaged In the original container; a. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; U. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily Injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting an its behalf. However, this exclusion does not apply to: (1) The exceptions contained In paragraphs 5.d. or 5,f,; or (2) Such Inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. This insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products, 3. Alienated premises Under SECTION 11 - LIABILITY, B. Exclusions, paragraph 1,k,(2) is replaced In Its entirety with the fallowing: (2) Premises you sell, give away or abandon, If the "properly damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily injury Redefined Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced In Its entirely by the following: 391 -1006 06 09 includes copyrighted material of Insurance Services Office, Inc. 25A -66 Page 2 of 0 4. "Bodily injury" means bodily Injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time, "Bodily Inlurv" includes manta[ anguish or other mental Iniury resulting from "podily Inlury". 5. Broad Form Property Damege - Borrowed Equipment, Customers Goods, Use of Elevators a. Under SECTION II - LIABILITY, B, Exclusions, paragraph 1.k„ the following Is added: Paragraph (4) does not apply to "properly damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION II - LIABILITY, P. Liability and Medical Expenses Definitions, the following additional definition Is added. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used In your manufacturing process. c. The Insurance afforded under this provision Is excess over any other valid and collectible properly insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice - Employed Nurses, EMT's and Paramedics Under SECTION i1 - LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged In the business or occupation of providing medical, paramedical, surgical, dental, x -ray or nursing services. 7. Personal and Advertising Injury -Broad Form Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury ", paragraph h. is added as follows; h. Discrimination or humiliation (unless Insurance thereof is prohibited by law) that results in Injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done Intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the Insured; and (2) Not directly or indirectly related to an "employee% nor to the employment, prospective employment or termination of any person or persons by an Insured. 8, Product Recall Expense a. Under SECTION II - LIABILITY, B, Exclusions, Paragraph 1, o. is replaced in its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use, withdrawal, recall, Inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product; (2) "Your work "; or (3) " Impalred property "; If such product, work or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition In it, but this exclusion does not apply to "product recall expenses" that you Incur for the "covered recall" of "your product ". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost Incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or 391 -1006 06 09 Includes copyrighted materlal of Insurance Services ofOce, Ina Page 3 of 5 25A -67 (a) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect In another of "your products" has been found, b. Under SECTION II - LIABILITY, 0. Who Is An Insured, paragraph 4.c, is added as follows: c. "Bodily injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c, Under SECTION tl - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties In the Event of Occurrence, Offense, Claim or Suit, paragraph a. Is added as follows: e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense ": (1) discoerypornpnotifc f notification that "your product" must be withdrawn or recalled. Include a description of "your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until It has been determined that all such products are free from defects that could be a cause of lose under this insurance. d. Under SECTION II - LIABILITY, P. Liability and Medical Expenses DeMltlons, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, Inadequacy, or dangerous condition In "your product" has resulted or will result in "bodily Injury" or "property damage ". "Product recall expense(s)" means: a, Necessary and reasonable expenses for: (1) Communications, Including radio or television announcements or printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Wiring additional persons, other than your regular "employees "; (8) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (F) Disposal of "your product ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily Injury" or "property damage" as a result of such disposal, you Incur exclusively for the purpose of recalling "your product "; and b, Your lost profit resulting from such "covered recall'. e. Under SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, the following Is added: S. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" Incurred for all "product recall expenses" Initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages Is the most we will pay In connection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence ". 391.1006 06 09 Includes copyrighted material of Insurance Services Ofi0ce, Inc. Page 4 of 6 25A -68 (b) Any amount reimbursed for "product recall expenses" in connection with any one 'occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of 'product recall expenses" In connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of 'product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit Is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or defciency. 6. A deductible of $500 applies per each "Occurrence ". 9. Unintentional Failure to Disclose Hazards Under SECTION 11 - LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. Is added as follows; 6, Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the Inception date of the policy provided such failure Is not Intentional, 10. Untntentional Fallure to Notify Under SECTION Il - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties In the Event of Occurrence, Offense, Claim or Suit, paragreph f. Is added as follows; f. Your rights afforded under this Coverage Form shall not be prejudiced If you fail to give us notice of an 'occurrence ", offense, claim or "suit', solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy, 091.1006 06 09 Includes copyrighted materiel of insurance Services Office, Inc. Page 5 of 5 25A -69 'q o� /3 -01 15� 7 A44E�!FE) CERTIFICATE OF LIABILITY INSURANCE 6/24/220113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY FOR NEQATl!VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES ttOT CONSTRU72A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, - IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(loc) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifiable holder In lieu of Such endorsement s . PRODUCER Millannium Corporate Solutions Licensa # OC13480 Diem Qurkosky "Hone (949j 679 -6604 F . (3471 934 -5063 0190masina.0om E .call- INSURlRe APFORDINOCOVERAOE NAJOS 5530 Trabuco Road M) Irvine CA 92620. INSURE A:Citirrena Insurance Cop%2anY of INSURED IMIVRERII, S 1,000,000 INSURER C: 3 2,000,000 Acire, Ina 211 Simplicity INSURERD: IxswaERe PFIQOItGTa•CtlMPIOPAGG Ix Irvine CA 92620 COVERAGES UCKIIrIUAI MEN •----------°_-.. - - -- THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE PCLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR A TYPE! or INSURANCE GUERALLIAS14ITY x COhlh4ERCIALGENERAL LIABILITY CLAIMS -HIDE pCCU0. M— Ma pougYNUMOUR 03 A034S91 00 Writ LICY /6/2013 POLICYB /6/2014 LIMRB EACH OCO�N E $ 3"00c), 000 M) S 300,000 Men E* ".. srsm $ 6,000 PERSONAL &ADV INJURY S 1,000,000 GENERAL AWR90ATE 3 2,000,000 PFIQOItGTa•CtlMPIOPAGG S 2,000,000 GENLAGPREOATE X POLCY LIMB APPlJE3 PRO• PER: LOO S AUTOMOBILE WAWUTY IEumff 1 000 000 BOUILYINJURY(Perp non) 3 ° A ANY AUTO ALIOW14EO SCHEDULE5 AUTOS AUTOS Oy rNED 1: HIREDAUTOS OL AUTOS 33 A034891 00 /912013 /6/2014 WDILY INJURY(Pv otddMO S PROP ft 1AGE S - S UMBRELLAUAB EXCESS LAB OCCUR CLNM$,KWE EACHOOCURRENC S ACOR9009 5 DEO I I RE ION WORXBRS COMPENSATION WC 97A OTF4 EL. EACH ACCIDENT_ a A ANDEMPLOYERS- LIASILITY ANY PROPRIETONPARTNERMXeCUTIVE LJ OFFICERMIRMBER EXCLUDED? {ReWabry In NH) U' d4wba aWa NPTIONOFOPERATIONSb ow PR08ESSIOKAL LIABILITY CLAIMS -MADE POLICY N/A B3 A034591 00 /6/2013 /6/201.4 EL DISEASE. EA EMPLOYEE S EL DISEASE - POLICY LIMIT S EACH CLAM LIMIT $1,0001 OOD AOOREOATEUMIT $2,0001000 MmORIPTIONOF OPERATIONS/ LOCATIONS IVBHIC463 (Alaoh ACORD 101, Additional Remarks SehsduN, amore ep.ce4 fequlnd) The City of Santa Ana is included as additional insured with primary G non - Contributory warding for general liability par attached form 991 -1006 0609 when required by written Contract ae respects to the insureds operation$. k10 days notice of Cancallation for non- payment of premium, 4PPROVEU AS TO ]FORM 904 77 CITY OF SANTA ANA Assistant City Attorney 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 M -36 TIDULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATS THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Ng0 /DIEM ` --"`� �" r✓ INS026 (201005) el The AUUKu name ana logo are roBrure, ew 1„a, no — .. - -,. 25A -70 BUSINESSOWNERS L.IABILff`ISPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits t. Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form Vendors 3. Alienated Premises 4. Bodily Injury Redefined 5. Broad Farm Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators 6, Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 7, Personal and Advertising Injury - Broad Form S. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 9, Unintentional Failure to Disclose Hazards 10. Unintentional Failure to Notify Page This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Attdrttohal fnaurads.by ContraCg; �Agre9rh @tltaoC; �'ermlt° Under SECTION II - LIABILITY, C. who Is An Insured, Paragraph 4. Is added as follows: a. (9) °il oVacts or'pmisslons "oc (2) 1hi acts q, ,'omissions.' Qf thQSe. egfing orj your behalf k4t.Qflll wllh,rE3sR4ptnto (9) "Your work ,rot the add'i$lonal msuted(s }' a[ the 10.481{ion i Ralgnated In the; gontrpol, agre.,In.",orxperm.t „err (4} Premises you;own, ront, lease, co4"troGor 0000py; This 1r,surance paJlea ,q pr }maryr [oae 11 At that Is, requ.rpd; Ana ytirltt 0 contract, agreement or.pe_r_riM . b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been Issued prior to the "bodily injury ", "property damage" or "personal and advertising injury "; (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Policy; (3) To any person or organization Included as an Insured under Item 1.a,2, of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily Injury ", "property damage" or "personal and advertising Injury" arises out of the solo negligence of the lessor; 891-1006 06 09 Includes copyrighted material of Insurance Services Offloe, Inc. 25A -71 Page 1 of (5) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (1) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury ", "properly damage" or "personal and advertising Injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily Injury ", "property damage' or "personal and advertising Injury" arising out of the rendering of or the failure to render any professional services. c. Additional Insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other Insuring agreements, exclusions, and conditions of the policy apply, a.ldlaenal Insured -Broad Form Vendors Under SECTION If - LIABILITY, C, Who Is An insured, paragraph S. is added as follows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily Injury" or "property damage" arising out of your products" which are distributed or sold in the regular course of the vendor's business. The Insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unloss unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged In the original container; a. Any failure to make such Inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business in connection with the distribution or sale of the product; f, Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; g. Products which, after distribution or sale by you, have boon labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 6.f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Alienated Premises Under SECTION II - LIABILITY, B. Excluslons, paragraph 1.k.(2) Is replaced in Its entirety with the following: (2) Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the lime the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. Is replaced in its entirety by the following: $01 -1006 06 09 Includes copyrighted material of Insurance Services Woo, Inc. 25A -72 Page 2 of 5 4. "Bodily injury" means bodily injury, disability , sickness or disease sustained by a person, including death resulting from any of these at any lime. "BodI�Jnur ncludes Monte] anguish or other mentaI Iniury resulting from "bodily inlury ". 5, Broad Form Property Damage - Borrowed Equipment, Customers Goode, Use of Elevators a. Under SECTION II - LIABILITY, B. Exclusions, paragraph 1.k., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition Is added: "Customers goods" means property of your customer on your promises for the purpose of being; a, Worked on; or b. Used In your manufacturing process. c. The Insurance afforded under this provision Is excess over any other valid and collectible property Insurance (including deductib €e) available to the Insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice - Employed Nurses, EMT's and Paramedfcs Under SECTION II - LIABILITY, C. Who Is An insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x -ray or nursing services. 7. Personal and Advertising Injury - Broad Form Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury ", paragraph h. Is added as follows: h. Discrimination or humitiation (unless Insurance thereof Is prohibited by law) that results In Injury to the feelings or reputation of a natural person, but only If such discrimination or humiliation Is: (1) Not done Intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the Insured; and (2) Not directly or indirectiy related to an "employee ", nor to the employment, prospective employment or termination of any person or persons by an Insured. 8. Product Recall Expense a, Under SECTION It - LIABILITY, B. Exclusions, Paragraph 1. o, is replaced in Its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use, withdrawal, recall, Inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product "; (2) "Your work "; or (3) "impaired property "; If such product, work or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition In It, but this exclusion does not apply to "product recall expenses" that you Incur for the "covered recall" of "your product ". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured know or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or 391.1696 66 6o Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 25A -73 (S) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect In another of "your products" has been found. b. Under SECTION 11 - LIABILITY, C, Who Is An Insured, paragraph 4.c. is added as follows: c, 'Bodily injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c. Under SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph e, is added as follows: e. You must sea to it that the following are done in the event of an actual or anticipated "covered recall' that may result in "product recall expense ": (1) Give us prompt notice of any discovery or notification that "your product' must be withdrawn or recailed. Include a descripflon of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. d. Under SECTION II - LIABILITY, F. Liability and Medical Expenses Dentitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, Inadequacy, or dangerous condition In "your product" has resulted or will result in "bodily Injury" or "property damage ". "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements Including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (S) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring yourrr regular employees then "; (5) Expenses Incurred by " employeas" including transportation and accommodations; (S) Expenses to rent additional warehouse or storage space; but (7) Disposal only tothe "your xtent pthatuspecific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you Incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall ". e, Under SECTION 11 • LIABILITY, D. Liability and Medical Expenses Limits of insurance, the following is added: 5. The Limits of Insurance and rules staled below fix the most that we will pay under this Product Recall Expense Coverage. (1) that we willl fereimbLimit ursethyou for the sum of all "product recall expenses „ incurred for all "product recall expenses” initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses' in connection with substantially the some general harmful condition will be deemed to arise out of the same defect or deficiency and considered one 'occurrence ". 391.1000 09 09 includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 25A -74 (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" In connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that Is less than the Occurrence Limit, the remaining Aggregate Limit Is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence ". 9. Unintentional Failure to Disclose Hazards Under SECTION It • LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. Is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the Inception date of the policy provided such failure is not Intentional. 10. Unintentional Facture to Notify Under SECTION II • LIABILITY, E, Liability and Medical Expenses General Conditions, 2. Dulles In the Event of Occurrence, Offense, Claim or Suit, paragraph f. Is added as follows; f. Your rights afforded under this Coverage Form shall not be prejudiced If you fail to give us notice of an 'occurrence ", offense, claim or "suit ", solely due to your reasonable and documented belief that the "bodily injury" or "Properly damage" Is not covered under this Policy, 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 25A -75 25A -76 BIKE. PARKING FACILITY sFlwra ar�ri City Council Project No. 14 -6793 Amend Agenda C7ate Agreement with ACIRE, INC., for Maintenenance and Support of the March 21, 2017 Secure Bike Parking Facilities 25A -77 25A -78 FIRST AMENDMENT TO SERVICES AGREEMENT WITH ACIRE INC THIS FIRST AMENDMENT to the above - referenced agreement is entered into on March 21, 2017 by and between Acire, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The parties entered into Agreement 4A- 2013 -087, dated June 3, 2013 ( "Agreement "), by which Contractor agreed to design, install, manage, and maintain secure bike parking facilities ( "Facilities ") at various locations in the City. B. The design and installation component of the Agreement was completed at the time the City accepted the Facilities from Contractor, on or about April 7, 2015, at which time a one -year period for maintenance and support of the Facilities commenced. C. The one -year period for maintenance and support is subject to renewal for up to five successive one -year periods. By letter dated March 7, 2016, the parties renewed the period of maintenance and support for a one -year term beginning April 7, 2016 through April 7, 2017. D. The parties now wish to renew the period of maintenance and support for another one -year term and also amend the Agreement to include additional funds for these services during the current and renewal periods. The Parties therefore agree: 1. Section IV, Term, is amended to extend the period of maintenance and support for an additional one -year term beginning April 8, 2017 through April 7, 2018. 2. Section V, Compensation, is amended to include an additional $31,700 for maintenance and support services to be performed by Contractor during the extended period of maintenance and support beginning April 8, 2017 through April 7, 2018, and an additional $31,700 for maintenance and support services performed during the period beginning April 7, 2016 through April 7, 2017. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUTZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney JHOH�d'M. FUNK. Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRAC'T'OR Name: Title: Fred Mousavipour, Executive Director, Public Works Agency Exhibit 3 25A -79 25A -80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH CHRISTIANSEN ❑ As Recommended AMUSEMENTS FOR CARNIVAL SERVICE [] Amended El O Or rdinance on 1" Reading RIGHTS FOR THE CINCO DE MAYO EVENT ❑ Ordinance on 2ntl Reading {STRATEGIC PLAN NO. 5,5C) ❑ Implementing Resolution ❑ Set Public Hearing For_ VJ W, 4 mi RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Christiansen Amusement, Inc. for carnival service rights for the Cinco de Mayo Event in the amount of $32,500, for a term from March 21, 2017 through May 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Cinco de Mayo event has been an attraction for the downtown community and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from Orange County and the Southern California region. 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 two days. The 18th Annual Cinco de Mayo Festival will take place on May 6 - May 7, 2017. The City of Santa Ana is contracting with Christiansen Amusement to provide a two -day carnival at the Cinco de Mayo event. This is a continuation of a long history of this event that provides great family entertainment in the downtown area. Christiansen Amusement will be responsible for providing all the equipment, cleanup, notification, security, electricity, carnival rides and games, vendor booths, and insurance for the event. Christiansen Amusement has provided these services for the City in the past to the satisfaction of PRCSA and Police Department staff and has therefore been selected to continue. In consideration for providing these exclusive rights to Christiansen Amusement, Inc., the City will receive $32,500 for the event. Christiansen Amusement, Inc. will be obligated to obtain all necessary licenses, permits, approvals, and waivers. 25B -1 Agreement with Christiansen Amusement for Carnival Services for the Cinco de Mayo Event March 21, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds will be deposited in the following account for the specified year: Unit Events (no. 01113002 - 53331) Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency FY 16/17 APPROVED AS TO FUNDS AND ACCOUNT: �.� -) - Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Agreement— Christiansen Amusement 25B -2 AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. FOR EVENT PRODUCTION THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between Christiansen Amusements, Inc„ a California corporation (hereinafter "Promoter"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The City will be hosting the annual Cinco de Mayo event May 6, 2017 and May 7, 2017 ( "Event ") for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide event production services to the City for the Event. C. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1I 141#19BE05 Mai:iIceU9 Promoter shall provide event production for the Event complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein. The Event may include set -up the day prior, and clean-up the day following, Flours for the Event shall be Saturday, May 6, 2017, 12:00 p.m. to 12 :00 a.m. and Sunday, May 7, 2017,12:00 p.m. to 10:00 p.m. Promoter is responsible for all equipment, clean- up services, security, electricity, carnival rides and games, vendor booths and insurance for the Event. Promoter shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. 2. FEES/DEPOSITS/PERMITS/LICENSES Promoter agrees to pay the City and City agrees to accept from Promoter a guaranteed fee of Thirty Two Thousand Five Hundred Dollars ($32,500.00) for providing Promoter with the right to produce the Event as set forth in Exhibit A. Said payment to the City shall occur within thirty (30) days of execution of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2017, unless terminated earlier in accordance with this Agreement. 25b -3 4. NON - POSSESSORY INTEREST City retains full possession of the its property and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement: 5. NON - RECORDING Neither party shall record this Agreement. 6. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for the Event. Promoter's accounting system shall conform to generally - accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Event. B. All Promoter's records of revenues and repairs pertaining to the Event referenced herein shall be kept for three (3) years and made available at all times for audit by City upon request. INDEPENDENT CONTRACTOR Promoter 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 not 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 8. INSURANCE Prior to undertaking performance of any work relative to the Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. (See Exhibit B - Additional Insured Endorsement attached hereto). 259 -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 California State law, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than 51,000,000 per accident. D. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter 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. 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, and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the Event Promoter it shall include the name of the City as additionally insured. E. If Promoter fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. Promoter agrces to and shall protect, defend, indemnify and save and hold hamiless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 and Exhibit A 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, 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 258 -5 action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this .Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 10. HAZARDOUS MATERIALS Promoter represents and warrants that its Event production will not generate any hazardous substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance from the Event production, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 11. NUISANCE Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code, or the Santa Ana Municipal Code on the park or carnival areas; and Promoter shall not use or permit any unlawful purpose in the Event production. 12. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Event production in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 13. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 14. TERMINATION This Agreement may be terminated by the City without cause upon fourteen (14) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. P 15. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the tenns, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement, terminate this Agreement and contract with another entity for production of any remaining Event(s). 16. INSOLVENCY OF PROMOTER, The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement. 17. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 18. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 19. CONFLICT OF INTEREST CLAUSE Promoter 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. 20, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shalt 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714-647-6936 Courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 259 -7 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Promoter: Christiansen Amusements 1725 S. Escondido Blvd, Ste. E Escondido, CA 92025 Phone: 760 -735 -8542 Fax: 760 - 735 -8543 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shalt 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. CONTRACT ADMINISTRATOR The Executive Director of Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 22. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit(s) issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California for the operation of amusement rides. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's obligations under this Agreement whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all perrnits and other governmental approvals, required in connection with Promoter's activities hereunder; and update such permits /approvals as necessary. 23. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including Exhibit A, 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 Promoter. Each party to this Agreement acknowledges that no representations, inducements, pronuses or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. P 24. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 personnet or by other operators retained by City. 25, NON - DISCRIMINATION Promoter 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 or in connection with any activities under this Agreement. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 26. 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. 27. PROFESSIONAL LICENSES Promoter 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. Promoter 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 immediate termination of this Agreement. 28. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. A. Each undersigned represents and warrants that its signature herembelow 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. 25b -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4�' Lisa Storck ~ Assistant City Attorney RECOMMEND APPROVAL: Jeannie Jurado, Acting Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CHRISTIANSEN AMUSEMENTS By: Title: Tax ID # 25d -10 EXHIBIT A SCOPE OF WORK Christiansen Amusements PROMOTER shall be responsible for the following: I. PERMITS - PROMOTER shall secure all required permits for the carnival area no later than 30 days prior to each event unless otherwise indicated, including but not limited to: a. Electrical permits for booths and rides. b. Tents and canopies larger than 10 feet by 10 feet as required by the City's Planning and Building Department. c. Health Department permits. d. Orange County Fire Authority Permits including Fire Department approval for booths and rides that may block an entire street thereby eliminating the 20 foot clearance requirement shalt be secured two weeks prior to each Event. II. CLEAN UP - PROMOTER will maintain continuous litter control during the entirety of each Event: a, Provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalk- at any time during Events. b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and/or cooking booths if utilized, including but not limited to the use of grease barrels. c. Provide and pay for contractor approved by City to steam clean sidewalks in front of Lofts on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam cleaning. d. Empty and place a clean liner in all City sidewalk trash cans located in carnival area including 3rd and Bush parking lot, 3rd, Main, Bush and Spurgeon Streets. This is to be done throughout the duration of the 2 -day festival and the Monday following the event before vacating carnival area. III. EOUIPMENT - PROMOTER shall provide all necessary equipment, resources and manpower to develop and produce the carnival. a. Equipment shall include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds each day. b. All equipment, including Porta Potties shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. c. PROMOTER shalt inspect all equipment prior to its use to ensure safety and repair on site as needed. IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure minimal disruption to owners and tenants of the live -work lofts located on blocks bounded by Main Street, 3's Street, Spurgeon Street and I" Street (the "Lofts "), including: a. Blocking off the sidewalks on 31 Street in front of Lofts with chain link fencing with screening to create a private walkway for loft residents. b. Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly. PROMOTER shall photograph the Lofts prior to each Event in order to document their condition prior to each Event and to identify whether or not damage occurred during each Event. 256 -11 c. Compensate Loft owners with pets who choose to board their pets from Thursday through Monday. d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100 /per day. c. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out other logistical activities in such a manner that will minimize late night noise and other disturbances and disruption to Loft residents. V. QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set up or tear down as follows: Friday from 10:00 p.m. through 7:00 a.m., Saturday from 12:00 a.m. through 7:00 a.m., and Sunday from 11:00 p.m. through 7:00 a.m. PROMOTER shall ensure that quiet hours are strictly adhered to by all carnival employees and sub - contactors. VI. EVENT SET UP. Each Event shall include a carnival as follows: a. PROMOTER must secure land use permit for carnival no later than two weeks prior to each event if the carnival will utilize private property for any reason. b. Carnival rides and booths may be set up on Third Street from Sycamore to French, on Bush from Fourth to Third, on the Third and Bush surface parking lot, and on Main Street from Fourth to just north of Second Street or an alternate location approved by SAPD. C. Clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths to be mutually agreed between City and PROMOTER. d. PROMOTER shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from City of any outdoor off -site accommodations within. City limits no later than two weeks prior to each Event. e. PROMOTER may not store equipment on City owned property or City right of way prior to the set up time, without priority approval. Such approval must be requested no later than two weeks prior to each Event if needed. f. PROMOTER staff will not be allowed to sleep inside the Event boundaries. g. PROMOTER must supply restroom facilities for its staff during set up. h. Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. i. PROMOTER may begin set up of rides at 9:00 a.m. Friday prior to each Event on all streets, except Main Street. VII. SECURITY, a. In order to operate the Event on Friday, the PROMOTER shall provide chain link fencing to secure the entrance to the carnival at Bush and Fourth (curb to curb) and at the entrance to the East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m. Friday evening and may be removed when the carnival closes that night.. b. PROMOTER shall provide ane (1) State licensed uniformed security officer at each of the following locations commencing at 6 p.m. and continuing at least until 12:30 a.m. on Friday night: Bush and Fourth: Fourth and the north entrance to the East End Promenade; 'French and Third; Third and Bush; and Main and Third. The officers will follow the direction of the Police Officers assigned to the Event. 259 - -12 c. PROMOTER shall provide two (2) state licensed uniformed guards in the carnival area overnight each day of the Event. Additional provisions for State licensed uniformed guards hired by PROMOTER: i. A minimum of 50% of the Security staff must be bilingual, English/Spanish speaking. Security personnel must wear uniforms distinct from local law enforcement agency. PROMOTER /Security Company shall ensure that all security guards are equipped with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with Santa Ana Police Department (SAPD) and City staff. iv. PROMOTER /Security Company shall ensure that there is one Security Supervisor on site at all times during each Event. V. The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of each Event. vi. Security guards shall not carry weapons, batons, or tear gas. Vii. Security guards shall report only to the Santa Ana Police Department Sgt. in charge of the event or the Recreation and Parks Department Supervisor. viii. Security staff shall contact Santa Ana Police for any criminal activity but may intervene for non - criminal activity such as illegal vendors, rule violations, crowd control, etc. ix. Security personnel shall assist with the following: 1. Ensuring that no vehicles park on streets within the carnival boundaries each day. 2. Preventing vehicles from stopping to drop off equipment. 3. Monitoring specific problem areas identified by Santa Ana Police Department. 4. Monitoring Lofts to ensure that no illegal activity is taking place. 5. Watching for gang members and other criminal activity. 6. Assisting Police Department with closing down the carnival nightly. it 25B -13 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 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 1 With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 12 25B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH VOLCAN ADVERTISING & ENTERTAINMENT AND PROFESSIONAL ENTERTAINMENT FOR PERFORMERS FOR VARIOUS CITY EVENTS {STRATEGIC PLAN NO. 5, 5C} - CITY ANAGER — RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_117 i01Tl4tt� ® As Recommended ❑ As Amended ® Ordinance on 1 at 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 Volcan Advertising & Entertainment to provide entertainment bands or individual performers for city - produced events in the amount not -to- exceed $90,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $90,000 per year, for a total amount not -to- exceed $270,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Professional Entertainment to provide entertainment bands or individual performers for city - produced events in the amount not -to- exceed $20,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $20,000 per year, for a total amount not -to- exceed $60,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide multiple city - produced events throughout the year and recommends entering into agreements with various vendors to provide the necessary equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city - produced events. The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and visitors from Orange County and the Southern California region. The purpose of the events is to celebrate throuah a safe, familv - friendly event that includes: live entertainment. food booths. 25C -1 Agreement with Volcan Advertising and Entertainment And Professional Entertainment for Performers March 21, 2017 Page 2 informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games. The City also hosts several other events such as the 4th of July celebration, Shakespeare in the park and Plaza Navidena. On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for companies to provide entertainment bands or individuals performers for various city - produced events. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more services to evaluate the submitted proposals. The proposals were evaluated based on experience, understanding, capacity and price. The City received three proposals from companies that represent various entertainment bands and individual performers. The results are below. Company Score Volcan Advertising & Entertainment 290 Professional Entertainment 243 Downtown Inc. 216 The City recommends entering into two agreements, one with Volcan Advertising & Entertainment to provide entertainment bands or individual performers for large -scale events and another with Professional Entertainment for various other events. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Accounting Unit FY 16/17 FY 17/18 PRCSA- Recreation (no. 01113230 - 62300) $45,000 $110,000 25C -2 FY 18/19 FY 19/20 $110,000 $65,000 Agreement with Volcan Advertising and Entertainment And Professional Entertainment for Performers March 21, 2017 Page 3 APPROVED AS TO FUNDS AND ACCOUNT: s- Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Agreement — Volcan Advertising & Entertainment 2. Agreement — Professional Entertainment 25C -3 25C -4 AGREEMENT WITH VOLCAN ADVERTISING & ENTERTAINMENT SERVICES THIS AGREEMENT is made and entered into this 21st day of March, 2017 by and between Volcan Advertising & Entertainment ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing advertising and entertainment services for various City hosted events. B. On January 18, 2017, the City issued a Request for Proposals for various event services. C. The proposals were evaluated based on experience, understanding, capacity and price. Contractor's proposal was rated the highest score, therefore, the City recommends entering into an agreement with Volcan. Advertising & Entertaining services for large - scale City hosted events. D. 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 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 advertising and performer entertainment services for large -scale City hosted events. The Contractor will be expected to provide insurance for performers. Additionally, the Contractor will be responsible for any special requests from the performer, The Contractor is also expected to coordinate with various City departments and other contractors associated with the event(s). The Contractor must provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City for each event. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement the total sure of Ninety Thousand Dollars ($90,000) for each annual tenor. The total sum to be expended under this Agreement shall not exceed Two Hundred and Seventy Thousand Dollars ($270,000) for the entire term of the Agreement, including any renewals. Exhibit 1 Paget of 7 25C -5 b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which maybe expected by the City. 3. TERM This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one -year renewal options, by a writing executed by the City Manager and the City Attorney. "MENAW0120901 13ORk CKI7►k9W-WID) 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. S. 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Page 2 of 7 25C -6 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect 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 perforned prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of Page 3 of 7 25C -7 claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the sarne 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 fax 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 Fax: (714) 647-6956 Page 4 of 7 25C -8 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571 -4221 To Contractor: Volcan Advertising & Entertainment 4959 Palo Verde St., Bldg. 203B, Montclair CA 91763 Mailing Address: P.O. Box 828, Pomona, CA 91769 Phone: 909 -629 -5252/ FAX: 909- 629 -1818 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 5 of 7 25C -9 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 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. Page 6 of 7 25C -10 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 LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR Volcan Advertising & Entertainment Name: Title: Page 7 of 7 25C -11 25C -12 AGREEMENT WITH PROFESSIONAL ENTERTAINMENT THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between Professional Entertainment ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing entertainment services for various City hosted events. B. On January 18, 2017, the City issued a Request for Proposals for various event services. C. The proposals were evaluated based on experience, understanding, capacity and price. Contractor's proposal was rated the second highest score, therefore, the City recommends entering into an agreement with Professional Entertainment for performer entertainment services for City hosted events. D. 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 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 performer entertainment services for City hosted events. The Contractor will be expected to provide insurance for performers. Additionally, the Contractor will be responsible for any special requests from the performer. The Contractor is also expected to coordinate with various City departments and other contractors associated with the event(s). The Contractor must provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City for each event. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement the total sum of Twenty Thousand Dollars ($20,000) for each annual term. The total sum to be expended under this Agreement shall not exceed Sixty Thousand Dollars ($60,000) for the entire term of the Agreement, including any renewals. Exhibit I Pagel of 7 25C -13 b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. 3. TERM This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one -year renewal options, by 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Page 2 of 7 25C -14 b. Business automobile 'liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for wor'ker'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 51,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or relbses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of Page 3 of 7 25C -15 claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section '1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns 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 terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 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 mid 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 fax 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 Fax: (714)647 -6956 Page 4 of 7 25C -16 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571 -4221 To Contractor: Professional Entertainment Consultants Dan Haley 6722 Timaru Circle Cypress, CA 90630 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 5 of 7 25C -17 1.2. 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. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. Page 6 of 7 25C -18 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: c� �,,� "'t• °l� LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR. Professional Entertainment Name: Title: Page 7 of 7 25C -19 25C -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH Al EVENT & PARTY RENTAL FOR EQUIPMENT RENTAL SERVICES FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5, 5C) 1 i °Ire* 1. tC RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_1S:2001TAA 7 0 As Recommended 0 As Amended 0 Ordinance on tat Reading 0 Ordinance on 2 "a Reading 0 Implementing Resolution 0 Set Public Hearing For® CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Al Event & Party Rental for equipment rental services for city- hosted events in the amount not -to- exceed $150,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $150,000 per year for a total amount not -to- exceed $450,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide multiple city - produced events throughout the year and recommends entering into agreements with various vendors to provide the necessary equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city - produced events. The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and visitors from Orange County and the Southern California region. The purpose of the events is to celebrate through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games. The City also hosts several other events such as the 4th of July celebration, Shakespeare in the park and Plaza Navidena. On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more services to evaluate the submitted proposals. The proposals were evaluated based on experience, 2513-1 Agreement with Al Event and Party for Equipment Rental Service for Various City Events March 21, 2017 Page 2 understanding, capacity and price. The city received four proposals for equipment rental services. The results are below. Company Score Al Party Rental 300 Classic Rental 257 AIIStage 240 Universal Waste Systems (UWS)* 50 *UWS's proposal was limited to portable restroom rental and trash receptacles The City recommends entering into an agreement with Al Event & Party Rental for equipment rental services. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Accounting Unit FY 16/17 FY 17/18 PRCSA- Recreation (no. 01113230- 62300) q Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency EXHIBITS: 1. Agreement —A1 Party $150,000 FY 18/19 FY 19/20 $150,000 $80,000 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25D -2 AGREEMENT WITH Al PARTY RENTAL TO PROVIDE PROVISION, INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR VARIOUS CITY EVENTS THIS AGREEMENT is made and entered into this 2151 day of March, 2017 by and between Al Party Rental ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing various equipment for various City hosted events. B. On January 18, 2017, the City issued a Request for Proposals for various event services. C. The proposals were evaluated based on experience, understanding, capacity and price. Contractor's proposal was rated the highest score, therefore, the City recommends entering into an agreement with Al Party Rental for equipment rental services for various City events. D. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment for City hosted events. City may request additional equipment or services during the term of this Agreement at City's sole discretion. Said request shall be made and approved 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. There will be a penalty applied to the Contractor for not meeting the mutually agreed event schedule at $500 per deficiency, such as timeliness. The Contractor will not be responsible for any deficiency as a result of City action or acts of God, such as weather. Page 1 of 7 25D -3 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services One Hundred and Fifty Thousand Dollars ($150,000) for each annual term. Contractor shall be paid for services performed under this Agreement at the rates and charges identified in Exhibit A to this Agreement. The total sum to be expended corder this Agreement shall not exceed Four Hundred and Fifty Thousand Dollars ($450,000) for the entire term of the Agreement, including any renewals. b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. 3. TERN[ This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one -year renewal options, by 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 Page 2 of 7 25D -4 of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement slid shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation Page 3 of 7 25D -5 and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 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 Linder 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 Page 4 of 7 25D -6 mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 With copies to: Santa Ana, CA 92702 -1988 Fax: (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 Fax: (714) 571-4221 To Contractor: Al Party Rental 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ FAX: (626) 967 -7572 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 patty, which are not embodied herein. Page 5 of 7 25D -7 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 6 of 7 25D -8 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 1M MARIA D.HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. c LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR Al Party Rental Name: Title: Page 7 of 7 25D -9 PARTY EXHIBITA Iff] Status: Quote Quote #: g18609 CELEBRATE WITH STYLE 2S1 E FRONT STREEET Fp 666. ye'ry7 2%6 Event Beg: Fri S /5/2017 7:OOPM COVINA, CA 91723 Event End: Sun5/712017 9:30PM AIPARTYRENTAL.COM F 626.967.7572 Operator: Herrera, Valerie CITY OF SANTA ANA PARKS & REC 714. 9714258 Phone 20 CIVIC CENTER PLAZA Job Descr: CINCO DE MAYO EVENT 618 & 517 SANTA ANA, CA 92701 Ordered By: JOSE ROMO Salesman: RENE MARTINEZ Delivery and Pickup Delivery: Fri5/5/2017 7:OOPM Contact: BILL SANDOVAL Pickup Date: Sun 5/712017 9:30PM Phone: 714 -571 -4227 Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY ; SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/5 7PM MUST BE READY BY 7AM PICK UP: SUN 517 BE THERE AT 9:30PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER IS RESPONSIBLE FOR ALL SAFETY PACKAGES, city Items Rented Disc Amt /Disc( Disc% Each Price VENDOR BOOTHS 15 BOOTHS CANOPY, 10'X10', PAGODA. GREEN/WHITE $80.00 $1,200.00 ,s> 15- 10'X 10' X 8' GREEN & WHITE PAGODAS «" 15 CANOPY, 10'X10', PAGODA, REDPIVHT i $80.00 $1,200.00 »> 15- 10% 10' X 8' RED & WHITE PAGODAS«" 18 CANOPY, 10'X10, PAGODA, WHITE $80.00 $1,280.00 »> 16- 10' X10' WHITE PAGODAS «< MUST BE INSTALLED ON LEVEL GROUND. 160 CANOPY, HARDWARE, BASE STEEL $2.00 $320.00 35 SIDEWALL, 8'X10', WHITE $15.00 $525.00 4 SIDEWALL, 8'X10', MESH WINDOW WHITE $27.50 $110.00 #3.6 BOOTH- FULLY ENCLOSED WITH MESH 16 SIDEWALL, 8'X10', SOLID MESH BLACK $27.50 $440.00 BOOTHS 3 -6 ENCLOSED & F6 2 SIDEWALL, 8'X10', MESH WINDOW WHITE $27.50 $55.00 #F6 BOOTH 86 TABLE, 8'X 30" j $8.70 $748.20 1 PER BOOTH -- 12 HOAG HOSPITAL 1111 MUST BE INSTALLED ON LEVEL GROUND: BE KWIK COVER18'WHITE $3.95 $339.70 COVERS FOR VENDOR TABLES 161 CHAIR, SAMS, IVORY $1.00 $181.00 2 PER BOOTH -33- HOAG HOSPITAL 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, 20OW ORTS $11.00 $330.00 30 ELEC, CORD 25' $5,50 $165.00 75 LIGHT, STRING FESTIVAL YELLOW $7,50 $562.50 15 -- STRINGS 10 ELEC, CORD 50' t $0.00 $0.00 15 ELEC, CORD 25' $0.0 $0.00 _ GREEN CORDS FOOD BOOTHS 14 CANOPY, 10X10, PAGODA, WHITE $80.00 $1,120.00 »7 - -10'X 20'X 8'1« MUST BE INSTALLED ON LEVEL GROUND. Store Hours Mon - Fri 9:00a4:00P Sat 10:00a -2:OOP Modification # 3 Printodon F,Iffi4Bell 928:24AM software by Print- ofRental Software www.polnbaf rentarrarb Contoni- Pawrrorpt(14) 25D -10 Quote #: 818609 CITY OF SANTA ANA PARKS & REC Page 2 of 8 - _.....___....,.,.,..m ., City Items Rented Disc Amt l Disc% Disc% e.Lh Price 42 CANOPY, HARDWARE, BASE STEEL -�m $2.00' $84.00 6 BASES PER BOOTH 28 FENCE, PICKET 3'X8' WHITE $15.00 $420,00 56 DRAPERY, HARDWARE, 3' UPRIGHT i $0.00 $0.00 9 CANOPY, HARDWARE, BASE STEEL $2.00 $18.00 24 LIGHT, 20OW ARTS $11.00 $264,00 17 ELEC 30AMP OUTLET $35.00 $595.00 8- US ARMY S. FOOD BOOTH 7 SIDEWALL, 6'X20' WHITE PTM TARP $0.00 $0.00 FOR FOOD BOOTHS HOT & COLD SINKS 900 SPECIALTY PARTY EQUIP $1.75 $1,575.00 »> 900 -FENCE FOR MAIN STAGE - FREE STANDING FENCE «< INSTALL FENCE AT 4A to 85 CANOPY, HARDWARE, SAND BAGS $3.00 $255.00 25 SIDEWALL, 6X20' WHITE PTM TARP $20.00 $500.00 »> SCREENING FOR FENCE n< >�> 50V OF 6' NIGH PTM TARPS «< 1 DELIVERY /PICKUP $800,00 $80000 DELIVERY I PICKUP FOR RESTROOMS & SINKS 1 LABOR $3,500.00 $3,500.00 RESTROOM SERVICE -- INCLUDES SAT AM (CARNIVAL. AREA) & SUNDAY -- COMPLETE PUMP OF WASTE TANKS AND REFILL WITH FRESH WATER FOR SINKS 3 SPECIALTY SINK HOT &COLD $600,00 $1,800,00 »> 3 -3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED «< 12 SPECIALTY PARTY EQUIP $100.00 $1,200.00 12- EXTRA WATER TANKS -- 4 PER SINK ( 6 FRESH & 6 WASTE PER SINK) 30 SPECIALTY TOILET $80.00 $2,400.00 G- FOR SAPD - -MAIN STREET - -- 8 PER AREA-- - 3 SPECIALTY TOILET ADA $125.00 .$375,00 6 SPECIALTY SINK COLD $60.00 $300.00 » 5 - TWO STATION COLD SINK «< ( I -Q 4TH & SPURGEN FOR SIERRA MIST) 3 SPECIALTY SINK HOT &COLD $255,001 $765.00 »>3- HOT &COLD SINKS «< 6 CANOPY, 10'X10, PAGODA, WHITE $80.00 $480.00 »> 3- 10'X 20'X S PAGODAS - -OVER HOT /COLD SINKS «< MUST BE INSTALLED ON LEVEL GROUND, 24 CANOPY, HARDWARE, BASE STEEL. $2001 $48.00 8 SIDEWALL, B'X20' WHITE $30,00 $240.00 8- 30' SECTIONS 8 SIDEWALL, B'X10', WHITE $15.00 $120.00 6 LIGHT, 200W ORTS $11.00 $66,00 6 ELEC, CORD 25' $0.00 $0.00 6 TRASH CAN, STANDARD RD 32 GAL WILINER $10.85' $65.10 SUPPPORT 3 SPECIALTY PARTY EQUIP � $20.04 $60.00 GREASE BARRELS- 1 AT EACH 3 COMPARTMENT SINK -1 AT EACH 14X20 CANOPY I 4 SIDEWALL, 8'X10'. WHITE PTM TARP I $15.00 $60.00 »> FOR UNDER GREASE BARRELS «< i 1 SPECIALTY FORKLIFT $1,200.007 $1,200.00 MAIN STAGE 7 TABLE, ROUND, 30" $8.50 $59.50 MUST BE INSTALLED ON LEVEL GROUND, 7 TABLE, CKTL, 42" LEG $2.50 $17.50 3 LINEN, RED, GARDEN, 120" t $14,50 $43,50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 3 LINEN, KELLY, GARDEN, 120" $14.50 $43.50 1 LINEN, WHITE, GARDEN, 120" $14.50 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 21 SARSTOOL, BLACK SWVAL $9.001 $189.00 2 COOLERS, ICE CHEST, IGLOO 150 QT. ( $15.00f( $30.00 2 FAN, 30" PEDESTAL $30.00 $60.00 6 TABLE, 8' X 30" 1 $8.70, $52.24 MUST BE INSTALLED ON LEVEL GROUND. 2 LINEN, RED, TBLDRP, 8' � E $19001 i $38.00 Store Hours Mon - Fri 9:00a -5:00p Set 10:OOe -2.00p Modification # 3 Printed On Ftl 2/2412017 9,24 24AM Software by PonR- o6ROntal s ftoe www.poin4of -rental corn CWoa P..soTt (14) 25D -11 Quote #: g18609 CITY OF SANTA ANA PARKS & REC Qty Items Rented Disc Amtl Disc% Disc% 2 LINEN, KELLY, TBLDRR 8' 2 LINEN, WHITE, TABLEDRAPE, 8' 800 A$TRO TURF, BLACK SO. FT. "120%40' «, 1 CANOPY, 20'X20', EXPANDABLE, WHITE, KWIK 20' X 40'X 8' WHITE CANOPY 1 MIDDLE, 20'X20', WHITE 6 CANOPY, HARDWARE, WATER BARREL 55GAL 6 CANOPY, HARDWARE, WATER BARREL COVER 55G 66 CHAIR, SAMS, IVORY SET UP IN FRONT OF STAGE— 3 ROWS OF 22 -- MUST BE SET UP & ZIPTIED 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 DRESSING R ® ®IVIJ i CANOPY, 10'X20', EXPANDABLE, WHITE, KWIK »> i - 10'X 40'X 8' W14 WALLS «< 2 MIDDLE, 10'X10'WHT KWIK 8 CANOPY, HARDWARE, BASE STEEL 5 SIDEWALL, B'X20' WHITE 3 SIDEWALL, 8'X10', WHITE 8 LIGHT, STRING FESTIVAL YELLOW 20 TABLE, 6' X 30" 20 KWIKCOVER/6'WHITE DRESSING ROOM TABLES 4 SPECIALTY TOILET 2 SPECIALTY PARTY EQUIP 2, TWO STATION HAND WASHING SINK 60 CHAIR, SAMS, WHITE »> STAGE AREA "I 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 1 LADDER 6' 1 CLOTHES RACK 30 SPECIALTY PARTY EQUIP 30- HANGERS -- __„__,_ ELECTRICAL IPOWER DELIVER FRIDAY 5 AM 1 GENERATOR,125KVA MQ POWER WHISPERWATT 1 GENERATOR,70KVA MQPOWER WHISPERWATT I.. JYGkIHL 1 NHrt.l. 1. C4V r' _... »> I - 70KVA GENI'S «< 1 SPECIALTY GENERATOR 50 KVA -- BEER GARDEN 1 FUEL FOR GENERATORS GENNY FOR BEER GARDEN 15 ELEC 20AMP OUTLET 8- 20 AMP OUTLETS ( DISNEY) 10 ELEC 30AMP OUTLET 220AMP OUTLET FOR SAPD 4 ELEC, 50AMP TWISTLOCK W/ 50AMP 50 AMP OUTLETS 220 VOLT 1 ELECTRICAL DISTRIBUTION SYSTEM >>> 136. 20 AMP OUTLETS «< »> STAGE POWER HOOKUPS «< »> 40 AMPS PER FOOD BOOTH c,< 100 ELEC, T CABLE RAMP 5 CHANNEL 1 FUEL FOR GENERATORS ,,> COST TO REFUEL GENERATORS e< ,FINAL T.B.D. 32 SPECIALTY PARTY EQUIP »> 32 - WALKIE TALKIES W/ HEADSETS & BATTERIES & CHARGER «, DELIVER FRIDAY 6 AM Store Hours Mon - Fri 9:00-5:00p Sat 10:00a -2:00p PONO Or Fri 2124/2017 B 28 24A Software by Point- oLRental ea0ware www.polnt- ormntal.com 25D -12 $1 Page 3 of 6 Price $38.00 $36.00 $384.00 $220.00 $209.00 $90.00 $30.00 $105.60 $165.00 $190.00 $1200 $150.00 $45.00 $352.00 $168.00 $40.00 $320.00 $120.00 $60,00 $15.00 $0.00 $16.65 $0,00 $60040 $800.00 $600.00 $600.00 $200.00 $525,00 $360.00 $400.00 $3,600.00 $1,200.00 $2,500.00 $1,056.00 Codification# 3 COnlMd- ParamSlpi(14) Quote #: g18609 CITY OF SANTA ANA PARKS & REC Page 4 of 8 mmm Qty Items Rented Disc Amt! Disc% Disc% Each Price ..�. 4 LABOR $700.00 $2.80000 »> (2) Al MEN SAT 6AM - 9PM NEED MULE « >>> (2) Ai MEN SUN 8AM - 8PM NEED MULE « 2 ELEC, 50AMP TWISTLOCK Wl SOAMP $100.00 $200,00 - FOR MANNY Al USE 80 FENCE, CHAIN LINK 6'H X 10'W $1.00 $80.00 » 80' OF & HIGH FENCE «< CHECK IN Sth & MAIN 1 CANOPY, 10'X10, PAGODA, WHITE $80.00 $80,00 »> 10'X10'X8' aa< MUST BE INSTALLED ON LEVEL GROUND, 4 CANOPY, HARDWARE, BASE STEEL $2.00 $8.00 1 TABLE, 8'X 30" $8.70 $8.70 MUST BE INSTALLED ON LEVEL GROUND. 1 KWIK COVER18'WHITE $2.00 $2.00 CHECK IN 4 CHAIR, SAMS, IVORY $11 $400 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 STAGE -CITY COUNCIL 40 CHAIR, SAMS, WHITE $100 $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 j BEER GARDEN -SEE CONTRACT #22232 COMMAND POST 4 TABLE, 8' X 30" $8.70 $34.80 MUST BE INSTALLED ON LEVEL GROUND, 12 CHAIR, SAMS, WHITE $1.00 $12,00 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 - -- GREEN ROOM #1 --- I CANOPY, 15'X15', WHITE, KWIK $170.00 $17000 i- IS' X 15'X B' WHITE CANOPY 4 CANOPY, HARDWARE, BASE STEEL $2.00 $800 3 51DEWALL, 8'X20' WHITE $30.00 $9000 4 LIGHT, LED PAR•CAN $35,00 $140.00 2 ELEC, CORD 50'MULTI BLACK $0.00 $0.00 2 CHAIR, POLIWOOD, WHITE $2.60 $5.20 225 ASTRO TURF, BLACK SQ. FT. $0.48 $108,00 1 -15'X 16TURF 225 ASTRO TURF, LABOR INSTALL SOFT $0.16j1 $3600 1 TABLE, 6' X 30" $8.40{ $8.40 2 LINEN, BLACK, TABLEDRAPE, 6' $19,251 $38.50 1- EXTRA FOR SUNDAY i COOLER, EVAPORATIVE OSCILLATING $250.00: $250.00 1 ELEC, CORD 50' $0.00 $0.00 1 WATER HOSE 100' $0001 $0.00 2 LOUNGE, LOVESEAT, WHITE, $137.501 $275.00 1 TABLE, COFFEE WHITE 35"X22" $38.501 $38,50 1 TABLE, SIDE WHITE 22 "X22" $30.001 $3400 GREEN ROOM # 2 - -- € 1 CANOPY, 16'X15', WHITE, KWIK $170,00 $170.00 1- 15' X 15' X & WHITE CANOPY 4 1 CANOPY, HARDWARE, BASE STEEL $2.001 v $000 Store Hours Mon - Fri 9:08-5 OOP Sat 10:002 -2:00p Modification # 3 Printed On`62124!201/ 82824AM epirviere by PON4oRRentel Bblw9ee wwwpolnbolnental.mm Obntreol- Pamme.rpt(14) 25D -13 This is a Quote Only. Thank you for the opportunity to assist you on your special event we greatly appreciate your business. By signing this quote you agree and acknowledge the Reservation Policy and Terms & Conditions. Quotes are valid for up to 30 days, price are subject to change at any time. Thank you -- Store Hours Mon -Fri 9:00a -5:00p Sat 10:00a-2:00p Modification # 3 PMted On Fd 22412017 9:28 24M Bofiwate by Poinbo6RenW Wwore www. poln4of.rental.com ContMetl Paamsrpt (14) 2501-14 Quote #: g18609 CITY OF SANTA ANA PARKS & REC Page 5 of 6 n .w mPrice Qty Items Rented m Disc Amt I Disc% Disc% Each m 3- SIDEWALL, 8'X20' WHITE $30.00 $90.00 4 LIGHT, LED PAR -CAN $35.00 $140.00 2 ELEC, CORD 50'MULTI BLACK $0.00 $0.00 2 LOUNGE, SECTIONAL, WHITE, 5 PC $$00.00 $600.00 1- SET FOR EACH GREEN ROOM 2 LOUNGE, SOFA, WHITE, LEATHERETT, CRNR RT $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETTE, MID $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETT, CRNR LF $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETT, END RT $0.00 $0.00 2 LOUNGE, SOFA, WHITE, LEATHERETT, END LF $0.00 $0.00 2 TABLE, COFFEE WHITE 35 "X22" $25.00 $50.00 225 ASTRO TURF, BLACK SQ. FT. $0.48 $108.00 1 -15' X 15' TURF 225 ASTRO TURF, LABOR INSTALL SC/PT $0.16 $36.00 1 COOLER, EVAPORATIVE OSCILLATING $250,00 $250.00 1 ELEC, CORD 5(T $0,001 $0.00 1 WATER HOSE IOD' $0.00 $0.00 2 TABLE, ROUND, 30" $9.35 $16.70 MUST BE INSTALLED ON LEVEL GROUND. 2 TABLE, CKTL, 30" LEG $0.00 $0.00 4 LINEN, BLACK, GARDEN, 90" $10.75 $4100 2- EXTRA FOR SUNDAY 8 CHAIR, POLIWOOD, WHITE $2.60 $20,60 4 TREE, PALM 7', ARECAARTIFICIAL i $0.00 $0.00 - -- CHECK- IN VIP - ---- 1 CANOPY, 10X10, PAGODA, WHITE 580.00 $80.00 1 -10' X 10'X e' WHITE PAGODA MUST BE INSTALLED ON LEVEL GROUND. 4 CANOPY, HARDWARE, BASE STEEL $2.00 $8.00 1 SAFETY PACKAGE, CANOPY $303.10 $303.10 3 CANOPY, HARDWARE, SIGN, EXIT LIGHTED $0.00 $0.00 3 ELEC, CORD 25' $0.00 $0.00 3 CANOPY, HARDWARE, SIGN, NO SMOKING,NOU1 $0.00 $0.1)0 25 CANOPY, HARDWARE, FIRE EXTINGUISHER $0.00 $0.00 $100.00 REFILL FEE WILL BE CHARGED IF EXTINGUISHER IS DISCHARGED. 1 Delivery/Pickup $600.00 $600.00 1 LABOR $1,200.00 $1,200.00 FRIDAY NIGHT INSTALLATION & SUNDAY PICKUP This is a Quote Only. Thank you for the opportunity to assist you on your special event we greatly appreciate your business. By signing this quote you agree and acknowledge the Reservation Policy and Terms & Conditions. Quotes are valid for up to 30 days, price are subject to change at any time. Thank you -- Store Hours Mon -Fri 9:00a -5:00p Sat 10:00a-2:00p Modification # 3 PMted On Fd 22412017 9:28 24M Bofiwate by Poinbo6RenW Wwore www. poln4of.rental.com ContMetl Paamsrpt (14) 2501-14 Quote #: 818609 CITY OF SANTA ANA PARKS & REC Signature: CITY OF SANTA ANA PARKS & REC Store Hours Mon - Fri 9:00a -5:00p Sal 10:00a -2:00p Printed On N 2124/2017 9 28 24ANI 9oftwareby Ponror- Reno[SoRware www.polnFOPrentnitom 25D -15 Page 6 of 8 Rental: ( $44,962.45 CA BUS: ( $2,986.86 Sales: I $3,763.70 Delivery Charge: I $800.00 Subtotal: Sales Tax: ` $313.36 j Total: $62,606.96 Paid: $0.00 Amount Ean -i ,806.06 Modlfioatlon R 3 Conuac4Params.rpl (1J7 25D -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH PYROSPECTACULARS FOR THE FOURTH OF JULY FIREWORKS SHOW {STRATEGIC PLAN NO. 5, 5C} I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 011 4 � * R ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Wearing For [sZolZNlg[II��L7 +7 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with PyroSpectaculars for the Fourth of July fireworks show in the amount not -to- exceed $20,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $22,000 per year, for a total not -to- exceed $64,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In preparation for the 2017 Fourth of July Celebration at Centennial Park, the City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide this city - produced event. The Fourth of July event brings in approximately 7,000 participants. The event will have games and attractions, such as inflatable jumpers, obstacle sources, face painting, children's raffle, arts & crafts and a video game booth. Other attractions will include cannon shots, live entertainment and a fireworks show. Groups involved in the event are the Santa Ana Unified School District, Santa Ana Public Library, Santa Ana Youth Civic Engagement, CERT (Community Emergency Response Team), Santa Ana Active Streets, United Mexican American Veteran's Association and Police Explorers. On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more services to evaluate the submitted proposals. The proposals were evaluated based on experience, understanding, capacity and price. The city received one proposal for pyrotechnic services. PyroSpectaculars provided the Fourth of July fireworks show on Fourth of July 2011 and since Fourth of July 2014. The company has met their contractual obligations for the previous agreements. 25E -1 Agreement with PyroSpectaculars for the Fourth of July Fireworks Show March 21, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Accounting Unit FY 16/17 FY 17/18 FY 18/19 FY 19/20 PRCSA- Recreation (no. 01113230 - 62300) $10,000 $20,000 $22,000 $12,000 Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency EXHIBITS: 1. Agreement— PyroSpectaculars APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 RFP NO.; 17.014 Pyre Spectaculars, tile. City of Santa Ann P.O. Box 2329 Program #A, Rev, # 3 Rialto, CA 92377 July 04, 2017 Tel: 909. 355 - 8120:::: Fax: 909. 355 -9813 page I o1`5 PRODUCTION AGREEMENT (Special) This agreement ("A.givument") Is made this ._____day of �__....�._....,� l7 by and between Pyro Specracalma, Inc., a California corporation, hereinafter referred to as ( "PYRO "), and City of Santa Ann, hereinafter referred to as ( "CLIENT "'). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. I. J,;qUg' tp�t - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ( "Production'), cord PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially us outlined in Program "A:', attached hereto and incorporated herein by this reference, IA 1' D ties — PYRO shall provide all pyrotechnic equipment, trained pyrotecladviians, Shipping, pyrotechnic predicts, application for specific pyrotechnic purmits (the oust of which, including standby fees, Avill be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be peribrmed its more specifically set forth below in this Agreement and in the Scope of Work (`Scope of Work "), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein. 1.2 �1FJq_:.l_P.RLr,Y- CLIENT shall provide to PYRO a sult'able site ( "Site') for the Prodtwtior, security for the Site asset Platt in Paragraph d hereof, access to the Site, any permission necessary to tittlize the Si to far the Production, and the other things oil its part to be performed as more specifically set forth below in this Agroomont and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions ofthe Site shall be the responsibility nfCLIENT, Including, but riot limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. ;I;ip„a,' n 'I:rnc -'The Production shall take place on Lifly044 1, at approximately 9.00 nm, at 'u i da Rc donut 1"nJ;jW„ oeCcr Iletd jv0jj o ptark, 4dr lcw„�,I,a &—luAall. LA, Site 3. ftg&jnj) 3.1 fU CL IEN "r agrees to pay PYRC) a Pau of ,?,dl,,gy,Q,Qq LSD {'fN[sN`P 1 )SANfI,- I)f�„( n [t5i ( "Pee") i6r floe Penduetion, CLIENT shall pay to C +YILO S 0000 US(7 [I'6�,YI , °Pr1t?LI4,tN1) (},. L L IE,. n1, 1 pun plira cstinrarcel peratlt and smttdby fees, spucitTwl prutluatiotr coat's, and other regulatory costa.appruxtmnlcd at 11 ,,110 (,)R an amount to tic tlatarnduad, liar n tuCnl ol'$J,3l,,tll�it,91j, as n dupuait ( "CJepaslt "}upon flay cslieution ofthis Agreement by both parties but no later than rri)„I,)4. alat7. 1 "ho balance of the Fee s11 11 he plod uo later lima. tai 05 2 r7. CLfBN'T nuthnriz<s PYRO to receive and verily on:dlt and financial Info•matiotaoncornmg CLI EMT from any nguncy. Ituraaa or cuffs including but not Iinritcal to arudil' reporting aganairs. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to pyre, inset i'orth hi Itamgrxiph 20. N +rt +vithstiin1 1r arty other provision in this Agreement, it is understood and agreed that CLIENT agrees to pay, and PYRO aSm s m 111.12 Is total in ain't fbr services lbr ChII'iNT, the ones; fees and charges inalentficll in COMPENSATION 11X1iIifiT B, attached hernia an0 irwurpd"nod Intothis Agrutlntent Izp dos ratiirutcc, in an amount not to exceed .$2Z(1010,00 USI) (TWENTY =TW0 TLIOUSAND DOLLARS) for each Produalion, over the onto, life rrftire Aitraetire, inchtding any renewed period(s), 3.2 CLIE:NI'shall have the option to "tend this Agreement for two (2) additional t -year extensions Far hdy4,2018, and.hily4,2019, Ifthc Agreement is dxtenrlud after the first yen•, CLILN1' agrees to pony PYRO a fcopot to euCeod $22;(IQ0.00 USI) ('rWr3N 'rY- 9'WO'T'C40118AND DOLLARS) for eaelo Productiao. Thu Parlice agrco than irtiunncial resnurecs ere nit nvailabW to CLIENT for either orthe a dditioml Productions, 0LII3NT has the option to cancel tine Production upon notification to PYRO in writing at least 90 days prior to the schoduled date of the Production. 33 I to - In the event tlmt the Tae is not paid in cannily manner, CI..IENT will be responsible for the payment of I S% interest per month or I S %annually on the unpaid balance, if litigation arises out ofthis Agrccment, the provailing patty shall Wounded to reasonable costs incurred In connection with the litigation, including, but not limited to eannteys' fees, 3A D' UaS nSy.— PYRO shill pay all normal expenses directly related to the Production including freight, lasuance as outlined, pyrotechnic Products. pyrotechnic equipment, experienced pyrotechnic personnel to set up mod discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in Ire Scope of Work. CLIENTshall pay all arses related m the production not supplied by PYRO including; but not limited to, those items unlined as CLIENT's responsibility in this Agreement and Scope of Work. 4. r • t SSU,peJ.Jtth.tx - PYRO represents and warrants tlmt it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIEN9' -owned mntarial or third - party -owned material that his been included in the Production, and as to such CLfENt' -owned and third - party- owned material, CLIENT atysumes fall responsibility thcrcliam CLIENT agrees that PYRO strait retain ownership of, and all copyrights and others ights to, the Production, except that PYR0 shall not acquire or retain any ownership or other rights in or to CLI I"'N'r- owned material and thad-proy -owned mntcrinl and shhall native responsible (n any wily for such ntaksial. !I'appiiutbla, CL.IL'•NT oo nnalls to the use of CLIHN'l %owned material and represents tot it has or will obtain Ally permission tiom approprine third parties sufficienl tie mrthorixo public ukhibitlon of any such material in connection with this Production. PYRO reserves the uwlamhip rights in its trade names that tare used in or are a product of tire production. Any reproduction by sound, video or other duplication or according process wltheal the express written permission of PYRO is prohibited. 5. S"- PYRO cud CLIENT shall each comply with opplicablo federal, ante and local laws and regulations and employ Solely programs and Iveasnires consistent with recagnlzcal applicnbie hrdusny shnuinrds nml prttctiees. At all tfmcs before and during the ProductioL it shalt be within VYRO's stile distal tion to determine whether or not the Production mvy be safely discharged or emotional. it shall not constitute a trench of this Agreement by PYRO for fireworks to not or mal'hmciioin, or for PYRO to determine that the Production cannot be discharged or contained as it result of tiny conditions or GINUtl atances affecting safety beyond tine reasonable control ofPYRO. b. ,fir, }"pp{ty, - CLIENT shell provide adequate sua,trhy personnel, barricades, and Police Doparuncnt services as may be necessary to preclude individuals other than those authorized by PYRO f oat entering nn tree to be designated by PYRO as the area oil [tic set -up and discharge of the Production, malted ing a fill [out area r atslhctary to I VRO whore tiro pyrotechnics mny safely rise anal any debris Wray safety fall. PYIto shall have no responsibility for aiumitoring or controlling CLIT_NI "s other aonuaarors, providers or volunteers; (Ice public; areas to which the public or contractors have access; or any other public or contractor tttcilides associated with the Production. �•,',] PS 1-2e EX k -3 RPP NO,: 17 -01,1 Pyro Spectaculars, lne. City of Santa Ann P.O. Box 2329 Program #A, Rev, # 3 Rialto, CA 92377 July 0,1, 2017 Tel: 909 -355 -8120 :::: Pax: 909. 355-9813 Page 2 of'S 7. Cle anup - PYRO shall be responsible for the rernovad of all equipment provided by PYRO and clean up crony live pyrotechnic debris made necessary by PYRO, CLIENT shall be responsible for any other clear up which may be required orthe Production ar sat -up, discharge and fallout areas including any environmental clean -up. $, tar Ill ,v- PYRO agrees to apply for permits for the firing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, FAA, and USCG, ifrequin'ed, CL1EiJ -P shall be responsible for any fees associated with these pannits Including sundry fees. CLIENT'shall be responsiblo For obtaining any other necessary permits, paying associated fees, land making other appropriate arrangements Rir Police Departments, other Fire Departments, road closures, event/aetivity or land Ilse permits or any permission or permit required by any Local, Regional, State or Flahoral Government, 9. r. IIA tycg - PYRO shall at all limes during Elio port'onnatao of services herein ensure that the following asurance is maintained in connection with PYRO's performanoc of dos Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability Insurance, (3) workors' compensation insurance and employer liability Insurance, Such Insurance is to protect CLIENT from claiins for bodily injury, Including donut, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. 'file types and amounts of coverage shall be as set forth in the Scope of Work. Such insuranco shall not Include claims which arise treat CLIENT's negligence or willful conductor from failure ol'CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The covvrugo or (base policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shell be furnished to CLIENT prfur to the rendering ofservices hereunder and shall include that the following ore named as additionally insured: CLIENT; Sponsors, Landowners, Surge Owners, irany; and Permitting Authorities, with respect to rho operations of PYRO at Elio Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance ruqubad hereby, shall secure, maintain and provide thch own insurance coverage with rupeot to their respective operations and services. Pyro shall give written notice to CLIENT within rive (5) business days ofgiving or receiving notice of material alteadion, cancellation, non renewal or expiration of coverage from carrier. 10. it dgI nn 0 • Im • PYRO represents and warrants that it is capable of furnishing the necessary oxperharo, personnel, Cqulpon at, materials, providers, and expertise to produce the Production In it safe and professional annular. Notwithstanding anything in this Ancoment to the contrary, PYRO shall utdannify, hold harmless, and defend CLIENT and ilia additional insureds from and against any and all clahns, actions, damages, liabilities and expenses, including but not limited to, aurrmay and other professional too$ and court costs, in connection with the loss of life, personal injury, and /or damage to property, arising front or Out of the Production and thtt presentation thereof to the extent such are occasioned by tiny net or moisslon of PYRO, their officers, agents, contractor's, providers, or employees. CLIENT shall indmurdfy; hold haanles% and defend PYRO than and against any and rill claims, actions, damages, liability and expanses, including but not limited to, fromney and other professional fees and count costs in connection with the loss of life, personal Injury, and /or damage to property, arising from Of our' orthe Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT. Its of call, agents, contractors, providers, or employees. In no event shall either party be liable fordnc oonscqucntlal damages of the olher party. I h hlnrlf10jpp,gr [Y a n& inn ),,rt i ar x liretrgj - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond ilia anoint CLIENT has paid to PYRO under this Agrocmenf, and shall not be entitled to oluine or recover any consequential damages from PYRO including, without lillotation, damages for loss of income, business or profits. 12. EaLea M1tnicnre - CLIENT agrees to assume the risks of weaale r, strike, civil unrest, terrorism, military action, governmental action, and any other valises beyond the control of PYRO which may prevent the Production firm being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect Or damage such portion of ilia exhibits its must be placed and exposed a necessary time Dottie tine Production, If, for any such reason, PYRO is not reasonably able toaalely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) resohodule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel ilia Production and pay PYRO such suers as provided !it Paragraph 14, based upon when the Production is canceled. 13. 11eapire a I r (,jJ;,ts'�- If CLIH,NT elects to reschedule the Production, PYRO shall be paid the original Pao plus all additional census made necessary by rescheduling plus a 15 service fee on such additional expenses. Said expenses will be,, invoiced separately and payment will be due in fall within 5 days of os aim. C,LIEN1' and PYRO shall agroe upon the rescheduled date taking Into oonsidoration availability of permits, materials, equipment, transportation and Jober.'The Production .shall be rscheduled for a date not more than 90 Days subsequent to tine date first sot for the Production, The Production shall not be rescheduled to it date, or for an event, that historically has involved it fireworks production, The Production shrill not be rescheduled between June 1.50) and Ally I SEE) unless the original date was July 41 orthat same year, or between December 15th and January I Sth unless the original date was December 3 tat of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods, 14, JW, iLTILElgal — CLIENT shall have the option to unilaterally auroal the Production prior to the scheduled date, If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, toe following percentages of the Fee as set forth In Paragraph 3.1. 1) 50% if cancellartien Occurs 30 to 90 days prior to the scheduled data, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled ditto, 3) 100% thereafter. In the event CLIENT cancels the Production, It will be impractical or extremely ditlfoult to fix actual amount of PYRO's damages. file foregoing represents it reasonable estimate of the damages PYRO will suffer if CLIP.,N'1'caucala the Production. 15. Np,,,,jnir t Vr. rta - It is agreed, nothing In this Agreement or in PYRO's perhannanee of Elie Production shall be construed as running a partnership or joint venture between CLIENT and PYRO. PYRO steal I be and is an independent co laracter with CLI ENT and not tin employee ofCLIENT. The Parties hereto shall he severally responsible for their own separate debts and obligations and neither Patty shall be held responsible for any agroements or obligations not expressly provided for herein. 16 Agnyllcg I I•aw -This Agreement and the rights and obligations of the Parties hereunder shot[ be construed in accordance with ilia laws of California. It is had ter agreed that the Central Judicial District of San FiGnU rdiuo County, CaIiPomia, shall be proper venue for any such rich oil. In the event that One scope of Ilia Production is reduced by authorities having,lurisdiction or by either Party for safety concerns, the ill dollar amounts outlined in this Agreement are enforceable, PS v I -2e 25E -4 RFP NO.: 17 -014 Pyro Spectaculars, Inc. City of Santa Ana P.O. Box 2329 Program #A, Rev. M 3 Rialto, CA 92377 ,July 04, 2017 Tel: 909-355-8120:::: Fax: 909 - 355-9813 Page 3 of 5 17. &099!s - Ally Notice to the Parties pernalled or required under this Agreement may be given by rolling such Notice hr the United States Mall, postage prepaid, first elms, addressed as follows: PYRO- I'yro Spectaculars, Inc,, P.O. Box 2329, Rinho, Calitbrnla, 92377, or far overnight delivery to 3196 N. Low.st Avenue, Rodut,California 92377. CIA ENT - Lg. �ifr}ItQ pgtlotl otj,e W, - All terns of the Agreement are in wilting and may only be modified by written agreement ol'both Parties hereto, Both Parties acknowledge they have mceived a copy of said written Agreement and agree to be bound by said terms of written Agreement Only. 19. &vqy, i) i ,q- tf there is more than one CLIENT, they shall hcjointiy and severally responsible to Perform CLIENT'S obligations under this Agreement. This Atprcaownt shall become citbetiva 011cr it is executed toll accepted by CLIENT and after it is execmed and aceoptai by PYRO at PYRO's ollicos in Rialto, California This Agreement may be execmetl in saverttl eaunmrpnrd, Including Ifixad and availed aupias, exvh One Of which shall the de:med un original agalnat iha Perty cxu:utiug strata. This Agreement shall be binding upon the Patties hereto and upmt their heirs, sucm:ssom, executors, administrators and assigns. 20, I'r1ve I {(gill - If any uhartgae ar afterrati nes are inadc by CLIENT In this Agrcement or Whist Agreement is not executed by C Lf17KI and delivered to PYR0 on or before the PRICE PiRM date shown below- then the price, data and scope o i l he Production are subject to review and acceptance by PYRO Cor a period of 13 Clays lot lowing delivery to PYRO of the executed Agreement. In the event ii IN not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through March 6, 2017 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE, See PRICK FIRM conditions, paragraph 2A above. EXECUTED as of the date that written above; PYRO SPECTACULARS, INC. If(James R Snur.,n, Ptrs drat RECOMMF'NDED FOR APPROVAL: JEANNIE JURADO Acting Executive Director Parks, Recreation and Community Services Agency SHOW PRODUCER: Brendan Mcf enney CITY OF SAN'T'A ANA Ey:_.. ..__.....�._..._._....._.__.___ Rs: Act! nXg. 1tX, �sh?ll[, pi.._...._ .....___._.._....._�_____..____ Print Name ATTEST: MARIA D. -I—W AR Clerk of the Council APPROVED AS TO FORM: SOMA R. CAP VALHO City Attorney lay: Us'a Struck Assistant City Attorney PS V 1 -2e 25E -5 RFP NO.: 17 -014 Pyro Spectaculars, Inc. City of Santa Ana P.O. Box 2329 Program #A, Rev. # 3 Rialto, CA 92377 July 04, 2017 Tel: 909 -355 -8120 : a; Fax: 909- 355 -9813 Page 4 of' .5 SCOPE, OF WORK PYRO SPTCTACU1,ARS, INC. ( "PYRO ") and City of Santa Ann ("CUENT ") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc„ Production on juty 04.2017 at approximately 9:00lrm at Centennial Regipnal 1'nrk: 5ocecr ("field west of ark,., r�airwiery 5t., Santa Ana. C,„r�. • Alf pyrotechnic equipment, trained pyrotochnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: (rr eOURI Lirrttrr Coittniercitil senetiltdlii ty $ 1,000,000.00 Combined Single Limit - Loch Occurrence (Bodily Injury & Property Damage) Dminess 6LUAL ir kit 011y_- $5,000,000.00 Combined Single Limit - Each occurrence Qw_yeA Nu - w ted_M1eLI F Ll" Atnos (Bodily Injury & Property Damage) 4Unrkecrt q1t 4 sation Statutory 'in SyogJ nbili _ $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: r All on -sine labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept, standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean -up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT, • Coordination and any applicable non - pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. • Costs of all permits required for the presentation of the Production and the event as a whole, • Provision of a Safety "Lone in accordance with applicable standards and ail requirements of the authorities havingf urisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set -up and load- out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentiading, etc., will be required as necessary. I'S V t -'e 25E -6 RFP NO.: 17 -014 Pyro Spectaculars, Inc. City of Santa Ana P,O. Box 2329 Program #A, Rev. # 3 Rialto, CA 92377 July 04, 2017 Tel: 909 - 355 -8120 :::: Fax: 909- 355 -9813 Papa 5 ot'5 COMPENSATION EXHIBIT B L0MPCNSA'T10N - CLIENT agrees to pay PYRO a fee of $20 00„ MO IJSD (T'lVrN'FY -THOUSAND DOLLARS) ( "Fee ") for the July 4, 2017 Production. CLIENT shalt pay to PYRO $10 00.0.00 USD (TI IV T "NOUSAND DOLLARS} of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at d�QQ04 OR an amount to be determined, for a total of '!0 000.00, as a deposit ( "Deposit ") upon the execution of this Agreement by both parties but no later than Alrr1104.20L7, The balance of the Fee shall be paid no later than .lu! 05 2t1�7, OP C[ON'!'O I xT'IsNf) - CLIENT shall have the option to extend this Agreement for two (2) additional I -year extensions for JUIy 4, 2018, and July 4, 2019. If the Agreement is extended, CLIENT agrees to pay PYRO a fee not to exceed 522,000.00 USj I'1'IVF,N'! "Y -T'lV0 T'F! . UsC - AND DOLLARS) for cacti Production. The Parties agree that, if financial resources are not available to CLIENT for either of the additional Productions, CLIENT has the option to cancel the Production upon notification to PYRO In writing at least 90 days prior to the scheduled date of the Production. `'` V t.ze 25E -7 25E -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE; AGREEMENT WITH INSURE PROTECTIVE SECURITY FOR SECURITY SERVICES FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5, 5C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; ❑ As Recommended ❑ As Amended ❑ Ordinance on let Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Authorize the City Manager and Clerk of the Council to execute an agreement with Insure Protective Security for Security Services for city- hosted events in the amount not -to- exceed $45,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $45,000 per year, for a total amount not -to- exceed $135,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide multiple city - produced events throughout the year and recommends entering into agreements with various vendors to provide the necessary equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city - produced events. The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and visitors from Orange County and the Southern California region. The purpose of the events is to celebrate through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games. The City also hosts several other events such as the 4th of July celebration, Shakespeare in the park and Plaza Navideha. On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more services to evaluate the submitted proposals. The proposals were evaluated based on experience, 25F -1 Agreement with Insure Protective Security for Security Services for various City events March 21, 2017 Page 2 understanding, capacity and price. The city received one proposal for security services. City staff including staff from the Police Department evaluated the proposal. Insure Protective Security has provided security services for Cinco de Mayo and Fiestas Patrias since FY 2014 -2015. The company has met their contractual obligations for the previous agreements. The City recommends entering into an agreement with Insure Protective Security for security services. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Unit FY 16/17 FY 17/18 FY 18/19 FY 19/20 PRCSA- Recreation (no. 01113230 - 62300) $22,500 $45,000 $45,000 APPROVED AS TO FUNDS AND ACCOUNT: Jeannie Jurado Francisco Gutierrez ke, Acting Executive Director Executive Director YN Parks, Recreation and Community Finance and Management Services Agency Services Agency EXHIBITS: 1. Agreement — Insure Protective Security 25F -2 AGREEMENT WITH IPS SECURITY, INC. TO PROVIDE SECURITY SERVICES FOR VARIOUS CITY EVENTS THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between IPS Security, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing security services for City hosted events. B. On January 18, 2017, the City issued a Request for Proposals for various event services. C. The one proposal for security services was received from IPS which has competently provided security services for various events for the past couple of years. D. 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 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 security guard services for the City hosted events. Security plans will be specific for individual events and the Contractor is expected to work with various City departments, particularly the Santa Ana Police Department and Parks, Recreation and Community Services Agency. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services Forty -Five Thousand Dollars ($45,000) for each annual term. The rates and charges are identified in Exhibit A attached hereto and incorporated by reference. The total sum to be expended wider this Agreement shall not exceed One Hundred and Thirty - Five Thousand Dollars ($135,000) for the entire term of the Agreement, including any renewals. b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. Page 1 of7 25F -3 3. TERM This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one -year renewal options, by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern 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 froin 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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. hi accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured Page 2 of 7 25F -4 against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect 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 defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims Page 3 of 7 25F -5 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 temis of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 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 fax 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 Fax: (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Page 4 of 7 25F -6 Fax: (714) 571-4221 To Contractor: IPS Security, Inc. 6 Hutton Centre, Suite 600 Santa Ana, California 92707 Phone: 888 -315 -3319 Fax: 888 - 778 -4463 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, drily registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 patties 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 patty, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, hr 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. Page 5 of 7 25F -7 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fiirther 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 fally set forth in the body of this Agreement. Page 6 of 7 25F -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: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR IPS Security, Inc. Name: Title: Page 7 of 7 25F -9 EXHIBIT A Dear City nfSanta, IPS Security would like to thank you for taking the time to review our proposal, We take pride in providing you with the maximum standard of service in the security and protection industry. We look forward to the opportunity to work together to accomplish your security and protection goals. Thank you again for reviewing the |PSSecurity proposal. David Sayed President 1�888'M-3319 F: 888-778-4463 Linfo ������ ����U � .. • :e�G� �a���- �s��asr.��:maax��as?�a a�+w r.�.,..- ..,... IPS Security is currently operating In both Northern and Southern California. IPS is licensed with the Bureau of Security and Investigative Services, bonded, and fully insured. IPS can be described in two words: Honor and Integrity. They serve as guidance for all of our employees. It's at the core of our company and the reason why we're able to build trust with our clients. It's on the patch, which lies on the shoulders of every one of our officers. At IPS we run our operations on a client- centered model that allows us to deliver responsive and reliable security services to our clients. This model is focused around quality personnel, real time reporting, and customer service. In the next few pages we will go more in depth into each of these areas. IPS implements a strict recruiting and hiring process. Our step -by -step process not only screens out unqualified candidates but also goes well beyond the industry norm to focus on selecting only the best possible applicants. Our process identifies candidates who posses important traits we believe are critical to both IPS and our client such as honesty, integrity, and a strong customer service orientation suited to the culture and operating environment of your establishment. Our selection process includes: - Experience - Initial Interview - Drug Screening - Background Check -- Guard Card License Verification T':888- 37.5 -337.9 www.nsureprrvtective.conr F:888- 778 -4463 1nfoft insure protective rom 25F -11 Unfortunately many of our competitors simply hire what we call in the industry a "body" which is a person who is hired that has little to no experience, no drug screening, no background check, and sometimes even no training or verification of a valid guard card. This exposes both the security guard company and client to dangerous levels of legal liability. Our commitment to employee training and development is the foundation that the quality of our security officers Is based on. All training is certified by the Bureau of Security and Investigative Services and the California Association of Licensed Security Agencies. Every new hire is required to complete the IPS training program. Our professionally designed training classes help motivate employees, which results in lower turnover, less absenteeism, and higher standards of performance. The curriculum includes the following subjects: • Administrative and Security Orientation Legal Authority Authority of the Security Officer • Conflict Resolution • Company Policy and Procedures • Report Writing • First Aid CPR Certified (if required by contract) Hazardous Material Recognition & Procedures • Public Relations • Communications • Protection of the Crime Scene • Method of Patrol]Defensive Driving • Fire Prevention • Recognizing Safety Hazards • Bomb Threat Recognition • Rules of Evidence • Uniforms and Equipment T:888- 315 -3319 www.insureprobecdve.com F:888. 778 -4463 info01rtsurenrotective.com, 25F -12 IPS Security is committed to using the most up to date technology to better serve our clients. At IPS we use a custom real -time information gathering and incident Reporting /Monitoring System Software that allows us to monitor and respond to real - time issues, tasks, and incidents. We have essentially gone paperless. This means our clients enjoy the benefits of receiving reports and updates about their establishment in a fast and easy way in real time! REAL f'NAE REPORTING We provide our clients with the following reports: Daily Activity Reports, Incident Reports, and Field Inspection Reports. Each of these reports is sent to you in real -time via email using our Reporting /Monitoring System Software that is integrated with our network and with smart phones which enhance these features with supporting audio, video, and photos. Gaily Activity Report: This report is taken by the on -site security officer and shows the activity occurring at your establishment throughout each shift and has a focus on proactive site management. Proactive site management includes for example, making recommendations on maintenance related issues such as a burned out light, which may generate an email to the maintenance staff. Incident Report;. Different incidents trigger the on -site officer to write an incident report after all of the facts and information is collected. This information potentially becomes very helpful in legal disputes and usually is the difference between winning and losing a court case. The information collected in this report details the WHO, WHAT, WHERE, WHY, WHEN, and HOW of the incident. When needed the report also includes audio, video, or photos. Field Inspection Report: This report is taken by the Field Supervisor who makes unannounced visits and conducts an inspection report of both the on -site officer and the site. The inspection report ensures that the on -site officer is in proper uniform, has the proper equipment, is well groomed, is aware of the standard operating procedures for your establishment, etc. A photo is also taken of the on -site officer and is included in the report. T:888- 315 -3319 www.insurenrrotective.corn F: 888. 778 -4963 irtCcLP nsurer>rote ktiiye.colll 25F -13 Form Tnfarmatiou 1111 -- Vl.,AAFOrm Nam., 5ne Check FannSRS[t Name: Field 0,.0 C.. SubmiCttr Plaint: Secutrty .KUgerei,cr FUC $Pbmioe So Date: V X5,'_012 6: tS3 MI PDT 0.eferenct Nttmbb: ?_+F- Y8�5&9B5m La<aCian: NUlfi main +t 6016 Shift Jul .. "3, .".9 ?26:- *5:49 AN Bf)Y [ V{ w Mao j Reglon Natcn! Foe Plame Ste Name L9mve $tap Wemht. +nud; cRm Guard Ua Pa,t Pithae from A A�sancu Guard Name Guard Cel'd Mc 10 4Od tla 97RM Facial MA!, Goad Body 9dat Yko- Q N,, AlertNas E ay Alm,, ACtitUde PXC[Lestt ISM tan be.d Ntr! Shift aE, EDU Shirt Flt Gard fit Pant, RE, ano Cant, Fit +.and Fit Star Badge urnrtN nn Ikt PUP B.R Ytm Socks Net Visible ;:hoe's OR, T41ita�Y Boats Uniform Cendiban ORIN. Post tarvdinry Pavt daa s Dime vhttt Aeeimble; DAR'S Ave Uabla tte N Uat' lnttalled No DattN Utvrnlaaded NA Rtttrnom ACCteNbb N t]Pher tnEaemntion :spastime r,.rmmeu, e9NP Omn him fo wsImmIpe tlm. .—, onlirzue providinU the ,anm level at aINtent xendae. deeds now Ladga hWS'I lYadgetmlUert�aa a rep m Int Olevpc wd, 'm Cus[unlGr �nvrrt able to reeet nn SAMPLE PIELD INSPECTION REPORT T: 888.315 -3319 www.insuret otect %v_e_com F: 888-778-4463 irif�(�insu.reia- otecdvexam 25F -14 Lops �RFa'° XSIV'@ m'q'i'.393,$�Lf�}"d+b'�A'"8 "3"k Pk`#�."m'F��iQ��'b`:3aiJ..nx ak•*'s: .v� ._ _... (,tP; / 1 111 MONITORING GPS Tracking: The IPS Reporting /Monitoring System Software allows us to capture and record officer positions and movement on your property as it happens. This allows you to confirm that our patrols are conducted in accordance with the post orders. The patrol activity is recorded in five - minute intervals and you may request hard copy tracking reports for any given time and location. RFID Monitoring: The Reporting /Monitoring System Software we use allows us to replace traditional guard tour systems and eliminates the need for separate computer downloads of historical guard tour data. If RFID tags are not recorded by the officer while on tour or during the specified time frame, our Reporting /Monitoring System will immediately notify one of our supervisors. The Reporting /Monitoring System Software also has Geofencing capabilities that define a perimeter around your property using GPS technology. The times our officers arrive and leave your property will be recorded. Our Reporting /Monitoring System will transmit an alert if an officer has not arrived on time or has left your property for a designated period of time. Rent Time GPS Tracking l:nbe,rN =n=m�=;rtx's; uf:c -a aa.:ae, END Guaaf Tout GapabdRy u.e pihv_JU...0 Mapping Application munn. C;eoFence - ,,.. Alpib A.n. +Hy ,r— I W, T: 888.31.5 -3319 www.i_nsur "rotective.con_7 F: 888. 778 -4463 info riiinsurLrotective.conl 25F -15 CUSTOMER SERVICE The clients we serve are our most valuable asset. Our dedication and commitment to quality provides our clients with the best possible service available. Our staff has the knowledge and experience to solve any problem and answer any question you may have, as if you were the only client we serve. Anytime you call, our phone will be answered promptly by a real person that can help you immediately. IPS strives to add value to each of our client's establishments with Honor and Integrity. RETAIL. / SHOPPING CENTER SECURITY Due to the special security requirements for retail centers, IPS Security officers are trained in conflict resolution, vehicle theft, vandalism, child endangerment, loss prevention and cultural sensitivity. Our officers are highly visible and are expected to interact with customers, tenants vendors, as well as work closely with law enforcement. r a The contract rate for security officers and related services will be discussed in the next phase: T:888- 315 -3319 www_insurerotective_coixi F: 888 - 778 -4463 info b-insureprotectig e.arrn 25F -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH STAGEPLUS FOR STAGE AND EQUIPMENT RENTAL FOR VARIOUS CITY EVENTS {STRATEGIC PLAN NO. 5,5C) MANAGER Cil RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F_1i7z7 1004 0 As Recommended 0 As Amended 0 Ordinance on 18` Reading 0 Ordinance on 2n6 Reading [] Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with StagePlus for stage and equipment rental for city- hosted events in the amount not -to- exceed $70,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $70,000 per year, for a total amount not -to- exceed $210,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide multiple city - produced events throughout the year and recommends entering into agreements with various vendors to provide the necessary equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city - produced events. The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and visitors from Orange County and the Southern California region. The purpose of the events is to celebrate through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games. The City also hosts several other events such as the 4th of July celebration, Shakespeare in the park and Plaza Navidena. 25G -1 Agreement with StagePlus for Stage and Equipment Rental March 21, 2017 Page 2 On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more services to evaluate the submitted proposals. The proposals were evaluated based on experience, understanding, capacity and price. The City received three proposals for stage and equipment rental. The results are below. Company Score StagePlus 1270 GrooveLabs 1267 AllSta e 1255 The City recommends entering into an agreement with StagePlus for stage and equipment rental. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Accounting Unit PRCSA- Recreation (no. 01113230- 62300) Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency EXHIBITS: 1. Agreement— StagePlus FY 16/17 FY 17/18 FY 18/19 FY 19/20 $30,000 $70,000 $70,000 $40,000 APPROVED AS TO FUNDS AND ACCOUNT: rrancisco outierrez Executive Director Finance and Management 25G -2 Agency AGREEMENT WITH STAGE PLUS EVENTS STAGING SERVICES FOR PROVISION, INSTALLATION AND REMOVAL OF STAGE EQUIPMENT FOR VARIOUS CITY EVENTS THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between Stage Plus Event Staging Services ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing stage equipment for various City hosted events. A. On January 18, 2017, the City issued a Request for Proposals for various event services. C. The proposals were evaluated based on experience, understanding, capacity and price. Contractor's proposal was rated the highest score, therefore, the City recommends entering into an agreement with Stage Plus for stage and equipment rental services for various City events. D. 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 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 The Contractor will be expected to provide, install, set -up, maintain and remove stage equipment for requested events. The Contractor is also expected to coordinate with various City departments and other Contractors associated with the event. Equipment to be provided by the Contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the agreement at prices identified in the price listing attached hereto and incorporated herein as Exhibit A. If a requested item is not.listed on the price listing the City will negotiate a price with the company. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services Seventy Thousand Dollars ($70,000) for the period of March 21, 2017 to December 31, 2017 and Seventy Thousand Dollars ($70,000) for each annual term. Contractor shall be paid for services performed under this Agreement at the rates and charges identified in Exhibit A to this Page 1 of 7 25G -3 Agreement. The total stun to be expended under this Agreement shall not exceed Two Hundred and Ten Thousand Dollars ($210,000) for the entire term of the Agreement, including any renewals. b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The tern of this Agreement may be extended for an additional two, one -year renewal options, by 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. S. 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with Page 2 of 7 25G -4 respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect 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. Page 3 of 7 25G -5 b. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 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 infornation 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 7 25G -6 To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) With copies to: P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (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 Fax: (714) 571-4221 To Contractor: Stage Plus Event Staging Services 2330 S. Susan Street Santa Ana, California 92704 Fax: (714) 241-0185 Phone: (714) 390-4563 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 Page 5 of 7 25G -7 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination 13. NON- DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. Page 6 of 7 25G -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. MARIA D.HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: , r AV;4r f, LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR Stage Plus Event Staging Services Name: Title: Page 7 of 7 25G -9 2330 S. Susan St, Santa Ana, CA 42704 (714)241-0184 (714) 5288 -3891 (714) 241-0185 FAX BiLL TO: SW TO: RFP No. 17-014 Downtown Santa Ana, CA. Frank Parks, Recreation, and Community Services Agency City of Santa Ana 714-571 -4204 Tel 714 - 571 -4227 Tel QTY T m DESCRIPTION SOUND (MAIN STAGE) I Yamaha M-7 or Sound Craft SI Digital Console (FOH) $ 250.00 $ 250.00 1 48 ch Snake wt monitor split $ 75.00 $ 75.00 24 RCF HDI.20 Line Array (mW/ 3gh) $ 100.00 $ 2,40000 l I 12 ftCF Dual 18X'subs $100.00 $ 1,20000 i 1 Monitor pkg 40 mix) , 1 Yamaha M -7 or Sound Craft SI Digital Console (FOM $ 250.00 $ 250.00 ''.. 10 JBL SRX712M Floor Monitor $ 75.00 $ 750DO "'. I JBL SRX712M Monitor w7 lxlg sub for Drum $ 100.00 $ 100.00 ''. 2 JBL SRX725 wt Ixig sub for Side Fill $ I00.00 $ 200.b0 1 Mic Complements Work Box 5 Sum Beta UR Wireless Mica $ 7500 $ 375.00 1 Full k1k, Complement set (Sure 58, 57, Drum kit set, Specialty miss) $ 200,00 $ 200,00 1 Complete He Stands Set $ IOROO $100.00 I Cabling Complement Work Box. $ 10000 $100.00 XLR Pkg (Ill, IT, 25, 50') 1t4° 1kF' Specialty cables DI pkg CD player Mini Plug for MP3 i Electrical Distro Pkg $ 100.00 $10000 i FOH Audio Engineer ($ 50000 day rate X 2 days) $1,000.00 $1,00(l,00 i Monitor Audio Engineer ($ 500.00 day rate X 2 days) $ 14000.00 $1,00000 2 Stage Audio Tech ($ 250.00 day rate X 2 days) $ 500,00 $1,00000 I Stage Manager ($ 500.00 day rate X 2 days)..__ 100HO $1,000.00 _ ...._...._.___.$ ,potai Amount — ....._ .... _._._._..__ $10d0W Mahn Stage 40 x 32 x 5' Stage 1 g' x 16' Monitor World 2 Stair unit 1 Skirting front of stage 1 Stage rails left right & mar I Fire Extinguisher Pkg 40 x 40 x 35b Self Climbing Roof (Total Structures ED Trussing) 2 10' Wings 1 40 x 32 Black Textaline Mesh i __. At}cbor_Pkg page I of 3 25G -10 $ 3,520.00 $ 3,520.00 $ 35200 $ 352.00 $ 100.00 $ 200.00 $ 51500.00 $ 51500.00 $ Mode $1Q072.OD !, 2994r7-1—SA .. . ................ QTY ----_--_--- DESCRIPTION... - - ------- - - _-__- - - --- - ___-_ - Stage Lighting t2 OLP Imlirmicift MS LED $ 7500 $ 900,00 9 Elation Powrer Spot 5751E $ 75D0 $ 600,00 12 Ignition Studio Par 20x3 $35.00 $ 420.00 1 Elation Show Designer 2 $200.00 $200,00 16 Source 4 Per $25.00 $400,00 1 Dimming Rack $125.00 $125.00 1 Electrical Bistro Pkg $ 200,00 $ 20000 2 Antari Fogger $75.00 $ 154.00 2 Large Fan $2500 $50.00 A 1,00no _S_ 'Imo I Backlme Instruments Yamaha Stage Custom, 5 Piece Drum Set $215.00 $27SOO I Fender Twin Guitar Amp $100.00 $100.00 125-00 $125,00 . Total Amount -- - -_----_- ------ ----- -- __ .. . ....... $ 58o0 Video 1 20 Panel LEI) Virtual noun, 10,000 knitt Solid Wall (16'w X Th) $ 150.00 $3,000-00 1 Video Proccesar $ 500,04 $ 50OLOO I Camera $125.00 $125,00 1 DVD Playback $25MO $25.00 1 Video Switch $ 50.00 $50-00 1 Rigging Pkg $200.00 $ 204.00 1 Mtro Pkg $100-00 $ WOO I Video Tech ($ 500.00idqy,_Km(jX2days) 11,900,00 1� 5,WO.00 I PA System for Community Stage 2 JBI, Tops Self Powered 2 1& SuUi Sell Powered 1 6 channel mixer t SM 58 She I XLR, Electrical Pkg I Tech (set-up & tear down) DJ _Pja tysfrom jMpQ _ ($ Total Amount 5 Delivery.Set-up & Pick-up Total Amount I Building & Safety Permit (Pees not included, Needed letter from Parks & Rces for fee waiver Total .............. Amount I 5K Forklift (2days) DoliverySet-up & Pic - k-up____ . .. .. . Tofai Amount .. ..... . ..... .... . page 2 of -1 25G -11 150.00 $300,00 150.00 $ 300.00 25,00 $ 25.00 00,00 $ 00.00 00.00 $00.00 125.00 $ 125.00 $ WHO $500.00 289417 -1—SA ......_........... __.. QTY DFSCRIPTION Banners 1 480 "w X 39'h I 72 "w X 39% Left I 71 "w X 32 h night Pago 3 of 3 25G =12 .SUB .TOTAL ;TAX: !SHIPPING IYGU PAY THIS AMQU $ 350.00 $ 350.00 $ 567.00 $ 567,00 $ 56100 $ 567.00 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH CALIFORNIA BARRICADES FOR TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS {STRATEGIC PLAN NO. 5, 5C} Cl* MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Pubilc Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades for traffic control equipment for city- hosted events in the amount not -to- exceed $70,000, for a term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an amount not -to- exceed $70,000 per year, for a total amount not -to- exceed $210,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been working to bring together the elements needed to provide multiple city - produced events throughout the year and recommends entering into agreements with various vendors to provide the necessary equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city - produced events. The Cinco de Mayo and Fiestas Pathas events have been attractions for the downtown community and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and visitors from Orange County and the Southern California region. The purpose of the events is to celebrate through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games. The City also hosts several other events such as the 4th of July celebration, Shakespeare in the park and Plaza Navidena. On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An evaluation committee consisting of representatives from PRCSA, Planning and Building Agency, and the Police Department was assembled. The group was divided and assigned one or more sections of the proposal to evaluate. The city received one proposal for traffic control equipment 25H -1 Agreement with California Control Equipment Rental March 21. 2017 Barricades for Traffic for Various City Events Page 2 services.The proposal was evaluated based on experience, understanding, capacity and price. Staff recommends entering into an agreement with California Barricades, who was a responsive bidder and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds are available in the following account for the specified years: Unit PRCSA- Recreation (no. 01113230 - 62300) Police Dept.- Traffic (no. 01114405 - 62300) Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Carlos Rojas, Chief of Police Santa Ana Police Department FY 16/17 FY 17/18 FY 18/19 FY 19/20 $10,000 $50,000 $50,000 $40,000 $10,000 $20,000 $20,000 $10,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 9 Executive Director Finance and Management Services Agency EXHIBITS: 1. Agreement — California Barricades 25H -2 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC. FOR PROVISION, INSTALLATION AND REMOVAL OF TRAFFIC BARRICADES FOR VARIOUS CITY EVENTS THIS AGREEMENT is made and entered into this 21 `t day of March, 2017 by and between California Barricade Rentals, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing traffic control equipment for various City hosted events. B. On January] 8, 2017, the City issued a Request for Proposals for various event services. C. The one proposal for traffic services was received from California Barricades which competently has provided traffic control for various events for the past couple of years. D. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove traffic barricade equipment for City hosted events. The Contractor is also expected to coordinate with various City departments and other contractors associated with the event. Once a plan has been approved by City (authorized representative), the Contractor will sign a notice -to- proceed letter, agreeing to comply with the scope of the plan. Equipment to be provided by the Contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the Agreement at prices identified in the price listing. If a requested item is not listed on the price listings the City will negotiate a price with the company. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services and equipment, the rates and charges identified in Exhibit A attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed Seventy Thousand Dollars ($70,000) for each annual term. The total sum to be expended under this Page I of 7 25H -3 Agreement shall not exceed Two Hundred and Ten Thousand Dollars ($210,000) for the entire term of the Agreement, including any renewals. b. Payment shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. 3. TERM This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one -year renewal options, by 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with Page 2 of 7 25H -4 respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect 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. Page 3 of 7 25H -5 G. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising fiom this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 7 25H -6 To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 With copies to: Santa Ana, CA 92702 -1988 Fax: (71.4) 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 Fax: (714) 571-4221 To Contractor: California Barricade Rentals, Inc. 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Phone: (714) 558 -8474/ FAX: (714) 558 -3821 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 Page 5 of 7 25H -7 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON- DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 indermnify 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. Page 6 of 7 25H -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 . B Y LI A STORCK. Assistant City Attorney JEANNIE JUARDO, Acting Executive Director Parks, Recreation and Community Services Agency, CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR California Barricade Rentals, Inc. Name: Title: Page 7 of 7 25H -9 EXHIBIT A SERVICE: TRAIXIC CONTROL EQUIPMENT California Barricade, Inc. is a company with the capacity to provide traffic control equipment for various events. Below is our proposal based on the sample listing of equipment provided for previous large scale events, Rental Quantity Price Per Unit Per Day Extended Price Per Day Arrow Boards 7 $35.00 $245.00 Message Board 1 $95.00 $95.00 Pedestrian Barricade 100 $3,30 $330,00 Parade Barricade 100 $1,65 $165,00 Water Filled K-Rail 49 $3.30 $161.70 Type I Barricade 35 $0.25 $8.75 Type M Barricade 45 $1.35 $60..75 Type I Barricade with Sign 166 $0,70 $116.20 Type M Barricade with Sign 40 $1.95 $78.00 Service Quantity Price Per Occurrence Extended Price Water Truck Service (49 units) 1 $900.00 $900.00 Labor Quantity Per Hour Per Technician Extended Price Per Hour . Traffic Control Technician - Certified 15 $70.00 $1,050.00 It is understood traffic control plans will be specific for individual events. The contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planting and Building Agency. California Barricade has done so in the past with great success, and will continue to do so. 25H -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES INC. FOR INMATE FOOD SERVICES AND COMMISSARY (STRATEGIC PLAN NO. 1, 3A) CITY AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ® Ordinance on 18'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Publlo Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Aramark Correctional Services Inc. for inmate food services and commissary, for the period of February 1, 2017 through January 31, 2020, in the amount not to exceed $1,460,016, including a 15% contingency ($197,437), subject to non - substantive changes approved by the City Manager and City Attorney. The agreement also includes two one -year renewal options with the consent of City Council at a future Council meeting. DISCUSSION California's Board of State and Community Corrections (BSCC) required agencies to provide food services for all incarcerated individuals held within their custody. On October 6, 2016 the Santa Ana Police Department issued a request for proposals (RFP #16 -128) for contracted food service and inmate commissary. On October 18, 2016 a pre - proposal conference was conducted, and on November 21, 2016, the City received proposals from two firms. Aramark Correctional Services, Inc. and Keefe, LLC each submitted proposals for evaluation. An evaluation committee consisting of representative from the Santa Ana Jail Operations and Administration reviewed and rated the two proposals. The proposals were evaluated according to Responsiveness to RFP (25 %), Experience of Firm and Personnel (25 %) and Cost of Proposal (50 %), as stated in the RFP. The results of the RFP Evaluations were as follows: Vendor Score Keefe, LLC. 277 Aramark Correctional Services, Inc. 384 400 point max Aramark Correctional Services was the most responsive, capable and cost effective respondent. Their proposal ensures these basic required services continue to be provided to the inmate population. The Police Department proposes to enter into a three -year agreement with Aramark, for the period of February 1, 2017 through January 31, 2020, in the amount not to exceed $1,460,016. The per meal cost at the current average daily population (over 200) is $2.39 per meal. Once the ICE agreement is terminated, the average daily population will drop below 200 and the cost would be $2.88 per meal, an 251 -1 Contracted Food and Commissary Services March 21, 2017 Page 2 increase of about $65,000 per year to feed US Marshal's and Bureau of Prison inmates. However, the Department will also save approximately $193,000 per year as a result of not having to feed ICE detainees. This base agreement cost of $1,269,579 will provide food service for approximately 122 inmates, and includes a 15% contingency ($190,437) to cover increases in average daily population. This agreement also includes two one -year renewal options. Aramark Correctional Services, Inc. has been the provider of inmate food services since 1997 and continues to perform these services in a professional and competent manner. All meals are prepared based on the State of California Code of Regulations, Title 15 nutritional requirements along with all Orange County Health Department health and safety requirements. Through this agreement, Aramark Correctional Services, Inc. also provides catering services to various City functions along with operating the inmate commissary program, and operation of the Code -7 staff cafeteria located within the Police Administration building. The agreement may be terminated without cause by either party upon ninety (90) days written notice. STRATEGIC PLAN ALIGNMENT Approval of this item allows for the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and service efficiently and effectively). FISCAL IMPACT Funds are available in the Jail Operations contract services account (no. 01114475 62300) for the following fiscal years as follows: Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: Agreement FY 2016 -17 FY 2017 -18 FY 2018 -19 FY 2019 -20 172,732 418,155 426,792 442,337 1,460,016 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 INMATE COMMISSARY AND FOOD SERVICE AGREEMENT THIS AGREEMENT, made and entered into this lst day of February 2017 by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company, having its principal place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19107 (hereinafter " ARAMARK" ), 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, whose principal place of business is 20 Civic Center Plaza, Santa Ana, California 92702 (hereinafter "CITY "). RECITALS A. On October 6, 2016, the CITY issued a Request for Proposals (RFP #16 -128) for Food Service and Inmate Commissary Management. Two vendors responded to the RFP. Aramark Correctional Services was the most responsive, capable, and cost effective respondent. B. The CITY now desires to enter into a new agreement granting the exclusive right to operate the Santa Ana Detention Facility commissary and to provide food service for the inmates, staff and visitors for the Police Administration and Holding Facility located at 60 Civic Center Plaza, Santa Ana, California ( "Facility"). C. ARAMARIC represents that it is able and willing to furnish nutritious, wholesome and palatable food to such inmates, staff and visitors in accordance with the terms of this Agreement. D. In undertaking the performance of this Agreement, ARAMARK represents that it is knowledgeable in its field and that any food services provided by ARAMARIC shall meet all current regulations. 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 ARAMARK shall operate the Santa Ana Detention Facility commissary, perform inmate meal preparation, and operate the Code -7 Caf6, as those services are set forth in the CITY's Request for Proposals (RFP #16 -128) and ARAMARK's Technical Proposal for Food, Service Management dated November 14, 2016, collectively, as described in Exhibit A attached hereto, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. The CITY shall at its expense provide ARAMARK with adequate preparation kitchen facilities at the Facility completely equipped and ready to operate, together with such heat, refrigeration and utilities services as may be reasonably required for the efficient performance of the Agreement. ARAMARK shall be responsible for long distance telephone service. 291 -3 The CITY ,shall, at its expense, provide ARAMARK with adequate office and storage facilities at the Facility completely equipped and ready to operate together with such heat, and utilities services as may be reasonably required for the efficient performance of the Services. ARAMARK shall be responsible for long distance telephone service. ARAMARK shall install such computer hardware and related equipment and software (collectively "Computer Equipment "), including but not limited to ARAMARK's CORE@ commissary management information systems (the "CORE@ System ") as necessary to support ARAMARK's commissary operations. ARAMARK shall remove all Computer Equipment upon the expiration or termination of this Agreement. The COREo System is and shall at all times be owned by ARAMARK, which shall hold all rights relative thereto except as may be expressly granted hereunder and then only to the extent of such express grant. All use of the CORE@ System at the Facility shall immediately cease upon the expiration or termination of this Agreement. ARAMARK shall be responsible to support and maintain all Computer Equipment during the term of this Agreement, but any and all such obligations shall cease upon the termination or expiration of this Agreement. To the extent that it is necessary for ARAMARK's or the CITY's employees to be trained to use the CORE@ System, ARAMARK shall provide such training, provided that ARAMARK shall have no other training obligations hereunder. The CITY shall ran such cable and wiring, and shall perform such systems integration, as necessary to enable the CORE System to support ARAMARK's commissary operations. In the event the CITY changes any third party vendor whose service interacts with the CORE System (such as its telephone or internet service provider), any costs associated with CORE System customization or code chtulges will be bome by the CITY. 2. COMPENSATION A. FOOD SERVICE a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for each inmate meal served pursuant to this Agreement, a per meal price as specified in Exhibit B, which excludes sales tax. The total payment by the CITY to ARAMARK for services for the total three year period is not to exceed $1,460,016, which includes a $190,437 contingency to be used as the CITY's sole discretion. The price quoted herein applies for the period of February 1, 2017 through January 31, 2020, unless otherwise provided by this Agreement. The per meal price may be adjusted by mutual agreement and set forth in an amendment to this Agreement in the form attached hereto as Attachment B. If the parties cannot reach agreement as to a price increase, unit price shall be increased as further set forth below by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index ( "CPI- FAH "), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the "Client Menu "). The period for determining CPI - FAH and Market Basket of Products increases shall be November 1 to November I of 253 -4 the then - current year (the "Base Period "). Notwithstanding the foregoing, in no event shall the yearly increase be greater than 5 %, As set forth on the sample client statement attached as Attachment C, a copy of which shall be provided prior to implementing any price adjustments pursuant to this section, the "Market Basket of Products" represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a "Menu Category "): beverage (composed of juice and non - alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the "Category Weighting ") representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics ( "BLS ") category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S, City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U,S, City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, ARAMARIK shall have the right to terminate the Agreement upon 90 days' prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. b. Please refer to Attachment C for an example of the Market Basket of Products calculation. c. The yearly percentage change shall not increase more than five percent 5% in any year. The percentage shall be applied to the then - current per meal price to determine the price for the subsequent 12 -month period, and such unit price shall be effective the first (1 st) day of such 12 -month period. 291 -5 d. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: I, Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Cafd sales report. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing meals ordered /served, subject to City accounting procedures. Payment shall be sent to the address listed on the invoice. B. COMMISSARY SERVICE ARAMARK shall process orders for commissary products from inmates in accordance with ARAMARK's standard procedures. The CITY shall be responsible to collect, record and make disbursements from inmate commissary accounts for purchases of such Products; provided, however, that ARAMARK shall have access to each inmate account solely for the purpose of verifying that there are sufficient funds in such account to cover a Product order placed by such inmate, including but not limited to, any sales, use or other taxes related thereto, ARAMARK and the CITY shall jointly determine the prices at which Products shall be sold. If ARAMARK sustains increases in its costs, including but not limited to, increases in its Product, labor or equipment or software - related costs, ARAMARK may request an increase to its prices to recover such increased costs. Additionally, ARAMARK may, at its discretion perform a price audit to compare the prices at which it sells the Products contemplated by this Agreement with the prices at which similar products are being sold in retail outlets in the surrounding community ( "Comparable Retail Values "). In the event that any of ARAMARK's prices are below the Comparable Retail Values, the parties shall mutually agree to increase such prices under this Agreement to reflect the Comparable Retail Values. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for total Gross Sales of Products made during such week, and other goods or services provided, by ARAMARK during such week, if any. The term "Gross Sales" shall mean total commissary sales (including, but not limited to, sales of tobacco products, stamps and pre - stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Product sales) plus any sales or use taxes. For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is delivered to the CITY for subsequent delivery to the inmate, and the Product is not returned. For purposes of this Agreement, no returns will be honored, unless the inmate who ordered a Product, refuses delivery of such Product at the time such Product is delivered, or unless such inmate is released prior to such delivery, and fails to claim such Product within seventy -two (72) hours after release. 4 251-6 ARAMARK shall forward billing to the Santa Ana Detention Facility. ARAMARK shall keep a complete and accurate record of all gross sales of merchandise records for a period of at least one year. ARAMARK shall keep all inmate sales records for at least one year after termination of this contract. All records and books kept by ARAMARK exclusively related to invoices reflecting services provided by this Agreement shall be open to inspection and audit of the City and its agents during normal business hours. Such records shall be kept separate and apart from any record ARAMARK maintains in connection with other business enterprises. ARAMARK shall return to City a total commission of Forty -Five Percent (45 %) of Net Sales of all products from the commissary operations at the Santa Ana Detention Facility, as set forth in the City's RFP #16 -128 and ARAMARK's Proposal, dated November 14, 2016, This commission shall exclude all sales of stamps and pre- stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products. "Net Sales" means total product sales, less sales or use taxes and authorized returns. In addition, ARAMARK shall pay CITY a rent fee equal to Ten Percent (10 %) of Net Sales of all products from the commissary operations excluding all sales of stamps and pre - stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products. ARAMARK shall provide a monthly accounting of commissary operations for the previous month, and shall submit said accounting and a check representing the City's portion of Net Sales to the Santa Ana Jail Administrator. 3. TERM The initial term of this Agreement shall commence on February 1, 2017 and terminate on January 31, 2020 unless terminated earlier in accordance with Exhibit A or Section 12, below. This Agreement may be renewed for two (2) additional one (1) year periods with the consent of the City Council. 4. INDEPENDENT CONTRACTOR ARAMARK 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 ARAMARK performs the services which are the subject matter of this Agreement; however, the services to be provided by ARAMARK shall be provided in a manner consistent with all applicable standards and regulations governing such services. ARAMARK 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, ARAMARK shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 291 -% a. Commercial General Liability Insurance. ARAMARK shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily acid personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of ARAMARK's operations in the performance of this Agreement, including. The amounts of insurance shall be 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, and employees 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. Any insurance coverage (additional insured or otherwise) that ARAMARK provides for the Additional Insureds shall only cover insured liability assumed by ARAMARK in this Agreement; such insurance coverage shall not otherwise cover liability in connection with or arising out of the wrongfid or negligent acts or omissions of the Additional Insureds. If the Consultant maintains broader coverage and/or higher limits than the minimums described above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, ARAMARK 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, ARAMARK agrees to provide and maintain any employer's liability insurance with limits of $ 1,000,000 per accident. c. The following requirements apply to the insurance to be provided by ARAMARK- pursuant to this section: (i) ARAMARK 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. d. If ARAMARK 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 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 ARAMARK's right to be paid for its time and materials expended prior to notification of termination. Notice of cancellation of any insurance policies required herein shall be subject to ACORD 25 Certificate of Liability standards, and will be delivered, as applicable, in accordance with policy provisions. 6. INDEMNIFICATION ARAMARK agrees to and shall indemnify and hold harmless the CITY, its officers, agents, employees, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for bodily injury, including death, and claims for property damage, which may arise from the negligent acts, willful misconduct, or omissions of ARAMARIC or its contractors, subcontractors, agents, 25(-8 employees, or other persons acting on their behalf in their performance of the services described in section 1 of this Agreement. However, it is expressly understood that ARAMARK shall not be responsible for damages caused by inmates nor by the acts or omissions of the CITY, its officers, agents or employees. Neither any of the CITY's officers, employees, agents, servants or contractors, nor any inmates, are or will be deemed to be agents or employees of ARAMARK and no liability is or will be incurred by ARAMARK to such persons, except for bodily injury to such persons caused by ARAMARK's negligence or intentional acts. ARAMARK further agrees to indemnify, hold harmless, and pay all costs for the defense of 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 out of claims for bodily injury, including death, and claims for property damage, which may arise from the negligent acts, willful misconduct, or omissions of ARAMARK or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in their performance of the services described in section I of this Agreement. CITY may make all reasonable decisions with respect to its representation in any legal proceeding. The CITY shall promptly notify ARAMARK of any claim for which indemnity is sought, and shall cooperate with ARAMARK in the investigation and defense of such claim. ARAMARK shall have the sole discretion to defend and settle such claim. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rig'htfal possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the receiving party without reference to information disclosed by the other party. 8. CONFLICT OF INTEREST CLAUSE ARAMARIC 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 2�1 -9 mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile: (714) 647 -6956 With courtesy copies to: and Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile: (714) 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimmle: (714) 647 -6515 To ARAMARK: ARAMARK Correctional Services, LLC ARAMARK Tower 1 101 Market Street Philadelphia, PA 19107 Attn: Vice President, Finance With a copy to: ARAMARK Correctional Services, LLC ARAMARK Tower 1101 Market Street Philadelphia, PA 19107 Attn: Associate General Counsel A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, CITY or City holidays shall be excluded. 251810 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and ARAMARK, 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. In the event of a conflict between RFP #16 -128 and ARAMARK's proposal dated November 14, 2016, ARAMARK's proposal shall control. This Agreement may not be modified except by written instrument signed by the CITY and by au authorized representative of ARAMARK. 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 ARAMARK 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 ARAMARK, ARAMARK{ 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. 12. TERMINATION This Agreement may be terminated without cause by the CITY or by ARAMARK upon ninety (90) days written notice of termination to the other party. In such event, ARAMARK{ shall be entitled to receive and the CITY shall pay ARAMARK compensation for all services performed by ARAMARK{ prior to receipt of such notice of termination, subject to the following conditions: Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION ARAMARK 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. ARAMARK affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further 251 -11 agree that any lawsuit in connection with or by reason of this Agreement may be brought or removed, as appropriate, in the state or federal courts for Orange County, California. 15. PROFESSIONAL LICENSES ARAMARK 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, ARAMARK shall notify 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. PERSONNEL, The City acknowledges that ARAMARK has invested considerable time and money in training its supervisory employees in systems, procedures, methods, techniques and other valuable information which is proprietary and unique to ARAMARK's manner of conducting business, Therefore, the City agrees that it will not hire supervisory employees of ARAMARK, working at the Santa Ana Detention Facility during the term of this Agreement and for twelve months after its termination. 17. MATERIAL, ADVERSE CHANGE: The financial arrangements in this Agreement are based on conditions existing as of the Effective Date including any representations regarding existing and future conditions made by CITY in connection with the negotiation and execution of this Agreement. If such conditions change due to causes beyond ARAMARK's control, including, but not limited to, a change in the scope of ARAMARK's services; menu changes; a decrease in the Facility's inmate population ; efforts to organize labor; changes to wage and /or benefit rates pursuant to any federal, state or local law or regulation or determination by a governmental entity; increases in food, fuel, equipment, utilities and supply costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, State and local standards, requirements recommendations, and regulations including any applicable Child Nutrition Programs; changes in phone service providers or a change in the way phone service is sold to inmates; or other unforeseen external market conditions outside ARAMARK's control, then ARAMARK shall give CITY written notice of such increase or change, and within thirty (30) calendar days after such notice, ARAMARK and CITY shall mutually agree upon modification(s) to offset the impact of the increase or change, which modifications may include any or a combination of the following: an adjustment to ARAMARK's price per meal or commission, modifications to the menu or Product offerings, changes to Product pricing or modifications to ARAMARK's scope of services. 18. PHONE SERVICE PROVIDERS: In the event that there is a change in the phone service provider used at the Facility or in the process by which phone cards or phone time is sold to inmates, the CITY shall be responsible for the cost or shall cause the phone service provider to be responsible for the cost of the following: (1) any software development required by the change; (2) system integration; (3) use of ARAMARK hardware and software to sell phone 2511012 service; and (4) any other cost incurred by ARAMARK, including but not limited to increased costs for labor, handling, and reporting. 19. 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 fatly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR GERARDO MOUET Clerk of the Council Acting City Manager APPROVED AS TO FORM: OFFICE OF THE CITY TTORNEY By: Tamara Bogosian Assistant City Attorney ARAMARK CORRECTIONAL SERVICES, LLC MARK ADAMS Vice President, Finance I1-MI-102-N3 251113 EXHIBIT A ARAMARK shall provide commissary service and inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #16 -128, and ARAMARK's Proposal dated November 14, 2016. ARAMARK shall serve three meals per day to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 2 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $0,05 per meal sold to any such outside facility, as set forth in section 1 of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code -7 Cafe located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK shall pay the CITY a commission equal to Fifteen Percent (15 %) of ARAMARK's Net Profit at Code -7 Caf6. "Net Profit" as used in this Paragraph shall mean total sales revenues minus all of ARAMARK 'a taxes, expenses and costs for operating the Cafe. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated, representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services shall be agreed by the parties. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu, selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s) of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual imnate's account in the Inmate Welfare Fund. ARAMARK will remit to City a twenty -five percent (25 %) commission on the total Fresh Favorites Net Sales (as defined above) each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 12 W.441_[ 3_0_011 City of Santa Ana, California Average Number Of Meals Served* Price Per Meal February 1, 2017 - January 31, 2018 (Price does not include Tax) February 1, 2018 - January 31, 2019 (Price does not include Tax and/or annual CPI ) February 1, 2019 - January 31, 2020 (Price does not include Tax and /or annual CPI 1 99 $2;880 $2.940 $3.000 100 199 $2.880 $2.940 $3.000 200 299 $2.390 $2.449 $2.510 300 399 $2.390 $2.449 $2.510 400 Above $2,260 $2.319 $2.380 *The total number of inmate meals served per seven day week is divided by (21) in order to determine the price point on the sliding scale. 251115 FORM OF AIYIENDMENT FOR IMPLEMENTING AIARKET BASKET INCREASES Attachment B Amendment No. to Operating Agreement THIS AMENDMENT NO. _ (the "Amendment'), is entered into this_ day of 20_ by and between , with offices at (" "), and ARAMARK Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia PA 19107 ( "ARAMARK''). WHEREAS, and ARAMARK entered into an dated for the management of the food service operation at (as amended, the "Agreement'); and WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; WHEREAS, the parties desire to amend the provisions of the Agreement as follows, effective NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement. 1. Price Adjustment: In accordance with [Paragraph _ of Amendment No. _ to the Agreement]/Paragraph _ of the Agreement), the parties agree that the price per meal charged to by ARAMARK shall be changed as set forth on Attachment A as a result of [changes in the Consumer Price Index][changes in the Market Basket of Products][mutual agreement of the parties]. This price shall be effective from 20_ through 20—. , and shall supersede in all respects the price per meal set forth in Paragraph [_J of the Agreement or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase above, including the Category Weighting percentages ascribed to each Menu Category, has been reviewed and accepted by the parties. By their execution of this Amendment, each party hereby waives and releases any and all claims it may have based upon or arising out of any such methodology ( inchiding the elements thereof) used to calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging such methodology or calculation, ;. Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain unaffected by this Amendment and continue in fall force and effect, IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, to be signed by their duly authorized representatives the day and year first written above. ARAIVMARK Correctional Services, LLC UM David Kimmel Vice President Finance 25t'16 By: Attachment C Sample Client Statement - Market Basket of Products Calculation XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.92 " /0 "This category includes all menu Items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the "Grocery' Menu Category for the calculation. The "Food" index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. 251517 Current Month Menu Category Weighted CATEGORY Weighting CPT 0/0 CPI Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71°/% 0.27% Dairy 12.51% -5,00% -0.63% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0,17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 3,54% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPT - Food Away from Home 4.76% XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 Current Month Menu Category Weighted CATEGORX Weighting CPI 0/0 CPT % Baked Goods 12,62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% 6.00% 0.751/o Grocery * 23.32% 4.80% 1,12% Produce 17.15% 1.00% 0.17% Protein 28.73% 520% 1,49% TOTAL 100.00% 4.92% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.92 " /0 "This category includes all menu Items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the "Grocery' Menu Category for the calculation. The "Food" index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. 251517 251 -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: EXCLUSIVE NEGOTIATION AGREEMENT AND REIMBURSEMENT AGREEMENT WITH CARIBOU INDUSTRIES INC. FOR THE THIRD STREET AND BROADWAY DEVELOPMENT PROJECT (STRATEGIC PLAN NO. 3, SA) CITY MhNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: R»I:T00211i ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO yl���llL�if1�:7 Authorize the City Manager and Clerk of the Council to enter into an Exclusive Negotiation Agreement (ENA) with the Reimbursement Agreement (Exhibit 3) for consideration to be executed with Caribou Industries Inc. for the Third and Broadway Development with the Proposed Scope of the Project (Exhibit 1), subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 16, 2014, the City Council directed the Planning and Building Agency to release a Request for Qualifications for the Third and Broadway Development Project. On September 18, 2014, the Planning and Building Agency issued a Request for Qualifications outlining several components desired by the City Council. Among the components of the new project, there was an expressed desire to see a hotel /hospitality component. Five proposals were received by staff, only one of which, the proposal presented by Caribou Industries Inc., included a hotel component. Subsequently, staff presented the proposals to the Development and Transportation Council Committee, recommending Oliver McMillan as the most qualified developer to develop the site. However, at a later meeting, the Development and Transportation Council Committee directed staff to contact all of the development firms who had submitted proposals and provide them a second opportunity to submit new proposals that would include a hotel component, even as a second phase of the project on the site or on a nearby property. Four of the original development firms resubmitted proposals. Caribou Industries Inc. included a hotel component. Of those four firms, the three other firms maintained their position that the hospitality market in Downtown Santa Ana did not sufficiently support financing and construction of a new hotel and did not include a hotel component in their new proposals. 25J -1 Exclusive Negotiation Agreement and Reimbursement Agreement with Caribou Industries Inc. for the Third and Broadway Development Project March 21, 2017 Page 2 Subsequently, staff identified the qualifying criteria for Caribou Industries Inc. to be selected as the developer for the Third and Broadway site. One of the qualifying criteria for the selected developer is the submittal of audited financial statements to assess the developer's ability to complete and deliver the proposed project on time and on budget. The submittal of the audited financial statements is an important component of the review process and as such included as an element to be completed within the Proposed Scope of the Project (Exhibit 1). In 2016, an Ad Hoc Committee was created to review and recommend actions, related to the Third and Broadway Development Project, including the terms of the ENA that the City and Caribou Industries Inc. will enter into. (See Exhibit 2). Staff recommends City Council approval of this item and all related exhibits. Per Council direction, staff will attempt to complete the items listed in the Proposed Scope of the Project and ENA process in 90 days. However, given the complexity of this item, staff may have a need to request a time extension at a later date. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #5 (Leverage private investment that results in tax base expansion and job creation citywide), Strategy A (Identify and market underutilized properties for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT There is no fiscal impact associated with this action. However, future items requiring fiscal impact approval will be brought forward for City Council consideration. Hassan Ha0ani, AltP Executive Director Planning & Building Agency SM:rb Rb \sm \reports \3rd & Broadway — RFCA 3 -21 -17 Exhibit: 1. Proposed Scope of the Project Exhibit: 2. Exclusive Negotiation Agreement Exhibit: 3. Reimbursement Agreement 25J -2 Exhibit 1 3rd Street and Broadway Project Proposed Scope of the Project 1. Developer is to submit audited financial statements to the City of Santa Ana. 2. Developer is to purchase the property at market value with the intention of demolishing the existing parking garage and building a mixed use residential /retail /office /hotel project. 3. The City shall impose a lien on the property for the market value purchase of said property. Said lien shall be maintained for no less than 25 years. 4. The City shall release the lien after 25 years and upon the developer's accomplishment of all performance requirements and terms of the loan as outlined in the DDA. 5. The developer shall be required to deposit a determined amount within five (5) days of opening an escrow. 6. The transfer of the title of the property shall only take place after certain City of Santa Ana conditions have been met by the developer. 7. The developer shall obtain all necessary entitlements at their own expense prior to transfer of property titles from the City to the developer. 8. The developer shall prepare a complete environmental document consistent with California Environmental Quality Act (CEQA) for the proposed project. 9. A minimum four (4) -star hotel component, consisting of no fewer than 60 rooms is a required component of the proposed project. The hotel may be built at the same time as the rest of the project or in a subsequent phase, as described by the developer with a justification for its phasing and timing. Developer must submit documentation to verify a commitment from a major hotel, development proforma for the hotel, and signed labor agreements as required but the City in order to meet the hotel component requirement for the project. 10. A hotel tax rebate incentive may be negotiated between the City and the hotel operator consistent with the City's Hotel Incentive Program. 11. The developer shall build the project paying prevailing wages and the hotel component shall employ unionized labor at prevailing wages for its operations. 12. The developer will not be required to replace the existing public parking. Therefore, no public funds shall be directed to the development project for the purpose of creation of public parking. 13. The City and the developer will review and resolve all existing parking obligations associated with the existing municipal parking structure. 14. The City shall convey property titles immediately prior to a previously scheduled and fully authorized demolition of the existing improvements on the property. 25J -3 15. The demolition of the existing improvements and subsequent construction of the new project shall take place consistent with agreed upon terms and timelines set forth in the DDA. 16. Any unauthorized delays by the developer at any agreed upon phase of construction shall be subject to penalties set forth in the DDA. 17. The new development project shall be designed by a highly credible design team to exemplify the City's commitment to excellent design and sustainability in Santa Ana. 18. The City shall be responsible for removing all City parking equipment prior to commencement of demolition. 19. Prior to issuance of final certificates of occupancy, general, standard, and specific conditions and obligations set forth for this project shall be met within the timelines outlined in the DDA. 20. Developer is required to provide Community Outreach with all stakeholders to hear and address concerns over parking and construction during and after construction 21. The developer shall provide a Parking Management Agreement. Part of that agreement will include provisions for the City to maintain and operate the parking structure until such time that the property must be prepared for demolition. 22. Developer shall reconstruct Sycamore Street between 3rd Street and 4th Street for all modes of transportation at the developer's expense. The reconstruction of Sycamore Street shall be performed according to all zoning, open space, and public right -of -way standards to the satisfaction of the Planning and Building and Public Works Agencies. 23. Existing street parking meter and parking activity must remain intact. 24. Developer shall improve the alley adjacent to the property according to specifications determined during the entitlement review process. 25. Developer shall remove the existing pedestrian bridges. 26. Developer shall provide ground floor, pedestrian- oriented commercial uses as will be detailed during the entitlement process. The developer shall meet specific performance milestones set forth in the DDA. 27. The developer shall provide a detailed construction schedule, staging, and management plan to be reviewed and approved by the City to eliminate or mitigate impacts to the surrounding businesses and the public during construction. 28. Developer shall be fully responsible for securing and leasing staging locations at the developer's expense to the satisfaction of the City. The construction staging location and equipment shall not impede day -to -day activities in surrounding areas. 29. The construction management and mitigation plan shall be discussed and analyzed as part of the environmental review process prior to final approvals. 25J -4 EXCLUSIVE NEGOTIATION AGREEMENT This Exclusive Negotiation Agreement ( "Agreement ") is dated , 2017, for reference purposes only, and is entered into by and among the CITY OF SANTA ANA, a California charter city in the County of Orange of the State of California ( "City "), and CARIBOU INDUSTRIES, INC., a Nevada Corporation ( "Developer "), in order to provide a specified period of time to attempt to negotiate a disposition and development agreement ( "DDA "). City and Developer are sometimes referred to in this Agreement individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital "): RECITALS WHEREAS, the intent of the Parties in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding a future agreement among them governing the potential acquisition and development of certain real property, subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a firture DDA; and WHEREAS, the property contemplated is located at 201 West Third Street, Santa Ana, California 92701 (APN 398 - 264 -13) ( "Property "); and WHEREAS, City owns the Property; and WHEREAS, the Property is more particularly described in the legal description attached to this Agreement as Exhibit "A" and incorporated into this Agreement by this reference; and WHEREAS, Developer proposes to develop a mixed use hotel and commercial /retail project on the Property ( "Project "); and WHEREAS, the Parties now agree to enter into this Agreement for the purpose of further planning and evaluating the feasibility of the proposed Project; and WHEREAS, the Developer has represented its willingness and ability to undertake certain studies, plans and other activities necessary to define the scope of development and determine the feasibility of the Project on the Property and that such plans and other inforniation to be prepared during the course of this Agreement shall serve as the basis for entering into a DDA among City and Developer; and WHEREAS, City is willing to enter into a period of exclusive negotiations with Developer concerning Developer's potential development of the Project, subject to the terms and conditions of this Agreement. NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE PARTIES RELATING TO THE PROJECT AND THE COVENANTS AND PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE AS FOLLOWS: Exhibit Z 25J -5 I . Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 2. Term of Agreement. (a) The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred ( "Effective Date "): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery of such executed Agreement to the City, and (2) approval of this Agreement by the City's execution of this Agreement by their respective authorized representatives and delivery of such executed Agreement to the Developer. The City shall each deliver a fully executed counterpart original of this Agreement to the Developer, within ten (10) calendar days after the governing bodies of the City have approved this Agreement, and their authorized representatives have executed this Agreement. This Agreement shall continue in effect for the period of ninety (90) consecutive calendar days immediately following the Effective Date ( "Negotiation Period "), subject to the limitations of Sections 2(b). (b) The Negotiation Period may be extended upon the mutual written agreement of the City Manager and the Developer for no more than one (1) additional consecutive ninety (90) calendar day period. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed one hundred and eighty (180) consecutive calendar days from the Effective Date. (c) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period (as may be extended pursuant to the terms of this Agreement), unless, prior to that time, the City and the Developer approve and execute a separate DDA acceptable to the two Parties, in their respective sole and absolute discretion, in which case this Agreement will terminate on the effective date of such DDA. 3. Obligations of Developer. During the Negotiation Period, the Developer shall proceed diligently and in good faith to develop and present to City staff for review, all of the following: (a) A complete development application, together with the payment of all applicable review fees for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings; (b) Proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the Project on the Property; (c) A written commitment from an agent of a recognized hotel chain which written commitment must reflect the exact class and quality of the hotel brand; A proposed time schedule and cost estimates for the development of the Project on the Property; (d) A proposed financing plan identifying financing sources for all private and public improvements proposed for the Project; and 25J -6 (e) A preliminary financial analysis demonstrating the costs and benefits to the City regarding all constriction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project. 4. Negotiation of DDA. During the Negotiation Period, the Parties shall negotiate diligently and in good faith to negotiate a DDA among them. The Parties shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. The Parties shall exercise reasonable efforts to complete discussions relating to the terms and conditions of a DDA and such other matters, as may be mutually acceptable to the Parties, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the City or the Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and the Developer will be approved by the governing bodies of the City. The Developer acknowledges and agrees that the City's considerations of any DDA is subject to the sole and absolute discretion of their City Council and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law. 5. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement. (a) The qualifications and identity of the Developer and its principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with the Developer. During the Negotiation Period, no voluntary or involuntary successor -in- interest of the Developer shall acquire any rights or powers under this Agreement, except as provided in Section 5(c). (b) The Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control (as defined in Section 5(d)) of the Developer, as well as any and all changes in the interest or the degree of Control of the Developer by any such person, of which information the Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change, whether voluntary or involuntary, in ownership, management or Control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the City, prior to the time of such change, the City may terminate this Agreement, without liability to the Developer or any other person, by sending written notice of termination to the other Parties, referencing this Section 5(b). (c) Notwithstanding anything in this Agreement to the contrary, Developer may assign its rights under this Agreement to an Affiliate (as defined in Section 5(d)), on the condition that such Affiliate expressly assumes all of the obligations of the Developer under this 25J -7 Agreement in a writing reasonably satisfactory to the City and further provided that Developer shall, at all times, control any such Affiliate. (d) For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with the Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this agreement, "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise. 6. Developer Obligations to Review Draft Agreements and Attend Meetings. (a) During the Negotiation Period, the Parties shall diligently review and comment on drafts of a DDA prepared by the City Attorney, and if the terms and conditions of such a DDA are agreed upon among the City staff and the Developer, Developer shall submit the DDA fully executed by the authorized representative(s) of the Developer to the City Manager for submission to City Council for review and approval or disapproval. Any future DDA shall consist of terms and conditions acceptable to the Developer and the City Council of the City, in their respective sole and absolute discretion. (b) During the Negotiation Period, the Developer shall also keep City staff advised on the progress of the Developer in performing its obligations tinder this Agreement, on a regular basis or as requested by City Staff including, without limitation, having one or more of the Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such that such person(s) can meaningfully respond to inquiries from City and regarding the progress of the design and planning of the Project or the negotiation of a DDA, attend meetings with City Staff, as reasonably scheduled by City Staff during the Negotiation Period. 7. Developer to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by the Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and /or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by the Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in the Developer's discretion, regarding any matter relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of the Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City. The Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City and all applications and other documents and information to be submitted to the City and by the Developer pursuant to this Agreement or otherwise associated with the Project. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by the Developer in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and /or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be 25J -8 undertaken by the Developer during the Negotiation Period, whether or not this Agreement is, eventually, terminated or extended or a DDA is entered into among the Parties, in the future. 8. City Not To Negotiate With Others. (a) During the Negotiation Period, the City, and their respective staff shall not negotiate with any other person regarding the sale or development of the Property, except owners of or business tenants occupying property within the Project. The term "negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person other than the Developer, regardless of how initiated, with respect to that person's development of the Property to the total or partial exclusion of the Developer from redeveloping the Property, without the Developer's written consent, subject to the provisions of Section 8(b) and further provided that they may receive and retain unsolicited offers regarding development of the Property, but shall not negotiate with the proponent of any such offer during the Negotiation Period. (b) Nothing in this Agreement shall limit, prevent, restrict or inhibit the City from providing any information in its possession or control that would customarily be furnished to persons requesting information from the City concerning their respective goals, matters of a similar nature relating to development plans or as required by law to be disclosed, upon request or otherwise. 9. Acknowledgments and Reservations. (a) The Parties agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not approved and executed by the Parties, for any reason, none of the Parties shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Property or the development of the Project or the Property. (b) The Developer acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from the Developer for the City to convey any estate or interest in the Property to the Developer or for the City to provide any financial or other assistance to the Developer for development of the Property or execution of the Project. (c) The Developer acknowledges and agrees that the Developer has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City. (d) Certain development standards and design controls for the Project may be established among the Parties, but it is understood and agreed among the Parties that the Project and the development of the Property must conform to all City, and other applicable governmental development, land use and architectural regulations and standards. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for acquiring the real estate and entitlements within the Project. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. 25J -9 (e) The City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of the Developer to purchase, develop and operate the Property and/or the Project. The Developer acknowledges that it may be requested to make certain financial disclosures to the City, their staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City and relating to the potential sale of the Properties and development of the Project on the Property by the Developer and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of the Developer to the extent allowed by law, as determined by the City Attorney. Notwithstanding the foregoing, if the City receives a request for documents related to this Agreement or the Project pursuant to the California Public Records Act (Govt. Code Section 6254 et. seq) or similar statute, and the City determine that the City has responsive documents, the City shall provide Developer notice not less than three (3) days prior to releasing the responsive documents to the requesting party. During this three (3) day period Developer may seek a court order prohibiting the release of the documents. Any litigation or costs associated with protecting documents from disclosure shall be borne solely by Developer. (f) The City shall be deemed to be a Party to any agreement for the acquisition of, lease of or disposition of real or personal property, the provision of financial assistance to the Developer or development of the Project on the Property or elsewhere, until the terms and conditions of a complete future DDA are considered and approved by the City Council, in their respective sole and absolute discretion, following the conclusion of one or more duly noticed public hearings, as required by law. The Developer expressly acknowledges and agrees that the City will not be bound by any statement, promise or representation made by their respective staff or representatives during the course of negotiations of a future DDA and that the City shall only be legally bound upon the approval of a complete DDA by the City Council, in their respective sole and absolute discretion, following one or more duly noticed public hearings, as required by law. 10. Nondiscrimination. The Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking its obligations under this Agreement. 11. Limitation on Damages and Remedies. (a) THE PARTIES ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY ANOTHER PARTY, THE PARTIES AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES IN SUCH EVENT IS THIRTY THOUSAND DOLLARS ($30,000) (THE "LIQUIDATED DAMAGES AMOUNT "). THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE BREACHING PARTY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE 2 51 =10 DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY. Initials of Authorized Initials of Authorized Representative of City Representative of Developer (b) THE PARTIES EACH ACKNOWLEDGE AND AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF EITHER WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE PARTIES AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT. (c) THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. (d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF THE DEVELOPER TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND THE DEVELOPER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE CITY FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12. (e) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN THE EVENT OF A BREACH BY DEVELOPER, DEVELOPER SHALL NOT BE LIABLE OR RESPONSIBLE TO CITY FOR ANY LOST OR FOREGONE TAX 257=11 REVENUES, ECONOMIC OR COMMUNITY BENEFITS, FEES, CHARGES, OR ANY OTHER AMOUNT. THE PARTIES ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE CITY UPON THE BREACH OF THIS AGREEMENT BY THE DEVELOPER. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE CITY WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY ANOTHER PARTY, THE PARTIES AGREE THAT A REASONABLE ESTIMATE OF THE CITY'S TOTAL DAMAGES IN SUCH EVENT IS THE LIQUIDATED DAMAGES AMOUNT. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE CITY SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE DEVELOPER. NOTWITHSTANDING THE FOREGOING, IF DEVELOPER'S BREACH IS A FAILURE TO MAINTAIN THE INITIAL OR ADDITIONAL DEPOSIT REQUIRED BY THIS AGREEMENT, IN ADDITION TO THE LIQUIDATED DAMAGES DEVELOPER SHALL REIMBURSE THE CITY FOR THE ACTUAL INCURRED STAFF TIME AND THIRD PARTY CONSULTANT TIME EXPENDED ON THE PROJECT PRIOR TO THE DATE OF TERMINATION. Initials of Authorized Representative of City 12. Default. Initials of Authorized Representative of Developer (a) Failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who is claimed to be in default by another Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default, such Party shall not be in default under this Agreement. The notice and cure period provided in the immediately preceding sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period. Nothing in this subparagraph (a) shall prohibit Developer from extending the Negotiation Period pursuant to Section 2. (b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement without first delivering written notice of the default. (c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. (d) If a default of any Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement 25J =l2 by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and, in the case of a breach by the City, the Developer shall also be entitled to receive the Liquidated Damages Amount. 13. Compliance with Law. The Developer acknowledges that any future DDA, if approved by the City Council, will require the Developer to, among other things, carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. 14. Press Releases. The Developer agrees to obtain the approval of the City Manager in function of any press releases Developer may propose relating to the lease or development of the Property or negotiation of a DDA with the City prior to publication. 15. Notice. All notices required under this Agreement shall be presented (A) in person, (B) by a reputable same -day or overnight delivery service, or (C) facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested, to the address and /or fax number for the Party set forth in this Section. Notice shall be deemed confirmed by United States Mail effective the third (3rd) business day after deposit with the United States Postal Service. Notice by personal service or reputable same -day or overnight delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by notifying the other Parties in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party. TO DEVELOPER: Caribou Industries, Inc. Michael Harrah President 1103 N. Broadway Santa Ana, CA 92701 (T) (714) 543 -9484 (F) (714) 534 -9972 TO CITY: The City of Santa Ana Hassan Haghani Executive Director Planning and Building Agency 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California 92702 25JA 3 COPY TO: City Attorney 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 16. Warranty Against Payment of Consideration for Agreement. The Developer 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. Third parties, for the purposes of this Section, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects and other consultants, when such fees are considered necessary by the Developer. 17. Acceptance of Agreement by Developer. The Developer shall acknowledge its acceptance of this Agreement by delivering to the City three (3) original counterpart executed copies of this Agreement each signed by the authorized representative(s) of the Developer. 18. Counterpart Originals. This Agreement may be executed by the Parties in multiple counterpart originals, all of which together shall constitute a single agreement. 19. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the Parties. 20. Governing Law. The Parties acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of Santa Ana, California. The Parties agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without application of such laws' conflicts of laws principles. 21. Waivers. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against a Party, unless made in writing and executed by the Parties. 22. Construction. Headings at the beginning of each section and sub - section of this Agreement are solely for the convenience of reference of the Parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one Party, but rather as if the Parties cooperated equally in preparing this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement and incorporated into this Agreement by this reference. If the date on which a Party is required to take any action pursuant to the terms of this Agreement is not a business day of the City, the action shall be taken on the next succeeding business day of the City. 25J' =14 23. Attorneys' Fees. If a Party hereto files any action or brings any action or proceeding against another Party arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the case of the City, salaries (or fees) and expenses of the lawyers employed by the City (allocated on an hourly basis) who may provide legal services in connection with the representation of the City in any such matter. 24. Enforced Delay. No party shall be deemed in default of its obligations under this Agreement where a delay or default is due to an act of God, natural disaster, accident, breakage or failure of equipment, enactment of conflicting federal or state laws or regulations, third -party litigation, administrative action, including strikes, lockouts or other labor disturbances or disputes of any character, interruption of services by suppliers thereof, unavailability of materials or labor, unforeseeable and severe economic conditions, rationing or restrictions on the use of utilities or public transportation whether due to energy shortages or other causes, war, civil disobedience, riot, or by any other severe and unforeseeable occurrence that is beyond the control of that party (collectively, "Enforced Delay "). Performance by a party of its obligations shall be excused during, and extended for a period of time equal to, the period (on a day- for -day basis) for which the cause of such Enforced Delay is in effect. [Signatures on following page] 25111 =15 IN WITNESS WHEREOF, the Parties have executed this Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. ATTEST: MARIA D. HUIZAR Clerk of the Council TO FORM: I� F.A11466 • City RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager DEVELOPER By: President Dated: By: Vice- President Dated: 26;x=16 EXHIBIT "A" TO NEGOTIATION AGREEMENT Property Legal Description All of that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 1: All of Lots 2, 3, 6 and the Southerly 10.00 feet of the Northerly 20.00 feet of Lot 5 in Block 11 and all of Lots 1, 2, 3, 4, 5, and 6 in Block 12 of the Town of Santa Ana, as shown on a Map recorded in Book 2, page 51 of Miscellaneous Records of Los Angeles County, California. Together with that portion of Sycamore Street, 60.00 feet wide, as shown on said Map, as vacated and described in that certain Resolution No. 82 -17 of the City Council of the City of Santa Ana, a certified copy of which was recorded February 11, 1982, as Document No. 82- 051577 of Official Records of Orange County, California, bounded Southerly by the North line of Third Street, 60.00 feet wide, and bounded Northerly by a line parallel with and distant Northerly 140.00 feet, measured at right angles, from said North line of Third Street. Excepting therefrom the Easterly 15.00 feet of said Lot 3 in said Block 11. Parcel 2: A perpetual easement for ingress and egress over the South 2.50 feet of the East 15.00 feet of Lot 3 in Block 11 of the Town of Santa Ana, as shown on Map recorded in Book 2, page 51 of Miscellaneous Records of Los Angeles County, California, as reserved in the Deed of J.E. Lieberg et al, dated June 5, 1923 and recorded in Book 475, page 362 of Deeds, records of Orange County, California. Parcel 3: The right to use that portion of a brick wall of the building on Lot 1 in Block 11 of the Town of Santa Ana, as per Map recorded in Book 2, page 51 of Miscellaneous Records of Los Angeles County, California, which adjoins the East boundary line of the South 25.00 feet of Lot 2 in said Block 11, as a party wall, as granted by that certain Agreement, dated July 1, 1919 by and between H.R. Andre, also known as Roy Andre, et al, as parties of the first part, and L.J. Carden et al, as parties of the second part, recorded August 19, 1919 in Book 341, page 362 of Deeds, Records of Orange County, California. EXHIBIT "A" 25J -17 25J -18 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ( "Agreement') is dated 2017, for reference purposes only, and is entered into by and among the CITY OF SANTA ANA, a California charter city in the County of Orange of the State of California ( "City "), and CARIBOU INDUSTRIES, INC., a Nevada Corporation ( "Developer "). City and Developer are sometimes referred to in this Agreement individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital "): RECITALS A. City and Developer are parties to an Exclusive Negotiation Agreement, dated , 2017 (the "Negotiation Agreement "), pursuant to which City and Developer have entered into discussions necessary to evaluate the Project and to negotiate a DDA, if any. Capitalized terms used but not defined in this Agreement have the meaning assigned to them in the Negotiation Agreement. B. The Parties desire to enter into this Agreement to establish the terms and conditions upon which Developer will reimburse City for bona fide, actual costs paid and/or costs accrued in connection with and directly related to the Project and the negotiation and execution of the DDA, if any, such as expenses for engineers, architects, financial consultants, legal, planning and other consultants and contractors retained by the City ( "Eligible Expenses "). NOW THEREFORE, in consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the Parties agree as follows: TERMS 1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which City and Developer have entered into this Agreement. City and Developer each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Reimbursement of Costs. Developer agrees to reimburse the City for Eligible Expenses, up to a maximum of Fifty- Thousand Dollars ($50,000.00), payable within thirty (30) days after receipt by Developer of written documentation from City evidencing such Eligible Expenses. 3. Assignability. This Agreement may not be assigned by any Party without the prior and express written consent of the other Parties, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 4. No Prior Agreements and No Oral Modifications. This Agreement represents the entire understanding of City and Developer with respect to the subject matter hereof and supersedes all other prior or contemporaneous written or oral agreements pertaining to the Exhibit 25J -19 subject matter of this Agreement. This Agreement may be modified, only in writing signed by the authorized representatives of City and Developer. 5. Binding Upon Successors. This Agreement and each of its terms shall be binding upon City and Developer and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 6. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties. No person or entity has any rights or remedies under this Agreement. 7. Attorneys' Fees. If a Party hereto files any action or brings any action or proceeding against another Party arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the case of the City, salaries (or fees) and expenses of the lawyers employed by the City (allocated on an hourly basis) who may provide legal services in connection with the representation of the City in any such matter. 8. Jurisdiction and Venue. This Agreement is executed and is to be performed in Orange County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Orange, California. City and Developer each consent to the personal jurisdiction of the court in any such action or proceeding. 9. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, City and Developer both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 10. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 11. Representations of the Parties. Each person signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs. [Signatures on following page] 25J -20 IN WITNESS WHEREOF, the Parties have executed this Reimbursement Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. ATTEST: MARIA D. HUIZAR Clerk of the Council rr City TO FORM: RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager DEVELOPER By: President Dated: By: Vice - President Dated: c 25J -21 25J -22 WA=" 0 M • • ik CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: DONATION AGREEMENT WITH TKO YOUTH FOUNDATION FOR YOUTH PROGRAMS (STRATEGIC PLAN NO. 5,4) PAP /I ♦, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:• 9" ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 TKO Youth Foundation for on -going youth programs for a one -time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Sarmiento recommends appropriating $500 to TKO Youth Foundation to support on -going youth programs, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 29A -1 Donation Agreement with TKO Youth Foundation for Youth Programs March 21, 2017 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $500 will be spent from Councilmember Sarmiento appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director w Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29A -2 City of Santa Ana Donation Request * "a City Manager's Office— M-31 20 Civic Center Plaza P.O. Bar 1086 Santa Ana, CA 82702 (714) 547.5200 !Name: Mary H. Lana Title: Director Address: P.O. Box 28541 !Event Location: Jerome Center, 726 S. Center, Santa Ana, CA 92704 ;city, State, zip: 'Santa Ana, CA 92799 Phone: (714) 336 -3361 Email: mary.lara813aiyahoo.com Fax: jevent / Purpose: Name: TKO Boxing Club communityBenetlt: the City. We offer at -risk youths a safe and structured place to meet after school. Tax - Exempt Status: is your organization a non -profit or public tax - exempt organization as dernad under Section 601(0)(3) of the Internal Revenue Code? Select one: Yes ❑ No If Ito, you will only qualify for a credit for City- ralated costs for your request (i.e. pennit fees, M Yes - �stafftime, rental rates forfaci8ties or equipment, etc.). Costs for CiTyservkes vary andif full City Tax ID #: _+�3087✓�050 0.J C,? / G ;approved credit may or may not cover cost of requested sets Ices. Santa Ana, CA 92702 a3 a? lJ Li laity Services Credit Amount Requested: .$ Date Neoded: 3/15/17 'Mayor /Councilmembor. -; Sarmlento Direct IRegUe PaymentAmount !f? °quested: $500 OQ ;Event Dato: 'Event'nma: !Event Location: Jerome Center, 726 S. Center, Santa Ana, CA 92704 .Address, Uty state, 2rp iDescrip#ion For ongoing expenses, i.e, equipment, supplies, travel to competitions. of jevent / Purpose: TKO serves as a gang - prevention program in one of the most troubled areas of communityBenetlt: the City. We offer at -risk youths a safe and structured place to meet after school. 'Applicant Signature:` Dated Mail: City Manager's Office —M -31 Email: donationmquest@santaana.org. 20 Civic Center Plaza Fax: (714) 047 -6954 P.O. @ox 1088 Santa Ana, CA 92702 Donation Request 9: ., ,, _. .� _. DR- , _ Council [100ting Dais: Eligibility Met 0c, YES 1 NO Approved Amount: City Manager Signature: Data: jVl �Ii�l f Revised 11116/2015 24X-3 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH TKO YOUTH FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MARCH 21, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and TKO YOUTH FOUNDATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROVIDING GANG PREVENTION PROGRAMS AND AFTER - SCHOOL SERVICES TO SANTA ANA YOUTH ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SARMMNTO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE EDUCATION, SAFETY, HEALTH, FITNESS, AND POSITIVE LIFE SIU.LLS The foregoing is a general description of the public purpose, and is not necessarily the only public puupose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of FIVE HUNDRED DOLLARS ($500.00) for the on -going community outreach and adult educational clinics, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Tenn; Termination of Agreement, This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the irmnediate return of all frnids provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a. significant risk of �� CITY OF SANTA ANA DONATION AGREEMENT ]Page 2 of 3 injury, the _City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious tratima or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers, Recipient shall pay and satisfy airy judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in ally such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3,7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 29A -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL, A Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: Attest: M Gerardo Monet. Acting City Manager Maria D, Iluizar Clerk of the Council Approved as to Form: By J�nF! Assistant City Attorney TKO YOUTLI FOUNDATION a 501(c)3 NON - PROFIT ORGANIZATION M. J §IAT2 Signature Name: MARY H. LARA Title: Director 29A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE PAYMENT AUTHORIZATION TO PROCURE AMERICA FOR ELECTRIC UTILITY COST REDUCTION SERVICES {STRATEGIC PLAN NO. 4,31)) y� CIT MANAGER . f 0 • CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I3' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize payment of Procure America Invoice in the amount of $74,839.81 as compensation for generating electrical utility cost savings for various City departments. DISCUSSION On September 16, 2014, the City Council authorized staff to execute Agreement #A- 2014 -227 for a three -year period with Procure America for utility cost reduction services. The agreement called for Procure America to perform an operational review of the City's utility portfolio to identify cost saving opportunities and implement an initiative to specifically reduce the City's natural gas and electric utility bills. Since the initiative's implementation in June 2015, the City has generated a total of $292,652.89 in electric bill savings to date for various City facilities (Exhibit 1). Procure America's defined share of those savings is $160,027.49 which represents Procure America's total compensation to date (Exhibit 2). Procure America generates cost savings by identifying electric service accounts eligible for a rate review and requesting Southern California Edison (SCE) to adjust rates as applicable. The cost saving is the difference between the higher electric bill under the old rate and the lower electric bill under the new rate. Based on an initial assessment, Procure America concluded that 120 utility accounts required more in -depth analysis using detailed billing data from utility providers. The operational review goals were to evaluate how much utility charges would cost under various available rate schedules, assess whether billing errors had occurred, and identify cost - effective alternatives to the existing metering and billing configurations. The operational review report identified 43 electric accounts whose assigned rate schedules were suboptimal configurations that resulted in billing overcharges. The report also recommended rate schedule changes, explained the basis for each rate change, and estimated the amount of electric bill savings the rate changes would generate. 29B -1 Payment Authorization To Procure America For Electrical Utility Cost Reduction Services March 21, 2017 Page 2 At this juncture, staff is requesting the City Council to authorize a payment in the amount of $74,839.81 to Procure America per Invoice #6 -1604 representing Procure America's share of $112,259.72 in electric bill savings generated for the billing cycle covering August 2015 through November 2016 (Exhibit 3). The savings were generated at the following City locations: All payments to Procure America are funded by the City's electric utility cost savings generated under the agreement. Since savings are used to compensate Procure America, City staff verifies reported savings by reviewing relevant SCE electric bills and other supporting documents using an audit procedure that has been vetted by the City's Finance Department before payments to Procure America are approved. 29B -2 Am�ritoF Lf a1 ion M,�i n 1 Water Wells (Various) $24,477.94 Dan Young Complex $20,964.38 Football Field Lights $5,717.78 Cabrillo Tennis $4,904.65 Police Facilities $4,839.53 Adams Park $3,392.52 City Hall $2,903.67 Tennis Center $2,680.93 Santiago Ballfield $2,388.72 Centennial Park $1,388.90 Traffic Signals (Various) $478.12 Bike Trails (Various) $246.36 Stadium $125.64 Birch Park $115.37 Sasscer Park $113.22 Santiago Park $102.08 TOTAL $74,839.81 All payments to Procure America are funded by the City's electric utility cost savings generated under the agreement. Since savings are used to compensate Procure America, City staff verifies reported savings by reviewing relevant SCE electric bills and other supporting documents using an audit procedure that has been vetted by the City's Finance Department before payments to Procure America are approved. 29B -2 Payment Authorization To Procure America For Electrical Utility Cost Reduction Services March 21, 2017 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports Strategic Plan Goal #4 - City Financial Stability, Objective 3 (Maintain a structurally balanced budget with appropriate reserve levels), and Strategy 3D (Establish a committee of City staff to explore innovative revenue and cost recovery strategies). FISCAL IMPACT Funds are budgeted and available in fiscal year 2016 -17 in the following accounts: Parks, Recreation and Community Services Parks, Recreation and Community Services Public Works Agency Public Works Agency Police Department Park Maintenance Stadium Water Prod & Supply Traffic Signals Building & Facility 01113250 -62000 $42,078.99 01113210 -62000 $125.64 06017640 -62000 $24,477.94 02917620 -62000 $478.12 01114403 -62000 $4,839.53 Finance and Management Services Agency Building Maintenance 07310100 -62000 $2,903.67 TOTAL $74,839.81 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Procure America Total Electric Bill Savings 2. Procure America Total Compensation 3. Procure America Invoice #6 -1604 Payment Distribution 02/15/17 41W - r•- Exhibit 1 City of Santa Ana Total Electric Bill Savings As of 15- Feb -2017 By Department /Division /Facility Finance & Management Services Agency Facilities & Fleet Management Page 1 of 1 Department DivisionlFacility ` SCE Account Number, Street Address Description !.. Total Electric Bill Savings PRCSA Stadium 3 -030- 397648 650 N. Flower St. A Stadium $6,658.83 Subtotal - Stadium $6,658.83 Park Maintenance 3- 001 - 327361 800 N. Cabrillo SL Cabrillo Tennis $17,206,11 3- 001 - 3274 -32 3000 W. Centennial Centennial Park $2,168.74 3- 001 - 3274 -59 821 W. Walnut Tennis Center $9,212.46 3- 001 - 3276 -34 424 W. Third St. Birch Park $1,143.88 3 -001- 3276 -56 322 E. Central Ave. Bike Trall $322.83 3- 001 - 3276 -57 502 W. Santa Ana Blvd. Sasscer Park $1,385.37 3 -002- 6697 -71 2615 Valencia SL Santiago Park $2,628.52 3 -002- 6706 -52 3000 W. Edinger Ave. Centennial Park $410.20 3- 002- 7079 -92 3001 W. Edin er Ave. Centennial Park $2,257.95 3 -020- 1315 -13 2302 S. Felt Adams Park $11,985.74 3- 033 - 6489 -91 2539 3/4 Main St. Bike Trail $567.99 3- 040- 6777 -27 1450 314 N. Parton St. Football Field Lights $18,980.19 3 -005- 2303 -50 3000 W. Edinger Ave. Dan Young Complex $87,855.60 3 -001- 327340 2650 Santiago St. Santiago Ballfield $5,971.80 Subtotal - Park Maintenance $162,097.38 TOTAL - Parks, Recreation &Communi Services A enc PRCSA $168,756.21 PWA Traffic Signal Maintenance 3-008- 6180 -30 102 N. Mal St. Traffic Si nal $94.42 3- 009 - 3183 -04 1302 E. McFadden Ave. Traffic Signal $126.30 3 -017- 8587 -90 1703 N. Fairview St. Traffic Signal $150.40 3 -027- 6040 -04 706 3/4 Newhope St. Traffic Signal $36.73 3- 027 - 9160 -00 815 3/4 W. 17th St. Traffic Signal $152.18 3- 027- 9160 -54 1936 3/4 W. 17th St. Traffic Signal $143.41 3- 029 - 0660 -14 112 Ed ewood Road Tragic Signal $173.02 3029- 1720 -88 218 W. Buffalo Ave. Traffic Signal $130.57 3- 0314484 -17 1701 1/2 E, First St. Traffic Signal $188,93 3- 033 - 0646 -59 2535 3/4 N. Main St. Traffic Signal $145.90 3- 033 - 1427 -96 2901 3/4 N. Bristol St. Traffic Signal $185.34 3 -037- 2826 -72 1010 3/4 S. Lyon St. Traffic Signal $134.45 3 -037- 3017 -42 1017 E. Santa Ana Blvd, Traffic Signal $116.25 3 -037- 3018 -07 1207 Ritchey St. Traffic Signal $120.22 Subtotal - Traffic Signal Maintain nce $1,898.09 Water Production & Supply 3 -000- 2923 -73 2801 N. Westwood Water Well 32 $2.28 3- 029 - 798640 1301 N. Mamury St. Water Well $28,133.76 3- 029 - 9837 -84 9073 /4 Flower St. Water Well $42,616.76 3 -025- 328649 723 W. Walnut St. Water Well $12,932.78 Subtotal - Water Production & Supply $83,685.57 TOTAL - Public Works Agency PWA) $85,583.66 PD Buildin & Facilit 3 -010- 7153 -96 60 Civic Center Plaza Police Facilities $18,580.30 TOTAL - Police Department PD $18,58030 FMSA Building Maintenance 3- 000 - 133540 20 Civic Center Plaza City Hall $19,732.72 TOTAL - Finance &Management Services Agency FMSA $19,732.72 GRAND TOTAL $292,652.89 i► • - r•- - •. m x W z O Q Z W IL O J F- O F- Q d Q V W Q W w D V w a d .r+ d C K 0 w ° O E: F, Q Z H az CL :? Q R a N N o � O R r N Q 0 a o d R N L � fn C e (>0 O y > -0 V CA O) Y C R 0LO O O 0) r r � O LL n U w a FN- o Z o U LU m r U >_ O aa d c w R F o � Z O iT O C O P (n Lu a) a W 5 N = U 7 U R c cn R O N m O r W o (NO CMo O O LO n (o to m (O CD N r O 7 O O r 0) O r r d� N � 0 0 0 0 O O O O O O O O (R Yi LO co ul CO N r O d CO O r M f" Lr t0 D7 O r r V N h (a yr c C0 CO c 0 O N N N [ O O C N 0 C:, a c c E O ° � C � E .� � � S c .m .e u � a a c i N C a d r CD C k 0 w ° O E: h Q Z az IL �a L N 6n O) C_ O > � R Q a d R H L (� C a � O N (D .> O U m U w e R a� J H O F N O) C N U 0 O Fy- w Z C W = d U d a ° u 3 N n Z N CA W 0 0 > 2 W = N m w Q 0) o � N N w ° � ® Z = U coz 29B -7 N N r W (A � O O 00 m m W (D (o (A r e» W w w I- m to LO W el' (li V (b n 44 co N O Co I,- et LO 0) u) M N LO (NO � r M (H r r apo U� M N 0) N � C C CO r- , M 00 N (A N 0 N O N N_ C O c d R d C d a d a ) N 4! J F O 0) N N O O l0 64 O d' 6 N (D N M P M O N W O N N (A J h O Z ( L r•- O C Q 0 C 0 H f E � a m in `u Y b E m E LL u b c M u � E o.- .Q W iiam r•- • 8 8 VQ ^� oN o a° r$ r R R m 8 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m _ m S $ s s.asso n'rim e$ s. „$ N a 0 .'a 'a „'a „'a o 9 A Q C - C � e'l a3 A m - - - - - - - - - - - - 8 v 2 m to $ ° $ r ��° ^ S, m ° m F. $$ n e It A A 8 r m `m u7 v v$ ''m 8 6� 'a � w i w =' �� � 3 g• z ui 8 v 3• E c 3 3• N �r°i$v`fisR��$$"d8m e� ° A aA d d E m � y 3 3 f r•- • 29B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2017 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 2005 -29 TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ON- PREMISE CONSUMPTION AT EL CALAMAR RESTAURANT LOCATED AT 315 WEST SEVENTEENTH STREET - JOSEPH RODRIGUEZ, APPLICANT (STRATEGIC PLAN NOS. 3,2) CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0 As Recommended 0 As Amended ❑ Ordinance on 18' Reading Ordinance on 06 Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modification to Conditional Use Permit No. 2005 -29 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on February 27, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving modification to Conditional Use Permit (CUP) No. 2005 -29 as conditioned which approved an upgrade for the sale of beer, wine and distilled spirits for on- premise consumption at El Calamar restaurant at 315 West Seventeenth Street located in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION On March 15, 2005, the Planning Commission adopted a resolution approving CUP No. 2005 -29 for the operation of a Type 41 alcoholic beverage control license allowing the sale and on- premise consumption of beer and wine for Moncho's El Pescador restaurant. In 2008, El Calamar restaurant took over the restaurant establishment and has been operating under and in compliance with CUP No. 2005 -29. The applicant recently received authorization from the Department of Alcoholic Beverage Control (ABC) to upgrade from a Type 41 to a Type 47 alcohol license for the sale of distilled spirits in addition to beer and wine. Because of this, on January 5, 2017, the applicant submitted a conditional use permit modification application to the Planning Division. The modification to CUP No. 2005 -29 is required because the ABC license is being upgraded; however, the restaurant will continue to comply with the same operations standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. Full - sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Modification to Conditional Use Permit No. 2005 -29 — El Calamar Restaurant at 315 West Seventeenth Street March 21, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghs. i, AICP Executive Director Planning & Building Agency JG:rb M: \Conditional Use Permit =17 \CUP No, 2005 -29 Amend. No 1 at 315W 17th St \CUP No. 2005 -29 MOD No i.co Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 27, 2017 TITLE: PUBLIC HEARING — FILED BY JOSEPH RODRIGUEZ TO MODIFY CONDITIONAL USE PERMIT NO. 2005 -29 TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ON- PREMISE CONSUMPTION AT EL CALAMAR RESTAURANT LOCATED AT 315 WEST SEVENTEENTH STREET (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Jerry C. Guevara Executive Directo PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO y - RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 2005 -29 as conditioned. Executive Summary Joseph Rodriguez, representing El Calamar Restaurant, is requesting approval of modification to Conditional Use Permit No. 2005 -29 to allow the sale of beer, wine, and distilled spirits for on- premise consumption at an existing restaurant located at 315 West Seventeenth Street. The subject site is currently entitled under Conditional Use Permit No. 2005 -29 to sell beer and wine for on- premise consumption. Staff is recommending approval of the applicant's modification request due to the site's location away from sensitive land uses and the restaurant's history in compliance with the City codes and regulations. Table 1 • Proiect and Location Information Item Information Project Address 315 W. Seventeenth Street Nearest Intersection Seventeenth Street and Broadway General Plan Designation General Commercial (GC) Zonin Designation Community Commercial C -1) Surrounding Land Uses North Office / Parkin Lot East Commercial South Commercial _ West Commercial l Property Size 4,950 s . ft. _ Existing Site Development The site is developed with a 3,740 square -foot restaurant. Use Permissions Zoning Code Sections Affected Allowed with a conditional use permit E��i Uses Sectio SAMC O erational Standards Sectio96 C _ EXWM 3 Modification to CUP No. 2005 -29 February 27, 2017 Page 2 Project Description El Calamar restaurant is requesting approval of a modification to its existing conditional use permit to allow the sale of beer, wine, and distilled spirits for on- premise consumption. The current conditional use permit explicitly only allows for the sale and on- premise consumption of beer and wine; because of this, a modification needs to be approved by the Planning Commission. The restaurant will continue to operate as a sit -down bona -fide eating establishment. No alterations or expansion to the restaurant are being proposed at this time. Alcoholic beverages will be stored in a 43- square -foot storage room within the kitchen area, which is less than five percent of the gross floor area of the restaurant and it is consistent with the SAMC requirement. Table 2: Operational Standards Standards;," 13e "uiced b SAME . Providecj. ' Eatih Establishment T e Bona -Fide Bona -Fide Hours of Operation 8:00 am to 12:00 am 9:00 am to 12:00 am Window Dis la Live Entertainment 25% of Window Coverage Entertainment Permit Exceeds allowable coverage Permit renewed on 10/18/16 -6- Alcohol Stora e and Display Exterior Telephone 5% of G.F.A Prohibited 1 %of G.F.A None Parking Required 37 stalls 51 stalls ,. M01FITIrift The subject site was originally developed as a retail store building in 1947 and was then converted into a restaurant in 1964 and has been operating as such since then. On March 15, 2005, the Planning Commission adopted a resolution approving CUP No. 2005 -29 for the operation of a Type 41 alcoholic beverage control license allowing the sale and on- premise consumption of beer and wine for Moncho's El Pescador restaurant. In 2008, El Calamar restaurant took over the restaurant establishment and has been operating under and in compliance with CUP No. 2005 -29. The restaurant specializes in Mexican seafood cuisine and contains capacity for 98 patrons. The applicant recently received authorization from the Department of Alcoholic Beverage Control (ABC) to upgrade from a Type 41 to a Type 47 alcohol license for the sale of distilled spirits in addition to beer and wine. Because of this, on January 5, 2017, the applicant submitted a conditional use permit modification application to the Planning Division. The modification to CUP No. 2005 -29 is required because the ABC license is being upgraded; however, the restaurant will continue to comply with the same operations standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. 31A-4 Modification to CUP No. 2005 -29 February 27, 2017 Page 3 Proiect Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the application's request to sell beer, wine, and distilled spirits and has determined that the proposed CUP modification will not be detrimental to the health, safety, and welfare of the community. The subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. The closest public facility is Willard Intermediate School which is approximately 1,100 feet away and the closest residential property is 150 feet away. As a result, the granting of the CUP modification will not negatively impact any sensitive land uses that may be nearby. El Calamar is an established restaurant with a clean history and provides a service to the community and visitors of the City. The license upgrade will allow the restaurant to remain competitive with similar establishments and economically viable, and will meet customer demands during seasonal holidays. In addition, the on -site sale of alcohol to customers is intended to provide a service ancillary to the primary restaurant use. As part of the application process, the application was reviewed by the Police Department and Code Enforcement Division which have no issues of concern regarding this modification. The restaurant is currently in compliance with all applicable regulations and conditions imposed on an eating establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the SAMC. Furthermore, the conditions of approval and operational standards for on -sale establishments and periodic monitoring will ensure that the use will not deviate from the planned operation reviewed under this application and will mitigate any potential impacts created by such use. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-5 Modification to CUP No. 2005 -29 February 27, 2017 Page 4 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 163, which ranks 14 out of 102 Citywide Districts in total number of police - related incidents. This puts the restaurant in an area of the City considered above average in police - related incidents. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential impacts to the surrounding community. Moreover, the proposed conditional use permit will also be consistent with similar ABC licenses for restaurants in the area. Therefore, the Santa Aria Police Department does not oppose the granting of a CUP to this business. Table 3: CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strate is Plan Alignment, and Public Notification'& CommunitkOutreach CEQA' CEQA Type General Rule Section 15061 b 3 Reason(s) This exemption applies to projects where it can be seen with certainty that there is no Exempt or Analysis possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the operation of a Type 47 alcoholic beverage control license to sell beer, wine, and distilled spirits at a bona -fide restaurant. The City has determined that the use will not create any adverse impacts such as noise, traffic, or safety concerns. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy($) Development) Objective No. 2 of creating new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Community "'Outreach , Required Measures A public noticed was posted on the project site on February 16, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on February 16, 2017. Newspaper posting was published in the Orange County Reporter on February 16, 2017. Additional Measures The president and members of the Floral Park Neighborhood Association were contacted regarding this application and had no issues of concern regarding this application. 31A-6 Modification to CUP No. 2005 -29 February 27, 2017 Page 5 Conclusion Based on the analysis provide within this report, staff recommends that the Planning Commission approve ification to Conditional Use Permit No. 2005 -29 as conditioned. Jer . Gue a A1siat PI., ner I JG: jm MACondlllonal Use Permitl20'ITCUP No. 2005 -20 Arnand. No. I a1315 W. iTh S &CUP No. 2005 -29 MOO No. 1.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 -- Floor Plan 31A-7 ps ns _ —I P rcl _1m D — R1 R7 R1 cl- _ MD I AI I Ri } Bl Rl R7 R1 c flt s R7 N lil P P R SD °en R7 r$ ° so. T� R1 R1 Rl s P Nf - tl PR RI P na E Ri ®cs. R] Rl Rl R1 lxn Ra.p r'9 y cl cl Ct C1 CI ulU u.o V sz sp R !EO a CI Cl a 'i ?CI `- Cl Cl cl P 1 �m_ a h G3 P u e SP -3 I z -n I RI � i � � ,. 1 ➢ ssr I S� SPd Pl 21 e Po R3- R3- 2& 21 '� ^" dS' I nou wtu x xms a n>•� m. sr RI j f un a RI R3 RT O RZ RI 21 Al Rim A3 R3- p - eon xnn 3 m 3 I —' ra� la ..wi. x •d4 Nx Ax roe n P A2 si sv.a ` Ji PI PI i 21 Rt x1 pv AT P ft2 sP's ?0 SP -S JG3 @ N2 Bx P II—,,"�' RI �'�ni22 !� j SV 1 RI RI I. P SP 1 ] wu n R1 21 AI n1 nz P SP-3 P P' SP 3 5P-3 SP -3 P SD -20 ul snau SO -3Q © a L Al OM LAGPoCULTURAL, OR O WMBPOALFWDENIAL R1 SNGLEFAMILYR3DS,IML .S FHldahkiM001PICATON w GOVMMENTGN m MOPAMILYFMOENCE GSA COMMEMALSMIHMAIN Mt UGFMNDUSRRAL RS MUUIREOPSWMULTIR.E Ct CCMIMUNIWWAMS L M2 HEAWINDUSIRAL FAMILYPo'SMM CbMO Comm. CJJMMEilAUMU931M 007RCF MO MILITAWOPEMTIONS PA SIEUreANAM MMS C2 G9NERALCOMIARUA D OPENSm FE FESUENIALESTATE C3 GENTRAL&IgN69 P PR]FEMONAL SO SMACOEVEI.OMT C &A C/F MLW9N6ARMLlAGE FCO P.ANN®CC41MUNItt DEVHARUiB G' SPEOFlCRAN G RANNEDS OPRNGCENiER Ra RANN®REMMALDP.A3.OPMENT C5 ARMALCOMMS UAL MODIFICATION TO CUP 2005 -29 EL CALAMAR ON —SALE ABC 315 WEST SEVENTEENTH STREET — 50D FEET r =,000 FEET EXHIBIT 1 VICINITY MAP 31A-8 19TH --I m m STRFFT R S F E I A I G I D L L N E C E C O M M w F A m L V C O M M m F E w � L L E C m m w w w O O L (n Z N N - o� C O M M v r a fl COMMERCIAL m --I m m STRFFT R S F E I A I G I D L L N E C E C O M M F A I L C O M M R F E I A S T D L L E C E 17TH C O M M E R C I A L O C a Z 16TH STREET w m m -I STREET C 0 M M ElRCIAL M U L T I F A M I L Y R E S I D E N C E M.F,R. OFFICE w O MM, a o — a COMM. -G COMMERCIAL COMMERCIALI MODIFICATION TO CUP 2005 -29 EL CALAMAR ON -SALE ABC 315 WEST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 I L E F A I L C O M M E S I D E C E COMAIERCI L o� C O M M 17TH C O M M E R C I A L O C a Z 16TH STREET w m m -I STREET C 0 M M ElRCIAL M U L T I F A M I L Y R E S I D E N C E M.F,R. OFFICE w O MM, a o — a COMM. -G COMMERCIAL COMMERCIALI MODIFICATION TO CUP 2005 -29 EL CALAMAR ON -SALE ABC 315 WEST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 MODIFICATION TO CUP 2005 -29 EL CALAMAR ON -SALE ABC 315 WEST SEVENTEENTH STREET EXHIBIT 3 SITE PHOTOS 31A -10 (E)ALLEY T=50' �IPAYED PAR<NG LOT LOT 16 R =50' Q) V-� D PARKING LOT 'RA"' "AR EA n S1f IMP' FLE CWDC El Calamar MEXICAN GRILL & SEA FOOD ENTRY JILDING rx v" > F-I .2, (E) SIDE WALK T7 (E) DRIVE APPROACHED (r) WATER METER MODIFICATION TO CUP 2005-29 EL CALAMAR ON-SALE ABC 3480 WEST SEVENTEENTH STREET EXHIBIT 4 SITE PLAN 31A-1 1 01 1 la, kil MODIFICATION TO CUP 2005-29 EL CALAMAR ON-SALE ABC 315 WEST SEVENTEENTH STREET EXHIBIT 5 FLOOR PLAN 31A-12 RESOLUTION NO. 2017 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2005 -29 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT EL CALAMAR RESTAURANT LOCATED AT 315 WEST SEVENTEENTH 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. Joseph Rodriguez ( "Applicant "), representing El Calamar Restaurant, is requesting approval of modification to Conditional Use Permit No. 2005 -29 to allow the sale of alcoholic beverages for on- premise consumption for the property located at 315 West Seventeenth Street. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off - premise consumption. C. On February 27, 2017, the Planning Commission held a duly noticed public hearing on modification to Conditional Use Permit No. 2005 -29. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for modification to Conditional Use Permit No. 2005 -29 to allow the sale of alcoholic beverages for on- premise consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on- premise consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2017 -04 Page 1 of 5 31A -13 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverage for on- premise consumption at this location will not be detrimental to persons residing or working in the vicinity because conditions of approval and operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts create by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow El Calamar restaurant to remain economically viable and compete with nearby full- service restaurants in the local vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcoholic beverages for on- premise consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full - service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5 %) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the SAMC. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Resolution No. 2017 -04 Page 2 of 5 31A -14 The proposed sale of alcoholic beverages for on- premise consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Calamar is located in a commercial area and its operation is compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of alcoholic beverages at a full- service restaurant. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and that no expansion of square footage is proposed. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves modification to Conditional Use Permit No. 2005 -29 as conditioned in Exhibit "A" attached hereto and incorporated herein for the project located at 315 West Seventeenth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 27, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2017 -04 Page 3 of 5 31A-15 ADOPTED this 27" day of February, 2017. AYES: Commissioners: ALDERETE BACERRA, CONTRERAS -LEO McLOUGHLIN MENDOZA, NGUYEN, VERINO NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 27, 2017. Date: Commission Secretary City of Santa Ana 31A -16 Resolution No. 2017 -04 Page 4 of 5 EXHIBIT A Conditions for Approval for Modification to Conditional Use Permit No. 2005 -29 Modification to Conditional Use Permit No. 2005 -29 for a restaurant located at 315 West Seventeenth Street 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. 1. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance to the operational standards for on -sale establishments pursuant to Section 41- 196(g) of the SAMC. 2. There shall be no amplified sound used outside the building. 3. All activities shall be conducted inside the building. In the event the applicant wishes to provide outdoor dining, the applicant shall submit plans to the Planning Division for review after which the Planning Manager will determine if administrative relief is available or if the project must be reviewed by the Planning Commission to properly consider safety, health, and use adjacency issues. 4. Any and all existing or new lighting on the building's exterior must be maintained in good working order. All new exterior lighting shall be directed towards the restaurant and /or sidewalk and not towards other properties. 5. The parking lot shall be restriped in accordance to Sec. 41 -1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. 6. The existing trash enclosure shall be refurbished to include the installation of a new roof -cover that meets the current standard in place by the Planning and Building and Public Works agencies. 7. Remove unpermitted roof decorative lights along front and west elevations and remove all unpermitted window signage. 8. Condition No. 5, No 6, and No. 7 shall be addressed prior to the release of this resolution. Once the conditions have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions have been met and will release the resolution to the applicant. Resolution No. 2017 -04 Page 5 of 5 31A -17 31A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE. MARCH 21, 2017 TITLE: ADOPT A RESOLUTION DECLARING SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND SOUTHERN CALIFORNIA GAS COMPANY (STRATEGIC PLAN NO. 5, 2) � /" CITY IMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 at Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For,.,,,,,,_ CONTINUED TO FILE NUMBER Adopt a resolution declaring support for an energy partnership between Southern California Edison Company and Southern California Gas Company to be known as "Energy Partnership." DISCUSSION The California Public Utilities Commission (CPUC) has authorized Southern California Edison (SCE) and Southern California Gas Company (SCG), in partnership with cities, to deliver energy efficiency programs to utility customers in their service area. The City was awarded a single -city Energy Leader Partnership with SCE for 2010 -2012. The agreement was subsequently extended with first, second, and third amendments through March 31, 2017. The City was also awarded a single -city Energy Leader Partnership with SCG for 2013 -2014. That agreement was subsequently extended with first and second amendments to March 31, 2019. The focus of these partnerships is to jointly deliver energy efficiency information, training, and materials that benefit Santa Ana customers. The partnerships also optimize the City's opportunities for achieving short- and long -term energy savings and reduced utility bills, and assist City residents and businesses in understanding, managing, and reducing energy use and costs. SCE and SCG have maintained a multi - jurisdiction "Energy Partnership" with the Cities of Huntington Beach, Newport Beach, Irvine, Costa Mesa, Fountain Valley, and Westminster for the same purposes in those cities. The individual City of Santa Ana partnerships are now being combined with this regional Energy Partnership. Instead of executing individual agreements and amendments, as in the past, SCE and SCG now simply request a Resolution declaring support for the Energy Partnership. SCE and SCG will 55A -1 Resolution of Support for SCE and SCG Energy Partnership March 21, 2017 Page 2 represent the member cities and implement the activities of the participating Energy Partnership jurisdictions. Adoption of this Resolution will enable the continuation of energy efficiency programming through the partnership. The partnership framework provides enhanced incentives for energy savings projects in City facilities, technical assistance, marketing, and education and outreach to support Santa Ana's energy and sustainability efforts in the community. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with extending the agreement. However, continued implementation of energy efficiency programs and strategies will enhance the environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT There is no fiscal impact associated with this resolution. While there is no cost to the City by participating in the partnership, the City is eligible for additional monetary incentives for energy efficiency improvements /projects. Pred Mousavipour Executive Director Public Works Agency FM /MLM /CLK Exhibits: 1. Resolution 55A -2 jrnf 2/28/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND SOUTHERN CALIFORNIA GAS COMPANY TO BE KNOWN AS "ENERGY PARTNERSHIP" WHEREAS, the Energy Partnership representing the participating County and City supports "energy efficiency" initiatives, polices, and construction standards in orderto ensure that our communities follow and encourage sustainable practices; and WHEREAS, local demand for electricity has grown, and it is expected that demand for electricity will continue to grow in the near future to support a growing population and economy; and WHEREAS, residents and businesses spend significant amounts for energy, it makes economic sense and good public policy to encourage energy efficiency in the City of Santa Ana and our community; and WHEREAS, energy efficiency programs enhance our environment by improving air quality, reducing greenhouse gases and other pollution, and conserving natural resources; and WHEREAS, it is vital for our community to keep spending locally and to encourage innovations in the way we behave, build, and incorporate energy into our everyday business and personal lives; and WHEREAS, there is a growing movement within California communities and businesses to improve everyday practices and create more sustainable and "greener" cities; and WHEREAS, the communities comprised of the Energy Partnership seek to promote innovative methods and state -of- the -art technologies used in the design and construction of new residential and - commercial buildings within the region, in order to bring energy and natural resource consumption in line with our sustainability goals; and WHEREAS, the Energy Partnership brings together the City of Santa Ana, SCE, SCG, and the Energy Partnership member agencies in a cooperative program to promote energy efficiency, regional sustainability goals, and collaboration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Resolution No. 2017 -XXX Rage 1 of 3 55A -3 Section 1. The City of Santa Ana supports a commitment to sustainable practices through energy efficiency and will provide leadership and guidance in promoting, facilitating, and instituting such practices in the region. Section 2. The City of Santa Ana supports and endorses the Energy Partnership (an SCE & SCG Local Government Partnership) as an effective method to help meet long -term regional economic and environmental goals, Section 3. The City of Santa Ana will name one or more individuals to the Energy Partnership working group that will review progress regularly with the Cities of Huntington Beach, Newport Beach, Irvine, Costa Mesa, Fountain Valley, and Westminster, and SCE and SCG. Section 4. The City of Santa Ana with the assistance of SCE and SCG and the Partnership will identify and support implementing the suite of programs and projects within the City of Santa Ana municipal facility and community energy efficiency and sustainability goals, Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21 st day of March, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Assistant City Attomey AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolutlon No. 2017 -XXX Page 2of3 Miguel A. Pulido Mayor 55A -4 jmf 2/28/17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date; Clerk of the Council City of Santa Ana 55A -5 Resolution No, 2017 -XXX Page 3 of 3 'P�PM