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Home My WebLink About FULL PACKET_2018-06-19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 5, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:22 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO (6:10 P.M.) JOSE SOLORIO SAL TINAJERO (5:20 P.M.) JUAN VILLEGAS (5:17 P.M.) COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, 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 5:16 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: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 10A-1 JUNE 5, 2018 a. Orange County Catholic Worker, et al v Orange County, et al U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) b. Theresa Le v. City of Santa Ana, et al. Orange County Superior Court, Case No. 30-2018-00988425-CU-CR-CJ C c. Donald Stow v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8675285; ADJ9087503; ADJ972426; ADJ9419981 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: Two cases Kj 9 G CONFERENCE WITH LEGAL COUNSEL - THREAT OR POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(d)(2): One Case CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2467 N. Riverside Drive; Santa Ana, CA; APN is 002-050-05; Area is 4283 Square Feet (0.098 Acre) Owners: Eugen Charles Andres, III and Ann Avery Andres Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, Executive Director of Human Resources Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Part -Time CITY COUNCIL MINUTES 2 JUNE 5, 2018 1OA-2 CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION. AT 7:01 P.M. CITY COUNCIL MINUTES 10A-3 JUNE 5, 2018 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:03 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JACK ABEELEN, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Taqueria La Venganza in recognition of contributions to the community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Templo Calvario Community Development Corporation in recognition of 15 years of service in Santa Ana and contributions to the community. CITY TILE presented by MAYOR PULIDO AND MEMBERS OF THE COUNCIL to Gerardo Mouet for his service to the community as Executive Director of Parks, Recreation and Community Services. CLOSED SESSION REPORT- See Agenda Item 19A for reportable action. CITY COUNCIL MINUTES 4 JUNE 5, 2018 10A-4 PUBLIC COMMENTS — None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 30A, with the following modifications: • Mayor Pro Tern Martinez dissented on Agenda Items 11 C and 11 D; and pulled Agenda Item 25C for separate discussion. • Councilmember Sarmiento abstained on Agenda Items 10A, 11A, 11B, 11C, and 11 D. • Councilmember Tinajero dissented on Agenda Item 11 C (previous vote from May 15, 2018 City Council meeting) • Agenda Item 30A continued, at the request of staff. MOTION: Villegas VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES SECOND: Benavides Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (5)** Martinez (1 See note above for specific items) * Sarmiento (1 See note above for specific items) ** Pulido (1) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF MAY 15, 2018 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. *Councilmember Sarmiento abstained on Agenda Item 10A. CITY COUNCIL MINUTES 5 JUNE 5, 2018 10A-5 ORDINANCES/SECOND READING 11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS OF CHAPTER 9 AND CHAPTER 2 TO CHANGE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES (STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Placed on first reading at the May 15, 2018 City Council meeting and approved by a vote of 6-0 (Sarmiento absent). Published in the Orange County Reporter on May 25, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2946 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO CHANGE THE CLASSIFICATION, EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES *Councilmember Sarmiento abstained on Agenda Item 11A and Mayor Pulido absent (vote 5-0-1-1). 11B. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION (STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Placed on first reading at the May 15, 2018 City Council meeting and approved by a vote of 6-0 (Sarmiento absent). Published in the Orange County Reporter on May 25, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2947 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION *Councilmember Sarmiento abstained on Agenda Item 11B and Mayor Pulido absent (vote 5-0-1-1). CITY COUNCIL MINUTES 6 JUNE 5, 2018 10A-6 OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO, OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT{STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Placed on first reading at the May 15, 2018 City Council meeting and approved by a vote of 4-2 (Martinez and Tinajero dissented and Sarmiento absent). Published in the Orange County Reporter on May 25, 2018. *Mayor Pro Tern Martinez and Councilmembers Tinajero dissented; Councilmember Sarmiento abstained and Mayor Pulido absent on Agenda Item 11 C and (vote as part of Consent Calendar motion was 3-2-1-1). Request by Mayor Pulido to reconsider action to allow sufficient number of councilmembers to participate in the vote. Approved by unanimously consent. MOTION. Place ordinance on second reading and adopt. ORDINANCE NO. NS-2948 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE -FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT MOTION: Soloro SECOND: Villegas VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: Martinez, Tinajero (2) ABSTAIN: Sarmiento (1) ABSENT: None (0) APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONIN SUS PROPERTIES LOCATED ALONG THE BRISTOL STREE ZIDOR AND ZONING ORDINANCE AMENDMENT NO. 20154 MING THE BRISTOL STREET CORRIDOR_. SPECIFIC PLA Placed on first reading at the May 15, 2018 City Council meeting and approved by a vote of 5-0 (Sarmiento and Solorio absent). Published in the Orange County Reporter on May 25, 2018. CITY COUNCIL MINUTES 1 OA-7 JUNE 5, 2018 MOTION. Place ordinance on second reading and adopt. ORDINANCE NO. NS-2949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) 'Mayor Pro Tern Martinez dissented on Agenda Item 11 D and Mayor Pulido absent (vote 5-1-1). BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE REGULAR MEETING OF ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY CITY COUNCIL COMMITTEE, MARCH 12, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. 13B. APPOINT ADOLFO SIERRA TO THE ARTS AND CULTURE COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 1 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appointed Adolfo Sierra to the Arts and Culture Commission as the Ward 1 representative (replaces L. Orozco). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Settlement as follow: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Donald Stow v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8675285; ADJ9087503; ADJ972426; ADJ9419981; Settle in the amount of $50,000 approved by 7-0 vote. 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES JUNE 5, 2018 10A-8 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL -IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MAY 2018 {STRATEGIC PLAN NO. 5, 1} — Public Works Agency The CIP Executive Summary Schedule is available on the City's website at http•//www santa-ana org/pwa/documents/ExecutiveMonth]yCIPMav2Ol8.pdf MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD PURCHASE ORDER TO ATLANTIC MACHINERY, INC., FOR A COMPRESSED NATURAL GAS HYDRO -EXCAVATION UNIT FOR THE WATER RESOURCES DIVISION -SPEC. NO. 18-044 {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency; and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Atlantic Machinery, Inc., for the procurement of a compressed natural gas hydro -excavation unit in the amount of $507,748.38, subject to non- - substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. ACCEPT CONSTRUCTION COMPLETION FOR THE WARNER AVENUE AND FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15- 6840 AND 16-6858) {STRATEGIC PLAN NO. 6, 113; 1C; 1G} — Public Works Agency MOTION. Accept the work as completed for the construction of the Warner Avenue Pavement Maintenance and the First Street Pavement Maintenance projects. 23B. AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR LOCAL STREET PREVENTATIVE MAINTENANCE FISCAL YEAR 2017/18 PROJECT (PROJECT NO. 18-6907) {STRATEGIC PLAN NOS. 6, 113; 1C; 1G} — Public Works Agency MOTION. 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,574,539, for CITY COUNCIL MINUTES 9 JUNE 5, 2018 10A-9 the term beginning upon execution of the contract and ending upon project completion, for construction of the Local Street Preventative Maintenance FY 2017/18 Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,850,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $118,007. 25A. APPROVE AN AGREEMENT WITH GOVERNMENTJOBS.COM, INC. (dba "NEOGOV") FOR INSIGHT SERVICES TO AUTOMATE BUSINESS PROCESSES FOR EFFICIENT RECRUITMENT, TESTING AND HIRING {STRATEGIC PLAN NO. 7, 5A) — Human Resources Department and Information Technology Department MOTION: Authorize the City Manager and Clerk of the Council to approve a two year agreement with NEOGOV, for the period of June 25, 2018 through June 24, 2020 for the use of "Insight," a Human Resources Recruitment and Applicant Platform service in the amount not to exceed $31,567, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-138). 25B. APPROVE AN AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES, INC. FOR COMMUNICATIONS AND MEDIA RELATED SERVICES {STRATEGIC PLAN NOS. 4 AND 6) — City Manager's Office MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Tripepi Smith and Associates, Inc. (also known as Tripepi Smith) for on -call communications and media related services and a communications assessment for a one-year term beginning June 1, 2018 through June 30, 2019 with the option of two additional one-year extensions for an amount not to exceed $150,000, subject to non - substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-139). PARKING LEASE AT 300 EAST FIFTH STREET {STRATEGIC PLAN NO. 3 4B) —Finance and Management Services; and Planning and Building AgencF CITY COUNCIL MINUTES 10 JUNE 5, 2018 10A-10 Mayor Pro Tern Martinez, asked City Staff to clarify if there is anyone currently on -contract or is structure strictly a city parking facility; noted this would be the first time City enters into a long term lease; need to maximize parking use. Councilmember Solorio, asked staff to clarify rates and if there are similar residential parking stall arrangements; request staff offer the same arrangements in the future in order to avoid the appearance of preferential treatment. MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with East End Realty Partners, LP for a minimum of thirty- six (36) parking spaces and a maximum of forty-eight (48) parking spaces in the City owned parking structure located at 300 East Fifth Street for an initial six months period, at a monthly rate of $1,620 per month. After the initial six months period, the agreement shall be for a subsequesnt period of ten years, with two additional ten-year extensions, at a minimum -monthly rate of $2,160, subject to non -substantive changes approved by the City Manager and City Attorney..(AGMT. No. 2018-140). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Sarmiento, Solorio, Tina)ero, Villegas (7) None (0) None (0) None (0) 25D. APPROVAL OF QUALIFIED CONSULTANTS TO PROVIDE PLANNING SERVICES ON AN AS -NEEDED BASIS {STRATEGIC PLAN NO. 3, 31 — Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements, as provided in the attached template, approved as to form by the City Attorney's Office, with no substantive changes, to engage each of the 15 planning services firms listed below for a period of three years to provide on -call planning services for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications No. 17- 043. The total compensation for services provided by planning consultants is a cumulative amount not to exceed $750,000 ($250,000 per year), subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2018-141). CITY COUNCIL MINUTES 11 JUNE 5, 2018 10A-11 Planning Service AECOM Technical Services, Inc. Annealta Group Chamber Group Inc. CSG Consultants, Inc. Environment Planning Development Solutions, Inc. (EPD Solutions, Inc.) De Novo Planning Group Dudek Greenwood and Associates Consultants: Infrastructure Engineering Corporation (IEC) ICF Jones & Stokes, Inc. (ICF) Michael Baker International Moore, lacofano, Goltsman, Inc. (MIG) PlaceWorks, Inc. Rincon Consultants, Inc. Sagecrest Planning and Environmental, LLC 25E. APPROVE AN AGREEMENT WITH IDEXX LABORATORIES INC. TO PROVIDE VETERINARY DIAGNOSTIC LABORATORY SERVICES TO THE SANTA ANA ZOO {STRATEGIC PLAN NO. 5, 5C) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute - an agreement with IDEXX Laboratories Inc. to provide veterinary diagnostic laboratory services to the Santa Ana Zoo from June 5, 2018 through June 4, 2019 with two, one-year renewal options for an amount not to exceed $16,000 per year and a total agreement amount of $48,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-142). 25F. APPROVE AN AGREEMENT WITH WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC., FOR COMMERCIALIINDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES {STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Wood Environment and Infrastructure Solutions, Inc., formerly Amec Foster Wheeler Environment & Infrastructure, Inc., to provide Environmental Consultant Services for the Commercial and Industrial Inspection and Database Management program, for a three-year term beginning July 1, 2018, and expiring June 30, 2021, with provision for one 2-year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $325,000 per year, including an annual contingency of $78,735, for a total amount not to exceed $975,000 during the three-year term, subject to non -substantive changes by the City Manager and City Attorney(AGMT. No. 2018-143). 25G. APPROVE AN AGREEMENT WITH CHARGEPOINT INC. FOR ELECTRIC VEHICLE CHARGING STATION CLOUD NETWORKING SERVICES {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency CITY COUNCIL MINUTES 12 JUNE 5, 2018 10A-12 MOTION: Authorize the City Manager and Clerk of the Council to execute Master Services and Subscription agreement with ChargePoint Inc. to provide cloud networking services for City owned electric vehicle charging stations effective June 5, 2018 until the expiration of all subscriber service plans, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-144). 25H. APPROVE THIRD AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM MAINTENANCE {STRATEGIC PLAN NO. 7, 2D) - Information Technology Department MOTION: Authorize the City Manager and the Clerk of the City Council to execute a third amendment with NEC Corporation of America, Inc. to provide maintenance and support services for the City's telephone system for a one-year extension, beginning July 1, 2018, through June 30, 2019 with an optional one-year renewal, for an amount not to exceed $287,500, which is comprised of the sum of $250,000 for on -site labor and support services and 15% contingency of $37,500, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-145). 251. APPROVE AGREEMENTS WITH APPLEONE, HB STAFFING, HELPMATES FOR TEMPORARY EMPLOYEE STAFFING SERVICES AND AUTHORIZE PAYMENT OF INVOICES TO STAFFMARK TEMPORARY STAFFING AGENCY {STRATEGIC PLAN NO. 7, 5E) — Human Resources Department and Clerk of the Council Office MOTION: Authorize the City Manager and Clerk of Council to execute agreements for an initial three-year term beginning July 1, 2018 and ending June 30, 2021; with a City option for a two-year extension beginning July 1, 2021 and ending June 30, 2023 subject to non -substantive changes approved by the City Manager and City Attorney. The total amounts between these agreements is not to exceed $400,000 per fiscal year for a total compensation not to exceed $1,200,000 over the initial three- year period, and $800,000 over the optional two-year extension. a. With AppleOne (AGMT. No. 2018-146) b. With HB Staffing (AGMT. No. 2018-147) c. With Helpmates (AGMT. No. 2018-148) CITY COUNCIL MINUTES 13 JUNE 5, 2018 10A-13 2. Authorize the City Manager and Clerk of Council to pay invoice to Staffmark for payment of outstanding invoices in an amount not to exceed $5,150.52. 25J. APPROVE AGREEMENTS WITH AECOM AND MVR CONSULTING FOR ON - CALL SOFTWARE MAINTENANCE AND DEVELOPMENT SERVICES FOR VARIOUS PUBLIC WORKS APPLICATIONS{STRATEGIC PLAN NO. 6, 11 — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with AECOM and with MVR Consulting to provide on -call software maintenance and development for the various Public Works Agency custom software applications, for a two-year term beginning June 5, 2018, and expiring June 4, 2020; with a provision for a one-year extension exercisable by the City Manager, in an aggregate amount not to exceed $50,000 annually; and a total aggregate agreement amount not to exceed $150,000 for the term of the agreements, subject to non - substantive changes approved by the City Manager and City Attorney. 1. With AECOM (AGMT. No. 2018-149) 2. With MVR Consulting (AGMT. No. 2018-150) MISCELLANEOUS - BUDGET 29A. APPROVE DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4} — City Council MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: Santa Ana FC Corp in support of on -going soccer activities for youth in Santa Ana, in a one-time donation amount of $500 (Councilmember Sarmiento); 2. Centro Cultural de Mexico En El Condado de Orange in support El Dia del Nino event that occurred April 29, 2018, in a one-time donation amount of $500 (Councilmember Benavides). CITY COUNCIL MINUTES 14 JUNE 5, 2018 1 OA-14 DEEDS — TRANSFER OF PROPERTY 30A. APPROVE SANTIAGO CREEK BOUNDARY LOT LINE ADJUSTMENT (2467 NORTH RIVERSIDE DRIVE) {STRATEGIC PLAN NO. 6, 1} — Public Works Agency MOTION: Continue consideration of matter, at the request of staff. **END OF CONSENT CALENDAR** CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO ADOLFO SIERRA, ARTS AND CULTURE COMMISSIONER. REGULAR BUSINESS CALENDAR PUBLIC HEARINGS (ITEMS 75A - 75E WERE CONSIDERED OUT OF ORDER) 75A-1. PUBLIC HEARING — ADOPT THE FISCAL YEAR 2018-2019 CITY BUDGET {STRATEGIC PLAN NO. 4, 2A} — Finance and Management Services Legal Notice published in the Orange County Reporter on May 25, 2018 and June 1, 2018. staff report: • FY 18-19 Proposed Total Citywide Budget • FY 18-19 Proposed General Fund Budget • Proposed Changes to Miscellaneous Fees • FY 18-19 Proposed Capital Improvement Plan • Next Steps CITY COUNCIL MINUTES 15 JUNE 5, 2018 10A-15 Proposed FY18-19 Citywide Budget Expenditures: $54Z2M 9u,tuwrA • .. m94&0 Oa G91u1 F d%39944%M 4 Structural Deficit ($17.1M) Enterprise Fund Compliance ($1.5M) Ongoing Cost Reductions $4.40M Ongoing Revenue Increases $3.10M Unassigned Fund Balance $10.20M Use of One -Time Revenue,„...,o.-1.,..,,1 $0.25M Net Adjustments $0.65M Ongoing Cost Reductions $4.4M • Departmental Budget impactsisi.7Ml • Cost Saving Strategies (smosvawe-si.sm) • Reducing Strategic Plan Funding Level 15700K) • PERSSafety Prepayment Savings (SsaoK) Ongoing Revenue Increases $3.11VI • Commercial CannabislS2.6M:t/3ororo7«udamounU • User Fee Study tsaooKwruaivearl • Advertising/Marketing Opportunities(SWOKEmploYe9RecommendWons) CITY COUNCIL MINUTES 16 JUNE 5, 2018 10A-16 Police Department: $944K Ongoing Cost Reductions: $459K •$20OMAra=rkContractSavings(bidscemeinbwerthanantidNtedl • $jjdX.Deletiunoffwepen-time Cotrmdonal5ervitesoffcersvaa.cimorthee tC.akntottwo FTE • S9j@Delelion oftv+oCorrectional Records SMiaNstsvacancies (Replaced with four part-time positions) • $501e Securny5ervkesat fM Police Building's South Entrance no longer needed • Ongoing Revenue Increases:$485K • S2agMAdditional Parking Related Revenue • $207Mgeimbursementof5chool Resource Officer—OCSA Parks & Library: $270K • $80)tSeek alternative funding for 5K and Ping NavideRa events • $SOKCbsingofthetrbraryon5undays • $50K:Reducefourpan-timevecentpofaicnsasslEmdto5ummersponprograms • $SOXRedumiandvapenifmt nanceccntraammkes • $40x5eek ahenutivefunding for Catalina trip or reduce trip costs by 50% Planning & Building: $169K • $156K: Reduction in contract services budget • $13K: Reduction In operating materials & supplies Public Works: $101K • $101K: Reduction in utilities as a result of savings from Streetlight Project All Other Departments (city manager, City Attorney, City Clerk, CDA, Finance, Hill: $240K • Reductions in various line -Items: contract services&personnel costs tied to position reallocations. City Manager's - -ic_e _ $40K _ _ City Attorney $53K City Clerk $16K Community Development $12K Finance $951<_ Human Resources $27K CITY COUNCIL MINUTES 17 JUNE 5, 2018 10A-17 Proposed FY 18-19 General Fund 11 Revenue Sources: $250.210 %ot.I .n'T. MMNnhu Q.nulerS.Me.rthm sum $!AM Into ...ntd $iuM sum t3% 4nn.Y4R.bue R.nnu.• $34<M 41Y3M Ae.mYD.W.14 g„n.�., 6 Tnrohr/mmren�l] -- $uM u% '4nvlh R.4tw R.ww.: M ..)M J..n.$]SM Md ft-W.RMMSSSM m1h. h. com 41: sum •• Irclud.f SI M 45.40l t.M "• IWW.U]Rrnnwol SLUM ]0 Proposed FY 18-19 General Fund 11 Expenditures. $260.410 *Other Includes: City Manager. $2.6M, CltyAttomey: $3.5M, Clerk: $1.7M, HR: $I.BM, Cost Saving Strategles: ($1.5M), Bowers: $1.5M, COA: $0.9M 11 CITY COUNCIL MINUTES 18 JUNE 5, 2018 10A-18 • FY 18-19 GF Expenditure $260.41M: • Assumes no new labor negotiated increases • Reflects PERS increase of $5.9M • Includes increase of OCFA & CARE Contract of $2.OM • Includes the current projected ADP (average daily population) of additional $1.9M in Jail Facility Revenue • Provides $1.9M to maintain current Police Officer recruitment levels • Reflects partial year funding for Enterprise Fund compliance ($1.5M) • Includes Additional Workers Comp. Funding of $1.OM • Additional General Plan funding of $850K • Includes $600K in funding for November elections • Includes $250K in funding for Fiscal Assessment • Includes $100K for Payroll Review • Quality of Life Team & Homeless • Enterprise Fund Compliance • More Youth Programing • Worker's Compensation • Funding to Enhance Economic Dev. • Liability Increases • Additional Police Officer Recruitments • City Hail Seismic Retrofit • Maintain Reserve Policy Funding levels • SARTC Improvements • Facility Deferred Maint. & Vehicles • PERS Challenges • Information Technology Infrastructure CITY COUNCIL MINUTES 19 JUNE 5, 2018 10A-19 Additions/Deletions • General Fund — addition of 4 positions (3 Parking Control Officers & 1 Payroll Manager) • Non -General Fund — net addition of 1 Management Analyst position Reallocations • General Fund Reallocation —17 positions • Non-GF Reallocation —1 Risk Manager position DEPARTMENT Authorized Poshow (All Funds) Unfunded Positions, City Manager's Office 10 a City Attorney'sOfRce 15 0 Clerk of the Council 5 0 Community Development 46 0 Finance& Management Services 105 1 Information Technology 17 0 Personnel Services 15 0 Planning Building 72 5 Police Department 634 50- PRCSA8,Library 74 1 PublicWarksAgency 169 0 •Includes 36 Poll" Offices CITY COUNCIL MINUTES 20 JUNE 5, 2018 1 OA-20 The fees are adjusted annually to reflect the change in the Consumer Price Index (CPI) — 3.88% (Los Angeles — Riverside — Orange County; Dec. 2017) Includes 16 new fen • PWA (12)—Water Meter • CDA (2)—TEFRA Hearing • PRCSA (1) —Filming Permit Processing Fee —Student A Modified fees • PBA (6)—Solar • Fire (1)—Emergency Base Rate/Transportation • PRCSA(I)—Zoo Admissions 9 Deleted fees • PWA (6) —Water Meter, Sewer Cleaning • PBA (1)- Business Certificate of Occupancy • COTC(2)—Subscription of Agenda/Minutes • PRSA(1)—Library Services 11970CAPITALRAPROVPIADAT PROGRAM (CIP) $40,073,$$e Fa rqct�i LSI�rstret 'DeAne On�inspAMprovemeres OnProvememsLIt160n9$12,707.2W $0.,SaAoo,aOo - June 19 - 2nd Reading of the Budget/CIP • July 1 - New 2018-19 Fiscal Year Starts Mayor Pulido opened the Hearing. The following spoke on the matter. CITY COUNCIL MINUTES 21 JUNE 5, 2018 1 OA-21 • Madalid de Paz, addressed City Council to request additional resources and expressed support for item. • Ruben Barreto, opined budget should reflect the needs of the city; seventy percent of the general fund goes to public safety while only thirty percent is used by City departments to share for community programs. • Roberto Herrera, urged City Council to reinvest in universal representation, attacks on immigrants are far reaching, and opined need to create a system of support for families. • Tania Sawczuk, opined City of Santa Ana became a leader when it instituted the legal defense fund and no one should face exile simply because they cannot afford an attorney; urged City Council to continue funding the legal defense fund. • Cynthia Felix, addressed City Council to request continued funding; helping families navigate the immigration system is what the program is about. • Jennifer Koh, noted that City is seen as a leader and visionary, need is greater now than ever before, and requested continued support. • Leone[ Velazquez, expressed the need for more resources for the community and expressed support for item. • Joese Hernandez, urged City Council to vote for a fair budget that prioritizes community needs, to be proactive in addressing the needs of the community, and expressed support for universal legal representation. • Citlali Ruiz, requested City Council to listen to the public they represent and to act on the needs of Santa Ana. • Angelica Quintana, opined current lack of youth investments; request funds be redirect for youth development. The Hearing Closed. Council discussion ensued. City Manager Godinez, opined top priority as new City Manager was to determine the fiscal position of the City; goal to make proposed and future budgets transparent. Highlighted new revenue generation sources; previous direction to allocate one third of cannabis revenue for youth services, current proposed budget does not allocate any cannabis revenue towards youth services, and need to pass budget by July 31. Mayor Pro Tern Martinez, noted inconsistencies with various previous City Managers; expressed opposition to proposed budget and use of one time funds to balance the budget; need to pursue a forensic audit, to modernize government, to understand City financial position before giving any raises, and proposed penny tax to be placed on the ballot. CITY COUNCIL MINUTES 22 JUNE 5, 2018 1 OA-22 Councilmember Tinajero, opined not everyone is confused about the budget, -budget changed because scenario changed, and need to continue funding community legal representation; former City Manager slowed downed hiring process from various departments, previous financial audit and subsequent double "A" rating. Councilmember Sarmiento, echoed statements made by Councilmember Tinajero; challenges in passing budget; asked if item requires five votes and if item can be continued and still meet budget deadline. Councilmember Benavides, asked staff to clarify cannabis revenue and revenue amount used in proposed budget; direction to allocate adult use retail and commercial revenue in thirds to general fund, enforcement, and youth services with the goal to enhance city services; proposed budget does not allocate cannabis revenue as directed by City Council. Councilmember Solorio, opined all municipalities face projected deficits; expressed concern that formal action by City Council is not being carried out by staff and need to consider penny tax; police staff is operating-at.half the a rate_ needed. Councilmember Villegas, noted public safety is a priority and City operating at half of the officer ratio; highlighted difficulty in hiring qualified individuals. MOTION. Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Benavides, Pulido, Sarmiento, Solorio Tinajero, Villegas (6) None (0) None (0) Martinez (1) AGENDA ITEM CONSIDERED OUT OF ORDER 85C. TO ALLOW GODINEZ HIGH SCHOOL TO ENHANCE ITS SECURITY CONTROLS ON IT'S MAIN CAMPUS, AND TO REDUCE THE CITY OF SANTA ANA'S SCHEDULING AND MAINTENANCE OBLIGATIONS RELATED TO THE JOINT USE AGREEMENT IN PLACE AT GODINEZ HIGH SCHOOL, DIRECT CITY STAFF TO WORK WITH SANTA ANA UNIFIED SCHOOL DISTRICT TO AMEND THE AGREEMENT TO EXCLUDE THE PHYSICAL CITY COUNCIL MINUTES 23 JUNE 5, 2018 1 OA-23 BUILDINGS AND PARKING STRUCTURE FROM -THE SCOPE OF THE AGREEMENT (Councilmembers Solorio and Tinajero) The following spoke on the matter: • Joyce Feuerborn, Godinez High School teacher, opined joint use agreement is not working well, and Godinez has first rate academics but second rate athletic facilities; expressed concern school is being charged by City to use its own facilities. Council discussion ensued. Councilmember Villegas, provided City Council with report on how joint use works with Godinez High School. Noted several facilities are open to free use by the high school. Councilmember Tinajero, asked Staff to clarify if the City of Santa Ana is charging Godinez High School to use their facilities; commented on difficulty of a principal in a school that does not have control of their infrastructure; buildings are owned by the school district, past pressure to include buildings in joint use agreement at the time it was created, and City's request for a land swap for the water tower; opportunity to have school program their own facility use that does not exclude anyone. Director Mouet, noted City does not charge the high school to use joint use facilities, but does charge a miscellaneous fee for field five, six, and part of the soccer complex that is part of the park. Informed City Council the school district charges its own school to use the facilities and how the fees are administered and ultimately transmitted to the school district. Mr. Church, thanked City Council for considering allowing Godinez High School to enhance the security control of the main campus. Requested City Council to amend the joint use agreement, to prioritize use to the high school, and address maintenance costs. Councilmember Solodo, expressed support for all educational institutions; asked if City earns any revenue towards the general funds from joint use reservation services and if there are any community complaints; joint use agreement is over ten years old and needs to be fine-tuned, importance of giving school more control over who comes on campus, and benefit to have school staff more involved. Councilmember Benavides, noted joint use agreement allowed school to build some amenities on the park side with the understanding that it would be open for public use, and priority would be given to the high school; expressed concern that joint use portion of the agreement should be eliminated, possible deed restriction violation if this occurred, and school district water tower land negotiations. CITY COUNCIL MINUTES 24 JUNE 5, 2018 1 OA-24 Councilmember Sarmiento, opined joint use agreements over time become stale, need to be fair, and opportunity to revisit item. 75A-2. PUBLIC HEARING — ADOPT THE FISCAL YEAR 2018-2019 MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN 4, 2A) — Finance and Management Services Legal Notice published in the Orange County Reporter on May 25, 2018 and June 1, 2018. MOTION: Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solodo, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75A-3. APPROVE PRE -PAYMENT FOR THE CITY'S ANNUAL UNFUNDED ACTUARIAL LIABILITY TO CALIFORNIA PUBLIC RETIREMENT SYSTEM — SAFETY PLAN FOR FISCAL YEAR 2018-19 {STRATEGIC PLAN NO. 4, 2D) — Finance and Management Services MOTION: Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Pulido, Solodo, Tinajero, Villegas (5) None (0) None (0) Martinez, Sarmiento (2) CITY COUNCIL MINUTES 25 JUNE 5, 2018 1 OA-25 75B. PUBLIC HEARING — UPDATING SOLAR STREAMLINING ORDINANCE FOR `SOLAR ENERGY SYSTEMS, ESTABLISH REVISED MAXIMUM FEES FOR SOLAR ENERGY SYSTEMS, AND ESTABLISH MAXIMUM PERMIT FEES FOR THERMAL ENERGY SYSTEMS, EXTENDING APPLICABILITY OF LIMITS ON SOLAR ENERGY SYSTEM FEES AND EXTENDING REPEAL DATE TO JANUARY 1, 2025 {STRATEGIC PLAN NO. 3, 3; 5, 2) — Planning and Building Agency Legal Notice published in the Orange County Reporter on May 25, 2018 and June 1, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing Closed. MOTION. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2950 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS MOTION: Solorio SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solodo, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75C. PUBLIC HEARING — APPEAL NO. 2018-02 OF CONDITIONAL USE PERMIT NO. 2018-01 TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE, CITRUS SPRINGS CHARTER SCHOOL — APPLICANT {STRATEGIC PLAN NO. 3, 2) — Planning and Building Agency Planning Commission motion to approve Conditional Use Permit (CUP) No. 2018-01 on March 12, 2018 failed by a vote of 2-4 (Bacerra, McLoughlin, Mendoza and Venno dissented, Alderete absent). Legal Notice published in the Orange County Reporter May 25, 2018 and notices mailed on said date. Continue consideration of matter to the June 19, 2018 City Council meeting, at the request of the applicant. CITY COUNCIL MINUTES 26 JUNE 5, 2018 1 OA-26 75D. PUBLIC HEARING — ABANDONMENT NO. 18-01: TO VACATE PORTION OF PUBLIC ALLEY AND BUSH STREET, THE HAMPTON INN HOTEL PROJECT (STRATEGIC PLAN NO. 3, 2) — Public Works Agency City Council adopted a resolution of the City's intent to vacate on May 1, 2018 by a vote of 6-0 (Tinajero absent). Legal Notice published in the Orange County Reporter on May 25, 2018 and June 1, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing Closed. MOTION. Adopt a resolution. RESOLUTION NO. 2018-036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET (ABANDONMENT NO. 18-01) MOTION: Villegas SECOND: Solorio VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75E. PUBLIC HEARING —ABANDONMENT NO. 18-02: TO VACATE PORTIONS OF BAKER, BERKELEY, AND OCCIDENTAL STREETS, MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 21 — Public Works Agency City Council adopted a resolution of the City's intent to vacate on May 1, 2018 by a vote of 6-0 (Tinajero absent). Legal Notice published in the Orange County Reporter on May 25, 2018 and June 1, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing Closed. MOTION: Adopt a resolution. RESOLUTION NO. 2018-037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF BAKER STREET, CITY COUNCIL MINUTES 27 JUNE 5, 2018 1 OA-27 BERKELEY STREET, AND OCCIDENTAL STREET (ABANDONMENT NO. 18- 02) MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Villegas Benavides, Pulido, Solorio, Tinajero, Villegas (5) None (0) None (0) Martinez, Sarmiento (2) 55A. GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; REQUESTING BOARD OF SUPERVISORS OF THE `-COUNTY OF -ORANGE -TO CONSOLIDATE CITY OF SANTA ANA GENERAL -MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND SUBMISSION OF A PROPOSED CHARTER AMENDMENT REGARDING BY WARD ELECTIONS FOR VOTER CONSIDERATION (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office The following spoke on the matter: • Madalid de Paz, opined the general election is unjust because it benefits the police union; expressed support for item, district wide elections, and a just redrawing of the map. • Leonel Velazquez, community organizer with OCCCO, opined Santa Ana voters need more representation, need to end abuse of authority, and expressed support for item. • Ruben Barreto, expressed support for item, equitable representation, and need for district based elections. • Theresa Le, addressed City Council to request district based election to be placed on November ballot; process is becoming oppressive, need to end further delays, and expressed support for item. • Joese Hernandez, expressed support for district ward elections. Council discussion ensued. Councilmember Benavides, expressed support for item and opined it is time to move forward and place item on the ballot; asked staff to clarify any urgency in moving item. CITY COUNCIL MINUTES 28 JUNE 5, 2018 1 OA-28 Councilmember Solorio, opined need to tie item to ward map consideration in order to address violation of California Voters Rights Act, special counsel review of item; proposed continuing the item. City Attorney Carvalho, noted City Council does not have to take action on item; legal deadline is in July. Councilmember Sarmiento, expressed support for district elections; noted upcoming settlement conference and possibility of undoing the work the court can do to help accelerate the change to a by district system. MOTION: Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) 55B. RESOLUTION REGARDING APPROVAL OF APPEAL NO. 2017-05 OF SITE PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260-UNIT MIXED -USE BUILDING "THE MADISON" AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT{STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency The following spoke on the matter: Thomas Cartney, opined City has opportunity to give a new face to Santa Ana and current redevelopment is appropriate for the area; concerned with 2525 Main Street development, impact on neighborhood, and opined development is not appropriate for the site. Councilmember Benavides, requested staff to provide update on negotiations between applicant and property owner; opined project would alleviate traffic in the area; supports item. MOTION. Adopt a resolution. RESOLUTION NO. 2018-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2017-05 AND CITY COUNCIL MINUTES 29 JUNE 5, 2018 1 OA-29 REVERSING THE PLANNING COMMISSION'S DENIAL OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05 FOR .A REDUCTION IN PARKING, AND VARIANCE 2017-06 FOR THE INCREASED SIDE YARD SETBACK, AS CONDITIONED, FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. RECEIVE AND FILE THE REAL PROPERTY DISPOSITION ADMINISTRATIVE POLICY {STRATEGIC PLAN NO. 3, 5A) - Community Development Agency Continued from the May 1, 2018 City Council meeting by a vote of 5-0 (Martinez and Pulido absent). The following spoke on the matter: • Karen Romero Estrada, addressed City Council to expressed support for land disposition policy that would serve both City and community interests, facilitate equitable development, and ensure community benefit. • Joese Hernandez, opined land is a valuable resource, land should be used to address needs, and need to prioritize community benefit; opposed to item. Councilmember Benavides, noted several community meetings held, proposed policy reflects different priorities, and expressed interest in meeting with community groups. MOTION. Continue consideration of matter for 30 days. MOTION: Benavides VOTE: AYES: SECOND: Tinajero Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) CITY COUNCIL MINUTES 30 JUNE 5, 2018 1 OA-30 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) REPORTS 65A. REVIEW AND APPROVE THE CITY COUNCIL RECOGNITION POLICY {STRATEGIC PLAN NO. 1-71 — City Manager's Office Councilmember Sarmiento, noted recommendation to set internal policy to be more efficient, allow one recognition per meeting, starting close session earlier or possibly recess at 6pm, and imposing a three -minute time limit on Councilmember comments. Councilmember Tinajero, directed Clerk to monitor Councilmember comment time and to inform chair once time has been exceeded. MOTION. Modify policy and bring back to City Council for consideration; and -direct Clerk -of the Council to monitor City Councilmembers time when speaking on agenda matters. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) 65B. CONSIDERATION OF OPTIONS TO FUND PUBLIC IMPROVEMENTS SUPPORTING THE MATER DEI HIGH SCHOOL PARKING STRUCTURE EXPANSION PROJECT {STRATEGIC PLAN NO. 3,2} — Public Works Agency Continued from the May 15, 2018 City Council meeting by a vote of 4-2 (Mayor Pro Tern Martinez and Councilmember Tinajero dissented and Councilmember Sarmiento absent). The following spoke on the matter: CITY COUNCIL MINUTES 31 JUNE 5, 2018 1 OA-31 • David De Leon, opined need to get to the substance of the issue, to no longer table items, and limit discussion time; concerned with allocation of funds; Mater Dei is supported by the Catholic church. • Joese Hernandez, expressed concern over public schools lack of funding, Mater Dei's request for funds that should go to underfunded public schools, and opined need to support public schools and not just private schools. • Margarita Gonzalez, expressed opposition to item, concern over lack of parking, and disrepair of streets. • Olga Olivares, urged City Council to vote no on the funding; public schools need support; funding private school hurts public schools. • Valerie Amezcua, representing the Santa Ana Unified School District, noted that District has a 93% graduation rate; considerable investments made in arts, drama, mental health, and expansion of programs; concerned that City Council support of a private entity and not public school. • Patrick Murphy, noted Mater Dei High School is not requesting any funds from the City of Santa Ana and clarified Mater Dei is asking City Council to direct staff to communicate with OCTA regarding excess revenue from Bristol Street widening project that can be used to improve city streets in the area; public safety improvements for the benefit of the residents and not the students of the students. Staff presented options to fund public improvements of Mater Dei High School Expansion Project: CITY COUNCIL MINUTES 32 JUNE 5, 2018 1 OA-32 TransferAny Savngs'fro rti Right'.of Way Phase of Bristol Street —Warner to St. Andrew 10- Right of=way phase nearly complete 8 All,programmed funds for,ROW phase have been expended, and there is currentlya shortfall Re-Scoping, Bristol-Warner.to St. Andrew - Projectlo Include Signal. > Reducing Segment or Eliminating Project elements Hof feasible > Projectschedulbd4obegin2019. u Any'potential conungency savings would not be ,available until2020., > Project s,currenftyunderfunded($5.1 Million), a CurrenfQ stestimateis$32.9Million aZurrentavailablefunds $278Million and property safes to fill Gas" Tax P.roceeds;fron Remnant Properties > Property Sales Pending Properfy':Disposttjon Policy Proceeds•to be used on Bristol Street :o Fill pioJecffunding gaps a UQlityundergroundirig However, City, could designale,$4-82;000 for traffic signal ng Anqual Revenue Estimatedl'obe,$5.8 million- subjedtto .repeal > Fisca[Year20.18-'2019t a Fundsare programmed and,list of projectshave been submitted to California Transporiajion Commission > FiscalYear2019-2020 and,2020`-2021; c Funds are planned for roadway.repair o. Delay of roadway rehab Would increase cost x CoundPcould•defer other projects andrecommend$732;000 for_: $482;000 Traffic -Signal ,$259,000 - St. Andrew Road ;Repair' Council discussion ensued. Mayor Pulido, motion to allow Mater Dei to meet with OCTA officials to identify non -city funds (excess Bristol improvement funds) to be made available (for proposed project); Mater Dei has committed to improve alley way and make curb -cuts that have in the past been City's obligation. Noted that any unused money from Bristol Street project will be returned to OCTA, need to maximize the utilization of project money so that it stays in the City, and potential benefits to the community. Directed staff to not use any city funds and to only use excess funds from Bristol Street improvements. Councilmember Tinajero, expressed concern money from Bristol Street project is not going towards repairing streets, residents near Mater Dei are not demanding street repairs, and concern over providing money to a private institution at a time when City has a budget crisis; Council has supported Mater Dei and project should have budgeted for repairs and not request funds from City; opposed to item. Councilmember Benavides, highlighted school district public improvements and Mater Dei accomplishments; expressed support of item and concern over disparaging comments; street improvements being considered are imposed by the City, Mater Dei has made significant investments in the City, public -private partnerships benefit the City, and Mater Del's request is reasonable. CITY COUNCIL MINUTES 34 JUNE 5, 2018 1 OA-34 Councilmember Villegas, expressed support for all schools and concern over current parking issues in the community; commended Mater Del for starting parking structure project. Noted inability to support project if City could not afford it. Councilmember Sarmiento, opined City should not assist private school, will only consider supporting item if excess Bristol Street project funds available could not be used for other City needs and is cost neutral to the City. City Manager Godinez, provided City Council with memo from OCTA listing potential options, status of program funding, and alternative funding options. Councilmember Solorio, reflected on inability to differentiate children based on where they attend school; approximately 450 Mater Del students are Santa Ana residents, significant amount of students attend other schools, and need to continued partnering with this and other schools. MOTION: Authorize staff to work with Mater Dei High School and Orange -County-Transportation Authority (OCTA) in identifying and use of OCTA surplus funds, if any, for the campus parking structure expansion. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Benavides, Pulido, Solorio, Villegas (4) Sarmiento, Tinajero (2) None (0) Martinez (1) AGENDA ITEM CONSIDERED OUT OF ORDER 85B. DIRECT STAFF TO SUBMIT A LETTER OF SUPPORT FOR THE UPCOMING STATE SENATE HEARING ON CALIFORNIA BILL 2943, THE PROPOSED LAW WOULD CONSIDER THE SALE, OR SELLING OF SERVICES CONSTITUTING SEXUAL ORIENTATION CHANGE EFFORTS AS AN UNLAWFUL BUSINESS PRACTICE (Councilmembers Sarmiento and Tinajero) Councilmember Villegas, opined need to respect people's beliefs and expressed concern how individuals can be told not to seek a counselor. Councilmember Sarmiento, noted conversion therapy services are targeting parents and children and therapy attempts to change an individual's sexual orientation. Expressed concern these services are preying on families. CITY COUNCIL MINUTES 35 JUNE 5, 2018 1 OA-35 Councilmember Tinajero, expressed concern of conversion therapy and need to protect young individuals. MOTION: Direct staff to draft letter of support. MOTION: Tinajero SECOND. Sarmiento VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero (5) NOES: None (0) ABSTAIN: Villegas (1) ABSENT: Martinez (1) *Councilmember Tinajero left the meeting at 11 p.m. and did not return. 65C. APPROVE SUBMISSION TO THE VOTERS AT THE NOVEMBER 6, 2018 MUNICIPAL ELECTION: A SALES TAX MEASURE FOR MUNICIPAL SERVICES {STRATEGIC PLAN NO. 4, 3} — City Managers Office MOTION. Continue consideration of matter to the June 19, 2018 City Council Meeting. MOTION: Pulido SECOND: Sarmiento VOTE: AYES: _ Benavides, Pulido, Sarmiento, Solorio, Villegas (5) . NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 65D. SELECT AND APPOINT REPRESENTATIVE TO THE TRANSPORTATION CORRIDOR AGENCY {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Confirm appointment of Mayor Pro Tern Martinez to serve on the Transportation Corridor Agency. MOTION: Benavides SECOND: Sarmiento CITY COUNCIL MINUTES 36 JUNE 5, 2018 1 OA-36 VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 65E. COUNCIL COMMITTEE APPOINTMENTS - PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT; AND TO THE ECONOMIC DEVELOPMENT, INFRASTRUCTURE AND TECHNOLOGY COMMITTEES {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Confirm appointment of Councilmember Benavides to serve on the Economic Development, Infrastructure and Technology Committee. MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Benavides, Pulido, Sarmiento, Soloro, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 65F. DIRECT STAFF TO INITIATE THE PROCESS TO ANNEX THE 17TH STREET AND, TUSTIN AVE. COUNTY OF ORANGE UNINCORPORATED ISLAND {STRATEGIC PLAN NO. 3, 5A} — City Manager's Office MOTION: Direct staff to initiate the process to annex the 17th Street and Tustin Ave. County of Orange unincorporated island, and continue discussions with the County and Orange County Local Agency Formation Commission regarding annexation. MOTION: Sarmiento SECOND: Soloro VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) CITY COUNCIL MINUTES 37 JUNE 5, 2018 1OA-37 65G. GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3,2A} — Planning and Building Agency Councilmember Benavides, asked staff to clarify anticipation of General Plan update completion. MOTION: Receive and file. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Benavides, Pulido,' Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) 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. DISCUSS AND DIRECT STAFF TO PREPARE AN EMERGENCY ORDINANCE ON PERMANENT SUPPORTIVE HOUSING AND IDENTIFY ` POTENTIAL SITES; AND AN EMERGENCY ORDINANCE AND IDENTIFY KEY SITES FOR MOTEL CONVERSION (Mayor Pro Tern Martinez) MOTION: Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) CITY COUNCIL MINUTES 38 JUNE 5, 2018 1 OA-38 WORK STUDY SESSION WS. DRAFT ORDINANCE - WORKER COOPERATIVE (SMALL BUSINESS ORDINANCE) MOTION. Continue consideration of matter to the June 19, 2018 City Council meeting. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) RECESSED CITY COUNCIL MEETING AT 11:06 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:07 P.M. COMMENTS PUBLIC COMMENTS • Jesus - Hernandez, = addressed City Council to present list of deteriorating sports fields, injuries caused by the lack of maintenance, and requested maintenance be performed. • Leticia Hernandez, President of Memorial Park Little League, echoed statements made by Jesus Hernandez. • Dale Helvig, expressed opposition to 2525 Main Street development project. • Patty Maize, opined 2525 Main Street development is the wrong project for that land, traffic congestion is a problem, and requested City Council to not support item. • Ted Moreno, Vice President for PTSO at Godinez High School, opined joint agreement use does not allow ability to have pool, football field, soccer field, or tennis court. Requested City Council to support amendment of joint use agreement. 90A. CITY MANAGER'S COMMENTS City Manager Godinez, informed City Council of upcoming Grand Opening at the Depot at Santiago on June 14, Roosevelt Walker ribbon cutting ceremony on June 25, 2018, and provided update on water rate passage. CITY COUNCIL MINUTES 39 JUNE 5, 2018 1 OA-39 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Provided update on Board of Supervisors meeting, Chairman Do's hostility towards City staff, and ongoing concerns of outpatient homeless facility. Councilmember Solorio: Informed all of City staff success in securing $5 million for water meter project and sewer project; Possibility of pursuing a public nuisance charge against the outpatient homeless facility that Councilmember Sarmiento attempted to address at the Board of Supervisors meeting. Councilmember Villegas: • Thanked Police Chief Valentin and all officers who attended the Orange County Peace Officer Memorial event. Councilmember Benavides • Commented on many positive events located within the City and encouraged the community to take advantage of what the City has to offer. Mayor Pulido: • Adjourned in memory of Allen E. Doby and Luis Verduzco. NOTE: -Pursuant to AB1234 requirement reported that Mayor Pro Tern Martinez ._- attended the RECON Annual Conference in Las Vegas, NV on May 20-22, 2018 — ADJOURNMENT 11:33 P:M. - The next meeting of the City Council will be held on Tuesday, _ June 19, 2018 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. In Memory of Allen E. Doby, former Executive Director of Parks, Recreation and Community Services Agency; and Luis Verduzco, Water Services Equipment Operator, Public Works Agency -Water Resources Division Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Policy on Use of General Reserve and Enterprise Funds • Amendment to Metro East Mixed -Use Overlay District • Jail Reuse Study CITY COUNCIL MINUTES 40 JUNE 5, 2018 1 OA-40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: ORDINANCE SECOND READING: UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS, ESTABLISH REVISED MAXIMUM FEES AND FOR THERMAL ENERGY SYSTEMS, EXTENDING APPLICABILITY OF LIMITS AND EXTENDING REPEAL DATE TO JANUARY 1, 2025 {STRATEGIC PLAN NO. 5,1} e\ /n..s 'n l CITE' MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on Vd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On June 5, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Martinez and Sarmiento absent): ORDINANCE NO. NS-2960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS In 2012, Assembly Bill 1801 amended the California Government Code (Section 65850.5) to promote the installation and use of solar energy by removing obstacles to, and minimizing costs of solar permitting. This Code Section was further amended in 2014 by Assembly Bill 2188 (AB2188), also known as the solar streamlining act, which required that every city must adopt an ordinance that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. Further amending the law, effective January 1, 2018, the State Assembly enacted Assembly Bill 1414 (AB1414), revising definitions and establishing maximum permit fees applicable to solar energy systems within the existing law. The changes brought about by AB1414, the proposed ordinance amendment will append to Chapter 8 of the Santa Ana Municipal Code to include: revising the definition of "solar energy system" to specify that a design feature additionally includes any photovoltaic device that is integrated into a building, expanding to building components including, but not limited to, windows, siding, and roofing shingles or tiles, establishing revised maximum permit fees for solar 11 A-1 Second Reading Ordinance: Solar Streamlining June 19, 2018 Page 2 energy systems, establishing maximum permit fees for thermal energy systems, extending the applicability of the limits on solar energy system fees and extending the repeal date to January 1, 2025. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City' FISCAL IMPACT s There is no fiscal impact associated with this action. r � I A"a 0' 1'4� Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS-2950 11 A-2 LS 6.19.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. B. The City Council of the City of Santa Ana finds that it is in the interest of the health, welfare and safety of the public to provide an expedited permitting process to encourage the effective development of solar technology. C. In September of 2015, the City adopted an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5 that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. D. Effective January 2018, Assembly Bill 1414 expanded the definition of "solar energy system" and extended the applicability of Section 65850.5 of the California Government Code to create an expedited, streamlined permitting process for all solar energy systems through January 1, 2025. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. ARTICLE XII of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2511 - Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 11 A-3 1. Electronic Submittal - shall mean the utilization of one or more of the following: e-mail, internet or facsimile. 2. Solar easement - shall mean the right of receiving sunlight across real property of another for any solar energy system. Any instrument creating a solar easement shall include, at a minimum, all of the following: (1)A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions; (2) The restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the passage of sunlight through the easement; and, (3) The terms or conditions, if any, under which the easement may be revised or terminated. 3. Solar energy system —shall mean either of the following: (1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or for water heating. (2) A structural design feature of a building, including either of the following: (A)Any design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (B)Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles. (b) Applicability. This chapter applies to the permitting of all solar energy systems. Solar energy systems legally established or permitted prior to the effective date of this chapter 2 11 A-4 (c) are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a solar energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. Eligibility. 1. The Building Department shall adopt a standard plan and checklist of all requirements which solar energy systems shall comply with to be eligible for expedited review. 2. The solar energy system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 3. Prior to submitting an application, the applicant shall: Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation. ii. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. (d) Review / Issuance Process. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 2. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits. 3. City building permit approval does not authorize an applicant to connect the solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from 11 A-5 the local utility provider. 4. If the property is located within a historical district, is listed on any historic register or has entered into a Mills Act Agreement, the applicant shall schedule a consultation with the Planning Manager or his/her designee pertaining to the proposed work. (e) Inspections. 1. For a solar energy system eligible for expedited review, only one inspection shall be required. If a solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection. Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia CarvaIho, City Attorney By: &�, /ybiL.�L Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2018. Miguel A. Pulido Mayor 0 11 A-6 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 , 2018, 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-7 11 A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR MAY 2018 (STRATEGIC PLAN NO. 5, 1) CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for May 2018. DISCUSSION The May 2018 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.org/strategic-PIann ing/. STRATEGIC PLAN ALIGNMENT 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: JUNE 19, 2018 TITLE: AUTHORIZE ISSUANCE OF FISCAL YEAR 2018 — 2019 REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (STRATEGIC PLAN NO. 5, 3) 4 CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I_1»Ci0]kV/=I1r ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Community Development Agency to release a Fiscal Year 2018 — 2019 Request for Proposals seeking proposals to develop affordable rental and ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships Program, Community Development Block Grant Program, Project Based Voucher Program, and Housing Successor Agency Fund. DISCUSSION Under Section III of the Affordable Housing Funds Policies and Procedures adopted by City Council on March 20, 2018, the Housing Division, upon City Council approval, will issue a Request for Proposals (RFP), for available funds. The RFP will be open (an "Open RFP Process") and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal. The RFP will be open four (4) times on a quarterly basis for one year to submit a proposal scheduled throughout the year. As such, staff is requesting authorization to release the Fiscal Year 2018 — 2019 Request for Proposals for affordable housing to be developed in Santa Ana (Exhibit 1). The available funds for this.RFP is equal to the total amount of HOME Investment Partnerships Program funds, Community Development Block Grant Program funds, Project -Based Voucher Program vouchers, Low and Moderate Income Housing Asset funds (Housing Successor Agency funds), Neighborhood Stabilization Program funds (NSP), and/or any other funds received by the City of Santa Ana for affordable housing purposes as published on a quarterly basis as an exhibit in the Housing Division Quarterly Report. Inclusionary Housing Fund in -lieu fee pending payments and any other funds that have not yet been received by the City shall not be considered as available funds. 19D-1 Request for Proposals for Affordable Housing Development June 19, 2018 Page 2 Available program funds may be used for development loans for the following eligible purposes: (1) The purchase of existing multi -family or other buildings for rent or sale to low- and very low-income households and for the development of congregate housing for rent to low - and very low-income persons with special needs (e.g. homeless individuals and families, elderly, persons with a disability). Except for congregate housing, existing buildings shall consist of four or more units, unless the Executive Director finds that a substantial public benefit will be provided by a project consisting of less than 4 units. (2) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as Low -Income Housing Tax Credits, the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and/or other available State and Federal programs. (3) The development of limited -equity housing cooperatives through either conversion or new construction. (4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to: a. site acquisition and preparation; b. rehabilitation of dwelling units, common areas and related structures; c. new construction; d. carrying charges and financing fees; e. architectural, legal, and organizational fees; f. temporary or permanent tenant relocation costs; and g. developer fees consistent with the policies described in Section IV below. The available funds for this RFP will be as follows: • Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund): o $901,317 • HOME Investment Partnerships Program (HOME): o $2,470,651 ■ $384,573 of the total funds above must be expended by August 31, 2018 • Community Development Block Grant Program (CDBG): o $1,534,129 • Project -Based Voucher Program (PBV): o 100 Housing and Urban Development (HUD) Veterans Affairs Supportive Housing Vouchers • Neighborhood Stabilization Program (NSP): o $1,239,599 19 D-2 Request for Proposals for Affordable Housing Development June 19, 2018 Page 3 Land Assets Owned by the Housing Authority Staff is requesting approval to issue this RFP for the development of land currently held by the Housing Authority within the City of Santa Ana. The proposed development of the properties would be solely for the development of affordable housing. The land assets will be awarded under a 99-year ground -lease option such that the land will remain with the City as a long-term public benefit. The land assets owned by the Housing Authority and available for development under this RFP is as follows: (1) 302 E. Twenty -Second Street (2) 801, 809 & 809 % E. Santa Ana Blvd (3) 826 N Lacy / 830 N. Lacy Street (4) 1126 & 1146 E. Washington Ave. Full descriptions of the properties are listed in the attached RFP. The Housing Authority currently owns the land assets, and intends to retain ownership of the site and enter into a long-term ground lease for 99 years with one or more selected developers. The Housing Authority owned parcel(s) will be conveyed through a ground lease, in an as -is condition. As it will be stipulated in the ground lease, the value of the land and the site preparation costs will be provided to the project as a land subsidy in the form of a promissory note. The RFP is scheduled for release on July 1, 2018 with proposals due halfway through each FY quarter on August 15, 2018, November 15, 2018, February 15, 2019 and May 15, 2019. The RFP will be announced through notices to the following parties: • Interested Developers and Nonprofit Organizations on the Housing Division's RFP Process Database o Developers and Nonprofit Organizations interested in being added to the RFP Process Database can do so by contacting the City's Housing Division • Other affordable housing membership association resources (e.g. Southern California Association of Nonprofit Housing, Kennedy Commission, 2-1-1 OC, etc.) • Public Notice in the local newspaper • Published on www.Planetbids.com Reservation of Inclusionary Housina Funds In light of local and regional efforts to address homelessness, staff believe that it is prudent to retain $3,141,974 of our Inclusionary Housing Fund balance from the RFP. If unallocated, the hold may be removed at a later date while the RFP is open. If additional funds are received beyond the $3,141,974, staff will make those funds available in the RFP that is open. 19 D-3 Request for Proposals for Affordable Housing Development June 19, 2018 Page 4 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. C=�— N&�— Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Draft Request for Proposals 19 D-4 REQUEST FOR PROPOSALS RFP # 18-056 AFFORDABLE HOUSING DEVELOPMENT CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Judson Brown Housing Division Manager Tel: (714) 667-2241 ibrown(&santa-ana.org KEY RFP DATES Issue Date: Monday, July 2, 2018 Quarterly Proposal Due Dates: Wednesday, August, 15, 2018 at S:OOPM Thursday, November 15, 2018 at 5:OOPM Friday, February 15, 2019 at 5:OOPM Wednesday, May 15, 2019 at 5:OOPM City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 1 19D-5 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms (Developers/Proposers) for the development of affordable housing projects in the City of Santa Ana. Responses to this Request for Proposals (RFP) will be accepted and evaluated on an on -going basis during Fiscal Year (FY) 2018 — 2019 with four quarterly deadlines. Available affordable housing funds and land assets being made Proposals shall not exceed the total Available Funds as published on a quarterly basis in the Housing Division Quarterly Report. The RFP Process will be open ("Open RFP Process") and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal in response to the RFP announcement. The RFP Process will be open for at least one fiscal year with four (4) quarterly deadlines to submit a proposal scheduled throughout the year. After each deadline for the Open RFP Process, staff shall review the Proposals to determine that the minimum Program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form a Review Panel. The Review Panel for the RFP Process will consist of at least one employee from the City of Santa Ana Public Works Agency, Planning and Building Agency, and Community Development Agency, and one outside agency or government entity. Using the scoring and selection criteria provided in the RFP, the Review Panel shall determine whether the proposal is recommended for a pre -loan commitment, with or without conditions. Including the scoring and selection criteria, the Review Panel shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward with the proposal review process. If the Review Panel determines, in its discretion, that the proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City of Santa Ana and paid for by the proposer. The real estate advisor shall confirm the underwriting for the project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the proposal will not be recommended for approval (i.e. the proposal does not meet the minimum threshold score of 75 points), the proposer will be notified in writing of the decision and the results will be published in the Housing Division Quarterly Report. It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the quarterly proposal due date and time. Any questions regarding the Request for Proposals shall be made in writing via e-mail to Judson Brown, Housing Division Manager, at ibrown(a)santa-ana.org. MAILED, DELIVERED BY HAND, OR COURIERED PROPOSALS WILL BE ACCEPTED AS FOLLOWS: City of Santa Ana Judson Brown, Housing Division Manager Community Development Agency 20 Civic Center Plaza, Sixth Floor Santa Ana, CA 92701 PLEASE DO NOT E-MAIL RFP RESPONSES. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 2 19 D-6 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PAGE I. INTRODUCTION 4 II. SCOPE OF WORK 6 III. GENERAL INFORMATION 7 IV. COORDINATION 8 V. DEVELOPER RESPONSIBILITIES 8 VI. CITY BUSINESS LICENSE 8 VII. RULES FOR PROPOSALS 8 Vlll. PRE -PROPOSAL MEETING 8 IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 8 X. ADDENDA 9 XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 9 XII. MINIMUM QUALIFICATIONS 9 XIII. SUBMITTAL REQUIREMENTS 9 XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION 11 XV. PUBLIC RECORDS 13 XVI. FILING A PROTEST 13 EXHIBIT A SCOPE OF WORK 14 Attachment 1 Early Outreach Community Meeting 29 Attachment 2 City of Santa Ana Rehabilitation Standards 30 EXHIBIT B ALIGNMENT WITH THE CITY'S HOUSING ELEMENT AND STRATEGIC PLAN 38 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 40 EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT: PROPOSER'S STATEMENT 41 EXHIBIT E PROPOSAL CONTRACT AND AGREEMENT: CERTIFICATION OF NONDISCRIMINATION 42 EXHIBIT F PROPOSAL CONTRACT AND AGREEMENT: NON -COLLUSION AFFIDAVIT 44 EXHIBIT G PROPOSAL CONTRACT AND AGREEMENT: COMMITMENT TO ENTER INTO MOU 45 EXHIBIT H MAPS OF LAND ASSETS OWNED BY THE HOUSING AUTHORITY 46 City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 3 19 D-7 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing this Request for Proposals (RFP) for the developmentof affordable housing in the City. Proposed developments may be for acquisition and/or rehabilitation,of,eligible properties for rental or transitional housing; acquisition and conversion of non-residential,property to multifamily rental housing units; and/or new construction of housing units for rental housing:' Available affordable housing funds and land information. New funds from in -lieu fee payments received under the City's Housing Opportunity Ordinance; the implementation and disbursement of`local funds under the Building Homes and Jobs Act; additional Housing Successor Age ncyfiunds; project-based'vouchers or other local, state, or federal funds may become available during •Fiscal'Year 2018 — 201 b.while this RFP is open. Proposals shall not exceed the total Available Funds as published -on a quarterly basis in the Housing Division Quarterly Report. ` + Available Funds for this RFP: ' The available funds for this RFP may include the total amount of Inclusionary Housing Funds, HOME Investment Partnerships. Program, ;Community Development Block Grant Program, Project -Based Voucher Program, Low and Moderate Income Housing Asset Funds (Housing SuccessorAgency Funds), Neighborhood Stabilization Program Funds (NSP), and/or any other funds received by the City of Santa Ana for housing -purposes as.published on a quarterly basis in the Housing Division Quarterly Report. Inclusionary Housing -Fund in -lieu fee pending, payments and any other funds that have not yet been received by the City shall not be considered as available funds. Available program funds maybe used for development loans for the following eligible purposes: (1) The purchase of existing multi -family or other buildings for rent or sale to low- and very low- income households and for the development of congregate housing for rent to low- and very low-income persons with special needs (e.g. homeless individuals and families, elderly, persons with a disability).' Except for congregate housing, existing buildings shall consist of four or more units, unless the Housing Division Manager finds that a substantial public benefit will be provided by a project consisting of less than 4 units. (2) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as Low -Income Housing Tax Credits, the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and/or other available State and Federal programs. (3) The development of limited -equity housing cooperatives through either conversion or new construction. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 4 19 D-8 (4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to: a. site acquisition and preparation; b. rehabilitation of dwelling units, common areas and related structures; c. new construction; d. carrying charges and financing fees; e. architectural, legal, and organizational fees; f. temporary or permanent tenant relocation costs; and g. developer fees consistent with the policies described in Section IV below. Please refer to the Affordable Housing Funds Policies and Procedures adopted by City Council on March 20, 2018 for more information. As of the date of issuance, the Available Funds for this,RFP will be as follows, subject to change: • Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund): o $901,317 • HOME Investment Partnerships Program (HOME): o $2,470,651 1,' • $384,573 of the total funds.above must be expended by August 31, 2018 • Community Development Block Grant Program (CUBG): o $1,534,129 • Project -Based Voucher Program (PBV): o 100 Housing and Urban Development (HUD) Veterans Affairs Supportive Housing Vouchers • Neighborhood Stabilization Program (NSP): o $1,239,599.00 ` Land Assets Owned by the Housing Authority: The Housing -Authority of the City of -Santa Ana acting as the Housing Successor Agency (Authority) is also issuing this RFP for the devel o'pmefit4 land currently held by the Authority within the City of Santa Ana. The proposed development of the properties would be solely for the development of affordable housirig. The land assets will be awarded under a 99-year ground -lease option. The Land Assets owned by'the Housing.Authority and available for development under this RFP is as follows: . (1) 302 E. Twenty -Second Street a. APN¢,,003-122-25 b. Lot Siie: 27;817sf c. Current Zoning: R1 d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway widening project. The site was vacant and undeveloped at the time it was acquired. (2) 801, 809 & 809 % E. Santa Ana Blvd a. APN: 398-303-04 / 398-303-05 / 398-303-06 / 398-303-07 b. Lot Size: 15,OOOsf c. Current Zoning: SD84 City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 5 19 D-9 d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside (801, 807, 809 & 809 %). Includes 807 E. Santa Ana Blvd. e. Previous Use: i. 801 —Demolished single family dwelling in 2011. ii. 807 — Acquired through a foreclosure action. Demolished single family dwelling and detached garage in 2000. iii. 809 & 809 1/2 — Acquisition through Fannie Mae in 1998. Demolished two single-family dwellings in 1999. (3) 826 N Lacy / 830 N. Lacy Street a. APN: 398-041-22 / 398-041-18 b. Lot Size: 8,843sf / 7,405sf c. Current Zoning: SD19 ' d. Parcel was purchased using Low and,Mode�ate Income Housing Asset Fund - 20% Set Aside (both parcels) (' /\ \, e. Previous Use: 830 was formerly,412-E. Vance Street. Demolished a six -unit apartment building and garagein 1995. e (4) 1126 & 1146 E. Washington Avet., / a. APN: 398-092-14 ` f� b. Lot Size: 62,347sf (1.43 Acres)\ , c. Current Zoning: SD=84` `. ` f NO d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside \ 11 V >" 1'I.`\. e. Previous Use: Purchased feom`Cal.Trans. \Remnant parcel from freeway widening project. -Cal -Trans demolished five buildings on the site in the early 1990s. The site was4acant and undeveloped when it was•acgdired by the City. The Housing Authority currently owns the land assets, and intends to retain ownership of the site and enter into a long-term ground lease for up to 99'years, as legally applicable, with the selected developer. Respondents should assume thafthe Housing Adthority owned parcel will be conveyed through a ground lease, in an as -is condition. As it will be'stipulated in the ground lease, the value of the land and the site prepay tion,costs will be' provided to the project as a'land subsidy in the form of a promissory note. Please see Exhibit H for maps•of each parcel. 11. SCOPE OF WORK The Scope of Work'will'include any and all work efforts related to the Affordable Housing Development per EXHIBIT A - SCOP.E'OFzWORK. Available funds can be used for a variety of housing types and preferences. Please see the table below for the allowable uses of funds for each source of funds: City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 6 19D-10 0 o� E m N 0 a> C C o N L m� eoi y c m 7 c•y 'U O c c = ;= m7 Ln c Source of Funds E 3 a« c z`= y o x :. CL Na) ca c aoi 5� X zU �4 100 o ac ¢ da c Q UK I 2 Housing Successor X X X X X X Agency Funds Inclusionary Housing X X X X X X X X Funds HOME Program Funds X X X' X X X X CDBG Program Funds X X X Project -Based X X X X X Vouchers Neighborhood X X", ' X X Stabilization Program , The Developer shall be an independent developer capable of"providing experienced, knowledgeable and professional staff. The Developer shall, be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff., The Developer shall provide adequate staffing levels at all times and adhere to,established schedules. The Developer shall be knowledgeable of and comply with federal, state and local laws, including -the Santa Ana Municipal Code, as it applies to their proposal. GENERAL INFORMATION A. Following the RFP Process and conditional on meeting other requirements and conditions, a pre -loan commitment letter may be drafted by the. Housing _Division, reviewed and approved by the Housing Division Manager, the -City. Attorney's Office, and the Executive Director of Community Development, before being recommended for approval by the City Council. The letter shall state the maximum amount of program funds and/or land asset reserved for the project and list all of the additional conditions, documents and'steps that must be taken by the Borrower prior to loan closing. B. When determined appropriate,'the City will provide information in its possession relevant to preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Developer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of any proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed or produced during response preparation to the RFP will become property of the City. All responses to the RFP shall become property of the City. City will make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace or approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa e 7 19-11 Subcontractors shall be the responsibility of the Developer and the City shall assume no liability for such subcontractors. IV. COORDINATION Coordination by the awarded Developer with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Redevelopment and Housing Commission meetings or City Council meetings. The City will decide the manner in which the coordination efforts'will be conducted. At the City's option, coordination efforts may be performed by the Developers direct contact, by the Developer acting through the City or by the City only. When coordination efforts; require agreements, such agreements shall be coordinated with the City. ' V. DEVELOPER RESPONSIBILITIES .' The selected Developer will assume responsibility for all aspects of the development, and for insuring that the project is developed and operated in accordance with applicable state and federal laws. The selected Developer will ensure that the project is developed and operated'in accordance with the City laws, regulations, and planning and development process. VI. CITY BUSINESS LICENSE The selected proposer shall -be required to obtain -a City of Santa Ana business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. ` VII. RULES FOR PROPOSALS The signer of the proposal •must declare. in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit F). , Vlll. PRE -PROPOSAL MEETING The City will not hawe a"pre-proposal meeting for this RFP. IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Work. Every request for such an interpretation must be made in writing via e-mail to Judson Brown, Housing Division Manager, at ibrown(a)-santa- ana.ora. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 8 19D-12 X. ADDENDA If clarification or interpretation of this RFP is considered necessary by the City, a written addendum shall be issued and the information will be posted on the City's website at www.santa-ana.org/bids-rrps. It is the responsibility of each proposer to periodically check the City's website to ensure that they have received and reviewed any and all addenda to this RFP. XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed and e-mailed proposals will not be accepted. XII. MINIMUM QUALIFICATIONS Proposers shall have a minimum of five (5) years recent experience in the development and operation of affordable housing projects similar to their proposed project. XIII. SUBMITTAL REQUIREMENTS Proposers shall submit seven complete hard copies of their posal, and,one additional electronic copy on a USB flash drive. r r` `' All seven copies of the proposal must include a signed cover letter. This cover letter must include a declaration that the only person, persons; company, or parties'interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fairand in good faith without collusion or fraud, and that the signer,has full authority to bind the proposer:, It must also include an email address and contact information for the signer:, ' All proposal submissions. shall be on 8-1/2" x•11" white paper. All project proposals must contain the following minimum submission requirements: 1) Statement of Qualifications'(SOQ). The SOQ must include the following components: a) Developer Team.. An organizational chait showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the developer is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as'a 501(c)3 tax exempt non-profit corporation, and is in good standing with both state and federal compliance. Developer needs to identify if any contractor(s) and/or subcontractor(s) are a subsidiary to any member of the development team. b) Developer Experience. A narrative describing recent affordable residential development and management experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed. i) Include project name and type (special needs, senior, large family, etc.), project address, developer team members, unit count and bedroom type, affordability requirements, and funding sources in your description. ii) Include a description of how neighborhood input was solicited and utilized in the development of these projects. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa e g 19�_13 c) Financial Capacity. Description of the developer's financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of the proposed project. i) Include a description of current relationships with major lending institutions. ii) Any developer that is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential. d) References. Include a list of at least three references from public agency partners and professional lenders/investors with full names, contact information, and,identification of the project(s) worked on. SOQs must be limited to a maximum of 25 pages, excluding'front and back covers, section dividers, and exhibits. f 2) Project Description. Detailed and concise narrative describing tFie,proposed project, including at a minimum and as appropriate the development concept foe the site or`a.description (with photographs) of the building to be acquired or developed, proposed building square footage; number of units and bedrooms per unit, total parking spaces, proposed ingress and egress, proposed affordability levels, any special needs groups or target population to be served, amenities to be provided to the tenants, and resident manager's unit. If there will not be a resident manager�for a rental,project, describein detail how the project will be managed. For all projects, the narrative must also,,address site control; current zoning and any required zoning changes, anticipated development costs, City`and'Authority funds,required, requested City and Authority loan terms, developer access to additionaf funds required for the project, and proof that the property is under contract. This narrative should be accompanied by a'site map showing the project(s location. The narrative must include a description of the various sources of financing that will be needed to complete the project as,,both a 4%;Low-Income Housing Tax Credit deal and as a 9% Low -Income Housing Tax Credit deal. The•narrative should provide a projected tie breaker score for 9% Low -Income Housing,Tax Credits with a -best •case,and'worst\case scenario based on the financing stack being pursued, with a relative comparison to the most recent tie breaker scores for the type of project being proposed in the last three 9%tax credit rounds. Clearly state if the project will be ready to apply for 9% Low -Income Housing Tax Credits during. FY 2018 — 2019. This should include evidence of progression towards planning entitlements and other requirements necessary for the tax credit application. Clearly state if the project will be competing with another project owned by the developer in Orange County for an upcoming 96/6.1_owdncome'Housing Tax Credit round, including a comparison of the projected tie breaker scores for boh,projects. w 3) Development Pro Forma. `Identify'the sources and uses of all funds necessary to complete the project, including the project's anticipated cash flows over a period of years equal to 15 years and 30 years. The pro forma should identify important underlying assumptions that govern the cash flows, including but not necessarily limited to, the amounts and frequency of loan repayments (all sources), annual rent increases, occupancy levels, operating costs as a percent of revenue, timing and amounts of replacement costs. The cost estimates in the Sources and Uses budget should assume the payment of Davis -Bacon prevailing wages and relocation benefits, if applicable. The pro forma must include a calculation of the return on investment to the developer. 4) Projected Rental Income. Include evidence that the rental income shown in the pro forma is reasonable and achievable. If proposing all rents to be at low-income, include a market study that supports that this is achievable. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 10 19D-14 5) Participation of Low -Income Residents and Businesses. Describe the steps to be taken to ensure maximum feasible participation of local low income residents and businesses in the development of the project. Describe how the project will be developed and operated so as to insure compliance with all relevant components of the Americans with Disabilities Act. 6) Proposed Development Schedule. Taking as a starting point City Council approval of the pre -loan commitment letter, provide a proposed development schedule that includes the following milestones at a minimum: site acquisition, additional required loan commitments and funding from all other funding sources, zoning change approvals (if necessary), preparation and approval of construction plans, start of construction, completion of construction, and lease -up. I> 7) Current Tenants. Provide a listing of all tenants currently residing,in'the units, if applicable. 8) Proposer shall complete and return the following Exhibits•attached herewith: a) Exhibit B — Alignment with the City's Housing Element and Strategic Plan b) Exhibit C — Additional Insured Endorsement for Commercial General Liability Policy (Not required until after Developer selection) c) Exhibit D — Proposer's Statement' d) Exhibit E — Certification of Nondiscrimihation e) Exhibit F — Non -Collusion Affidavit f) Exhibit G — Commitment to Enter,into Memorandum of Understanding with the Santa Ana Work Center • The proposal must be completely responsive, to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation, is made hereby that any,commitment will"be awarded pursuant to this RFP or otherwise. XIV. DEVELOPER SELECTION'- PROPOSAL AND EVALUATION After each quarterly deadline for the Open RFP Process, staff shall review any proposal(s) to determine if the minimum program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold *review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form, a Review Panel. The Review Panel for the RFP Process will consist of at least one (1) employee from the City's Public Works Agency, Planning and Building Agency, and Community Development Agency, and one (1) outside agency or government -entity. If an employee is not available in one City Agency, a second employee may be requested from one of the other two City Agencies so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided below, the Review Panel shall determine whether the proposal is recommended for a pre -loan commitment. Including the scoring and selection criteria, the Review Panel shall also review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward in the proposal review process. If the Review Panel determines, in its discretion, that the Proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa ell l 19�-15 layering review by a real estate advisor selected by the City and paid for by proposer. The real estate advisor shall confirm the underwriting for the Project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the Proposal will not be recommended for approval (i.e. the Proposal does not meet the minimum threshold score of 75 points), the Developer will be notified in writing of the decision and the result will be published in the Housing Division Quarterly Report. Each member of the Review Panel will evaluate and rank each proposal using the evaluation criteria listed below: COMPETITIVE SELECTION CRITERIA 1. LEVEL OF AFFORDABILITY AND TARGET POPULATION Max. 25 Points ELIGIBLE POINTS Project significantly increases affordable housing opportunities -for large families (three- and four -bedroom units) " , 10 Project provides a higher percentage of units for extremely low-income households with deeper affordability ♦ ' 10 Project increases affordable housing opportunities -for special needs populations including, but not limited to, homeless individuals and families, and persons with a disability 5 Sub -total 25 2. TIMELINESS TO BUILD NEW HOUSING (Max. 20`P6ints) Project has demonstrated site control 7 Project is zoned appropriately 5 Project does not have any other site -related issues 5 Project aligns with the City's Housing Element' Strategic Plah,,and/or 5-Year Consolidated Plan ' 3 Sub -total 20 3. PROPERTY MANAGEMENT EX_ PERIENCE AND SHILLS (Max. 15 Points) -. 1. Project is energy efficient and incorporates green -building techniques 6 Applicant's ability to manage affordable rental units to ensure ongoing compliance with affordability re uirements and long term financial solvency 3 Applicant's,past experience'in property. management 3 Applicant's capacity and ability io quickly lease completed units 3 Sub -total 15 4. DEVELOPER EXPERIENCE AND SHILLS (Max. 15 Points) Applicant's capacity and ability to obtain additional funding 4 Applicant's capacity and ability to obtain entitlements 4 Applicant's overall past and projected effectiveness to provide affordable housing 4 Applicant's past and projected effectiveness to manage the construction process and stay on schedule 3 Sub -total 15 5. LEVERAGING OF CITY FUNDS (Max. 5 Points Applicant's potential or capacity to obtain additional financing 5 Sub -total 5 City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 12 19D-16 6. ANTICIPATED CASH FLOWS (Max. 15 Points) Project's proposed development costs are reasonable and comparable 3 Project's proposed rents are realistic 3 Project's operating costs are realistic and reasonable 3 Project has sufficient operating and replacement reserves 3 Project is projecting a positive cash flow through affordability period 3 Sub -total 15 7. PROJECT LOCATION (Max. 5 Points) Project is located in an area currently underserved by affordable housing 5 /-\ Sub -total 5 TOTAL ELIGIBLE POINTS 100 The minimum score to be considered for a pre -loan commitmenfis 75 points out of 100 points total. XV. PUBLIC RECORDS Proposals will become public record after submission of the proposal. Interested offerors may submit a written request to receive the results of the evaluation. City will,make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. Submit your request to;;'City of Santa Ana Community Development' Agency, Attn: Judson Brown, Housing Division Manager, 20 Civic Center Plaza M-26,-Santa Ana, CA 92701. XVI. FILING A PROTEST In the event of a dispute of the- decision of the Review_ Panel,,proposetsmay file a "protest" with the City's Community Development Agency. In, order for a Proposer's protest'to be considered valid, the protest must: 1. Be filed in writing within'five'(5) business days of notification of rejection; 2. Clearly identify -the specific • irregularity or allegation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in,detail, the grounds of theprotest and the facts supporting the protest; and 5. Include all relevant, suppor4ing documentation witti the protest at time of filing. If the protest does not comply with each of'these requirements, it will be rejected as invalid. If the protest is valid, the City Manager, or his/her designee, shall review the basis of the protest and all relevant information. The City Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The decision from the City Manager, or his/her designee, is final and no further appeals will be considered. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 13 19�-17 EXHIBIT A— SCOPE OF WORK I. INTRODUCTION In order to meet the City's goals, the City is soliciting proposals for the development of affordable housing projects from developers who are experienced, very knowledgeable of affordable housing programs and its requirements, financially creative and capable of developing, managing and maintaining high quality housing. The selected developer must have a demonstrated history of,,working cooperatively with surrounding neighborhoods in all phases of project development. Both nonprofit,and for profit developers are eligible to apply, either individually or in partnership with other entities. Developers who can demonstrate the capability to make other funds a significant part of the financing mix for their propbse6project will score higher in the selection process than those who cannot. The funding and property data provided in this RFP, is not guaranteed, and. the availability of such funding or properties is subject to change at any time. The City,of Santa Ana makes no guarantee of the availability of the proposed funding and properties for any particular applicanfor project: -The submission of a proposal in response to this RFP does not commit the City to providing any funding or land asset to a proposed project. The City reserves the right to determine at its sole discretion how to lease available properties, if.at all. IL DEVELOPMENT PRIORITIES Both the Strategic Plan and the-City's Housing•'Element identify affordable rental housing suitable for larger households as a high priority for the City. In addition, the City. of Santa -Ana will be targeting extremely -low income households within the city, including homeless individuals,,veterans and/or large families. One of the rating criteria is the depth Hof affordability.`+,The City desires proposed projects to have dedicated units for extremely low-income families earning no more than 30% Area Median income (AMI). Project design and construction will be subject to and carried out in accordance with established City standards and procedures. In accordance with the City's Early Outreach policy. (Attachment 1), the selected developer may be required to solicit significant neighborhood input during the design process. r III. LOW AND MODERATE INCOME HOUSING ASSET FUND (HOUSING SUCCESSOR AGENCY FUND) The Housing Authority of the City of Santa Ana acts as the Housing Successor Agency for the former Redevelopment Agency.of the City of Santa Ana. The Housing Authority administers housing assets and associated responsibilities transferred,by the former Redevelopment Agency of the City of Santa Ana. Source of Funds Funding sources for this program are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e. loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. Sources are set aside for the purpose of increasing, improving and preserving the community's supply of low and moderate income housing as stipulated by California Health and Safety Code Section 34176. This fund includes land assets owned by the Housing Authority acting as the Housing Successor Agency that must be developed for affordable housing or sold at or above fair market value to increase the Low and Moderate Income Housing Asset Fund. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 14 19D-18 Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects All new construction projects shall be affordable to households whose income, as adjusted for household size, does not exceed 80% of area median income. Eligible acquisition and/or rehabilitation projects will: 1) have four or more apartments or be congregate housing 'or mobile home units, except where the Housing Division Manager finds that the project will provide a substantial public benefit; 2) be in need of rehabilitation as defined herein; - 3) be located in the City of Santa Ana; 4) be free from significant adverse environmental,conditions, except those that can be mitigated at a reasonable cost through rehabilitation; ands, 5) minimize tenant displacement. Eligible Uses and Activities ` Program funds can be used to make loans or grants to eligible borrowers who will provide affordable housing, principally for low- and moderate -income households_: - Eligible uses of deferred payment loan funds or grants include, but are not limited to, the following: 1) acquisition and/or rehabilitation of eligible properties for rental or transitional housing; 2) acquisition and conversion of non-residential property to multifamily rental housing units; and 3) new construction of housing units for rental or transitional housing. Affordability Requirements As required by State law, all projects shall be targeted to households earning 80% or less of the area median income, based on the Statb of California Housing and Community Development income and rent limits. State law also requires that at least thirty percent (30%) shall be expended for rental housing affordable to and occupied by "low-income' households does not exceed thirty percent (30%) of the area median income and no more than twenty percent (20%) affordable to and, occupied by households between 60% of the area median income and 80% of the area median income. Units are considered affordable when,the'rent, less a deduction for a utility allowance, for a "very low-income" household does not exceed thirty percent (30%) of 50% of the area median income; for a "low-income" household does not exceed thirty percent (30%) of 60% of the area median income. Very low-income households are households whose incomes do not exceed 50% of the area median income. Low-income households are households whose incomes do not exceed 80% of the area median income. The area median income as referenced above is the Orange County area median income figure, adjusted for household size, as published by the California Department of Housing and Community Development (HCD) from time to time. Security The loan or grant shall be secured by a Deed of Trust and Promissory Note which may be subordinated to deeds of trust securing other Federal, State, or City loans, or loans from conventional financing institutions used in conjunction with the Low and Moderate Income Housing Asset Fund loan on the same property. The City must City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 15 19-19 obtain written commitments to protect the City's investment in the event of a default. The City must review all requests for subordination, and may approve or deny at the City's sole discretion. The loan or grant shall be further secured by recorded Affordability Covenants and Restrictions, running with the land, to assure that Program funds are used to provide long-term affordable rental housing opportunities for low - and moderate -income households. The Borrower and the City shall execute and record Affordability Covenants and Restrictions regulating project rents, tenant selection procedures, use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use, including a prohibition on conversion of the project to condominium or stock cooperative ownership for the term of the recorded Affordability Covenants and Restrictions. The recorded Affordability Covenants and Restrictions shall provide for the longest feasible time. Notwithstanding the above, the Affordability Covenants and Restrictions would in no event, be shorter than any other term of a Regulatory Agreement or Covenant' -recorded concurrently with the City's Covenants and Restrictions. The Affordability Covenants and Restrictions shall be recorded with the Deed of Trust. In some circumstances, these Affordability Covenants and Restrictions may be subordinated by the City, pursuant to Section 33334.14 of California Health and'Safety Code, to, liens, encumbrances, or regulatory agreements of other federal or state agencies or lenders providing financing forthe project, subject to assurances by senior lenders that the City's lien rights will be protected. For more information, please see California Health and'Safety Code° and applicable, regulations set forth in Section 34176. IV. INCLUSIONARY HOUSING FUNDS Source of Funds \ , Funding for this program is provided. using revenues generated through in -lieu fees collected under the City of Santa Ana Housing Opportunity -Ordinance. Eligible Borrowers/Grantees', Eligible borrowers are -nonprofit Housing) Development Corporations (HDC's) duly organized to promote and undertake community development'activities oma not for profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for profit housing developers.or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the.above are also eligible to borrow Program funds. Eligible Projects Funds can be used to increase and improve the supply of housing affordable to moderate, low, very -low and extremely -low income households in the City. Eligible rehabilitation projects will: 1) be in need of rehabilitation'as defined herein; 2) be located in the City of Santa Ana; 3) be free from significant adverse environmental impacts, except those that can be mitigated through rehabilitation; and 4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the project. Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 16 19D-20 Eligible Uses and Activities Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low- income households, including, but not limited to, the following: • acquisition and rehabilitation of eligible rental properties; • acquisition and conversion of non-residential property to multifamily rental housing units; • new construction of rental housing units; and, • predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Division Manager. For more information, please see Santa Ana Municipal Code Section 41*1900. r V. HOME INVESTMENT PARTNERSHIPS PROGRAM Source of Funds Funding for this Program is provided through the U.S.,Department of Housing and Urban Development (HUD) HOME Program (including program income and residual. receipts), and therefohe is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time. Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a'not-for-profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing: Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects Projects eligible for HOME funding shall: 1) be rental projects located in the City of Santa Ana; 2) contribute to the achievement of,the City's Strategic Plan and fair housing goals; 3) involve 4 or more`apartments:which will be rented, to eligible lower income households at rents that do not exceed rents as defined'by 24 CFR 92.252, as amended from time to time. Projects serving persons with special needs, or'where the City Manager finds that the project will provide a substantial public benefit, may have,fewer than four units. Transitional or permanent supportive housing may be provided (but not temporary shelters). 4) have at least 20% of the HOME -assisted units rented to very low-income families (50% of median income) under the,, terms and conditions set forth in 24 CFR 92.252 (2)(b); 5) demonstrate financial feasibility -- including the ability to maintain rents for the subsidized units at affordable levels for.the periods specified in 24 CFR 92.252; 6) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself; 7) minimize tenant displacement; 8) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, and meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; 9) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project; and, 10) have at least 51 % of the project space be residential, if in a mixed use project. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 17 19-21 Eligible Uses and Activities HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR 92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified Community Housing Development Organizations (CHDO's). New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including: 1) site acquisition; 2) site preparation costs (grading, filling, etc.); 3) financing costs as described in 24 CFR 92.206; 4) architectural, engineering, and other related soft costs; 5) the cost of extending or upgrading utilities to the site to support the proposed project; 6) construction costs; 7) relocation costs; and, ` 8) affirmative marketing and audit costs related to HOME p?ogram requirements. Rehabilitation costs eligible for HOME funding include: 1) project acquisition with or without rehabilitation; 2) financing costs, as described in 24 CFR 92.206; 3) architectural, engineering, or other design costs;. �.• 4) utility upgrade or extension costs; ` 5) costs associated with demolition'(where necessary)'only if rehabilitation is commenced within 12 months of demolition; ` 6) construction costs; ` 7) project audit costs; and, 8) affirmative marketing costs. Ineligible Uses and Activities The following costs are not eligible for HOME funding:, 1) project reserve accounts for replacement or operating reserves, and operating subsidies; 2) payment.of-impact fees; 3) land banking;._ ' � II - 4) emergency repair or weatherization programs; 5) commercial properties; 6) temporary shelters; or 7) project -based rental assistance. Affordability Requirements HUD provides the followingmaxim um, HOME rent limits. The maximum HOME rents are the lesser of: 1) The fair market rent for existing housing for comparable units in the area as established by HUD; or 2) A rent that does not exceea-30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. In rental projects with five or more HOME -assisted rental units, twenty (20) percent of the HOME -assisted units must be occupied by very low-income families and meet one of following rent requirements: 1) The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits which include average occupancy per unit and adjusted City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 18 19D-22 income assumptions. However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR 92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a). 2) The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project -based rental subsidy and the very low-income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project - based rental subsidy program. To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. For homebuyer and rental projects, the length of the affordability period depends on the amount of HOME assistance to the project or buyer, and the nature of the activity funded. Table 1-1: Determininq the HOME Period of Affordability.'' `% HOME Assistance per Unit or Buyer Length of the -Affordability Period Less than $15,000 5 years $15,000 - $40,000 10 years More than $40,000 15 years New construction of rental housing 20 years - Refinancing of rental housing 15 years ' Throughout the affordability period, income-eligible'households must,occupythe HOME -assisted housing. When units become vacant during the affordability period; subsequent tenants must be income eligible and must be charged the applicable HOME rent. Other Requirements Minimum Loan: All HOME investments must total.,nbt less than'$1,000 multiplied by the number of HOME - assisted units in the project. Maximum Loan: The maximum amount of -subsidy per unit shall not exceed the maximum allowed by HUD under the HOME' program (24 CFR 92.250). The City will avoid unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. The'Housing Division will use HUD's Cost Allocation Tool to identify the maximum subsidy per unit for each project. Property Standards:' Housing that is assisted with HOME funds must meet, at a minimum, the City's Property Standards, including all applicable local, State and Federal codes and regulations. Newly constructed housing must also meet the current edition of the Model Energy Code published by the Council of American Building Officials. Substantially rehabilitated. Housing must meet the cost-effective energy conservation and effectiveness standards in 24 CFR 39. Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis -Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 19 19-23 standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non -construction costs. Lead -based Paint: Housing assisted with HOME funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. For more information, please see 24 CFR Part 92. VI. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Source of Funds Funding for this program is provided through the U.S. Department'of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 570, as amended from time to time. Eligible Borrowers/Grantees Eligible borrowers are community -based nonprofit hou"sing development corporations (CBDO's) duly organized orwith capacity to promote and undertake community development activities on,a not -for -profit basis, with proven capacity to develop, own and operate affordable housing, ,within a.neighborhood identified in the Community Development plan (Annual Action Plan). Such organizations are defined in CDBG, regulations (24 CFR 570.204(a)(2)(c)(1)). Nonprofit housing development corporations (HDC's) and social'service agencies with proven capacity to develop, own, and operate affordable housing, and limited partnerships whose general partner(s) is otherwise eligible under the above provisions, are also eligible to borrow Program funds if the nonprofit partner is the managing general partnenthroughbut the term of the loan and will receive at least 51 % of the developer fee. Nonprofit corporations must have a,valid 501(c)(3) or (4) designation from the Internal Revenue Service. Eligible Projects Eligible projects will: (1) have four or more apartment units or fewer than four units in the case of congregate housing, mobile home units or where the Housing Division Manager finds that the project will provide a substantial public benefit; (2) if new construction,.have 51 % of the units occupied by low income tenants; (3) be free from significant adverse environmental impacts, except those that can be mitigated; and, (4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program. Transitional or permanent supportive housing may be provided. Rents of assisted units shall be affordable to households whose'incomes do not exceed 80% of the area median income. Eligible Uses and Activities Funds can be used to make loans to eligible borrowers to provide affordable housing, principally for low and moderate income households; including, but not limited to: 1) acquisition and/or rehabilitation of eligible rental properties; 2) new construction of rental or limited equity cooperative housing by a CBDO is eligible, provided the construction activity is carried out as part of a neighborhood revitalization, community economic development or energy conservation project. New housing construction carried out by an eligible CBDO must be part of a larger effort to revitalize the neighborhood (i.e., a plan for the community's revitalization efforts based on a comprehensive plan, not just for the sake of the CDBG project); Ineligible Uses and Activities Funds may not be used for the following activities: 1) the construction of new rental housing or for any program to subsidize or assist such housing, except when carried out by a CBDO, provided the construction activity is carried out as part of a neighborhood City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 20 19D-24 revitalization, community economic development or energy conservation project; 2) to provide income payments for rent or utilities, except in emergency situations for a period not longer than three months; or, 3) to assist rental housing properties if less than 51 % of the units will be occupied by low and moderate income households. Compliance with Federal and Local Regulations All projects must comply with all applicable federal requirements contained in 24 CFR Part 570 Subpart K, including, but not limited to, standards of financial management, environmental review, labor and wage requirements, debarred contractors, lead -based paint and equal opportunity. Borrowers should note: Contract Requirements: All work shall be completed by licensed •contractors. All contracts must comply with competitive bidding requirements. Labor Standards: A project with eight or more residential'units must comply with the Federal Labor Standards, including the Davis -Bacon Act requirements,'as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal"Opportunity Affirmative Action requirements of Section 3 of the Housing Urban Development Act of 1968:, All efforts shall be made td provide equal opportunity for employment without discrimination as to race, marital status,,sex, color, age,',religion, national origin or ancestry, and to seek out qualified local tradespeople for contrac{ing and subcontracting bids. Lead -based Paint: Housing assisted wlth-CDBG funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning. Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless.otherwise providedi, borrowers are responsible for testing and abatement. ,` , ` , Accessibility: All projects"must comply with the. federal Section,504 Disabled Accessibility regulations contained in Sections 8.22•and 8.23 ofSubpart'C, 24'CFR Part 8. For more information, please see 24 CFR Part 570. VII. HUD -VETERANS AFFAIRS"SUPPORTIVE HOUSING PROJECT -BASED VOUCHERS Source of Funds The 2017 Appropriations Act provided $40 million, in HUD -Veterans Affairs Supportive Housing (HUD-VASH) funding that will support approximately 5,500 new HUD-VASH vouchers. On April 13, 2018, the Housing Authority was awarded $1,054,965.00dn;budget authority for a 12-month term to support 100 HUD -Veterans Affairs Supportive Housing (HUD-VASH) vouchers from the Fiscal Year (FY) 2017 allocation. The vouchers must be administered in partnership,with the V22/Long Beach HCS, serving homeless veterans in Orange County. Eligible Borrowers Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects The City and Authority is soliciting proposals for permanent supportive housing from owners and/or affordable housing developers together with at least one service provider who are experienced, very knowledgeable of HUD programs and its requirements, and financially capable of managing and maintaining high -quality City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 21 19-25 permanent supportive housing for U.S. military veterans experiencing homelessness. The City will entertain proposals for New Construction of Multifamily Rental Units, Acquisition and Rehabilitation of Multifamily Rental Units, and Existing Multifamily Rental Units only. Permanent Supportive Housing is defined in this RFP as permanent housing with comprehensive, wrap -around supportive services for people who are homeless. HUD-VASH project -based vouchers are for permanent supportive housing for homeless veterans through the Housing First Model. Eligible projects include acquisition, rehabilitation, or new construction of rental housing projects which: 1) The Public Housing Authority (PHA) may attach project -based voucher (PBV) assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an Agreement. a. Existing housing —A housing unit is considered an existing unit for purposes of the PBV program, if at the time of notice of PHA selection.tlie units substantially comply with HQS. i. Units for which rehabilitation or new construction began after owner's proposal submission but prior to execution of thetAgreement'to Enter into a Housing Assistance Payments Contract do not subsequently qualify as`existing housing. ii. Units that were newly constructed or'rehabilitated in violation of program requirements also do not qualify as existing housing. Applications for the HUD-VASH project -based vouchers must: (1) be for units located in the City of Santa Ana; (2) request a minimum of eight (8) PBVs; a6d'(3) propose to only serve households with'individuals or families who qualify for the HUD-VASH program and,are homeless as certified through referrals from the Department of Veterans Affairs -Long Beach Healthcare System`; -Orange County Veterans "Take -Down" List and the Orange County Continuum of Care Coordinated Entry System. Proposers must be owners of existing multifamily rental units or developers of affordable housing who wilkenter into an agreement for supportive services with a qualified service provider (unless the service provider is also the owner). In addition, the proposed project must have an on -site property manager and', provide• case management/resident services on -site. SAHA will evaluate the quality and location of the prospective housing as well as the experience of the service provider and proposed services. Proposals from owners/developers who cannot demonstrate such an agreement for supportive services will not be reviewed. Wrap -Around Supnbrtive -Services One of -the most important elements of permanent supportive housing is ongoing supportive services that are wrapped around Homeless individuals and families placed in housing. Under this RFP, the scope of services required for. service providers in the course of operating the Project -Based Voucher Program ("Program") will inciude,'but not be' limited to: 1) Performing outreach and intake of targeted individuals (i.e. homeless and chronically homeless veterans) for participation in the Program; 2) Making and accepting referrals of homeless veterans from the Department of Veterans Affairs - Long Beach Healthcare System, Orange County Veterans "Take -Down" List and/or the Orange County Continuum 'of -Care Coordinated Entry System; 3) Assessing homeless individuals and families to prescribe treatment/services; 4) Placing homeless individuals and families into project -based housing units; 5) Performing case management services for homeless individuals and families that will remove barriers to successful achievement of independent living skills, attainment of employment skills, and greater self-determination; 6) Tracking and reporting program activities and outcomes using the Homeless Management Information System (HMIS) operated by the Orange County Continuum of Care. Data entry into HMIS is required in order to perform tracking and reporting program activities and outcomes. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 22 19D-26 Supportive Services means services provided to tenants for the purpose of addressing the tenants' condition of homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the special needs of the tenants to be served. These services may include: (a) medical or mental healthcare; (b) medical and psychological case management; (c) benefits advocacy and income support assistance such as Temporary Assistance to Needy Families (TANF), General Assistance, CalFresh, Social Security Disability Income, tenant assistance or representation to address landlord/tenant issues; (d) money management/payee services; (e) nutritional counseling; and (f) assistance in obtaining other resources and support for tenants such as clothing, furniture and household items, transportation, job training and job placement. These services may be provided directly or by arrangement with other service providers. Through this RFP, the City expects the service provider and on -site property manager to work in partnership with the Department of Veterans Affairs - Long Beach Healthcare System. Housing First Housing First is an approach where homeless persons, usually chronically homeless or especially vulnerable homeless individuals and families, are provided immediate access to housing and then offered the supportive services that may be needed to foster long=term stability and prevent a return to homelessness. This approach removes unnecessary barriers and assumes that supportive services are more effective in addressing needs when the'individual or family is housed and the daily stress of being homeless is addressed. Key components of this•model include.a simple application process, a harm reduction approach, and no conditions of tenancy beyond those' included in the lease. Housing First specifically does not require sobriety ortesting for substance abuse to obtain or.sustain tenancy and thus must not be required in the lease. In serving these populations, projects cannot discriminate against families with children. ` � 4 Housing First programs share critical elements: 1) There is a focus on helping individuals and families'access and sustain rental housing as quickly as possible and the housing is not'time-limited; 2) A variety of services are delivered primarily following a housing placement to promote housing stability and individual well 'being; 3) Such supportive services are time -limited or'long-term depending upon individual need; and 4) Housing is not contingent on compliance with services. Instead, participants must comply with a standard lease agreement and are provided with the services and supports that are necessary to help them do so successfully. A Housing First approach rests on the belief that helping people access and sustain permanent, affordable housing should be the central goal of our work with people experiencing homelessness. By providing housing. assistance, case management and wrap -around supportive services responsive to individual or family needs (time -'limited or long-term) after an individual or family is housed, communities can significantly seduce the time people experience homelessness and prevent further episodes of homelessness. A central tenet of the Housing First approach is that social services to enhance individual and family well-being can be more effective when people are in their own home. More information on Housing First is available at: https://www. hudexchange. i nfo/resources/documents/Housing-First-Permanent-Supportive-Housing- Brief.pdf Eligible Uses and Activities Program funds can be used to enter into an Agreement with eligible borrowers who will provide affordable housing. Eligible uses of Project -Based Voucher funds include, but are not limited to, the following: 1) acquisition and/or rehabilitation of eligible rental properties; 2) acquisition and conversion of nonresidential property to multifamily rental housing units; and 3) new construction of rental housing units. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 23 19D-27 Affordability Requirements All units assisted under this program shall be affordable to households with incomes that do not exceed 30% of median income and must be targeted to eligible homeless veterans as determined by the Veterans Affairs of Long Beach under the HUD-VASH Program. Compliance with Federal and Local Regulations All projects must comply with all applicable federal requirements contained in 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead -based paint and equal opportunity. Borrowers should note: Contract Requirements: All work shall be completed by licensed'contractors. All contracts must comply with competitive bidding requirements. Labor Standards: A project with nine or more residential units must comply with the Federal Labor Standards, including the Davis -Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968, All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status; sex, color,'age„religion, national origin or ancestry, and to seek out qualified local tradespeople for,contracting and subcontracting bids. Lead -based Paint: Housing assisted with PBV funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Preventiori Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. Accessibility: All projects must comply with the federal Section,504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8. For more information, please see PIH Notice 2017 — 17 and 24 CFR Part 983. Vill. NEIGHBORHOOD STABILIZATION PROGRAM FUNDS HUD's Neighborhood Stabilization Program provided emergency assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. The Neighborhood Stabilization Program (NSP) provides grants to purchase foreclosed or abandoned homes and io rehabilitate, resell, or redevelop these homes in order to stabilize neighborhoods and stem the decline of house values of'neighboring homes. The program is authorized under Title III of the Housing and Economic Recovery Act of 2008. There have been three rounds of funding for NSP. The Housing and Economic Recovery Act of 2008 provided a first round of formula funding to States and units of general local government, and is referred to as NSP1. The American Recovery and Reinvestment Act provided a second round of funds in 2009 awarded by competition, and is referred to as NSP2. The third round of funding, NSP3, was provided in 2010 as part of the Dodd -Frank Wall Street Reform Act and was allocated by formula. 1) Use of grant funds must constitute an eligible use under HERA as amended by the Recovery Act. 2) In addition to being an eligible NSP use of funds, each activity funded must also be CDBG-eligible under 42 U.S.C. 5305(a) and meet a CDBG national objective. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 24 19D-28 NSP-Eligible Uses Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft -seconds, loan loss reserves, and shared -equity loans for low - and moderate -income homebuyers; 1) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; 2) Establish land banks for homes and residential properties that have been foreclosed upon; 3) Demolish blighted structures; 4) Redevelop demolished or vacant properties as housing. HUD will not consider requests to allow foreclosure prevention activities, or to allow demolition of structures that are not blighted, or to allow purchase of residential properties.and homes that have not been abandoned or foreclosed upon as provided in HERA. HUD does not have the authority to permit uses or activities not authorized by HERA. New construction of housing is eligible to redevelop demolished or vacant -properties as housing. For more information, please see https://www.hudexchange.info/programs/nsp/. IX. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES n ' j t. L INSURANCE Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall require its subcontractors, -if any, to obtain and maintain insurance as described below: 1) Commercial General Liability Insurance. Developer 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 there from and damage to property, resulting from any act or occurrence arising out of Developer'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 there from, and property damage, in, the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles.. 3) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Developer 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, Developer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. The following requirements apply to the insurance to be provided by Developer pursuant to this section: a. Commercial general liability and business automobile insurance policies shall (a) name the City, Authority, 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 Authority; and (c) contain standard separation of insureds City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 25 19-29 provisions. A sample additional insured endorsement is attached hereto as Exhibit C. Developer 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 and Authority 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 and Authority. If Developer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City and the Authority with required prooftliat insurance has been procured and is in force and paid for, the City and Authority shall have'the right, at the City's/Authority's election, to forthwith terminate the Contract. Such termination shall not'affect Developer's right to be paid for its time and materials expended prior to notification of termination. `Developer waives the right to receive compensation and agrees to indemnify the City and the Authority forany work performed priorto approval of insurance by the City and Authority. ii. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law„Developer shall indemnify, defend 'and hold harmless City, Authority, its officers, agents and erriployees (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 v4hatsoever,(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation; defects in workmanship and/or materials) or Developer's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of -Developer, '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 Developer to indemnifythe 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 the Agreement. This indemnity shall apply to all claims and liability regardless'of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Developer. ill. NOTICE Any notice, tender, demand; delivery or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication 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 City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 26 19D-30 With courtesy copy to Housing Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Fax 714-667-2225 iv. TERMINATION The City and the Authority reserves the right to terminate the, contract, without penalty, for cause immediately or without cause. s, 1) In the event Developer fails or refuses to timely perform•any bf the provisions of the Agreement in the manner required, or if Developer violates any provision of the Agreement, Developer shall be deemed in default. City shall provide written notice of such,default to Developer's Project Manager. Developer shall cure said default within a period of two ,(2) working days.'" -,If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Developer's Project Manager. City may,Jn addition to.the, other remedies provided in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Developer shall be;responsible for all costs incurred by City, including replacement costs of equipment and labor required,to provide service during Developers default. 2) This agreement maybe terminated without cause by City and/or Authority upon thirty (30) days written notice delivered to the Developer either personally or by mail:, Upon termination, City and/or Authority shall pay to Developer that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. , V. DEVELOPER OPTION FOR TERMINATION The Developer may request,termiriation� of the contract when conditions during the contract make it impossible to perform, or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City or Authority. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment'of undisputed sums by the City and/or Authority, Developer shall give the City and/or Authority thirty (30) working days to cure the alleged breach. VI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Developer of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review. vii. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1) Developer shall perform all requirements under the 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. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 27 19-31 2) Developer warrants that the performance of services under the contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of the contract. viii. ASSIGNMENT Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and/or Authority, and any such assignment, transfer; delegation or subcontract without the City's and/or the Authority's prior written consent shall be considered null and void. ix. JURISDICTION —VENUE i The Contract will be executed and delivered in the State of�California and the validity, interpretation, performance and enforcement of any of the clauses of the 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 the Contract. x. FINES The Developer shall be liable for all"violation fines levied against the City and'the Authority by State or Federal Agencies and the Courts such as, but not limited to; oil or fluid leaks. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 28 19D-32 ATTACHMENT1: EARLY OUTREACH COMMUNITY MEETING Information regarding the City's Early Outreach Community Meeting requirement can be accessed here: http://www.santa-ana.or,q/i)ba/planning/documents/Sunshine Ordinance -Guide to Community Meetings.pdf City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 29 19-33 ATTACHMENT2: CITY OF SANTA ANA REHABILITATION STANDARDS PREFACE The primary purpose of these standards is to address the quality of workmanship and materials expected, and to achieve consistency throughout the program activities administered by the City of Santa Ana. These standards are not intended to reduce or exclude the requirements of any federal, state or local codes, standards, ordinances and regulations that apply to residential rehabilitation. WORKMANSHIP • All work shall be performed in a professional and workmanlike manner. • The quality and durability of the work shall meet, cr exceed the standards established by the construction industry and various trades. MATERIALS & EQUIPMENT • All materials and equipment shall comply. with and tie, installed in accordance with the manufacturer's requirements and all applicable codes, standards, ordinances and regulations. If a discrepancy occurs between the requirements, the more stringent -shall prevail. • Unless otherwise specified, all materials'and equipment shall be m`'edium grade. • Economy grade materials and equipment are unacceptable. • All materials and equipment. shallbe new, in excellent condition, and delivered to the job in the manufacturer's original packaging.", - The description of materials and equipment found in this document establish a minimum standard. ENERGY EFFICIENCY, WATER CONSERVATION & RECYCLED MATERIALS To the extent possible and practical, standard measures related to energy conservation, energy efficiency, water conservation and the use tof recycled'materials have been incorporated herein. Gut rehabilitation or new construction of residential buildings up to, three stories will be designed to meet the standard for Energy Star Qualified New Homes. Gut rehabilitation or new construction of mid or high rise multi -family housing must be designed to meet.the American Society of heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 90.1-2004,Append N-G plus 20 percents LEAD -BASED PAINT All housing built before 1978 must comply with 24,CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control ,of lead based paint hazards. HUD's guidelines are available at BUILDING STANDARDS Minimum Standard The site shall be hazard -free and sanitary. • The site and all paving shall drain away from the dwelling and accessory buildings, but not onto adjacent properties. • Paving and walkways shall be hazard -free and intact. • Landscaping and irrigation systems shall be hazard -free and in relatively good condition. All dead vegetation shall be removed. • Fencing, walls and gates hazard -free and intact. All gates shall be in good working order. • The site shall be free from trash, debris and hazardous materials. • Accessory buildinas shall be safe and sound. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 30 19 D-34 Paving • All new paving and walkways shall be constructed with concrete (2,000 PSI @ 28 days). • Driveways shall be reinforced with wire mesh. Sawn expansion - contraction joints shall be placed every 8 feet in both directions. • All paving and walkways shall be finished with a light broom texture. • All walkways shall be at least 3 feet wide. Sawn expansion -contraction ioints shall be placed every 4 feet. Landscaping & Irrigation • To the extent possible and practical all new landscaping shall be drought resistant. • When a lawn is being replaced, the new lawn area shall be reduced to aid in the reduction of water consumption. • New irrigation controllers shall be weather or sensor based and EPA Water -Sense qualified. f • All new irrigation systems shall be designed to conserve water. Fences, Walls & Gates • All new wood fences shall be made from good quality materials. They shall be properly.supported with 4X4 pressure treated posts (8 feet O.C.) and 2X4 rails`(top'and bottom). The posts shall be embedded in a concrete footing at_ least 18" deep. • All new block walls shall be constructed'with,6X8X16 concrete block. They shall be properly supported by a,continuous footing and reinforced with steel bar.- ? Minimum Standard Roofs shall be safe and structurally sound. Roof coverings shall -be intact and watertight. • Roofing metal and flashing, shall be intact and rust free. • Gutters and downspouts shall be'intact and rust free. • Roof coverinas with five or less vears of useful life shall Rehabilitation •. Roofs -that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • The replacement of roofing includes the replacement of all metal (roof jacks and flashing). �• Gutters ;and downspouts shall be installed to properly discharge rain water run-o4.1. Roof Coverings 25-.year, 3-tab, self-sealing composition shingle. Built-up membrane (hot mop) system on all flat roofs. • . `Lighter colored coverings are preferred for energy efficiency. Minimum Standard • Decks, balconies and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be I Finishes • Zero or low VOC Primers. Paint and coatings. I City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 31 19D-35 Minimum Standard • Safe and structurally sound. Rehabilitation • Ext. steps, stairways and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Finishes • Zero or low VOC primers, paint and coatings. Minimum Standard • Safe and structurally sound. Rehabilitation • Foundations that do not meet, the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum`standard will be achieved. • If the project involves a gut rehab, raised foundations shall be completely insulated: Concrete • 2,000 PSI (minimum). Minimum Standard • Safe, structurally sound and,watertight. Rehabilitation • Exterior,- walls that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the. minimum standard will be achieved. • If the p?oiect involves a out rehab, all exterior walls shall be insulated. - • K 36oi Minimum Standard Safe, sound, weather -tight and in, good working order. Rehabilitation Exterior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. New Doors EPA Energy Star qualified, zero or low VOC finish. New Hardware Reputable manufacturer, lifetime finish. Minimum Standard, • Safe; sound`and in good working order. Doors shall be impermeable (primed and painted). • Five or more years of practical utility. Rehabilitation Garage doors and openers that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Minimum Standard • Windows shall be safe, sound, weather -tight and in good working order. • Windows that can be opened shall have a tight -fitting insect screen. • Five or more years of practical utility. Rehabilitation • Windows that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 32 19D-36 New Windows • Reputable manufacturer. • EPA Energy Star qualified. Minimum Standard • Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All exterior paint shall be intact and free of corrosion. • Five or more years of practical utility. Rehabilitation . All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall'be removed. • All holes and cracks shall beffilled and finished so that they blend into the surrounding area. `'Z • All stucco surfaces to. be painted shall receive a complete and even coverage of stucco paint." • All wood surfaces to;be painted shall receive a complete and even coverage of flat exterior paint. • Poor workmanship will not be tolerated: ' New Paint • Reputable manufacturer. `. • Highest quality available. F • Zero or low VOC paint,.caulking and fillers. Minimum Standard • Safe and°structurally sound. • All plaster; drywall and paneling shall be safe and intact. Rehabilitation . "Walls and well'coverings that "do,not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the,minimum standard will be achieved. • " If the project involves a gut rehab, the attic, walls and floor on raised foundations shall be insulated. Minimum Standard Safe,'sodnd and sanitary. • Five or more years of practical utility. Rehabilitation Floor coverings that do not meet the minimum standard shall be ,replaced. Practical, cost effective repairs are acceptable as long as Replacement Floor ` :' Carpet & Pad (Reputable manufacturer, recycled materials). Coverings Resilient Flooring (Reputable manufacturer, 10 year wear warranty). • Ceramic Tile (Reputable manufacturer) Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation • Interior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Doors & . Doors (Reputable manufacturer, masonite, raised panel). Hardware . Hardware (Reputable manufacturer, lifetime finish). City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 33 19-37 Minimum Standard • Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All interior paint shall be intact and corrosion -free. • Five or more years of practical utility. Rehabilitation • All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All surfaces to be painted shall receive a complete and even coverage of flat paint (semi -gloss in kitchen's, bathrooms and laundry rooms). • Poor workmanship will not be tolerated. New Paint • Reputable manufacturer. - t. • Highest quality available. • Zero or low VOC paint; caulking and fillers. COUNTERTOPS --------------- Minimum Standard • Cabinets shall be safe, sound; sanitary and,in"good working order. • Countertops shall b'e safe,.souna, sanitary an`d watertight. • Five or more years of ractical utility. Rehabilitation • Cabinets -and, countertops that do not meet the minimum standard shall be, replaced. Practical,, cost effective repairs are acceptable as Ion as com liance with the minimum standard will be achieved. Replacement Cabinets Reputable`manufacturer. Solid hardwood face -frames, door -frames and drawer fronts. • Metal and nylon drawer guides: •' • Low or zero VOC adhesives and finishes. Replacement Reputable manufacturer. Countertops 4" ceramic tile, 6" backs lash, bull -nose edge. KITCHEN EJOUIPMENT AND APPLIANCES Minimum Standard •, Safe,`sodnd, sanitary and in good working order. • Faucets'shall (at a minimum) be equipped with a low -flow aerator. • 'Five or more years of practical utility. Rehabilitation Kitchen fixtures, equipment and appliances that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will ,,be achieved. Replacement Sinks • Reputable manufacturer. • 18- ua a minimum stainless steel. Replacement Faucets • EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. Replacement Disposals • Reputable manufacturer. • % HP motor (minimum). • Stainless steel swivel lugs. Replacement • EPA Energy Star qualified. Dishwashers • Reputable manufacturer. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 34 19D-38 Replacement Range • EPA Energy Star qualified. Hoods • Reputable manufacturer. Replacement Ranges • Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. • Self-cleaning oven with timer. Replacement Cook Tops • Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. Wall Ovens • Reputable manufacturer. • Pilot -free ignition. • Self-cleaning oven with timer. , BATHROO QUIPMENT Minimum Standard . Safe, sound, sanitary and in good working order. • Faucets shall (at'a minimum) be equipped with a low -flow aerator. • Showerheads shall (at a minimum) be equipped with low -flow aerator. • Porcelain sinks shall'be free -from any cracks:oY chips. • Steel sinks shall be free from any rust or corrosion. • Five or more years of practical utility. Rehabilitation . Bathroom -fixtures and equipment that do not meet the minimum standard 'shall be- replaced, 'Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Toilets that require more than 1.6 GPF shall be replaced regardless of their condition. Replacement Sinks Reputable manufacturer. • Cast iron, white enamel finish. Replacement Faucets. EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. Replacement Toilets •. Reputable manufacturer. • EPA Water -Sense qualified 1.28 GPF Replacement Tubs Reputable manufacturer. • Cast iron body, white enamel finish, slip resistant bottom. • EPA Water -Sense qualified plumbing fixtures. Replacement Reputable manufacturer. Combination . ' Cast iron body, white enamel finish, slip resistant bottom. Tub -Showers 4" ceramic tile surround. • Anodized aluminum doors with tempered glass. • EPA Water -Sense qualified plumbing fixtures. Replacement Showers Reputable manufacturer. • 4" ceramic tile. • Anodized aluminum door with tempered glass. • EPA Water -Sense qualified plumbing fixtures. Replacement • Reputable manufacturer. Medicine Cabinets . Steel body, beveled mirror door. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 35 19-39 Towel Bars & Toilet Paper • Reputable manufacturer. Holders • Metal construction, polished chrome finish. WATER SUPPLY I WASTE AND VENT PIPING Minimum Standard • Safe, sound and leak -free. Rehabilitation • Piping (supply, waste and vent) that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement • Copper, type 1". Water Supply Piping Replacement • Schedule 40 ABS. Waste & Vent Piping WATER HEATERS Minimum Standard • Safe, sound and,in good working order. • Five or more ears -of practical utilityN, \ Rehabilitation • Water heaters.,that do not meet the`=minimum standard shall be replaced. Practicai:\cost effective repairs`are acceptable as long as compliance with the mini num.standard will be achieved. Replacement Water Heaters (Tank) Reputatile.manufacture ` EPA Energy Star qualifiiad. lon • 40- alinsulated,tank. ,`, Replacement ._ Reputable inanufactu�er._ ` Water Heater _ 'EPA Energy Star qualified: �� '•,_,- Tank -Less *' \ � - ELECTRICAL SERVICE WIRING Minimum Standard. _Safe, sound and in good working order. O'\ 100=am ere minimumservice. Rehabilitatioh \ Electrical service-p an -els, breakers and wiring that do not meet the minimum standard shall be replaced. Practical, cost effective repairs b'are acceptable as long as compliance with the minimum standard will e achieved;\ j \ • Knob and tube wiring shall be replaced regardless of its condition. • Overhead wiring from a dwelling to a detached garage or accessory '\ /6uiiding shall be installed underground regardless of its condition. Replacement \\•' Reputable manufacturer. Service \• / 100-am ere (minimum). Replacement Wiring • Romex NM cable). Minimum Standard • Safe, sound and in good working order. • Light fixtures shall (at a minimum) be equipped with CFL bulbs. • Exterior lighting fixtures used for security shall be equipped with a Rehabilitation Electrical switches, outlets and lighting fixtures that do not meet the minimum standard shall be replaced. Practical, cost effective re airs City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 36 19 D-40 are acceptable as long as compliance with the minimum standard will be achieved. • All new light fixtures shall be U.L. approved and Energy Star qualified. • Outlets located within 6 feet of a source of water shall be ground fault protected. • Exterior switches and outlets shall be weatherproof. Replacement • U.L. approved. Switches & Outlets Replacement • Reputable manufacturer. Lighting Fixtures • U.L. approved and EPA Energy Star qualified. F � Minimum Standard . Safe, sound and in good working,order. • Five or more years of,pradticdutility. Rehabilitation • HVAC that does• not,meet the minimum standard shall be replaced. Practical, cost-effective repairs are acceptable as long as compliance with the minimuri,standard will be achieved.,'-,, • Tune-up all HVAC, equipment.(as a minimum):., • Seal all ducts (as a'minimum). • All new HVAC a ui m`ent`shall be sized ro err Furnaces • Reputable.manufacturer.,. . • EPA Ener . Starqualified. Central Air Conditioners • Reputable manufacturer. 'EPA Ener Star ualified: . Thermostats :'Reputable manufacturer. • EPA Energy Star qualified. a' • Prd rammable.' % .. Minimum Standard Additions arid-alterationsthat were constructed without a building permit and are clearly substandard shall be removed. •, 'Garages' converted to living quarters shall be returned to their original'use., • 'Additions and alterations that were constructed without a building permit, but appear to be compliant, shall be inspected by the City's Building Official to determine if a building permit can be issued and they can be saved. City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 37 19-41 EXHIBIT B TO BE INCLUDED IN PROPOSAL ALIGNMENT WITH THE CITY'S HOUSING ELEMENT AND STRATEGIC PLAN Please check those goals in the Housing Element and Strategic Plan that the proposed project aligns with: HE-1.1 Housing Conditions. Promote the rehabilitation, repair, and improvement ❑ of single-family, multiple -family, and mobile homes and, if needed, the demolition of substandard housing that presents a health and'safety hazard. HE-1.7 Historic Preservation. Support preservation and enhancement of ❑ residential structures, properties, street designs, lot patterns, and other visible reminders of neighborhoods that are considered'local historic or cultural resources. HE-2.1 Downtown. Strengthen Santa-Aha''s core-asa vibrant mixed -use and ❑ mixed -income environment by capitalizing` on the government center, arts district, historic downtown, transit -oriented housing, and diverse neighborhoods. HE 2-3 Rental Housing. Encourage the construction of rental housing for Santa ❑ Ana's residents and workforce, including a commitment to verylow, low, and moderate income residents and moderate`income Santa Ana workers. HE-2.4 Diverse Housing Type. Facilitate diverse types, prices,, and sizes of El including single-family homes, apartments, townhomes, mixed/multiuse housing, transit -oriented housing; multigeneraiional housing, and live -work housing, opportunities. HE-2.5 Housing Design. Require excellence in architectural design through the ❑ use of materials and colors, building treatments, landscaping, open space, parking, and environmental sensitive ("green"Y ("green"building and design practices. HE -3.2 Homeownership. Increase and expand homeownership opportunities for ❑ low and moderate income residents and employees working in Santa Ana through the provision of financial assistance, education, and collaborative partnerships. . HE-4.1. Senior Housing. Support development of affordable senior rental and ❑ "ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. HE-4.2 Family Housing. Facilitate and encourage the development of larger rental ❑ and ownership units for families, including lower and moderate income families, and the provision of childcare, after -school care, and other services when feasible. HE-4.3 Housing for Disabled People. Support the development of permanent, ❑ affordable, ,and accessible housing that allows people with disabilities to live independent lives, and assist them in maintaining and repairing their homes. HE-4.4 Service -Enriched Housing. Support the provision of supportive services ❑ and service -enriched housing for persons with special needs, such as senior, disabled people, homeless people, families, veterans, and people with medical conditions. HE-4.5 Healthy Homes. Support efforts to make homes more healthful by ❑ addressing health hazards associated with lead -based paint, asbestos, vermin, mold, VOC-laden materials, and prohibiting smoking in multi -family project, among others. ❑ HE-4.8 Housing Priority. Provide that Santa Ana residents, employees, and designated need groups receive priority for affordable housing created under the City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 38 19 D-42 Housing Opportunity Ordinance or with City funding to the extent allowed under state law. Strategic Plan Goals and Objectives ❑ Re -use of Commercial or Industrial Buildings that are currently underutilized or vacant for mixed -use residential projects Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing El this project give priority to the following populations: \3 ❑ Residents, if so how many units. Residents, ❑ Employees, if so how many units? ❑ Artists, if so how many units?' ❑ Veterans, if so how many.units? \ 1 FIRM SIGNED AND PRINTED NAME TITLE A � \ I i �♦off f, City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 39 19 D-43 DATE EXHIBIT C NOT REQUIRED UNTIL AFTER DEVELOPER SELECTION 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 and the Housing Authority of the City of Santa Ana; 20 Civic Center Plaza M-25, Santa Ana, California 92701; 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 r on.behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by.this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom'claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any righ{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 M-25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) 1, Effective this endorsement form as part of w Policy # Issued to Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 40 19 D-44 EXHIBIT D TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL & CONTRACT AGREEMENT 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 and the Housing Authority of the City of Santa Ana; hereinafter collectively referred to as the 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 here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her 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 Serviee•properly addressed to the proposer with the correct postage affixed thereto. 11, Proposer further agrees that upon delivery (as defined above) of the.accepted agreement'he/she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposers 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 enter into an Agreement and/or 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 `Non -Discrimination by Developers, and the Workers' Compensation,Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM AND PRINTED NAME ' City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 41 19D-45 DATE EXHIBIT E TO BE INCLUDED IN PROPOSAL PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER The undersigned Developer or corporate officer, during the performance 6f4his contract, certifies as follows: f , 1. The Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer 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 of recruitment advertising;.layoff or termination; rates of pay or other forms of compensation; and selection for` training, including apprenticeship. The Developer 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 Developer shall, in all solicitations; or' advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Developer 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 Developers commitments' under this section, and shall post copies of the notice in conspicuous places 'available to employees and applicants for employment. 4. The Developer 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 Developer 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/herbooks, 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 Developers 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 Developer may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution 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 Developer 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 City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 42 19 D-46 noncompliance; provided, however, that in the event the Developer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Developer may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of,such persons, except as provided in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME � r TITLE DATE - t t City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 43 19 D-47 EXHIBIT F TO BE INCLUDED IN PROPOSAL PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7.106) l To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112`and Public Contract Code 7106 the PROPOSER 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put,in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with -any PROPOSER or anyone else to put in a sham bid, 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 bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit;_or cost element of the bid 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 bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or'her bid price or any breakdown thereof, or the contents thereof, or divulged 'information or data relative thereto, , or paid, and will not pay, any fee to any corporation, partnership, company association, organization; bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature 'of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this who appeared before me. Notary Public Signature day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 44 19 D-48 EXHIBIT G TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL AND CONTRACT AGREEMENT COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA WORK CENTER O Proposer understands and agrees that s/he will be required to enter into a'Memorandum of Understanding (MOU) with the Santa Ana Work Center to coordinate services. The purpose of the MOU is to establish a cooperative working relationship between the parties in order to provide program, beneficiaries with information about Work Center opportunities to find betterjobs and careers. The MOU serves to establish the framework for providing services to employers, job seekers and others needing workforce services: The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain -'a higher -paying job. The Santa Ana WORK Center is available to connect program beneficiaries to a full range of no -cost services, resou�ces•and opportunities to help: • Build the skills employers want most - • Access training and/or education programs that lead to employment `..' • Find the jobs and employers who are -hiring ' • Screen for additional employment or social'services • Receive support to succeed in job search Proposers are encouraged to.contact the Santa Ana Work Center at (714) 565-2629 to learn more about their programs and services and the terms and conditions`of the MOU. ' A template for the MOU will be provided promptly to the proposer after the announcement of an award. All terms contained in the Memorandum of Understanding are to be incorporated by reference into this Agreement and are made, specifically as part'of this RFP.. Fdr.E l i SIGNED AND PRINTED NAME, " TITLE City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Pa a 45 19 -49 DATE EXHIBIT H MAPS OF LAND ASSETS OWNED BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA City of Santa Ana Community Development Agency Request for Proposals for Affordable Housing Development Page 46 19D-50 LON a -�V�4� W C r 4 MAMA r CLARA $ AVENUE $ 1 •o eo' sr Ir n.]a• ea a.a' �•P aS�a Qe § O+ A 2M C)yY a ci z 2Y sw•v � o O T �N Y e OI A G N CO O pO ffi s � A 1n' e � B O � svn• n N y Q N W.b' 6Y W !0' N' O 2 �• t ; a BUFFALO AVENU£ www a AVE. N ZO W � N ONI N V m O ♦ 2• ^ml C11 $ p O 1r 7. 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W Q I ' I I W/fin O, 9 Z STREET g r Q y a I � I 1 1 y I I I ♦ 4 I I Ilsal I 1 1 1 1 1 Isa I Ip I I• 1 I I I Inl l j IN1 � � WW 1 j l l j j 4li I I I I 1 Nr4 Id ly 'fy I� p Ib b ' N ' dllry 1 N I I 1 I I y I I fl01 M 1',I � Gip I a i• I I g GARFIELD I ICI G ib �I � g N T 1 pe�gMn�� L AOsa�� S�SnN�� 2 NASNNE c nomn �mm.aNN m"on �A°a xA A; m mnxn�mm. o oo".x Ym o co• o 2 O� AT N L�T�n A C�Nr O OtiO� 1 a PO/NSETT/A STREET g_ 19 — II 0 w m O 19D-53 9 a 20 II 19 V LINCOLN 4 _..,............... : k k 8 W s FULLER na a i s OW o wOn � O a ` O IO @ STREET _'a, h� m aaoaaK� O (n e a a."x mcn:a anNU 41 2 "NNZANP, 2 INa Y mnanNnn 'STREET s O ooNZ Y„a � m�sa� n..n eP L mTno esl xm o�o� I O H N rn a m pp V I� y Lh H to Zk HEAS WOU Z AVENUE 0 2 r n T GRAND / — AVENUE M 1. 400-26 �T O 19D-54 co REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE APPROPRIATION ADJUSTMENT - HOUSING CHOICE VOUCHER PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM (STRATEGIC PLAN NOS. 4, 1; 5,3) J CIT 4' ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing additional Housing Choice Voucher Program funds in the amount of $2,771,060 in revenue account (nos. 13618002-52000 and 13718002-52000) and appropriating the same amount to expenditure accounts (nos. 13618760-various and 13718760-various). 2. Approve an appropriation adjustment recognizing additional HOME Investment Partnerships Program funds in the amount of $6,083 in revenue account (no. 13018002-52000) and appropriate same to reserve appropriation account (no. 13018780-69011). DISCUSSION The Consolidated Appropriations Act, 2017 ("2017 Act") was signed by the President of the United States on May 5, 2017 to authorize the funding for the federal government for the remainder of fiscal year 2017. This bill made funds available to the United States Department of Housing and Urban Development (HUD) for a variety of programs including the Housing Choice Voucher (HCV) program and the HOME Investment Partnerships Program (HOME). The 2017 Act also established the allocation methodology for calculating housing assistance payments (HAP) renewal funds, new incremental vouchers and administrative fees, based on validated information from the Voucher Management System for the prior calendar year. The Housing Authority of the City of Santa Ana administers the HCV program as one of four public housing agencies in the county. During the preparation of the Fiscal Year (FY) 2017-18 budget, information regarding the actual allocations of the HAP funds and administrative fees were not available from HUD. A conservative budget approach was utilized and the estimated HAP funds to be received for the period of July through December 2017 was budgeted at $13.6 million, which was lower than the $15 million amount actually received from HUD. Furthermore, HUD recently announced funding provisions for the HCV program for the period of January through June 2018 based on the enactment of the Consolidated Appropriations Act, 2018 ("2018 20A-1 Appropriation Adjustment — HCV Program and HOME Program June 19, 2018 Page 2 Act"). Pursuant to the 2017 Act and 2018 Act, the Housing Authority will receive and expend housing assistance payment funds for voucher holders who transfer or "port" their rental subsidy when they move from Santa Ana to a different jurisdiction in excess of the estimated FY 2017-18 budget. The appropriation adjustment will align the City's FY 2017-18 budget more closely with HUD's calendar year allocation methodology. The HOME program is the largest federal grant program designed to create housing for low- income households. Santa Ana uses the funds for a variety of loan programs to enhance existing housing stock through rehabilitation, down payment assistance for first time homebuyers, and to assist in the development of new affordable housing units. In FY 2016-17, the City was allocated $1,145,144 in HOME funds but the total amount appropriated as part of the adopted City budget for that year was $1,139,061. The difference of $6,083 was never recognized for appropriation into the City budget in the prior fiscal year. The appropriation adjustment will adjust the HOME program's budget in the City's financial system to match HUD's federal grant system budget. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal # 4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Approval of the HCV Program appropriation adjustment will recognize $2,771,060 in revenue account (nos. 13618002-52000 and 13718002-52000) and increase the FY 2017-18 expenditure accounts as follows: Account Number Program Amount 13618760-69158 HCV HAP $ 500,855 13618760-69159 HAP-FSS Escrow 41,490 13618760-69162 Port Out HAP 2,101,200 13718760-69162 NED Port Out HAP 127,515 TOTAL: $ 2,771,060 Approval of the HOME Program appropriation adjustment will recognize $6,083 in revenue account (no. 13018002-52000) and increase the FY 2017-18 reserve appropriation account (no. 13018780-69011) by the same amount. Steven A. Mendoza Executive Director APPROVED AS TO FUNDS AND ACCOUNT: �,Z", A0 Francisco Gutierrez Executive Director r" i3a cA�- Community Development Agency Finance and Management Services Agency - � RU i36%i37 t// 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: AWARD PURCHASE ORDER TO GUARANTY CHEVROLET MOTORS INC. FOR A CHEVROLET SILVERADO CREW LEADER TRUCK (SPECICIFICATION NO. 18-005) (STRATEGIC PLAN NO. 6,2) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for the procurement of one Chevrolet Silverado truck with a low profile WorkPod insert in the amount of $52,659.20, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Sewer Services Division is in need of a truck to replace an existing maintenance vehicle for one of their crew leader positions. The existing maintenance vehicle was purchased in 2005 and has over 109,000 miles. Due to the extensive use and age of this vehicle, it has proven to be unreliable and expensive to repair. The replacement Silverado will include a low profile WorkPod insert to provide adequate tool storage compartments. The Notice Inviting Bids was advertised on January 22, 2018, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 28 Vendors notified 13 Vendors downloaded the bid packet 1 Bids received 1 Bid received from a Santa Ana vendor 22A-1 Contract Award for Crew Leader Truck June 19, 2018 Page 2 The bid was opened on February 22, 2018, and evaluated Chevrolet, a Santa Ana vendor, is responsive to the requirements. STRATEGIC PLAN ALIGNMENT . The bid submitted from Guaranty specifications and meets the City Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $52,659.20 are available in FY 2017-18 Sanitary Sewer Service account (05617640-66400). Edwin "William" Galv�'F Acting Executive Director Public Works Agency FG/CL/sp APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director v X " Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AWARD PURCHASE ORDER TO ❑ As Recommended MCCAIN INC. FOR TRAFFIC SIGNAL ❑ Amended ElOOrdinance on Reading SPECIFICATION NO. 18-039 CABINETS ( ) 2n ❑Ordinance on ° Reading (STRATEGIC PLAN NO. 6, 1C) ❑ Implementing Resolution ❑ Set Public Hearing For r CONTINUED TO FILE NUMBER CL4 MANAGER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to McCain, Inc. for the purchase of seven traffic signal control cabinets in an amount not to exceed $53,400, subject to nonsubstantive changes approved by the City Manager and City Attorney. The City of Santa Ana maintains and operates 303 traffic signals, many of which have outdated steel cabinets. At times, these cabinets fail due to traffic collisions, electrical surges, rust, or other damage. Once a cabinet is compromised, it must be replaced immediately to minimize delay and congestion impacts to the public. To expedite cabinet replacement, the City will purchase 7 aluminum cabinets that meet current State of California Department of Transportation (Caltrans) standards. These cabinets will be provided to the traffic signal maintenance contractor on an as - needed basis. The notice inviting bids was advertised on May 1, 2018, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 315 Vendors notified 12 Vendors downloaded bid documents 5 Bids received 0 Bids received from Santa Ana vendors Bids were received, opened on May 22, 2018, and evaluated (Exhibit 1). The bid received from McCain, Inc. is responsive to the specifications and meets the City's requirements. 22B-1 Purchase Order Award for Traffic Signal Cabinets June 19, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets) Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $53,400 are available in FY 2017-18 Traffic Signal Maintenance account (02917620-62300). 5 ee�L Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency FM/EWG/CR/sm/sp Exhibit 1: Abstract of Bids APPROVED AS TO FUNDS & ACCOUNTS: 1 .�'" Francisco Gutierrez Executive Director Finance and Management Services Agency 22B-2 ABSTRACT OF BIDS TRAFFIC SIGNAL CABINETS (18-035 BIDDER Econolite Control Products JTB Supply Co., Inc. McCain, Inc. Wesco Distribution, Inc. Western Systems, Inc. *Includes 4% Local Vendor Preference LOCATION TOTAL Anaheim $62,753.60 Orange $96,411.25* Vista $53,355.65 Phoenix, AZ $89,001.50 Everett, WA $86,199.98 EXHIBIT 1 22B-3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN NO. 5, 2; 5,3) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I'_1:1=10 /fit ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation Agmt. No. Santo Puzzo Jr. & Carol H. 2017-54 1110 W. Sixteenth Street 6:0 (Nguyen & Frank Tardif absent) Eric W. Wittman 2017-56 1615 N. Freeman Lane 6:0 (Nguyen & Tardif absent) Randy J. Hamilton & Maria G. 2017-58 1815 N. Heliotrope Drive 6:0 (Nguyen & Hamilton Tardif absent) Mark Phillip Delgado & Marilyn 2017-67 2377 N. Flower Street 5:0 (Nguyen & Bemaudo Delgado Tardif absent; Murashie abstained HISTORIC RESOURCES COMMISSION ACTION On May 24, 2018, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. 25A-1 Historic Property Preservation Agreements June 19, 2018 Page 2 DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1-B4). 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) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,392.28 annually noted below, for a period of not less than ten years. HPFforAll Address Estimate Exhibit No. 2011110 West Sixteenth Street $420.62 B1 2011615 North Freeman Lane $652.28 B2 2011815 North Heliotro a Drive $1,562.85 B3 2012377 North Flower Street $756.53 B4 Total Properties: $3,392.28 Minh Thai Executive Director Planning and Building Agency MM:rb S:RFCA\06-19.18\PBA Historic Prop Preservation Mills Act A9mt 6-19-18 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez (25A Executive Director Finance and Management Services Agency Exhibits: A. Mills Act Agreement Template B1-B4. Historic Resources Commission Staff Reports 25A-2 MILLS ACT AGREEMEAT [Address] Santa Ana, CA 9270 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECOl2DIN�r Pl7RSUANT f0 GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Mantel , (hereinafter referred to as "Owner"), owners of real property located at [Address , Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Govenmient Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at IAddressl, Santa Ana, CA, 9270X and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The ONmer and the City intend to carry out the purposes of California Govermnent Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment -1- 25A-3 MILLSACTAGREEMENT /Address/ Santa Ana, CA 9370 of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desires) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the terns of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Department of Parks and Recreation Primary Record" attached hereto as Exhibit C, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the -'- 25A-4 MILLSACTAGREEMENT [Address/ Saida Ana, CA 9270 State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit B, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent-the-viewing-oftlre-historic-landmark-by-the-public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. 25A-5 MILLS ACT ACHEEMENT /Address/ Sala Ana, CA 9270 b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled_and_no_feeimposed,_as-specifiedinS,oS�emment Code Section 59288, 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at [Address , Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations -a- 25A-6 MILLSACTAGREEMENT (Address) Santa Ana, CA 9270 expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M 30) P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council Owner: [Name(s)] [Address] Santa Arta, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. -5- 25A-7 M/LLSACTAGREEMENT [Address] SnuM Ana, CA 9270 d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the patties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any patty or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may_r_eco_v_er all_reasQnable attorneys fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. ht the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature Page Follows} -6- 25A-8 ATTEST: M/LLSACTAGREEMENT /Address) Santa Ana, CA 9270 CITY OF SANTA ANA MA-RTA D.HUIZAR UL- ODTNEZI Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA S' ORCK Assistant City Attorney OWNER: Date: City Manager RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency .31 Date: By: -7- 25A-9 MILLSACTAGREEMENT /Address/ Santa Ann, CA 9270 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Number: -8- 25A-10 MILLSACTACREEMENT (Address) Santa Ana, CA 9270 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with -9- 25A-11 MILLSACTAGREEMENT /Addressf Santa Ana, CA 9270 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to- 25A-12 MILLS ACT AGREED/ENT (Address) Saa1a Alta, CA 9270 EXHIBIT C Department of Parks and Recreation Primary Record for Property _I]_ 25A-13 25A-14 REQUEST FOR Historic Resources Commission Action MAY 24, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-50, HISTORIC REGISTER CATEGORIZATION NO. 2017-49, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO.2017.54 FOR PROPERTY LOCATED AT 1110 WEST SIXTEENTH STREET {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Ivan Flores Executive Director . . RECOMMENDED ACTION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning .Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-50 and Historic Register Categorization No. 2017-49 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Santo Puzzo Jr. and Carol H. Frank, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Santo Puzzo Jr. and Carol H. Frank are requesting approval to designate an existing residence located at 1110 West Sixteenth Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. This item was continued from the April 26, 2018 Historic Resource Commission meeting for new information to be added to the Historic Description template. Proiect Location and Site Description The subject property is located on the south side of Sixteenth Street west of North Towner Street in the Washington Square neighborhood. The subject property consists of a 1,281 square foot, Ranch style residence and detached garage on a 6,878 square foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In August 1998, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. EXHIBIT B1 25A-15 HRCA No. 2017-50, HRC No. 2017-49 HPPA No. 2017-54 May 24, 2018 Page 2 The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 64 years old. No known code violations exist on record for this property. The property, recognized as the Frank House, has distinctive architectural features of the Ranch style, and was built in 1954 by George M. Holstein & Sons, and designed by Cliff May and Chris Choate. Cliff May was a prominent designer and architect best known for pioneering the California Ranch House. Character defining features of the Frank House that should be preserved include, but may not be limited to: materials and finishes (vertical wood siding); roof configuration, materials, and treatment (wood shake shingles and brick chimney); massing and composition; fenestration (multi -light single hung windows); and architectural detailing (dormers, wood shutters). It is recommended that the house be designated to the Santa Ana Register of Historical Properties, based on Criterion 1 and 2, and categorized as "Key" because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a distinctive example of period architecture," representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). 1 llII7V_C4i_[: r4=0 I Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25A-16 HRCA No. 2017-50, HRC No. 2017-49 HPPA No. 2017-54 May 24, 2018 Page 3 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Washington Square Neighborhood and the president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-32 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). v Ivan Flores � Planning Technician Exhibits: 1 — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-17 RESOLUTION NO.2018-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-50 TO PLACE THE PROPERTY LOCATED AT 1110 WEST SIXTEENTH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-49 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 24, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-50) and categorization (Historic Resources Commission Categorization No. 2017- 49) of the Frank House located at 1110 West Sixteenth Street, Santa Ana. B. The Frank House has distinctive architectural features of the Ranch style, and was built in 1954 by George M. Holstein & Sons. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key". The Frank House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style, and under Criterion 2 for being the work of a notable designer and architect. Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history' of the Washington Square neighborhood and "is a unique example of period architecture," representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Frank House that should be preserved include, but may not be limited to: materials and finishes (vertical wood siding); roof configuration, materials, and treatment (wood shake shingles and brick chimney); massing and composition; fenestration (multi -light single hung windows); and architectural detailing (dormers, wood shutters). D. Santo Puzzo Jr. and Carol H. Frank are the legal owners of this property EXHIBIT 1 25A-18 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-32 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-50 to place the Frank House located at 1110 West Sixteenth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-49 placing the Frank House located at 1110 West Sixteenth Street, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. 25A-19 Alberta Christy Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana 25A-20 Exhibit A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-312-20 1110 West Sixteenth LOT 10 OF TRACT NO. 1448, Santo Puzzo Jr. Street AS SHOWN ON A MAP and Carol H. THEREOF RECORDED IN Frank BOOK 46, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY 25A-21 EXECUTIVE SUMMARY Frank House 1110 West Sixteenth Street Santa Ana, CA 92706 NAME Frank House REF. NO. ADDRESS 1110 West Sixteenth Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch style dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration.While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-pattemed muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Frank House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style, and under Criterion 2 for being the work of a notable designer and architect. Additionally, the house has been categorized as "Key" because it it "contributes to the overall character and history" of the Washington Square neighborhood and "is a unique example of period architecture," representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7 "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT B1 25A-22 AZsnfState of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Frank House P1. Other Identifier: •P2. Location: El Not for Publication ■Unrestricted •a. County Orange County `b. USGS 7.5' Quad N/A Date: N/A 'c. Address 1110 West Sixteenth Street City Santa Ana Zip 92706 .a. Other Locational Data: Assessors Parcel Number 405-312-20 •P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Washington Square, the Frank House is a one-story single-family residence constructed in the Ranch style with a detached two -car garage, connected by a wood fence and entry gate. L-shaped in design; the house has a low- pitched roof with slightly overhanging eaves, and exposed rafters. The exterior of the building and detached garage is clad in vertical wood siding and the primary elevation faces Sixteenth Street. The porch entry is characterized by a double door each with four fixed lights that mirror the adjacent four single -light casement and fixed windows. The entryway and windows are framed by triangular windows located below the roof gable. A brick chimney rises below the ridge line west of the main entry. The building contains multiple oversized windows similar to those on the primary elevation. •123b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence 'P4. Resources Present: ■Building ❑Structure []Object []Site ❑District ❑Element of District []Other Photo '`�R FFy 1 ♦k `'ai.. .sir nk �r report and other sources, or enter "none") None P5b. Photo: (view and date) Primary Elevation, view South March 15, 2018 'P6. Date Constructed/Age and Sources: ■historic 1954 •P7. Owner and Address: Santo Puzzo Jr. and Carol H. Frank 1110 West Sixteenth Street Santa Ana, CA 92706 •P8. Recorded by: Ivan Flores 20 Civic Center Plaza M-20 Santa Ana, CA 92702 •P9. Date Recorded: May 24, 2018 •P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey 'Attachments: ONone OLocation Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record OMilling Station Record ❑Rock Art Record OArtifact Record ❑Photograph Record O Other (list) DPR 523A (1195) =M1n-T1__N *Required information 25A-23 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 'Resource Name or #: 1-rank House B1. Historic Name: Frank House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Ranch *136. Construction History: (Construction date, alterations, and dale of alterations): Constructed February 17,1954 September 8, 1987 Reroof November 17, 1989 6 ft. block wall fence September 25, 1990 6 f. block wall fence *68. Moved? ENo UYes OUnknown Date: Original Location: *B8.Related Features: None. 139a. Designer/Architect: Cliff May/Chris Choate b. Builder: George M. Holstein & Sons *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1955 Property Type: Single -Family Residence Applicable Criteria: 5S3 (Discuss importance in terms of histodcal or architectural content as defined by theme, period, and geographic scope. Also address integrity) The Frank House is architecturally significant as a characteristic example of the Ranch style. This house was originally constructed in 1954, and was valued at approximately $9,000, according to the original building permit. The building permit indicates that George M. Holstein Ill was the builder of the residence. Holstein was a prominent builder in Southern California. He is also known for building several homes in Beverly Hills for motion picture stars. As an ardent sportsman, Mr. Holstein was a key figure in the creation of the Balboa Bay Club, the Rancho San Joqauin Golf Course, and the Newport Beach Tennis Club. The first owner of the home was John Constantine Frank who resided there with his wife, Madge L Frank, until his death. Mr. Frank was a chemical engineer by trade, and was also a partner for the business Thlnline, a furniture manufacturer. His wife, Madge I. Frank, was listed as the owner in 2000 according to subsequent research. Mrs. Frank was an artist with two pieces of art residing in the Bowers Musuem of Art permanent collection. The current owner Carol H. Frank, is the daugther of the prior owners Mr. and Mrs. Frank, has resided in the house since 1978. She was also the first female non -clerical employee at Interstate Electronics. Cliff May was a prominent designer and architect, and Southern California native who was best known for pioneering the California Ranch House. After World War 11, he was widely featured in Sunset Magazine for his California Ranch House and developed several tract homes in West Los Angeles. Mr. May was also responsible for the development of several tracts in Orange County: most notably in Anaheim, Tustin, and Garden Grove. In 1955, more than eight out of ten tract homes in the United States were designed with Cliff May as the the leading designer. George M. Holstein 111 was the primary builder of Cliff May homes in Orange County. The Frank House is the one of the remaining ten homes within Tract 1448 constructed in 1952 - all by designer Cliff May and architect Chris Choate. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (This space reserved for official comments.) (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Caroline Raftery, Chattel Inc. *Date of Evaluation: May 24, 2018 DPR 523B (1195) Sketch Map Frank House 1110 West Sixteenth Street rRA ' * V r z} t ....4 �- z• STREET. & . J9 i N0. 1448 •r] QS .Nr } .y s ® t o *Required information 25A-24 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Pane 3 of 3 Resource Name: Frank House 'Recorded by Ivan Flores `Date March 21, 2018 El Continuation ❑ Update 'B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1689, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. 1110 West Sixteenth Street is located on the northeastern edge of Washington Square, a neighborhood northwest of downtown Santa Ana bounded by North Bristol Street, North Flower Street, Civic Center Drive, and West Washington Avenue. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War Il. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes I Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in Southern California, the development of Washington Square was all but completed. The Frank House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style, and under Criterion 2 for being the work of a notable designer and architect. Character defining features of the Frank House include, but are not limited to: materials and finishes (vertical wood siding); roof configuration, materials, and treatment (overhanging eaves, exposed rafters); massing and composition; and fenestration (triangular windows, single -light and fixed windows).Additionally, the house has been categorized as'Key"because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a unique example of period architecture,"representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). "1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. 'How to Complete the National Register Registration Form." Washington DC. National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register, Los Angeles Times) Historic Maps, Santa Ana History Room, 191 Z 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 25A-25 REQUEST FOR Historic Resources Commission Action to • -• •• I:Vti '• •' MAY 24, 2018 TITLE: z PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-52, HISTORIC REGISTER CATEGORIZATION NO.2017-51, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO.2017-56 FOR PROPERTY LOCATED AT 1615 NORTH FREEMAN STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Manuel J. Escamilla APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning MaTager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-52 and Historic Register Categorization No. 2017-51 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eric W. Wittman, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Eric W. Wittman is requesting approval to designate an existing residence located at 1615 North Freeman Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,760 square foot, Ranch style residence and detached garage on a 6,276 square foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In August 1998, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in EXHIBIT B2 25A-27 HRCA No. 2017-52, HRC No. 2017-51 HPPA No. 2017-56 May 24, 2018 Page 2 Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 67 years old. No known code violations exist on record for this property. The property, recognized as the Boyle House, has distinctive architectural features of the Ranch style, and was built in 1951 by J. H. Russell. Character defining features of the Boyle House that should be preserved include, but may not be limited to: materials and finishes (stucco, brick, and wood cladding); roof configuration and eave detailing; massing (single -story); fenestration (multi -light wood windows); porch; and architectural details. It is recommended that the house be designated to the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, it is recommended that the house be categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood, and, as an intact example of Ranch style in the Washington Square neighborhood, "is a good example of period archtecture" (Exhibit 3). Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Washington Square Neighborhood and the president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the 25A-28 ice' HRCA No. 2017-52, HPPA No. 2017-56 May 24, 2018 Page 3 HRC No. 2017-51 project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2018-57 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Exhibits: 1. Resolution 2. Mills Act Agreement 3. 500' Radius Map 25A-29 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-52 TO PLACE THE PROPERTY LOCATED AT 1615 N. FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-51 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 24, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-52) and categorization (Historic Resources Commission Categorization No. 2017- 51) of the Boyle House located at 1615 N. Freeman Street, Santa Ana. B. The Boyle House has distinctive architectural features of the Ranch style, and was built in 1951 by J. H. Russell. C. This Boyle House qualifies for listing on the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, it qualifies for categorization as "Contributive" because it 'contributes to the overall character and history" of the Washington Square neighborhood and "is a good examle of period architecture." Character defining features of the Boyle House that should be preserved include, but may not be limited to: materials and finishes (stucco, accent brick work, and wood cladding); roof configuration and eave detailing; massing (single -story); fenestration (multi -light fixed and double -hung wood windows); porch; and architectural details. D. The legal owner of the property is Eric W. Wittman. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. EXHIBIT 1 25A-30 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 (Categorical Exemption No. ER-2018-57), as these actions are designed to preserve historic resources. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-52 to place the Boyle House located at 1615 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-51 placing the Boyle House located at 1615 North Freeman Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25A-31 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission mem 1►to] : . u u M79T, I u u ABSTAIN: Commission mem NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25A-32 Exhibit A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-313-03 1615 North Freeman LOT 14 OF TRACT NO. 1228, Eric W. Wittman Street IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25A-33 EXECUTIVE SUMMARY Boyle House 1615 North Freeman Street Santa Ana, CA 92706 NAME Boyle House REF. NO. ADDRESS 1615 North Freeman Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1951 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication M Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dovecotes and bird houses. SUMMARY/CONCLUSION: The Boyle House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and, as an intact example of Ranch style architecture in the Washington Square neighborhood, "is a good example of period architecture" (Santa Ana Municipal Code Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT B1 25A-34 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: May 24, 2018 *c. Address 1615 N. Freeman Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 405-313-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Boyle House is a one-story single-family residential building constructed in 1951 in the Ranch style. The building has a cross -gable roof with a moderate pitch that extends over the driveway to the south, creating a porte cochere. Exterior features along front elevation include a generally stucco -clad exterior with vertical flush wood cladding with dog ears and triangular faux dovecotes in the gable ends and a horizontal lapped wood siding -clad water table, and exposed rafter tails with minimal eave overhang. Additionally, a brick chimney, a canted bay with brick water table, and a partial width front porch are also visible on the primary elevation. Fenestration includes two double hung bay windows on both sides of a larger central fixed window set within the canted bay, as welt as a large multi -light fixed window situated behind the porch. The porch and porte cochere are supported by simple square wood posts atop brick piers. A detached garage at the rear of the property has been converted into a workshop. The house appears intact to its 1951 date of construction, and is in good condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) Front Elevation February 2018 *P6. Date Constructed/Age and Sources: ■historic 1951 *P7. Owner and Address: Eric W. Wittman 1615 N. Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Manuel J. Escamilla 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P10. Survey Type: Intensive Survey *Pit. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ONone OLocation Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifact Record []Photograph Record ❑ Other (list) DPR 523A(1/95) *Required information EXHIBIT B2 25A-35 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Boyle House 131. Historic Name: Boyle House 82. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *B5. Architectural Style: Ranch *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951 Constructed in 1951. October 3, 1960. Swimming pool addition. February 10, 1989. Legalized garage Workshop conversion. April 13, 2009. Filled in pool. *B7. MovedTNNo OYes []Unknown Date: Original Location: *B8. Related Features: None. 89a. Architect: Unknown b. Builder: J. H. Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1951 Property Type: Single -Family Residence Applicable Criteria: 0 (Discuss importance in terms of historical or architectural context as defined by theme, pedod, and geographic scope. Also address integrity) The Boyle House is significant as a representative example of a Ranch style residential building house from the middle decades of the twentieth century in Santa Ana. The address first appears in the 1954 Santa Ana Directory with W. Lyle Boyle listed as the owner, and Mrs. Geraldine Boyle also living at the residence. Mr. Boyle was a civil engineer. Mr. Boyle filed for a pool permit in 1960. The 1962 directory indicates that Geraldine Boyle had become the head of household, suggesting that Mr. Boyle passed between 1960-1962. In 2006 the home was sold to Raymond and Maria Braun. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12.References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Brian Matuk/Chattel, Inc. *Date of Evaluation: May 24, 2018 (This space reserved for official comments.) DPR 523E (1195) Sketch Map Boyle House 1615 North Freeman Street TRACT Sa 5 O Oa v C% ss a E a E r e i O e :•�roo• as a a 6 0 CJ r0 u *Required information 25A-36 *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Boyle House is located in Washington Square, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Civic Center Drive, and Bristol Street. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War ll. During the 1930s, many of the homes were built by local contractor Emmett Rogers; who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Boyle House qualities for listing in the Santa Ana Register of Historical Properties as a representative example of the characteristics of the Ranch style including the cross -gable roof with a moderate pitch, vertical flush wood cladding in the gable ends (some with dog ears), shallow eaves with exposed rafter tails, single -story form, multi -light fixed and double - hung windows, as well as accent brickwork at the canted bay and piers supporting the porch and porte cochere. Character - defining exterior features of the Boyle House include, but may not be limited to: wood cladding,, roof configuration; massing; windows; porch; and architectural details such as exposed rafter tails and triangular faux dovecotes, and accent brickwork. *512. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancesttycom Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 25A-37 REQUEST FOR Historic Resources Commission Action FASTORIC RESOURCES CON&ISSIONMEErNG DATE MAY 24, 2018 TITLE: 0 HISTORIC RESOURCES COMMISSION SECRETARY PUBLIC HEARING — HISTORIC RESOURCE; COMMISSION APPLICATION NO. 2617-54, HISTORIC REGISTER CATEGORIZATION NO.2017-53, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-58 FOR PROPERTY LOCATED AT 1815 NORTH HELIOTROPE DRIVE {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Pedro Gomez 71�9� -) Executive Director RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning Ma ager 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-54 and Historic Register Categorization No. 2017-53 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Randy J. and Maria G. Hamilton, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Randy J. and Maria G. Hamilton are requesting approval to designate an existing residence located at 1815 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Protect Location and Site Description The subject property is located on the southeast corner of North Heliotrope Drive and West Nineteenth Street in the Floral Park neighborhood. The site consists of a 3,606-square-foot, Art Moderne style residence and detached garage on a 10,500-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In August 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B3 25A-39 HRCA No. 2017-54, HRC No. 2017-53 HPPA No. 2017-58 May 24, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties, pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 81 years old and is a good example of period architecture. The property, recognized as the Amling House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Art Modeme style. The residence was built in 1937 by Allison C. Honer, a notable developer and prominent local builder credited as the subdivider and builder of a major portion of northwest Santa Ana. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco style Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. The first known residents of the Amling House were Ernst C. Amling and Lydia S. Amling. Mr. Amling owned and operated a wholesale flower nursery business called Amling Bros., which was relocated from Chicago to Santa Ana in 1921. He operated his greenhouses from a 10.5-acre property located on West Fifth Street, while his brother, Paul F. Amling, operated a similar group of greenhouses near Chicago, Illinois. Roses grown in Santa Ana were shipped to all parts of California, Mexico, Texas, Arizona and Utah. Along with Tom Wright, Ernst Amling is recognized as one of many pioneers and founding members of the organization that would ultimately be known as "The Original Los Angeles Flower Market," which was founded in 1919 as the "American Florists' Exchange." The Amling House's massing suggests a simple cubic form, reflective of the emerging International Style of architecture, with projections at the first and second stories. Asymmetrical in design, the Amling House exhibits a low -pitch hipped roof, with a single gable -on -hip, and little to no eave overhangs. Horizontality is emphasized by the second story horizontal scoring in the smooth stucco finish wall, along the north and west elevations. In addition, the first and second story are delineated by decorative horizontal stringcourses, running along the north and west elevations. The first -story exterior exhibits a white smooth stucco finish, with minimal architectural detailing, including scalloped fascia, curved walls that flank the recessed entry, and a radial entry overhang. The property is landscaped with several young trees, lawn, low vegetation, simple front walkway, a hedge separating the property from the parcel to south, and a contemporary fountain installed in 2008. Character -defining features of the Amling house that should be preserved include, but may not be limited to: materials and finishes (smooth stucco); low -pitch hipped roof; cubic form and massing with projections; horizontal scoring and stringcourse; curved walls at entry; radial entry overhang, and speedline-sash double -hung wood windows. 25A-40 HRCA No. 2017-54, HRC No. 2017-53 HPPA No. 2017-58 May 24, 2018 Page 3 The Amling House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Modeme style; and Criterion 4, for its association with developer and local builder Allison C. Honer. Additionally, the house has been categorized as "Key" for its °distinctive architectural style and quality," embodying the massing, materials, and detailing of Art Modeme design; for its "association with a significant period in the history of the city," namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant person," Allison C. Honer. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 25A-41 HRCA No. 2017-54, HRC No. 2017-53 HPPA No. 2017-58 May 24, 2018 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-55 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). PG:sb S:WRM201815-24-1811815 N. Heliotrope Drive (AmGng House)11815 N. Heliotrope Drive —Staff Report Exhibits 1. - Resolution 2. - Mills Act Agreement 3. - 500' Radius Map 25A-42 RESOLUTION NO.2018-xxx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-54 TO PLACE THE PROPERTY LOCATED AT 1815 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-53 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 24 , 2018, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-54) and categorization (Historic Resources Commission Categorization No. 2017- 53) of the Amling House located at 1815 North Heliotrope Drive, Santa Ana. B. The Amling House has distinctive architectural features of the Art Moderne style, and was built in 1937 by Allison C. Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key' for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Art Moderne design; for its "association with a significant period in the history of the city', namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant person", Allison C. Honer. Character defining features of the Amling House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco); low -pitch hipped roof; cubic form and massing with projections; horizontal scoring and stringcourse; curved walls at entry; radial entry overhang, and speedline-sash double -hung wood windows. D. The legal owners of the property are Randy J. Hamilton and Maria G. Hamilton. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. EXHIBIT 1 25A-43 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-55 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-54 to place the Amling House located at 1815 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-53 placing the Amling House located at 1815 North Heliotrope Drive, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 24rh day of May 2018. Alberta Christy, Chairperson 25A-44 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission m CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xxx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 24, 2018. Date: Commission Secretary City of Santa Ana 25A-45 EXECUTIVE SUMMARY Amling House 1815 North Heliotrope Drive Santa Ana, CA 92706 NAME Amling House REF. NO. ADDRESS 1815 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1, 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication X Unrestricted ❑ Prehistoric X Historic ❑ Both ARCHITECTURAL STYLE: Moderne The Moderns style encompassed the Modernistic, Streamline Moderne, and Art Modeme variants. An evolution of the Art Moderns style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Moderne designs, the Streamline Moderne and Art Moderns substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi -light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderns, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderns designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. The Amling House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne variant of the Moderne style; and Criterion 4, for its assocation with Allison C. Honer. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Art Moderne design; and "association with a significant person", Allison C. Honer (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B1 25A-46 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Nat for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 1815 North Heliotrope Drive City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002-092-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a comer property in Floral Park, the Amling House is a two-story single-family residence, representative of the Art Moderns, variant of the Moderns style. The massing of the structure suggests a simple cubic form, which reflects the influence of the emerging International Style of architecture, with projections at the first and second stories. Asymmetrical in design, the Amling House exhibits a low -pitch hipped roof, with a single gable -on -hip, and little to no eave overhangs. Horizontality is emphasized by the second story horizontal scoring in the smooth stucco finish wall, along the north and west elevations. In addition, the first and second story are delineated by decorative horizontal stringcourses, running along the north and west elevations. The first -story exterior exhibits a white smooth stucco finish, with minimal architectural detailing, including scalloped fascia, curved walls that (lank the recessed entry, and a radial entry overhang. The house incorporates a series of speedline-sash double -hung wood windows of varying sizes along each elevation. A prominent chimney is centered along the north elevation and finished in a smooth white stucco, exhibiting similar horizontal scoring as the general exterior of the house. The property is landscaped with several young trees, a lawn, low vegetation and simple walkway at the front setback, with a hedge separating the property from the property to the south, and a contemporary fountain installed by 2008. The driveway is located along the north elevation and leads to a detached, one-story, hipped roof, three -car garage, built at the same time as the Amling House. Overall, the Amling House displays strong horizontal emphasis, and minimal, yet distinct, ornamentation that embodies the Art Moderns, style. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object OSite ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation, view east April 2018 *P6. Date Constructed/Age and Sources: uhistoric 19371 City of Santa Ana Building Permits *P7. Owner and Address: RandyJ. and Maria G. Hamilton 1815 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record ❑Photograph Record O Other (Its &HIBIT B2 DPR 523A (1195) *Required information 25A-47 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 B1. B2. B3. *B5. *B6. *Resource Name or #: Amling House Historic Name: Amling House Common Name: Same Original Use: Single -Family Residence Architectural Style: ArtModerne B4. Present Use: Single -Family Residence Construction History: (Construction date, alterations, and date of alterations): Constructed 1937 April 24, 1985. Enclosure Patio. May 11, 1987. Reroof House. May 12, 1987. Remodel Kitchen. March 24, 1989. Open Patio Cover. April 2, 2008. Construct 6-foot high block wall. July 3, 2008. In -ground pool and spa. *B7. Moved? ENo OYes f]Unknown Date: Original location: *B8. Related Features: None. 139a. Architect: Unknown b. Builder: Allison C. Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single -Family Residence Applicable Criteria: All, C13 (Discuss importance in terns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Amling House is architecturally significant for its highly characteristic Art Moderne style and significanct for its association with notable developer and prominent local builder, Allison C. Honer (1897-1981). Credited as the subdivider and builder of a major portion of northwest Santa Ana, Honer arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353- 356). The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco style Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. According to city directories, the first known residents of the Amling House were Ernst C. Amling and Lydia S. Amling. Mr. Amling was born on August 19, 1888, in Maywood Illinois, while Mrs. Amling (previously Hinz) was born on March 12, 1890, in Sheboygan, Wisconsin. Along with his brothers, Ernst C. Amling owned and operated a wholesale flower nursery business called Amling Bros., which was relocated from Chicago to Santa Ana in 1921. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Brian Matuk/Chattel, Inc. *Date of Evaluation: May 24, 2018 (This space reserved for official comments.) Sketd�""OpAmfing "Heliotrope ne snerzr a ---_----- ^_--__---_ DPR 523B (1195) 25A-48 *Required information *B10. Significance (continued): Ernst C. Amling operated his greenhouses from a 10.5-acre property located on West Fifth Street, while his brother, Paul F. Amling, operated a similar group of greenhouses near Chicago. The Amling Bros. refused all retail business and only sold to wholesale dealers. The Amling roses grown in Santa Ana were shipped to all parts of California, Mexico, Texas, Arizona and Utah. Along with Tom Wright, Ernst C. Amling is recognized as one of the many pioneers and founding members of the organization that would ultimately be known as "The Original Los Angeles Flower Market" which was founded in 1919 as the 'American Florists' Exchange". The group officially incorporated themselves as 'The Los Angeles Flower Market" in 1921. In 1933, Ernst C. Amling and his brother, Albert J. Amling, were the first Californians to apply for a rose patent. They were granted a patent for their Red -Talisman Rose. Mr. Amling was passed away on August 27, 1957, four years after retiring. Mrs. Amling remained in the Amling House until her passing in 1985. The Amling House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic sty/es was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War Il years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Amling House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne style; and Criterion 4, for its association with developer and local builder Allison C. Honer. Additionally, the house has been categorized as Key"for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Art Moderne design; for its "association with a significant period in the history of the city" namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and 'association with a significant person" Allison C. Honer. Character defining features of the Amling House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco); low -pitch hipped roof, cubic form and massing with projections; horizontal scoring and stringcourse; curved walls at entry; radial entry overhang, and speedline-sash double -hung wood windows. *B12. References (continued): "Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 "History of Floral Park." http://www.floral-park.com/page2.htm/. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A. Knopf, 1964. *National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Register Branch, National Park Service, US Dept. of the Interior, 1991. Ridgway, P., 8 Works, J. (2008). Sending Flowers to America: Stories of The Los Angeles Flower Market and the People Santa Ana and Orange County Directories, 1947-1962. Who Built an American Floral Industry. Peggi Ridgway. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. 25A-49 REQUEST FOR . Historic Resources Commission Action HS 111CRESDURCESCOMMISSIONIV E GDATE MAY 24, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-65, HISTORIC REGISTER CATEGORIZATION NO.2017-64, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-67 FOR THE PROPERTY LOCATED AT 2377 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Ricardo Soto APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO � �Fc�cCoG •clr �� Executive Director Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-65 and Historic Register Categorization No. 2017-64 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Mark Phillip Delgado and Marilyn Bemaudo Delgado, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2) Request of Applicant Mark Phillip Delgado and Marilyn Bernaudo Delgado are requesting approval to designate an existing residence located at 2377 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Protect Location and Site Description The subject property is located on the east side of North Flower Street and consists of a one-story, 1,684-square-foot single-family residence with an attached garage constructed in the Minimal Traditional style on a 7,200-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listino In August 1998, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic EXHIBIT B4 25A-51 HRCA No. 2017-65, HRC No. 2017-64 HPPA No. 2017-67 May 24, 2018 Page 2 Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 81 years old. No known code violations exist on record for this property. The property, recognized as the A. & M. Wagner House, has distinctive architectural features of the Minimal Traditional style, and was built in 1937 by Wesley Famey. Character defining features of the A. & M. Wagner House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood cladding); massing (one-story, asymmetrical); roof configuration and eave detailing; fenestration (multi -light hung wood windows); brick chimney; modest porch and architectural detailing. It is recommended that the house be designated to the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, it is recommended that the house be categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of Minimal Traditional style in the Floral Pak neighborhood, "is a good example of period architecture" (Exhibit 3). Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property 25A-52 HRCA No. 2017-65, HRC No. 2017-64 HPPA No. 2017-67 May 24, 2018 Page 3 The property has no identified unauthorized modifications and is preserved in near its original condition. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Comoliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2017-159 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ricr6rdo Soto Associate Planner Exhibits: 1. Resolution 2. Mills Act Agreement 3.500' Radius Map 25A-53 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-65 TO PLACE THE PROPERTY LOCATED AT 2377 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-64 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 24, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-65) and categorization (Historic Resources Commission Categorization No. 2017- 64) of the property located at 2377 North Flower Street, Santa Ana. B. The A. & M. Wagner House has distinctive architectural features of the Minimal Traditional style, and was built in 1937 by Wesley Farney. C. The A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, it qualifies for categorization as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture." Character defining features of the A. & M. Wagner House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood cladding); massing (one-story, asymmetrical); roof configuration and eave detailing; fenestration (multi - light hung wood windows); brick chimney; modest porch and architectural detailing. D. The legal owners of this property are Mark Phillip Delgado and Marilyn Bernaudo Delgado. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. EXHIBIT 1 25A-54 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2017-159 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-65 to place the house located at 2377 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-64 to place the house located at 2377 North Flower Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for approval of placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25A-55 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission mem ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25A-56 WA:10111 0 ►T/ 4&111 iTi I ►Ti F.&Y1 A. & M. Wagner House 2377 North Flower Street Santa Ana, CA 92706 NAME A. & M. Wagner House REF. NO. ADDRESS 2377 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: N/A HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, the house has been categorized as "Contributive" because it "contribute to the overall character and history" of the Floral Park neighborhood and, as an intact example of Minimal Traditional style in the Floral Park neighborhood, "is a good example of period architecture" (Santa Ana Municipal Code Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) C/3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B1 25A-57 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Page 1 of 4 Resource name(s) or number f Primary HRI # Trinomial NRHP Status Code Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: *c. Address 2377 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on the east side of North Flower Street, the property at 2377 North Flower Street is constructed in the Minimal Traditional style of architecture. The building is a one story, single-family residence with an asymmetrical composition, and a cross -gabled intermediate pitched roof. The roof has little to no eaves along the gables and minimal eaves along the rafter ends. The roof is clad in contemporary asphalt shingle roofing. The primary, west, elevation is dominated by a front -gabled wing with symmetrical fenestration. A brick chimney is located at the north elevation near the front of the residence and is slightly taller than the top of the front facing gable. The exterior of the building is clad in stucco, with horizontal siding at the front gable, with decorative scallops abutting the stucco. The primary elevation features several wood, two -over -two speedline sash hung windows. The primary entry faces a south-west direction and is set back from the front -gabled wing and is sheltered by a small porch. A poured concrete driveway on the southern portion of the property leads to an attached garage located at the southeast corner of the parcel. The property is landscaped with a lawn, low vegetation, and a mature pine tree. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo *P11. Report Citation: None. P5b. Photo: (view and date) West elevation, view northeast December 28, 2017 *P6. Date Constructed/Age and Sources: ■historic 1937/Cityof Santa Ana Building Permit card *P7. Owner and Address: Mark Phillip Delgado and Marilyn Bernaudo Delgado 2377 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P10. Survey Type: Intensive Survey Update *Attachments: []None []Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock ArtRecord []Artifact Record ❑Photograph Record [] Other(list) EXHIBIT B2 25A-58 DPR 523A (1195) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or#: A. & M. Wagner House 131. Historic Name: A. & M. Wagner House 132. Common Name: Same 133. Original Use: Single -Family Residence 134. Present Use: Single -Family Residence *B5. Architectural Style: Other. Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): Constructed August 24, 1937. $5,500. July 20, 1943. Add. to garage by Bright Bros. & Love for J.O. Gullage, owner. $200. March 4, 1946. Fix, for S. Shulman by W.M. Runge. $80. November 10, 1965. W/H by Earl's Plbg. December 5, 1973. Repair dry rot damage to rear wall & bath floor for G. Randal by Ronald E. Lawson. $1,000. December 7, 1973. 1 underground conduit repair by Grimes Elect. December 26, 1973. 2 fixt., 1 alt. or repair of drainage -vent piping by Alpha Omega Plbg. November 16, 1988. Reroof w/o tear off. *137. Moved? ENo DYes OUnknown Date: Original Location: *B6. Related Features: None. B9a. Architect: Unknown b. Builder: WesleyFarney *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) This house was originally constructed in 1937, and was valued at approximately $5,500, according to the original building permit. At the time of its construction, the listed property owner and builder was Wesley Famey,a contractor, inventor, and member of the Santa Ana Junior Chamber of Commerce. Mr. Farney's notable construction works in Santa Ana include the Second Baptist church on Second Street and the residence of notable Santa Ana businessman Dale Deckert, located at 1019 North Towner Street. (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann *Date of Evaluation: December 28, 2017 A. & M. Wagner House 2377 North Flower Street s4 S73 a: F O La \ �6 I6 3 u44 vI0 r IS \h. 19 33 SS 33 A \ r ? 10 10 a 12 13 i a 10, 'a NO. 754 FLOBER 25A-59 DPR 523A (1195) *B10. Significance (continued): *Required infonnation While Mr. Farney was listed as owner and builder of the residence, no evidence supports him ever living at the site. The first recorded residents of the home, according to the 1940 city directory, are Arthur S. and Mabel J. Wagner. Mr. and Mrs. Wagner were members of the Ebell Club, and held numerous bridge games and modern literature readings at the home. The next recorded occupant according to the 1950 city directory is Henry C. Houston. W.F. Burroughs is the next recorded occupant according to the 1962 city directory. According to the grant deed, Barbara K. Bruce squired the property in late 1962 and, according to oral history provided by the applicant, resided at the proprty for ten years. Then, according to the 1979 city directory, Jorge Montalto occupied the residence. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The A.& M. Wagner House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each"(Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Minimal Traditional style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood, and, as a modest intact example of the Minimal Traditional style in the Floral Park neighborhood, "is a good example of period architecture. " Character denting features of the A.& M. Wagner House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood cladding); massing (one-story, asymmetrical); roof configuration and eave detailing; fenestration (multi -light hung wood windows); brick chimney; modest porch and architectural detailing. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. an Illustrated History Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC.' National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) 25A-60 Historic Maps, Santa Ana History Room, 191 Z 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. Bruce, Joe. (2017, April29). Personal interview (Delgado). 25A-61 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH HCI ENVIRONMENTAL & ENGINEERING SERVICE FOR POLICE DEPARTMENT FIRING RANGE CLEANING (STRATEGIC PLAN NO. 1, 3A) �l CI Y MANAGER 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 Authorize the City Manager and Clerk of the Council to execute a three-year agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement, for the period of July 1, 2018, through June 30, 2021, in an amount not to exceed $204,518, which includes a 10 percent contingency ($18,593), subject to non -substantive changes approved by the City Manager and City Attorney. The Police Department firing range regularly accumulates large amounts of lead due to range training, which is conducted on a monthly basis. As a result, the firing range requires regular cleaning by certified hazardous materials removal companies to ensure the safety of Police Department personnel. On October 23, 2017, the Police Department issued RFP #17-129 to select a vendor for a new three-year agreement. Eight contractors attended the mandatory job walk, and on November 1, 2017 four proposals were received. An evaluation committee comprised of Training Division staff evaluated and rated each proposal. The scoring for each proposal is as follows: Firm Location Score HCI Environmental & Engineering Corona, CA 295 A&V Contractors Fullerton, CA 190 ERC Inc Anaheim, CA 105 ATI Orange, CA 96 The Police Department is recommending the City enter into a three-year agreement with HCI Environmental & Engineering Services. HCI possesses the required environmental certifications and has performed projects of similar size and scope. HCI will clean the upper range years 1 thru3, and clean the lower range, which receives less use, during year 2. HCI will also be 25B-1 Agreement for Police June 19, 2018 Page 2 Firing Range Cleaning Services responsible for replacing and disposing of the range filters on a quarterly basis. The Police Department will provide the filters to save costs. This agreement includes a 10 percent contingency for unanticipated work. Costs for Years 1-3 are as follows: Base 10% Contin enc Subtotal Year 1 $68,480 $6,848 $75,328 Year 2 $48,965 $4,897 $53,862 Year 3 $68,480 $6,848 $75,328 $185,925 $18,593 $204,518 STRATEGIC PLAN ALIGNMNET Approval of this item allows 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 services efficiently and effectively). FISCAL IMPACT Funds for this agreement are available in the Police Department Training Contract Services account (no. 01114410 62300) for the following fiscal years: FY 2018-19 $75,328 FY 2019-20 $53,862 FY 2020-21 $75.328 $204,518 a entin Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez valo„eo� Executive Director Finance and Management Services Agency Exhibit: 1. Agreement with HCI Environmental & Engineering Service 25B-2 AGREEMENT WITH HCI ENVIRONMENTAL FOR GUN RANGE CLEANING SERVICES THIS AGREEMENT is made and entered into this 19' day of June, 2018 by and between HCI Environmental & Engineering Services, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing services for indoor gun range cleaning and circulation system filter services. B. Consultant provided proposals dated April 26 and May 4, 2018, related to these services. The proposals are identified and attached hereto as Exhibit A, and are incorporated by reference to this Agreement. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $204,518. The sum of this amount includes the base amount of $185,925 for services and a 10% contingency amount of $18,593-for additional services to be performed at the sole discretion of the City. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 25B-3 This Agreement shall commence on July 1, 2018, and continue for a three (3) year term until June 30, 2021, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25B-4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of S 25B-5 Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant 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. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of temunation. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Page 4 of 8 r the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Page 5 of 8 25B-7 signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERDIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 8 r 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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. Should any terms within the exhibits conflict with the terms of this Agreement, the terms of the Agreement shall control. 21. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: David Valentin Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax:714-245-8190 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 8 25B-9 To Consultant: HCI Environmental & Engineering Services 114 Business Center Drive Corona, CA 92880 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 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. 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�� Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David Valentin Chief of Police CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: Page 8 of 8 25B-10 EXHIBIT A SCOPE OF SERVICES and COMPENSATION 25B-11 HCI Environmental & Engineering Service A -GENERAL ENGINEERING STATE CONTRACTORS HCI CA 788216 • NV 0075367 'One Solution for All Your Environmental Needs" GSA Advantage Contract Number: GS-10E-0334Y Visit us on the web at wwwACIENV.com 800.988.4424 •1nt�` HAZMAT TEAM May 4, 2018 Commander Mat Sorenson Exhibit A - Proposals dated Santa Ana Police Department May 4 and April 26, 2018 60 Civic Center Plaza Santa Ana, CA 92702 Office: 714.245.8051 msorenson@santa-ana.org Re: Proposal dated, May 4, 2018 "...R&R Lead Contaminated Filters In Range Ventilation System." Location 60 Civic Center Plaza Santa Ana, CA 92702 HCI Environmental & Engineering Service Project No: HCI-054-18-DH Dear Mat, HCI Environmental & Engineering Service Is pleased to submit the following proposal to R&R Lead Contaminated Filters in Firing Range Ventilation System located in Santa Ana, CA Scone of Work: • HCI Environmental to provide lead certified workers and equipment; • Post lead warning signage and set up containment area with 6 mil poly plastic and seal all critical barriers; • Remove lead contaminated filters in firing range ventilation system units and seal in 6mil poly bags; • Containerize 6 mil poly bags in UN approved Tri-Wall boxes for transportation/disposal; • Install new Pre and Post filters in firing range ventilation system units as required; • Manifest, label, profile, transport and dispose of all lead contaminated filters/debris in U.N. approved containers to State and Federally regulated disposal facility (TSDF). Assumptions and Caveats: • Lockout/tag out of ventilation system to be done by Santa Ana maintenance personnel; • The labor for this project will be based on Prevailing Wages; • This quote includes both upper and lower firing ranges filter R&R for period of 3 years; • This quote includes quarterly/semi-annual and annual filter change of upper range ventilation & annual filter change of lower range ventilation systems; • Replacement filters will be supplied by Santa Ana Police dept; • All proper PPE and Respiratory protection will be worn during work activities; • All lead remediation will be handled according to local, state and federal regulations; CALIFORNIA NEVADA ARIZONA Corporate Office: 114 Business Center Drive, Corona, CA 92880 800.988.4424 May 4, 2018 Santa Ana Police Department Page 2 of 3 Proposed Fees: Past due invoices are subject to an 18% per year or 1.5% per month interest rate. Thank you for providing HCI Environmental & Engineering Service with the opportunity to submit the following proposal for your review and consideration. If you have any questions or need any additional information, please do not hesitate to contact me directly at your earliest convenience. HCI Environmental & Engineering Service Sincerely, Dan Hackney Environmental Construction Division 25B-13 ENVIRONMENTAL a HAZMAT TEAM May 4, 2018 Santa Ana Police Department Page 3 of 3 By: Print: Title: Firm: Address: HCl Environmental & Engineering Service A -GENERAL ENGINEERING STATE CONTRACTORS CA 788216 • NV 0075367 'One Solution for All Your Environmental Needs" GSA Advantage Contract Number. GS-10E-0334Y Visit us on the web at w .HC1ENV.com 800.988A424 AUTHORIZATION & ACCEPTANCE OF CONDITIONS P.O. #: Date: 'To be signed by authorized representative of Santa Ana Police Department Re: Proposal dated, May 4,2018 "...R&R Lead Contaminated Filters In Range Ventilation System." Location 60 Civic Center Plaza Santa Ana, CA 92702 HCI Environmental & Engineering Service Project No: HCI.05-4-18-DH Payment Terms: Net 30 due upon Invoicing Estimated Project Total: $92,940.00 (Ninety Two Thousand Nine Hundred Forty and 00/100 Dollars) CREEMIN7.c00 Pr000sed Fees: HCI Environmental & Engineering Service proposes to provide the referenced services as outlined on a time and material basis. The actual time in the field may change based on site conditions. The client will be billed for "actual time and materials". HCI has prepared this quote based on this contract serving as an exclusive agreement between. Santa Ana Police Dept. and HCI Environmental & Engineering Service for the period of (1) year / 12 months. In the event Santa Ana Police Dept. should choose to utilize another vendor for its environmental management, HCI reserves the right to modify its price structure. This quote Is valid for 45 days. In the event collection of an amount shall require formal action, the prevailing party shall be entitled to its' court costs and attorneys fees. Past due invoices are subject to an 18% per year or 1.5% per month interest rate. It is the responsibility of the waste generator to correctly identify the chemical composition of each pick up. If the clients proposed Disposal Facility rejects the Hazardous/Non-Hazardous waste material due to the chemical contents being incorrectly identified, the Hazardous/Non-Hazardous waste as required by law will be re -profiled and transported to the proper Disposal Facility Specifically permitted to except material. This will be at an additional cost to the client. CALIFORNIA NEVADA ARIZONA Corporate Office: 114 Business Center Drive, Corona, CA 92880 800.988.4424 ENVIRONMENTAL • & ENGINEERING HAZMAT TEAM April 26, 2018 Commander Mat Sorenson Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92702 Office: 714.245.8051 msorenson@santa-ana.org HCI Environmental & Engineering Service A -GENERAL ENGINEERING STATE CONTRACTORS CA 788216. • NV 0075367 'One Solution for All Your Environmental Needs" GSA Advantage Contract Number: GS-1 OF-0334Y Visit us on the web at ~v.HCIENV.mm 800.988.4424 Re: Proposal dated, April 26, 2018 "...Annual Lead Remediation and Cleaning of Indoor Firing Ranges." Location 60 Civic Center Plaza Santa Ana, CA 92702 HCI Environmental & Engineering Service Project No: HCI-04-20-18-DH Dear Mat, pREENIR7.00� HCI Environmental & Engineering Service is pleased to submit the following proposal for Annual Lead Mining and Cleaning of Indoor Firing Ranges located in Santa Ana, CA Scope of Work: • HCI Environmental to provide lead certified workers, supplies and equipment; • Post lead warning signage and set up containment area with 6 mil poly plastic and seal all critical barriers; • Mine spent lead fragments from granulated rubber using our proprietary range vacuums; • Containerize all lead fragments for proper recycling purposes; • Containerize all work debris for proper disposal as hazardous waste; • Return all granulated rubber to bullet trap after metals/debris have been segregated and containerized; • Replenish hopper with new granulated rubber as required; • Evenly redistribute and rake/groom granulated rubber in bullet trap area to proper slope; • HEPA vacuum range walls, flooring and ceiling baffles; • Wet wipelmop range walls and flooring, using our proprietary de -leading solution; • Manifest, label, profile, transport and dispose of all lead contaminated water/debris in U.N. approved containers to State and Federally regulated disposal facility (TSDF). Assumptions and Caveats; • We estimate the scope of work to be completed in [5) working days; • The labor for this project will be based on Prevailing Wages; • HCI Environmental will retain lead for recycling. This quote includes both firing ranges; • This 3 year quote includes annual cleaning of upper & lower ranges years 1 & 3 with year 2 cleaning of upper range only; — --=• _ All proper -PPE -and Respiratory protection will be wom during work activities; Granulated -titer will be replenished as required and billed at a rate of $50 per 50lbs bag; • All lead remediation will be handled according to local, state and federal regulations; CALIFORNIA NEVADA ARIZONA Corporate Office: 114 Business Center Drive, Corona, CA 92880 800.988.4424 April 26, 2018 Santa Ana Police Department Page 2 of 3 Proposed Fees: Past due invoices are subject to an 18% per year or 1.5% per month Interest rate. Thank you for providing HCI Environmental & Engineering Service with the opportunity to submit the following proposal for your review and consideration. If you have any questions or need any additional Information, please do not hesitate to contact me directly at your earliest convenience. HCl Environmental & Engineering Service Sincerely, Dan Hackney Environmental Construction Division 25B-16 ENVIRONMENTAL, ENGINEERING HAZMAT TEAM April 26, 2018 Santa Ana Police Department Page 3 of 3 By: Print: Title: Firm: Address: HCI Environmental & Engineering Service A -GENERAL ENGINEERING STATE CONTRACTORS CA 788216 • NV 0075367 'One Solution for All Your Environmental Needs" GSA Advantage Contract Number: GS-10E-0334Y Visit us on the web at wmv.HCIENV.com 800.988.4424 AUTHORIZATION & ACCEPTANCE OF CONDITIONS P.O. #: Date: 'To be signed by authorized representative of Santa Ana Police Department Re: Proposal dated, April 26, 2018 "...Annual Lead Remediation and Cleaning of Indoor Firing Ranges." Location 60 Civic Center Plaza Santa Ana, CA 92702 HCI Environmental & Engineering Service Project No: HCI-04.20-18-DH Payment Terms: Net 30 due upon Invoicing Estimated Project Total: $92,985.00 (Ninety Two Thousand Nine Hundred Eighty -Five and 001100 Dollars) ae^ — e CREENINT.corn Proposed Fees: HCI Environmental & Engineering Service proposes to provide the referenced services as outlined on a time and material basis. The actual time in the field may change based on site conditions. The client will be billed for "actual time and materials". HCI has prepared this quote based on this contract serving as an exclusive agreement between. Santa Ana Police Dept. and HCl Environmental & Engineering Service for the period of (1) year / 12 months. In the event Santa Ana Police Dept. should choose to utilize another vendor for its environmental management, HCI reserves the right to rtiodif :itsprice7.stri cture: This quote is valid for 45 days. In the event collection of an amount shall require formal action, the7prevailing party shall be -entitled to its' court costs and attorneys fees. Past due invoices are subject to an 18% per year or-1.5% per month interest rate. It is the responsibility of the waste generator to correctly identify the chemical composition of each pick up. If the clients proposed Disposal Facility rejects the Hazardous/Non-Hazardous waste material due to the chemical contents being incorrectly identified, the Hazardous/Non-Hazardous waste as required by law will be re -profiled and transported to the proper Disposal Facility Specifically permitted to except material. This will be at an additional cost to the client. CALIFORNIA NEVADA ARIZONA Corporate Office: 114 Business Center Drive, Corona, CA 92880 800.988.4424 25B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AMMENDMENT TO AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING SYSTEM (STRATEGIC PLAN NO. 1, 3A) o r CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a two-year amendment to the existing agreement with Linear Systems for the maintenance and support of the Digital Imaging Management System (DIMS), for the period of July 1, 2018 through June 30, 2020, in an amount not to exceed $20,000 per year for two years, plus a $10,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney. This $50,000 amount is being added to the original agreement amount of $23,000, for a total not to exceed agreement amount of $73,000. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly six -hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. The current vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system and staff recommends renewal of their agreement. The current agreement was for a one-year period in the amount of $23,000 plus a $10,000 contingency. The current agreement will be amended to extend the term for an additional two-year period at a cost of $20,000 per year, plus a $10,000 contingency for unanticipated system modifications. The total not to exceed amount of the agreement shall be $73,000, which includes $23,000 for the original agreement, the $10,000 unused contingency, and $20,000 for years two and three. The two-year term will cover the period of July 1, 2018 through June 30, 2020. 25C-1 Amendment to Agreement with Linear Systems June 19, 2018 Page 2 The Police Department has begun an extensive records management software integration that has the potential to replace the DIMS system. Until that project is complete and full integration is evaluated, the DIMS system must remain operational. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. FISCAL IMPACT Funds will be budgeted in the Police Department's Forensic Services contract services account (no. 01114455 62300) as follows: FY 2018-19 $25,000 FY 2019-20 $25,000 Total $50,000 Davib-Valerrtn Chief of Police Santa Ana Police Department Exhibit: 1. Agreement with Linear Systems APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez V1(Z(Po��i Executive Director Finance and Management Services Agency 25C-2 FIRST AMENDMENT TO MAINTENANCE AND SERVICE AGREEMENT WITH LINEAR SYSTEMS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 19, 2018, by and between Linear Systems ("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 #A-2017-152, dated July 1, 2017 ("Agreement'), by which Contractor agreed to provide maintenance to and support as necessary for the Police Departments digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department vehicle towing and storage services. B. The original term of the Agreement was from July 1, 2018 through June 30, 2018, with an option to extend the agreement for up to two (2) one-year extensions, upon a writing executed by the City Manager and the City Attorney. The Agreement is still current and in effect. C. The compensation tern of the Agreement provided for a not to exceed amount of $33,000 over the tern of the Agreement, which included the option extension periods. The sum of the original Agreement amount included $23,000 for services with a $10,000 contingency amount for services as performed under the sole direction of the City. The contingency amount was not used during the tern of the original Agreement. D. The parties wish to amend this Agreement to exercise both options and extend the term of the Agreement for an additional two (2) years. The parties also wish to increase the overall compensation to reflect costs for services rendered by the Contractor for the extended term. The Parties therefore agree: Section 2, Compensation, is amended to increase the yearly amount for services for the additional two (2) years at $20,000 a year or $40,000 for the remaining two (2) years of the Agreement. A revised rate sheet is attached as Exhibit A-1, attached hereto and incorporated by reference. A contingency amount of $10,000, not utilized during the first year of the Agreement, shall remain for services performed by the Contractor at the sole discretion of the City. The total not to exceed amount for the Agreement shall be $73,000. The sum is comprised of the base amount of $63,000, over the entire tern of the Agreement plus the $10,000 contingency. 2. Section 3, Term, is amended to increase the term of the Agreement for an additional two (2) years and continue through June 30, 2020. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Pagel of2 25C-3 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. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City ttomey B NjAwf'— TAMARA BOGOSIAN Assistant City Attorney FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA RAUL GODINEZ II City Manager CK�]►i11�7t � : Name: Title: Page 2 of 2 25C-4 Exhibit A-1 Santa Ana Police Department DIMS Annual Support Contract (2 Years) W44019 1:49 FaI Equipment PAare Quanta/ Unit "endedS Total eigltal/nJomradon A/anagenents)trlem Salutbn S<n_tt - ��-��-------- S20,OW.00 Ilannsare Maintenance& Support Agreement sc1 WO.M00 Linear I year on -site maintenance & support for Database Cue Management Rack Server I S1,500.00 $1,500.00 Linear Systems l year onsite#LS6200XR DIMS CMS 49.0TB 9072001125 1 S4.000.00 $4.000.00 Linear Systems l year onsite#LS600XR DIMS (RNSS) 48.OTB#072001126 1 S3,000.00 $3,000.00 Linear Systems l year onsite NLS6200XR DIMS(Failsafe RNSS) 48.0TB F072001127 1 $2,500.00 S2,500.00 Linear Systems onsite%armnty for iarkstation 2 S500.00 SI,000.00 Linear System I year depot warranty for Linear Systems 4LS-125 DIMS Acquire Station 4 S450.00 S1,800.00 #07201138.907201139,9072001140,0072001141 Linear Systems 1 year Software telephone support ssith version upgrades 1 $3,700.00 S3,700.00 Linear I year on -site mainenonce & support for Digital Output Devices 1 $2,500.00 S2,500.00 ••• Warranty to Cover From 7/1/2018 through 002019' •• ware Malnlenance& Support Agreement ®j Linear 1 year on -site maintenance & support for Database Case Management Rack Server 1 $1,500.00 $1.500.00 Linear Systems 1 year onsite #LS6200XR DIMS CMS 48.OTB 9072001125 1 S4,000.00 S4,000.00 Linear Systems I year nature BLS600XR DIMS (RNSS) 48.0TB 0072001126 1 $3,000.00 S3,000.00 Linear Systems 1 year onsite #LS6200XR DIMS (Failsafe RNSS) 48.0TB #072001127 1 $2,500.00 $2,500.00 Linear Systems onsite warranty for workstation 2 SSOO.00 S1,000.00 Linear Systems 1 year depot warranty for Linear Systems #LS-125 DIMS Acquire Station 4 $450.00 $1,800.00 #07201138,#07201139,#072001140,#072001141 Linear Systents 1 year SoRsvare telephone support %vhb version upgrades I S3,700.00 $3.700.00 Linear 1 year on -site nteimenance & support for Digital Output Devices I S2,500.00 $2,500.00 No Emors & Omissions Coverage No $0.00 Subtotal _ _ E40.000.00 Sales Tar 05,'e' Woo Shipping BAS0.00 440,0000 1 ••The payment for each year can he made as annual installments for each maintenance period. 33near Systems, Inc. Rancho Cucamonga, CA 909-8994345 909-8994346 fax m LINEAR SYSTEMS Lim, ENFORCEMENT <- DIVISION Valid until: 1222018 9.aas.. Jolumy Ncntsch Terms: N-30 nw JonnnNatmez,snmmvicem Ship Via: Truck GSA #: GS-3SF-047A 25C-5 25C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH SERCO INC. TO PROVIDE PARKING ENFORCEMENT SERVICES FOR THE POLICE DEPARTMENT {SP N NO. 1, 5} T� i MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a two-year agreement for the period of July 1, 2018 through June 30, 2020, with the option of three (3) one-year extensions, with Serco Inc. for parking enforcement services in the amount of $1,324,780.16, including a 10 percent ($120,434.56) contingency, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department Traffic Division provides. parking enforcement services using a combination of full-time and part-time City parking enforcement personnel and contract personnel. The current parking enforcement contract provides parking enforcement personnel to enforce street sweeping violations, and other selective parking enforcement needs. Currently, there are eight street sweeping routes, which requires eight parking control officers. In addition, four parking control officers will enforce various municipal code parking violations, including nighttime permit parking enforcement. The proposed annual billable hours for this program is 1,920 hours for a parking control supervisor and 17,080 hours for parking control officers. On April 10, 2018, the Police Department issued a request for proposals (RFP #18-033) for parking enforcement services. On April 24, 2018, a pre -proposal meeting was conducted, and on May 8, 2018, the City received proposals from two firms. SP Plus and Serco Inc. each submitted proposals for consideration. An evaluation committee consisting of representatives from the Santa Ana Police Department Traffic Division and the City's Public Works Agency reviewed and rated the two proposals. The proposals were evaluated according to Responsiveness to RFP (40%), Experience of Firm and Personnel (30%), and Cost of Proposal (30%), as stated in the RFP. The results of the RFP evaluation process in its entirety are as follows: Vendor Score Serco Inc. 463 - 93 % SP Plus 415 - 83 % 500 oint m LSLJ-"I Agreement with Serco Inc. for Parking Enforcement Services June 19, 2018 Page 2 The Police Department proposes to enter into a two-year agreement with Serco Inc. with the option to extend the agreement with three (3) one-year extensions. Serco has been providing parking enforcement services since 1988, and has current contracts with the cities of Inglewood, West Hollywood, and Palo Alto. Serco provides parking enforcement services 24 hours a day using an ample workforce, modern technology, and new equipment. Serco Inc. is based in West Hollywood and they specialize in government contracts. Serco proposed costs of $602,172.80 for Year 1 and $602,172.80 for Year 2. Also included in this agreement is a 10% ($120,434.56) contingency to cover unforeseen parking control needs, for a total not to exceed agreement amount of $1,324,780.16. The total amount of this agreement for two years is 5% less than the previous agreement in the amount of $1,401,731.14. The Police Department is seeking approval of the first two-year agreement only, and will seek additional Council approval for any subsequent one-year agreement extensions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds will be budgeted in the Police Department Traffic Division contract services account (no. 01114405 62300) as follows: FY 2018-19 $662,390.08 FY 2019-20 $662,390.08 Total $1,324,780.16 APPROVED AS TO FUNDS AND ACCOUNTS: in Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency Exhibit: 1. Agreement with Serco, Inc. 25D-2 Exhibit 1 AGREEMENT WITH SERCO, INC. TO PROVIDE PARKING ENFORCEMENT SERVICES THIS AGREEMENT is made and entered into this 10 day of June, 2018 by and between SERCO, Inc., a New Jersey corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 10, 2018, the City issued a Request for Proposal ("RFP") No. 18-033 to retain a consultant to provide parking control enforcement services for the City. B. On May 8, 2018, Consultant submitted a response to the RFP which has been incorporated by reference to this Agreement, as though fully set forth herein. In its response, the Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement, including any extension periods, shall not exceed $1;324,780.16. This amount is comprised of a base amount of $1,204,345.60 and a 10% contingency amount of $120,434.56 for services performed by the Consultant at the sole discretion of the City. ' b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. If the City does not receive invoices from the Contractor within sixty (60) days of the date(s) of service, the City retains the sole discretion to deem those invoices null and void. Page 1 of 8 25D-3 3. TERM This Agreement shall commence on July 1, 2018, and continue for a two (2) year term until June 30, 2020, with the option for the City to grant up to three (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25D-4 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 25D-5 V. Consultant shall supply City with a tally executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Page 4 of 8 25D-6 the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. DISCRIIVIINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Page 5 of 8 25D-7 signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. FFAMEL zl:� \SAW No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 8 25D-8 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NUSCELLANEOUS 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. 21. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8190 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 8 25D-9 To Consultant: SERCO, Inc. Contracts Representative 8235 Santa Monica Blvd. Suite 320 West Hollywood, CA 90046 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 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. 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 Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David Valentin Chief of Police CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: Page 8 of 8 25D-10 EXHIBIT A SCOPE OF SERVICES 25D-11 EXHIBIT A— SCOPE OF SERVICES I. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this request for proposal (RFP) for Parking Control Enforcement Services for enforcing parking regulations as outlined in the Santa Ana Municipal Code of over 650 weekly residential street sweeping curb miles, residential permit parking district enforcement and other parking enforcement services as assigned by the Police Department A. IMPLEMENTATION 1. The parking control enforcement vendor will assume responsibility for parking control enforcement services of the entire City. 2. The street sweeping routes will be provided by the City of Santa Ana Police Department after contractor selection. 3. City Staff shall have the right to modify, reduce or delete the amount of parking enforcement schedules, routes, frequency, phases, standards, days of parking control enforcement services and remove contract personnel with prior notice to Contractor. 4. The Contractor shall staff all routes and provide personnel for all services listed in this RFP. Additional services include traffic control as necessary on either an emergency or pre -planned basis. 5. The term of the contract is a two (2) year contract, with a possibility for three additional, two-year renewal options at the discretion of the City; a maximum total of eight (8) years. B. PERFORMANCE ON SCHEDULE The Contractor will be provided work schedules which correspond to the City's established service schedules. The Contractor will be provided the opportunity to discuss with the City adjusting established schedules to meet special circumstances. The City will make all final decisions pertaining to adjustment of schedules based on feasibility and efficiency with the goal of completing parking control enforcement services on the day scheduled. II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE The Contractor shall be provided schedules by the City. The Contractor shall submit a written route schedule to the City Projects Manager or designee within fifteen (15) days of the effective date of an executed agreement. This schedule shall clearly identify the tasks required by this agreement and days they are scheduled to be performed in each particular area. Contractor shall have ability to review and propose schedule modifications to the City for review as efforts to improve parking control program efficiency. If it is necessary to make periodic revisions to this schedule, a modified schedule must be submitted for review to the Projects Manager or designee for approval prior to the date the changes are to take effect, but not less than 48-hours. Otherwise, it is intended that the Contractor will develop a permanent schedule utilizing the information schedule and any other information provided by the City, which will allow the City to monitor the Contractor's progress. The contractor shall be able to enforce City of Santa Ana Police Department Request for Proposals for Parkes r 2forcement Services #18-033 designated sections of the Santa Ana Municipal Code and California Vehicle Code as authorized by the Chief of Police. Contract employees may be required to appear and testify at court and confer with the City Attorney's office regarding citation appeals, when necessary. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. The designated Contractor holidays for this contract shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by City. B. CONTRACTOR PERSONNEL The contractor shall furnish the necessary enforcement personnel, including one (1) supervisor. Hours will be determined based on the needs of the City. The City of Santa Ana shall have discretion in approving changes to work hours and assignments or areas. The City of Santa Ana reserves the right to assign enforcement checkers to perform other duties relating to parking enforcement within the hours of any shift. 2. A list identifying the names of all Contractor parking enforcement personnel shall be provided to the City Projects Manager or designee. 3. Each of the Contractor's employees performing work pursuant to this Request For Proposal (RFP) shall: a. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's bilingual list is preferred; b. Trained and bonded, a minimum of twenty-one (21) years of age; c. Capable of performing assigned duties; d. Pass a background check that shall include a review of the employee's criminal history that would pose a liability for the City including crimes of violence. Convictions for traffic violations shall be assessed based on their severity, frequency and time frame. The City of Santa Ana reserves the right to mandate removal of any contractor's employees found unacceptable to the City for any reason; e. Have a High School Diploma or its equivalent; f. Be well groomed at all times and, at a minimum, be in compliance with the Police Departments policies related to grooming standards and tattoos while on duty; g. Have a minimum of eight (8) hours of training on the City's parking citation forms and procedures including, but not limited to, use of necessary equipment, vehicle operations, traffic control procedure, etc.; h. Have a minimum of eight (8) hours of basic customer service training including, but not limited to, conflict resolution, handling difficult customers and cultural diversity; and i. Have a minimum of four (4) hours training on relevant federal, state and local laws, regulations, rules, policies, guidelines and procedures. Additional training may be required as determined by City staff. 4. The Contractor shall have the ability to utilize new equipment as it is developed in the future, such as handheld ticketing devices, parking meter stations, etc. 5. The contractor shall be properly licensed and all of the contractors' personnel assigned to field operations shall have a current "Guard Card" license issued by the State of California pursuant to the California Business and Professions Code. However, regardless of certification, no parking control checkers or supervisors shall carry or be armed with any firearm, impact weapon or electronic control device while performing their duties under this agreement. All employees assigned by the contractor shall have a valid California driver's license and remain in good standing with the California Department of Motor Vehicles. City of Santa Ana Police Department Request for Proposals for Pa rq E3iforcement Services #18-033 6. The contractor must provide a field supervisor during daytime working hours to supervise all contractor enforcement employees on duty. This field supervisor may also perform ancillary duties as an enforcement checker but shall not fill in for an absent employee or perform duties that would hinder their ability to supervise personnel in the field. The field supervisor shall have substantial expertise and experience in parking enforcement duties. The supervisor shall be the primary contact between the city and contractor on matters relating to the enforcement services provided through this RFP. 7. The Supervisor shall be the primary daily operations contact to the City and shall also do the following: a. Respond to citizen complaints and provide the City's designee with a copy of the complaint and the resolution or, in the event an investigation is required, the steps being taking to resolve the complaint and the date a resolution can be expected. b. Contact the City designee at least once each day to discuss and clarify operational assignments and receive any special instructions; c. Ensure that contractor personnel perform the duties required by the RFP; and d. Prepare and submit all citation amendments, monthly progress reports and status reports as may be required by the city designee. 8. The contractor shall be required to designate a second level supervisor. This person shall have the authority over the personnel and shall be a member of the contractor's management staff with authority to represent the contractor on policy matters. 9. The contractor shall provide and pay for all uniforms for contract personnel assigned to work in the field. a. Uniform specifications shall include a photograph or diagram and written description of the uniforms for male and female parking enforcement personnel and include marking(s), shirt sleeves length (short or long), shoe type, the color of shirts, pants, jacket(s) and any other relative information. As an option, the contractor may allow the employee to wear shorts of the same color as the uniform pants during the summer months. b. The Santa Ana Police Department's Traffic Division Commander or his designee shall review and approve all uniforms and insignias. c. Uniforms shall be properly fit with no rips or tears and must be clean and pressed at all times to present a neat appearance. 10. If the Contractor finds it necessary to utilize substitute personnel to cover personnel who call in sick or take time -off, they are to be equal in qualifications and training to regular personnel and billed at the same rate. 11. The city designee shall conduct the final review of all contract employees prior to being assigned to perform parking enforcement services in the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion in the hiring and termination of personnel working on this contract. The Chief of Police or his designee may remove contract personnel, upon telephone notifications to the Contractor. C. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable City of Santa Ana Police Department Request for Proposals for Par lf) 1r2a1 Enforcement Services #18-033 federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. D. PREVAILING WAGE Prevailing wage will not be required for this contract. E. PARKING CITATION BOOKS The city will issue numbered Parking Citation Books or Electronic Ticketing Devices to the Contractor containing individually numbered citations. The Contractor shall be held accountable for the disposition of all electronic devices, books and citations and for stolen or lost citations. The loss of a citation will result in a charge of $100 levied against the Contractor by the City for each citation lost or unaccounted for, not to exceed $2,500 for each book. The loss of a book of citations or ticketing device may result in a charge against the Contractor by the City of $2,500. Such charges may be increased and the City will provide notification to the Contractor prior to action taking place. F. WORKING HOURS All parking enforcement activity hours will be determined based on the City's need. The City of Santa Ana Police Department or other designee shall have discretion in approving changes and additions to work hours and assignments or areas. G. PARKING CONTROL ENFORCEMENT SERVICES EQUIPMENT The parking control enforcement vehicle or any relief/substitute vehicle used to perform this contract work shall: a. The contractor shall provide vehicles, in good repair, for use by the contractor's employees assigned to field duties. These units must be suitable for parking control and enforcement. The contractor shall be responsible for and pay for all operating expenses, maintenance and insurance for such vehicles. b. All vehicles are to be no more than (3) three years in age, unless otherwise approved by the city designee. All vehicles are to be kept clean, in good repair and in good appearance. c. The Contractor shall provide a listing of all parking control enforcement vehicles or any relief/substitute vehicle identifying: i. Make, model, and year. ii. Company identification unit number. iii. California license number. iv. Company vehicle colors. d. All vehicles are to be inspected by the California Highway Patrol with inspection certificates given to the Santa Ana Police Traffic Division Commander. e. The vehicles shall be equipped with: i. Fixed and permanent amber rotating beacons and all safety equipment is to be paid for and furnished by the Contractor. ii. A set of road trouble fluorescent triangles, one case of flares and five (5) orange traffic safety cones. iii. Other safety devices, which may be reasonably required by the City. City of Santa Ana Police Department Request for Proposals for Pa�13j 5forcement Services #18-033 2. The Contractor shall provide instant communication access via a cellular phone/radio to all personnel while performing their duties. H. FUELING OF PARKING CONTROL ENFORCEMENT VEHICLES The Contractor shall be responsible for fueling each parking control enforcement vehicle and shall be ready to conduct enforcement activities at all scheduled times. I. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre -approved by the Traffic Commander prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage will not be allowed. Such signage shall state Authorized Contractor, Santa Ana Police Department, name of Contractor and Contractor telephone number or other required City designated language and markings. Signage Letter Minimum Size shall be two -inches for Authorized Contractor, Santa Ana Police Department. A minimum of one -inch height will be required for all other information. J. GLOBAL POSITIONING SYSTEM (GPS) It is highly desirable for the Contractor to provide a GPS system in all parking control enforcement vehicles used in the City that enables the monitoring of the parking control enforcement vehicle locations at all times via computer. The system should provide the ability to monitor the day-to-day operation of the parking control enforcement vehicle including its current location, streets covered, times and total miles driven. If provided, the City and Contractor shall be enabled to view this information via computer at all times and GPS reports shall be made available at the request of the City. K. PERFORMANCE DURING INCLEMENT WEATHER The City shall determine when the parking control enforcement operations should cease due to inclement weather or other reasons and will notify the Contractor immediately once that decision is made. 2. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 3. Failure to adjust the work force as directed by the City shall result in deduction of payments to reflect only the work actually authorized and accomplished. L. INSPECTIONS The Chief of Police or his designee shall regularly inspect the parking enforcement routes and other areas subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable City of Santa Ana Police Department Request for Proposals for Par khp tr116forcement Services #18-033 L r4 requirements shall be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. M. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. 2. The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards unless engaged in traffic control operations authorized by the City. In such cases, the Contractor shall only use vehicles or equipment in a safe manner as prescribed by the training required by this contract. The Contractor shall be responsible for the use of all appropriate warning traffic safety devices when deemed necessary. 3. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage City streets, street trees, sidewalks or street curbs. In the event that damage to the City's right-of-way has occurred in the course of work, the Contractor shall be solely responsible for its repair or replacement. N. SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. O. CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. All Contractor personnel are a reflection of the City of Santa Ana and as such are expected to: 1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3. Comply with all federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Train other Contractor employees to be polite and courteous during public contact. 6. Employ truth and accuracy in reporting customer service records. P. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a monthly report indicating work performed, including GPS maps of routes (if required by City) and submit this completed report to the City Projects Manager or designee. This report should also City of Santa Ana Police Department Request for Proposals for Par t Tforcement Services #18-033 `a 15 contain a description of work performed, including personnel hours, equipment, and any additional work, which the Contractor deems to be beyond the scope of the contract. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of Santa Ana Public Works Agency and the City of Santa Ana Police Department to the Contractor, identifying whether or not those calls require a request for service, and a description of the action taken from the City call. The Contractor shall provide monthly phone customer service logs from the public, indicating name, date, time and phone number of caller, reason for request, response/action by Contractor and time required to address request. Such logs shall be accurate and truthful. The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services at any reasonable time. Q. CITATION PROCESSING The contractor shall submit all citations issued by their employees to the City's designated citation processing center in a timely manner. In the event of an error on a citation or when a citation is deemed by the Traffic Commander to have been issued inappropriately, the Contractor shall bear the processing cost of said citation to include amendments, fees for data entry, dismissal, notices, removal of DMV holds, etc. This provision shall not apply to citations dismissed in the Interest of Justice or those citations that are issued in good faith but are dismissed due to circumstances that are not within the control of the contractor. R. ON-CALL/AFTER HOURS PARKING ENFORCEMENT/SPECIAL DETAILS The City of Santa Ana anticipates the need for parking control personnel to assist with parking enforcement and/or traffic control for pre -planned events such as parades, special events, marathons and nighttime parking enforcement. The City will make every effort to provide the Contractor with as much advanced notice as possible when these services are required. In addition, the Contractor will provide the City with names and telephone numbers of at least two qualified contact persons or a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cellular phone who can be called by City representatives when emergency calls for service occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within one (1) hour from receiving notification. The City anticipates the need for this service of up to 5-occurrences per year for events that cannot be predicted in advance such as power outages, major collisions or other events that require traffic control on a wide scale. If additional personnel are required, the Contractor agrees to make every effort to fulfill the needs of the City to help mitigate the issue necessitating the response in a timely fashion. S. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a weekly basis or as determined necessary by the City. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. City of Santa Ana Police Department Request for Proposals for Par trod Enforcement Services #18-033 AA RY16 T. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. The City has the option to purchase and provide materials. The City has the option to purchase special material or the City will reimburse the Contractor for purchase of special material only after authorization by the City. City — shall mean City of Santa Ana and representatives of the City of Santa Ana, i.e. Police Department or Public Works Agency. 2. Contractor Holidays — New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by the City. 3. Inclement Weather — weather conditions that prohibit the effective operation of parking control enforcement operations. 4. Street — all paved dedicated public rights -of -way within the existing or future City limits. 5. Parking Enforcement Supervisor — an employee of the contractor with supervisory authority over the Parking Enforcement Checkers and possesses the requisite authority to make decisions, respond to complaints on behalf of the company and engage designees from the City regarding any service concerns. As an ancillary duty, a Parking Enforcement Supervisor may perform the duties of a Parking Enforcement Checker as outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or traffic control. 6. Parking Enforcement Checker — an employee of the contractor assigned to perform the duties outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or traffic control. IV. TERMS AND CONDITIONS A. TERM The term of this Contract is projected to commence on or about July 1, 2018 and terminate June 30, 2020, unless earlier terminated as set forth in Section H, below. City is granted an option to renew up to three additional two-year periods. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION 1. 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. The City of Santa Ana Police Department Request for Proposals for Pa2§" 9Pforcement Services #18-033 annual amount to be expended for parking control enforcement services shall not exceed $ annually, during the term of this Agreement. 2. Invoices a. The Contractor shall submit a monthly invoice by the 15'h of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted electronically in a Microsoft Excel 2003 format or newer, or other format approved by the City Projects Manager or designee. c. The invoice shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City work order number (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice vi. GPS Route Maps (if determined required by City) 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Adjustments to Charges The parties may annually agree to an adjustment of parking control enforcement services charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to parking control enforcement services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. 5. Extra Work No new work of any kind shall be considered unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. D. 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. City of Santa Ana Police Department Request for Proposals for Pa"gigaforcement Services #18-033 E. 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 commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of 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 there from, and property damage, in the total amount of $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: a. Commercial general liability and business automobile insurance policies 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. A sample additional insured endorsement is attached hereto as Exhibit C. 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. d. If the contractor maintains broader coverage and/or higher limits than the minimums specified above, the City shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available 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. City of Santa Ana Police Department Request for Proposals for Par1l �forcement Services #18-033 ``�� 1 F. 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 relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. 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. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication 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 courtesy copy to: Enrique Esparza, Commander City of Santa Ana Office of the Police Chief Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Fax 714-245-8190 H. TERMINATION The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 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 City of Santa Ana Police Department Request for Proposals for Parttr92forcement Services #18-033 `Pam 2 completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor's Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the Projects Manager or designee, the level of service falls below appropriate parking control enforcement standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the Projects Manager or designee determines that contract services are performed as well and as frequently as required by this Agreement. I. CONTRACTOR OPTION FOR TERMINATION The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the Contractor breaches its promise to provide parking control enforcement -=— services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $150 per hour per occurrence for such breach per parking enforcement personnel, in addition to any cost, fines, etc. levied against the City. K. 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. L. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS If requested by City, Contractor shall participate in extensive public awareness efforts and community events and programs, such as neighborhood and City events. Such participation shall be upon City request provided with reasonable notice of event timing. Such events will not exceed four (4) per year. M. 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. City of Santa Ana Police Department Request for Proposals for Pa2w-,t2 aforcement Services #18-033 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. N. 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, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. 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. P. FINES The Contractor shall be liable for all violation fines levied against the City by, but not limited to, AQMD, State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. City of Santa Ana Police Department Request for Proposals for ParMnRQoptr FAforcement Services #18-033 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25D-25 City of Santa Ana Police Department CQ Request for Proposals for Parking Control Enforcement Services #18-033 serCO 8 May 2018 EXHIBIT B. PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING CITY OF SANTA ANA POLICE DEPARTMENT REQUEST FOR PROPOSALS FOR PARKING CONTROL ENFORCEMENT SERVICES EXHIBIT B Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on an hourly cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. The quantity of hours identified below are best approximations and are for estimate purposes only and can be modified as determined necessary by City. Contractor shall only be paid for services performed. Refer to Section IV.L. Terms and Conditions - Employment of Displaced Santa Ana Workforce (page 21). The award will he based on the Total Extended Cost rassumina no diso)a _d City of Santa Ana molov will n -d to b hir d1. LINE DESCRIPTION QUANTITY UNIT UNIT QUANTITY UNIT PRICE EXTENDED TOTAL PRICE 1 Supervisor- Parking Enforcement I Hourly 1,920 $48.18 $92,505.60 2 Checker- Parking Enforcement TBD Hourly 17,080 $29.84 $509,667.20 Total Extended Cost (Add Lines I and 7): $602,172.80 Total Extended Cost- Written (Add Lines 1 and 2) Six Hundred &Two Thousand One Hundred Seventy Two Dollars - 80/100 Additional Hourly Cost per Checker for Potential Displaced City Employee During Year One if Necessary): 1 N/A Hourly 3 1 On -Call- Parking Enforcement I 1 I Hourly IINEW $29.84 SercoInc• 703-263-6402 & 703-263-6001 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 12930 Worldeale Drive, Suite 600 Hemdon- Na 20170 BUSINESS ADDRESS Chan Phuong Contracts Represcnl:divc PRINTED NAME OF AUTHORIZED AGENT TITLE 5/8/2018 Chan. Phuong@serco-na.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #1 B-033 Page 23 City of Santa Ana Page 20 Use or disclosure of data contained on this sh2 jp,pr -C,2 9 restriction on the title page of this proposal. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENTS FOR ON -CALL ❑ As Recommended ENGINEERING SERVICES ❑ As Amended El Ordinance 151 Reading NON -GENERAL FUND on ❑ Ordinance on 2"d Reading (STRATEGIC PLAN NO. 6, 1G) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITYWANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute agreements with each of the firms listed below, to provide on -call engineering services for general engineering projects for a -three year term expiring June 18, 2021, with one, two-year extension exercisable by the City Manager and the City Attorney, for a total aggregate amount not to exceed $2,000,000 for the term of the entire contract and subject to nonsubstantive changes approved by the City Manager and the City Attorney. • Kimley-Horn • Huitt-Zollars • CSG • Anderson Penna • NV5 • TAIT • Mark Thomas • Willdan • Stantec 2. Authorize the City Manager and Clerk of the Council to execute agreements with each of the firms listed below, to provide on -call engineering services for water resources projects for a three-year term expiring June 18, 2021, with one, two-year extension exercisable by the City Manager and the City Attorney, for a total aggregate amount not to exceed $1,200,000 for the term of the entire contract and subject to nonsubstantive changes approved by the City Manager and the City Attorney. • Kimley-Horn • Tetra Tech, Inc. • Huitt-Zollars • NV5 • Willdan 25E-1 Agreements for On -Call Engineering Services June 19, 2018 Page 2 DISCUSSION On September 29, 2017 the City issued a Request for Qualifications (RFQ) for on -call engineering consulting. These services are required to augment City staff efforts to complete the timely delivery of the Capital Improvement Program, which include street rehabilitation, park and facility improvement projects. A five -member panel review committee comprised of Public Works Agency staff reviewed and ranked the 19 qualification packages that were received and created a short list of qualified consulting firms. The top consulting firms in each of two engineering categories were invited to submit proposals through a Request for Proposals (RFP 17-083) issued on February 22, 2018 and due on March 20, 2018. The first category, General Engineering (Option A) are professional services related to the design, construction, management, and operations of public works infrastructure and City facilities which include: street rehabilitation/widening/improvements, transportation/traffic engineering, architectural, structural, geotechnical, environmental engineering, land surveying, and any specialty engineering studies that pertain to public works. The second category, Water Resources (Option B) is comprised of professional services related to the design, construction, operations and maintenance and management of water wells, reservoirs, pump stations, water pipe networks, sewer lift stations, and related of systems to run and maintain a water and sewer system operations. As a result of RFP 17-083 a total of ten proposals were received. Five of the proposals received included both Options A and B with the remaining five specifically proposed for Option A. The proposal rankings were based on a combination of experience, qualifications, project understanding, and the overall proposal package. The table below summarizes Options A and B for each consulting firm and their total scores: General Engineering other than Water Resources- Option A (Highest to Lowest) Rank Firm Score 1 Kimley-Horn 93.2 2 Huitt-Zollars 85.5 3 CSG 84.6 4 Anderson Penna 84.1 5 NV5 82.7 6 TAIT 79.4 7 Mark Thomas 77.9 8 Willdan 76.3 9 Stantec 75.1 25E-2 Agreements for On -Call Engineering Services June 19, 2018 Page 3 Water Resources- Option B (Highest to Lowest) Rank Firm Score 1 Kimley-Horn 93.2 2 Tetra Tech, Inc. 91.3 3 Huitt-Zollars 85.5 4 NV5 82.7 5 Willdan 76.3 In accordance with Qualifications Based Selection (QBS) process, the fee schedules were opened after the proposal evaluations were completed. Staff recommends that Kimley-Horn, Tetra Tech Inc., Huitt-Zollars, CSG, Anderson Penna, NV5, TAIT, Mark Thomas, Wildan, and Stantec be retained to provide on -call engineering services (Exhibit 1-14) based upon this selection criteria of the firms that responded to RFP 17-083 (Exhibit 15). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 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 and Deferred Maintenance Plans). FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2017-18 approved Capital Improvement Program (CIP) budgets, and will be budgeted in future CIPs. Edwin "William" GaMez, P.E. Acting Executive Director Public Works Agency EWG/ARC/AF 25E-3 Agreements for On -Call Engineering Services June 19, 2018 Page 4 Exhibits: 1. Agreement- Kimley-Horn (General Engineering Projects) 2. Agreement- Kimley Horn (Water Resources Projects) 3. Agreement- Tetra- Tech Inc. (Water Resources Projects) 4. Agreement- Huitt-Zollars (General Engineering Projects) 5. Agreement- Huitt-Zollars (Water Resources Projects) 6. Agreement- CSG (General Engineering Projects) 7. Agreement- Anderson Penna (General Engineering Projects) 8. Agreement- NV5 (General Engineering Projects) 9. Agreement- NV5 (Water Resources Projects) 10. Agreement- TAIT (General Engineering Projects) 11. Agreement- Mark Thomas (General Engineering Projects) 12. Agreement- Willdan (General Engineering Projects) 13. Agreement- Willdan (Water Resources Projects) 14. Agreement- Stantec (General Engineering Projects) 15. Request for Proposal (RFP) 25E-4 The exhibits listed below can be found at: http://santaana.granicus.com/MetaViewer.pfp?view id=2&event id=8235&meta id=67859 Exhibits: 1. Agreement- Kimley-Horn (General Engineering Projects) 2. Agreement- Kimley Horn (Water Resources Projects) 3. Agreement- Tetra- Tech Inc. (Water Resources Projects) 4. Agreement- Huitt-Zollars (General Engineering Projects) 5. Agreement- Huitt-Zollars (Water Resources Projects) 6. Agreement- CSG (General Engineering Projects) 7. Agreement- Anderson Penna (General Engineering Projects) 8. Agreement- NV5 (General Engineering Projects) 9. Agreement- NV5 (Water Resources Projects) 10. Agreement- TAIT (General Engineering Projects) 11. Agreement- Mark Thomas (General Engineering Projects) 12. Agreement- Willdan (General Engineering Projects) 13. Agreement- Willdan (Water Resources Projects) 14. Agreement- Stantec (General Engineering Projects) 15. Request for Proposal (RFP) 25E-5 25E-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: AUTHORIZE FIRST AMENDED AGREEMENT FOR SALES AND USE TAX REVENUE AUDITING AND CONSULTING SERVICES WITH MUNISERVICES, LLC {STRATEGIC PLAN NO. 4,2) r' P CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a First Amended Agreement ("Amended Agreement") with MuniServices, LLC ("Mun!Services") for Sales and Use Tax Revenue Auditing and Consulting Services for a period of two and one-half (2Yz) years. Amended Agreement to become effective July 1, 2018 through December 31, 2020 for a stated amount not to exceed $12,000 annually (prorated to $6,000 for the final six month period) covering the web based Sales Tax Analysis Reporting System (STARS) and Geographic Revenue Information Application system (GRIA) reporting systems, inclusive of an annual CPI adjustment not less than two percent (2%) or greater than four percent (4%), annually; plus 15% of recovered sales tax of revenues over the life of the Amended Agreement, with a contingency of up to $100,000 to cover other consulting services subject to non -substantive changes approved by the City Manager and the City Attorney. BACKGROUND The Sales and Use Tax represents approximately 18.4% of the City's total General Fund revenue. Sales tax is levied upon the retailers who sell tangible property in the State of California. The sales tax is measured by gross receipts from retail sales. For the City of Santa Ana the effective sales tax rate is 7.75%. The distribution of the sales tax rate is as follows: State of California (6.00% Combined), County of Orange (0.25%), Measure M (0.50%), and City of Santa Ana (1.0%). A Use Tax complements the sales tax and is imposed on the storage, use, or other consumption of tangible personal property purchased from any out-of-state retailer. The Use tax is measured by the sales price of the property and the rate is the same for both the Sales Tax and the Use Tax. DISCUSSION Currently, MuniServices provides the City with Sales & Use Tax revenue auditing and consulting services and the STARS and GRIA software applications; however, the current agreement will lapse at the end of this fiscal year. In February 2016, a Request for Proposals (RFP No. 16-022) was issued 25F-1 Agreements with MuniServices For Sales And Use Tax & Utility Users' Tax Compliance, Auditing And Consulting Services June 19, 2018 Page 2 which included Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring services for Sales and Use Tax, as well as Municipal Utility Users' Tax, Property Tax, Hotel Visitors' Tax, and Medical Marijuana. To realize the most competitive bidding across the board, these items are scheduled to be rebid together and new agreements entered into prior to December 31, 2020. The 2'/2 year term of this Amended Agreement is intended to facilitate that future RFP process and represents an elapse of four years since the last comprehensive RFP. With respect to the Sales & Use Tax component of the 2016 RFP, the proposal submitted by MuniServices for the Sales & Use Tax component was found to be most responsive to the City's needs, offered the best value, and was most appropriate for the services requested. As part of the submitted Sales and Use Tax proposal and agreed terms for the auditing services, MuniServices provides the following services: 1. Audit and recovery services of unreported, underreported and misallocation of Sales and Use Tax as well as correction of reporting errors and corrections through the appeals process. 2. Comprehensive reporting and analytics including economic dashboards, ad hoc reporting and increased data mining and integration. 3. Monitoring and analysis of the California Department of Tax and Fee Administration's (formerly, State Board of Equalization's) quarterly distribution reports. 4. Legislative services and analysis regarding pertinent Sales and Use Tax legislation and regulations and state agency liaison and implementation monitoring. 5. Sales and Use Tax web -based software application (STARS), enabling staff to access the City's Sales and Use Tax data to extract, analyze, and utilize the available data for budgetary and community/economic development purposes as well as a web -based geographic revenue information application (GRIA) to aggregate a variety of general fund revenue data geographically (including but not limited to: Sales Tax, Property Tax, Property Transfer Tax, Hotel Visitors' Tax, and Business License Tax revenues) enabling staff to extract, analyze, and utilize the available data also for budgetary and community/economic development purposes. 6. Assist in the development of a multi -year Sales and Use Tax revenue forecast model. 7. Ongoing consultation on all aspects of the auditing, compliance and consulting services. The reports, analysis and information derived from the sales and use tax revenue auditing and consulting program are used for budget planning, revenue forecasting, trend analysis, community/ 25F-2 Agreements with MuniServices For Sales And Use Tax & Utility Users' Tax Compliance, Auditing And Consulting Services June 19, 2018 Page 3 economic development analysis and other projects requiring Sales and Use Tax revenue statistics and/or geographic general fund revenue statistics to assist in analyzing the City's economic base. Moreover, the services that MuniServices render ensure compliance with tax regulations, provide early indications of trends in the economy, as well as ensure that the revenues generated within city boundaries are properly allocated, assigned and remitted to the City of Santa Ana. The Amended Agreement continues all of these services for an extended 2'% year term. Additionally, the Amended Agreement provides a streamlined Change Order process and expands the scope of consulting services which the City may request from MuniServices to include: potential transaction & use taxes, potential new/revised business license taxes and/or potential medical marijuana and/or cannabis taxes, or cannabis related operating agreement fees (as applicable) and may also include selection processes for adult -use retail cannabis business permitting, cannabis testing business permitting, commercial cannabis business (cultivation, manufacture, distribution) permitting as may be set forth in any Change Orders mutually agreed to by the parties. Prior to the expiration of this Amended Agreement, staff will fully assess the extended functionality and usefulness of the Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring services program for Sales and Use Tax and related revenues prior to issuing an RFP for future services. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #2 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT The fees for the services that MuniServices will render are available in the General Fund Sales Tax account (01102002-50020). The fees will not exceed $12,000 annually for the STARS and GRIA reporting systems, inclusive of an annual CPI adjustment of not less than two percent (2%) or greater than four percent (4%), for each of the first two years of the Amended Agreement's 2'Y2 year term (FY 2018-19 and FY 2019-20), and shall be prorated to not to exceed $6,000 for the final six months of that term (July 1, 2020 to December 31, 2020) inclusive of CPI adjustment. Fees paid for recovered sales tax and other revenues shall not exceed 15% of the amount recovered. Payments made to MuniServices for recovered revenues will be recognized when the fees related to MuniServices auditing and reporting activities are incurred. A contingency of $60,000 shall be available for the first year of the Amended Agreement's 2Y2 year term (FY 2018-19) with a further contingency of $25,000 available for the second year (FY 2019-20), and a final contingency of $16,000 available for the final six months of that term (July 1, 2020 to December 31, 2020). 25F-3 Agreements with MuniServices For Sales And Use Tax & Utility Users' Tax Compliance, Auditing And Consulting Services June 19, 2018 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: �inac�cary Francisco Gutierrez,- Executive Director Finance and Management Services Agency Exhibit: 1. First Amendment to Consultant Services Agreement WH 25F-4 EXHIBIT 1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT, made and entered into this 191h day of June, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and MuniServices, LLC, a Delaware limited liability company ("CONSULTANT"), or, collectively "the Parties". RECITALS A. On October 4, 2016, the City and CONSULTANT entered into that certain agreement entitled "Consultant Services Agreement" (Agreement #A-2016-290) hereinafter referred to as "said Agreement", for Sales and Use Tax Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring Services. B. The Parties hereto now desire to amend said Agreement to add some terms and set forth the renewal Term of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the Parties hereto do hereby agree as follows: 1. Section 1. — Scope of Services is amended to read as follows: a. CONSULTANT, or CONSULTANT'S subcontractor(s), will provide CITY with the consulting services described in EXHIBIT A and C which are attached hereto and incorporated by reference. CONSULTANT, or CONSULTANT'S Subcontractor, shall provide said services at the time, place, and in the manner specified in EXHIBITS A and C. b. CONSULTANT, or CONSULTANT'S subcontractor(s), may provide CITY with additional consulting services described in EXHIBIT D which is attached hereto and incorporated by reference. Such additional consulting services include, but are not be limited to: potential transaction and use taxes, potential business license taxes and/or potential medical marijuana and/or cannabis taxes, or cannabis related operating agreement fees (as applicable) and may also include selection processes (to include selection process administrative guidelines/policy manuals and professional moderator services) for adult - use retail cannabis business permitting, cannabis testing business permitting, commercial cannabis business (cultivation, manufacture, distribution) permitting as may be set forth in any Change Order(s) mutually agreed to by and between the Parties pursuant to. Section 3., subsection 3-22., of said Agreement. c. CONSULTANT, or CONSULTANT'S subcontractor(s), shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement. 2. Section 3. -General Provisions, subsection 3-1., Term of the Agreement is amended to read as follows: 25F-5 3-1. - Term of the Agreement: The amended renewal term for the provision of consultant services under said Agreement shall be for a period of two and one-half (2'/) years, effective July 1, 2018 through December 31, 2020. 3. Section 3. — General Provisions, subsection 3-22., Change Order Contingencv is amended to read as follows: 3-22. — Change Order Contingencv: From request optional services of CONSULTANT, mutually agreed upon scope and fees. Change Order time -to -time, at CITY's option, CITY may or CONSULTANT'S subcontractor(s), at A. No extra work maybe undertaken unless a written "Change Order' is first given by the Contract Officer or his/her designee, to CONSULTANT, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of CONSULTANT. B. Representative or designees. CITY will appoint a primary designated representative and alternate designated representative who will be in charge of administering the maintenance contract for CONSULTANT and have authority to enter into Change Orders pursuant to this Agreement. All notices regarding consulting services or requested changes in said agreement shall be sent to the representatives listed below: CITY'S Primary Designated Representative/Contract Officer shall be: Name Willard Holt Title Treasury and Customer Services Manager Address 20 Civic Center Plaza, Room 1105, Santa Ana, CA 92701 Phone # (714) 647-5456 Email wholt@santa-ana.org CITY'S Alternate Designated Representative/Contract Officer Designee shall be: Name Waldo Barela Title Budget Supervisor Address 20 Civic Center Plaza, Room 334, Santa Ana, CA 92701 Phone # (714) 647-5428 Email wbarela@santa-ana.org 4. Section 2. — Compensation is amended to read as follows: (a) Upon execution of this Agreement, CITY will pay CONSULTANT as outlined in EXHIBITS B and D, incorporated and included herein. In addition, a contract contingency amount shall be available over the two and one-half (2%) years Term of this First Amended Agreement to cover payment of additional consultant services as set forth above under Section 1. — Scope of Services. Contingency monies will be available as follows: a contingency of $60,000 shall be available for the first year of the Amended Agreement's 2Y: year term (FY 2018-19) with a further contingency of 25F-6 $25,000 available for the second year (FY 2019-20), and a final contingency of $15,000 available for the final six months of that term (July 1, 2020 to December 31, 2020). (b) Fees paid for recovered sales tax and/or other associated recovered revenues shall not exceed 15% of the amount recovered. Such fees are not chargeable against contingency monies but are revenues directly payable from recovered sales tax. Payments made to MuniServices for recovered revenues will be recognized when the fees related to MuniServices auditing and reporting activities are incurred. (c) CITY will pay CONSULTANT as outlined in any Change Order(s) mutually agreed to by and between the Parties pursuant to Section 3, subsection 3-22., of said Agreement. Payments related to Change Orders affecting fees paid for recovered sales taxes and/or other associated revenues shall be directly payable from recovered sales tax and/or other associated recovered revenues. Stated fees for Sales/Use Tax Analysis & Reporting Service (STARS) which includes the Geographic Revenue Information Application system (GRIA) together with CPI adjustments to said stated fees as set forth in Exhibit D shall be directly payable from recovered sales tax monies. (d) Payment by CITY shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures and proof of insurance as set forth in section 3-9. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 5. The effective date for the application of amendments to said Agreement relating to "Scope of Services", "Change Order Contingency", and "Compensation" shall be the date of City Council approval of this Amendment. The effective date for the application of the amendment of the "Term" of said Agreement shall be July, 1, 2018. 6. Where applicable, in accordance with state Equalization ("BOE") within said Agreement incorporated by reference shall now refer to Administration ("CDTFA"). law, relevant references to the State Board of including all exhibits attached hereto and the California Department of Tax and Fee 7. Where applicable, with respect to all processes engaged in by CONSULTANT, or CONSULTANT'S subcontractor(s), in connection with CDTFA and performed on behalf of CITY, or in connection with all services and products (electronic or otherwise) provided to CITY by CONSULTANT, or CONSULTANT'S subcontractor(s), involving CDTFA information or data received by CITY, CONSULTANT, or CONSULTANT'S subcontractor(s), shall be incorporated and conformed to all current and future changes promulgated by CDTFA. This requirement comprises all changes to sales and use tax permitization, including but not limited to: permit issuance, permit content, permit ID (numbering sequence), permit registration, permit registration reporting (AS 990) permit sales and use tax allocation, permit reporting (together with all respective permit classification and program coding including indicators or signifiers). 8. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full effect. 25F-7 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM CITY ATTORNEY Sonia R. Carvalho Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance and Management Services Agency CITY OF SANTA ANA Raul Godinez, II City Manager CONSULTANT Doug Jensen SVP Client Services MuniServices, LLC Tax ID # 25F-8 EXHIBIT A SCOPE OF WORK Sales, Transactions And Use Tax Audit Services (SUTA) Services In performing the sales, transactions and use tax audit program MuniServices shall: 1. Identify and correct the sales/transactions/use tax reporting errors of businesses that, based on the nexus of their activities, are not properly registered with the City. 2. Identify and correct the reporting of businesses that are improperly reporting tax to state and county pools (i.e. classifying sales tax as use tax) and thereby depriving the City of sales tax revenue. 3. Detect, document and correct sales/transactions/use tax reporting errors/omissions and thereby generate new, previously unrealized revenue for the City. 4. Ensure through comprehensive audit measures that the revenue information used for ongoing economic analysis includes all sales/transactions/use tax generators. 5. Assist the City with strategies to preserve and even enhance sales and use tax revenue generated by existing businesses within the City. MuniServices' proposed sales/transactions/use tax allocation audit services for the City includes five distinct types of audits: o Taxable Nexus Field audits o Permifization audits o Deficiency assessment audits o Accounts payable audits o Quarterly Distribution Report audits Taxable Nexus Field Audits MuniServices' initial and periodic taxable nexus field audits include a physical canvassing and evaluation of sales/transactions/use tax generating businesses located in the City. In the absence of this undertaking, significant misallocations will remain undetected. MuniServices' field audits focus on those businesses located in the City from which the City has not been receiving sales/transactions/use tax revenue. Permitization Audits Wholesalers, contractors, processors, manufacturers and other non -retail businesses will frequently not have a sales tax permit properly registered to the City in which they are located because their business operations do not include a point -of -sale qualifying activity. However, these companies will often generate local sales/transactions/use tax from the State Board of Equalization (BOE) audit deficiency assessments, occasional sales (i.e., mergers and acquisitions), and self -accrual of use tax on purchases. MuniServices' field audits facilitate the identification and correction of improperly registered permits for companies having point -of -sale operations in the City. Deficiency Assessment Audits When the California BOE audits taxpayers for sales/transactions/use tax compliance, it is not uncommon for the taxpayer to receive a substantial deficiency assessment due to underpayments and/or under -collections. In many cases, the local allocation portion of the deficiency assessment is distributed in error to the State pool, county pools, or other jurisdictions. Accordingly, MuniServices has developed proprietary criteria and techniques to detect and correct BOE deficiency assessment misallocations and thus expand the benefits produced by MuniServices' allocation audit service. 25F-9 Accounts Payable Audits When California taxpayers purchase tangible personal property for which title passes out-of-state, the transactions are subject to use tax (rather than sales tax) which is collected by the vendor who in turn remits it to the BOE, with the local allocation typically distributed statewide or countywide through the pools. Under certain conditions, the seller may allocate the local tax by situs or the City may elect to self -accrue the use tax and remit it directly to the BOE, in which case the local portion will come back to the City in the same manner as sales tax. MuniServices' accounts payable audit will include a review of the City's purchases to identify opportunities for the City to capture the 1% local allocation on purchases subject to use tax and the local district tax where applicable. In this regard, MuniServices will prepare the documentation to facilitate the election, including assistance in preparing and filing the tax returns. Quarterly Distribution Report Audits Every three months, the City and MuniServices receive a Quarterly Distribution Report (QDR) from the BOE with the local allocation amount reflected by permit number. MuniServices' QDR audits detect and correct taxpayer -reporting errors and thereby generate new, previously unrealized sales/transactions/use tax revenue for the City. MuniServices' QDR audits focus on those accounts where MuniServices observes a substantial decline in the sales/transactions/use tax revenue allocation for a particular business entity in a given quarter. In most cases, accounts showing zero balances have either relocated or simply reported late, in which case the payments will not be reflected until the next quarter's QDR. Therefore, six months must lapse before the QDRs indicate whether a zero balance account can be attributed to a late payment or a misallocation. Cities and counties may only recover misallocated Bradley -Burns sales tax revenue for three quarters prior to the BOE being notified of the reporting error and misallocated District tax revenues for between three quarters and three years. Therefore QDR audits must be conducted in a timely manner in order to preserve the opportunity for the City to recover misallocated revenue. MuniServices shall conduct the QDR audit each and every quarter to minimize the potential of lost revenue to the City. Confidentiality Provisions MuniServices is authorized by this Agreement to examine transaction tax, sales tax, and use tax records of the BOE provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law and California Revenue & Taxation Code applicable to transactions and use taxes. If the City adopts a new transaction tax or taxes after the effective date of this Agreement the Parties intend for the work under this agreement to include that tax or taxes. MuniServices is required to disclose information contained in, or derived from, those sales, transaction, and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. MuniServices is prohibited from performing consulting services for a retailer during the Term of this Agreement. MuniServices is prohibited from retaining the information contained in, or derived from, those sales, transaction, and use tax records, after this Agreement has expired. This Agreement, and MuniServices' and City's obligations with respect to confidentiality of taxpayer data pursuant to the Bradley Bums Revenue and Taxation Code, shall continue until final payment for all services rendered hereunder. 25F-10 Deliverables SUTA Detection and Documentation MuniServices shall represent the City for purposes of examining BOE records pertaining to sales and use tax.to identify errors and omissions. MuniServices' procedures for detecting and documenting misallocations are as follows: 1. Review applicable provisions of the City's municipal code and ordinance adopted by the City to determine applicability. 2. Procure a computer tape of sales/transactions/use tax permit records from the BOE. 3. Analyze sales tax distribution reports provided by the BOE for five or more of the most recent consecutive quarters. 4. Clean-up, standardize and computerize data from City's quarterly sales tax distribution reports provided by BOE for previous quarters, current quarter and each future quarter service is provided. 5. Prepare an aggregated list of business entities on electronic media; this list is derived from multiple private and public sources (hard copy and electronic), including specialized business listings and directories, the City's sales and use tax payment files, and an electronic copy of the City's Business License Tax registry, updated no less than twice per year. 6. Clean, standardize and integrate, in address -order, each entity's business name, address and payment file information, to eliminate redundancies, using MuniServices' proprietary software. 7. Physically canvas commercial/industrial area within the City's borders. 8. Develop a target list of potential point of sale/use reporting errors/omissions based on: a. An electronic comparison of MuniServices' comprehensive inventory against the BOE's quarterly distributions for the City, and b. An analysis of each potentially misallocated account based on proprietary guidelines established by MuniServices. 9. Meet with designated City official(s) to review service objectives and scope, MuniServices workplan schedule, public relations and logistical matters. 10. Contact personnel in sales, operations and/or tax accounting at each target business to determine whether a point-of-sale/use reporting error exists. (Note: this is accomplished with the highest regard to discretion and professional conduct. MuniServices' allocation audits are predicated on a non- controversial, constructive public relations approach which emphasizes the importance of each business to the City and the mutual benefits of correcting reporting errors.) 11. Provide to the City and BIDE reports addressing each taxpayer reporting error individually, including the business name, address, telephone number, California sales tax permit number, individuals contacted, date(s) of contact, nature of business, reason(s) for error, recommended corrective procedure and, if available, estimated sales/transactions/use tax revenue which should be forthcoming to the City. 12. MuniServices may also provide suggested language for letters to be sent to the taxpayers and/or BOE from the City (or from MuniServices on behalf of the City) urging cooperation in promptly correcting the distribution error. 13. Respond to negative findings by BOE with timely reconfirmation documentation in order to preserve the City's original dates of knowledge. 14. Receive and process registration control record information monthly. 15. Receive and process sales tax distribution reports quarterly. 16. Coordinate with the taxpayer and BOE to make the necessary corrections and collect eligible back quarter's amounts. 17. Monitor and analyze the quarterly distribution reports with an audit focus on the following: a. Accounts with previously reported point-of-sale/use distribution errors to ensure that the corrections are made for current quarters and all eligible back quarters. b. Major accounts comprising 90% or more of the City's total sales tax revenue to identify any irregularities or unusual deviations from the normal pattern (e.g. negative fund transfers, significant decreases, unusual increases, etc.) and ensure that the City is not receiving less revenue than it is entitled to. 25F-11 c. Those accounts receiving deficiency assessments to ensure that the City receives its local allocation 18. Identify opportunities for the City to recover local allocation on purchase transactions subject to use tax. Prepare the necessary documentation to facilitate recovery, including assistance in preparing and filing the returns. SUTA Detection Timing Considerations For each misallocated account detected, MuniServices will coordinate with the business and BOE to make the necessary corrections plus retroactive adjustments for eligible amounts of sales/transactions/use tax improperly distributed in prior quarters. MuniServices coordinates and communicates between typically four parties; sales/operations personnel at the taxpayer's local operation, tax personnel at the company's corporate headquarters, and BOE personnel and the in-state/out-of-state district offices. Correction of the account is considered to have been made once the payments on identified taxpayer accounts are being properly allocated by the taxpayer to the City in the period in which the payment was made. As needed, MuniServices will represent the City before state officials, boards, commissions and committees for the purpose of correcting sales tax distribution errors that have deprived the City of revenue to which it is entitled. 25F-12 EXHIBIT B COMPENSATION Sales, Transactions and Use Tax Audit Services (SUTA) Services What the City will pay MuniServices During the Term of this Agreement and any optional extension thereof or any amendment thereto MuniServices' compensation for the Sales and Use Tax Audit Service shall be a 15% contingency fee. This fee applies to revenue received for six quarters beginning with the quarter in which the Date of Correction falls and all eligible prior quarters back to and including the three quarters prior to the Date of Knowledge quarter for Bradley -Burns sales tax revenues and all eligible prior quarters back to and including all corrected quarters prior to the Date of Knowledge quarter for district tax revenues. As used herein, the Date of Knowledge is the quarter during which MuniServices notifies the BOE of the existence of a misallocation. As used herein, the Date of Correction refers to the quarter in which the taxpayer has correctly reported the local tax and the BOE distributes the local tax properly to City based on the taxpayer's reporting. For QDR Misallocations detected and corrected, MuniServices' compensation shall only include the quarters for which the misallocation actually occurred. For clarification and to encourage communication and collaboration between MuniServices and the City, MuniServices shall be entitled to full payment of all compensation as provided herein even if any one or more of City, its personnel, agents, or representatives, or any third -party or parties provide(s) information to MuniServices that assists or is used by MuniServices in the identification, detection, and correction of point -of -sale distribution errors or the reporting and/or misallocation of revenue. In the event that the City identifies, documents, and notifies the BOE of a point -of -sale distribution error, reporting error or misallocation as those terms are used herein, the City will notify MuniServices of the City's discovery no later than ten days after the Date of Knowledge as defined in Title 18 of the California Code of Regulations, Regulation 1807 ("Date of Knowledge"). The City also agrees to notify MuniServices promptly if it is working on a local tax misallocation issue independently of MuniServices and to maintain and promptly make available to MuniServices on request contemporaneous documentation of such work and its timing so work is not duplicated. Invoicing/Billing MuniServices will invoice City quarterly based on past and/or prospective compliance secured on behalf of City. Invoices are due and payable within forty-five (45) days upon receipt. All expenses incurred by MuniServices in providing the Sales Tax service are the sole and exclusive responsibility of MuniServices, except those expenses that receive prior written approval by City. Additional Consulting Services City may request via the Change Order process that MuniServices, and/or MuniServices' subcontractor(s), provide additional optional consulting services within the scope of the Agreement any time during the term of the Agreement including any renewal term. If MuniServices and City agree on the scope of the additional consulting services requested, then MuniServices, or MuniServices' subcontractor(s), shall provide the additional consulting services on a Time and Materials basis. Standard Hourly Rates: Depending on the personnel assigned to perform the work, MuniServices' standard hourly rates range from $75 per hour to $200 per hour. The following are sample hourly rates based on the job classification: • Principal: $200 per hour • Client Services: $175 per hour • Information Technology (IT) support: $150 per hour • Operational Support: o Director or Manager: $175 per hour 25F-13 o Senior Analyst: $125 per hour o Analyst: $100 per hour o Administrative: $75 per hour These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. All reimbursable expenses shall receive prior written approval from the City and shall be reimbursed at cost to MuniServices. Completion of Services Notwithstanding any other provision of this Agreement, because Consultant's services performed hereunder result in corrections of misallocations and other revenue after cessation of services by Consultant for City, City agrees that with regards to misallocations identified to the BOE whose Date of Knowledge occurred during Consultant's performance of services for City or for other revenue resulting from Consultant's actions taken during the Term of this Agreement, that City's obligation to pay Consultant in accordance with the compensation language of this Agreement shall survive expiration or termination of this Agreement for any reason. Additionally, notwithstanding any other provision of this Agreement, if this Agreement is terminated or expires, Consultant shall continue to pursue corrections of accounts identified during the Term of this Agreement that have not been corrected by the BOE as of the effective date of termination or expiration. The period after termination during which Consultant is pursuing correction of accounts identified before termination is referred to as the "completion period." City shall compensate Consultant in accordance with the compensation language of this Agreement for corrected misallocations that result from Consultant's efforts during the completion period. City will also take all necessary steps to allow Consultant to continue to receive the required information from the BOE during this completion period. 25F-14 EXHIBIT C SCOPE OF WORK SALES/USE TAX ANALYSIS & REPORTING SERVICE (STARS) GEOGRAPHIC REVENUE INFORMATION APPLICATION (GRIA) Stars Reports. Within thirty (30) days of receipt of monthly and/or quarterly sales tax data from the applicable governmental authorities, Consultant shall provide City with electronic access to updated STARS Reports. 1.1 General Reporting Contents. The STARS Reports are dependent on availability of data received from applicable governmental authorities. The online STARS Reports allow City's staff to interact with sales tax data from the permit level to citywide level; on a cash or economic basis; by quarter or year; and by classification grouping include economic category and segment. The STARS Reports provide City with access to sales and use tax data online and via mobile devices. In addition, reports can be exported to Microsoft Excel or Adobe PDF formats. The reports available may include: • A Cash Dashboard. • An Economic Dashboard. • An Economic Change Report. • A business look -up report. • A Taxpayer Ranking Report. • Geo-Areas. 1.2 Sales Tax Forecast. Consultant also provides a Sales Tax Forecast that identifies historical sales tax and projected sales tax for pessimistic, most likely and optimistic scenarios including Transaction and Use Taxes (as applicable). 1.3 GRIA Application. Consultant will include the Geographic Revenue Information Application (GRIA), as part of the STARS and forecasting service and at the same cost. The GRIA will provide and separately present combined geographically based (GEO/GIS) revenue information to include: • Sales and Use Tax • Transaction and Use Tax (as applicable) • Secured and Unsecured Property Tax • Hotel Visitors' Tax • Documentary Stamp Tax (Property Transfer Tax) • Business License Tax (including Business Improvement District Assessments/Charges) • Medical Marijuana Tax • Adult -Use Cannabis Retail Business Operating Agreement Fees; • Testing / Laboratory Facilities Business Operating Agreement Fees; and • Commercial Cannabis Business Operating Agreement Fees (to include, but not limited to: Cultivation, Manufacture, and Distribution businesses). Consultant and City agree that the GRIA data will not be fully available until January 1, 2019 and is subject to MuniServices receiving certain City data matching: a. City Hotel Visitors' Tax data to City Business License Tax accounts; and b. City Business License Tax account data to State Board of Equalization Sales and Use Tax Permits. c. City Adult -Use Cannabis Retail Business Operating Agreement account data. d. City Commercial Cannabis Operating Agreement account data (to include, but not limited to: Cultivation, Manufacture, Distribution, and Testing). 25F-15 To be included in the GRIA, City data must be received in a mutually agreeable format at least thirty (30) calendar days prior. MuniServices and City shall update (GEO/GIS) revenue information data on a quarterly basis (or more often as may be mutually agreeable). 1.4 Accuracy. The STARS Reports rely on information provided by applicable governmental authorities and third -parties. Consultant will endeavor to verify, remove redundancies, or otherwise clean or standardize the information provided by governmental authorities or any third -parties. 1.6 Timing. Consultant's obligation to provide the STARS Reports is conditioned on City's delivery of required, signed documentation to Consultant to access the proper data from the applicable governmental authorities. 1.6 Paper reports. Some of the reports may be delivered in paper -based or excel formats while our online report platform continues to be expanded. For example, Geo Area reports are currently still being provided in paper format. As we expand the online portal, additional reports will become available on your home page. Assistance 1. Confidentiality. The information provided to the City in the STARS Reports is confidential. It is not open to public inspection. A City may use the information only for lawfully permitted purposes. City shall not distribute the STARS Reports to any person unless that person is legally entitled to access the information in the STARS Reports, or except as may otherwise be required by law or court order. Consultant is authorized by this Agreement to examine transaction tax, sales tax, and use tax records of the State Board of Equalization (BOE), including, but not limited to, any transaction and use tax that may become effective and be collected for City. Consultant is required to disclose information contained in, or derived from, those transaction, sales, and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. Consultant is prohibited from performing consulting services for a retailer during the Term of this Agreement. Consultant is prohibited from retaining the information contained in, or derived from, those transaction, sales, and use tax records, after this Agreement has expired. 2. Data. In order for Consultant to provide the STARS Reports, the City will need to deliver to Consultant the signed documents/authorizations required to access the proper data from the applicable governmental authorities as may be required by law. 3. Additional Terms. a. License. Consultant grants to City a license for each of City's designated users to access the New STARS reports service for so long as this Agreement is in effect. Each of City's designated users must be submitted in writing to Consultant. Consultant will provide the user with the necessary log -in information. Any passwords issued for this service may only be used by the person to whom the password is issued; sharing of passwords is STRICTLY PROHIBITED. City has the obligation to protect those passwords. b. Limitations of Liability. Consultant is not responsible for any breach of data resulting from City's failure to protect passwords or systems used to access the Service. Consultant does not warrant that the service is error free. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, or the exclusion of limitation of incidental damages, so the above limitations or exclusions may not apply to City. In no event shall 25F-16 Consultant or its licensors, suppliers, or licensees be liable to City for any consequential, special, incidental, or indirect damages of any kind arising out of the performance or use of the service, even if Consultant has been advised of the possibility of such damages. c. Non -disclosure. City's use of the New STARS services is conditioned on City's agreement not to make the service or any of output of the system available to Consultant's competitors. Nothing in this provision prohibits the City from exporting data and formatting it for its own use or from making documents marked as 'public' known to the public. 25F-17 EXHIBIT D COMPENSATION Sales/Use Tax Analysis & Reporting Service (STARS) 1. Base Package Annual fee. During the Term of this Agreement and any optional extension thereof or any amendment thereto City shall pay Consultant an annual fee of Ten Thousand Dollars ($10,000) ("annual fee") payable in four equal quarterly payments as shown below, proratable on a quarterly basis for any contractual period less than twelve months. This includes a mutually agreeable number of Geo Areas. Consultant will invoice the City on a quarterly basis. Invoices are due and payable within forty-five (45) days of receipt. If this Agreement is terminated prior to its agreed to Term for any reason, the City remains obligated to pay Consultant the quarterly payments of the annual fee for the quarters before the effective date of termination. 2. Adjustments. The Annual Fee shall be adjusted at the beginning of each calendar year by the percentage change in the Consumer Price Index — Los Angeles -Riverside -Orange County (CPI-U) as reported by the Bureau of Labor Statistics. The initial Consumer Price Index used for the first CPI adjustment will be the Consumer Price Index— Los Angeles -Riverside -Orange County for the month in which the agreement is fully signed with the first adjustment to occur at the beginning of the Calendar year following the first full calendar year of service. For instance, if the initial agreement is signed in April, year 1, (reference initial Agreement (#A-2016-290 signed October 4, 2016) the adjustment would not occur until January of year 3. The adjustments thereafter will be based on the CPI-WU from December of the prior calendar year. Each Annual Fee adjustment shall not be less than two percent (2%) or greater than four percent (4%). The net annual fee including CPI adjustments shall not exceed Twelve Thousand Dollars ($12,000) annually, or Six Thousand Dollars ($6,000) on a sixth month basis. 3. Additional Paper Copies. Consultant shall provide City additional paper, bound copies of the STARS Reports upon City's request at the rate of $200 annually per additional copy, payable by City in quarterly installments of $50 per additional copy. 4. Additional Consulting. City may request via the Change Order process that MuniServices, and/or MuniServices' subcontractor(s), provide additional optional consulting services within the scope of the Agreement any time during the Term of the Agreement including any renewal term. If MuniServices and City agree on the scope of the additional consulting services requested, then MuniServices, or MuniServices' subcontractor(s), shall provide the additional consulting services on a Time and Materials basis. Standard Hourly Rates: Depending on the personnel assigned to perform the work, Consultant's standard hourly rates range from $75 per hour to $200 per hour. The following are sample hourly rates based on the job classification: • Principal: $200 per hour • Client Services: $175 per hour • Information Technology (IT) support: $150 per hour • Operational Support: o Director or Manager: $175 per hour o Senior Analyst: $125 per hour o Analyst: $100 per hour o Administrative: $75 per hour These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. 25F-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G; 3, 2C) ) P r CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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 Purchase Agreement for the real property acquisition, temporary construction easement, and goodwill (if any) with the property owner listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type Qwan Capital 1241 West Saint Anne Place Partial $20,500 (APN 015-215-10) DISCUSSION Bristol Street is a north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. The partial acquisition is necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1) of this project. The purchase offer was determined based on appraised values prepared by a California State licensed appraiser, and were accepted by the property owners. The total compensation includes $16,365 for the partial land acquisition and $4,135 for a 25G-1 Purchase Agreement for Real Property Acquisition Bristol Street Improvements Phase 4 June 19, 2018 Page 2 temporary construction easement, totaling to the amount listed above and shown in the attached agreement (Exhibit 2). 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 and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2017-2018 in the Measure M2 Street Construction Fund (Account No. 03217663-66100), subject to nonsubstantive changes. Edwin "William" Galy , P.E. Interim Executive Director Public Works Agency FM/EWG/JG/ST Exhibits: 1. Location Map 2. Agreement for APN 015-215-10 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25G-2 = -_ 408-330-17 i :T GERTRLDE PL i 1408471-01: i�,,��7••y-� -..n r w fs co 0 co m WARNER AVENUE ...-.. r....... . 1 L , -SUBJECT PROPERTY ®->COUIREO PROPERTIES SANTA ANA 'ua .m.s 1 — rwt i ST ANDREW PL CARLTON PL W fs J m MATICHLINE SEE TM LEr PURCHASE AGREEMENTS FOR PHASE 44 (PROJECT NO. IW41 NONOENERAL Omte& ®Qetld� A $ C) PAGE 1 OF 1 25G-3 25G-4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on , 2 018 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City' or "Buyer"), and QWAN -- CAPITAL, a California corporation (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A!'— Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1241 W. Saint Anne PI., Santa Ana, CA 92707) (APN#: 015-215-10) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seiler further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Sixteen Thousand Three Hundred Sixty -Five and no/100 Dollars ($16,365.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. &BE 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property and temporary occupancy, for the total sum of Twenty Thousand, Five Hundred and no/100 Dollars ($20,500.00). The sum of Sixteen Thousand, Three Hundred Sixty -Five and no/100 Dollars ($16,365.00), is compensation for the certain real property and improvements as shown in Exhibit "A". The sum of Four Thousand, One Hundred Thirty -Five and no/100 Dollars ($4,135.00), is compensation for the temporary occupancy of the property, which shall have a duration of Eighteen (18) months and is described and shown as 25G-6 attachments (Exhibits "C" and "D") to the Temporary Construction Easement deed. City and Seller agree that if construction of the project for which this PSA is being entered into does not begin within 24 months after close of escrow, the seller has an option to request additional compensation for the TCE based on the updated appraised value of the TCE as obtained by the City. City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. S. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Just Compensation. Seller acknowledges and agrees that said purchase 'price is just compensation at fair market value for said real property. U. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, .and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining 25G-7 to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263,615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 27 Cerrito Irvine , CA 92612. 14. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the Califomia Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California 25G-8 Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at se . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (11) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 23. Governina Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25G-9 24. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. 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 PSA, 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. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25G-10 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: QWAN CAPITAL, a Calorni9 corporation By: Date: Z 3 �� 8 s: J I LRN� Ff1 tM/h.J AG ING �l�s+'N�fL M Its: Date: CITYIBUYER: CITY OF SANTA ANA, a California charter city and municipal corporation Raul Godinez II City Manager ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: /A/ JgVn M. Funk A sistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez Acting Executive Director Public Works Agency Date: Date: Date: '�-Zh- IV Date: EXHIBIT "A" 25G-11 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 21 OF TRACT NO. 1383, PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1049'39" EAST, 30.00 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44050'53" WEST, 16.50 FEET; THENCE, NORTH 0006'22" EAST, 112.33 FEET TO THE WEST LINE OF SAID LOT. CONTAINING AN AREA OF 266 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'A-1', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. 25G-12 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrows check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts.. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25G-13 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION G 103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES x APPROVED AS TO FORM OY ATIY. APPROVED nY DWCFOR DESCp"Mn" RRIRQi ay DFSCRQ'r[0\ CHECXED.03 AP. NU BjER:01$•215.10 Rh4M1WP NtMrR PROIECi nUMRER 1241 W. Saint Anne Place, Santa Ana, CA 92707 DEm TUAIaFR GRANT.DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, QWAN CAPITAL, a California corporation Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1241 W. Saint Anne Place, Santa Ana, CA 92707 described as follows: SEE EXHIBITS "A-I"AND "A-2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : Dated : Its: 25G-14 EXHIBIT 'A -I' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 015-215-10 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 21 OF TRACT NO.1383, PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1049'39" EAST, 30.00 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44050'53" WEST, 16.50 FEET; THENCE, NORTH 0006'22" EAST, 112.33 FEET TO THE WEST LINE OF SAID LOT. CONTAINING AN AREA OF 266 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN (rkho.� PREPARED BY ME ONSEPTEMBER 22,2015 ANTHONY C. CUOMO, PLS 6042 25G-15 EXHIBIT'A-2' } \pN �-- 26.17'--I p= 40' � Nr 9l L+j I} Z W > L❑ CC NO. 6042 o ? J T 20 LOT 19 ,, cn I o_ a w I a z o 3 U i° I 1- I ° TRACT 1383 o o� M.M. 41/47� IJ N % . m C I wm + o- oz ♦o LOT 21 LOT 22 mm m °-c �- L1 N88° 10' 21' W a rrru 42. 95' N I v w w L2 5. 26' ' o w L3 N1°49'39'E CQ Z 30. 00' 02 111wo 513 %0 ru . 5� A ' I T RELB. O TU N o A=89'56' 35 N R=10.00 o 0 L=15.70Li OD n II N88010' 21' W ro J o ro 55, 22' I .20, 26'' I 1 P.�,C, 8 ST ANNE PL BRISTOL STREET IMPROVEMENTS — 1" = 30' PHASE IV WARNER AVENUE TO SAINT ANDREW PLACE PROJECT No. 11-6741 JOHNSON—FRANK i ASSOC.. INC. LAND SURVEYING -MAPPING AP No. 015-214-10 5150 E. HUNTER AVENUE SKETCH TO ACCOMPANY LEGAL DESCRIPTION ANAHEIM, CAUFORNIA 92807-2049 DATE 09-21-2015 SHEET 1 OF 1 (714) 777-8877 F.X (714) 777-1641 2010142-020 25G-16 ACKNOWLEDGMENT 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 On before me, (Insert name and title of the officer) personally appeared Name of Signer (I) Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/(ter/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my.hand and official seal. Signature of Notary Public (Seal) 25G-17 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE TIRS CAN'M TA S APPROYEOASTO FOMMAM. APPROVEDBY DMCIOR I DOCRMnov 1YR .'BY DUCRAMOV clwc x AP. NUMBER: 015-215-10 RAYNEAP MGM PROJEcr r'MMER 1241 W. Saint Anne Place, Santa Ana, CA 92707 DQDND ,m TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, QWAN CAPITAL, a California corporation ("GRANTOR"), Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY1, its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California, which is described on Exhibit 'C' (legal description) and depicted on Exhibit 'D' (plat to accompany legal description), which are attached hereto and made a part hereof (the "Property"), upon the terms set forth below. 1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of Eighteen (18) months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives, from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, property damages, loss of income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. GRANTOR understands and agrees that the release 25G-18 contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. 5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and the CITY hereto that this TCE contains the whole agreement between them as of this date and that any amendments or modifications thereto must be in writing and signed by the parties. The provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Executed this day of .20 QWAN CAPITAL, a California corporation 92 Its: M Its: 25G-19 EXHIBIT `C' LEGAL DESCRIPTION FOR RIGHT OF `VAY PURPOSES — AP No. 015-215-10 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 21 OF TRACT NO. 1383, PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1 °49'39" EAST, 30.00 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44050'53" WEST, 16.50 FEET; THENCE, NORTH 0006'22" EAST, 112.33 FEET TO THE WEST LINE OF SAID LOT. THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID LOT 21 AND NORTHERLY IN THE NORTH LINE OF SAID LOT 21. CONTAINING AN AREA OF 650 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN ��SEO�NO SU PREPARED BY ME ON SEPTEMBER 22, 2015 gathol-Cuomo ANTHONY C. CUOMO, PLS 6042 `/60 _ L. No. 42 yj 25G-20 I- 26.17'-- o �=aON11 C/CG?G�\ 41' qr N0. 6042 � O C� 1 FOF cp"- Cj-� H } V7 W o > LOT 20 LOT 19 I rn I o_ A z 1 o U 5' e Z. ° TRACT 1383 Y o M.M. 41/47 J ' Z C I o US m o ~ coLOT 21 LOT 22 i� 3A W N W IW MN m �-� L1 N88. 10' 21'W ;D N 42.95' 1 1 w w L2 5.26'' I: o w L3 N1°49'39'E 02 z , W 30. 00' °° 5 53 0 OF 1 110 Naa°5 ro 16. 3 • 1 A 5' T.P.❑.B. O ro I 0 1 A=89. 56' 35' W N o R=10.00 L2 I o L=15.70' L1 ao 1CD w N88010' 21' W I J ro 5!L 22'. .20, 26" I i P.❑,C, m ST ANNE PL BRISTOL .STREET WIDENING - PHASE IV WARNER AVENUE TO'SAINT ANDREW I- = 30' PLACE PROJECT No. 11-6741 TEMPORARY CONSTRUCTION EASEMENT 2010142-020 25G-21 ACKNOWLEDGMENT 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 validitv of that document. State of California County of On before me, personally (Insert name and title of the officer) Name of Signer (1) Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) 25G-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: RECOMMEND AWARDING YOUTH PROVIDER AGREEMENTS TO THE ORANGE COUNTY CHILDREN'S THERAPUTIC ARTS CENTER, THE ORANGE COUNTY CONSERVATION CORPS, AND THE SANTA ANA PUBLIC LIBRARY FOR PROGRAM YEAR 2018-2019 (STRATEGIC PLAN NO. 2,4) CITj MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of Council to execute contracts and memorandum of understanding for a total amount of $484,445 with the following Youth Service Providers for a one-year term beginning July 1, 2018 through June 30, 2019 subject to final funding notification for Grant Year 2018 from the United States Department of Labor and the California Employment Development Department and allow non -substantive changes approved by the City Manager and City Attorney: a. Orange County Children's Therapeutic Arts Center - $184,000 To provide occupational skills training in the areas of office administration, mental health paraprofessional, and childcare worker certification, job preparation, paid work experience, tutoring, mentoring, counseling, and supportive services, for 22 youth; b. Orange County Conservation Corps - $180,000 To provide alternative secondary education that leads to a high school diploma, credential training in forklift operator, safe food handling, customer service, computer software, job preparation, paid work experience, post -secondary education resources, and support services for 22 youth; c. Santa Ana Public Library - $120,445 To provide post -secondary occupational skills training in the areas of digital technology, computer maintenance and repair, paid work experience, leadership development, tutoring, and mentoring for 15 youth. 25H-1 Recommend Awarding Youth Provider Agreements For PY 2018-2019 June 19, 2018 Page 2 WORKFORCE DEVELOPMENT BOARD ACTION At its regular meeting on May 17, 2018, by a vote of 13:0 (Lewis, Luviano, Perez, Ruiz, Sanchez absent) the Workforce Development Executive Committee approved the recommended action. DISCUSSION Under the authority of the Workforce Innovation & Opportunity Act (WIOA), the Santa Ana Workforce Development Board (WDB) and its Youth Council are required to procure and fund Youth Service Providers to provide WIOA services to local eligible at -risk youth. Under the new legislation of WIOA there are six Performance Indicators, a requirement that at least 75% of the funds are spent on Out -of -School Youth, that 20% of youth funds are used for work experience activities, ensure youth services incorporate the mandated 14 WIOA Elements, and that at least 80% of the WIOA youth funds are obligated annually. January of 2015 a Request for Proposal (RFP) was released seeking organizations to provide WIOA youth services. This RFP and selection process is valid for a four-year period and available to the WDB to recommend contracts thru June 2019. For the past three years the WDB has funded youth services thru the Orange County Therapeutic Arts Center, Orange County Conservation Corps, City of Santa Ana, Library, and the Orange County Labor Federation. Last year the Orange County Labor Federation withdrew as a Youth Provider and was not funded this current program year. At the April 12, 2018 Youth Council meeting, an amended motion was approved to fund the same three agencies and increasing the award amounts equally between the Orange County Conservation Corps and Orange County Children's Therapeutic Arts Center by $20,000 due to the Santa Ana Public Library's request to reduce their award to serve 15 youth instead of 22 youth. The Santa Ana Public Library cited staff capacity to continue to serve 22 youth and meet the rigors of the WIOA grant requirements as the reason for not pursuing the program moving forward, At this time, funding for WIOA has been approved by Congress however, the Department of Labor has yet to announce and release the youth grant allocations for PY 2018-19. Because the new fiscal year is near, staff is recommending to proceed with the recommended action. Should funding be less than last year's, staff would reduce each provider equally by the same reduction percentage. Currently all three providers are fulfilling their contractual obligations. As we transitioned from the Workforce Investment Act (WIA) to WIOA there are no youth performance measures to report for the PY 2016-17. Staff anticipate being able to report performance outcomes next year as some of the performance measures take a full two years to complete. 25H-2 Recommend Awarding Youth Provider Agreements For PY 2018-2019 June 19, 2018 Page 3 Below is a graph of the socio-demographic barriers and activities of the youth enrolled in the PY 2017-18 WIOA grant: Participant Characteristics PY 2017-18 (As of 5/31/18) 60 53 50 30 28 ?0 12 14 10 11 to 1 1 0\1 011 �4i ar�4 V+ q�Ci 1Q` Ao\ Q s' Strategic Plan Alignment Approval of this item supports the City's effort to meet: Goal #2 Youth, Education, Recreation (Objective #4 Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). 25H-3 Recommend Awarding Youth Provider Agreements For PY 2018-2019 June 19, 2018 Page 4 FISCAL IMPACT Funds for these agreements and memorandum of understanding is anticipated to be available in the WIOA Youth account (no. 12318750-69135) upon City Council's adoption of the fiscal year 2018-2019 budget. APPROVED AS TO FUNDS AND ACCOUNTS: Steven A. Mendoza Francisco Gutierrez Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibits: 1. Agreement with Orange County Children's Therapeutic Art Center r� 2. Agreement with Orange County Conservation Corps 3. Agreement with Santa Ana Public Library 25H-4 EXHIBIT 1 Workforce Innovation & Opportunity Act Youth Program Provider ®range County Children's Therapeutic Art Center 2018-2019 EXHIBIT A 25H-5 - 11.01 Iff AGREEMENT UNDER THE WORI&ORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 15t day of July, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Therapeutic Arts Center, a non-profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 014317940 ("SUBRECIPIENT"). RECITALS: A. CITY has been designated under the Workforce Innovation and Opportunity Catalog of Federal Domestic Assistance (CFDA) Number (FAIN) AA253421455A6. a Local Workforce Development Area (L)ArDA) Act of 2014, Public Law 1-113-128 ("the Act"), Number 17.259 and Federal Award Identification B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attaimuent by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program"). D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.33l(a)(1)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. 2 5 H -6 Page 1 of 17 EXHIBIT 1 B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 658.411. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaintsrelating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition ofthis award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll records and job duty statements. 25H-7 Page 2of17 EXHIBIT 1 2. SUBRECIPIENT agrees to forward to the Santa Ana Work Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana Work Center Administration. 3. C1TY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, and records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and Participants related to this Agreement, Such agencies or representatives shall also schedule on - site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. Ic SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement 2 5 H -$ Page 3 of 17 EXHIBIT 1 contract. Accounting records must be supported by such source documentation as invoices, bills, statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents (2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (I Oth) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRBCIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, C= shall have the option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200,500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPMNT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds, N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CrrY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 2 5 H -9 Page 4 of 17 EXHIBIT 1 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the eamings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit F"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity, II. CITY'S OBLIGATIONS A. On Date,.Pendipg the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $pendine or fiscal year 2018-2019. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $E8 W."0D for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit G" and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. 25H-10 Page 5of17 EXHIBIT 1 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. M. TERM OF AGREEMENT A. This Agreement shall commence on July 1, 2018, and all duties arising under this Agreement shall have been performed by June 30, 2019. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Tenn, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. 25H-11 Page 6of17 EXHIBIT 1 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, V. WORI{ER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees ` or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. Vl. APPLICABLE C- A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to'the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 211 quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 4' quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2"d quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, 25H-12 Page 7of17 State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the W1B Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CPR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this 25H-13 Page 8of17 EXHIBIT 1 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY, 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVT, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13, PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. 25H-14 Page 9of17 iacu4Isi C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will betaken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business InvolvingClose lose personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for SUBRECIPIENT to conduct business with a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or 25H-15 Page 10of17 EXHIBIT 1 a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f. Salary and Bonus Limitations. All Subrecipients of WIOA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. VII. HOLD HARMLESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VHI. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volumteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY (in substantially the form as 25H-16 Page 11of17 EXHIBIT 1 Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, Participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage, Governmental entities may substitute a certificate of self-insurance. 3. Workers' Comnensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to Califor is Labor Code Section 3350, et seq. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection. against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATESTATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 25H-17 Page 12of17 EXHIBIT 1 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. 2 5 H- 1 8 Page 13 of 17 EXHIBIT 1 SUBRECIPIENT shall hnmediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless the dispute involves a change order. 25H-19 Page 14of17 EXHIBIT 1 XVII. BREACH -SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph XVM herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: C1TY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA 92702 CLERIC: 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 SUBRECIPIENT: Orange County Therapeutic Art Center 2215 N. Broadway, Santa Ana, CA 92706 Phone: (714) 547-5468 Fax: (714)564-6990 M. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 2 5 H -2 0 Page 15 of 17 XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 2 5 H -21 Page 16 of 17 EXHIBIT 1 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: Pjan odge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency (Ow "CITY" M Raul Godinez II, City Manager &Y l: t yiii W1 Name: Dr. Ana Jimenez-Hami Title: Executive Director Tax ID #: 33-0930891 25H-22 Page 17 of 17 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 1. Experience/Qualifications: A. Agency description -The Orange County Children's Therapeutic Arts Center (OCCTAC) is recognized as one of Santa Ana's leading community builders for children, youth and families. We prioritize on serving at -risk youth, foster youth, and youth with disabilities, including: learning disabilities, health impairments, developmental disabilities, and others. Our programs integrate youth with and without disabilities in a nurturing, community -based environment that teaches respect, disability awareness, and full inclusion. List the facility address and address of headquarters if different location. Please Include major cross streets. OCCTAC is located at 2215 N Broadway, Santa Ana, CA, 92706.Our major cross streets are North Broadway and Buffalo. C. Indicate hours of operation for facility `TM'x5V $-11: .,w'ti. �� o a@@Ie, �. ,. a sc�a K, L a A,r.,d 1! G''" 3• alsd , -ij la; v. rt YSaiUr aY.fi:J '7$I�n d Y Hours 8:30 a.m. - 8:00p.m. 8:30 a.m. = 8:00 p.m. 8:30 a.m: 8:00 p.m. 8:30 a.m. - 8:30 a.m. 8:00 p.m. 7:30 p.m. 8:30 a.m. - 4:00 p.m. Closed D. Briefly Indicate what makes your facility youth friendly and suitable for the proposed program. OCCTAC has been providing great programs for Santa Ana youth during the past 15 years! We prioritize on a wide variety of programs that motivate and engage youth in a stimulating and friendly environment. Also, we are strategically located close to bus terminals for the convenience of the youth; and our facility Is compliant with all ADA guidelines and regulations, In summary, our facility, hours of operations, location, and wide variety of programs make our services very accessible, a facility youth friendly and suitable for the proposed WIOA program. E. Provide brief Information on the following elements: 1. Average annual operating budget and sources of revenue - The average annual operating budget for the OCCTAC is approximately $750,000. OCCTAC's sources of revenue come from a variety of sources, including: county contracts, grants, fee for service, private donations, public donations, and fundraising. 2. Brief description of staff - OCCTAC is staffed by highly qualified bilingual staff, Including: credentialed teachers, artists, therapists, counselors certified to provide services to youth with and without disabilities. There are 7 Full-time staff and 40-Part-time employees who are employed in various classes and programs at our agency. a. Executive Director —Dr. Ana Jimenez -Ham! is the Founder and Executive Director of OCCTAC. She earned a doctoral degree in the fields of Educational Psychology and Special Education. She is also an Adjunct Faculty at Chapman University in the School of Education. Dr. Jimenez will be responsible for supervising the WIOA staff and ensure the success of the program, as well as monitoring the budget and overall program goals. Time allocation for this program is 20%- this is not a W10A funded position. 25H-23 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal b. Accounting Clerk- Veronica Maldonado has been working at OCCTAC for seven years. Prior to working at OCCTAC, she worked at Digital Spectrum Solutions for 9 years as an accounting clerk and 3 years at Towne Inc. Her 12 years of experience in Accounting Include: Accounts Receivable, Accounts Payable, and $12.OM Accounts reconciliations, Mass Merchant experience: price protection, marketing and co-op program monies, RTV deduction, research analysis & problem solving payment data issues, MAS90, EDi, and QuickBooks accounting software experience. Time allocation for this program is 23%- see budget narrative. c. WIOA-Program Coordinator- Will hold a Bachelor's degree in Social Sciences or related field. They will have 3 years of experience working with transitional age youth (16-24) and minimum one year of experience working with youth with disabilities. Coordinator will work closely with the Case Manager in order to evaluate the youth for needs and allocate supportive services. Coordinator will assure that WIOA staff are meeting goals with youth, plan program year according to the 14 program elements in WIOA Directive. Time allocation for this program is 83%- see budget narrative. d. WIOA-Case Manager/Job Developer— Will hold a Bachelor's degree in Social Sciences or related field. They will have 3 years of experience working with transitional age youth (16- 24) and minimum one year of experience working with youth with disabilities. Case Manager will work closely with the youth in order to plan a program around their needs and assist them in achieving their goals. Time allocation for this program Is 75%- see budget narrative. e. Career Counselor— Will hold a Bachelor's degree in Social Sciences or related field. They will have 3 years of experience working with transitional age youth (16-24) and minimum one year of experience working with youth with disabilities. The career counselor must also have experience working with the different academic levels of 91h grade to 2nd year of college. The career counselor will assist youth with career exploration and provide academic support in order to help achieve performance goals. Time allocation for this program is 63%- see budget narrative. f. Arts/Technology Mentor —Arts and technology mentor will teach and mentor youth that are exploring their interests in the fields of art and technology. They are required to have some college education and have a job in the field of arts and technology. Time allocation forthis program is 25 % - see budget narrative. g. The Literacy/Math Tutor/Coach —The literacy/math tutor will provide one-on-one tutoring sessions in the area of Literacy and/or Math. The main role of the tutor will be to facilitate learning through effective guidance and coaching in order to aid the student in becoming a successful, independent learner in the subject matter. The purpose of tutoring sessions will be to increase and enhance mastery of grade -level reading comprehension 25H-24 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal skills, writing abilities and math. Time allocation for this program is 30% for the literacy coach and 30%for the math coach - see budget narrative. 3. Past experience with WIOA programs or other youth programs - OCCTAC has been serving Santa Ana youth since the year 2000. For the past 17 years, OCCTAC has provided a wide variety of programs to the community, and served students of all ages, including young children and older youth (with and without disabilities). OCCTAC has operated W!A/WIOA programs for almost 10 years, since the year 20051 Every year our program grows and demonstrates success with our WIOA participants. We are very proud and excited to see the successes and great outcomes of our WIOA youth, year after year. 4. What kind of impact has your organization made on the youth community - OCCTAC has had a tremendous Impact on the Santa Ana youth communityl We are very proud of our accomplishments throughout the years, and especially our success stories with our "WIOA Youth"I As stated before, OCCTAC is committed to empoweringyouth with disabilities, foster youth and high school drop -out students, so they can reach their fullest potential in life. Through our innovative approach, which combinesthe arts, education, health and technology programs, participants are motivated, engaged and involved in a variety of programs at OCCTAC. In 2015-16 our WIOA participants attained employment/entered education at a rate of 70% attained a credential at a rate of 100% and attained Literacy and Numeracy gains a rate of 100%1 These outcomes demonstrate the commitment and dedication of our wonderful WIOA program staff. 2. Proposed Program: A. Provide an overview of the program's main objectives. - The WIOA program is an extension of our current educational services provided to older youth (with and without disabilities); it empowers and educates youth, and provides life -changing opportunities. OCCTAC has been working with WIOA participants since 2005. The WIOA program at OCCTAC will provide all 14 WIOA elements, including: educational services, job training, paid work experience, adult mentoring, literacy & math tutoring, career & educational counseling, alternative secondary school services, occupational skills training and education, supportive services, certificate programs, leadership opportunities, comprehensive counseling, financial literacy, entrepreneurial skills training, labor market information, activities to help youth prepare for post- secondary education and follow-up services. The basic program will take place primarily at our community -based center in Santa Ana. Participants will engage in a variety of educational and job training activities, including classroom and workshop instruction. Participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and weekly workshops. Also, WIOA participants will also engage in weekly "hands-on" work experience and job training opportunities at our agency and other offsite job trainings in the community. Please see below Table 1 for an overview of the program timeline for the entire year. 3 25H-25 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal TABLE 1— Program Timeline from July 2017 —June 30, 2018 pro ram Timellrie ' "fro' �l..g 1 , ' r::. � . bra.: r r,,.; raTt AC_tly ties &Tea in e N _ ', i; Month 1.2 • Orientation of program and services with Case Manager Objectives: • Employability/Job Skills assessment with Case manager Program Overview, • Basic Skills/Academic levels assessment with Literacy and Numeracy tutor Assessments, • Career interest assessment and survey with Career Counselor Participant Goals • Determine Employment and Academic goals • Initiate bi-monthly meetings with Case Manager to discuss goals and service needs of participants Months 3.8 • Initiate paid work experience Obiectives: • Initiate weekly Leadership/Job/Life skills workshops Educational Guidance, • Initiate weekly tutoring of Literacy and/or Numeracy skills Tutoring, Vocational • Continue bi-monthly meetings with Case Manager to discuss progress Training, Job Training, • Continue monthly meetings with Career Counselor for academic guidance Workshops & • Continue monthly support group with other WIOA participants and staff Work Experience Month 9.12 Continue bi-monthly meetings with case manager to discuss program goals, Objectives: and for intense employability skills and job search training Employability/Job Skills Continue tutoring, if necessary & Job Search • Continue monthly life skills training • Continue weekly workshops with WIOA participants and staff B. Please see below in sections III-XV a full description of the program. 3. Population: A. Describe the total number of youth that will be served by this grant. -The WIOA program at OCCTAC will serve a total of 20 WIOA participants. The program will serve 16 out of school youth (ages 16 — 24) and 4 in -school youth (ages 16 — 24) for a total of 20 youth. B. Describe the age range of the youth that will be served —The W10A program will serve in - school and out of school youth 16 — 24 years of age. C. Describe any minimum requirements that youth need to have in order to be enrolled Into your program (aside from the WIOA Youth eligibility requirements). Aside from the basic WIOA requirements of being a Santa Ana Resident (16— 24 yrs.), and having a right to work documentation, our participants have to complete the following: 1) complete a background check, 2) obtain a negative TB test, and 3) attend a mandatory orientation session before completing the eligibility documentation. D. Special consideration for organizations that can serve the following youth populations: (75% of Out -of -School youth (required); 10% of youth with disabilities; 10% of foster/emancipated youth; 10% youth that have dropped out of high school and 10% of youth on probation). See below Table 2 for past Enrollment Numbers. W 25H-26 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Table 2- Percentages of Youth Population served at OCCTAC ti .I,_t — "nzia r rf<< ` 75% a I a ,"1� 75% 80% Out of School Youth Youth with Disabilities 25% 25% 50% Foster Youth 15% 15% 5% High School Dropouts 15% 30% 20% Youth on Probation 5% 0% 0% Homeless Youth 5% 5% 10% As seen on Table 2, OCCTAC has exceeded the minimum percentage required by this grant in most youth population categories, except for youth on probation and youth that are homeless. Therefore, this year we will focus more on enrolling the "youth on probation" and expand our network and community partnerships to ensure the minimum of 10%for these target populations. We will continue to strengthen our community partnerships with the Santa Ana Unified School District, Community Day High School, as well as expand with others, such as, the Santa Ana Police Department, etc. E. Specify how the targeted youth populations (out -of -school, youth with dlsabil!Nes, foster/emancipated, probation, dropouts) will be recruited - OCCTAC has excellent community partners that will help us fulfill our enrollment goals through referrals, and help us provide an excellent program for all our youth. 1. Target group - Youth with Disabilities: OCCTAC has had a strong partnership with the Santa Ana Unified School District, Special Education, and Transition Partnership Program (TPP) during the past 11 years, In order to serve youth with disabilities exiting high school. This year we will expand this partnership by also serving the In -school youth population with disabilities. In partnership with the SAUSD TPP program staff, we will ensure that our enrollment goals will be met by the first quarter. The Case manager will work closely with the SAUSD, TPP staff for referrals of youth with disabilities, and to make sure that our participants will be successfully attain all their goals! 2. Target group — Foster Youth/ Emancipated: OCCTAC has partnered with the County of Orange, Social Services, Children and Families Services Division, Olive Crest and Orangewood to continue to serve more emancipated foster youth. OCCTAC has been a partner with the County since 2007, We are looking forward to continue to grow and strengthen our partnership with the County, Social Services to continue to provide and expand work experience placements, vocational training, academic /employment services and mentoring to foster youth in Orange County. 3. Target group— Probation Youth: In partnership with the City of Santa Ana and the Santa Ana Unified School District, OCCTAC has started a partnership with counselors and probation officers that work with this population. 25H-27 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 4. Target group — High School Dropout Youth: In partnership with the Santa Ana Unified School District and Pupil Support Services/School Climate Department, OCCTAC will target and serve the high school dropout youth in Santa Ana. Also, in partnership with College and Career Preparatory Academy we obtain referrals from Janet Gamache which refers youth that have dropped out and are Interested in our service. We are looking forward to creating and growing our partnership with the Santa Ana Unified School District to continue to provide and expand work experience placements, vocational training, academic/employment services and mentoring to youth who have dropped out yet want to achieve their high school diploma. Lastly, OCCTAC will continue to conduct community outreach and special community events throughout the year to promote our programs and inform the youth in the Santa Ana community about this wonderful WIOA program. Some of these community events include Expos, Health Fairs, Summer Family Festivals, etc. These events aid in the promotion of our services and recruitment of youth. These events are staffed by employees and volunteers at OCCTAC, as well as youthl WIOA participants are also encouraged to participate in these events as a way to gain leadership skills, work experience, and practice with public speaking. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment C. G. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2015) — Please see Table 3 below. Table 3 — Recruitment Plan to ensure 100% enrollment of youth by 2nd quarter a +h :Plan. a ,+ r .MaY,4°t v Jyne i"' 'k 3u1y u.t.z �:-:m v. .}�,rk Aug st, <-X....Septe}ntier {a > .OcCpb Orientation Last Friday of Last Friday of the Last Friday of the Last Friday of the Last Friday of What is the month month Month Month the Month W IOA7 Presentations All High School All Youth In Classes with orangewood children with and Olive Crest disabilities In Meetings the Santa Ana School District Outreach Summer Summer Attend all back to Provide Community Fairs Community Fairs school community Information and Events— and Events events — attend at noche de Provide Flyers to transitional altars event all community partnership agencies In Santa community event Ana Referrals Inform Set appointments Set appointments Set appointments Set community with all youth with all youth with all youth appointments partners that we referred to referred to referred to program with all youth will start taking program program referred to referrals staring program July 1°' Contact Youth contact all Set appointments Set appointments 25H-28 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal youth that with youth with with youth with where prior Interest prior Interest Interested in WIOA 2016- 2017 year after full enrollment. 4. Assessment: A. Youth Service Providers are required to use the Test for Adult Basic Education (TABE) assessment tool, but may use other assessment tools upon approval. — Yes, of course. TABE testing will be used to asses all WIOA Youth[ B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. — At Intake, all participants will be given a TABE test to determine the participant's Educational Functional Level in literacy/Numeracy. The TABE test will determine the needs of the participants in both academic areas. Additionally, theywill aid in the facilitation of the weeklytutoring sessions. Youth will be assessed after 3 months of tutoring to see their progress In each academic/subject area being tested. If the youth goes up by 2 grade levels or more, the youth can take the final Post Test assessment. All participants will continue with the tutoring sessions if they score under 9.1 level. C. Describe knowledge of the barriers that youth encounter - OCCTAC's primary focus will be youth with disabilities, foster youth, high school dropouts and Homeless youth. OCCTAC realized that there is a desperate need in serving youth who are HS dropouts in addition to foster youth. This data is reflective on the youth we are currently serving during the 2016 —2017 program year. Out of the 20 youth served, 5 had a disability, 6 were HS dropouts, 3 foster youth, and 1 homeless youth. D. Specify how your organization will address the barriers that youth encounter - OCCTAC WIOA staff is very dedicated (and has been for the past 11 years!) to this amazing program for our Santa Ana youth. We are committed to ensure that all participants overcome the barriers they face in a variety of ways. All youth will be assigned to a TEAM of dedicated staff and passionate individuals who will mentor and assist youth duringthe entire program year. First, a Case manager will be assigned to all youth to provide mentorship, while also assisting In the attainment of employment goals, such as writing a resume and preparing for an interview. In addition, the participants will also be required to attend monthly job skills/life skills workshops focusing anywhere from employment attainment/retention, to howto improve and change their own personal lives, and the community in which they live! Furthermore, to aid in academic barriers that youth experience, they will be assigned to an Educational counselor who will provide direction and coaching on any academic aspect,. such as scholarship writing and enrollment Into an institution of their interest. This service 7 25H-29 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal is crucial for all youth participating in the program because it will allow them to learn about various academic paths, including vocational training, HS recovery programs and 4-year institutions, while narrowing down a career of interest and actually committing to a program. In addition, all participants will be provided with tutoring, psychological counseling (if needed), and other important support services. OCCTA's environment is very nurturing, fun and supportive, and provides youth opportunities to maintain a high level of involvement in our programs. WIOA youth are supported emotionally throughout the entire year at OCCTAC, and are provided with a positive and welcoming environment that also encourages youth to partake on various leadership roles within the various programs and activities at our agency. These additional activities provide youth with an opportunity to gain self-confidence, self-esteem and leadership skills, and also experience a safe haven at our center. Our goal is to empower youth and provide a life changing opportunity through this WIOA programl 5. Paid & Unpaid Work Experience: A. Describe in detail the paid and unpald work experience opportunities that will be offered to the youth such as, Summer employment, Pre -apprenticeship programs, Internships or job shadowing, and On -the -Job training opportunities. Youth will engage in weekly "hands-on" work experience and job training opportunities at our agency and other community sites. The following tables (Tables 4, 5 & 6), demonstrate the variety of programs that we offer at OCCTAC and at offsite work experience locations, WIOA participants can choose from any of these programs/fields to fulfill their career goals and work experience. Please see below Table 4 for an overview of the various "hands-on" job -training programs, mentoring and work experience opportunities at OCCTAC. TABLE 4: Mentoring & Job Training Programs at OCCTAC r$'abf r, Job CLe , 3 • . Placement & 3,8 � n EdUc t ohal raining i 1�ariing ' u• Work`Experte ce �" Gtu Health Case Manager Intern OCCTAC, MECCA and SAC Curriculum & Case Community Sites *State Certificate Program Management Child Care Child Care Worker Early Start Program at SAC Curriculum OCCTAC and Wilson *State Certificate Program Elementary School Office/Reception Executive/Administrative OCCTAC office SAC curriculum Customer Service Assistant & Community sites *State Certificate Program Computers Education Tutor or Learning Academy at OCCTAC & Host Curriculum Instructional Assistant OCCTAC & community sites I=1 25H-30 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Education Teaching Assistant Early Intervention/ Early Start Program at OCCTAC First Five Early Childhood curriculum, High Scope & "Hands on Training" Arts Education Teaching Assistant After -School Arts Program CA Performing Arts Standards at OCCTAC and Engage Curriculum and "Hands-on" Arts 360 at various SAUSD Training schools Technology Technology Assistant Computers/Media LAB at SAC, Digital Media Center Graphic Artist OCCTAC & Santa Ana OCCTAC curriculums & Audio Engineer Intern Business Owners "Hands-on" Photoshop & Film Production Intern St. Andrews Church Illustrator, & graphic design Rytmo & other Recording training, Recording Technology Studios Training Softwares, Pro -Tools & Sybeliius Furthermore, WIOA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands-on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work experience as possible. TABLE 5: Additional Job Training Programs for W10A Youth mentored by NON-WIOA staff Early Start Program The Early Start program Is and early intervention program Mondays & Tuesdays that Integrates very young children (6 months to 3 years of 8:30 am —11:30 am age) with and without special in a natural community Fridays environment with their parents. It aims at enhancing 8:30 am —10:30 am students' cognitive, language, motor and social development. Pre -Kinder Arts The Pre -Kinder Arts program is a bilingual school readiness Wednesdays & Program program that serves children ages 3- 4 years old. The Thursdays parents and children work together in a creative and 8:30 am —11:30 am nurturing environment by engaging in music, art, literacy, Fridays and parenting classes to prepare children for school. 10:30-12:30 pm After School Arts The ASA for Life program provides artistic training in the Monday —Friday Program fields of Music, Visual Arts, Dance, Musical Theatre, and 3:30 pm —8:00 pm Technology training to at -risk youth, and children with and Saturdays disabilities in the community. 9:00 am-4:00 pm Therapeutic Arts This program serves children and youth with disabilities of Monday —Friday Program all ages and special needs, including: learning disability, 3:30 pm —8:00 pm health impairments, physical disability, developmental Saturdays disabilities and others. 9:00 am —4:00 pm Learning Academy & This program provides homework support and tutoring to Monday— Friday Tutoring Program students (ages 5 —16 yrs) In Language Arts (reading and 4:00-8:00 pm writing), math, and other academic subjects. Saturdays 9:00 am —5:00 pm OCCTAC This program provides outreach, prevention, referrals and Monday— Friday Family Wellness engagement with individuals at -risk of mental health 8:30 am — 8:30 pm Program problems. Other support services Include parenting, and weekends counseling, and support groups. 25H-31 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal B. Special consideration will be given to organizations that can prepare youth for targeted in - demand industries as identified in the SAWIB's five-year plan: (Manufacturing/Advanced Manufacturing, Healthcare and associated social services, Hospitality/entertainment and Green/clean/environment). OCCTAC's Youth employment program targets 3 of the in - demand industries stated above 1) Healthcare 2) Social services and 3) Entertainment/Arts, C. Special Consideration for organizations that offer job training/preparation in the Industries of: Science, Technology, Engineering, the Arts and Math. OCCTAC offers job training/preparation in three of the industries mentioned above: 1) Technology, 2) the Arts and 3) Education/Math. D. List some of the employers that will assist in the paid and unpaid work experience opportunities. Please see below Table 6 for offsite job trainings for our youth. TABLE 6: Mentoring & Job Training Programs OFF SITE ROGEttil a uud175 -{ PTION ,r X , D �1 IfvS> �. 4. �..::.?.. Genesis Bridal Administrative Assistant/Customer Service Asslstant/Social Monday -Sunday Boutique Media & Outreach: Intern is responsible for making calls to previous and Interested clients, conducting outreach events such 10:00am-6:00pm as creating and distributing flyers and business cards. Intern is also responsible for speaking with clients by showing them the boutique and answering questions about boutique merchandise. Intern will help with computer programs, such as translation State Farm Administrative Assistant/CustomerService: Monday -Friday Insurance Intern is responsible for answering phone calls and directing them to their designated department. Intern is also responsible for 8:00am-5:00pm printing, organizing, and filing documents. Intern will be responsible for assisting clients with questions on Insurance and providing an overview. Teresa'sJewelers Administrative Assistant/CustomerService: Intern Is responsible Monday -Saturday for making calls to previous and Interested clients and Inform on merchandise. Intern Is also responsible for answering phone calls 9:00pm-6:00pm and providing assistance to clients and directing them to the necessary department. Intern will also work with clients In person and assist with any questionsabout jewelry merchandise. Chick-Fil-A Team Member: Guest service job duties include greeting Monday -Saturday customers, taking customer orders, and completing transactions on the cash register. Food preparation duties consist of cooking 630am-10:00pm food and assembling sandwiches. Additional team member duties include operating the drive-thru window, unloading deliveries, and maintaining a clean store environment. Youth on the Move Administrative Assistant/ Social Media Intern: Monday -Friday Education Intern is responsible for computer literacy, updating social media, International making phone calls to participants to update contact Information, 8:00am-6:00pm and some fundraising. Intern is also responsible for clerical duties such as filing documents, answering phone calls and scrapbooking. 30 25H-32 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Shakespeare Graphic Arts Intern/Marketing Intern/Adminlstrative Assistant: Monday- Saurday Orange County Intern Is responsible for assisting In the creation of logos and flyers for marketing. Intern is also responsible for updating social 9:00am-6:00pm media and some administrative duties such a flung, organizing, and data entry. E. Include Letters of Commitment from employers as Attachment D. Please see attached letters of commitment to OCCTAC from various community partners/ employers for our youth. Attachments include letters of Commitment from: Lllla Cerpas (Genesis Bridal Boutique), Eddie Quillares Jr. (State Farm), Teresa Saldivar (Teresa's Jewelers), Heather Sanders (Chick-FII-A), Dr. Patricia Adelekan, DTM (Youth on the Move Education International), John Walcutt (Shakespeare Orange County). F. Include a copy of the Work Experience policy as Attachment E. Please see attached OCCTAC's Work Experience Policy, 6. Alternative Secondary School Services: A. Describe In detail the alternative secondary school services or dropout recovery services that will be made available for youth. Youth will meet with the Educational Counselor at least once a month to receive assistance as they decide to pursue their education. Youth and Counselor will meet and create monthly goals, which will lead to youth obtaining their diploma/GED. Counselor will provide youth with the various options available to them and will provide guidance along the way. Counselor and youth will write down the path youth decides to take. Counselorwill check in with youth periodicallyto ensurethat youth is fulfilling all requirements. Prior to meeting with youth, the Educational Counselor will research the alternative secondary school services available near the youth. Counselor will gather information in terms of: requirements, costs, rules, schedules, entrance exams, etc. After conducting research, the Counselor will meet with each youth to obtain a better understanding of the participants' needs. During this meeting, the Counselorwill gather more information relevant to the youth's needs. Together, Counselor and youth will conduct further research and ultimately find the program that best suits the participant. Then, they will call and set up an appointment to meet with the representative of the program. The Counselor will attend the meeting to advocate for the participant's best option, After this meeting, the participant and the counselor will strategize on how to further proceed. During that period of time, the Counselor will provide youth with additional services such as tutoring, time management lessons, and study skills. Also, the counselor will provide youth some examples of alternative secondary school services located in Santa Ana, provided below in T. B. Table 7 —Alternative Secondary Schools located in Santa Ana i IN -A � _ } College and Career 1699 E. Wilshire Ave., 14) 796-8795 http://www.ocde.us/CCP N/A Pre arato p ry Ste. 606 /Pages/default.aspx cadem anta Ana, 92706 ommunity Day High 804 N Fairview St. 14) 796-9000 httli://www.sausd.us/Page/i N/A 2603 chool Santa Ana CA 92703 11 25H-33 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Independent Study Program 333 E. Walnut St. Santa Ana, CA 92701 714) 565-5400 htt ://www.sausd.us//site/`D N/A PEX (online classes) efault.aspx?PafzelD=16692 Hill view High School 154000 Lansdowne Rd. Tustin, CA 92782 714) 730-7356 http://www.tustin.kl2.ca.us N/A Continuation School (Credit Recovery) hillviewhs Santa Ana College— School of Continuing Education 2900 W. Edinger Ave, Santa Ana, California 92704 714) 241-5720 https:/Jwww.sac.edu/Contln N/A Adult High School Diploma Program ti0n Pro rams Pa hool.as x s —Centennial Center &Santa rdne C. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. All Youth will be encouraged to continue their education, since this is such an Important factor in their overall Improvement and success in life. Youth will work closely with the Educational Counselor on a one-on-one basis where they will receive encouragement and guidance. Youth will be encouraged to attend field trips throughout the year, and be exposed to different college campuses, as well as a wide variety of majors. By visiting a variety of colleges, youth will better understand the application process as well as all requirements needed. The Counselor will also assist and provide youth with outside tutoring as needed. Also, the Counselor will work with the Volunteer Coordinator to locate a tutor who can meet with youth on a weekly basis and help with classes. The Counselor will keep in communication with the tutor, and ensure that youth is receiving the assistance needed to pass classes. Aside from tutoring, the Counselor will meet with youth during bi-weekly meetings and support youth in developing all the skills necessary to succeed. The meetings will focus on: time management, test -taking strategies, and study skills. Furthermore, the counselor will also map out a plan that will help youth work towards their goals. Youth and Counselor will also set goals and will work to achieve goals. During every meeting, Counselor will inquire about youth's progression. Counselor will also work closely with Case Manger to ensure that youth is receiving assistance needed from two different parties. D. Special consideration for organizations that offer dropout prevention or dropout recovery services. As mentioned previously, OCCTAC has partnered this year with the Santa Ana Unified School District, Pupil Support Services/School Climate Department. In partnership with Dr. Sonia Rodarte Llamas and Counselor Patrick Yrarrazaval-Correa, we will target and serve the high school dropout youth in Santa Ana, and offer dropout prevention or recovery services. 7. Preparation for Postsecondary Education and Training: A. Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. OCCTAC provides State recognized Certificate programs In partnership with the Santa Ana College. Therefore, any employer should recognize these certificate programs. We are extremely grateful for this wonderful partnership with the Santa Ana College. 12 25H-34 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal B. Special consideration for organizations that offer preparation for postsecondary education and training In high -demand industries. Because of the certificate programs provided at OCCTA, youth apply to the following positions and receive above minimum wage. • Global Cash card $11.00+ Benefits • Lowes - $11.45 • Micro Center $12.00 + Benefits • Daikin AC $12.00 • Providence Speech $13.00+ Benefits • United Verification $11.00 + Benefits • Real Time Staffing $11.00 • Optimum Employer Solutions $11.00 • Non profit work $11.00 • Omni Print $11.00+ Partial Benefits • Budget Mobile $11.00 C. Identify and/or develop a pathway for youth that can lead them from high school to career or college. Please elaborate on the specific pathway(s). Yesl This is a high priority for us at OCCTAC to inspire and motivate our WIOA youth to continue to enhance their educational goals, so they can be more successful in life. Please see below a pathway that we have created at our agency to assist and lead our WIOA participants from high school to college. Pathway for Post Secondary Education Participants will; 1. Meet educational counselor and identify interest and possible careers. 2. Research Necessary education and courses to reach a particular career. 3. Visit different campuses and apply to theones they feel the most comfortable. 4. Take placement exams after beingaccepted to his or her school. 5. Research major and minor q rements for achievement 6. Apply to programs that will provide additional services that youth will need while in post secondary education (FAFSA, BOG, DSPS, EOPS ect.) 7. Create educational plan registration to courses. 13 25H-35 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal D. Describe in detail how the program will prepare youth for postsecondary education and training. The WIOA case manager and career counselor meet regularly with each WIOA youth to discuss job leads, employment opportunities and post -secondary education. The case manager helps youth with employment, and the career counselor helps youth with entering post -secondary education. The Educational Counselor will assess all youth using ONET to learn about their career preference, interests and skills, and then match them with carriers of their choice. Youth will then be able to obtain assistance in researching different majors, vocational training and certificate programs that will allow them to enter into post secondary education in their field of Interest and succeedl The Educational Counselor will also provide assistance in completing all necessary financial aid or dream act applications, such as scholarships to minimize any stress and anxiety on financial burdens. E. How will your organization expose youth to the various post -secondary educational Institutions (colleges, universities, vocational training schools, apprenticeships, etc.). All year round, the WIOA youth attend field trips to the various colleges and universities so they can get motivated and encouraged to enroll in any of these institutions with the help of the case manager and the career/educational counselor at OCCTAC. All certificate programs are taught at our facility. Currently we offer WIOA participants 2 state certificate programs at our agency: Child Care Worker Certificate and the Office Clerk/Executive Administrative Certificate Programs. Please see below (Table 8) for a brief description of these certificate programs in partnership with the Santa Ana College. Furthermore, we are in the process of incorporating a new Health Certificate program at OCCTAC, in partnership with the California School of Health Sciences, an Institute owned by one of our new Board of Directors. OCCTAC is always looking for new and exciting opportunities to expand the level of education and job opportunities for our WIOA participantsl Table 8 - State Certificate Programs at OCCTAC in partnership with the Santa Ana College PROGRA "- kw. r.en ��",'��, 'Br�ESCRI� �'W r_: =yj_ara`ys/Tim zi fv` s Office Clerk State Certificate This program prepares students for in-depth training In Monday and Program executive secretary/administrative assistant positions. Wednesday The open-entry/open exit, competency -based format promotes success In a high employment occupational 4:30-7:30 pm field. The program develops skills In research, report and correspondence preparation, advanced computer software applications, database management, Interactive presentations, customer service and telephone techniques, and other advanced office procedures. Child Care Worker Certificate Students learn about health information required for M, T, W, Th, Fr Program licensing and skills necessary for successful operation of a childcare business. Also, students learn soft skills for 8:00 am —12:00 those who would prefer to be employed by a childcare pm business. 14 25H-36 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal F. Include data and research that supports the Industries or pathways listed above. According to 0 Net Online the following position and many other administration positions considered those with a bright outlook and rising opening. 43-4171.00 Receptionist and information clerks 43-6013.00 Medical Secretaries 43-3021.00 Billing and Positing Clerks According to 0 Net online the following position and many other in child worker are considered those with bright outlook and rising opening as well. 39-9011.00 Child care worker 25- 2011.00 Preschool Teachers, except special education. G. Include Letters of Intent from training agencies as Attachment F. Please see attachments from our community partners. 8. Tutoring: H. Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABS) on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient" whom should receive tutoring or remedial training to Improve their literacy and numeracy skills. OCCTAC currently uses and will continue to use TABE test and TABE testing materials with our WIOA participants. Describe in detail the tutoring resources that will be provided to youth. OCCTAC has demonstrated commitment in helping WIOA youth with and without disabilities improve their literacy and numeracy skills as evidenced every year with our participants Please see Outcomes table in last year's outcomes (95%)l In summary, our WIOA Literacy and Numeracy tutors will meet with each participant at least once a week upon the completion of the initial TABE assessment. Our agency's goal is that each youth increases by at least two Educational Functional Levels at time of post-test. By providing effective and Individualized tutoring sessions we can ensure that our youth are able to increase their basic skills. In the past, OCCTAC has been very successful in the attainment of these goals, and thus is committed in continuing to assist participants with and without disabilities. As stated above, OCCTAC has demonstrated commitment in helping WIOA youth with and without disabilities improve their literacy and numeracy skills as evidenced in last year's outcomes. 9. Mentoring: J. Specify how your organization will provide mentoring to youth. Our agency has some amazing staff that is dedicated and committed to empowering and supporting our WIOA youth. Not only will our WIOA youth be able to gain mentoring from the WIOA Staff, but also from all the staff working at other OCCTAC programs, such as (After School Arts, Therapeutic Arts, Early Start & Pre -Kinder Arts, Learning Academy, Wraparound Program, Family Wellness Program, etc.) Youth have the opportunity to obtain interviews, get all their questions answered, and shadow many magnificent professionals in the fields such as Music, Art, Technology, Marketing, 15 25H-37 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Psychology, Social Ecology, Education, and many more, These youth will not only be able to gain hands on work experience in these fields as well, but also have the opportunity to gain insight from these professionals on the do's and don'ts of these fields and the many different paths they can take one day, and pave the paths to their very own careers. K. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions, mental health Issues, low self-esteem, probation, gang Issues, parenting Issues, etc. OCCTAC has entered two new partnerships this year with the following institutions: Pepperdine University, Graduate School of Education and Psychology, and USC, School of Social Work. (Please see letters of support in attachments section). Both Institutions will assign their interns to OCCTAC and provide Mental Health Counseling to all our WIOA youth, if needed. Participants can enroll in individual counseling, as well as group counseling and support groups. Also, all Youth will be able to take workshops and training on where to obtain additional information and resources on some of these subjects. Case Mangers will also be able to refer youth to additional specialists, if needed. Finally youth will also be able to participate in any of the support groups and classes provided by the FAMILY WELNESS programs at OCCTAC, to help them with low self-esteem, parenting Issues, etc. and gain assistance in working through all of these challenges. L. Will your organization offer mental health services or referrals to mental health agencies, describe. YESI As stated above, OCCTAC has entered two new partnerships this year with the following institutions: Pepperdine University, Graduate School of Education and Psychology, and USC, School of Social Work. (Please see letters of support in attachments section). Both institutions will assign their Interns to OCCTAC and provide Mental Health Counseling to all our W10A youth, if needed. Thus, our staff can now make direct referrals to provide free mental health services and onsite counseling on a weekly basis for our WIOA youthl M. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. In partnership with the community services program, we are be able to provide youth with a workshop on drugs and alcohol, and also provide them information recourses, and referrals for counseling, if needed. 10.Workshops: O. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: - All participants will be required to attend Life Skills and Job Skills training that will encompass all of the following components. Youth will be asked to attend 3 workshop series that will assist them in their overall achievement in this program, as well as their personal lives. Workshops will be weekly. Starting in September 2017 and ending in June 2018. OCCTAC Training Series: • Financial Literacy: This workshop series will allow WIOA participants to understand the Importance of budgeting their money and savings. They will gain an insight on how to become finically stable now in order to further assist them with their career and 25H-38 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal educational goals. See attachments section for a sample. Job Skills: This workshop series will allow youth to learn and create materials needed for employment purposes, with the ultimate goal of when completed, they are able to assemble an employment portfolio that can be presented at any job fair, interview, and new potential employer. See attachments section for a sample. s Life Skills: This workshop series will help our youth with day to day life skills information to assist them in making healthy and reasonable choices in their lives. See attachments section for a sample. 1. Financial Literacy/ Budget Management — These are one of the most basic and important workshop series that we offer at OCCTAC for several years] As mentioned above, WIOA participant will earn about financial literacy and budgeting, and these workshops will allow our youth to think not only about the present, but of their future. They will learn the basic of opening a checking and savings account, and how to plan for retirement and future expenses. 2. Entrepreneur Skills Training — This workshop will be the perfect opportunity for innovative young adults in Orange County to learn what it takes to be successful when launching their entrepreneurial ventures. They will learn how to do this via three key strategies: Business plan competition, Networking and collaboration, 3. Labor Market Information —This workshop will provide youth with valuable information for today's labor market, so that you can make an educated decision on which career path is best suited to your skills and abilities. 4. Family Planning— Planned Parenthood and Human Options will provide our WIOA youth with information on healthy relationship and birth control. These workshops are intended to help assist youth with their future and current family stabilities. S. Worker's Rights/Labor Laws— Participants will be able to learn and understand their rights as an employee in California from things like mandatory break times and benefits. Participant will also be able to learn and understand how to ask and receive accommodations that must be provided to those who have same type of learning or physical disability. As well as questions that may not be asked in an interview or after becoming an employee. 6. Analytical Skills at the Workplace — All WIOA youth will be provided with a task analysis and literacy analysis, skills assessments, job profiling, and pre -employment work skills. Each of these sills can provide a path to improve the participant's ability to perform basic job skills in the field or job they have or may have in the future. 7. Health Resources — Participants will be given resources from our community partners, including Planned Parenthood on howto be healthy and safe, and how to obtain medical services. Additionally, our MECCA coalition, Pepperdine University, USC, School of Social Work, and the County of Orange, Health Agency will provide WIOA participants with other health resources and mental health specialists, if needed. 17 25H-39 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal S. Public Speaking Skills —AII Youth will be asked to take a training that will allow them to learn the necessary skills for public speaking, including how to speak to employers and/or new offsite work placements and new potential employers. Also, youth will learn how to create and give oral presentations, as well as how to speak to people when networking for future connections. 11.Civic Engagement and/or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. — AII WIOA youth will be asked to participate in the youth council meetings. They will be asked to contribute ideas/information on how to better serve the youth in Santa Ana. Youth will also be asked to assist MECCA collaborative, by engaging with our partner agencies, and creating and presenting employment workshops to other transitional age youth and adults at those sites, In order to contribute to a better future for our OC communityl B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity — All W10A youth will be asked to engage in leadership development opportunities at OCCTAC and the community, through civic engagement activities that will help their community be a better place to live In C. Special consideration for organizations that can leverage funds to provide services to non-WIOA youth participants — Yes, but this would require more discussion and coordination with ALL WIOA Agencies Involved, so the responsibility is equally divided between all partner agencies. 12. Supportive Services: A. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc. If so, please describe. — Yes. All youth will be provided with supportive services during all phases of the WIOA program. Supportive services are available to those youth approved for the program that show limited resources to meet basic needs, and have expressed to our case manager or educational counselor the need for additional support services. W10A Youth enrolled at OCCTAC are eligible for the following (as long as funds are available): 1. 30 day bus passes: Every month as long as they provide proof of a steady attendance to all WIOA activities and or accomplish employment or educational goals 2. ACCESS Coupon Books: Every other week as long as they provide proof of a steady attendance to all W10A activities and or accomplish employment or educational goals 3. Gas Cards: Every month as long as they provide proof of a steady attendance to all W10A activities and or need to accomplish employment or educational goals. As well as proof of their license. 4. Academic Supplies: All WIOA participants are eligible for academic supplies, such as: planners, USB drives and backpacks. For students who have entered post -secondary education we are able to purchase some, if not all, of their college course books. For those who have entered a credential program some If not all fees can be paid off. 18 25H-40 �:/:11:3NE 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 5. Work Related: All participants are eligible for work related material when needed, to help obtain or keep employment such as portfolios, clothing etc. B. Include the Supportive Service Policy as Attachment G. Please see attached OCCTAC Support Service Policy for more specific details. 13. Incentives: A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. — Yes WIOA staff will be providing youth with incentives that will encourage them to accomplish their goals, and obtain the necessary skills to move forward in employment and education. Please see Incentive Policy as attachment H. Some of Examples of incentives are as follows: • Stipends: participants are eligible to obtain $600 during their completion of their first 80 hours. • Attendance: Youth in secondary education will receive a $50 incentive for one month of perfect attendance. • High School Dropout students: participants are eligible to obtain $50 for every two courses they are able to complete during the first year of the program. • Employment Services: participants are eligible for gift cards or check incentives after they set up Interviews; obtain employment, or are employed for 3 consecutive months. • Post -Secondary Education: participants are eligible to obtain a $100 gift card or check incentive after obtaining credentials, or registering for upcoming classes and applying for FASFA/Dream Act Applications. B. Include the Incentive Policy as Attachment H. Please see attached OCCTAC Incentive Policy for more specific details. 14.Follow-Up Services (3 pages max) A. Youth Service Providers are required to provide follow-up services to youth participants 12 months after exit. Follow-up documentation will be required 30 days after exit, 60 days after exit, and 1st, 2"d, 3rd, and 4v' quarter after exit. Yes, OCCTAC staff will comply with all WIOA required regulations and program requirements. Please see below Table 9 that delineates all follow-up services. B. Elaborate on the types of services that will be provided to youth during each quarter during the 12 month follow-up period. The following table describes the services that can be obtained and provided to youth during any part of their 12 month follow up period. Please see below Table 9 for follow-up services. 19 25H-41 LWAMM1: llifil 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal TABLE 9 — Fallow Ulo Services T �, 30 day 60 day In Quarter 2k Quarter 3r, Quarter 4eh Quarter Case Monthly and Monthly and Monthly and Quarterly and Quarterly Quarterly and Management (Updates as needed as needed as needed as needed and as As needed and Meetings) needed Educational Counseling Monthly and Monthly and Monthly and As needed As needed As needed (Updates and Meetings) as needed as needed as needed Employment Services As Needed As Needed As Needed As Needed As Needed As Needed (job Development Meetings Credential Services As Needed As Needed As Needed As Needed As Needed As Needed (Registration) Supportive Service As funds Allow As funds As funds As funds Allow As funds As funds Allow (Transportation) Allow Allow Allow Supportive Services As funds Allow As funds As funds As funds Allow As funds As funds Allow School Materials Allow Allow Allow Referrals (Housing, As Needed As As Needed As Needed As Needed As Needed Mental Health, Food Needed Distributions, Health, Counseling, other ) C. Describe if your organization will provide case management, job retention services, mentoring, and ensure the participants attain their goals. — All participants are asked to meet with the case managers and the educational counselor at least once a month during the first quarter after exit, in order to ensure that youth accomplish and continue meeting their goals. Youth have the option of meeting with the job developer and case manager to gain additional skills and training needed; and to obtain employment and retain employment after exit. Participants are also contacted via phone or/and e-mail during 2nd, 3rd, and 4th quarter to get updates from youth on post secondary education and employment, Youth have the option of coming in person to meet with the WIOA staff to meetings, tutoring, training, and or any other services at OCCTAC, and to ensure that youth keep a good GPA in school, and continue to move forward in their employment. D. Describe how your organization will ensure that youth meet the Performance Indicators during the follow-up period. —The following table 10 Indicates how often the WIOA staff will contact youth, and set up meetings/appointments to provide them with additional assistance, and support their goals to retain employment and stay in post secondary education. 20 25H-42 107A OM I 1 0.11 a I 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WlOA Proposal T A T11T.F. In _VrPnnP.nr.v nf Fnllnw lin Services 30 day 60 day 111 Quarter 2"d Quarter 3,d Quarter 41h I I Quarter Follow Up Case Manager Monthly and Monthly and Monthly and As Needed As Needed As Needed Meetings as needed as needed as needed Follow Up Calls/Emalls Monthly and Monthlyand Monthly and Quarterly and Quarterly Quarterly as needed as needed as needed as needed and as and as needed needed Follow Up Job Developer As As Needed As Needed As Needed As Needed As Needed Meeting Needed Follow Up Educational Monthly and Monthly and Monthly and As Needed As Needed As Needed Counselor Meetings as needed as needed as needed Job development tralnlngs As Needed As Needed As Needed As Needed As Needed As Needed (Resume, cover letter, applications, follow calls, Interview assistance etc.) Post Secondary Trainings No service at No service at No service at As Needed As Needed As Needed (Study Skills, ' this time this time this time t11A registration, sferrIng etc.) I I E. Describe if your organization will provide youth with incentives or supportive services during follow-up to assist youth retention. Yes! This year we will be providing youth with both supportive services and incentives while in the process of completing their goals, and after accomplishing an important benchmark. The following table 11 explains when they are eligible to obtain supportive services and/or Incentives. Please see Incentives Policy for details on how many incentives participants can earn for each category. - TAIRL117, 11 — qiinnart Slervice-ffneentives for W10A narticinants Post Secondary Earning Accredited Job Search Obtaining Retaining Education credential Employment employment 7ServIce 30 day Buss pass, 30 day Buss 4 Supportive ACCESS Coupons, pass or Gas Gas card —Academic card Supplies $25 for registering to $25 for obtaining Education fall or spring classes Post -secondary credential. $50 for obtaining secondary school credential. $25 for $50 for $50 for every Employment scheduling and obtaining quarter they are attending employment, employed as Interview. Work related funds allow Portfolios, clothing and professional tools attire. 21 25H-43 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal F. How often will the youth be engaged or receive service during the follow-up period. — AII Youth will be asked to keep in contact and meet regularly with the case managers and the educational counselor every month for the 11t quarter. After that, they are asked to contact and speak with the case manager on a quarterly basis. However, youth are encouraged to engage as frequently as possible with the WIOA staff Depending on the youth's needs, they are able to meet with any WIOA Staff as often as needed. Also, they are given the opportunityto take any credential programs offered at ouragency, Life Skills classes, and any Workshops/trainings offered during any of their follow up periods. This will provide our youth the opportunity to continue to be engaged in our center. on a weekly basis. 15.WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: 1. How OCCTAC will meet the % of participants who are in education or training or unsubsidized emolovment durine the 2nd quarter after exit. j Y8 .1 a rya .us4" ua Io w,'is'' May Mock Interview Session —Start Research classes to register for Job Search Summer— Meet With Educational Counselor June Start Appiing to different Register for summer classes — Meet positions — Meet with case With Educational Counselor manager July Apply to different positions and Research classes to register for Fall follow up calls — Meet with Case Session —Meet With Educational Manager Counselor August Set up Interviews and continue to Register for Fall Classes — Meet With send out Applications — Meetwith Educational Counselor - Incentives Case Manager —provide provided to youth who register for Incentives to those who set up classes interviews September Practice interview Skills and meet Register for 8 week courses — Meet with Case Manager —Incentives With Educational Counselor - provided to those who obtain incentives provided to youth who employment register for classes October Continue to meet with Case Classes in session Manager & job Developer as needed November Continue to meet with Case Research classes to register for Manager & job Developer as Intersession — Meet with educational needed counselor as needed December Provide Incentives to those who Research classes to register for have 3 consecutive months on the Spring— Meet with educational job counselor as needed 22 25H-44 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 2. How OCCTAC will meet the %of participants who are in education or training or unsubsidized employment during the 4eh quarter after exit. .Mi�h� th ^�, Y { ..0 •ti: ..,z � � ,; ,:Em _� met • n �� h.�K. %�.. ':r. � � µ. Wy -%. x kXv. ai .. �� -��F, ,. .,JD+ d' cation :.�� ,� �.«-�� January Set appointments with Case Assist Youth in Registering to Spring Manager and Job Developer as Classes- incentive provided to youth Needed who register for classes February Set appointments with Case Assist youth in registering to 8 week Manager and Job Developer as courses - incentive provided to youth Needed who register for classes March Provide youth Incentives for Classes in Session having been employed for 3 consecutive months April Set appointments with Case Classes In Session Manager and Job Developer as Needed May Set appointments with Case Assist youth in researching possible Manager and Job Developer as summer registrations Needed June Provide youth Incentives for Assist youth in registering for having been employed for 3 summer classes consecutive months 3. Document the median earnings of participants in unsubsidized employment during the 2nd quarter after exit. During the second quarter after exit, all youth will be asked to fill out a follow-up form which contains information on wages, location of hire, and length of employment. The information on wages will be extracted from all currently employed youth to determine the median earnings of participants during the second quarter. 4. Percent of participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit. At the beginning of the program, the Educational Counselor and the Case Manager will enroll all of the participants in a recognized credential program. Every month, the Educational Counselor will check on the students' progress. Moreover, the Counselor will build a relationship with the Postsecondary credential Instructors, and receive a monthly progress report. The Counselor will then schedule a meeting with those students who have not advanced. For those students who did not complete a credential during the 15t year of the program, the Counselor will meet with the participants, and re -enroll in a credential program during the 1st quarter follow-up. The Counselorwill once again check on the participant's progress, and encourage and support participants to complete credentials. When participants complete their credential, they receive an incentive during the 2nd quarter of the follow up. During the 3rd quarter follow up, the Counselor will once again check on the participant's progress. The Counselor will meet with the participants bi-weekly, and make any scheduled changes to best fit the participant. If participant completes a credential, they will receive an incentive during 4th quarter follow up. i#7 25H-45 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. Participants will meet with the educational counselor every month to discuss their educational goals. They will take an ONET assessment that will guide them in figuring out their strengths and weaknesses, as well as potential careers that fall in that category, Furthermore, meetings will be tailored to research majors and schools that contain the adequate resources to be successful. All participants will be enrolled in a credential program at the beginning of the program. The Counselor will meet with participants to receive monthly updates, and verify the participant's progress with the teacher. 6. Effectiveness In serving employers. WIOA Participants are eligible to continue to meet with the Case Manager and Job developer though out the year, and as necessary, to continue to gain employment trainingto improve their work ethics, and job skills to keep moving forward and improving at their current work sites. 16. Prior Outcomes A. If your organization was previously awarded a WIOA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes for the past 1-2 years from each WIB if applicable: OCCTAC has been providing the WIOA program to Santa Ana youth for the past 9 years! Please see bellow our outcomes for the last 3 years. PERFORMANCE OUTCOMES (Santa Ana WIB) Orn on Measures 2d 7 01 R 33�tri J 2y014 15 2016}ra;f A� "..�Y,ii. :. 4j.� •Y �v- l�P'i ( �9 ...hl:El :3 .. .rl Increased literacy/Nu"me racy Skills 17/23=74% 19/20= 95% 20/20= 100% 16/18= 89% Entered Employment or 20/21=95% 11/15= 73% 13/18 = 72% 16/20= 80% Post -Secondary Attained Credential/ Diploma/ 14/17=82% 4/6 = 67% 26/28 = 93% 13/20= 65% Certificate 17.Fiscal Competency A. Describe the process used to capture and report fiscal data. All invoices or vendor statements will be initialed by the Executive Director prior to signing the check to pay that bill or Invoice. After checks are printed and signed, the accountant shall mark "Paid" with the date of payment and check number utilized for payment. All disbursements shall be reviewed and approved by the Executive Director. A monthly review of all disbursements shall be conducted by the Accounting clerk and reviewed by the Executive Director and the Finance Committee for 24 25H-46 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal verification of accuracy, documentation and appropriate approval. The Executive Director shall be authorized to expend funds as approved by the Board of Directors under the organization's annual operating budget. B. Attach a copy of the organization's procurement policies and procedures as Attachment I. Please see attached OCCTAC's Procurement Policies and procedures. C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. All requests for reimbursement shall be reviewed and approved by the Executive Director and Finance Committee. All reimbursements are subject to budgetary limitations as established in the organization's approved operating budget. No reimbursements are made without appropriate backup documentation. Please see details below of the accounting system used at OCCTAC: • Accountins Method: OCCTAC utilizes a modified accrual -based account methodology. • Cost Allocation Method: Costs are allocated using the Direct Cost Allocation Method (OBM Circular A-122). OCCTAC classifies each item to a specific program, department, site, grant or contact that it directly relates to. Indirect expenses like general administration and general expenses are allocated based on the allowable budgeted portion of each program with the remaining portion to the center's administrative category, OCCTAC shall produce financial reporting for each of the Center's program functions. In consolidation, these programs shall make up the overall financial position of OCCTAC. All transactions (Payments and cash receipts) that occur at the center shall be classified under identified categories and programs. When program funding is split between two or more sources, the cost allocation for this program shall conform to the budget allocations established in the program. • Budgets: Under the guidance of the Finance Committee and prior to the beginning of each fiscal year, the Executive Director prepares an Operational Budget, including Program Budgets, Tuition fees, Service fee rates, etc., shall be approved bythe Board. Any gifts (monetary or otherwise) resulting from fund-raising activities, solicitations and acceptance of gifts or contributions that are presented with restrictions of use shall be approved by the Board of Directors and submitted to the finance committee to verify the appropriate method of accounting and reporting. • Receivables: Receivables shall be aged monthly and delinquent accounts shall be followed up for collection. Receivables from miscellaneous sources shall be reviewed periodically by the Treasurer and significant amounts shall be reported to the Board of Directors. All write-offs shall require approval from the Finance Committee prior to Implementation. The Board shall review all write-offs from uncollectible accounts receivables. • Deposits and Receipt of Monies: Deposit of monies are made on a weekly basis, or whenever more than one thousand dollars (in either cash or check) has been received and recorded bythe OCCTAC office, All items to be deposited are and shall be stamped "For Deposit Only" to the Account of OCCTAC with the appropriate bank account number, A deposit form for established OCCTAC accounts shall be completed with deposit slip details for cash or multiple checks. A copy of the deposit form, slip and all items to be deposited shall be made for accounting purposes and upon completion of the deposit attached to the 25 25H-47 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal deposit slip and turned into the accounting revenue in -box. To ensure appropriate financial controls, the individual making deposits shall not be the same person reconciling the OCCTAC account. All funds received shall be recorded in the accounting system and filed in the locked accounting file cabinet. • Disbursements: All disbursements are and shall be made by checks drawn on the established operating checking account for the OCCTAC. All disbursements shall utilize pre -numbered checks used in sequence. Any and all "voided" checks are and shall be mutilated and notes on the voided check stub. At no time shall disbursements be made to "bearer" orto "cash". All banking materials, records, blank checks, and deposit books are and shall be maintained in secure cabinets in the OCCTAC office under the supervision of the Executive Director and Accounting clerk. Only those individuals authorized to handle check stock as their part of their accounting duties for OCCTAC account shall have access to these banking materials. Disbursements are prepared from original Invoices. Each disbursement shall require submission of a purchase request form and appropriate backup documentation. Invoices shall be date stamped upon receipt and marked "approved for payment." • Reconciliation of Accounts: All OCCTAC bank accounts are reconciled monthly. A monthly review of all accounts and financial reports are prepared by the Board Treasurer or designated Finance Committee Member. Files and Records: OCCTAC shall maintain hard copy files for all operational and business transactions that occur. Files shall be separated into the following categories: a) Accounting records, b) Grant documentation, c) Tax filings; Donors, d) Legal/Insurance/License /Permits, e) OCCTAC Programs, f) Personnel documents and files, g) Vendor and Client contracts and other documents. OCCTAC maintains electronic and hardcopy records of all accounting transactions and financial reporting. All electronic records are be copied and stored in a secure, off site location or in a web based file storage system, which is the server. All financial and accounting hardcopy files are stored in secure --lockable file cabinets. Requests for financial documentation get processed through the accounting staff i.e. copy of original document. Original financial documentation remains in the file/s cabinet at all times. D. Describe invoicing process and list qualifications of staff assigned to task. OCCTAC accounting clerk creates monthly WIOA invoices to submit to the City based on expenses incurred during the month. After the Coordinator and the Executive Director review and approve the program expenses, the Accounting clerk enters the data from the participants' stipends and/or time sheets, program staff as well as related expenses into the accounting system to generate an invoice. The invoice will be on the appropriate form provided by the WIOA Contract and submitted for reimbursement. E. Describe how your organization's financial stability Is not dependent on WIOA funds. The Orange County Children's Therapeutic Arts Center has a variety of funding sources: (1) contracts, (2) grants, (3) donations, (4) fee for service, and (5) fundraising. OCCTAC continues to maintain current contracts, as well as enter into new contracts with key community partners. Three years ago, OCCTAC started a new contract with MECCA and the County of Orange, Health Care Agency to provide prevention and family wellness programs. We anticipate a steady revenue Increase, as we continue to grow each year with our MECCA and 26 25H-48 EXHIBIT 1 2018-19 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal county partners. In addition, and as part of the OCCTAC's long-term sustainability plan, the Executive Director and our board of directors have agreed to continue to diversify OCCTAC's funding sources by focusing some more on (1) donor solicitation, and (2) fundraising, and (3) social enterprise ventures. F. Identify the percentage of budget that will go directly to youth (i.e.: work experience payments, direct training, supportive services, Incentives, etc.) versus the percentage of overhead and administrative costs. (ex: 50% of budget will be directly spent on youth In the form of work experience and training, etc.). 50% of budget will be directly spent allocated for OCCTAC will go directly to youth in the form of work experience, payments, direct training, support services, incentives, etc, for the year 2015-2016. For 2016-2017 fiscal year, 52% of budget will be directly spent on youth in the form of work experience, payments, direct training, support services, incentives, etc. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S). Please see 990s for 2012-13 and 2013-14 fiscal years. 18. Additional Attachments A. You may Include additional documents such as flyers, brochures, training descriptions, and/or testimonials that support your proposal and/or further describe the program, as Attachment W. Please see additional attachments included. Attachments Include WIOA Youth Brochures (Spanish and English) and other Youth Employment Program forms. r*l 25H-49 5/9/2018 1 SchoolsFirst FCU -Checking & Savings EXHIBIT 1 SCHOOMFIRST FEDERAL CREDIT UNION P.O. Box 11647 Santa Ana, Califcm'a • 92711-1547 SOOASZ8328 • 714.258.4000 • w .S hoalsFirstfcu.org ANA JIMENEZ-HAW 17 VETRINA IRVINE , CA 92606 Account Number: XXXXXXX760 From 04/01/2018 To 04/30/2018 ID 70 -FREE CHECKING JOINT OWNER: ANOOSHIRAVAN HANH Date Description Category Amount Balance =veoce-�veeeeveeeevveavcvvvecvvvevevvv_ccv_v_=c_ec===e===o==ceevv.. 04/3012016 Withdrawal Dmft 220 .... ......................evv__= ...... ... ($160.00) $1,815.18 04P2812018 Online Transfer From Share 20 $1,000.00 $1.985.18 04/2512018 Transfer To Loan 81 ($700.00) $965.18 04WA018 Online Transfer From Share 01 $200.00 $1,665.18 04/21/2018 Check Deposit $700.00 $1,465.18 04/16/2018 KNOTT'S BERRY FARM ONL 714-220-5220 CA 803 ($104.99) $765.18 04/17/2018 Withdrawal Draft 219 ($4,000.00) $870.17 04/1712018 Withdrawal Draft 217 ($50.00) 54,870.17 04/170018 Withdrawal Draft 2W ($40.00) $4.920.17 04/14/2018 MIND EDGE. INC 7812501805 MA 271 WAVERLEY0 ($79.00) $4,980.17 04/14/2018 COFFEE BEAN STORE SANTA ANA CA 2763 N MAIN (58.71) $5,039.17 04114/201/1 Withdrawal Cash ($100.00) $5,045.88 04/14/2018 Withdrawal CC PAYMETN ($500.00) $5,145.88 04114/2018 Check Deposit $5,053.07 $5.645.88 04113/2016 AMERICASPRINTER.COM 07145211100 CA 6910 AR ($144.39) $592.81 04/07/2018 SUBWAY 00999912 MIAMI FL 9200 S DADELAND B ($58.50) $737.20 04/3712018 POS COSTCO WHSE #09 WESTMINSTER CA COSTCOO ($74.04) $795.70 04/0612018 POS COSTCO WHSE 404 FULLERTON CA COSTCO WO ($114.71) $869.74 04105/2018 POS USPS PO 2201 N GRAND SANTA ANA CA UO ($11.30) $984.45 04105/2018 SUBWAY 00999912 MIAMI FL 9200 S DAD ELAND B ($58.5(;) $996.75 04/04/2018 POS STAPLES 0055 ORANGE CA STAPLES 0055 0 ($35.53) $1.0,94.25 04/03/2018 ATM SCHOOLSFIRST SANTA ANA CA 1001/2115 NY ($100.00) $1,089.78 04/03/2018 POS USPS PO 0 2201 N GRAND SANTA ANA CA UO ($100.00) $1,169.78 04/0212018 POS OFFICE MA 13728 JAMBOR IRVINE CA OFFIO ($43.07) $1.289.78 hltps:/Ai.schoolsflrstfeu.org/wps/myportal/lut/p/al/fZDBDo[wD]afiisz5fR-LMQLPIGEXAwQGBtiyDYhv7zQehd7afn_tkAgBTLkU0tz1b(h7z45cR-HaleTSxE EXHIBIT 1 Learning Group Session: a one or two hour session with a single group of students. Examples: You are meeting with one learning group for 2 hours = 1 Survey You are meeting with learning groupsl hour each = 2 surveys 2. 3. 4. Date of Session (mo/day/year): ! / Name of Teaching Artist: ArtForm: Visual Art / Photography / Video / Digital How many students were in this group today? a. Were there any significant changes in the learning group population today? students were absent due to transportationlweather/illness). Why? _ Yes No (e.g., 5. Site Support Staff a. How many teachers/volunteers/interns were in the class? I. Did the volunteers/intems participate and support the students/session? Yes No 1I. If you answered "yes" to 5.a.1, how did they support the students/ session Session Learning Objectives The learning objective for today's session was: 2. Today's lesson ... (please circle) a. Exceeded the session's learning objective b. Met the session's learning objective C. Required modification of the learning objective d. Did not meet the learning objective Please comment on your choice: Learning Session Progress 1. As of today's session, the learning group is: (Please check one) ( ) Frustrating - I am concerned that we will not be able to meet any leaming goals ( ) Challenging - Objectives are being met at a slower pace than expected, but students are making progress ( ) Encouraging - Students are making progress ( ) On Target - Learning goals are being met consistently ( ) Exceptional - Students have met prescribed learning goals and have exceeded expectations Please comment on your choice 25H-51 EXHIBIT 1 k co \ ) \ \ G E 2 m m |7 A° \\ � ) k - o ■ !� & tcc \ @_ \ k k o § \/ a) 2 ° ) r § ! ! §/\ a ' § [ | | f | ] 2 ` o der \ ° § Q 2 § / _ 0 ! | o«! k ! z ) ] 25H.52 EXHIBIT 1 OC C TH'ER-APEUTY1-.C.A--Pz.,-1rS 2216 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org 501 (c)3 Federal Tax ID# 33-0930891 Supportive Services Policies and Procedures WIOA Program 2018— 2019 Purpose: To establish guidelines for the issuance of supportive services to participants who are identified in need of such services. Goal is to aid this youth with their successful completion of OCCTAC's WIOA program. Procedures: Eligibility: Supportive services are available to those identified as approved WIOA participants; have limited resources to meet basic needs; and have expressed the need of additional support to the Case Manager. Supportive services will be made available to participants while they are enrolled in all phases of the WIOA program. These services are contingent upon approval by the Case Manager and OCCTAC Director. Provision of supportive service is not an entitlement. Availability of Funds and Assessment of Need: The fiscal advisor or the accounting clerk and the Executive Director will verify the availability of funds and notify the case manager. Supportive services are delivered contingent upon availability of funds, the need of the participant and given on a first come, first serve basis. Initial assessment on need will be determined by the case manager and will be reviewed regularly. Logs of services will be kept on a regular basis and service(s) will also be case noted for documentation purposes. Transportation Assistance Guidelines: After identifying the need to transportation assistance and eliminating other resources, the case manager and the participant will develop'a service plan and update progress in the case notes. Transportation assistance is defined as the provision of a gas voucher; bus pass or ACCESS coupon book. No replacement bus pass, gas card or ACCESS coupon book will be issued in the event the participant loses his/her bus pass, gas card or ACCESS coupon book. Rm 12.07.17 25H-53 EXHIBIT 1 OC* CHILDRENS THERAPEUrric k xs 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occlac.org 501(c)3 Federal Tax ID# 33-0930891 Fingerprinting —Live Scan. and TB Test: Participants who work with children and are placed in an educational setting will be required to undergo Fingerprinting -Live Scan through the Department of Justice and show a cleared TB Test. This supportive service will be available for participants on a case -by -case basis and determined by the case manager. Books and/or Uniforms —Work Related Equipment A participant may need to purchase books, skill building tools or work related equipment to fully participate in returning to school and or a new job opportunity. All Funding will be allocated for specific needs on a case -by -case basis, i.e. Working Wardrobe —Interview outfit. Portfolios -Resume -Business Cards Related items for Job Search Tools Participants may put together a professional portfolio of work demonstrating their skills in the area of marketing, graphic arts and design related to Job -Search. Child/Dependent Care After identifying the need for assistance and eliminating other resources, the case manager and the participant will develop a service plan and update progress in the case notes.. Childcare assistance is defined as the provision of $50 payment to institutlon/dayeare/childcare provider upon receiving an invoice. Participants may receive assistance with childcare or dependent care, which will enable them to participate in activities. Childcare will be limited to a maximum of $50.00 per month per child/dependent. Supportive service available to all youth that enrolled in the program as pregnant or parenting youth. Other: Any other miscellaneous type expenses not mentioned above may be considered with proper authorization. The request must be fully documented and all receipts in proper order. Rev. 12.07:17 25H-54 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fox 714.564.9690 - www.occtac.org 501(c)3 Federal TaxID# 33-0930891 Incentive Policy and Procedures WIOA Program 2018 — 2019 Purpose: To establish guidelines forth incentives toparticipants who successfully commit and complete goals establish during program participation. Goal is to aid . -enrolled youth with their successful completion of OCCTAC's WIOA program. Procedures: All incentives are -based on availability of funding. Summary of incentives: Current Every two Secondary School $50 Subjects Completed Secondary School Perfect $50 Attendance Credential: $100 Current Enrolled Youth Post -Secondary: Current $100 Enrolled Youth Basic Skills Deficient: Increase $25 in EFL Employment: Current Enrolled $50 Youth Follow-up Secondary School Credential: $50 Post -Secondary $25 Employment: Job Search $25 Employment: Obtaining Employment $50 Rev:5/8/2018 25H-55 2215 N Broadway - Santa Ana, CA 92706 • 714.547,5468 • Fax 714.564.9690 • www.occtoc.org 501(c)3 Federal Tax ID# 33-0930891 Incentive descriptions: HS Dropouts: Individuals who are HS dropouts at time of enrollment will be encouraged to attain a HS diploma or GED. Those who enroll into an institution yielding to a HS diploma or GED will be eligible to receive a $50.00 Gift Card for every two (2) subjects they complete while enrolled in all phases of the WIOA program. Doing so will encourage these WIOA participants to commit to their educational goal and thus attain a secondary credential within a reasonable amount of time. Case Manager, educational counselor and school representatives will communicate regularly to insure that students enrolled into their institution commit to their schedule to complete missing credits on a timely manner. Youth in Secondary Education: Obtaining Credential: Any youth in secondary education that obtains their High School Diploma or GED during current year or follow up will receive a Gift Card incentive. This is to encourage youth for completing their educational goal of obtaining a credential for finishing their secondary education in a timely manner. Because this is a high demand credential by employers we wantto use this incentive as a way to also help them achieve For Current youth: Gift Card incentive will be $100 For Follow-up youth: Gift Card incentive will be $50. Must complete before 0 quarter after Exit. Attendance: Youth in secondary education will receive a $50 Gift Card incentive for every month of perfect attendance. This is to encourage attendance so that youth may achieve their educational goals. Basic Skills Deficient (BSD) Youth: WIOA participants that are basic skills deficient will receive weekly tutoring in Math and/or Literacy (see Work Based Learning Policy). This will aid in literacy, numeracy gain of each client. Youth will receive a $25 gift card per subject when they increase at least one EFL (Educational Functioning Level). Rev:5/8/2018 25H-56 U C CHILDRrg'S _ � 1 4111 '5 HFIT E-- l UTIC A, y,.. _ t 7 _ &KTS 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fox 714.564.9690 - www.occtac.ofg 501(c)3 Federal Tax ID# 33430891 Employment for Currently Enrolled Youth: To motivate youth to complete their employment goals participants will receive a $50 Gift Card incentive when they meet at least one of the following goals and provide supporting documentation of completion: • Turn in application for a job and get an interview • Obtain employment • Employed for 3 consecutive months Employment for Youth in Follow -Up: Turn in application for a job and get an interview: $25 Gift Card incentive Obtain employment: $50 Gift Card incentive For each quarter employed: $50 Gift Card incentive Post -Secondary Education for Currently Enrolled Youth: Participants are encouraged to complete their goals toward post -secondary education so that they may advance in their careers and increase their chances of earning higher hourly wages. Participants will be eligible for a $100 Gift Card incentive if they have achieved one of the following goals toward post -secondary education and provide supporting documentation of completion. • Obtaining a Credential such as: Associates Degree or Certificate • Registering for classes for spring or fall semester and FAFSA/Dream Act Application Post -Secondary Education for youth in Follow up: • Obtaining a Credential: $25 Gift Card incentive • .Registering for Fall or Spring classes: $25 Gift Card incentive Rev:5/g/2018 25H-57 EXHIBIT 1, OC CHILDREN 7S. H E P� A P E U1 _t k'_j A r-..j s, 2215 N Broadway • Santa Ana, CA 92706 •714.547.5468 • Fax 714.564,9690 • www.occtoc.org 501(c)3 Federal Tax ID# 3M930891 Purpose: Work Experience Policy WIOA Program 2018 — 2019 To establish guidelines for the WEX youth's paid work experience placements while enrolled in OCCTAC's Youth Employment Program funded through Workforce Innovation and Opportunities Act (WIOA). . Eligibility & Customer Profile: WEX youth participating in work experience must have unexpired right to work documents and qualify for the youth employment program by meeting the requirements as outlined in the Youth Program Eligibility and Application Policy. WEX youth will make a _plan with case manager in order to assess the developmental needs and place youth in worksite that best fits the WEX youth's experience and interests. Depending on the program that they work for, WEX youth will be working with children age 6 months to adults 65+ if their worksite is OC Children's Therapeutic Art's Center. Customer profile will vary if WEX youth are placed off -site. General Information: Lunch and Breaks: WEXyouth musttake a Y2 hour unpaid break after no more than 5 hours of work. They are also entitled to a paid 10- minute rest period every 4 hours. W-2: To be available for all youths that participated in WEX by January 31 for the hours completed the year before. Youths are responsible to update OCCTAC staff on addresses so that their W-2 gets mailed out to the correct address. 1 Revised: 5.8.2018 25H-58 EXHIBIT 1 � -HOC CHILDREN ME RAP E.,rc A.mrs 2215 N Broadway - Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org 501(c)3 Federal Tax ID# 33-0930M Worker's Compensation: WEX Youth are all covered under OCCTAC's insurance.. If they are ever to become injured or hurt on the job they will call the insurance company and go to the provider covered by the insurance. Work Hours: On average WEX youth will work between 10-20 hours a week: Below are the maximum hours the WEX youth may complete. These numbers are more conservative than California labor laws for youth 17 and under because we do not authorize overtime for any WEX youth. Maximum hours when school in session Ages 14-15 I Aees 16-17 I Aaes 18+ 18 hours a week but not over: -3 hours a day on school days -8 hours a day Saturday- Sundayand holidays 40 hours a week, but not over: -4 hours a day Monday - Thursday -8 hours a day Friday -Sunday and holidays 40 hours 2 Revised: 5.8.2018 25H-59 EXHIBIT 1 0 C C H.1 L D � �. �-� 4 � � �F "A rrt�: r S 2215 N Broadway • Santa Ana, CA 92706 • 714,547.5468 • Fax 714.564.9690 e.www.occtac.org 501 (c)3 Federal Tax ID# 33-0930891 Timecards and Sign in Sheets: Worksite will have a binder on -site where WEX youth will sign in and out. In order for the timesheets to be valid, youth must have the supervisor initial every shift. Youth will then complete timesheets to the best of their knowledge and sign them. At the end of every month, youth must turn in sign -in sheets and signed timesheets to coordinator. If WEX youth is unable to collect sign in sheets, OCCTAC staff may retrieve the sign in sheets from worksite. (Attachment A) Paycheck Information: WEX youth will be paid on the 15th of every month. Duration and Length of WEX Activity: Based on the availability and needs of WEX youth work experience should be a minimum of 6 weeks and not exceed 45 weeks or 900 hours unless approved by Program Manager. Staff of Santa Ana Workforce Development Board may approve WEX waivers of the 900-hour limitation policy. Waiver requests must be submitted in writing. Youth may not exceed the 900-hour limit prior to the date of waiver approval. Rate of. Pay and Payment: During Stipend WEX youth will receive $150.00 for every 20 hours completed for the first 80 hours of work experience. Immediately. after that, youth will be compensated at minimum the California minimum wage for every hour worked. 3 Revised: 5.8.2018 25H-60 EXHIBIT 1 OC CHILDREN?s Tt-Ti'PL.R.AP1T.UTKC ARTE S 2215 N Broadway • Santa Ana, CA 92706 • 714.547,5468 • Fax 714.564.9690 • www.occtoc.org 501 (c)3 Federal Tax ID# 33-0930891 Time Frame California Minimum Wage January 1- December 31, 2017 $10.50/ Hour January 1- December 31, 2018 $11.00/ Hour Worksite Review: Worksite review will occur three times during their WEX training. Worksite Will be monitored for compliance of worksite agreement and safety standards. The purpose will be to ensure that WEX youth is receiving quality training while working in a safe and comfortable environment. (Attachment B) OCCTAC staff member is to visit the worksite before training begins to meet with the WEX youth's supervisor and monitor the worksite. Staff is to do a minimum of one visit halfway through training and a final visit a week before training ends. If corrective action is required, worksite supervisor will be informed by OCCTAC staff of any inconsistencies in the worksites operations. A follow-up visit will be rnade within three to five working days after the findings have been identified, to review corrective action taken by worksite. Allowable Expenditures: WEX funds may be used to pay participant's wages and related benefits for work experience in the public, private, for -profit or non- profit sectors when the participant's objective assessment.and individual service strategy indicate that work experience is appropriate. Allowable expenditures beyond. Wages may include the following: • Classroom training or the required academic education component directly related to the work experience. Revised: 5.8.2018 25H-61 EXHIBIT 1 OC CHILDREN'S THERAPEUTic Ar�,T. 2215 N Broadway • Santa Ana, CA 92706 - 714.547.5468 • Fax 714.564.9690 • www.occtoc.org 501(c)3 Federal Tax ID# 3M930891 ® Professional development training related to work experience • Orientation sessions for WEX youth and employers • Tutoring with OCCTAC tutor in order to improve skills or meet ISS Goals • Meeting with supervisors or employers outside of scheduled work hours for planning, training, or evaluating progress Worksite approval Procedures: Worksite approval procedures ensure that the worksite fits the WEX youth's developmental needs, is a safe environment for them to work in, and provides valuable training. OCCTAC staff will visit the worksite, and fill out a worksite safety report (Attachment C) depending on the youth's age. They should also present the worksite supervisor with the worksite agreement and contract outlining the training/ learning objectives for WEX youth (Attachment D-1 and D-2). 1. The worksite location must be safe, appropriate to the WEX youth's age, ADA compliant and EEO compliant. (Attachment E) 2. The on -site supervisor must agree to abide by the rules indicated in the worksite agreement (Attachment D-2) 3. The on -site supervisor must outline training objectives that coincide with the WEX youth's development and capabilities on the Training Plan. OCCTAC staff will evaluate the proposed . Training Plan and suggest appropriate learning objectives when necessary. On -site supervisor must agree to any, edits suggested by OCCTAC Staff. (Attachment F) 4. Approved: Once the worksite complies by the three conditions stated above the worksite will be approved for paid WEX. S. Not Approved: If the worksite or the on -site supervisor do not comply to the following: safety, ADA and EEO compliance, 5 Revised: 5.8.2018 25H-62 iO3al:11116 0 C.'C H I L D R E N'S . r Tr,, p 7 �� $. .,r 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoc.org 501(c)3 Federal Tax ID# 33-0930891 worksite agreement and appropriate objectives; the worksite will not be approved for paid WEX. Agency Worksite Agreement Procedures: The worksite agreement procedures ensures that all worksites are . evaluated equally and follow the same procedure. Once Staff deems the worksite safe the staff will meet with the supervisor to explain the different parts of the worksite agreement and complete the documents before the WEX youth's first day of training. Worksite training agreement includes: a) Letter from executive director introducing the objective of our Youth Employment Program funded by WIOA (Attachment D-1) b) Worksite training agreement (Attachment D-2) c) WEX youth responsibilities (Attachment G) d) Training plan (Attachment F) and worksite schedule (Attachment H). Staff Roles and Responsibilities: A. Complete Attachment C, Worksite safety report to. best of knowledge and ensure that worksite is ADA and EEO compliant. B. Complete Agency Worksite Agreement with worksite supervisor. See Agency Worksite Agreement Procedures on page 6. C. Complete all parts of Worksite Approval Procedures to ensure that the worksite is the best fit for WEX youth (Refer to pg. 5). D. Complete a minimum of three worksite reviews as outlined in Worksite review. (Refer to pg. 4). E. Provide age appropriate work sites. Revised: 5.3.2018 25H-63 EXHIBIT 1 OC HILDR.EN'S 17 T, 1 TTIC A R _-- L �-. 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 - www.occtac.org 501(c)3 Federal Tax to# 33-0930891 F. Meet with worksite supervisors to evaluate WEX youth's work performance and distribute evaluations (Attachment 1) G. Meet with WEX youth to evaluate the worksite and make plan for developing job skills when necessary H. Assist with job placement at conclusion of WEX training. I. Educate WEX youth on health and safety and make safety plan in case of injury. WEX Youth Roles and Responsibilities: A. Be willing to commit to learning and working hard B. Be willing to follow work hours, instructions, work policies and rules C. Keep accurate timesheets and submit timesheet to the OCCTAC Youth Employment Program office at the end of each month. (Attachment A) D. Immediately report any work related incidents to both the worksite supervisor and the OCCTAC staff E. Communicate any inappropriate behavior of work related issues to OCCTAC staff F. The WEX youth agrees to call the worksite supervisor. a minimum of two hours before his/her shift begins if unable to. report to work. G. The WEX youth is required to stay in his/her assigned placement for a period of 2-3 months. After a period of three months, if the WEX youth chooses to continue at the worksite he/she may do so with the approval of the work site supervisor and OCCTAC staff. If participation is extended additional duties and opportunities to acquire new skills should be included, in order, to further enrich the WEX youth's experience at worksite. H. Abide by responsibilities outlined in the worksite training agreement (Refer to attachment D-2). 7 Revised: 5.8.2018 25H-64 EXHIBIT 1 OC CHILDREN'S H Eld IR A P E. i"T. ,,,S 2215 N Broadway •Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org 501(c)3 Federal Tax ID# 33-0930891 Worksite Supervisor Roles and Responsibilities: A. Be willing to train and mentor the WEX youth B. Be willing to complete monthly evaluations of WEX youth performance. (Refer to attachment 1) C. The worksite supervisor understands this to be an entry level position and the responsibilities assigned shall be entry level. D. Be willing to provide to OCCTAC staff and to the WEX youth a Job Description indicating WEX youth job responsibilities at worksite. E. Give WEX youth appropriate safety training for the worksite F. Give WEX youth timely breaks when appropriate as outlined in the worksite training agreement. G. Abide by the work hours and responsibilities outlined by the worksite training agreement. If any changes are made first they must be approved by OCCTAC staff and stay within the hours outlined above in "general information" section. (Refer to attachment D-2) H. Be ADA compliant I. Adhere to the Equal Opportunity Grievance Procedures J. Observe California State and Federal Child Labor Laws R Revised: 5.8.2018 25H-65 EXHIBIT 1 YSPN MEMBER PERFORMANCE PLAN 2018-2019 Orange County Children's Therapeutic Art Center WIOAYOUTH POPULATION Youth Population . Age's q of Youth to be Served InS.chool 16-18 4 Out-6f.-Schogl(75%minlmurhj ': 16-24 18 '.:TOTAL.NUMIiEROFYOUTHTOBE§ERVE4:. 22 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE:100%OF YOUTH MUST BE ENROLLED BY 2ND QUARTER-DECEMBER 31, 2018) If of Enrollments Quarter .: per.Quaner .: .. Estimated Expenditures per QUader:. 2"a ':Udd o EfifollmgntRequ6etl)P',':.; ' 22 $53,666 22 $53,656 22 $53,666 22 $184,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your July 1, 2018-June 30, 2019 program (Projected Benchmarks subject to change) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are in education/training, strategies or in unsubsidized employment during the 2nd quarter after exit X 2. Alternative secondary school services or dropout recovery Benchmark: 66% X 3. Paid & unpaid work experience that have 2. % of Participants who are in education/training, academic and occupational components, which may or in unsubsidized employment during the Include: summer employment, pre -apprenticeship, quarter after exit Internships &job -shadowing, or On -the -Job training Benchmark:68% (20% of funds must be used for this element) X 4. Occupational skills tralning—priority for 3. The median earnings of Participants in recognized credentials aligned with sectors in- unsubsidized employment during the 2W quarter demand after exit Benchmark: Pending* *Pending furtherState and Federal guidance. X S. Education offered concurrently with workforce 4. % of participants who, during the program, are preparation activities in education or training that leads to a recognized postsecondary credential or employment AND X 6. Leadership development -community service & peer centered activities who are achieving measurable skill gains Benchmark: Pending* Pending further State and Federal guidance. X 7. Supportive Services X 8. Adult mentoring X 9. Follow-up services for not less than 12 months S. % of Participants who obtain a recognized after exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark:58% X 11. Financial literacy 6. Effectiveness in serving employers Benchmark: Pending* X 12. Entrepreneurial skills training X 13. Labor marker information -career awareness and exploration "Pending further State and Federal guidance. X 14. Activities to help youth prepare for and transition to postsecondary education EXHIBIT B 25H-66 i*:cua1a COMPLAINT HANDLING UNDER THE WORKFORCE DEVLEOPMENT ACT SANTA ANA W I OA Santa Ana Local Workforce Development Area Revised April 25, 2018 25H-67 EXHIBIT 1 Table of Contents Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy 2. Civil Rig lH 3. Nondiscrimination laws under WIOA 4 4. How to File Your Complaint 5 B. Criminal Compl II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level S IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA TERMS 20 2 EXHIBIT C 25H-68 EXHIBIT 1 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. MIT C EXHIBIT 1 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disabiity, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must -be -provided -an -equal -chance -to -use -all -facilities -available -in -the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of 1973 70 EXHIBIT 1 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11376 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1071 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: IMM 40VITf1 EXHIBIT 1 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the EXHIBIT 1 receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. IT 1393 iWR A "participant', within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25H-74 EXHIBIT 1 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 EXHIBIT 1 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. so EXHIBIT C 25H-76 EXHIBIT 1 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at anytime prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 M1 EXHIBIT 1 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employers decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683:600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 EXHIBIT C 25H-78 WNM1.115 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level 23 4'�I-7 9 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral andlor written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. 14 EXHIBIT C 25H-80 EXHIBIT 1 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). EXHIBIT 1 PRO'CE "E FOR HANDLING NON CRIMINAL GOMP.LAINTS. No later than 180 days of alleged discrimination Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWDAs Informal Resolution Process w N O O N Unsatisfactory Decision or LWDA Decision not issued within 60 days Within 10 days of ° receipt of unsatisfactory decision or 10 Request for State Review w days from date o LWIA decision o should have been Issued. Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25H-82 EXHIBIT 1 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 VI. Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. v EXHIBIT C 25H-83 EXHIBIT 1 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. is EXHIBIT C 25H-84 EXHIBIT 1 PROCEDURES FOR HANDYTNG M M No later than 180 days of alleged discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of Initial filing of complaints Filing of complaint on the basis Of Disability with LWDA Informal Resolution o If no resolution reached Request for Hearing I F- Notice of Hearing Hearing Conducted I F- LWDA Decision Unsatisfactory Decision or No Decision State Review I Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25H-85 Day I Day 145 Day 60 Days EXHIBIT 1 GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP). COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints' are normally investigated by EEOC EXHIBIT C 25H-86 EXHIBIT 1 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an Institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 21 EXHIBIT C 25H-87 EXHIBIT 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification.of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,0b0 and not more than $110,000 for each such failure. o e- Signature anization 1 ' DCIE c-p Name of Certifying Official Signature EXHIBIT D OCcTAe- Yb k+k -e A VA Program itle 25H-88 EXHIBIT 1 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Orange County Therapeutic Arts Center WIOA Program Name of Contractor: Orange County Therapeutic Arts Center Contractor Number: A-2017- Date: July 1, 2018 - June 30, 2019 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 2215 N. Broadway Santa Ana, CA 92705 Address EXHIBIT E 25H-89 EXHIBIT 1 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a. material representation upon which reliance is placed by the U.S. Department of. Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. . CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d} Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will -. (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25H-90 EXHIBIT 1 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached 'Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Date Program Operator Signature EXHIBIT E 25H-91 - - : ifi Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a,three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orange County Therapeutic Arts Center Grantee/Contractor Organization i Name and Title of Official A horized t Certify On Behalf of the Grantee Date 25H-92 EXHIBIT 1 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in: this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant', "person", "primary covered transaction", "principle", "proposal', and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and `Coverage sections of rules implementing Executive Order 12549, You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lowertier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. . 25H-93 EXHIBIT 1 Assurances & Certifications Selected providers will lie required to sign and submit `actual' assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If 1 cannot, this proposal will be automatically rejected. Please initial each box. 01'arn authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. IM We are not currently on any Federal, State of California, or local Debarment list. off We will provide records to show that we are fiscally solvent, if needed. 'We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: 'Records accurately reflect actual performance. 9— 'Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Connply with State and Federal Iscal and program activity audits. Complying with Federal and State non-discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. iAgrec Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of$1,000,000.00 policy. Q� Agree to provide all participants with Grievance Procedures. }� Agree to insure proposers employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. We will not: fiPlace a youth in a position that will displace a current employee. 1Jse WIA money to assist, promote, or deter anion organizing. Use funds to employ or train of persons in sectarian activities. 'Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. eUse WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 Unless the program(s) are only for youth eligible to participate under WIA. toUse WIA money under this contract to purchase any equipment. 1 hereby assure that all of the above are true. �Mc��lwl•Qth<1— t� c�tPCu�d1L�1�P�r'O Name Title Date EX141BIT li 25H-94 WIMININEW EXHIBIT G BUDGETFORM 2018-2019 Total WIOA Cost Match/In Kind } hy ♦♦ 4,�jX^ 9 PX f y,#yFa� ,� d2 fi. � Ni f' 4-ii k�sry ,,!!1�)] slat,cts•�..�a2_S{{`T,+�3II*il.l�.. �Yi;�t.6�YiSty,'411k ':� S.i" L sy ifiv,T- W. R4A+j�i/.11..�. iY '.Li3;M �.#.� I�. ut 9�%tI �Jf}d�. �i t 1'Y" 4 � `l i_.. �_ili�Yhti 4. SST �. '��a.i ! �*'s�i*' xi:`W�A��.J}{ V4_w� �%:i'"S• 1 1. Program Coordinator.83 FTE 47 weeks $20/hr. 33 hrs. per wk. $31,020.00 $31,020.00 Ext. Director $40,250 2. Job Developer & Case Manager .75 FTE 47 weeks$17/hr. 30 hrs. perwk. $23,970.00 $23,970.00 Acct. Clerk $12,650 3. Career Counselor.63 FTE 43 weeks $17/hrs. 25 hrs. perwk. $18,275.00 $18,275.00 Office Mgr. $23,000 4. Technology lnstructor.13 FTE 32 weeks $17/hr. 5 hrs. perwk. $2,720.00 $2,720.00 5. Arts Instructor.13 FTE 32 weeks $17/hr. 5 hrs. per wk. $2,720.00 $2,720.00 Program Staff $92,000 6. Literacy Coach .30 FTE 32 weeks$16/hr. 12 hrs. perwk. $6,144.00 $6,144.00 Exec. Admin/ Com uter$69,000 7. Numeracy Coach .30 FTE 32 weeks$16/hr. 12 hrs. per wk. $6,144.00 $6,144.00 Child Dev. Certificate $62,100 1. Program Coordinator $3,877.50 $3,877.50 4,031 2. Job Developer & Case Manager $2,996.25 $2,996.25 3. Career Counselor $2,284.38 $2,284.38 2,875 4. Technology Instructor $340.00 $340.00 S. Arts Instructor $340.00 $340.00 11,500 6. Literacy Coach $768.00 $768.00 7,625 7. Numeracy Coach $768.00 $768.00 7,763 Total Personnel Salaries & Benefits $102,367.13 $102,367.13 332,794.00 Rent $96,000 Utilities $12,880 Phones $16,100 Internet Fees See phone Parking Fees $50.00 $50.00 N/A Security N/A Maintenance $4,600 Insurance $7,820 Equipment rental fees N/A Accounting Services $38,606 Vehicle lease $1,000.00 $1,000.00 N/A Office expenses (consumables) $2,300.00 $2,300.00 $17250 Legal Services N/A Auditing Services N/A Staff Training $300.00 $300.00 N/A Staff Conferences $500.00 $500.00 N/A Staff Travel/Mileage $200.00 $200.00 N/A Participant Wages $47,442.97 $47,442.87 N/A Supportive Services $12,020.00 $12,020.00 N/A Participant incentives $1,650.00 $1,650.00 N/A Youth Conferences $800.00 $800.00 N/A Indirect Cost $11,370.00 $11,370.00 N/A Follow Up $4,000.00 14,000.00 N/A Total Operating Expenses $81,632.87 $81,632.87 $193,256.00 GRAND TOTAL(Personnel +Operating) $184,000.00 184,000.00 $526,050.00 25H-95 EXHIBIT 1 WIOA 2018-2019 Grant Personnel S 102,367.13 Coordinator —.83 FTE for 47 weeks: (Benefits Included) 33 hours a week for 47 weeks @ $20.00 per hour The Coordinator will work 33 hours a week for 47 weeks providing: recruitment & eligibility intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC— WIA Staff Meetings and document input; organize relative activities. Distribute WEX hours to youth and keep track of all paid hours and supportive service activities. Also, the coordinator will provide assistance to youth during follow-ups, and complete any related documentation. Job Developer/Case Manager —.75 FTE for 47 weeks (Benefits Included) 30 hours a week for 47 weeks @ $17.00 per hour The Job developer is responsible for creating job opportunities for clients by researching, identifying and soliciting commitments from possible sources of employment; and provide clients with soft skills and job search training. Job developer will also locate employment opportunities that fit each individual youth depending on barrier such as Disability, probation, or parenting youth. The Case manager portion of this position includes providing documentation & case notes, identify barriers and goals; monitor progress & goals; meeting regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network ad youth council meetings; organize and attend OCCTAC- WIA Staff meetings and document input; organize related activities, such as: workshops, mock interviews etc. Career Counselor—.63 FTE for 43 weeks: (Benefits Included) 25 hours a week for 43 weeks @ $17.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants; mentoring and assisting with related work experience placement; observing and monitoring participants with technical/artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Technology Instructor —.13 FTE for 32 weeks: (Benefits Included) 5 Hours a week for 32 weeks @17.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants as it relates to the technology field; mentoring and assisting participants with related work experience placements; observing and monitoring participants with technical skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular tem meetings. Arts Instructor—.13 FTE for 32 weeks: (Benefits Included) 5 Hours a week for 32 weeks @17.00 per hour: The respective position will be responsible for providing educational and career training in the Arts to all WIA participants; mentoring and assisting participants with related work experience placements; observing and monitoring participants with artistic skills; documentation progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Literacy/Instructor—.30 FTE for 32 weeks: (Benefits Included) 12 hours a week for 32 weeks @$16.00 25H-96 EXHIBIT 1 The respective position is responsible for assessing the literacy and basic skills of all WIA participants; teaching WIA participants learning and literacy strategies; monitoring & documenting literacy progress throughout the program; meeting regularly with WIA participants and attending regular team meeting. Numeracy Coach/Instructor—.30 FTE for 32 weeks, (Benefits Included) 12 hours a week for 32 weeks @$16.00 The respective position will be responsible for assessing the numeric and basic skills of all participants; teaching WIA participant's learning and mathematical problem solving strategies; monitor & documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Rent $0.00 Utilities S0.00 Phones S0.00 Internet $0.00 Parking Fees S SO= Funds allocated for parking fees at CWA Conference, Trainings, and Campus visits. Security S0.00 Maintenance S0.00 Insurance $0.00 Eauiament rental Fees 50.00 Accounting Services $0.00 Vehicle Lease S 1,000.00 Funds Allocated for the rental of 2 buses for Field trips Bus Rental $500 each Office Expenses S2.300.00 Office Supplies: as needed for 1 year $960 Office supplies (copy paper, files, folders, pens, highlighters, paper clips etc.) will be purchased as need by WIOA staff members though out the year in order to assist in administration work and resource information or youth. Office Supplies as needed for workshops and meetings and classes for 1 year $700 Food: as needed for Field Trip and Conference: $640 2 field trips: 2 X $170 = $340 2 conference trainings $300 25H-97 EXHIBIT 1 TABE Test Material $300 Purchase necessary TABE Test score sheets to asses' students before and after program session Legal Assistance S0.00 Auditing Services S0.00 Staff Training S300.00 Staff Conferences $500.00 CWA conference registration fee for 1 or 2 case managers tall r v Mileage $200.00 Mileage for WIA Staff as needed for 1 year $200 Mileage reimbursement will be made for WIA Staff for driving to WIA required events. Such as YSPN meetings, Staff trainings, driving youth to necessary events (fields trips, Youth council meetings, City Council Meetings, WEX placements, resource or referral appointments) Stipends and Wages for 23 Participants S 47.442.87 Training Stipends (in school — out of school youth) — 23 participants First 20 hours: participants given $150 stipend to participate in program Second 20 hours: participants given $150 stipend to participate in program Third 20 hours: participants given $150 stipend to participate in program Fourth 20 hours: participants given $150 stipend to participate in program After stipends completion Months 3 —11: participants paid $11.00 per hour for Work based learning (5 -10 hours per week or as funds become available) Supportive Service S12.020.00 Buss Pass/Gas Voucher: As needed for 23- participants $6,475.00 12 bus passes @65.55each for 6 months $4,725.00 4 gas cards @$50. Each month for 9 months $1,750.00 Funds are allocated for youth who are in need of transportation related support Work Related supplies: As needed for 23 participants $1,840.00 Work related and Skills building tools, book, portfolios. Items needed for job interviews, Employment opportunity, employment enhancement trainings and clothing, supplies. Academic Support: As needed for 23 — participants $1,653.00 Tuition Support for certificates or other related academic programs for 22 participants; books for related course work, tutoring supplies, and college field trips and other academic supplies. Fingerprinting/TB Test; as needed for 23 participants $552.00 22 fingerprinting @$16 each $352.00 and 30 TB test @$20 each $200.00 Funds allocated for Dept. of Justice Clearance & TB test for employment. Child Care Services $1,500.00 Childcare assistance is defined as the provision of $50 payment to institution/daycare/childcare provider upon receiving an invoice. 3 youth x $50 = $150 x 10 (months) = $1,500.00 25H-98 EXHIBIT 1 Program Incentives $1,650.00 High School Drop Outs $50 incentive forevery two modules or classes completed leadingto a High School Diploma 2 Youth x 6 (12 modules) =12 x $50 = $ 600.00 Education related Credential $100 incentive for obtaining a credential. 3 youth x $100 = $300 Basic Skills Deficient $25 incentive per subject when youth increase at least one EFL. 20 youth x $25 (one subject) _ $500 Employment $50 incentive when they meet at least one of the following goals and provide supporting documentation of completion: a. Turn in a job application and get and get an interview b. Obtain employment = $250 Youth Conferences $800.00 CWA conference registration fee for 2 currently enrolled youth Follow Up $4,000.00 Indirect Cost $11,370.00 10% de Minimis Program Documents: a. WIA Youth Sign in Sheet: Participants will log and track all activities and hours accumulated on a day by day basis and have supervisor sign to confirm time of arrival and departure to their activities. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session etc. b. WIA Youth Time Sheet: Participant will turn in a weekly time sheet with all hours accumulated throughout the weeks in activities attended. Youth will be asked to log their task in detail in order to provide proof of activities attended. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session and any other supplemental hours approved by supervisor. c. WIA Staff Time sheet: Staff will turn in a weekly time sheet with hours worked for meetings with WIA youth, WIA administration, teaching a WIA class or Workshop, or Tutoring and preparing for youth appointments, as well as any additional supplemental hours approved by WIA staff supervisor and administrator intended for WIA program purposes only. 45% of budget will be directly spent on youth in the form of paid work experience, stipends, certificates training, college tuition support and othersupportservices. 25H-99 EXHIBIT 1 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. ❑ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. ❑ We are not currently on any Federal, State of California, or local Debarment list. ❑ We will provide records to show that we are fiscally solvent, if needed. ❑ We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ❑ We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ❑ Records accurately reflect actual performance. ❑ Maintain record confidentiality, as required. ❑ Reporting financial, participant, and performance data, as required. ❑ Comply with State and Federal fiscal and program activity audits, ❑ Complying with Federal and State non-discrimination provisions. ❑ Meeting requirements of Section 504 of the Rehabilitation Act of 1973. ❑ Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) ❑ Meeting all applicable labor law, including Child Labor Law standards. ❑ Agree to provide a drug free workplace. ❑ Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. ❑ Agree to provide all participants with Grievance Procedures. ❑ Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) ❑ Procurement policies and procedures are in place and meet federal guidelines. We will not: . ❑ Place a youth in a position that will displace a current employee. ❑ Use WIA money to assist, promote, or deter union organizing. ❑ Use funds to employ or train of persons in sectarian activities. ❑ Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ❑ Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ❑ Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. ❑ Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Name Title Date IC►:�:II:iYD'I 25H-100 EXHIBIT 1 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702: its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have.as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25H-101 FXHIRIT 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIWYY) 0510912018 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 INS URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CONTACT NAME; CerflFlcate Issuance Teem Comprehensive Insurance Services AHre°NN (949) 709-8800 N0; (848) 708d668 26429 Rancho Parkway South a DD REss; Infogthecompmhensive nnsumnce.com Suite 120 INSURE S AFFORDING COVERAGE NAICN Lake Forest CA 92630 INSURERA: Nonprofits Insurance Alliance of California 11845 INSURED INSURER B : Orange County Children's Therapeutic Arts Center INSURER C: _ 2215 N. Broadway INSURER D ; INSURER E : Santa Ana CA 92706 INSURER F: COVERAGES CERTIFICATE NUMBER: Lm7122203108 RFVISIONNIINUiPR- THIS ISTO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDA13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE SD 4WD POLICY NUMBER MMID�IYYYY Y EFF MWDO LIMITS X1 COMMERCIAL GENERAL UANLITY CLAIMS -MADE 7X OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES EaeeW arse $ 500.000 MEDEXP("one on) $ 20,000 PERSONAL A ADV INJURY $ 1,000,000 A Y 2017-092D1 12/2V2017 12/21/2018 GEN'LAGGREOATE LIMIT APPLES PER: POLICY ❑ JECT � LOC GENERALAGGREGATE s 2,000,000 PRODUCTS $ 2,OOD,000 OTHER: $0 Deductible s AUTOMOBILE LIABILITY COMBINEDSINGLEUMIT Es acGtle 1 $ 1,000,DOO BODILY INJURY (Per person) s ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2017.09201 12J21/2017 12/21/2018 IX BODILY NQ URY(Per actldent) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE racddnt s $O Deductible $ UMBRELLA LIAR OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS UAB CWMS-MADE DED I I RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'UABILITY YIN ANY PROPRIETORIPARTNEWEXECUTNE OFFICER/MEMBER EXCLUOEDT MIA I PER OTH- 6TAME ER E.L EACH ACGDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) N yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 8 A Social Service Professional Liability Improper Sexual Conduct Liability 2017-09201 1212112017 12/21/2018 $1,000,000/1,000,000 $1.000,000/1,000,000 Aggregate/Occurr Aggregate/Occurr $0 Deductble DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlUOnal Remarks Schedule, maybe aOachOd It MON BpaCO is roqulred) The City of Santa Ana, its officers, employees, agents, and representatives are Included as Addidonal Insured per attached endorsement CG2026. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy Is primary and is not additional to or Contributing with any other insurance carried by or for the benefit of the additional insureds per attached endorsement NIAC 1161. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. CERTIFICATE HOLDER r.ANr PI I ATInhi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana (The) ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 w 6H 4O ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name a w marks of ACORD EXHIBIT 1 POLICY NUMBER: 2017-09201 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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) Any person or organization that you are required to add as an additional Insured on this Policy, under a written contract or agreement currently In effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured additional Insured theperson(s) or organization(s) shown in the Schedule, but only with respect to 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 of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional insured will. not be broader than that which you are required by the contractor agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © ISO Properties, Inc., 2012 Page 1 of 1 25H-103 NONPROFITS INSURANCE ALLIANCE OF CA,LIFOMIA A Head jor Insurance. A Heart farNotprolAS. EXHIBIT 1 POLICY NUMBER: 2017-09201 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you are required to add as an additional Insured on this policy, under a written contract or agreement currently in effect or becoming effective during the term of this policy, in consideration of food contribution or client referrals you receive from them. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11—Who Is An Insured is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional Insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified In the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. 25H-104 NIAC-611117 Page 1 ■��. NONPROFITS ■ INSURANCE AUTANCE OF CALIFORNIA A Head Jm rasoranra A Heart jorNodpreJlts, EXHIBIT 1 POLICY NUMBER: 2017-09201 D. A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described In c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other Insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I —COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (a) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) (a) The total of all deductible and self -Insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. b. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-e11117 25H-105 Page 2 25H-106 EXHIBIT 2 Workforce Innovation & Opportunity Act Youth Program Provider Orange County Conservation Corps 2018-2019 EXHIBIT A 25H-107 EXHIBIT 2 AGREEMENT UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 1' day of July, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Conservation Corvs,'a non-profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 835566431 ("SUBRECIPIENT"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program"). D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit. A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. 25H-10$ Page Iof17 EXHIBIT 2 B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 658.411. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll records and job duty statements. 25H-109 Paget of 17 EXHIBIT 2 2. SUBRECIPIENT agrees to forward to the Santa Ana Work Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana Work Center Administration. 3. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, and records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and Participants related to this Agreement. Such agencies or representatives shall also schedule on - site monitoring in their discretion.. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay • all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CTI'Y, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement 25H-110 Page 3of17 EXHIBIT 2 '. contract, Accounting records must be supported by such source documentation as invoices, bills, statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents (2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (loth) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENTS own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow ds orsnspgnd additional grant funds. N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference, 25H-111 Page 4of17 EXHIBIT 2 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit F"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regu lations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On pate,.`.,,PpOng the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $Pe�ag or fiscal year 2018-2019. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed A 00D00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit G" and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. 25H-112 Page 5of17 EXHIBIT 2 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. M. TERM OF AGREEMENT A. This Agreement shall commence on July 1, 2018, and all duties arising under this Agreement shall have been performed by June 30, 2019. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in otherprojects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. 25H-113 Page 6of17 EXHIBIT 2 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII—of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2"' quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 41 quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2' quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, 25H-114 Page 7of17 EXHIBIT 2 State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with fiords pursuant to this 25H-115 Page 8of17 EXHIBIT 2 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases ownerslrip with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. 25H-116 Page 9of17 EXHIBIT 2 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act ((42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S, EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will betaken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business Involving Close personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for SUBRECIPIENT to conduct business with a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or 25H-117 Page 10of17 EXHIBIT 2 a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f. Salary and Bonus Limitations. All Subrecipients of WIOA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. VH. HOLD AARAMESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VM. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY (in substantially the form as 25H-118 Page II of17 EXHIBIT 2 Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, Participants or other agents to utilize their own. automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATESTATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 25H-119 Page 12of17 EXHIBIT 2 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. 25H-120 Page 13of17 EXHIBIT 2 1111IM11111 SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. )IV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIP ENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERNIINATION A. This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare. a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless the dispute involves a change order. 25H-121 Page 14of17 EXHIBIT 2 XVu. BREACH -SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation, For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such tennination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRECIPIENT: Orange County Conservation Corps 1853 N. Raymond Avenue, Anaheim, CA 92801 Phone: -(714) 956-6222 Fax: (714) 956-1944 XIM MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 2 5 H -122 Page 15 of 17 EXHIBIT 2 XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. NIISCELLANEOUSPROVISIONS 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. 25H-123 Page 16of17 EXHIBIT 2 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: rtAn 0.4lodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency WN "CITY" By: Raul Godinez 11, City Manager "SUBRECIPIENT" Name: Katharyn O. Muniz Title: Executive Director Tax ID #: 33-0563781 25H-124 Page 17 of 17 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS SANTA ANA YOUTH WORKFORCE INVESTMENT ACT PROPOSAL 2018-2019 i. Experience/Qualifications A. Briefly describe your agency. The Orange County Conservation Corps (OCCC) is a nonprofit, certified local conservation corps, one of 14 certified local conservation corps in California. As a certified local conservation corps, the OCCC operates under the California Public Resources Code which mandates several program components, including paid work experience, job training, education, life skills and pre -employment training. B. List the facility address and address of headquarters if different location. Please Include major cross streets. Orange County —The Education Corps Cross streets: Walnut and South Acacia in Fullerton 1548 E. Walnut Fullerton, CA 92831 (714) 956-6222 Administrative Headquarters Cross Streets: Raymond and Kimberly in Anaheim 1853 Raymond Ave. ' Anaheim, CA 92801 (714)956-6222 C. Indicate hours of operation for facility. OCCC offices are open Monday —Thursday from 7:00 am to 5:00 pm and Friday from 8:00 am to 12:OOpm. Additional week -end and evening hours to be arranged depending on individual participant needs, scheduled events, and activities. D. Briefly Indicate what makes your facility youth friendly and suitable for the proposed program. The facility is designed in a regular classroom setting with a certificated teacher assigned to each classroom. All classrooms are equipped with computers and internet access for Corpsmember use. Pictures of Corpsmember accomplishments and success boards are displayed throughout the facility. A resource area is designated for Corpsmembers to access medical, health, community information, and job leads as well there are two computer labs, in which tutoring sessions, online courses, workshops, career exploration assessments, and many other activities take place. The Corps -to -Career Specialist has a private office equipped with two computers in order to provide individual guidance, mock interviews, resume development assistance, and career exploration tools. There are spaces available in which case managers work with Corpsmembers one-on-one to provide needed support services. A feedback box is available for Corpsmembers to provide suggestions or request additional services. The facility is close to public transportation, and the OCCC provides transportation assistance in the form of bus passes, gas cards, and company vehicles. Online classes are also available for students for whom transportation or childcare is difficult. EXHIBIT A 25H-125 EXHIBIT 2 E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue The Fiscal Year 2018 annual operating budget for the Orange County Conservation Corps is: $4,340,500 Workforce Investment Source CalRe cle Board Fee For Ser Others Amount 1 649 000 597,10( 1,300,000 794,400 2. Brief description of staff: OCCC has 35 staff members committed to helping Corpsmembers achieve their goals. There is a dedicated full-time case manager for the Santa Ana region, who has many years of experience with the OCCC and the youth we serve. OCCC also has support staff that help guide and mentor Corpsmembers. Beyond the Santa Ana WIOA case managers, we have other case managers who can assist Corpsmembers with supportive services and provide mentorship. The Corps -to -Career Specialist and assistant job developer helps Corpsmembers discern their career and education goals, helps them create their resumes, coordinates externships and on-the-job training, and provides job leads. The Charter School has five certificated teachers who provide direct instruction in classrooms with state-of-the-art technology. A fulltime guidance counselor provides one-on-one support, including: planning their career paths, tracking credits and graduation requirements, facilitating workshops on anger management, substance abuse, vocational education, and post -secondary education. OCCC management team has over 66 years of experience working directly with the business aspects associated with the OCCC. The Chief Executive Officer brings over 21 years of leadership and executive management. 3. Past experience with WIOA programs or other youth programs: OCCC has incorporated a variety of best practices from various state and national models for youth and workforce development to serve this population. OCCC's basic program design has been in place since 1995 and has expanded and enhanced its WIOA program services since the inception of WIOA funding in 1998. OCCC's program design provides comprehensive and coordinated activities for at -risk youth to meet and exceed planned expected outcomes in literacy and numeracy gains, attainment of a degree or certificate and placement in employment or post -secondary education. 4. What kind of impact your agency has made on the youth community: According to a 2012 study conducted by New York University and Columbia University on the Economic Value of Opportunity (at -risk) Youth, disconnected youth (unemployed and under educated) ages 16 to 24 cost the taxpayer an average of $37,450 per year. EXHIBIT A 25H-126 EXHIBIT 2 Every year OCCC produces up to 100 high school diploma graduates, provides paid employment and on the job training to nearly 300 at risk- youth and reduces taxpayer burden for these youth to the savings of $5,617,500 annually (estimate 150 youth X $37,450). OCCC enrolls the neediest at -risk youth as designated by the Santa Ana Youth Council, those who need to learn how to work and go to school. The OCCC is a six to twelve month comprehensive program with various components and strategies designed to guide and support youth into being employable, trainable, self-sufficient adults. The program's support services and paid work experience help the youth to stabilize their lives and help them deal with the many issues they face on a daily basis so they can first maintain their employment and education program. Once the youth become stable and are able to maintain employment and education, they continue to be assisted in furthering their education, Improving their work skills, and seeking better employment post -corps, leading to a life of self-sufficiency. 2. Proposed Program A. Provide an overview of the program's main objectives. It is the philosophy of OCCC to engage at risk youth in ways that both support educational attainment and job training while recognizing their need to simultaneously earn a living to support themselves and possibly their family as well. We are able to do this by integrating and supporting education and employment as mutually exclusive goals. We integrate the concept of community service into our services to attract young people and to benefit the community. Furthermore OCCC recognizes the value of young adults as contributing to our economy and society and those at risk young adults that need the support in order to build future generations of contributors. WIOA Corpsmembers will be provided or will obtain services necessary to ensure that youth achieve the ultimate goal of employment. Services include, but are not limited to: • support services; referrals for legal, medical, substance abuse, health, housing, family/personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, transportation, etc. • OCCC staff members serve as adult mentors and tutors • Access to the OCCC computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on-line services • Transition assistance such as: job placement / vocational certification / education opportunities / career guidance The OCCC program is a transitional work/school program that combines work and school daily in a structured, supervised program, inclusive of the following program components: EXHIBIT A 25H-127 EXHIBIT 2 • Provide jobs for foster/emancipated youth, youth with disabilities and youth on probation and who are Older and/or Out -of -School WIOA eligible youth and are Santa Ana residents • Meet/exceed the WIOA outcomes for entered employment or education, credential attainment, and skill gains as outlined by the Santa Ana Youth Council; • Youth who are unemployed and out of school will be enrolled Into the Orange County Education Corps Charter School to earn their high school diploma • Provide "soft" and "hard" occupational skills training needed to complete Orange County Conservation Corps work projects (i.e. evasive species removal, reforestation, irrigation, construction, recycling); • Provide paid work experience, trainings, and certificates to develop and/or improve their resumes for future employment; • Develop and maintain a portfolio that highlights their work/school/credential accomplishments to use in seeking employment post -program • Improve basic skills and improve at least two grade levels on a standardized tests (i.e., STAR, TABE); • Earn scholarships for post -secondary instruction; • Develop leadership skills through various crew based and individual trainings; • Transition successfully from the OCCC program Into employment and/or post -secondary Continuing education; • Complete work projects that benefit our local communities and instill a sense of community service and pride in their communities. As a part of theirtraining, Corpsmembers are placed in on-the-job training, and they are paid for the work they do. These paid work experience placements have been developed by the OCCC to assist local cities, county agencies, and other nonprofit agencies with their conservation and land management needs. OCCC work projects are environmentally -driven and benefit the community. S. Population A. Describe the total number of youth that will be served by this grant This grant will allow 22 of Santa Ana's youth to participate in the OCCC program. B. Describe the age range of the youth that will be served. The OCCC serves youth/young adults ages 18 to 24. C. Describe any minimum requirements that youth need to have in order to be enrolled into your program. The OCCC has no minimum requirements in addition to the WIOA Youth eligibility requirements. EXHIBIT A 25H-128 EXHIBIT 2 D. Special considerations for youth services OCCC intends to serve at least 80% of out -of -school youth. At least 10% of youth with disabilities, at least 10% of foster/emancipated youth, at least 10% of youth that has dropped out of high school and 10% of youth on probation. Historically, OCCC has met or exceeded these expectations and is evident within our annual program audits from our WIB contractors. E. Specify how the targeted youth populations will be recruited. The outreach and recruitment plan for this program will target youth most in need and will be recruited through the following; • Local school districts and alternative schools • County alternative schools • Probation officers • Youth and Family Resource Center • Word-of-mouth • Job fairs/presentations In addition to the normal recruitment strategies of job fairs, partner networks, and presentations to and referrals from local groups and organizations, the OCCC will employ "street outreach" to recruit the WIOA participants. Street outreach entails handing out flyers with the OCCC's toll - free telephone number (888.641.2677) and website address (www.hireyouth.ore); and interacting with youth where youth "hang out" in parks, malls,food courts, week -end community events, and even walking local neighborhoods. Historically the OCCC's most effective recruitment strategy has been referrals from former and current Corpsmembers, theirfamily, and friends, as well as through Craigslist and advertisements in other media such as Facebook. See attached recruitment flyer in Attachment W. F. Include letters of Support from organizations that have agreed to refer youth to your program. See Attachment C. See letters from Young Invincibles, YWCA, Western Youth, Community Services, CCCOE/CDCR Probation, and the OC Department of Education Accountability Commitment Program. G. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2018). We have been successful at recruitment and enrolling youth in the program in the past and do not expect any difficulty enrolling youth by December 31, 2018. Our partners rely on our services and regularly refer their clients to us. The full-time case manager and the recruitment team will provide needed resources to complete full enrollment by December 31, 2018. 4. Assessment A. Youth Services are required to use the Test for Adult Basic Education assessment tool. EXHIBIT A 25H-129 EXHIBIT 2 OCCC intends on continuing to use the TABE and should another assessment tool be warranted we will seek approval prior to implementation. B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. Youth will be enrolled in the OCCC program for academic and vocational assessment and orientation to the OCCC. The timeline of services, as per the attached customer flow chart, will consist of up to 12 month direct services. This entails enrollment, assessments, and service provision with target outcomes for each participant. Each participant will also be eligible for 12 months post exit follow up services, The OCCC's Program Specialist, in conjunction with the WIOA participant, will develop the youth's Individual Service Plan (ISP) inclusive of assessment results, work readiness evaluation, and counseling and guidance for personal needs. Case Managers will review IEP's if needed, ONET Profiler and conduct work readiness pre and post tests. C. Describe knowledge of the barriers that the youth encounter. Currently we serve participants with the following known barriers, have not completed high school at the time of entry (under educated), are or have been court -involved, including on probation/parole, are single parents, are or have been in foster care, are or have been gang - affiliated, had incarcerated parents during childhood years, are at two years below ninth grade literacy fluency, are below ninth grade level, qualify for the Free/Reduced Lunch Program (low income), have limited or no means of transportation. D. Specify how your agency will address the barriers that youth encounter. These disenfranchised youth need to work —often they need to work to make a living for themselves and in many cases, their families, Too many programs serving youth don't offer a paid work experience component —this negates the acquisition of basic skills for many youth because they don't see the relevancy of instruction. They need training that will lead to a career, and they need education that is relevant to theirjobs and makes sense to them. The OCCC can help them understand how earning a high school diploma will benefit their employability and help them achieve their goals. Many Corpsmembers come to the program with very specific needs based on their barriers. For instance, our agency provides services to both young mothers and parenting fathers, connecting them to needed resources. OCCC plans to be a part of the collaborative to connect services available to pregnant and parenting youth. Homeless youth also have very specific needs, often having a history of abuse, financial hardships, drug addiction, lack of self-esteem, lack of employment skills, etc. They face great dangers staying on the streets and are always flagged in our enrollment protocols to receive most immediate services. The OCCC will also refer youth to other agencies, based on need. The OCCC strongly believes in the All Youth, One System concept. This belief is demonstrated bythe way the OCCC networks with many outside entities, EXHIBIT A 25H-130 EXHIBIT 2 helping to ensure that all participants are linked to appropriate and necessary support services in the community. Equally important we have onsite individual and group counseling, provide nutritious meals and transportation services at specified pick-up point locations. 5. Paid & Unpaid Work Experience A. Describe in detail the paid and unpaid work experience opportunities that will be offered. Corpsmembers may remain at the OCCC for up to two years to earn... learn... and serve. This gives Corpsmembers the time necessary to develop the skills to enter the workforce and become self- sufficient. The OCCC program provides an opportunity for Corpsmembers to earn a livingthrough paid work experience, learn job skills and further their education, while they serve their community by completing work projects. Summer employment— Employment opportunities are available all year round but for those attending full time school or unable to work year round, summer employment will be available. Pre -apprenticeship programs- Because a big part of our mission involves getting our participants prepared to enter the workforce and become self-sufficient, we have been expanding our work experience program to include summer or seasonal service. OCCC program participants who are selected to participate are 18-25 years old and receive paid work experience with our partner companies, like Goodwill Industries, Smart & Final, CVS Pharmacy, Party City, Marshails, Costco, and many others. They are allowed to work a maximum of 29 hours per week, nights and weekends if needed, for up to 90 days while they earn their diploma. Internships or job shadowing -Job shadowing is available for new trainees to observe their peers as working Corpsmembers and also to experience different positions in the labor market. Ride- alongs on work crew projects give new participants the opportunity to see firsthand the duties and expectations of Corpsmembers on conservation projects. Also many of ourjob development placements have job shadowing as part of a new hire training period. On-the-job training provides Corpsmembers the opportunity to earn while they learn, with business, leadership, and teamwork skills. They train with professionals in a variety of fields, gain confidence in their own abilities, and pursue their career goals. Corpsmembers' time at the OCCC Is largely spent serving their communities. OCCC projects and on-the-job training opportunities cover Orange County: aiding recycling efforts, restoring its native habitats, protecting water supplies, and working on fee for service projects throughout Orange County. Corpsmembers leave, worker's compensation and liability insurance is paid through OCCC's grant funding, along with any uniforms the partner business requires. Assistance with transportation and other supportive services are also provided. Under the mentorship of the partner's employees, our participants learn valuable job skills that enhance their knowledge and ability. B. Special Consideration for targeted in demand industries as identified in the SAWIB's five year plan. EXHIBIT A 25H-131 EXHIBIT 2 The OCCC strives to help Corpsmembers enter the workforce successfully. The following career pathways have been listed as Orange County's top industries: Manufacturing/Advanced Manufacturing- OCCC intends to identify manufacturing resources within Orange County and develop opportunities for our participants to gain the exposure, training and apprenticeships necessary to be prepared for such employment. Also, Corpsmembers have the opportunity to obtain certifications in forklift operation and truck driving through the OCCC or its partners. OCCC has a partnership with Prominent Staffing that place work ready participants in manufacturing jobs within Orange County. Healthcare and social services — Many Corpsmembers have obtained externships with CVS and Walgreens Pharmacies, exposing them to the field of healthcare. Other Corpsmembers have gone on to further their education in healthcare fields. One former Corpsmember graduated from American Career College as a dental assistant after having worked with an orthodontist while attending classes. The OCCC will continue to expose Corpsmembers to healthcare agencies through trips to local businesses, educational opportunities, and speakers and workshops at OCCC facilities. The OCCC will strive to expose Corpsmembers to the medical field and conned them with career certifications. OCCC has a rich history and strong partnerships with other Orange County non -profits such as Goodwill Industries, Habitat for Humanity, Boys and Girls Club of Santa Ana, Working Wardrobes and many others. All of which are open to providing social service training experiences for our participants. Additionally, these agencies seek out OCCC for participant referrals for their open positions. Hospitality/Entertainment — Corpsmembers have a variety of opportunities in this field, Corpsmembers have the opportunity to receive food handler's licenses and National Retail Federation certifications in customer service. Externships, on-the-job training, and job shadowing opportunities through partners like Goodwill Industries, CVS and Walgreens Pharmacies, Costco, Dollar Tree, Smart & Final, and others provide hands-on customer service experience. A Corpsmember recently started an externship at a local hotel and spa. Corpsmembers have participated in a partnership with the Fullerton Arboretum and local social enterprise Monkey Business Cafe, which benefits foster youth, called "Farm to Table." Corpsmembers work both on the arboretum's farm and at the cafe, developing a strong connection between where food grows and the process involved in delivering it to the table. OCCC also has a partnership with Contract Services Group that exclusively providejob placement forour participants within Orange County entertainment venues and hotels and Anaheim Resort Transportation providing hotel to amusement park transportation, Green/clean/environment — Corpsmembers will participate in a large way in the expansion of the OCCC's waste management and recycling program to include oil, e-waste, bottle and Can and tire recycling. They get real -world experience by planning and executing OCCC projects around the county. Some specific labor markets include green building operations, solar panel EXHIBIT A 25H-132 EXHIBIT 2 Installation, and water treatment, aiding bottle and can recycling efforts, restoring native habitats, protecting water supplies, and working on fee for service projects throughout Orange County. OCCC also has a rick experience in working with the National Park systems, Department of Fish and Game, National Forestry Service, Laguna Canyon Foundation and the newly formed Santa Ana Conservancy. The WIOA Participants' paid work experience, certifications, and career training will be focused on our partnerships with those that can further provide experience in relevant and growing Industries including information technology, manufacturing, healthcare, hospitality and entertainment, and environmental. The OCCC strives to create career pathways for Corpsmembers in these fields. All training will be designed to address those occupations which are in demand to help assure the successful employment of the WIOA youth. C. Special Consideration for organizations that offer job training/preparation In the industries of science, technology, engineering, the arts and math. It is the intent of OCCC to provide the appropriate exposure and necessary training to our participants in the fields of science,technology, engineering, the arts and math through extensive education and promoting secondary education opportunities in those fields. D. List some of the employers that will assist in the paid and unpaid work experience opportunities. 211 Orange County —Santa Ana A Live Scan Center —Anaheim Anaheim Resort Transportation - Anaheim Bella Dia Salon— La Habra Anaheim Public Library—Haskett Branch Boys & Girls Club — Garden Grove Boys & Girls Club — Santa Ana Boys & Girls Club - Cypress Costco — La Habra City ofYorba Linda City of Aliso Viejo CVS Pharmacy —All cities Dollar Tree — Buena Park' Goodwill of Orange County —All stores La Palma Public Library Habitat for Humanity- Santa Ana EXHIBIT A 25H-133 EXHIBIT 2 Mesa Cold Storage - Fullerton Monkey Business Cafe — Fullerton Orange County Child Abuse Prevention —Santa Ana Orange County Public Works Orange County Therapeutic Arts — Santa Ana Orangethorpe Elementary School — Fullerton Santa Ana Public Library Santa Ana Work Center Smart & Final Extra —AII Orange County stores Starbucks - Fullerton Terra Pacific Waste Management —Anaheim The Friendly Center— Orange The Elegant Touch — Orange Custom Hair —Buena Park Walgreens —AII Orange County locations E. Include Letters of Commitment from employers as Attachment D. See attached letters from Laguna Canyon Foundation, City of Garden Grove, City of Irvine, Prominence Staffing, and Audubon California. F. Include a copy of the Work Experience policy as Attachment E. 6. Alternative Secondary School Services A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. The OCCC's organizational purpose is to empower youth and young adults to become self- sufficient contributing members of their community. The OCCC accomplishes this by providing WIOA Corpsmembers opportunities to complete their high school education through our WASC accredited Charter School, professional, and personal development through our employment services classes and workshops and providing paid employment on conservation crews that make a difference to our community and environment, thus creating the necessary skills to develop and maintain a positive work ethic while building self-sufficiency. The intent of exposure to various post -secondary educational institutions is to provide a lasting foundation to enable youth to enter the workforce and be successful, productive, members of society. B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. EXHIBIT A 25H-134 EXHIBIT 2 WIOA Corpsmembers will obtain services necessary to ensure that youth will enter post- secondary education. Services include, but not limited to: • Support services; referrals for legal, medical, substance abuse, health, housing, family/personal guidance and counseling; help with books, clothing, other items needed for post -secondary education, advanced training, etc. • OCCC staff members serve as adults mentors • Access to the OCCC's computer lab, fax, voice mail, and printer for college applications, financial aid, on-line services • Transition assistance such as: vocational certification / education opportunities / school enrollment assistance C. Special Consideration for organizations that offer dropout prevention or dropout recovery services. OCCC offers a unique opportunity for those individuals who have dropped out of school by offering our Charter School educational services. Thus reducing the dropout statistics and recovering those individuals who would have otherwise been part of our County's dropout rate. Our Charter School provides them with a high school diploma, not a GED. Studies have found GED recipients have a lifetime earnings rate that is close to dropout rates than those with high school diplomas. A 2012 study Opportunity Road indicates that the long-term effects of youth not having a high school diploma and employment lead to higher rates of poverty, continued unemployment throughout adulthood and the likelihood of incarceration. The study shows that the taxpayer burden could be reduced by $707 billion if at risk youth received education, economic and social supports to fully integrate them in to either the education system or labor market. Forout-of-school youth, a high school education is stronglytied to securing employment. With high unemployment and high competition for jobs, youth without a high school diploma do not stand a chance to compete in today's job market. The 2012 study also revealed that high school dropouts earn on average $18,900 per year and those with high school diplomas earn on average $25,900. The OCCC also provides a multitude of services, workshops, and resources for its Corpsmembers. Obtaining a high school diploma through the Education Corps is a huge step towards self- sufficiency for high school dropouts. Paid work experience, job shadowing, on-the-job training, and externship opportunities provide valuable experience for Corpsmembers to put on their resume. The OCCC provides workshops on job retention, resume writing, filling out applications, mock interviews, career exploration, and many other topics. Corpsmembers can also receive certifications in customer service, forklift and chainsaw operation, safe food handling, and computer software. No other organizations in Orange County provide as many hours of work experience —up to 29 hours a week. Corpsmembers participate in on-the-job training in a variety of industries throughout the county, They do not simply visit companies and businesses in various industries; they work there. Corpsmembers have done externships in many industries, including the hospitality/tourism industry at local hotels, spas, and restaurants. They have also participated in EXHIBIT A 25H-135 EXHIBIT 2 a partnership with the Fullerton Arboretum on the campus of California State University Fullerton and local social enterprise Monkey Business Cafe, which benefits foster youth, called "Farm to Table," Corpsmembers work both on the arboretum's farm and at the cafe, developing a strong connection between where food grows and the process involved in delivering it to the table. OCCC crews provide recycling services to many companies and businesses, including Downtown Disney. We have Corpsmembers working at a number of CVS Pharmacies throughout Orange County, giving them experience in the field of healthcare. Corpsmembers have also worked at the Santa Ana One Stop Center, exposing them to a variety of career opportunities. Additionally, we have partnered with Vital Linkservices that provide hands-on career exploration experiences for youth, helping them carve out their own unique career path. Trips and tours to local businesses help youth sort through their interests, get excited, and "try on" a career for a day. Corpsmembers and students have many opportunities to hear from employers, to attend job fairs and participate in career exploration workshops. Corpsmembers participating in on-the-job training receive feedback and evaluations from their employers and supervisors regularly. 7. Preparation for Post -secondary Education and Training A. WIOA only accepts certifications that are-accredire l by a State recognized educational entity or are recognized by employers. The Education Corps is a fully accredited c h a r t e r school recognized by the State of California. This collaborative allows the Target Population, for In -School Youth and Out -of -School Youth in need of educational services, to earn high school credits that count toward a high school diploma, build skills to pass the California High School Exit Exam, and increase Literacy/Numeracy Skills. B. Special consideration for organizations that offer preparation for postsecondary education and training in high -demand industries. WIOA Corpsmembers research jobs on O"NET to obtain expected job growth, wages and educational requirements. Subsequently, depending on the training that is needed, Corpsmembers are referred to ROP, Community Colleges, Apprenticeship Programs and Technical Schools. Additionally, presenters are scheduled from a variety of high -demand Industries including green jobs, medical careers, etc. C. Identify and/or develop a pathway for youth that can lead them from high school to career or college. Please elaborate on specific pathways. Training and education will assist youth in obtaining employment because the youth will learn how to work and go the school. As a result of the OCCC's six to twelve month comprehensive EXHIBIT A 25H-136 EXHIBIT 2 program, support services and paid work experience, youth are able to stabilize their lives and lean how to deal with the many Issues they face on a daily basis. The Corps-2-Career Specialist works one on one with WIOA participants to develop personalized goals (post -secondary education, job placement, and career development) that lead to self-sufficiency. Once the youth become stable and are able to maintain employment and education, they will continue to be assisted in furthering their education, improving their work skills, and seeking better employment post -corps, leading to a life of self-sufficiency. The ultimate path for out participants is building a bridge from education to work, with multiple steps along the way to develop the infrastructures necessary for retention. OCCC bridges the participant with employers, while creating a myriad of support services to ensure individual goals are met. D. Describe in detail how the program will prepare youth for postsecondary education and training. The needs of these disconnected youth are immense, whether they are pregnant/parenting, children of incarcerated parents, homeless, high school dropouts, offenders, foster/emancipated, or have a poor work history. They are facing financial hardships, drug addiction, lack of self-esteem; lack of basic skills, no employment, no skills, etc. With such a myriad of needs, a coordinated, articulated program, rich with varied approaches and learning opportunities needs to be provided. We will address the following needs: "soft" and "hard" occupational skills training; completion of high school credits to earn a high school diploma; increase math/literacy rates; improve basic skills; develop leadership skills; develop a sense of community service. They will leave the OCCC program with a high school diploma, work experience, certifications and training, supportive services, and mentorship, which will allow them to enroll in higher education, obtain employment on a career path in a growing industry, and become self-sufficient. E. How will your organization expose youth to the various post -secondary educational institutions? OCCC plans to coordinate and schedule field trips to the local college campuses such as Cal State Fullerton, Cypress Community College, Rancho Santiago Community College and Fullerton Community College. OCCC has developed extensive relationship with these secondary education facilities and will also invite representative to provide workshops onsite at OCCC for our participants. F. Describe the certificates that youth be able to earn while in your program or within a year after exit. Youth are able to earn various state recognized credentials through our partners, ITA accounts and on-the-job earned certifications which include forklift operator, safe food handling, national retail federation, and computer software. Corpsmembers can receive vouchers to reduce the EXHIBIT A 25H-137 EXHIBIT 2 cost of getting their driver's license, and some of our partners can help them get their truck driving license. In addition to its classroom -based classes, the Education Corps Charter School provides online courses through a special partnership to enable a flexible schedule and tailor its program to the individual needs and interests of its students. FlipSwitch is the result of more than ten years of research and development in the online learning industry. Founded in 2001 as American Virtual Academy (AVA) by visionary Damian Creamer, the company started as the exclusive technology and curriculum partner for a young, upstart institution in Arizona named Primavera Online High School. FlipSwitch has the following certifications: UC Certified (3 year process, complete 2012), A-G Certified (Complete High School Diploma), and NCAA Certified Courses (98%courses certified by NCAA). Flip Switch offers over 200 courses in language arts, social studies, mathematics, science, world languages, fine arts & vocational, health & physical education, and electives. The Education Corps Charter School will provide high school diploma instruction; vocational and occupational skills training; life skills, pre -employment skills, etc.; specialized trainings (CPR/First Aid, Forklift, Chainsaw certification, etc.); safety demonstrations, leadership development, support services and educational topics (health, substance abuse, financial literacy, etc.); and instill the participants with a sense of community service and pride. The OCCC will provide the WIOA Corpsmembers with hard skills (on the job training, certifications, etc.) and soft skills (responsibility, discipline, punctuality, uniform standards, etc.) which lead to job retention. The WIOA Corpsmembers will be exposed to presentations, workshops, and fieldtripsto assist them in developing career paths. The Corps-2-Career Specialist will work individually with the WIOA Corpsmembers to develop personalized goals (post- secondary education, job placement, and career development that lead them to self-sufficiency. Through their Corps-2-Career classroom training, the participants will learn that the fields of environment and conservation, green jobs, green technologies, healthcare and manufacturing are the jobs of the future and that they offer non-traditional opportunities for both male and female. WIOA participants will learn about food production, manufacturing, introduction to technology and computer software. G. Include data and research that supports the industries or pathways listed above. According to the Economic Value of Opportunity Youth study of 2012 by the University of New York and Columbia University, "youth who receive constructive engagement of services to build pathways that offersupport to navigate the labor market and gain education necessary to sustain self-sufficiency are successful in reducing the social and taxpayer burden then those who do not receive services." The same study also went on to say that organizations that offer education coupled with paid work services are highly successful and preferred by opportunity youth and stating that 69% of opportunity youth surveyed stated they are looking for work but feel that they need support in the form of education and employment services. H. Include Letters of Intent from the training agencies, as Attachment F. EXHIBIT A 25H-138 EXHIBIT 2 See letters from OC Re -Entry Partnership, Working Wardrobes, Women Helping Women, ProSafe, and Contract Services Group, Inc. 8. Tutoring A. Describe in detail the tutoring resources that will be provided to youth The Education Corps Charter School credentialed teachers will interact with WIOA Corpsmembers on a daily basis as they attend class five days a week, Monday -Friday, and provide additional one on one tutoring as needed. Week -end work/school activities will be scheduled as needed and appropriate, The WIOA Program Specialist (case manager) will meet at least monthly to monitorthe participant's progress in meeting their Individual Service Strategy goals, and other work/school/personal issues that may arise. Other organizations such as social services, counseling centers, probation/parole, etc., may be providing outside support services as in -kind support for this proposal. Many WIOA participants may come to the Corps already involved is such services while others may be referred. The Corps strongly believes in the All Youth, One System Concept which promotes networking with many outside entities to ensure all WIOA Corpsmembers are linked to a variety of support services in the community. 9. Mentoring A. Specify how your organization will provide mentoring to youth OCCC staff members will meet daily with WIOA Corpsmembers to deliver program components. Corpsmembers will be assigned to work in a crew which is supervised by one of the OCCC's Crew Supervisors. The Crew Supervisor will work Monday -Thursday with WIOA Corpsmembers to complete assigned work projects. Other OCCC staff or interns meet with WIOA Corpsmembers as needed for specialized trainings, workshops, or individualized follow up regarding work/school/personal issues that may arise. B. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions, mental health issues, substance abuse, low self- esteem, probation, gang issues, parenting issues, etc. WIOA Corpsmembers will be provided with supportive services such as referrals for legal, medical, substance abuse, health, housing, family/personal guidance and counseling. It is important to note that the OCCC has added a key position to our programs and service with the addition of a Guidance Counselor we are able to hold group sessions and individual counseling sessions on the issues and challenges that face our participants. C. Will your organization offer mental health services or referrals? Please describe. EXHIBIT A 25H-139 EXHIBIT 2 The OCCC has an onsite counselor with a Master's degree in Guidance and Counseling and a counselor who is has a degree in Marriage and Family Therapy, both will be able to assess and refer the participant to the appropriate facilities for mental health assistance and provide individual and group counseling as needed. D. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. When necessary case managers refer participants to local Alcohol Anonymous or Narcotics Anonymous agencies, but it is equally important to note that one of our case managers is a certified drug and alcohol counselor and we also have a Marriage and Family Therapist on staff as well. 10. Workshops A. Provide information about the following workshops and how or when the workshops will be provided to youth in the program. The OCCC provides weekly workshops such as practice interviews, career exploration, personal finance, smoking cessation, parenting skills, customer service, job retention, resume preparation, communication skills, and many othertopics. Of most importance, in close proximityto the OCCC administrative offices, the Education Corps site houses all program services, (education, case management, transition services, follow up, etc.) are delivered. Having all services at one site and in close proximity to the administrative headquarters enhances the coordination of the program and eliminates duplication and redundancy. All instruction will be classroom based; field based, on-line, individual, small/large group, crew based, demonstrations, lectures, packets, guest speakers, and individual research. Financial Literacy/ Budget Management - The Education Corps Charter School provides an entire course on financial literacy. They discuss how to set up a checking and a savings account, how to create a budget, what an IRA is and how to set one up, the math behind compound interest, how to read the fine print on a credit card, how to establish and/or fix one's credit, car loans, and how to file income taxes. Entrepreneur Skills Training- Workshops will be held to identify fundamentals In creating your own business or being an independent contractor. Financial skills, marketing strategies, customer service techniques and basic business organization will be taught. Labor Market Information- A job board is maintained in participant areas and contains current job postings throughout Orange County. Participants also receive a workshop on how to access jobs opportunities online and within newspapers. Family Planning- Planned Parenthood has offered workshops at the OCCC, discussing things like sexual health, birth control, pregnancy, and relationships. Parent -to -Parent has done parenting workshops at the OCCC, complete with childcare for participants' convenience. They discuss how to relate to your child, boundaries and discipline, and nurturing relationships with both children EXHIBIT A 25H-140 and partners. Parenting classes are also offered at our Charter School as an elective and are open to WIOA participants. Worker's Rights/Labor Laws- OCCC organizes visits to local labor unions to educate Corpsmembers about how labor unions operate. CalOptima recently presented a workshop on Covered California, providing information and supportto both Corpsmembers and students. Also, all Department of Labor and California Labor Codes are posted as well as worker's compensation and employee grievance policies as required for our staff and will be reviewed with our participants. Analytical Skills at the Workplace - The OCCC provides many work readiness and career exploration workshops. Our Corps -to -Career Specialist and other staff provide workshops about job retention, resume writing, filling out applications, mock interviews, career exploration, and many others. During their OCCC orientation, Corpsmembers take the O*NET assessment to help them discover how their strengths and interests can connect to a career path. Health Resources - Besides family planning and parenting workshops, the OCCC provides workshops on health resources. The OCCC has provided workshops on smoking cessation and smoking's effect on the environment, tattoo removal services, substance abuse workshops, self- esteem and body image workshops, and many others. The OCCC would like to host a free flu shot clinic in the future, Corpsmembers and students also receive referrals to other organizations for healthcare needs and information. Public Speaking Skills - The OCCC has sponsored public speaking workshops in the past and will continue to do so. For the annual OCCC graduation ceremony, students have the opportunity to audition to present a speech. OCCC and Education Corps staff provides private and group coaching and the selected students present their speeches at the graduation ceremony in front of several hundred people. 11. Civic Engagement or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth in the community, please describe. OCCC students and Corpsmembers also have the opportunity to participate in field trips and educational outings. Last year students took a field trip to the Museum of Tolerance in Los Angeles, connecting them to history and fostering compassion for all people. The OCCC brings Corpsmembers to the California Workforce Association's annual Youth Conference, where they meet local and state leaders in workforce development, take part in career exploration, participate in workshops and peer mentoring, and network with a wide variety of professionals and leaders. The OCCC will continue to offer civic education opportunities like this for WIOA and non-WIOA youth in order to develop community engagement. The OCCC already promotes civic engagement in its Corpsmembers through participation in community events. This year some of our youth assisted in hosting the Children's Water Education Festival held at the University of California, Irvine. The OCCC Corpsmembers operated EXHIBIT A 25H-141 EXHIBIT 2 the recycling stations throughout the festival, teaching children what to recycle and compost. They were able to empower other youth in our community to be environmentally conscious and learned important hands-on leadership skills. Through OCCC projects, Corpsmembers have a large community impact. Recently, through the Adopt -a -Channel project in association with Disneyland Resort, they have met important community leaders and contributed to removing over 5,000 pounds of debris and abatement of over 15,000 square feet of graffiti. Through the Sheriff's Department, Corpsmembers take pictures of the graffiti before its removal to help the Sheriff's Department record graffiti marks. This highly important project is environmentally beneficial in protecting our ocean and keeping our beaches clean. The OCCC will also be supporting Santa Ana River Conservancy, which will involve the restoration of the Santa Ana River, providing needed recreational opportunities, water quality protection, and land restoration to the Santa Ana community. The OCCC also has a partnership with local social enterprise Monkey Business Cafd as well as the Fullerton Arboretum in their "Farm to Table" program. Corpsmembers obtain externships through this partnership, in which they alternate growing produce on the arboretum's farm and cooking the harvest in the kitchen of the Monkey Business Cafe. This enriches the community and brings a stronger connection to the Earth for Corpsmembers and cafe patrons alike. Every year, three or four Corpsmembers, the CEO, and the Program Manager go to Sacramento for the California Association of Local Conservation Corps (CALCC) and California Conservation Crops, Government Education Day. They meet with senators and assembly members, tour the Capitol, participated in educational activities like develop a mock state budget, and learned about California's government. They have the opportunity to engage with Corpsmembers from other conservation corps around the state and observed our state government at work. OCCC has for the last three elections served as a polling place at our Charter School site and utilized Corpsmembers as volunteers which provided experience and education concerning the voting process. OCCC also offers assistance to participants in enrollment in selective service and voter registration. Oftentimes our participants are called for jury duty but have no idea of what to do, we assist them in the process, OCCC has a strong commitment to civic service. "Serve" is a foundation concept in OCCC's mission. Participants'time at the OCCC is largely spent serving the!rcommunities. OCCC projects and on-the-job training opportunities cover Orange County: aiding recycling efforts, restoring its native habitats, protecting water supplies, and working on fee for service projects throughout the county. Corpsmembers and students leave the OCCC program with an understanding of our natural resources and why we must preserve them. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. These opportunities will be open to all OCCC students and Corpsmembers. In addition, the OCCC will collaborate with other Santa Ana Youth Service Provider Network organizations to engage additional youth. EXHIBIT A 25H-142 EXHIBIT 2 C. Special consideration for organizations that can leverage funds to provide services to non- WIOA youth participants. All services are open to 18 to 25 year old regardless of WIOA participation. 12. Supportive Services A. Will your organization provide supportive services to youth such as gas cards, bus passes, childcare assistance, etc., please describe WIOA participants receive monthly transportation assistance in the form of bus passes or gas cards to help them get to interviews and jobs. When transportation is not possible by bus then it will be provided by OCCC to assist the participant in maintaining employment. OCCC also provides interview attire, work uniforms, advanced training and certificates. Participants can receive many of these services even after they complete the OCCC program. WIOA Corpsmembers will also have access to a full time Placement Specialist who will assist with the placement of WIOA Corpsmembers after their work experience is completed. OCCC is now approved to provide a free daily lunch program for participants starting in the fall of 2015. Childcare is provided by onsite volunteers during school or workshop trainings. B. Include Supportive Service Policy Attachment G See attached Supportive Service Policy 13. Incentives A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals? If so, please describe Yes, OCCC provides incentives to youth in the program from the onset of completing orientation throughout program service and at completion of service. Please see attachment H for a complete list of incentives B. Include the Incentive Policy as Attachment H. See attached Incentive Policy Attachment H. 14 Follow -Up Services A. Elaborate on the type of services that will be provided to youth during each quarter during the 12 month follow-up period. Case Managers continue to provide referrals, bridge community resources as needed and all of our other support services. Case Managers will continue to assess exited participant success and Identify barriers that may require assistance in order to maintain retention of employment or continued education. EXHIBIT A 25H-143 EXHIBIT 2 B. Describe if your organization will provide case management, job retention services, mentoring and ensure the participants attains their goals. Case management will continue to be provided to ensure challenges are identified and services implemented forjob retention. Mentoring and tutoringwill also be provided as needed to ensure goals are achieved. C. Describe how your organization will ensure that youth meet the performance indicators during the follow-up period. Case managers keep contact logs on exited participants and file monthly reports and quarter reports on status, barriers identified and individual progress, Case Managers also during the follow-up period are sources of encouragement for the participant to seek higher education or develop new attainable goals for continued success. Documentation to provide evidence of performance includes but is not limited to: pay stubs, direct contact with employers, participant probation or employment reviews. Communication is a key component to the follow-up services and consistent reminders that OCCC support services will continue to be available to assist with needs. D. Describe if your organization will provide youth with incentives or supportive services during follow-up to assist youth retention. Santa Ana WIOA participants will receive follow-up services for twelve months after they finish the program. Their case manager will contact them once a month or more, as needed. They can receive monthly transportation services: a bus pass or gas card. They will receive job leads from both their case manager and the Corps -to -Career Specialist, as well as resume help and other work readiness assistance. They are eligible for help with interview outfits and/or work uniforms. In addition OCCC will also refer those who qualify to the Americorps scholarship program. The OCCC will also refer them to other organizations for additional services. E. How often will the youth be engaged or receive services during the follow-up period. At a minimum our case managers make contact monthly but are available on an as needed basis. 15. WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: See the attached flow chart immediately following the narrative to the questions below. 1. Percent of participants who are in education or training or unsubsidized employment during the 211 quarter after exit. EXHIBIT A 25H-144 EXHIBIT 2 Participants will complete objective assessments in work readiness, skill assessments and career exploration in the beginning of the program. Work readiness workshops that will cover topics such as work ethic, job retention, conflict resolution, and college success will be offered to participants throughout the program. 2. Percent of participants who are in education or training or unsubsidized employment during the 4th quarter after exit. In addition to the objectives assessments and workshops offered throughout the program, follow up services will include transportation assistance in the form of bus passes and gas cards in order to have reliable transportation to work and or school. These services will help ensure that participants are entering into employment/education and are able to remain employed and stay in school. 3. Document the median earnings of participants in unsubsidized employment during the 2nd quarter after exit. Paycheck stubs are collected from the participants in order to have an accurate record of participants' earnings. 4. Percent of participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit. Participants will obtain credentials that lead to employment that is in demand. Examples of credentials that will be offered are high school diplomas, forklift license, food handler's license, security guard card and customer service. Participants will be connected to institutions that offer these credentials. 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. Participants will be enrolled in training programs for credentials that lead to in demand jobs. Skills will be assessed during program participation by the WEX supervisor and case manager. 6. Effectiveness in serving employers Participants placed with employers for WEX will be prescreened based on employers' standards and expectations. All participants will also have participated in work readiness workshops prior to WEX placement. Follow up with employers will take place regularly in order to assist the employer with any additional training or skills needed for the participant to be successful during the program. 16. Prior Outcomes EXHIBIT A 25H-145 EXHIBIT 2 A. If your organization was previously awarded a WIOA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes forthe past 1- 2 years from each WIB if applicable: `� �iti.ce Outcomes Sant Ana WIB rant �Perfor � -, COMMON IVIEASURES `;�% =2b12, " ' � 201$ (Exam'pIA Increased Literacy/Numeracy 21 - 22 = 95 % Skills 23 _ 24 = 96 % Entered Employment or Post- 9 22 = 41 % Secondary 6 : 14 = 43 % Attained Credential/Diploma/Certificate 18 — 20 = 90 % 13 — 20 = 65 4 Perforiltance Q;utcornes.(OC WlBgrant),`; Increased Literacy/Numeracy 64 - 97 = 66 % Skills 64 _ 106 = 60 % Entered Employment or Post- 115 _ 154 = 75 Secondary 104 154 = 68 % Attained Credential/Diploma/Certificate lol T 133 = 76 % 97 = 123 = 79 % Perfor.;mance Outcomes (A WlBgrant) s „ CQNIIVIC+N;MEASURES { � `2013-.'=. ;; ,.2032' ,�_ Increased Literacy/Numeracy 25 - 28 = 89 % Skills 21 22 = 95 % Entered Employment or Post- 4 _ 11 = 36 % Secondary 9 _ 16 = 56 % Attained Credential/Diploma/Certificate 3 — 3 = 100 % 12 _ 13 = 92 % 17. Fiscal Competency EXHIBIT A 25H-146 EXHIBIT 2 A. Describe the process used to capture and report fiscal data. The OCCC is regularly monitored and audited by all funding agencies to assure compliance with grant budgetary and expenditure requirements, as well as having an annual independent audit by an outside CPA firm. Over the past Hive years, the OCCC has consistently received unqualified opinions on all of our annual audits conducted by an independent CPA firm. With multiple revenue streams (federal, state, and local), the OCCC utilizes fund accounting to allocate, capture, and report fiscal data. Fund accounting allows expenses to be tracked and allocated to individual funding sources using a specific fund account and project code(s) for that fund account. The Santa Ana WIOA contract will be assigned a specific fund number and a specific project code. All allowable expenses will be tracked using the assigned project code(s). Direct program costs such as staff time, WIOA participants' salary, employer taxes, and other expenses will be tracked using the appropriate fund and project code(s) on time sheets. We have dedicated accounting software MIP500, timekeeping software NovaTime 3000, and payroll system M3 to manage our fiscal responsibility. We also have several customized program/grant-specific databases (such as the Virtual One Stop system), ClientTrack on-line database, Internally developed forms and custom databases to track a wide variety of program and grant outcomes, are utilized. OCCC reports fiscal data to the OCCC's Board of Directors on a monthly basis and invoices contracts on a monthly basis. The OCCC ensures accountability and that expenditures are appropriate and planned. In order for staff to submit a purchase request, it must first be determined that the purchase is within budget and which appropriate fund will be charged for the purchase. All budgets and line item accounts are tracked and maintained on a monthly basis for all OCCC contracts/grants/departments. All purchase requests are reviewed by the Chief Financial Officer before payment is made. Any Purchase Request that appears to be over budget or not planned will be flagged by the Chief Financial Officer and reviewed by the Chief Executive Officer for final disposition. The Chief Financial Officer reviews monthly financials with the entire management team and with the Board of Directors. OCCC invoices between the 20th and the 30th of each month for services provided in the previous month. Invoices are prepared by the Chief Financial Officer and approved by the Chief Executive Officer. All invoices are accompanied with proper supporting documentation. Once all costs for the month have been entered, an invoice is prepared along with all supporting documentation. B. Attach a copy of the organization's procurement policies and procedures, Attachment I. See attachment procurement policies and procedures. C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs? EXHIBIT A 25H-147 EXHIBIT 2 The OCCC uses MIP500 accounting software to track all our expenditure and planned costs. This grant will be assigned a unique fund number to track all financially related information. In addition to the accounting software, the OCCC also uses an Excel spreadsheet to track and present information to appropriate party. Also built into our operation is the multi -layered approval process for any expenditure incurred. Financial reports are reviewed monthlyto ensure we stay in expenditure compliance and within planned costs. D. Describe invoicing process and list qualifications of staff assigned to task. Invoices are prepared on a monthly basis bythe Chief Financial Officer and approved bythe Chief Executive Officer. Financial reports are generated out of MIP500 and then translated onto an Excel spreadsheet and formatted as required for the invoice. Supporting documentation is then gathered to support the invoice. The CFO has a Bachelor of Science degree in Business Administration; option in Accounting and minored in Economics, a Master of Business Administration emphasis in Finance and over 16 years of managing non-profit grants. The CFO has direct experience with the SAWIOA grant for the past 7 years. E. Describe how your organization's financial stability is not dependent on WIOA funds. The OCCC is well diversified in our funding base. The OCCC has an operating budget of more than i $4.3 mil and more than 8 different sources of funding to ensure the overall operation will not suffer should we lose any single funding source or dependent of WIOA funding. The OCCC has and continues to work with our existing funders while continuing to explore funding opportunities, as we see an urgent need for our services. F. Identify the percentage of budget that will go directly to youth (i.e.: work experience payments, direct training, supportive services, incentives, etc.) versus the percentage of overhead and administrative costs. (ex: 50% of budget will be directly spent on youth in the form of work experience and training, etc.). A total of 93% will go directly to the youth in the form of wages, taxes, and benefits, supportive services, incentives, training, and project transportation. Specifically, 40% of the budget will go to participant wages, taxes, and benefits, 53%will be directed toward their training and case management with a remaining 7% as budgeted overhead. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S). See attached financial statements 18. Additional Attachments You may include additional documents such as flyers, brochures, training descriptions, and/or testimonials that support your proposal and/or further describe the program, as Attachment W. EXHIBIT A 25H-148 EXHIBIT 2 See attached agency brochures, organization chart, Board of Directors list, recruitment flyer and participant email. EXHIBIT A 25H-149 LORANGE COUNTY CONSERVATION CORPS @!r Earn... Learn... Serve... Tools to Green the Futurel WIOA Incentive Policy EXHIBIT 2 toll free: (888) 641-CORP (2677) www.hireyouth.org Purpose: Reward youth for attainment of WIOA performance indicators and/or key benchmarks toward those outcomes (including but not limited to attainment of employment skills and goals, mastering competency levels, participating in unpaid career exploration activities, etc.). Encourage youth to participate in activities throughout program duration, including the 12-month post -exit follow up period. Procedures: An incentive is a payment to a WIOA youth participant for the successful achievement of established and measureable goals as a result of WIOA program participation. The incentive must be linked to an achievement and must be tied to training and education, work readiness skills, and/or occupational skills attainment goal as identified in the Individual Service Plan (ISP). Such achievements must be documented in the participant's file as the basis for an incentive payment. All incentives are awarded in the form of a gift card. Incentives may be awarded for, but are not limited to, the following goal accomplishments as a result of WIOA program participation: • Achievement of measureable skills gains • Attainment of degree or recognized certificate • Placement in employment or education OCCC Youth Incentive plan ensures the following: a. All incentive payments must be relevant to the results of the objective assessment of each participant's ISP. b. All incentive details must be specified in the participant's WIOA Incentives Log, including the amount that was provided, the funding source used and the participant's acknowledgement of receipt. c. Participant records (ISP/Case Notes/Incentive Log) and financial records pertaining to Incentive payments must be made available for review by local, state, and federal monitors and must meet financial management standards in WIOA including tracking of actual expenditures against budgeted amounts and support for accounting records to ensure proper charging of costs. EXHIBIT A 25H-150 EXHIBIT 2 { � ORANGE COUNTY CONSERVATION CORPS Incentive Services Processing Program Specialist is responsible for: a. Informing participant of incentive services policy and the required documentation needed to justify services. b. Assessing and recording incentive documentation. C. Keeping a log of all incentives services received by each participant with a running total value. d. Filing copies of proof of attainments of goals for incentive services (when applicable) in the participants' files. e. Collecting and reviewing all documentation for accuracy. f. Submitting the Incentive Request Form for review and approvals. 2. Participant is responsible for: a. Securing proof of goal attainment to receive an incentive. 3. Program Manager is responsible for: a. Ensuring a strategic process of establishing incentive plans for the youth participants to support best utilization of incentives based on budget constraints. b. Reviewing and approving all Incentive Requests before submittal to the finance department. 4. Fiscal Officer is responsible for: a. Verifying the availability of funds and notifying the Program Specialist and the Program Manager. b. Processing payment. Other: All incentives are optional and are not required. All incentives will be provided at the discretion of the Program Manager and/or other Executive Staff. EXHIBIT A 25H-151 EXHIBIT 2 ORANGE COUNTY toll free: (888) 641-CORP (2677) CONSERVATION CORPS WIN C Earn... Learn... Serve... . � www.hireyouth,org Tools to Green the future! WIA Supportive Services Policy and Procedures Purpose: To establish guidelines for the issuance of supportive services to youth enrolled in a WIA funded program and are actively engaged in WIA Title I activities and/or post -exit follow up services. Reference: WIA section 101(46) and Federal Register 20 CFR section 664.440. Procedures: ELIGIBILITY; 1. To request and receive support services, a participant must be actively enrolled in one (1) or more of the ten (10) required program elements, including during follow-up services. 2. Supportive services will be approved upon verification of enrollment and participation in required program elements, when it is necessary for youth to participate in required program elements, and when the youth is unable to obtain supportive services though any other program or agency. 3. Provision of support services is not an entitlement and it will be determined what supportive services are reasonably required for youth based on individual need, assessment results, and the Individual Service Plan (ISP). AVAILABILITY OF FUNDS AND ASSESSMENT OF NEED: 1. All Support Services not offered through OCCC are processed on a reimbursement basis. 2. Support services are delivered contingent upon availability of funds. 3. Initial assessment of need will be determined by the Program Specialist. The need for services will be recorded on the Individual Service Plan (ISP) and through on -going assessment. 4. Program Specialist is responsible for determining If transportation is a significant barrier to participation in required program elements, and whether or not the youth were unable to obtain services through another program or agency. 5. Supportive services may be provided while a participant is enrolled in 1 or more of the 10 elements, including when a participant has exited the program and is eligible for follow up services. Supportive services must be determined based upon the individual and must include a review/assessment of the participant's need for supportive services to meet goals and clearly documented in the case file. Supportive service 25H-152 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS obligations and expenditures are to be tracked separately and are subject to the additional policies below. SUPPORT SERVICES PROCESSING _ 1. Program Specialist is responsible for: a. Assessing and recording needed services on the ISP form. b. Informing participant of support service policy and the required documentation needed to justify services. c. Referring participant to other supportive services offered outside of OCCC's program. Describe the method for documenting need and the absence of such services through non-WIA resources. d. Reviewing and approving most reasonable estimates. e. Keeping a log of all supportive services received by each participant with a running total value. f. Filing copies of receipts for supportive services (when applicable) in the participants' files. g. Collecting and reviewing all Invoices/statements for accuracy. h. Submitting the Supportive Services Request From for review and approvals. 1. All value cards shall be tracked with a Master Log. 1. Partin ant is responsible for: a. Obtaining services that are referred by Program Specialist but not provided through OCCC. b. Turn in appropriate documentation. If a participant fails to turn In appropriate documentation, no supportive services will be provided. c. Any Iosttstolen/destroyed prepaid value cards requests need to be submitted with an affidavit from the participant. 2. Program Iylahaaetis responsible for: a. Reviewing all Supportive Service Receipts before submittal to the finance department and ensures that no deduction is submitted for an initial issuance to a grant funded participant. b. Program Manager will appoint a custodian who will keep the value cards in a secured storage place and keep a Master Log of all value cards. c. Program Manager will perform Inventory of value cards at least on quarterly basis and/or make corrective actions to ensure the policy is followed. 3. Chief Executive Officer is responsible for (when necessary and applicable): a. Reviewing and approving Invoices/statements for payment. . 1 4. Fiscal Officei`is responsible for: a. Verifying the availability of funds and notifying the Program Specialist 25H-153 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS and the Program Manager. b. Processing payment and use approved contractor policies. Su ftor tiv& Services: TRANSPORTATION SERVICES: 1. Bus Passes a. One 30-day bus pass will be issued per month. b. In the event the participant loses a bus pass, the participant will be charged for the cost of the replacement, except at the discretion of the Case Manager and approval from the Program Manager. c. Program Staff are responsible for Issuing the bus pass and completing the Information necessary on the bus pass log, the bus pass receipt form, and the voluntary deduction agreement form, if applicable, d. Copies of the bus pass receipt and Supportive Services Request Form(and voluntary deduction agreement, if applicable) will be kept in the participant file. 2. Gas Cards a. To receive a gas vouchers, the following conditions must be met: The participant must have a current California State Driver's License, have valid Insurance, and have the legal right to operate a vehicle involved. Copies will be placed in the participant file. b. Program Staff are responsible for informing the Program Manager the participant is eligible to receive gas cards. A gas card request form must be submitted with copies of California State Driver's License, insurance card, and vehicle registration for initial gas card issuance. c. One gas card will be issued per month. In the event the participant loses the gas card, the participant will not receive a replacement. Exceptions will be made at the discretion of the Program Manager. d. Participants must agree to provide receipts from the gas station as proof the gas card was utlized to pump gas. The receipts submitted must be dated the same month the gas card was provided and must total the exact amount of the gas card issued. e. Program Staff are responsible for issuing the gas card, making copies of the receipts to place in grant files and for completing the information necessary on the gas card log and the gas card receipt. f. Copies of the gas card receipt and Supportive Services Request Form will be kept in the participant file. Other; All supportive services under the WIA OCWIB/County of Orange Supportive Services Matrix will be provided at the discretion of the Programs Manager and/or other Executive Staff. Other supportive services in additional to the ones mentioned above will follow the same procedures when applicable. 25H-154 EXHIBIT 2 • ORAN C E COU NTY toll free., (888) 641.-CORP (2677) CONSERVATION CORPS '[,y Eam... Learn ... Serve... www.hireyoath.org Tools to Green the Future! Orange County Conservation Corps Paid Work Experience Policy Purpose: To establish guidelines for the paid youth work experience of any grant program governed by WIOA regulations and to provide youth with meaningful work experience in order to assure the successful completion of our program. Eligibility: • An individual must be WIOA eligible and enroll with Orange County Conservation Corps (OCCC) • An individual must have legal right to work in the United States and be able to furnish proof upon enrollment in the program • As it is with all WIOA services, provision of services Is not an entitlement. Placements: • All participants will start at a minimum of $10.00/hr and will be provided with paid sick leave. • All participants will work up to 29 hours per week. • All participant will have the opportunity to work a maximum of 600 hours. • All placements will be made based on the individual interest and plans developed with Case Manager to support the youth in the career exploration and achievement of their goals. Placements will be available on OCCC crews and worksite partner organizations. Roles and Responsibilities: Case Manager is responsible for: • Assessing and keeping record of youth's work experience needs and placements. • Inform participant of the OCCC policies and formal procedures. • In collaboration with the Placement and Recruitment Specialist and other staff, refer youth to placements. • Providing counseling and guidance. • Monitoring worksite compliance of labor laws and compliance with job description duties. Participant is responsible for: • Providing necessary documentation to asses eligibility and maintain legal right to work throughout duration of the program involvement. • Follow OCCC;s procedures and protocols 25H-155 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS • Respect and cooperate with supervisor and fellow co-workers. • Perform the very best of his/her abilities. • Report and incidents or accidents to the supervisor and/or Case manager. Placement and Recruitment Specialist is responsible for: • Managing relationships with worksite representatives. • .Ensure all proper MOUs and in place and all policies are followed. • Monitor activates of youth at worksites. 25H-156 EXHIBIT 2 YSPN MEMBER PERFORMANCE PLAN 2018-2019 Orange County Conservation Corps WIOAYOUTH POPULATION Youth Po �';�# of Youth to tieServed;1 �.' "'.:.In -School > `..- . `..=:.;. 16-18 Out-of-Scho61(75%minimum) ; 16-24 22 TOTAL'NUMBEROFYOUTHTO.BESERVED" 22 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE:100% OF YOUTH MUST BE ENROLLED BY 2uo QUARTER-DECEM BER 31, 2018) .. ... .. Quarter #ofEnrollment4 ... .... ....':.:.. . Estimated Expendltures per gbarter . perquartee 1` 30 $35,000 '2 .300%EnrollmentRequired) ...... - 12 $45,000 ;3` $50,000 4...:...::... ... _ .. $50,000 TOTAL', '. $180,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program July 1, 2018-June 30, 2019 (Projected Benchmarks subject to change) X 1. Tutoring, study skills training, dropout prevention 1. % of Participants who are in educationAraining, strategies or in unsubsidized employment during the 2nd quarter after exit X 2. Alternative secondary school services or dropout recovery Benchmark: 66% X 3. Paid & unpaid work experience that have academic 2. % of Participants who are in education/training, and occupational components, which may Include: or in unsubsidized employment during the 4`h summer employment, pre -apprenticeship, Internships quarter after exit &Job -shadowing, or On -the -Job training (20%of Benchmark:68% funds must be used for this element) X 4.Occupational skills training —priority for recognized 3. The median earnings of Participants in credentials aligned with sectors in -demand unsubsidized employment during the 2nd quarter after exit Benchmark: Pending" *Pendingfurther State and Federal guidance. X S. Education offered concurrently with workforce 4. % of participants who, during the program, are in re oration activities education or training that leads to a recognized postsecondary credential or employment AND who X 6. Leadership development-community service &peer centered activities are achieving measurable skill gains Benchmark: Pending" " Pendin urther State and Federal guidance. X 7. Supportive Services X S. Adult mentoring X 9. Follow-up services for not less than 12 months after S. % of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc. eenchmark:58% X 11. Financial literacy 6. Effectiveness in serving employers ' Benchmark: Pendin X 12. Entrepreneurial skills training X 13. Labor marker information -career awareness and exploration 'Pending furtherState and Federal guidance. X 14. Activities to help youth prepare for and transition to postsecondary education EXHIBIT B 25H-.157 EXHIBIT 2 COMPLAINT HANDLING UNDER THE WORKFORCE DEVLEOPMENT ACT SANTA ANA 1 0: Santa Ana Local Workforce Development Area Revised April 25, 2018 IA1.'1lt7MT41 25H-158 EXHIBIT 2 Table of Contents Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statem 2. Civil 3. Nondiscrimination laws under Is 9 4. How to File Your Complaint 5 B, Criminal Complaints 6 II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures -for -Handling -Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA TERMS 20 2 2 B 99 EXHIBIT 2 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. IT1c60 EXHIBIT 2 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disabiity, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1976 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of 1973 20G1H-16 EXHIBIT 2 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT 2 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the EXHIBIT 2 receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. ItT1c64 EXHIBIT 2 A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III, Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; 20MVT6G5 EXHIBIT 2 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c, if mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 5 -1066 EXHIBIT 2 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance maybe obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. so E IBIT C 25�-167 EXHIBIT 2 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at anytime prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following Information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 EXHIBIT C 25H-168 EXHIBIT 2 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State, Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included In the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 2BM69 EXHIBIT 2 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level 13 EXHIBIT C 25H-170 EXHIBIT 2 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. 14 2PUB 8g71 EXHIBIT 2 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section 11 (A). 15 EXHIBIT C 25H-172 EXHIBIT 2 PROCEDURES F,;OR HANDLING NONCRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWDAs Informal Resolution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days Within 10 days of ° receipt of ° unsatisfactory decision or 10 days from date Request for State Review wo LWIA decision 0 should have been issued. Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25H-173 EXHIBIT 2 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 VI. Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 604 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. v EXHIBIT C 25H-174 EXHIBIT 2 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT C 25H-175 EXHIBIT 2 No later than 180 days of alleged discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of Initial filing of complaints Filing of complaint on the basis Of Disability with LWDA k Day I Informal Resolution I If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted I I Day/45 Day LWDA Decision Unsatisfactory Decision or No Decision State Review I Governor's Decision I I Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25H-176 60 Days EXHIBIT 2 GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1976 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP) COMPLAINANT. GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, Including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC zo EXHIBIT C 25H-177 EXHIBIT 2 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and/or intake and assessment services. 21 EXHIBIT C 25H-178 eligible for participation upon intake; or services (except post -termination individual who receives only outreach EXHIBIT 2 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR.CONTRACTS. GRANTS LOANS. and _COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Santa Ana WIOA Program Title Katharyn Muniz Name of Certifying Official Signature EXHIBIT D 25H-179 EXHIBIT 2 Certification -Regard ing Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25H-180 EXHIBIT 2 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (a) and (f). B. The contractor shall insert in the space provided on the attached 'Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. �/7 .%/f! Date, a tarn porator ,,ig`.. tune �" EXHIBIT E 25H-181 EXHIBIT 2 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION: REGARDING DRUG -FREE t WORKPLACE REQUIREMENTS y Name: Katharyn Muniz Name of Contractor: _Orange County Conserva#ion Corps Contractor Number: A-2017- Date: July 1. 2017 - June 30, 2018 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site); .1855R.'Rayrno6d Me..Anaheim. CA'028.01 Address EXHIBIT E 25H-182 I EXHIBIT 2 Certification Regarding Deb4rm6it Susbehsloli, inbligibillty;ihd Voluhtarv:EXciLitIb Lower.Tler Covered Transactions This certification is required by the regulations Implementing Executive Order12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read Instructions which are an integral part of certification) 1, The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and Its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently Indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2, Where the prospective primary participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Diane Gourii9:ConsariroftontGorus Grantee/Contractor Organization Katharyn Muniz Name and Title of Official Authorized to Certify On Behalf of the Grantee Date 25H-183 EXHIBIT 2 Santa Ana Workforce Investmet Board Youth Council Workforce Innovation & Opportunity Act Program Year2018/2019 Budget Form Orange County Conservation Corps Administrative Program Total WIOA M,v s>w.ro1`.NSkK k 61 :,,o;`:`„cG. Salaries (List Sties and FTFS)' 10,9801 75,801 86,781 Benefits' 1,364 17,040 18,404 Total Personnel 12,344 92,841 105,185 Rent - Occupancy Related* Utilities Phones Internet fees Parking fees Security Maintenance Insurance Equipment rental fees' Vehlcle lease charges (vehicles may not be purchased) Office expenses (consumables) Accounting Services Project Expenses Adminstrative Services Indirect costs (attach Indirect cost rate plan') Professional Services Marketing/Membership Finance Charges Staff training 100 100 Staff travel/mileage Participant Wages &Benefits* 53,657 63,657 Support services' 13,200 13,200 Profit (for profits only) Other (Ilst)' Incentives 3,300 3,300 Project Transportetlon 4,668 4,558 Charter School Total Operating Expenses 74,815 74,815 GRAND TOTAL (rota[Personnel + Total Operating Expenses) $ 12,344 $ 167,656 $ 180,000 Follow-up Services (2o x $4001(staff time +fol up svcs) - Grand Total with Follow-up Services $ 12 344 $ 167,6561 $ 180,000, EXHIBIT G 25H-184 EXHIBIT 2 Santa Ana Workforce Investmet Board Youth Counafl OCCC Workforce Innovation & OppodunityAcf Direct Program Expenses Program Year201=019 W10A OCCC Staff Wages/Solades Amount AdminlstatNe Slag Chief Execulive Officer 3.156 Chief Financial Officer 2,930 Executive Assistant 2,103 Payroll Specialist 2,792 SubtofalAdmin Staff $ 10,960 Employer Taxes $ 840 Workers Compensation $ 110 Benefits $ 414 SubtofalAdmin ShffTaxeslBeneffla $ 1,364 Total Adminlstmtive Personnel $ 12,344 Promem Ste Programs Manager/Speclallst two $ 2,835 WIOA Program Specialist $ 37,228 CMDelopmentspecia8d $ 1,550 Director of Operations $ 3,233 Project Manager $ 2,855 Craw Supervisor $ 13,950 Crew Supervisor $ 12,800 SubtotalProgmm Staff $ 75,801 Employer Taxes $ 51889 Workers Compensation $ 3.177 Benefits S 7,974 Subtotal Program StsITTexewBene0ts $ 17,040 TotelProgrom Personnel $ 92,841 Program Expemms Pro)ecl Transportation (veNde, Insurance, fuel, repair& mint) $ 4,558 $ 4,558 StaffTmining $ 100 $ 100 Occupancy Related (rental, utilities, repair & mint) $ - $ - Corpsmember(CM) Expenses Average Tofalhraf W10A CMStipends $orCMs HavdyRefe CM Amount CMs(up to 29 hawk) 22 $11.00 to$122019 4,356 $ 45,607 Carry-overs CMs Total Hours/Pald Work Experience 4,356 Employer Taxes $ 3,490 Workers Compensation $ 4,360 CM Wages andkiwerds Total 22 $ 63,657 $ 53,657 Supportive ServlcesAlndorms/bus passes/gas cards/books/tuidon/others 22 $ 600 $ 13,200 $ 13,200 CM Incentives 22 $ 150 $ 3,300 $ 31300 Subtotal Cats Expenses $ 74,816 Total WIA $ 180,000 OCCC Staff Salaries & Wages Texas & Benefits OCCC Match • Participant Wages & Benefits OCCC Charter School OCCC Expenses $ 45,388 $ 8,357 $ 26,828 $ 11,000 $ 18,791 E%HIBrTG 25H-185 EXHIBIT 2 ap Ur O a ° 5 p m ° 96 g� efioC 12 �m19 `s 'i "g 9ln`'�tiw�gwww 9 T N N r1 O 17 N I� T N '1 b N a q � U 9 ti O N '1 pl Al Y1 m tD 1N0 H C � U JJJ O t oo w gggw wy m w O CN1 N T oq m .... t N '1 �Qmr°ti 'i 'i mn�'�tiNa�{n m o Da! a E w w w w a< $ �8 p8p88 g .gF^i ryq �Y oq A n vomit mN Y I1°Y b N 4O 'I b N M V O E )o E e1 "e--111 IG E m 0 so MPH n` '95 OC : F. F9a 25H-186 EXHIBIT 2 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected, Please initial each box [y7 I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. [a We will provide records to show that we are fiscally solvent, if needed. [r We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. © We have additional funding sources and will not be dependent on WIA funds alone, We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance. Q Maintain record confidentiality, as required. 0 Reporting financial, participant, and performance data, as required. 0 Comply with State and Federal fiscal and program activity audits. Q Complying with Federal and State non-discrimination provisions. [j Meeting requirements of Section 504 of the Rehabilitation Act of 1973. [T( Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. I / Agree to provide all participants with Grievance Procedures. Q Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) [.�. Procurement policies and procedures are in place and meet federal guidelines. We will not; [7] Place a youth in a position that will displace a current employee. [dr Use WIA money to assist, promote, or dater union organizing. [ Use funds to employ or train of persons in sectarian activities. [' Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Q Use WIA funds ffr activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the prograim(s) are only for youth eligible to participate raider WIA. +[ Use WIA money under this contract to purchase any equipment. that all,or the above are true. 4�Cd EXHIBIT H 25H-187 EXHIBIT 2 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company GYfV-+ 7111WVImn p6owi SV1S1.1'myje-c This endorsement modifies such insurance as is afforded by the provisions of Policy # PRC 5154tkD 13 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; 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 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 �Q tS P.DI this endorsement form as a part of Policy # BAc r 194WD Lei Issued to C7fanca�( �A i fnRsa�rvzhi{��, C�pS Named Insured Countersigned by Au orized Representative 25H-188 EXHIBIT 2 �® CERTIFICATE OF LIABILITY INSURANCE onre(MMDDmv) 9/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA. Inc. LIC # 0726293 505 N Brand Blvd, Suite 600 CONTACT Annie Lee FNONE . 818.539-2300 F'� . 818-539-2301 a MAIL . Anniq_Lee@ajg.com INSURE S AFFORDING COVERAGE NAICH Glendale CA 91203 INSURERA:Great American Alliance Insurance Cc 26832 INSURED INSURER B:Great American Insurance Company of NY 22136 Orange County Conservation Corps INSURER C:Navi ators Insurance Company 42307 1853 N. Raymond Ave. Anaheim, CA 92801 INSURER D : NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 438147840 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 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E LTR TYPE OF INSURANCE Man MO POLICY NUMBER POLICY EFF IDO POLICY EXP MMDD LIMITS A Y PAC516468013 101112017 10/1/2018 EACHOCCURRENCE $1.000,000 TCOMMERCIALOENERMLLMILITY CLAIMS -MADE �X OCCUR PREMISES Go oppo"noal$100000 MED EXP(An one person) $5,00D PERSONAL &ADV INJURY $1,000000 GEHL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3.000000 POLICY EICT F-1LOC PRODUCTS-COMP/OPAGG $3000000 $ OTHER: B AUTOMOBILE LIABILITY 0/1017 107208 l COMBINED SINULE LIMIT Epalden $1,000,000 X BODILY INJURY (Per person) $ ANYAUTO %( CHEDULED AUT0.90NLVUT09 OWNED Hall AUTTOG ONLY AUTOS ONLY BODILY INJURY Pereultlen0 $ Per eccldent A E $ $ X Comp $100 $500 A X umeaeLLA LIAR X OCCUR UMB 660370513 10/1/2017 10/1/2018 EACH OCCURRENCE $4,000,DO0 AGGREGATE $4,OD0,D00 EXCESS LIAB OWMS-MADE DIED I X I RETENTIONS 10,000 $ WORKERS COMPENSATION AND EMPLOYERS 'LIABILnY YIN ANY PROPRILTORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED'! NIA PER ET STATUTE I E.L. EACHACCIDENr $ EJ- DISEASE -EA EMPLOYEE S (Mandatoryln NH) If yea, deeaihe under DESCRIPTION OFOPERATIONS below E.L. DISEASE -POLICY LIMIT $ C C Directors &officers Directors&Officers NY17DOLVO318INV NY17DOLVO318INV JW12017 10112O17 10/l/2016 10/12018 Per Claim: $2,000.000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddiUonai Remarks Schedule, maybe attached if more space Is rNulmdl Policy: Abuse and molestation Coverage Policy #: PAC 615468013 Carrier :Great American Alliance Insurance Cc NAIC: 26832 Term:10/0112017 -1 O/OM018 Each Occ : 1,000,000 Aggregate: 3,000,000 See Attached... City of Santa Ana, Workforce Investment Board 1000 E. Santa Ana Blvd., Ste. 200 Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 25H-189 EXHIBIT 2 AGENCY CUSTOMER ID: LOC #: t+L.Ivl ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Arthur J. Gallagher & Co. Orange County Conservation Corps POLICY NUMBER 1853 N. Raymond Ave. Anaheim, CA 92801 CARRIER NAIC CODE EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Policy: Professional Liability Policy #: PAC 5154680 13 Carrier:Great American Alliance Insurance Cc NAIC: 26832 Tenn: 10/01/2017-10/01/2018 Each Occ : 1.000,000 Aggregate : 3,000,000 The City of Santa Ana, its officers, agents, employees and volunteers, and the State of California, Its officers, employyees, and volunteers are named additional insured/Funding Source with respect to the operations of the named Insured per the attached CG 2026 endorsement. Such Insurance is Primary and Non -Contributory. Workers Compensation coverage excluded, evidence only. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved I he ACORD name and logo are registered marks of ACORD 25H-190 Named Insured : Orange County Conservation Corps EXHIBIT 2 Polley No: PAC 516468D 13 Effective Dale: 101112D17 CG 20 26 (Ed. 04 13) 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 (a): The City of Santa Ana, Its officers, agents, employees and volunteers, and the State of California, Its officers, employees, and volunteers Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. 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 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 of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with your premises owned by or rented to you. However: 1. the insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respect to the Insurance afforded to these Additional Insureds, the following Is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured Is required by a contract or agreement, the most we will pay on behalf of the Additional Insured Is the amount of Insurance: 1, required by the contract or agreement; or Copyright, ISO Properties, Inc., 2012 CG 20 26 (Ed. 04/13) 11 491 EXHIBIT 2 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 26 (Ed. 04/13) M. ZSH-192 i EXHIBIT 3 Workforce Innovation & Opportunity Act Youth Program Provider Santa Ana Public Library 2018-2019 EXHIBIT A 25H-193 EXHIBIT 3 MEMORANDUM OF UNDERSTANDING UNDER THE WORIK'ORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this I' day of July, 2018, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and the City of Santa Ana/Santa Ana Public Library, identified by the assigned Data Universal Numbering System (DUNS) Number 08-3153247 ("SUBRECIPIENT"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program") D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECII'IENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(i)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. 2 5 H -194 Page 1 of 17 EXHIBIT 3 B. SU13RECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 6658-Al1. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll records and job duty statements. 25H-195 Paget of 17 EXHIBIT 3 2. SUBRECIPIENT agrees to forward to the Santa Ana Work Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana Work Center Administration. 3. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, and records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and Participants related to this Agreement. Such agencies or representatives shall also schedule on - site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Goverment take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation as invoices, bills, 25H-196 Page 3of17 EXHIBIT 3 statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents(2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. SUBRECIPIENT shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. 25H-197 Page 4of17 EXHIBIT 3 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A --Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit F"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CPR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On Fending �1ie CITY was awarded $Pending'iri youth funds under the Act for fiscal year 2018-2019 from the Department of Labor, Employment and Training Administration. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under the provisions of the Act a srnn not to exceed $T2.0445; o SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit G" and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. 25H-198 Page 5of17 EXHIBIT 3 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. M. TERM OF AGREEMENT A. This Agreement shall commence on July 1, 2018, and all duties arising under this Agreement shall have been performed by June 30, 2019. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SU13RECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. 25H-199 Page 6of17 EXHIBIT 3 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. V1. APPLICABLE C A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2nd quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 4d' quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2' quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, 2 5 H -200 Page 7 of 17 EXHIBIT 3 State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U,S, Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this 2 5 H -201 Page 8 of 17 EXHIBIT 3 Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to -the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. 25H-202 Page of17 WHIMINI3 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will betaken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business Involving Close personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for SUBRECIPIENT to conduct business with a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 2 5 H -203 Page 10 of 17 EXHIBIT 3 c. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f. Salary and Bonus Limitations. All Subrecipients of WIOA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. VII. HOLD HARMLESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VIH. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY (in substantially the form as 2 5 H -204 Page 11 of 17 EXHIBIT 3 Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, Participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CIIY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATESTATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 25H-205 Page 12of17 EXHIBIT 3 ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontractor assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement; 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use. permits and licensing; _ 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. C1TY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. 2 5 H -206 Page 13 of 17 EXHIBIT 3 FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. VV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less'than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless the dispute involves a change order. XVIL 2 5 H -207 Page 14 of 17 EXHIBIT 3 BREACH -SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: km CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA. 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRECIPIENT: City of Santa Ana / Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92702 Phone: (714) 647-5288 Fax: (714) 647-6913 MERGER This Agreement, together with the attachments hereto, expresses the total understanding 2 5 H -208 Page 15 0£ 17 EXHIBIT 3 of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 2 5 H -209 Page 16 of 17 EXHIBIT 3 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: SoniaR. Carvalho City Attorney BY: RWn O.k2odge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency 11CITY11 In Cynthia J. Kurtz Interim City Manager "SUBRECIPIENT" BY: Name: Gerardo Mouet Title: Executive -Director Tax ID #: 95-6000785 25H-210 Page 17 of 17 EXHIBIT 3 1. Experiences and Oualifcations The Seeds to Trees Academy apprenticeship program will be operated by the Santa Ana Public Library in partnership with Santa Aria College. The experience and qualifications of both agencies will be described in this section. The Santa Ana Public library (SAPL) is a division of the City of Santa Ana's Parks and Recreation Department (PRCSA). SAPL's purpose is to respond to our community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. The library is subdivided into 4 primary departments: young adult services, adult services, youth services and technology and support services. B. & C. List the facility address and address of headquarters if different location. Please include maior cross streets. Indicate hours of operation for facility. • The Santa Ana Public Library Main Branch located at 26 Civic Center Plaza, at the cross - streets of Civic Center and Ross in Santa Ana will be headquarters for the program. Hours: 10 am-9 pm Monday -Thursday and 10 am — 6 pm Friday and Saturday. Computer labs and classroom space available to students are located in the TeenSpace, the basement of the Main Library, and the Mezzanine. All three areas are wired for data transmission using the City's public access Internet. • The Digital Media lab and Teen Center at Garfield Joint Use Community Center located at 850 Brown St. at the cross -streets of 41" Street and Lacy. Hours: 3:00 p.m. -6:00 p.m. Monday -Friday. Facility is equipped with a digital media production studio and a classroom - structured computer lab utilizing state of the art Mac computers. • The TeenSpace at Jerome Recreation Center located at 726 S. Center Street, at the cross - streets of Center and McFadden. Hours: 3:00 pm — 8:00 pm Monday -Thursday and 3:00 pm - 6:00 pm Friday. • Roosevelt E-library: Scheduled to be completed February 2018 D. Briefly indicate what makes -your facility youth friendly and suitable for the proposed program. All three locations offer young adults a designated, specially designed space for them to train, learn, work, relax, do homework and meet friends, and are ADA compliant. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue — The Library's allocation of City General Fund monies for 2014-15 was $3,194,170. Other sources of revenue include a CDBG block grant of $250,000 to support Homework Help Centers. We were awarded a $495,000 IMLS grant for history related programing. 2. Brief description of staff - The library employs 10 full-time librarians, 8 full-time paraprofessionals and 8 full-time clerical personnel. We currently employ 70 part time clerks and tutors in children's, teen and adult programs. Some of our part-timers are paid through the General Fund and others through various grants. Please refer to attachment W-2 for brief biographies of all TeenSpace staff who will participate in the Seeds to Trees Academy Program. 25H-211 EXHIBIT 3 3. Past experience with WIOA programs or other youth programs - The trained staff contributing to this project will be: Young Adult Principal Librarian, Technology and Support Principal Librarian, Lead Case Manager, Out of School Youth Assistant Caseworker, and an In - School Youth Assistant Caseworker, WIOA Program Clerk, lead Out -of -School Youth Sr. Tutor and lead In -School Youth Tutor, Assistant Librarian, Youth Services Technician and Library Operations Manager. The Young Adult Principal Librarian has been the project director for the past 4 iterations of the Seeds to Trees WIA program and will devote approximately half of her work time to guiding and overseeing the program. The Technology and Support Principal Librarian is in charge of CTV-3 programming for the city and has been and will continue to be responsible for effective cooperation with Santa Ana College and its School of Continuing Education to insure that class schedules and locations, content and student monitoring are implemented and problems solved promptly. She also has had and will continue to have oversight of the work experience of the youth participants focused on CTV3 programming, coordinating filming, editing, and web content design through the efforts of her staff. Assistant Librarian Saidy Valdez will serve as Lead Caseworker overseeing the entire program. This will be her second year overseeing the program. An Out -Of -School Youth Assistant Caseworker, an In -School Youth Assistant Caseworker and a WIOA Program Clerk will be recruited and hired for the project. It is anticipated that priority hiring will be given to staff that have previous experience working with the Seeds to Trees WIA program at the library. Lead in -School Tutor and lead out -of -school Sr. Tutors will be drawn from current pool of staff. Additional current staff will have roles as tutors and project mentors. 4. What tdnd of impact has your organization made on the youth community? The library has maintained a high munber of ongoing apprenticeship programs for teens, including a very intensive Summer Volunteer Institute (SVI) that encourages teens to fmd self- worth and civic engagement though giving back to their community. In 2013-2014 the Young Adult department hosted 825 teen programs in which 3988 teens participated. That same year, the Young Adult department hosted 449 Buddy Programs in which both school -aged children and their teen mentors participated. The buddy programs had a total of 3,294 participants. The library's 350 volunteers completed 8,710 hours of volunteer work, and a majority of the hours were completed through the Young Adult department. At present, teens continue to volunteer through the school year in math, reading, fitness and art "Buddy" programs aimed at young children. There are daily activities for teens at both library branches and the Jerome Recreation Center. Half of our part time staff are involved exclusively in assisting with these projects, and are experienced and committed to the growth and development of the young people they work with. The majority of teens hired through our grant programs have begun their contact with the library through the volunteer program. Our volunteers are mentored by staff and older teens and transition age young adults (18-24), and encouraged to develop personal and academic goals and an understanding of the importance of their work to themselves and others. The library has also been unusually effective in working with probation youth volunteers. Annually, forty to fifty probation youth complete their community service at the library. Ten to fifteen of those continue volunteering at the library when their community service responsibilities are concluded. The TeenSpace program Circle of Mentoring is advised by the Teen Library Club. As a group, these teens have contributed many thousands of hours of community service to the library and to 25H-212 EXHIBIT 3 various civic engagement projects around the city. Ninety-eight percent have graduated from high school and 90 percent have gone on to higher education. These are teens that do not represent the top 10-20 percent of their high school class. They are not involved in student government or school activities. They are the quiet at -risk youth whom no one notices. But at our TeenSpace, they are noticed, nurtured and appreciated. In all of our youth -centered programs, two guiding principles have been primary: The Circle of Mentoring concept and its successor, the Seeds to Trees concept. The first emphasizes the value to both mentor and mentee of a close and lasting supportive relationship, and the second the value of providing long-term mentoring, teaching and financial support for developing youth. These principles are the basis of our success with WIA youth in our previous programs. All full- time employees at the library are involved in mentoring the students we employ under WIA. In collaboration, the efforts of staff members have produced notable successes, especially with WIA-mandated goals. The program has achieved full enrollment very early in the cycle for the previous and current WIA programs. In recent years, a total of sixty participants completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District (RSCCD) testifying to their mastery of digital media preproduction skills. 29 (90%) of youth participants of the 2014-2015 program have successfully attained their Microsoft Office certifications and the remaining youth are currently working with their tutors to complete their certifications. 4 (100%) of our 2014-2015 out -of -school participants have been enrolled in Santa Ana College and are currently receiving training in Business and Digital Media. Participants have been able to take part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. In November of 2014 the TeenSpace Circle of Mentoring Program was recognized with an award from the President's Committee on the Arts and the Humanities (PCAH) which was presented by First Lady Michelle Obama at a ceremony at the White House. The award recognizes the country's best creative youth development programs for using engagement in the arts and the humanities to increase academic achievement, graduation rates, and college enrollment. The awardees—chosen from a pool of more than 350 nominations —are chosen for their impact on the youth of their community. Santa Ana College (SAC) has had a long history of serving Santa Ana youth. Santa Ana College was founded in 1915 as a department within Santa Ana High School. As such, the campus has focused on serving the youth of Santa Ana from its very inception. In 1947 Santa Ana College moved to a permanent campus at 17th and Bristol. It was the second junior college founded in Orange County and the fourth oldest in all of California. The college has evolved into one of the most energetic and fastest -growing comprehensive community colleges in the nation, currently serving 29,318 credit and non-credit students per semester. Santa Ana College provides a dynamic leaming environment that prepares students for transfer to four-year institutions, careers and lifelong intellectual pursuits in a global community. The Middle College High School program provides college level instruction to high -school -aged youth. 25H-213 EXHIBIT 3 The Centennial Education Center operated by Santa Ana College is the only major Adult Education provider in the City of Santa Ana. The programs offered at Centennial Education Center are award winning, receiving 4 major awards in 2013 from agencies which include the California Department of Education. All programs and services offered at the Centennial Education Center are Tuition Free. SAC also provides access to the (DMC) Digital Media Center, a 28,000-square-foot, innovative, state-of-the-art that features a business incubator for start-up companies, instructional space for SAC's digital media arts, TV/video production and digital music programs. The facility also houses a collection of business seminars related to the digital media and business industries. B. & C. List the facility address and address of headquarters if different location. Please include maior cross streets. Indicate hours of operation for facility. 1. Centennial Education Center - 2900 W Edinger Ave, Santa Ana, CA 9270, Cross Street Edinger and Fairview — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM 2. Santa Ana College Main Campus - 1530 W 17th St, Santa Ana, CA 92706, Cross Street 17`h and Bristol — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM 3. Digital Media Center - 1300 S. Bristol Santa Ana, CA 92704 Cross Street Edinger and Bristol — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM D. Briefly indicate what makes Your facility youth friendly and suitable for the proposed program. In 2002, voters approved a $337 million general obligation bond to renovate existing campus buildings and construct new classrooms for the RSCCD that provided improved facilities for SAC. In November of 2012, additional funds were provided to improve facilities at Santa Ana College. These improved and expanded facilities are now available to provide the best possible educational setting for the next generation of Santa Ana Youth. E. Provide brief information on the following elements; 1. Average annual operating budget and sources of revenue - A majority of the classes will be undertaken the (CEC) Centennial Education Center. Their annual budget is $13,662,882. These funds come from various state, county, and local sources and are managed by Santa Ana College and the Ranch Santiago Community College District. 2. Brief description of staff - The Centennial Education Center has 5 administrators, 11 Full- time Faculty and Counselors, 297 part time faculty and counselors, along with 103 support staff. The management team is made up of Interim Vice President Jim Kennedy, Dean Nilo Lipiz, Dean Dr. Sergio Sotelo, Associate Dean Christine Kosko, and Associate Registrar Phuong Nguyen. 3. Past experience with WIOA programs or other youth programs - The Adult Education center has had a long history of serving nontraditional high school students of all ages. Their GED and high school diploma programs have been utilized by many members of the Santa Ana community. The faculty and staff are very experienced in helping nontraditional students reenroll into productive educational courses. The Adult Education Center will also have access to the resources that are typically made available to other incoming community college students. 4. What kind of impact your organization has made on the youth community? According to the US Census, 48% of adults over the age of 25 in Santa Ana (over 89,000 residents) do not 25H-214 EXHIBIT 3 have a High School Diploma or GED equivalent. Over 20% of households in the city do not have a member in the household over the age of 14 that can speak English fluently. The Continuing Education Center has answered these needs for the last 33 years by providing a place where students lacking a high school diploma could take the steps needed to complete their secondary education. Last year a total of 13,072 courses were completed by all students in the program. The Center served a total of 24,259 students enrolled in various programs. Of these, 4,558 were full-time equivalent students working towards a degree or credential. In addition, Centennial Education Center students earned over 1,400 state approved certificates in English as a second language and career and technical education programs. 2. Proposed Prwram A. Provide an overview of the program's main objectives The "Seeds to Trees Academy: Digital Media Technology Institute" program developed by the Santa Ana Public Library in partnership with Santa Ana College (SAC) is a free comprehensive apprenticeship program comprised of paid training and work -experience consisting of student internships and externships for 15 youth ages 14-24 leading to certifications and college credit in the fields of digital media, business, and computer information technology. Of these 15 WIOA eligible student interns,12 youth (80%) will be "Out -Of -School Youth" (ages 16-24) and 3 youth (25%) will be "In -School Youth" (ages 14-21). At least 3 (20%) will be foster or probation youth, youth with learning disabilities and/or youth who have dropped out of high school. In addition to the youth populations mentioned above, the program will be recruiting returning veterans who are out —of -school youth (18-24). The program is an evolutionary outgrowth of the library's previously successful WU funded "Seeds to Trees Digital Media Technology" program that the library implemented successfully for 3 years in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI). This program was revamped for 2014-2015 by modifying the Seeds to Trees approach to include additional elements considered beneficial to the participants of the program. These additional elements are: 1) enrolling all participants in Santa Ana College and paid training leading to transferable college credit; 2) increased focus on work - experience internships and extemships at local businesses and city departments leading to potential employment and; 3) a program element that introduces participants to post -secondary Massive Online Open Courses (MOOCs) in a structured staff/tutor led classroom setting. We will continue to focus on providing youth participants with these three additional elements for 2017-2018. (Please refer to attachment W3 for a further explanation of MOOC'S) The program will provide participants with WIOA Elements 1-14. 1) The program will offer students tutoring, study skills training, and instruction leading to the completion of a high school diploma and post -secondary education readiness. 2) Students who are high school dropouts will have the opportunity to complete their high school diploma or attain their GED via programs provided by the SAC School of Continuing Education. 3) Students will have access to occupational skill training in clerical office skills, as well as media technology through Santa Ana College and its Continuing Education Center Program. 4 &5) Students will have work experience and on -the job training opportunities at the library creating design/content for various agency and affiliate web sites, producing videos for the city's CTV-3 25H-215 EXHIBIT 3 channel, and work experience at extemship sites at local businesses and city departments. 6) During their work experience, the youth will operate in teams, where the need for teamwork will help them to develop an understanding of the importance of responsible behavior and an opportunity to display leadership. They will also participate in a Teen Community Leadership Institute program that will be coordinated by library's Youth Civic Engagement internship program. 7) Students will be provided with the educational materials and equipment required to successfully complete the program, as well as transportation to and from program sites from the library. 8) During the entire learning and working period, youth will be mentored and supported by adults and responsible young adults from the library and the College. 9) Follow-up services for a minimum of 12 months after program completion will be provided for youth to support educational and/or employment endeavors. 10) A Masters in Counseling intern and Doctor of Psychology skilled in a variety of fields, including addiction and family counseling, will be available to students as needed to provide counseling and referral services. 11) All youth participants will be provided workshops that will train them in financial literacy, 12) in entrepreneurial skills training and, 13) in labor market information leading to career awareness and exploration. 14) Fieldtrips to post -secondary education institutions, enrollment in SAC study skills, business and/or digital media classes, one-on-one college counseling sessions and workshops, as well as Padres Promotores workshops for youth and parents of in -school youth will serve to help youth prepare for and transition to postsecondary education. Upon eligibility determination, all 15 participants will be streamed into 2 program tracks. Track 1: Out —of -School Youth: Microsoft Office Applications certifications and Intro Digital Media Apprenticeships (12 participants; 450 hours ): Digital Media Arts 100 Course (3 Units). 56 hours, Video Production: 40 hours, One-on-one Educational Counseling: 3 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 93 hours , Civic Engagement/Volunteer projects: 30 hours ,Work -Experience Internship/ Externships: 200 hours, Track 2: In -School Youth: Microsoft Office Applications certifications and Beginner Digital Media Apprenticeships Q participants; 200 hours ): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production: 16 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 30 hours, Civic Engagement/ Volunteer projects: 20 hours, Work Experience Internship/ Externships: 50 hours The duration of the Seeds to Trees program is approximately one year (44 weeks), from August 2018 to June 2019. In order for a youth apprentice to receive the maximum benefits of the program, we require that he/she must commit to between 5-12 hours a week of participation. These hours per week include instruction and work experience in addition to workshops to enhance participant skills. There will be 2 Part-time (1 full-time equivalent) lead Case Manager that will be assigned to oversee this program. There will be one Assistant Case Manager for Out —of —School Youth. Case managers will be assisted by part-time Cleric, Sr. Tutor and Tutor staff assigned to the project. Students have the opportunity of interacting with their respective Case Manager at each class, work experience or workshop. On average students and Case Managers will interact 4-5 times a week. For more intensive needs of the students, the Case Manager and/ or additional support staff will be available. 25H-216 00MMI1-.111K 3. Population to Trees Academy program will serve 15 B. Describe the age ranee of the Youth that will be served. Of the 15 youth, 12 will be "out -of -school youth" (ages 16-24) and 3 will be "in -school youth" (ages 14-21). C. Describe any minimum requirements that youth need to have in order to be enrolled into your program (aside from the WTOA Youth eligibility requirements). In addition to WIOA Youth eligibility requirements, priority enrollment will be provided to WIOA eligible returning military veterans who are out -of -school youth (refer to letter of support from SAC Veteran Upward Bound program). Additional priority enrollment will be provided to WIOA eligible youth who have completed a minimum of 30 hours of volunteer service in Santa Ana Public Library and/or Parks and Recreation programs. D. Special consideration for organizations that can serve the following youth populations: 1. At least 80% of Out -of -School youth (required): Yes we will serve 80% this population 2. At least 10% of youth with disabilities: Yes 10% will be this population 3. At least 10% of foster/emancipated youth: Yes 10% will be this population 4. At least 10% youth that have dropped out of high school: Yes 10% will be this population 5. At least 10% of youth on probation: Yes 10% will be this population Out -of -School and dropout youth will be recruited via referrals from SAC Continuing Education Program, SAUSD (refer C2),Access California services (refer to letter of intent 179) and at outreach events. We will also post flyers and recruit for the program among library patrons (refer to attachment W4). Youth with Disabilities: The library has had a successful association with serving as a work experience site for the Santa Ana Unified School District's Special Education Program Youth. The Transition Center has agreed to continue to refer youth with disabilities to the Seeds to Trees Academy (please refer to Letter C4 from SAUSD Transition Center). Youth with physical disabilities will be welcome in the program, as will youth with mild leaming disorders. We have had tremendous success working with youth who are autistic, and have started a partnership with Easter Seals Autistic Services program. They have agreed to refer youth to our program as well (please refer to letter C5 from Easter Seals Autistic services). Youth with severe cognitive disabilities will find the educational components of the program too demanding. With space in the program limited, it is necessary to offer the training only to those who can benefit from it. Foster Youth: The library has developed a successful association with Orangewood Children's Foundation which serves foster youth in Orange County, and they have agreed to refer emancipated foster youth for participation in the program (refer to Letter C7 from Orangewood Children's Foundation). Further, the Project Director has been attending 25H-217 EXHIBIT 3 meetings of the Foster Youth Breakthrough Collaborative since 2009 and the Orange County Social Services Agency has agreed to refer foster youth to the program (refer to Letter C6 from the Orange County Social Services Agency). Since several project employees are former emancipated foster youth from Orange County, we will have staff on hand uniquely qualified to assist foster youth interns. Probation Youth: The "Seeds to Trees Academy" program plans to recruit youth who are on probation through our partnership with the Orange County Probation Department who have agreed to refer probation youth for participation in the program (refer to Letter C8 from Orange County Department of Probation). We have had great success with probation youth community service volunteers. Forty to fifty probation youth volunteer at the library annually, and ten to fifteen of those remain as volunteers after their service hours are completed. We are currently piloting a program specifically aimed at probation youth that includes workshops on adolescent behavior and attitudes and how they resonate in a student's life, as well as classes in needed academic subjects. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment C. Refer to Attachment C for letters of support. Recruitment andoutreach forthe program will occur at the start of the grant cycle 7/1/2018. . Prior to the start of the program, the library TeenSpace staff will promote the upcoming "Seeds To Trees" program during its Summer Volunteer Institute program which annually recruits over 120 summer volunteers, many of which are WIOA eligible, and it's Probation Youth Community Service program which has an average annual participation of 40- 50 youth on probation. In addition, staff will -make presentations at Orange County FYO (Foster Youth Outcomes) meetings, CASA (Court Appointed Social Advocates) meetings and at local Santa Ana High Schools, to recruit candidates for this program. In addition to Foster Youth, Probation and Youth with disability referrals, Access program OC, and the Veteran's Upward Bound program have agreed to provide referrals of interested participants to our program as well. We will begin accepting notices of interest in the "Seeds To Trees Academy: Digital Media Technology Institute" in May 2018 (refer to attachment W4 for recruitment flyer), and distributing and accepting applications, including gathering all documents required by the Service Navigator to determine youth WIOA eligibility, in July 2018. Once youth eligibility is confirmed, youth will be hired as Work Experience employees (WEX). It is anticipated that all this will occur in the month of August, 2018 in anticipation of the certificate and courses which simulate a college semester. The goal at this point is to have recruited and enrolled at least 12 (80%) of total 15 youth participants planned in the program. 4. Assessment A. Youth Service Providers are required to use the Test for Adult Basic Education (TABS) assessment tool, but may use other assessment tools upon approval. Yes we will utilize the TABE test as an assessment tool. 25H-218 ANMSI10.111R. on the type of assessment tools or surveys that will be used. During the initial recruitment and eligibility determination phase, all student participants will take a TABE assessment test to determine their basic skill level. C. Describe knowledge of the barriers that youth encounter. • Basic Skills Deficiency: Among the youth served by the Santa Ana Public Library, there are a number of barriers associated with poverty preventing the achievement of short and/or long term goals. The most common barrier as revealed by the TABE test is basic skills deficiency. A majority of students tested are performing at or below an equivalency of 8.9 grade level. These students often have difficulties in the completion of their education, are likely to fall behind in semester credits and in turn eventually drop out of high school. • Poor Work History: Students with poor work history are defined as at least 19 years of age and have never had a full-time job. As students continue to search for opportunities in a competitive job market, their limited education and work experience limit their opportunities. Many of the youth do not have reliable transportation to and from school or to the place of employment. As a result it causes an attendance and/or punctuality issue. Many do not have professional clothing readily available for employment interviews or professional events. These barriers are often setbacks for students. • High School Drop -Outs/ Lack of High School Diploma/GED: A significant number of youth in our community come from economically disadvantaged families. Low socio- economic status often leads to a number of impediments to student success such as educational underachievement, higher likelihood of dropping out of school, offender status, teen parenthood, and welfare dependency. Latino students comprise a majority of the student population in the Santa Ana Unified School District. Nearly seventy-two percent of these are reported as dropping out. Statistically, high school dropouts earn lower wages, are more likely to commit crimes, and are considered less healthy both physically and emotionally than students that graduate. Many jobs in the market require a high school diploma, so that youth who do not graduate contribute to increasing unemployment rates among youth, juvenile arrests, gang affiliation and births to teens, perpetuating the poverty cycle. • Lack of post -secondary education/ training: Many our students graduating high school do not enroll in post -secondary institutions and enter the workforce to assist their families financially. But with limited education, training, and/or experience it is difficult to find employment with sustainable earnings. As a result many youth become frustrated and resort to substance abuse for escape. Additionally, our students who do enroll in post- secondary education are often first generation students and have difficulties adjusting to the role of college student. Students are often unaware of the resources on campus available to assist them with the completion of their degree. Therefore, many students perform poorly and eventually drop out of college. D. Specify how your organization will address the barriers that youth encounter The "Seeds to Trees" program plans to recruit youth with barriers to employment, educational advancement, and a successful future. The Seeds to Trees program will supports students by providing resources, knowledge and/or informational tools to find personal connections for 25H-219 EXHIBIT 3 educational and local workforce opportunities. Students will partake in various activities to enhance their educational, employment and life skills. Youth who are TABE tested and determined basic skills deficient will be provided with one-on- one tutoring in order to assist them to improve those skills. All youth participants will be provided with valuable work experience via internship and extemship opportunities offered by the Seeds to Trees Institute. Youth participants who are drop -outs or in danger of dropping out will be enrolled in the SAC School of Continuing Education high school diploma or GED completion program and will be provided with one-on-one tutoring to assist them with classes. All youth participants will be provided work training leading to state recognized certificates in computer maintenance and repair or general clerical as well as industry recognized certificates in customer service and digital media disciplines. To address the barriers to post -secondary education, all youth will be enrolled into Santa Ana College, and will be provided specialized college course training leading to college credits upon completion. Given the dramatic 13% decline in the employment prospects of American teens recently reported by the Brookings Institution, it is vital that training programs offer flexible education models that can adapt to changing needs of employers. The Brookings report found that many of teens would face permanent effects of being locked out of the job market. Per the research findings in the report, we believe that our MOOC pilot program cohorts can help to link high school students to post -secondary educational credentials. Furthermore these courses will help to strengthen career and technical education opportunities in industry specific areas. An additional benefit of these courses is that they are highly adaptable to local job market conditions and can be tailored to the regional labor market as the Brookings institution suggests. 5. Paid & Unpaid Work Experience A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as: 1. Summer Employment: 5-8 youth participants of 2018-2019 Seeds to Trees Academy program will be hired on as library page interns in the summer of 2019. 2. Pre -apprenticeship programs; 3. Internships or job -shadowing; 4.On-the-Job training opportunities: The entire format of the "Seeds to Trees" program focuses on work -based learning opportunities via an apprenticeship approach. All 22 WIA eligible youth are hired as apprentice Work Experience employees (WEX) and paid an hourly wage to receive a complete in -class and on-the-job training work experience that they can use to propel them into higher education, employment and/or self-employment as a freelance entrepreneur. As part of their work experience, all apprentices will be provided opportunities to obtain internships onsite working on various digital media productions for CTV3, as well extemships at sites that have committed to hosting interns from our program. Job shadowing and work based learning will be a part of this program. B. Special consideration will be given to organizations that can prepare youth for targeted in -demand industries as identified in the SAWIB's five year plan: This WIOA program will have a variety of supportive partnerships to guide youth into in - demand career fields. Youth interns interested in pursuing careers in manufacturing will have the 10 25H-220 EXHIBIT 3 opportunity to work with artisan manufacturers at the People's Soap Company or to pursue a career in a variety of construction related careers though referrals to the OC Labor Federation. Those interested in healthcare and social services fields will work closely with the OC Chapter of the National Association of Hispanic Nurses to identify employers that can utilize the intern's digital media training. These interns will also have the opportunity to intern at the LGBT Center to help them provide social services to their populations. As a result of the proximity to several downtown hospitality and entertainment businesses the interns will have a number of nearby options to pursue after their training. Marcas Gallery, and MC Gallery have agreed to host and train interns from this program in the requirements needed to run art related businesses. Additional entertainment options include positions at Downtown Inc. and the online ticketing/event company EventFire. Interns aged 21 and over will also have the option to intern with event coordinators at the Copper Door as part of their social media team. Environmentally interested interns will be able to work with the Santa Ana Zoo and Heritage house on promoting and implementing sustainability programs at each site. As part of their training, youth will be trained to provide digital media support and promotion for all the above industries. Additionally, youth will be trained to work in the government sector that has many of the components of the above industries, such as recreation centers, library, and public works. All youth will have opportunity to work part of their externship hours at the newly built Roosevelt E-Library (projected to be built 6/2018) assisting with implementing new programs at the center. C. Special Consideration for organizations that offer iob training/preparation in the industries of: 1. Science, 2.Technology, 3. Engineering, 4. The Arts, 5. Math The Digital Media Institute will prepare interns to enter a wide range of STEAM -related industries by providing them a solid foundation in how to capture, edit, and distribute media content for their employer. This training will introduce the interns to real world applications for digital media technology within a flexible framework that can be applied across different industries. This built-in flexibility emphasizes the need for each intern to approach their future careers by merging science and technology with an understanding of artistic considerations across industry barriers. D. List soine of the emplovers that will assist in the paid and unpaid work experience opportunities. The Santa Ana Public Library has agreed to hire youth apprentices who have interned/extemed at the agency contingent upon youth work performance and availability of resources. Additional potential employers who have committed to hosting interns, and may hire youth apprentices who have interned in their sites are: the Frida Cinema, the Bower's IZidseum, Heritage Museum of Orange County, Batch co-op space,, Marcas Gallery, the LGBT Center OC, Downtown Inc., Left of the Dial Records, and the Suavecito. Additionally, OC Animal Care confirmed that they will give youth apprentices the information and workshops intended to advance a career in animal care. (Refer to attachment F12) 11 25H-221 EXHIBIT 3 Staff will continue to pursue additional employer partnerships during the course of the program to ensure that youth get a wide variety of employment options. SAPL staff members are working closely with the following City departments to identify additional positions: Treasury Department of the Finance and Management Services Agency, the Planning and Building Agency, the City Attorney's Office, and the Santa Ana Zoo. E. Include Letters of Commitment from employers as Attachment D. (Attached) F. Include a copy of the Work Experience policy as Attachment E. (Attached) 6. Alternative Secondary School Services A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. The program will be partnering with Santa Ana College's Adult Continuing Education program to provide additional dropout recovery education support programs to out -of -school youth participating in the program (Please refer to Letter F2 from Sac Continuing Ed program'.',. B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. The following classes will be provided at no cost to out -of -school participants at the designated Parks and Recreation -Library "Seeds To Trees" program training sites: • Adult High School Diploma Program • High School Exit Exam Preparation (GED, HSET, etc.) for participants requiring the services • Adult Basic Education (0 to 8a' grade level) for participants needing additional assistance in improving their basic literacy/numeracy skills. These classes will aid greatly in dropout prevention and dropout recovery for youth participants who are struggling with high school completion. Additionally, youth who have dropped out or are in danger of dropping out will have additional hours assigned to their designated dropout prevention/ recovery mentor. They will meet weekly with their mentor and receive one-on-one help with their completion programs. 7. Preparation for Postsecondary Education and Training A. Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. Certificates and college credit courses will be provided by Santa Ana College and/or SAC Continuing Ed program. Students will be receiving certificates of completion for Microsoft Office basics from industry recognized MOOC providers, as well as Digital Media Certificates from CTV3. B. Special consideration for organizations that offer preparation for postsecondary education and training in high -demand industries. Students will receive training in Digital Media arts and business, both high demand industries. 12 25H-222 EXHIBIT 3 C. Identify and/or develop a pathway For youth that can lead them from high school to career or college. Please elaborate on the specific pathway(s). The program will seek to work with small and large businesses to identify current and evolving job opportunities and to learn what employers look for in candidates. The apprenticeship will give students the chance to earn college credit in career related fields. 2013-2014 job shortages included positions in marketing, computer programing, computer science marketing, and systems analysis. We will continue to expand our program's focus on providing the skills necessary for our participants to engage high value jobs in the region's emerging industries. The training provided in our work plan provides the participants with the first steps they will need to take in order to begin the process of obtaining the education needed to begin a career in these high demand fields. The use of MOOCs is a tool with which the students are introduced and guided through college level course work. The introduction to college via classes in business and intermediate digital media arts will reinforce this as well. It is our belief that this early introduction to a college education will encourage them to pursue a degree after the program is completed. Additionally, the high level of computer programming and technology to which the digital media technology courses and MOOC's will expose our youth will help them transition into other computer -programming -related fields, D. Describe in detail how the program will prepare youth for postsecondary education and training. 1. The Seeds to Trees Academy program utilizes a blended program approach that combines traditional post -secondary education, in -person training and educational methods with cutting edge online post -secondary training and educational methods via MOOC's. 2. All youth participants in the Seeds to Trees Academy will be enrolled in Santa Ana College, and will be able to obtain at least 3 college credits via the completion of an Intro Digital Media Basics course 3. All youth will receive one-on-one and group higher education counseling hours and workshops from Santa Ana College. They will work with their counselor to develop a higher Education plan. 4. In -school youth and their parents will participate in youth higher education preparation workshops put on by Padres Promotores for Higher Education from Santa Ana College. 5. Youth in follow-up year will also have access to one-on-one college counseling sessions and workshops. 6. All youth will attend College Scholarship workshops that will provide them the opportunity to apply for college scholarships (please refer to attachment W-5). E. How will your organization expose youth to the various post -secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.). 1. Out -of -School youth will be enrolled in college level SAC courses in the field of digital media. This will insure that our program will enroll each one of our participants in a center for higher education by the end of the first quarter. 2. Participants will be introduced to post -secondary education via MOOC's that will provide access to courses from some of the most elite universities in the US and the world. 3. Interns will attend workshops on college searches, college applications, scholarships and financial aid, as part of their on-the-job training. Intems will also be taken on field trips to local 13 25H-223 EXHIBIT 3 colleges such as Santa Ana College, Cal State Fullerton, Chapman University, the Art Institute in Santa Ana, Cal State Long Beach and UC Irvine. 4. The Santa Ana Public Library works closely with the Adelante program at Santa Ana College, an initiative advocating for a college degree in every home in the city. High school students may enroll in the Adelante program and upon completion of general education requirements are guaranteed admission to either University of California Irvine or California State University Fullerton. 5. Santa Ana College and Santa Ana Public Library have recently partnered to create a Higher Education Center (HEC) at the Santa Ana Central Library. Youth will be provided access to all services/programs planned at the HEC (Please refer to attachment W-5 for list of HEC services/programs) F. Describe the certificates that vouth will be able to earn while in your program or within 1 Year after exit. 1. Santa Ana College Course Credits • 3 College Credits: Art 195: Intro to Digital Media Arts (15-25 Youth) 2. Santa Ana College School of Continuing Education • Adult High School Diploma Program • High School Exit Exam Preparation (GED, HSET, etc.) for participants requiring the services • Vocational courses leading to the attainment of state -approved certificates in areas of entry-level high employment potential. This will be provided in follow-up year. 3. Massive Open Online Course (MOOC) Pilot Program Certificates: • ALISON— Advanced Learning Interactive Systems Online (Alison.com). Provides industry recognized free certified training in a variety of subjects. Currently used by Employ Florida and Virginia Workforce Connection to train job seekers requiring additional skills and certifications. • Microsoft Digital Literacy- IT Basics, Internet & Productivity Programs Diploma (35 youth) - Diploma is verified by Microsoft and is industry recognized. (Completed during program year) • Google Applications Certifications — courses and certificates developed and verified by Google and are industry recognized. (Offered during Follow-up year) o Google Webmaster Certificate o Google Fundamentals of Marketing Youth Business Online Certificate o Fundamentals Google Docs Certificate o Exploring Google Apps Certificate o Google Applications for Business certificate o Fundamentals of Google Android Development Certificate o Google AdSense Certificate o Google Analytics Certificate o Google SketchUp for 3D Modeling certificate • EdX- "is a not -for -profit offering the highest quality education, both online and in the classroom. Founded by the Massachusetts Institute of Technology (MIT) and Harvard University, EdX offers online learning to on -campus students and to millions of people around the world. EdX is building an open -source online learning platform and hosts a web portal at www.edx.org for online education". In addition to providing courses 14 25H-224 EXHIBIT 3 leading to certificates of completion from Harvard and MIT, EdX also provides access to courses and certificates of completion from a host of highly accredited Universities throughout the U.S and the world. Will be offered in follow-up year. Youth Participants will be able to participate in tutor assisted online courses leading to "Honor Code Certificates of Achievement" from the university that administers the course. We will focus on tutor assisted courses focused on Digital Media, Information Technology, and/or Business application topics, depending on the availability of these courses on the EdX platform. Caring mentors and teachers are only a part of the overall program designed to ensure that participants are able to find gainful employment upon exiting the program. More importantly the "Seeds to Trees Academy: Digital Media and Information Technology Institute" enables youth to undertake apprenticeship training in technologically advanced fields. An examination of the California Occupational Employment Projections for 2010-2020 suggests that computer technology -related skills is such a field. According to this study the top 50 fastest growing occupations include software related fields that will grow at the projected rates of 31.9 with a median annual wage of more than $100,000. Other growing fields requiring a bachelor's degree include Marketing Specialists (24,600 jobs), Database Administrators (3,600 jobs), and Software Developers (24,100 jobs). There will also be 31,200 jobs for Computer Support Specialists that will not require a college degree. These positions will be filled with individuals with the technical training needed to meet that positions industry recognized requirements. Advances in information technology have inundated the lives of millions with a vast amount of media. User generated content has fast become a source of news, entertainment, and artistic expression for an entire generation of web savvy individuals. As e-commerce continues to grow at faster rates than the rest of the economy, the ability to express one's insights with multimedia presentations has become an increasingly marketable skill. Those individuals with the proper training and knowledge of software tools will be in a prime position to excel in a 21't century economy. Many of our local youth are already naturally web savvy and are open to the idea that they could one day follow a career in software creation. In this way, the academy taps into a youth's desire for self-expression and teaches valuable work skills in the process. In addition, the training from this program will open up to students the possibility of working in one of the industry clusters that the WIB board identified in their 5 year strategic plan. These clusters include established fields of hospitality, government positions, and clerical positions in finance, insurance, and real estate clusters. Opportunities for job growth also exist within the emerging clusters of advanced manufacturing, information technology, and other scientific services. In the longer term, the Bureau of Labor Statistics' latest Occupational Outlook (http://www.bls.gov/oco/ocos090.htm) suggests that video and web design -related employment will grow between 8 and 24 percent in the next ten years (Please refer to attachment W-6 for more detailed breakdown). H. Include Letters of Intent from training agencies as Attachment F. 15 25H-225 EXHIBIT 3 Please refer to attachment Fl and F2 for letters of intent from Santa Ana College, The School of Continuing Education and the Youth Entrepreneurship Programs. 8. Tutorins I. & J. Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABE) on ALL youth to assess their literacy and numeracy drills. Youth who score 8.9 and below are considered "basic skills deficient" who should receive tutoring or remedial training to improve their literacy and numeracy skills. Describe in detail the tutoring resources that will be provided to youth. The Santa Ana Public Library currently operates an after -school tutoring program in its Central Library and Newhope Learning Centers as well as in its Jerome and Garfield TeenSpace programs. All student interns will have access to these tutoring services. Prior to acceptance into the program, all WIOA enrolled youth will take a TABE test to assess their levels of basic skills. All enrolled youth who are basic skills deficient will be assigned a TeenSpace Sr. Tutor or Tutor mentor who will schedule time to tutor them on a daily or weekly one-on-one basis to increase their basic skills to the 9a` grade level. Students who are not basic skills deficient will also have access to one-on-one hands-on tutoring, primarily in English (as this is what is most needed in the production field) with the goal of increasing the grade levels of their English abilities. Tutoring help will be provided to in -school youth who are in 12`s grade to complete their high school diploma. Out of school youth who do not possess a high school diploma must enroll in the SAC Continuing Education High School Diploma or GED completion program. These youth will be assigned a Tutor mentor to assist them with their diploma or GED test preparation. Sr. Tutor and Tutor mentors will utilize TeenSpace math and English computer software applications and MOOC courses as a creative strategy to assist all their students to increase their literacy and numeracy gains. -- - - 9. Mentorine Mentorship has always been a cornerstone of the Santa Ana Public Library's Teen (12-18) and Young Adult (18-24) programming, and it will be a cornerstone of the "Seeds to Trees Academy" program as well. All program participants will be assigned a Tutor Mentor, who. they will meet with individually on a weekly basis for 30 minutes as part of their on -the job training. They will discuss the progress of their vocational and on -the job training as well as any additional educational tutoring and support service needs that they may have. Tutor Mentors will provide the necessary resources to meet their mentees' needs. Tutor Mentors will also schedule their mentees' tutoring time at this meeting. In addition to mentoring from their assigned Tutor Mentors, interns will also receive mentorship on their particular production projects from project mentors. These Project Mentors will be responsible for helping interns develop and produce content for programming on specific topics. They will also receive mentoring from the Case Managers who will meet with them on a bi-monthly basis to track their progress and needs. Interns will also receive additional mentoring from their in -class vocational training instructors and externship employers, 16 25H-226 WmoI--101 L. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions, mental health issues, low self-esteem, probation, gang issues, parenting issues, etc. Dr. Lawrence Singer, who has a Doctorate in Psychology, will be on -staff to provide guidance with life skills workshops, and referrals to counseling services to help youth in successful development (Refer to Attachment W-7). Counselors will compile a resource binder for use in referring youth to (Please refer to attachment W-7 for resumes of both counseling staff members). M. Will your organization offer mental health services or referrals to mental health agencies, describe. Yes, we will offer counseling per previous answer and will provide referral service to local service providers. N. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. The program provides referrals for youth to comprehensive guidance and counseling for drug and alcohol. We will get support for these referrals from our counselors on staff and from our health agency partners. Additionally we will be providing "The Truth about Drugs" drug education program workshops in partnership with drugfreeworld.org. These workshops will also serve as a referral point. (Please refer to attachment W8 for a referral list of drug and alcohol counseling providers and for a description of the drugfreeworld.org program.) 10. Workshops O. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: 1. Financial Literacy/ Budget Management A Workplace Financial Education Program will be presented by Orange County Credit Union (refer to Letter of intent F3) 2. Entrepreneur Skills Training Rancho Santiago Community College District's Youth Entrepreneurship Program (YEP) will provide a 5 week series of two hour workshops that will teach youth the basics of entrepreneurship (refer to Letter of Intent F4) 3. Labor Market Information WHW (WomenHelpingWomen/Men2Work) will provide workshops on labor market information, as well as employment readiness (Refer to Letter of Intent 175). Additionally, staff will provide workshops on navigating the 0-Net https://www.onetonline.org/ online tool for career exploration and job analysis. 4. Family Planning The Cal State University Fullerton Community Nursing program will provide a series of workshops on pregnancy prevention and sexual health (refer to Letter of Intent 176) 5. Worker's Rights/Labor Laws 17 25H-227 EXHIBIT 3 The Orange County Labor Federation will provide workshops on Labor Laws and Worker Rights (refer to Letter of Intent F7). Additionally, the Library's former SEIU Union representative (1/2010-1/2015) Zulma Zepeda will provide training/workshops on Santa Ana employee Worker's Rights/ Labor Laws. 6. Analytical Skills at the Workplace HR Consultant Quinn Hedrick, will provide workshops on Workplace Analytical Skills (Refer to letter of Intent F8 and attachment W-9 for a brief biography of Mr. Hedrick), Additionally, Access California Services will provide employment preparation workshops (Letter of Intent F9). 7. Health Resources The Orange County Chapter of the National Association of Hispanic Nurses (OCNAHN) will provide several health education workshops on a variety of health topics, as well as workshops on health careers (Refer to Letter of Intent F 10) 8. Public Speaking Skills Latin Leaders Toastmasters organization will provide workshops on communication and leadership. Interns will be assigned to attend these workshops during the course of their work - experience (Refer to Letter of Intent Fl 1). IL Civic Entrarement or Leadership Development A. Can Your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. In response to the priorities set in the five year strategic plan, the City of Santa Ana has begun to implement a youth civic engagement program designed to encourage youth to become actively involved in the Santa Ana community. These efforts have resulted in the creation of the Youth Civic Engagement (YCE) internship program. The youth selected for the YCE program have a mandate to identify and implement strategies designed to increase civic participation among youth in Santa Ana. In 2015 & 2016 the YCE interns will organize a 6 week long Summer Youth Leadership Institute (refer to attachment W-10 for a tentative proposal for this program). This program will begin with a Summer Youth Volunteer Fair. The event will assemble fifteen or more local organizations at an outdoor venue where they will have the opportunity to meet and recruit youth in Santa Ana to become civically engaged via summer volunteer opportunities (refer to attachment W-11 for a proposal of this fair). This is an opportunity for youth to build their resumes, learn about the breadth of volunteer opportunities available in their community, and develop civic awareness and leadership skills. In addition, the Civic Engagement Interns will have the opportunity to participate in the Teen Library Club volunteer program, and join in the many community and library volunteer service projects the Club undertakes, including the Santiago Creek Clean-ups, OC Marathon Clean-ups, Heritage House Gala Fundraisers, Autism Walk, Library Halloween Haunted House, Santa's Corner, and Library Book Sales. Opportunities added to the program this year include the organization and promotion of photo scanning events to preserve and share local history. Additionally, all student interns will spend a portion of their on-the-job work time assisting TeenSpace staff in one of our "Buddy" programs. As part of the "Buddy" program, student interns will learn to mentor and serve as role models to younger children (4-11) in a variety of 18 25H-228 EXHIBIT 3 ongoing "Buddy" programs such as "Reading Buddy", "Math Buddy", "Art Buddy", "Sports Buddy", "Healthy Buddy", "Garden Buddy", "Acting Buddy" and "Science Buddy". Access California Services (Letter of Intent F9) and Latin Leaders (Letter of Intent F11) will provide several leadership workshops to youth interns as well. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. The Summer Youth Leadership Institute program will target Santa Ana youth between the ages of 14 and 24 years. Youth will be recruited through a combination of planned entertainment, free food and beverages, and partnerships with the represented agencies. Given previous experience working with organizing community fairs, our department estimates that we will have roughly 200 youth in attendance at the fair. The YCE will organize a curriculum for up to 80 youth to participate in the 6 week leadership program following the volunteer fair. These youth will be drawn from interns from other WIOA programs as well as from the general young adult (14-24) population of Santa Ana. These 80 youth will be given an overview of the basics of civic participation including but not limited to lessons on the organizational structure of the City of Santa Ana, the various locally elected positions, and differences between City, SAUSD, and County government. The participants will then be divided into smaller cohorts to work on specialized civic projects of their own choosing. All 15 WIOA youth will be part of these civic engagement projects. The attendance at the individual events ranges from 5-60 people depending on the size of the event. Most of the sessions will take place in groups of less than 20. C. Special consideration for organizations that can leverage funds to provide services to non-WIOA youth participants. We are able to leverage our funding to include the WIOA youth participants in a host of civic engagement events throughout the programing calendar. The active engagement of Santa Ana youth in civic affairs is part of the core mission of the SAPL TeenSpace program. The Youth Leadership Institute program will leverage funds from the general fund allocation to Civic Engagement to meet the strategic goals of both WIOA and the YCE programs. Youth from WIOA will be given a priority in applying for this institute, although the program will be open to all Santa Ana youth age 14-24. 12. Supportive Services P. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance. etc. If so, please describe. Seeds to Trees Academy program will provide supportive services, in the form of transportation to and from training sites, professional clothing assistance, college course books, portfolios and background checks/live-scans. Additionally, youth WIOA participants will be able to participate in the City of Santa Ana Employee Blue Skies program and receive incentives for using an alternate mode of transportation to commute to and from work each day ( please refer to letter of intent F13 and attachment W-12 for benefits of the Blue Skies program) 19 25H-229 EXHIBIT 3 0. Include the Supportive Service Policy as Attachment G.: Attached 13. Incentives A. Will Your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. No, we do not provide incentives as our focus is in providing a paid work experience and training. We do however have a scholarship program that has been established by one of our previous WIA Seeds to Trees youth interns; "The Seeds to Trees" Scholarship which provides an annual scholarship of $300 to a WIOA youth. Incentives are provided via the Blue Skies supportive service program that all WIOA youth will be enrolled in. The youth will be eligible for the following incentives from the Blue Sky program: Carpooling $20-$60 a month, Bus users: $45 a month; Biking and walking $20-$45 B. Include the Incentive Policy as attachment H — Not Applicable 14. Follow -Up Services A. Youth Service Providers are required to provide follow-up services to youth participants 12 months after exit. Follow-up documentation will be required 30 days after exit 60 days after exit. and 1s ; 2" , 3� : and 41 quarter after exit. The Seeds to Trees program will provide -follow up -services -for -these time -periods:— B. Elaborate on the types of services that will be provided to youth during each quarter during the'12 month follow-up period. Youth will be provided the following services and activities during the 12 month follow up period: 1. College Counseling (Provided by Santa Ana College): Santa Ana College will continue to provide up to 2 hours of one-on-one College Counseling to youth after exit, to help them keep on track in the post -secondary educational pursuits. 2.2019 Summer Youth Leadership Institute: Youth Interns will continue internships in the summer months at the Summer Youth Leadership Institute Program. 3. Digital Media Apprenticeships: 8-10 interns from 2017-2018 will be hired as library pages in July of 2017, and will serve as digital media apprentices and peer mentors for the 2018-2019 incoming WIOA youth. C. Describe if your organization will provide case management, job retention services mentorine, and ensure the participants attains their goals. We will continue to provide one-on-one mentoring, tutoring and case -management services. Additionally, we will provide skills development workshops as well as advanced MOOC workshops to reinforce what they have learned. D. Describe how your organization will ensure that youth meet the Performance Indicators during the follow-up period. `EO 25H-230 EXHIBIT 3 Interns will attend career skills on -site instructor -based and MOOC-based workshops on resume and cover letter creation, interviewing techniques and "Dressing for Success" as part of their on- the-job training. Towards the completion of their program, interns will also attend workshops on job searches, submit applications, and post their resumes on several sites. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. Students have access to an employment binder where a number of job postings are included weekly. In addition the Case Manager sends several job leads to each participant's email weekly. After exit, students will continue to have access to the employment binder and also receive emails from Case Manager in regards to possible job leads E. Describe if your organization will provide youth with incentives or supportive services during follow-up to assist youth retention. Youth will continue to receive college counseling, referrals, and access to all services that library provides for free. We will not provide incentives, other than inviting youth to celebration events, and providing food and entertainment. At minimum, youth will be contacted on a monthly basis and will be encouraged to continue meeting with their mentors on a monthly basis. Additionally, youth will be part of a mailing list with invites to all library/TeenSpace events, special programs and workshops. 15. WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: (Please see attachment for Performance indicators) 16. Prior Outcomes A. If your organization was previously awarded a WIA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes for the past 1-2 years from each W11B if applicable: der#ormance,0utcom�s"Santa.An' � C01�1VI01V IVIEASIJRES ' a • s ^ZQ12.; ` ' 2013 Sr .:; : , 4} 4 ,� xam`je Increased Literacy/Numeracy Skills 7 — 8 = 88 % 16 = 18 = 89 % Entered Employment or Post -Secondary 1 - 1 = 100 % 2 — 5 = 40 % Attained Credential/Diploma/Certificate 20 = 20 = 100 % 21 _ 21 = 100 % 21 25H-231 EXHIBIT 3 I Fiscal Coinnetency A. Describe the process used to capture and report fiscal data. The City of Santa Ana uses the Lawson Financial Management System to capture, report, and monitor revenues and expenditures. Grants are provided a unique accounting unit and activities are used to track grant program expenditures and grant matching funds. Every expenditure requires an accounting unit and activity number. Lawson is capable of generating reports at the accounting unit or activity number level. B. Attach a copy of the organization's procurement policies and procedures as Attachment 1. (Attached) C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. The management of the City of Santa Ana has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City's financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Santa Ana's comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As the City, we assert that, to the best of our knowledge and belief, the financial information is complete and reliable in all material respects. Additionally, the City is also required to undergo an annual "Single Audit" in conformity with the provisions of the Single Audit Act of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. The invoicing process will consist of a review of each period's expenditures, identifying eligible expenditures and submitting a periodic report documenting eligible expenditures. Staff assigned to this task has many years of experience in reporting to local, state and federal agencies. Additionally, staff assigned to the task has performed this function during prior grant years. With each WIA report submitted staff continues to gain experience to provide information more efficiently and effectively. The City receives over $400 million in revenue each year. Additionally, Parks, Recreation, and Community Services Agency (PRCSA) is appropriated approximately $17.7 million from the General Fund. The amount requested in WIA funds is approximately $400,000, which 22 25H-232 EXHIBIT 3 represents approximately 2% of the Agency's General Fund appropriation and therefore the Agency's financial stability is not dependent on WIA funding. On the other hand, while the amount of WIA funding is small in comparison to PRCSA General Funds, these funds allow PRCSA to provide very valuable educational opportunities to Santa Ana residents. With such a large City the demand for services often exceeds the available resources. For this reason PRCSA is requesting WIA funding to provide services that otherwise would not be provided by the City due to the limitation of funds. F. Identify the percentage of budget that will go directly to youth (i.e.: work experience Payments, direct training supportive services incentives etc.) versus the percentage of overhead and administrative costs. 90% of the budget will be directly spent on youth in the form of work experience, training, supervision and mentoring. G. Submit most recent 2 years of audited fmancial statements as Attachment T & U with For a complete look at the 2 latest Comprehensive Annual Financial Reports for the City of Santa Ana please visit: http://www.santa-ana.org/finance/cafr/default.asp H. Please include 1 budget form and 1 budget narrative for PY 2015-2016 and one budget form (but not a narrative) for 2016-2017. (Attached) 18. AddiiionalAttachments A. You may include additional documents such as flyers, brochures, training descriptions, and/or testimonials that support your proposal and/or further describe the program, as Attachment W. Please see following page for list of additional attachments. W-# Example: WIOA Youth Brochure W-1 Letter of Support from Congresswoman Loretta Sanchez W-2 TeenSpace Staff Biographies W-3 Description of MOOC's W-4 Recruitment Flyer for Seeds To Trees Academy W-5 SAC Higher Education Center @ SAPL Programming W-6 Occupational Outlook W-7 Resume's for Counseling Staff: Dr. Larry Singer (PsyD) and I(rystal Zavala (MS Counseling) W-8 List of Referrals for Drug and Alcohol Recovery Programs and Description of drugfreeworld.org 23 25H-233 EXHIBIT 3 W-9 Quinn Hedrick— HR Consultant Biography W-10 Summer Youth Leadership Institute Proposal W-11 Summer Youth Volunteer Fair W-12 Blue Skies: Commuter Services Program Brochure W-23 List of Planned Field Trips W-14 List of C V3 Past Videos produced Youth Interns W-15 Life -Skills and Self -Esteem Workshop Syllabus W-16 Santa Ana College CASP Program Brochure W-17 TeenSpace Program Schedule and Flyers W-18 Testimonials from Past and Present WIA youth 24 25H-234 EXHIBIT 3 YSPN MEMBER PERFORMANCE PLAN 2018-2019 Santa Ana Public Library WIOA YOUTH POPULATION :.Yoath;Populatldn .. A8 oi.yduth to be Served.. . 16-18 3 Ou4 ofvchaol (75Y rrlinimum). 16-24 12 TOTAL NUMBEROFXOUiHTOBESERVED , 15 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100%OFYOUTH MUST BE ENROLLED BY 2ND QUARTER-DECEMBER 31, 2018) Quatter: ... #of Enrollments Estimated Expenditures per Quarter . per Quarter 12 $30,000 2t.- (100 _ niollmeM.Re ulied) 3 $30,000 4 $30,445 TOTAL .' .: $120,445 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program July 1, 2018-June 30, 2019 (Protected Benchmarks subject to change) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are in education/training, strategies or In unsubsidized employment during the 2Dd quarter after exit X 2. Alternative secondary school services or dropout recovery Benchmark: 66% X 3. Paid & unpaid work experience that have academic 2. %of Participants who are in education/training, and occupational components, which may include: or in unsubsidized employment during the 4`h summer employment, pre-apprenticeshlp, Internships quarter after exit & job -shadowing, or On -the -Job training (20% of Benchmark: 68% funds must be used for this element) X 4.Occupational skills training —priority for recognized 3. The median earnings of Participants in credentials aligned with sectors In -demand unsubsidized employment during the 2nd quarter after exit Benchmark: Pending* *PendingfurtherState and Federal guidance. X S. Education offered concurrently with workforce 4. % of participants who, during the program, are in reparation activities education or training that leads to a recognized postsecondary credential or employment AND who X 6. Leadership development -community service & peer centered activities are achieving measurable skill gains Benchmark: Pending* Pending further5tate and Federal guidance. X 7. Supportive Services X S.Adult mentoring X 9. Follow-up services for not less than 12 months after S. % of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc Benchmark:58% X 11. Financial literacy 6. Effectiveness In serving employers Benchmark: Pending* X 12. Entrepreneurial skills training X 13. Labor marker Information -career awareness and exploration *Pending further5tate and Federal guidance. X 14. Activities to help youth prepare for and transition to postsecondary education EXHIBIT B 25H-235 EXHIBIT 3 COMPLAINT HANDLING UNDER THE WORKFORCE DEVLEOPMENT ACT SANTA ANA Santa Ana Local Workforce Development Area Revised April 25, 2018 25H-236 EXHIBIT 3 Table of Contents Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights_ 4 3. Nondiscrimination laws under CI 4. How to File Your Complaint 5 B. Criminal Complaints 6 II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF W IOA TERMS 20 2 EXHIBIT C 25H-237 EXHIBIT 3 I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including; but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VI of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503-of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. EXHIBIT C 25H-238 EXHIBIT 3 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disabiity, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of 1973 EXHIBIT C 25H-239 EXHIBIT 3 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: s EXHIBIT C 25H-240 EXHIBIT 3 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present -the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the EXHIBIT C 25H-241 EXHIBIT 3 receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA, A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint. procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25H-242 EXHIBIT 3 A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Govemor. 6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25H-243 EXHIBIT 3 d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst— EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 EXHIBIT C 25H-244 EXHIBIT 3 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. io EXHIBIT C 25H-245 EXHIBIT 3 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 EXHIBIT C 25H-246 EXHIBIT 3 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 EXHIBIT C 25H-247 EXHIBIT 3 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level 13 EXHIBIT C 25H-248 EXHIBIT 3 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. 14 EXHIBIT C 25H-249 EXHIBIT 3 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). 15 EXHIBIT C 25H-250 EXHIBIT 3 PROCEDURES'FdR HANDLING NON C�RYMINAL COMPT�AINTS No later than 180 days of alleged discriminatlon Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWDAs Informal Resolution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days Within 10 days of ° receipt of unsatisfactory decision or 10 Request for State Review days from date o LW IA decision b a should have been Issued. Governor's Decision Issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25H-251 EXHIBIT 3 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst— EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 V1. Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information conceming the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. .v EXHIBIT C 25H-252 EXHIBIT 3 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days afterthe receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. is EXHIBIT C 25H-253 EXHIBIT 3 No later than 180 days of alleged discrimination Filed within 30 days of LW DA/State Decision or 90 days from date of Initial filing of complaints - I Filing of complaint on the basis Of Disability with LWDA I Informal Resolution I If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted LWDA Decision o Unsatisfactory Decision or No Decision State Review I Governor's Decision I I Appeal to Assistant Secretary Department of Labor I 19 EXHIBIT C 25H-254 Day 1 Day/45 Day 60 Days EXHIBIT 3 GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP)COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25H-255 EXHIBIT 3 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice `joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 21 EXHIBIT C 25H-256 EXHIBIT 3 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS. The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid orwill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress., an officer or -employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant; loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying" in accordance with its instructions. 3) The undersigned shall require thgt the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and .disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by.31 0.8.0. 1352. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $1 AO and not more than $100,000 for each such failure. occurring on or before October 23, 199a, and of not less than $11,000 and not more than $110,000 for each such failure. Santa Ana. Public Library I Seeds to Trees Academy Grantee/Contractor Organization , Program Title Signature Gerardo Mouet Name of Certifying, Official Signature EXHIBIT D 25H-257 EXHIBIT 3 Certification Reaardina Druci-Free Workplace Requirements The certification set out below Is a material representation upon which reliance Is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it Is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act, CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; .(2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged In the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee In the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five days after such conviction. (a) Notifying the U.S, Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25H-258 EXHIBIT 3 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement,.or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug4ree workplace through Implementation of paragraphs (a), (b); (9),..(d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the sites) forthe performance of work to be carried out.with the grant funds (including street address, city, county, state, and zip code) .the contmotor further certifies that, if it is subsequently determined that additional .sites will be used for the performance.of work under the contract,. it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. -g -1 ? Date Gerardo Mouet City of Santa Ana1SAPL EXHIBIT E 25H-259 EXHIBIT 3 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: City of Santa Anal Santa Ana Public Library Name of Contractor: City of Santa Anal Santa Ana Public Library Contractor Number: A-2017- Date: July 1, 2017 - June 30, 2018 The Contractor shall insert In the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 26 Civic Center Plaza, Santa Ana, CA 92702 Address EXHIBIT E 25H-260 EXHIBIT 3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lowerter Covered Transactions This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16,1988, Federal Register (Pages 19160.19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certiflesto the best of its knowledge and belief, that it and its principals: a, Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a'public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, Making false statements, orreceiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal,' state or local) with commission of any the offenses enumerated in paragraph (1)(b) of this certification; and d. Have notwithin a'three-year period preceding this a'ppllcation/proposal had one or more public transactions (federal, state. or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Santa Ana Public Library -Seeds to Trees Academy Grantee/Contractor (/Organization Gerardo Mouet, Executive( Director 5/8/2018 Date EXHIBIT F 25H-261 EXHIBIT 3 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification In this clause Is a material representation of fact upon which reliance was placed when this transaction was entered Into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment, 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal Is submitted If at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "Ineligible", "lower tier covered transaction", "participant', "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal Is submitted for assistance in obtaining a copy of those regulations, S. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the DOL. 6. The prospective reciplentof Federal assistance funds agrees by submitting this proposal, that It will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, orvoluntarily excluded from the covered transaction unless it knows that the certification Is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered transaction knowingly enters Into a lowertier covered transaction with a person who Is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, Including suspension and/or debarment. EXHIBIT F 25H-262 EXHIBIT 3 BUDGET FORM 2018-2019 Organization Name: Santa Ana Public Library: Seeds to Trees Digital Media Technology Academy Administrative Cost (Not to Exceed 10%) Total Program g Cost Total W)OACost Match/In Kind de3Y3W}?«tS {£^ 1K � �1— ��4 i'^y4r,i%'1iA�3�'2v # r ondel,Sa`�..�.5 ?4V x}S s. 42 �'i �,!Yis ah �a4 "h_tV •. $36,119 1:1-ead Case Managers(100% FTE) 2 Program Director $9,000 3 Assistant Program Director $17,886 4 Library Operations Manager $15,276 5 Support Staff/Tutor/Mentors — (55% $ 5 7"�' 0 72, sFTE) A �. �-• � ry s+ac�y.��si=� �. Pe1Yr onnefd;eiefits �a:iaabwMn'rvaeals.eu--�$�'�Y�iwY s,i'," ,.` �'��'*� $2,889.52 �57 1:Lead Case Manager (100% FTE) 2 Program Director $2,167.5 3 Assistant Program Director $5,560 4 Library Operations Manager $4,736 5 Support Staff/Tutor/Mentors — (55% FTE) $616.40 $ 17,634.19 Total Personnel Salaries & Benefits $0.00 $1Js445 $47,329.97 $145,217 Ope Ing Elk zpensa e Rent .Legal Services Auditing Services Indirect Cost $2655.74 $2655.74 Staff Training Staff Conferences Participant Wages $68,659.97 Supportive Services $2,500 Participant Training $6,952 Youth Conferences $1,800 Follow -Up Services for2019 $ 21,000 Total Operating Expenses $2655.74 """ ` $104j85771 $73,115.71 $31,742 GRAND TOTAL (personnel +o eratln a g) $2655.74 "'"'•" 397,;;4,0,4 $120,445 $176,959 25H-263 EXHIBIT 3 BUDGET NARRATIVE Organization: Santa Ana Public Library Instructions: This Budget Narrative provides a detailed description of each line item reflected on the Budget Form (Attachment B). Only need to submit 1 Budget Narrative for Program Year 2015-2016. However, you will need to fill out two Budget Forms, one for 2015-2016 and one for 2016-2017. Please include the cost allocation of each line item within this budget narrative. Please align the budget narrative with the budget form. Each section of this budget narrative describes the cost allocation, formula, and/or bases forthe costs of the program. The Budget Narrative and Budget Form may be amended and/or modified during the program year to adjust line items, but not to exceed the total grant amount, with the approval of the contractor's Executive Director and City of Santa Ana's approval. Please elaborate on the appropriate line Item budget narrative how the program will fulfill at least 20% of funds will be used for work experience. 1. Personnel Salaries a. List each individual position dedicated to this project. List the staff title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project and indicate cost for each staff b. Briefly describe their role and how the grant will benefit from their role 1.) Lead Case Managers—TBD (3 Library Assistants):100% FTE for 12 months: $ 36,119 WIOA Funds (75% OSY =$ 27,089.25 WIOA Funds) Responsible for management of all student interns, maintaining WIA compliance, mentoring of several youth, follow up services to previous year WIA youth and management of all employment and library based training components. The Case Manager will dedicate 100% of their time to WIOA for 12 months to recruit and enroll youth, provide WIOA youth with case management, work readiness preparation, educational resources, coordinate work experience sites, and assist youth in obtaining employment, training, and State recognized certificates. Supervise interns working on e-libraryweb portal for Youth College and Career preparation. 11.) Program Director— Cheryl A. Eberly (Youth Service Supervisor):10% FTE for 12 Months: $9,000 In -Kind. Responsible for general oversight and direction of program. Youth Services Supervisor — Cheryl A. Eberly. 10% (200 hrs) of $91,000 (annual salary) = $9,000 In -kind (In -Kind) III.) Assistant Program Director— Lyzbeth Beltran ( Library Assistant): 35%FTE for 12 Months: $17,886 In -kind. Responsible for assisting with general oversight and direction of program and for training case workers. 35% (700 hours) of $51,104 (annual salary) = $17,886 fin-Kindl EXI Mrr G 25H-264 EXHIBIT 3 Iv. ) Technology/CTV3 Coordinator — Lynn Nguyen (Principal Librarian) : 25% FTE for 12 Months: $20,535.00 In -kind. Responsible for oversight and management of technology aspects of the grant, website and CTV3 television programming. v.) Library Operations Manager — Heather Folmar (Library Operations Manager):15% FTE for 12 Months: $15,276.00 In -Kind. Responsible for supervising library operations in relation to this grant. v.) Support Staff/ Tutor/Mentors 1.) Clerical Support Staff —Clerk (TBD): 45% FTE for 12 Months: $7,705.05 WIOA (75% OSY = $5778 WIOA Funds) Assist in document management, recruitment, eligibility determination, payroll of staff, assist with overall operations, and inquiries and information technology courses. 4.) Out -of -School Youth Tutors/Mentors: 85% FTE for 12 Months: $24,429.00 In -Kind. One-on-one mentoring and tutoring of out -of -school youth, and coordination and instruction of several workshop/ MOOC components. 5.) In -School Youth Tutor/Mentors: 40% FTE for 12 Months: $9,688 In -Kind One-on-one mentoring and tutoring of in -school youth, and coordination and instruction of several workshop/ MOOC components. 6.) MOOC's coordinator — Saidy Valdez (Librarian): 35% FTE for 12 Months: $19,950 In -Kind. Responsible for management of all MOOC based training elements of program, will mentor several out -of -school youth. 7.) Garfield Site Coordinator— David Lopez (Librarian): 30% FTE for 12 Months: $17,100 In -Kind. Responsible for management college credit course based training components located at Garfield and video production workshops, 8.) Graphic Design/ Website Design Course Coordinator — (Librarian):15% FTE for 12 Months: $8,550 In -Kind: Responsible for development of intro to graphic design/ website design training components. 2. Personnel Benefits a. List each individual position dedicated to this project and describe the type of benefits and the cost of each benefit for that staff. i.)Lead Case Managers—TBD (3 Library Assistants): 0.08% benefits of $ 36,119 WIOA salary: $ $2,889.52 WIOA Funds for Benefits (75% OSY = $2167.5 WIOA Funds) Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) ii.) Program Director — Cheryl A. Eberly (Youth Service Supervisor): 31.09% benefits of $9,000 salary: $2,799 In -Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) EXI rr G 25H-265 EXHIBIT 3 ii.) Assistant Program Director — Lyzbeth Beltran (Assistant Librarian): 31.09% benefits of $17,886 salary: $ 5,5601n-Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) Ill.) Technology/CTV3 Coordinator— Lynn Nguyen (Principal Librarian) :31.09% benefits of $20,535.00: $6,366 In -kind for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) Iv.) Library Operations Manager— Heather Folmar (Library Operations Manager): 31.09% benefits of $15,276.00: $4,736 In -Kind for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) v.) Support Staff/ Tutor/Mentors 1.) Clerical Support Staff— Cleric (TBD): 8.16% benefits of $7,705.05 WIOA: $617 WIOA for Benefits (75% OSY = $462.75 WIOA Funds) Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 4.) Out -of -School Youth Tutors/Mentors: 8.16% benefits of $24,429.00 In -Kind : $1,994 In - Kind for Benefits Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 5.) In -School Youth Tutor/Mentors: 8.16% benefits of $9,688 In -Kind (CDBG) : $7911n-Kind for Benefits Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 6.) MOOC's coordinator — TBD (Librarian): 31.09% benefits of $19,950 In -Kind: $6,185 In Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 7.) Garfield Site Coordinator— David Lopez (Librarian): 31.09% benefits of $17,100 In -Kind: $5,301 In Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 8.) Graphic Design/ Website Design Course Coordinator— (Librarian): 31.09% of $8,550 in - Kind: $2,651 for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 3. Indirect Cost E.NMIT G 25H-266 EXHIBIT 3 a. Indicate the rate for the indirect cost and what The rate of 6.06% was used to calculate Indirect Cost using salary of part-time WIOA funded staff w/out benefits base of $43,824.05 (WIOA funded personnel) _ $2 655.74 WIOA Funds (75% OSY = $1991.80 WIOA Funds) 4. Participant Work Experience Waaes a. Briefly describe or refer to Work Experience policy, number of youth, and cost. A. PARTICIPANT WAGES: All youth will participate in a 44 week long combination paid Work Experience training and Internship/externship program. $63,480 WIOA Funds / ($ 59,616 OSY ) 1. Track 1: Out —of -School Youth: Microsoft Office Applications certifications and Intermediate Digital Media Apprenticeships (12 participants X 450 hrs X $11.04 hr = $ 59,616): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production : 40 hours, One-on-one Educational Counseling: 3 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 93 hours, Civic Engagement/volunteer projects: 30 hours Work -Experience Internship/ Externships:200 hours. 2. Track 2: In -School Youth: Microsoft Office Applications certifications and Beginning Digital Media Apprenticeships (3 participants X 200 X $11.04 hr = $ 6,624 ($ 3864 WIOA/$ 2760 in -kind): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production : 16 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 30 hours, Civic Engagement/Volunteer projects: 20 hours, Work Experience Internship/ Externships: 50 hours Participant Benefits: Benefits for the Paid Work Experience Training and Internship/ Externship Program are based on a percentage of the participant's wages as follows: Deferred Comp (-3.75%), Medicare (-1.45%), Workers Comp (2.96%) = 8.16%x $67,100 = $5,179.97 for benefits (OSY = $4,459.28) B. Santa Ana College Course Technical Training Partnership: Charge is the contract amount to be charged by Santa Ana College to provide the Counselling, Intermediate Digital Media Courses and Business Courses and Counselling services Year 1 (2016-2017) Santa Ana College Seeds To Trees College Training program = $6,951.17In-Kind Funds ,""AN SL:� Isr4gtorCosis�y3 r�` k BOOS.. c H STDY SKILLS 091: 1 unit (LHE) x 18 hrs/semester @ $65.73/hour = $1,183.14 $1,242.36 EXHIBIT G 25H-267 EXHIBIT 3 CNSL100: 2 units (LHE) x 18 hrs/semester @$65.73/hour = $2,366.28 $2,484.72 Total Salary = $3,548.42 $3,727.08 Benefits, estimated at $13.78% = $490.00 $746.93 Counseling hours = $56/hr x Mrs per youth x 15 youth $2,477.16 TOTAL YEAR 1 (2015-2016) * * Budget line Items may be adjusted to meet specific program needs but overall total will not be exceeded. $6,951.17 S. Supportive Services = $2,500 In- Kind a. Briefly describe or refer to Supportive Service policy, number of youth that will receive supportive service, maximum dollar amount per youth, and most common types of supportive service. Books for the college courses will be purchased for youth = $2,500 In -Kind Costs 6. Youth Conference = $1.800 a. Identify the type of conference, cost, and number of youth that will attend the conference. CWA Conference cost for 4 youth interns (4x $250 )= $1000 and CWA Conference cost for 2 adult mentors (2 x $400) = $800 7. At the end of the narrative please explain the pertinent documents/forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, record logs etc.). Please refer to fftaGlttn ertJ for all pertinent documents/forms that will be used to track work experience and training. 2018-2019 WIOA Funds Allocation for Out -Of -School Youth = $ 96,596.58 (80.4%) (Out -of -School WEX allocation = $59,107.28) Note: Audit Requirements States, local governments and non-profit institutions who spend $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local Governments and Non -Profit Institutions." EXIisIBIT G 25H-268 EXHIBIT 3 Assurances & Certifications Selected providers will be required to "sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each.itembelow. If cannot, this proposal will be automatically rejected. Please initial each box. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or -as the owner of this agency or business to submit this proposal. ® We are not currently on any Federal, State of California, or local Debarment list. ® We will provide records to show that We are fiscally solvent, if needed, ® We have, or Will have, all.of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ® We have additional funding. sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and.local compliance requirements: These include, but are not limited to; ® Records accurately reflect actual performance. Maintain record confidentiality, as required. ® Reporting financial, participant, and performance data, as required. ® Comply with Stato'am Federal fiscal and program_activity audits, ® Complying with Federal and State non-discrimination provisions. ® Meeting requirements of Section $04 of the Rehabilitation Act of 1971 ® Meeting requirement's of the.American's with Disabilities Act of 1990. (submit completed survey) ® Meeting all applicable labor law, including Child Labor Law standards, ® Agree to provide a. drug free workplace. Z Agree to insure the City of Santa.Ana through General Liability Insurance and Automobile Liability Coverage in the amount of s i,000000.00 policy. ® A'greeto provide all participants with Grievance Procedures. ® Agree to insure proposees employees through Workers Compensation Insurance (including part -tithe employees) ® Procurement policies and procedures are in place and meet federal guidelines. We will not: Z Place a youth in a ppsition that will displace a current employee,, ® Use WIA money to assist, promote, or deter union organizing. ® Use funds to employ or train ofpersons in sectarian activities. ® Use funds for youth in the construction, operation, or maintenance of any pall of a facility to be used for sectarian instruction or religious worship. ® Use WIA funds .for activities that would interfere with or replace. regular academic requirements for eligible youth who are not dropouts. ® Use WIA funds to'carry out programs funded under the School-to-W.ork Opportunities Act of 1994 unless the prograrn(s) are only for youth eligible to participate under WIA. ® Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above 16"44 Gerardo Mouet ExeoutiveDireetor 51$!1a line L-XHIBIT11 25H-269 EXHIBIT 3 City of Santa Ana Public Library Self -Insured EXHIBIT I 25H-270 EXHIBIT 3 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. -_This insurance applies -separately. to each insured -against -whom claim is -- made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced 'in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized R presentative [Type text] EXHIBIT I [Type text] 25H-271 25H-272 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH COMMUNITY SENIORSERV INC. FOR SENIOR MEALS PROGRAMS (STRATEGIC PLAN NO. 5, 6E) c^" CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO aI11121I1UdTil ]AV Authorize the City Manager and Clerk of the Council to execute an agreement with Community SeniorServ, Inc. for Senior Meals Programs in the amount of $90,290 for the period from the effective date of the agreement through June 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. Community SeniorServ, Inc. provides two programs; Meals on Wheels and Senior Lunch. The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. Approximately 22,000 deliveries are made per year. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and/or visits from case workers who regularly check on their well-being. The Senior Lunch Program will be offered at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) to help alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. Approximately 20,000 lunches are served per year. This nutrition program seeks to enhance the physical and mental well-being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation -based meals. 251-1 Agreement with Community SeniorServ, Inc. for Senior Meals Program June 19, 2018 Page 2 The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on Food and Drug Administration (FDA) guidelines. As part of the fiscal year 2018/2019 budget process, $90,290 in general fund monies was proposed to be included in the Parks, Recreation and Community Services Agency's account to have Community SeniorServ, Inc. provide these programs to Santa Ana residents. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy E (Expand Senior Center programming to provide greater enrichment and explore activities in art, culture and health). FISCAL IMPACT Funds will be budgeted in the following account for the specified year: Accountina Unit iLdl Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement FY 18/19 ,290 APPROVED AS TO FUNDS AND ACCOUNT: �da111� � � �. � . X w •a Francisco Gutierrez Executive Director TW Finance and Management Services Agency 251-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC. FOR THE PROVISION OF HOME DELIVERED MEALS PROGRAM SERVICES THIS AGREEMENT is hereby made and entered into this 19`b day of June, 2018, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Community SeniorServ, Inc:, a California nonprofit corporation ("Provider"). RECITALS A. The City desires to retain Provider to participate in delivering meals to the homes of senior citizens and providing Congregate Meals Program at senior centers in the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider 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 Provider shall deliver meals to the homes of senior citizens and provide Congregate Meals Program at certain senior centers in the City as set forth in the Exhibit A and incorporated by reference to this Agreement. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services, the sum of $90,290.00. The total sum to be expended under this Agreement shall not exceed this amount during the term of this Agreement. b. City will be invoiced by Consultant on a quarterly basis. Payment will be made within forty-five (45) days of the date of the invoice. 3. TERM The term of this Agreement shall commence on the date first written above and terminate on June 30, 2019, unless terminated earlier in accordance with Section 13, below. Page 1 of 8 251-3 4. INDEPENDENT CONTRACTOR Provider 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 Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider 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 Provider's negligent 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 and $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 insured 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 California State law, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Provider 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 Provider pursuant to this section: Page 2 of 8 251-4 (i) Provider 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. (iv) Provider shall supply City with fully executed additional insured endorsement. f. If Provider 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 terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider 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 Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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 Provider 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 Provider 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 Provider's services are subject to Civil Code §2782.8, the above indemnity shall be limited, to the extent required by Civil Code §2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Provider. Page 3 of 8 251-5 7. RECORDS Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement. All such records and invoices shall be clearly identifiable. Provider shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Provider under this Agreement. 8. CONFIDENTIALITY If Provider received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider and disclosed without.an obligation of confidentiality; •(d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Provider covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Page 4 of 8 251-6 Santa Ana, California 92702-1988 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Community SeniorServ, Inc. 1200 N. ICnollwood Circle Anaheim, CA 92801 Fax (714) 220-1374 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider 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, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parries agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Provider 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 parties which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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 Providers retained by City. Page 5 of 8 251-7 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Provider. a, As a condition of such payment, the City may require Provider to deliver to the City all the work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Provider consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON DISCRIMINATION Provider 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 any activities under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Provider 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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Provider shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. BACKGROUND CHECKS Consultant represents and warrants that it has engaged an independent entity to conduct a background check of all employees, agents, independent contractors, volunteers, or other individuals that provides services to senior citizens in their homes pursuant to this Agreement. The background check shall include at a minimum a state and county criminal history Page 6 of 8 251-8 investigation where such individual resides and a search of the national and California state sex offender registries. Proof of the background check required under this section shall be provided to City upon request. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager COMMUNITY SENIORSERV, INC. By: Name: Title: Page 7 of 8 251-9 EXHIBIT A Community SeniorSery Inc. 1200 N. Knollwood Circle Anaheim, CA 92801 For Fiscal Year 18-19 To provide meals to Santa Ana older adults through the Meals on Wheels and Congregate Lunch Meals programs. Home Delivered Meal Program: Participants in the Home Delivered Meals program will receive a total of 3 nutritious meals daily for 5 days a week (Monday -Friday) delivered to their home and case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case management services will be provided by CSS Case Managers, Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Last year, the program served an average of 85 seniors per week at a cost of $1.56 per meal. Congregate Lunch Meals Program: Last year, the program provided meals to an average of 78 seniors, Monday -Friday at a cost of $2.02 per meal. Participants in the Congregate Lunch program will be provided with a nutritional lunch five days a week at 2 sites in Santa Ana: Southwest Senior Center Santa Ana Senior Center Consultant will work with City staff in the Parks, Recreation and Community Services Agency to work out the details of the services on a weekly basis. Page 8 of 8 251-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AN AGREEMENT WITH ❑ As Recommended MARIPOSA LANDSCAPE INC. FOR ❑ Amended LANDSCAPE SERVICES AT PACIFIC ❑ Ordinance on Reading El20 Ordinance on tl Reading ELECTRIC PARK AND ROOSEVELT- ❑ Implementing Resolution WALKER COMMUNITY CENTER ❑ Set Public Hearing For {STRATEGIC PLAN NO. 6, 113} CONTINUED TO FILE NUMBER CITY 4NAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Mariposa Landscape, Inc. to provide landscape maintenance services at Pacific Electric Park and Roosevelt -Walker Community Center for an amount not to exceed $17,668, which includes a ten percent contingency, for a term from July 1, 2018 through January 31, 2019, with two, one-year renewal options for amounts not to exceed $32,601 and $34,644, respectively, which include a ten percent contingency, for a total agreement amount of $84,913, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) maintains the parks within the City. On April 5, 2018, PRCSA issued a Request for Proposal (RFP) for the landscape maintenance of Pacific Electric Park and Roosevelt -Walker Community Center. The Agency received three proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA Park Maintenance and one from PRCSA Civic Center Maintenance reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm/team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows Company Score Ranking Mariposa Landscape 228 1 DIMS Facility Services 224 2 Priority Landscape Services 188 3 25J-1 Agreement with Mariposa Landscape, Inc. June 19, 2018 Page 2 The City proposes to enter into a seven -month agreement with Mariposa Landscape, Inc with two, one-year renewal options, for landscape maintenance services. The seven -month period will allow the term to expire on the same cycle as other landscape maintenance agreements. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds will be budgeted in the following account for the specified year of the initial term: Unit FY 18/19 no.01113250-62320) $17,668 Funds will be budgeted in the following account for the specified years of the two, one-year renewal terms: Unit PRCSA-Park Maintenance (no. 01113250-62320) Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement FY 18/19 FY19/20 FY20/21 $13,584 $33,452 $20,209 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director _ Finance and Management Services Agency 25J-2 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR PACIFIC ELECTRIC PARK AND ROOSEVELT WALKER CENTER THIS AGREEMENT is made and entered into this 19th day of June, 2018 by and between Mariposa Landscape, Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On April 5, 2018, the City issued Request for Proposal ("RFP") No. 18-030, by which it sought proposals from qualified firms for landscape maintenance services for Pacific Electric Park and Roosevelt Walker Center. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional fine in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the landscape and maintenances services for Pacific Electric Park and Roosevelt Walker Center as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $84,911.13; For the initial term of the Agreement, as defined in Section 3, the total amount to be expended shall not exceed $17,667.03. The amount for the initial term is $16,060.94 and (2) a 10% contingency of up to $1,606.09 for services as may be performed by Contractor at the sole discretion of City. Page 1 of 11 25J-3 b. For the first extension period exercised per Section 3 of this Agreement, the total yearly amount to be expended shall not exceed $32,600.70. This amount is comprised of $29,637 and a 10% contingency of up to $2,963.70 for services as may be performed by Contractor at sole discretion of the City. C. For the second extension period exercised per Section 3 of this Agreement, the total yearly amount to be expended shall not exceed $34,643.40. This amount is comprised of $31,494 and a 10% contingency of up to $3,149.40 for services as may be performed by Contractor at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.- 3. TERM This Agreement shall commence on July 1, 2018 and terminate on January31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data!). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any Page 2 of 11 25J-4 and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance 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. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,00.0,000 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 Page 3 of 11 25J-5 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 Contractor, 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 fumish 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. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' Page 4ofII 25J-6 letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for aperiod of three (3) years from the date of final payment to Contractor under this Agreement. 10. 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 infonnation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. 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. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 11 25J-7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: [rCl Gerardo Monet Executive Director, 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 714-647-4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Mariposa Landscape, Inc. 6232 Santos Diaz Street Irwindale, California 91702 Fax 626-960-8477 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 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 Page 6of11 25J-8 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 anyterms or conditions of anypurchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. FC�RXyCey►K f�Q Y 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. 15. TERAHNATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: EL. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCREVENATION 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. 17. 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 Page 7 of 11 25J-9 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. 18. 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. 19. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services beingperformed are part of an applicable `public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 20. 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 CITY OF SANTA ANA RAUL GODINEZ,11. City Manager Page 8 of 11 25J-10 APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney By<-?—G-ArtQ, A, Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency MARIPOSA LANDSCAPE, INC. TerryNoriega President Page 9 of 11 25J-11 EXHIBIT A SCOPE OF SERVICES 25J-12 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICE RFP NO.:1S-030 Description of Work ROUTINE MAINTENANCE Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Attachment 3-6 and per the City of Santa Ana Park Services Standards (see Attachment 6). 1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction. 1.1 Casual Turf Mowing -All "casual" turf (non -priority turf) shall be mowed every other week. The Contractor may use rotary mowers to mow casual turf. The City prefers that the Contractor use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69"rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. String trimmers are not allowed for mowing turf. 1.2 Edging and Detailing Edging/detailing of the entire site shall be performed at the same time mowing occurs. The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf City of Santa Ana f3FP 18-030 Page 10 25J-13 adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging/detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle, Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process, Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than I" away from park amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls/fences that are greater than 1". 2.0 Irrigation 2.1 Contractor shall ensure irrigation systems are continually monitored and repaired in a timely manner and per the Director's Representatives direction. The Contractor shall visually check all sites each morning and physically check each sites systems monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7) water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure/repair deficiencies. 2.2 When an irrigation system does not adequately provide water to the priority turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall direct their staff to immediately provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate priority turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. Failure to maintain priority turf in a green and healthy condition will result in deductions from the monthly invoice. 2.3 Irrigation System Maintenance 2.3.1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City of Santa Ana Park Services' specifications and details. Repairs to irrigation heads shall be City of Santa Ana RFP 18.030 Page 11 25J-14 with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. All other repairs, RCV to meter, shall be repaired and shall be "tagged" using the City of Santa Ana Park Services "tagging" system noting the Company and Irrigation Tech that performed the repair, the date of the repair and the Contractor's and Irrigation Technicians contact information. All repairs shall be warrantied for two years from the date of the approved repair. All head and lateral lines shall be repaired within five days of discovery of malfunction/repairs needed. All other irrigation repairs shall be performed immediately following approval of the work. The Director's Representative shall impose penalties for failure to respond and/or hire a Certified Irrigation Technician to remedy the system. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 2.3.2 Repairs -The Contractor shall be responsible at his own expense for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The City will be responsible for the cost of materials from ,fhe valve to the water meter. The Contractor shall submit proposals to the Director's Representative for extra work to repair/improve the irrigation system from the RCV to the meter. 3.0 Groundcover Care 3.1 The Contractor shall service ground cover/shrub beds on a bi-weekly basis. These areas shall be maintained within their intended bounds and edged and/or detailed to keep the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub/Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as City of Santa Ana RFP 18-030 Page 12 25J-15 set designated by the Director. "Box hedged" plants will be. required to have all three sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including bait not limited to lack of water, vandalism, accidental post emergent spraying, etc. Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one-time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 5.0 Tree Care The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications (PSTSS) up to a height of 15'. 5.1 Tree Service The Contractor shall perform continuous `Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). In addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is `Complete' pruned as set forth in the PSTSS (see Attachment 5). In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and City of Santa Ana RFP 18.030 Page 13 25J-16 shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 801bs. or less. 5.2 Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation, The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 5.3 Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate the trees and provide a written report listing findings and recommendations. 5.4 Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous Tree Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. City of Santa Ana RFP 18-030 Page 14 25J-17 6.0 Playground/Tot-Lot and Fitness Areas 6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris, sand/wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re - grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 General Maintenance and Clean -Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick-up trash/debris and to empty/clean trash receptacles daily. Daily Maintenance 8.1 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc.) on the ground or in trash receptacles shall be blown-off/removed from all worksites landscaped and paved areas each day Monday through Sunday before 12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc, The Contractor shall not blow broken glass or any other potentially hazardous materials into landscape areas. Trash shall consist of all items 801bs. or less. All trash receptacles and lids shall be wiped clean with a germicidal product. Picnic shelters, drinking fountains, picnic shelter concrete pads, trash receptacles, concrete or asphalt areas with stains around trash receptacles, park security lights, park benches, walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport concession areas/patios/perimeter areas and ball diamond bleachers and the pavement beneath them and other park amenities shall be washed/cleaned daily. 8.2 The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 8.3 After heavy windstorms or other inclement weather that impacts sites under this agreement, die Contractor shall bring in extra staff to clean all parks areas within two (2) days at no City of Santa Ana RFP 18-030 Page 15 25J-18 cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 8.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris, dirt, glass, weeds, leaves, etc. at all times. 8.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 8.6 Non -pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once per week. 8.6.1 The Contractor shall hire a sub -contractor specializing in parking lot cleaning to clean the roadway and parking lots at Centennial Park. The work shall be performed by the sub -contractor in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the sub -contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 8.7 Vacuums, blowers, sweepers, shovels or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked tip/removed from the site. All non -pedestrian pavement, curb top/bottom, gutters, etc. shall be thoroughly cleaned. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand, soil and trash. The City shall approve any equipment that is to be used for cleaning parking lots. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree/plant material) that creates a safety hazard shall be picked up daily. 8.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios, pool decks, playground equipment, and pedestrian paved areas free of debris. Slap tags, tape, string, nails, push pins, wire, etc. shall be removed from, but not limited to, picnic tables, park benches, skate park, walls, planters, pool decks, raised curbing, railing, exterior of buildings, light standards, overhead shelters, etc. 8.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the BBQ's and the post with heat and rust resistant flat black paint whenever rust appears. 8.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director's Representative, the flag is not be in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative. 8.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. using any method deemed expedient. The Contractor shall achieve this level of quality using a combination of cleansers, pressure washer, metal polish product, hand City of Santa Ana RFP 18-030 Page 16 25J-19 and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9.0 Other Requirements 9.1 Weed Control Application Agricultural post control services shall be supervised by a state licensed/certified agricultural pest control employee or approved sub -contractor. The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer/name, of the pesticide, the rate(s) of application, the reentry period and the method of application. Furthermore, the Contractor shall copy the email to the Agricultural Commissioner's Office, thereby, notifying their Inspectors of your sub -contractor's or QAUQAC intent to apply pesticides. Furthermore, Contractor's sub -contractor or QAUQAC shall post on A -frame barricades plastic sealed 18"x24" at minimum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be. applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. 9.1.1 Weed Control All hardscape and landscape planting areas (excluding turf areas) shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. The Director's Representative may dispatch City staff or other contractor's to remove/eradicate weeds that reach two (2) inches or greater or when weeds exist in turf areas and are not removed/eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 9.2 Work Not Scheduled The Director's Representative may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 10.0 City Inspection The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 perinspection, City of Santa Ana RFP 18-030 Page 17 25J-20 per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities/duties of determine what work needs to be performed in accordance with the agreement specificattons, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. City of Santa Ana RFP 18-030 Page 18 25J-21 Consultant Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions- 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. City of Santa Ana RFP 18-030 Page 19 25J-22 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3,0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4,0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall; 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 UNDERGROUND ALERT SYSTEMS City of Santa Ana RFP 18-030 Page 20 25J-23 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48- hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee perinit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual/monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of park/facility, location in park/facility, controller letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, annual color) days of week on/off, run times, start times, water budget percent, weekly ET, percent of ET programmed, a detailed description of system deficiencies and schedule of repairs; and, 7) "green waste' recycling report. City of Santa Ana RFP 18-030 Page 21 25J-24 The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible irrigation checks and the providing a monthly written irrigation test report by park/controller/station. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for -by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. City of Santa Ana RFP 18-030 Page 22 25J-25 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS 18.1 The Contractor shall comply with all local sound control and noise level riles, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the City of Santa Ana RFP 18-030 Page 23 25J-26 Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be City of Santa Ana RFP 18-030 Page 24 25J-27 pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion City of Santa Ana RFP 18-030 Page 25 25J-28 of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Sneeial Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 18-030 Page 26 25J-29 ATTACHMENT 4: ADDITIONAL PROVISIONS ___1 1. TERM This Agreement is expected to commence on July 1, 2018 through January 31, 2019 with the option for the City to grant up to two one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 5. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 301bs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely, This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. 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I 1 .. , W 1. f5 .� r l+ �i w r ♦ r 1 5.,1 v Y h M1y�' i n �r I It f 1 - ri. r� *� I� .ice♦ r ! }M1 �C s / �I G �1 ' j1,(1'/ �,'*iTT11'1�'$� �� 5� ••" � II I i=,sYl•`a@� r 1 i� 1 T 1''1 ✓1� 1 ( 'LYi f��%E}'t�^``,•I isY' - ;a 7C�'`' r �` x (". !� 1'�y .�1 I �ni�14j'� 1 ♦_ s• _ _(...r < n. `�;P ��l'?.®::. {G s .4 I , ,t 7 1 ; • ztrLrj r ^ , ;,1 r• FEE SCHEDULE (OR) RATES AND CHARGES 25J-64 I y P � d- N ,y k � n M �IH p q 0 ��Napps Q O O b 0 F e 3 N O7 U y N � ai m � Cw yN 25J-65 ATTACHMENT 3.41 AGREEMENT STATEMENT CITY OF SANTA ANA REQUESTFORPROP.OSALS FOR RFP NO.; I8.030 Proposer understands that the Proposer will enter Into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right 'to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate, Proposer concurs to the statements in the sample agreement, with the exception of the following; Firm Signed and Printed Name; Title Date 01201e City of Santa Ana. RFP 1"30 Page 39 25J-66 i N 0 N r a co v 25J-67 m A W N Y ossoo� a m r L� ro 0 Z A. 9 LL CD 09 N a^ 25J-68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. FOR HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE SANTA ANA CIVIC CENTER (STRATEGIC PLAN NO. 6, 1 B) CITYVAANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $274,656, which includes a 20% contingency, for a term from July 1, 2018 through June 30, 2020, with two, one-year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) maintains the Santa Ana Civic Center as part of the Civic Center Joint Powers Authority with the County of Orange. On February 28, 2018, PRCSA issued a Request for Proposal (RFP) for the hardscape pavement cleaning and infectious waste removal services. The RFP was posted on PlanetBids, where 96 vendors were notified, eight vendors downloaded the RFP and one vendor submitted a proposal. The proposal that was submitted is from the existing vendor that currently provides service in the Civic Center. An evaluation committee consisting of representatives from PRCSA reviewed the proposal and gave it a score of 257 out of a possible 300. Due to the experience of the vendor in working in the area as well as professional working relationship with the City, the evaluation committee made a recommendation to continue with Superior Property Services, Inc. for a new two-year agreement with an option to extend the agreement for two additional one-year terms. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). 25K-1 Agreement with Mariposa Landscape, Inc. June 19, 2018 Page 2 FISCAL IMPACT Funds will be budgeted in the following account for the specified years of the initial term: Accounting Unit FY 18/19 FY 19/20 PRCSA-Civic Center Maintenance (no. 07413250-62320) $274,656 Funds will be budgeted in the following account for the specified years of the two, one-year renewal terms: Accounting Unit PRCSA-Civic Center Maintenance (no. 07413260-62320) Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement FY 20/21 FY21 /22 4,656 $274,656 APPROVED AS TO FUNDS AND ACCOUNT: Francisco utierrez Executive Director Finance and Management Services Agency 25K-2 AGREEMENT WITH SUPERIOR PROPERTY SERVICES TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE SANTA ANA CIVIC CENTER THIS AGREEMENT is made and entered into this 19'h day of June, 2018 by and between Superior Property Services, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 28, 2018, the City issued a Request for Proposal ("RFP") No. 18-021 seeking a contractor to provide hardscape pavement cleaning and infectious waste removal services in the Santa Ana Civic Center which is bordered to the North by Civic Center Drive, to the South by Santa Ana Blvd, to the East by Sycamore Street, and to the West by Shelton Street. B. On March 30, 2018, Contractor submitted a proposal which was selected by the City. Contractor's proposal is incorporated by reference to this Agreement as though full set forth herein. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in revised annual cost sheet attached hereto as Exhibit B. The total amount to be expended during the term of this Agreement, including any optional extension periods, shall not exceed $274,656. The sum of this amount is comprised of the base cost of $228,880 plus a 20% contingency of.$45,776 for services to be performed by the Contractor at the sole discretion of the City, Page 1 of 9 25K-3 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. MYslt70 This Agreement shall commence on July 1, 2018 and continue for a two (2) year term with the option for the City to grant up to two (2) one (I) -year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 9 25K-4 Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, 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 canceled or reduced in coverage or changed in any other material aspect without thirty Page 3 of 9 25K-5 (30) days prior written notice to the City. iv. 'Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. 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 Consultant's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Consultant'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' Ietters patent, trademark, or copyright infringement, including costs, contained in the workproduct or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 9 25K-6 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault-afihe Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. 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. 13. DISCREMNATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 9 25K-7 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt' of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 9 25K-8 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement, 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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. 21. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 9 25K-9 With courtesy copies to: Executive Director, Parks, Recreation and Sonia R. Carvalho 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 Consultant: Superior Property Services, Inc. Attn: Ronald L. Bruneck, President 9129 Perkins St. Pico Rivera, CA 90660 Fax:562-801-9230 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Raul Godinez Il Clerk of the Council City Manager [signatures continued on next page] Page 8 of 9 25K-10 APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: dautQ, A, ct_a�x+n., Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jeannie Jurardo Acting Executive Director Parks, Recreation and Community Services Agency By: (title) Tax Il Page 9 of 9 25K-11 �v SCOPE OF SERVICES 25K-12 Exhibit A Appendix ATTACEINWNT 1 SCOPE.OF. CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE SANTA ANA CIVIC CENTER. RFP NO.:18-021 Description of Work 1. General: The Civic Center Campus boundaries are North -Civic Center Drive, South -Santa Ana Blvd, East - Sycamore Street, West -Shelton Street. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision, except as specified herein, to manage and perform pavement cleaning, infectious waste and potential infectious waste removal services as set forth herein. The contractor will inspect and assess the areas. Depending on the circumstances of the each area the contractor use the appropriate method and follow the steps and procedures needed to properly and safely clean the area per OSHA, Federal, State, County and Locals laws and regulations. 1.1 All hardscape areas shall be cleaned (which shall include high pressure hot water washing), including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, concrete parking lots beneath the Plaza of the Flags and Fountains, terrazzo reflection pool north of the Orange County Courthouse, concrete drive entrance to the Main Library, Plaza of the Sun, Plaza of the Flags, Plaza of the Fountains, City Hall Buildings #20, #22, and #26, Orange County Buildings #10, #11, #12, #14, #30, #36 and 038, east and west mall areas, Orange County Historical Courthouse, and Sasscer Park. 1.2 Hardscape areas shall be cleaned of dirt, stains, gum, oil, tar, and residue to present a high quality appearance following each scheduled visit. 1.3 Accumulated water remaining after the cleaning shall be removed completely so no puddling exists and shall be collected and disposed of in accordance with all Federal, State, County and local laws and regulations. 1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated. 1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but is not limited to, steps, handicap ramps, side entrances, etc. 1.6 The Contractor shall also meet the criteria for cleaning as specified below. Contaminated Water: City of Santa Ana RFP 18-021 Page 11 25K-13 2.1 Only uncontaminated potable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste or sewage related waste may be allowed to flow into the surface drains. Contractor shall comply with all NPDES requirements regarding the containment of discharge into the storm drain system. Frequency of Service: 3.1 All paved areas covered by this contract shall be thoroughly cleaned at frequencies per the specifications. Please refer to Attachment 3-6: Fee Schedule for locations and frequencies. 3.2 The Contractor shall have minimum two (2) employees continuously inspect all areas within the Civic Center for infectious waste and sharps (hypodermic needles) between the hours of 6:30am and 3:00pm Monday through Friday. Any infectious waste (feces, urine, blood, vomit, or other bodily fluids) and/or sharps (hypodermic needles) discovered shall immediately be removed and disposed of per federal, state, county and local laws and regulations. 3.2.1 All Contractor employees involved in the inspection, removal and disposal of infectious waste and sharps will have met all OSHA training requirements, such as but not limited: to annual Bloodborne Pathogens (BBP); annual Aerosol Transmissible Diseases (ATD); annual Respiratory Protection with the mandated annual fit -testing and medical clearance; general HE training such as hand, head, eye body and foot protection; and proper waste disposal including the use of bio-waste bags, labeling requirements, transportation and disposal, and their training shall be up to date. 3.2.2 All Contractor employees involved in the inspection, removal and disposal of infectious waste and sharps shall wear at all times Personal Protection Equipment (PPE's). 3.2.3 All infectious waste and sharps shall be properly removed and legally disposed. 4 Operating Criteria 4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways, patios, boardwalks, quads, esplanades) prior to cleaning operations. If non-bio waste is contaminated with or potentially contaminated with bio-waste then the matter will be treated , contained, removed and disposed of as infectious waste. 4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require the use of tools or utensils that will not spread germs. All cleaning agents or residuals thereof, used in this process must be, completely removed prior to beginning cleaning operations and disposed of with infectious waste 4.3 During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. The contractor will inspect and assess the areas. Depending on the circumstances of the each area the contractor use the appropriate method and follow the steps and procedures needed to properly and safely clean the area per OSHA, Federal, State, County and Locals laws and regulations. City of Santa Ana RFP 18-021 Page 12 25K-14 4.4 Hardscapes shall receive a thorough cleaning according to approved Contractor's schedule. 4.5 At the beginning of cleaning operations, the Contractor shall strategically place approved signage and/or yellow caution tape at appropriate locations to identify to patrons that cleaning is taking place and that the walkways may be slippery and/or temporarily inaccessible. At all times Contractor shall safe guard the public from conditions made unsafe by the Contractor's operations. 4.6 During cleaning operations should the Contractor notice a hazardous condition they shall make the area safe by barricading the area and notifying the Executive Director's representative immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition. 4.7 In the event of hazards originating after or between cleaning frequencies, the Contractor may be requested to respond to the site and remove the hazard. Such requests shall be paid under Additional Work. 4.8 The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause damage to hardscapes, Water pressure will be used when appropriate for the circumstances of the area. The contractor will use the method of cleaning appropriate for the circumstance. 4.9 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be required to remove the materials and produce a thoroughly clean surface. Water pressure will be used when appropriate for the circumstances of the area. The contractor will use the method of cleaning appropriate for the circumstance. 4.10 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain. 4.11 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand -dried immediately after the conclusion of the operation in the immediate area. 4.12 Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed in Contractor's trash containers or otherwise removed from the site. 4.13 All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry. Special Considerations: 5.1 The Plazas of the Flags and Fountains have tar bubbling through the seams in the pavement. The Contractor shall remove the tar in these two areas and clean up any residue that the tar leaves, leaving the pavement clean and unblemished. 5.2 The North Orange County Courthouse reflection pool has a terrazzo finish. In addition to cleaning this pool one (1) time per week the Contractor shall buff the surface to a lustrous shine one (1) time per month using cleaning and buffing products approved by the Director's Representative. City of Santa Ana RFP 18-021 Page 13 25K-15 Personnel 6.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement, The Project Foreman shall return all calls from the Director's Representative within two hours. 6.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director's Representative in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 6.3 Other Personnel Requirements 6.3.1 All pavement cleaning crews will have a minimum of two (2) employees per crew. One (1st) using the pavement cleaning equipment and the second (2"d) employee to serve as a spotter to alert the operator of any safety concern that may be approaching or encroaching into the operators work space. 6.3.2 Legal Residents. The Contractor shall provide only those personnel who are legally entitled to work in the United State to accomplish work and services specified herein. 6.3.3 English Comprehension. All Contractor personnel working on the project shall read and understand the English language to the extent necessary to read and understand operation, safety, health, and security regulations relating to the performance of this Agreement, including the following: 6.3.3.1 Any necessary instructions concerning equipment to the extent that performing the employee's duties requires the employee to operate, maintain, repair, or in some way interact with the equipment. 6.3.3.2 Any regulations, directives, or policies that he must know in order to accomplish the work on the project as a Contractor employee. 6.4 Contractor Employee Skills Required, The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 6.5 Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled. City of Santa Ana RFP 18-021 Page 14 25K-16 6.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 6.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 7 Director's Authority 7.1 The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered -to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accepdreject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 7.2 The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 7.3 The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. 8 Other Requirements City of Santa Ana RFP 18-021 Page 15 25K-17 8.1 Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review/approval by City. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 8.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include areas to be cleaned, days of the week, times and what person/crew will be performing specific work in accordance with the specification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. 8.3 Vehicle Passes, The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. 8.4 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. Contractor Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions- 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pavement Cleaning" shall mean the practice of removing foreign materials from paved and/or other hard surfaces. 1.1.4 "Infectious materials" shall mean any fluid and/or instrument used to inject or withdraw bodily fluids. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, etc. 1.2 Scheduling of Work -The Contractor shall provide specific pavement cleaning and infectious waste removal/disposal maintenance between the hours of 6:30 a.m. and 3:00 p.m., Monday through Friday. The Contractor shall provide other pavement cleaning maintenance during hours approved by the Director's Representative. The schedule may be modified only with the Director's Representative consent. Maintenance operations that generate excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Services Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. City of Santa Ana RFP 18-021 Page 16 25K-18 1.3 Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m, with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work - Damage or malfunction to property, including but not limited to, physical property, equipment, and materials, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of the Director's Representative that one of the above occurred in order to be excused from performing under the Agreement 1.5 Extra Work — Work that is requested from the Director's Representative that is outside of the scope of work shall be considered "extra." Upon request, the Contractor shall submit an Authorization for Extra Work (AEW) proposal (on the City's form) for consideration. Following the Director's review and written approval on the AEW form, the Contractor shall be approved for work to commence. The City shall not be liable to pay for work performed by the Contractor without written approval by the Director's Representative. All materials used during the performance of extra work by the Contractor shall be charged to the City at a rate of 10% above the Contractors resale (contractor's price). 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS City of Santa Ana RFP 18-021 Page 17 25K-19 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood home pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY REQUIREMENTS 4.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 4.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, California MUTCD safety mandates on traffic closure, excavation/trenching/shoring, confined space, blood home pathogens, hazardous waste identification and transport and pesticide use and reporting. 4.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from die delay. 4.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan. 5.0 SAFETY NOTIFICATION 5.1 If Contractor identifies a potential safety issue, Contractor shall: 5.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 5.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. City of Santa Ana RFP 18-021 Page 18 25K-20 6.0 UNDERGROUND ALERT SYSTEMS 6.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 hours in advance prior to any excavation work. 7.0 PROPERTY DAMAGE 7.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 8.0 ACCESS TO PRIVATE PROPERTY 8.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 9.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 9.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's `Policy for Driving on Park Property" (See Attachment 4). 10.0 TRAFFIC CONTROL 10.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 11.0 MONTHLY REPORTS 11.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) a detailed description of area deficiencies; and, 6) a record of legal disposal of infectious waste materials. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. City of Santa Ana RFP 18-021 Page 19 25K-21 Failure to submit a report by the fast of each month shall result in a fine of $100.00 per day for each report submitted late, 12.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 12.1 The City shall be responsible for providing water for the Contractor to perform pavement cleaning and infectious waste removal/disposal services. The Contractor shall be responsible for conserving water when and wherever possible. 13.0 SPECIFICATIONS INTERPRETATION 13.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations. 14.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 14.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to Civic Center facilities, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 14.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 14.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations, Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 15.0 SUBSTITUTIONS 15.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 16.0 CERTIFICATION & APPLICATION OF MATERIALS 16.1 All materials shall be delivered on the site in original containers. Materials. shall be subject to inspection by the Director's Representative. The Director's Representative City of Santa Ana RFP 18-021 Page 20 25K-22 will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 16.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 17.0 CONTRACTOR NEGLECT 17.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 18.0 CONSTRUCTION EQUIPMENT 18.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 19.0 SOUND CONTROL REQUIREMENTS 19.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 20.0 INQUIRIES AND COMPLAINTS 20.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of City of Santa Ana RFP 18-021 Page 21 25K-23 the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 21.0 NOTIFICATION OF LOCATIONS OF WORI{ 21.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 22.0 WORKFORCE 22.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 23.0 MATERIALS 23.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative. Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 23.1.1 The materials and chemicals utilized in furtherance of this Agreement shall City of Santa Ana RFP 18-021 Page 22 25K-24 comply with the following standards: All chemicals proposed to be used during this agreement shall have the manufacturer's original labels on the containers. Prior to the use of any chemical, the Contractor shall provide the Director's Representative the SDS sheet for their review and written approval. Al chemicals shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 23.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity, 24.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be. considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. City of Santa Ana RFP 18-021 Page 23 25K-25 The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work, When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfrllrnent of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RPP 16-021 Page 24 25K-26 ATTACHMENT 4: ADDITIONAL PROVISIONS 1-The Proposer is responsible for providing the appropriate DIR classifications. Based on the scope, the City has identified two classifications although 1 of the classifications would include 3 groups. Once again, the proposer is responsible for providing the appropriate DIR classification, the classifications below are subject to verification by the Proposer. https://www.dir. ca. govlopr112017-21PWD/Determinations/Southern/SC-023-102-2.pdf Laborer -Group 1 (Laborer, General Cleanup) Laborer -Group 4 (Sandblaster (Nozzleman), Water Blasting, Port Shot -Blast) Laborer -Group 5 (Toxic Waste Removal) and httt)s://www.dir.ca.gov/opr]/Xwappwa eg /wage/17213687.pdf?VarWage1d=17230687 Terrazzo Finisher 3-The following sites should be performed during the day time: Building #10 (Site A) East & West Malls (site C) Santa Ana Library (Site D) City Hall (site E) Plaza of the Sun (site F) Plaza of the Flags (site G) Plaza of the Fountains (site H) The follow sites may be performed during the night time: All other areas 4-A copy of the street sweeping schedule can be found at the following website: 5-A complete listing of areas and square footage is not available. Essentially is it all paved public right of way areas within the Civic Center Boundaries, unless specifically excluded. 25K-27 �\ KIM \ *r .+\P ., ■� 'f�. y . / _{f ;f�, �k •' itz � } ' as ` ' :". �V iN V' �n n.�I: �♦4�3� M 1 F �,�: ass.;� ;. •,�� _ y a J t ' r/.•.''.1 �� r4e y::.,�?'Ir �;?`�'K _ v�+I J%K'-ay It i � .. ./'.i �..n r y. t•W�' r t .t K' cmCCARIMUSAP l Al a dt�! rn 4 T a� 5 ' f i"� 4 yL + r•Y� 11 � al " l / 6ryNall a`Sa t NM04H _l i 11dJ.�1 .f l- r 'Yrn s4 i 25K-33 25K-34 25K-35 25K-36 Includes sidewalk on west and month dda of hondry 25K-37 0 OW tic %% 7: .A,� L9 `f � , ,. R ` I Indndes sidewalk on east dde ofbotadr 25K-39 COMPENSATION Fee Proposal including hourly rates if applicable 25K-40 8 g 8 o 8 o 0 g o a S g S g o o 8 0 8 0 0 8 0 8 0 o 8 g m m ry R o 00 4 N N V1 N N N N N N N N N N N N N N N Vf 00 8 O SO Q p O Op O 8 pp O ppO O pO O O ci n O O O 8p p pO 00 p O O O pO O pO O RO $ p O Opp O G V B YNf MO.1 Q < h fV e01 f`i N IVVf e4 O V M f0`! H O] C W < N I` „ O „ O b O V7 O $ O all ryp QC O N N N N N N N N N N N N N N N N N N 69 �og Y F a G ® c 'J p s y o 3y s „„ q sp n pg a pg p V � p L � N V � � fl � 'a � � p � � 4 �• C W P yp U y yp _ @ S! p a i a = 33y V �a dT �� r� r9 U � � � ��-y�G�•$ r� g aE�e��"�u ci O 6 m � ❑ m w � m k .� � z o a O' a 25K-41 25K-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: APPROVE AN AGREEMENT WITH OCCU-MED, LTD. FOR MEDICAL SERVICES FOR CITY EMPLOYEES AND PRE -EMPLOYMENT ASSESSMENTS (STRATEGIC PLAN NO. 7, 5E) CITY M N GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of Council to execute an agreement with Occu-Med Ltd., subject to non -substantive changes approved by the City Manager and City Attorney, to provide comprehensive medical services to City employees and pre -employment assessments for prospective employees for the period of July 1, 2018 through June 30, 2019, in the amount not to exceed $115,000. DISCUSSION Since June 1, 2015, the City has contracted with Occu-Med Ltd. to provide the following medical services: • Pre -employment medical examinations and screenings • Post -exposure medical examinations and screenings • Fitness for duty examinations • Department of Motor Vehicle (DMV) Driver's License physical examinations • Certain Department of Transportation (DOT) related drug and alcohol examinations and screenings; • California OSHA (Occupational Safety and Health Act) occupational testing such as periodic evaluation of respiratory, audio, and chest functions as well as Hepatitis vaccinations and boosters, as needed. The current agreement expires on June 30, 2018. Staff is recommending that the City enter into a one-year agreement with Occu-Med Ltd. to continue comprehensive medical services to City employees and pre -employment employees per the attached agreement. During this time, the City will conduct a Request for Proposal (RFP) for such services. 25L-1 Approve an Agreement with Occu-Med, Ltd. June 19, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of item allows the City to meet Goal #7 -Team Santa Ana, Objective #5, (Create a culture of innovation and efficiency within the organization), Strategy E, (Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community.) FISCAL IMPACT Funds are budgeted and available in the various departmental Contractual Services - Professional accounts (no. 62300). The estimated amount of expenditures in FY 2018-2019 is $115,000. Human Resources Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez - Executive Director�"� Finance and Management Services Agency Exhibit: 1. Agreement between the City and Occu-Med Ltd. 25L-2 AGREEMENT WITH OCCU-MED TO PROVIDE MEDICAL SERVICES THIS AGREEMENT is made and entered into this 19' day of June, 2018 by and between Occu-Med, Ltd., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill special skill, knowledge and expertise in the field of providing a fully comprehensive and legally defensible medical services review program including, but not limited to: pre -employment assessments, drug tests, fitness for duty exams, and medical review officer. B. Consultant represents that Consultant is able and willing to provide such services to the City. Consultant has been providing these services to the City since 2015. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall organize, schedule, manage, and/or evaluate a comprehensive range of medical services and examinations, as set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $100,000. a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2018 for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise Page 1 of 7 25L-3 discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 2 of 7 25L-4 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 7 25L-5 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. L' 9 o[K1111 Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant shall abide by all appreciable medical privacy laws including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA"). 11. 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. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 4 of 7 25L-6 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 Page 5 of 7 25L-7 with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Pham Executive Director, Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6930 To Consultant: Occu-Med Attn: Christopher St. George 2121 West Bullard Avenue Fresno, CA 93711 Fax:559-435-7200 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 25L-8 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 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. 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: ci C""0' F _ Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Pham, Executive Director, Human Resource CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Title: Page 7 of 7 25L-9 EXHIBIT A SCOPE OF SERVICES 25L-10 Exhibit A City of Santa Ana Response to Request for Updated Scope of Work Submitted by: r OCCU-MED May 31, 2018 Corporate HQ - 2121 West Bullard Avenue, Fresno, CA 93711 TAX ID: #522333519 CA Corporate: #C2472806 559.435.7200 - Fax Contact: Chris St. George 559.435.2800 x207 - Telephone cstgeorge@occu-med.com www.occu-med.com 25L-11 City of Santa Ana Response to Request for Updated Scope of Work f 5/31/18 Table of Contents Page Number Company Identification COVER PAGE Organizational and Credentials Qualifications and Experience of Key Personnel Scope of Services (Technical Proposal) Work Plan Billing/Reporting 15 2 1 Occu-Med 25L-12 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 I. Organizational and Credentials Occu-Med's founder (now President and CEO of the company) directed a project (which eventually expended more than $2 million in cash and in -kind contributions) funded by the United States Civil Service Commission in 1976 "to develop and implement an improved system of physical and medical standards and procedures for employment." The goals of this project were: a) to ensure workers were able to safely perform the essential function of their jobs, b) reduce the costs associated with worker injuries, and c) protecting the rights of the disabled by developing a medically appropriate and legally defensible methodology for determining what medical conditions, injuries or illnesses allowed for reasonable accommodation. The Director of this project, Jim Johnson, having spent his previous two years at the County Supervisors' Association of California ("CSAC") as, among other assignments, staff to the statewide association of District Personnel Administrators, obtained a secondary grant to expand this project to include the entire state of California and to form an Advisory Group of representatives from more than thirty Counties, several Cities and various state and federal agencies enforcing the newly enacted legislation protecting the employment rights of the handicapped. Based on the original research conducted then, Occu-Med's methodology for managing employment medical evaluations was born. Occu-Med has gained a thorough understanding of employment laws and regulations over its 35 years of providing these services, and we know the importance of having a complete understanding of the physical and environmental factors that the employee will face in the workplace before a placement recommendation is made. Occu-Med has both legal and medical staff, and, because we thoroughly understand medicine, the law and the requirements of the job in question, we are able to confidently permit placement of applicants and employees who are able to safely perform the essential duties of the job with or without reasonable accommodation and are able to recommend (just as confidently) the disqualification of individuals who are unable to safely perform the essential duties of the job (again, with or without reasonable accommodation). For example, as part of our services we track, monitor and opine on updates to the Occupational Health and Safety Administration (OSHA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Health Insurance Portability and Accountability Act (HIPAA), the California Fair Employment and Housing Act (FEHA), Peace Officer Standards and Training (POST) Guidelines and National Fire Protection Associated Guidelines (NFPA) 1582 which sometimes go unnoticed by Risk Managers and ESH&S personnel, yet it is the employer who will be left to pay the bill should an applicant be tested inappropriately during a pre -placement medical exam. And just as importantly we ensure the quality of each clinic, provider, and laboratory in our medical network including: Joint Commission, State Medical Board and SAMHSA accreditation. We believe it is 3 1 Occu-Med 25L-13 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 incumbent upon Occu-Med to remain an authority in the relevant legal changes within which such employment decisions must be made. We have received numerous testimonies from our clients regarding the quality of our service. Occu-Med is open Monday -Friday 7am-6pm PT. Occu-Med maintains multiple offices throughout the United States including one in Denver, CO, Fort Worth, TX and Washington DC. Between the four (4) offices we maintain an average staff of approximately 60 employees. Correspondence regarding our or updated Scope of Work can be directed to Christopher St. George at either address listed on our cover page or by phone at: 559.435.2800 x207. Qualifications and Experience of Key Personnel/Staffing Occu-Med's Medical Director is Devonna M. Kaji M.D. Dr. Kaji graduated Magna Cum Laude from the University of California, Berkeley and the University of Hawaii, John A. Burns School of Medicine. She received her surgery training at the University of Southern California and is a Board Certified Urologist. She has served as Professor of Urology and Assistant Chief of the Department of Urology at the Children's Hospital of Los Angeles, the University of Southern California and the University of Colorado. Dr. Kaji has served on Occu-Med's Board of Directors and managed its Medical Advisory Board for more than 30 years, and she has been the Company's Medical Director for more than 20 years. She has participated in all of the Company's medical research, having met with the medical specialists and sub -specialists representing 12 separate body systems who initially formulated Occu-Med's Compendium of Medical Standards. She has continued to supervise and participate in every medical research meeting addressing the continued effectiveness and appropriateness of this Compendium of what is now termed Medical Guidelines. Dr. Kaji supervises all medical specialists currently on retainer to Occu-Med. Further, as Medical Director, Dr. Kaji oversees all medical aspects of the Company's EXAMQA program. Occu-Med's internal Team Assigned to the City's account is Team Bailey please find their contact information listed below: earn Bailey x 1.559.435.2800 Iristi-fa D- -?,u =WWIIII C 1 .� �-,-,u C. u.i7•- 4 1 Occu-Med 25L-14 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 II. Scope of Services (Technical Proposal) Occu-Med contracts with multiple medical providers throughout the Orange County area which will allow the City's applicants and employees to always attend an appointment close to his or her current job or home. This service extends beyond the City's immediate geographical area, as Occu-Med has over 5,000 medical providers nationwide, so no matter where the City is recruiting from rest -assured Occu-Med will have a clinic nearby. Currently, Occu-Med's primary network of clinics for the City of Santa Ana will consist of: Gateway Medical Associates Safeway Elevated Health Anaheim, CA Santa Ana, CA Huntington Beach, CA Work Plan A. Pre -Placement Medical Evaluations PREAMBLE QAZ is the name given to Occu-Med's end -to -end solution for the scheduling and on -going review of all medical examinations for applicants or employees for jobs with the City. When applicable the same methodology outlined in this section for scheduling, tracking and reporting the results of the medical exam will be applied when scheduling annual, surveillance and fitness -for -duty exams as well. This service includes Occu-Med's review of exams, the further investigation of medical conditions identified during these exams (through the "RDQA" service --see description), the preparation of letters to applicants or employees who are determined to be Medically Disqualified for the job for which they applied or currently work-in, an analysis of Reasonable Accommodation for each individual Medically Disqualified, and the preparation of periodic (daily, when useful) production / performance / status reports. Scheduling Scheduling pre -placement, or periodic medical exams through Occu-Med could not be easier. A City representative contacts Occu-Med's Exam Scheduling Hotline or submits an Occu-Med Exam Requisition Form via e-mail, and the necessary medical exam is scheduled the same day as the referral. Occu-Med within two (2) hours of receipt of your referral will contact your applicant or employee in order to arrange a medical appointment with him or her. Upon completion of scheduling, your representative will immediately receive email confirmation of the appointment time and date, which will 5 1 Occu-Med 25L-15 City of Santa Ana Response to Request for Updated Scope of Work G 5/31/18 be scheduled to occur within 2 business days of the referral (or as directed by the City). Normally, the exam will be scheduled at: one of the local medical providers identified however, with your permission, exams could be scheduled at an alternative nearby clinic if the preferred clinic is booked out beyond acceptable time periods or if the applicant lives closer to an alternative clinic. Upon scheduling the medical exam the applicant is provided in advance all the necessary paperwork in order to complete the exam successfully. This includes a copy of Occu-Med's GINA compliant medical history forms which are used in place of the local medical providers' forms. We do this to ensure no inappropriate medical history questions are solicited as often times, clinic specific forms lack compliance as they are used for various other types of medical evaluations. Having scheduled the medical exam, and with knowledge of the length of time required to obtain results from the medical testing included in the exam (i.e., PPD test for tuberculosis takes 48 to 72 hours for results), Occu-Med contacts the medical provider to request, or "harvest," the exam at the absolute earliest time that it should be ready for review. This service has cut exam turnaround time for our clients in half in almost every case. Thus, eliminating a clinic from "holding" an exam until they have staff that can fax or email the results. Occu-Med commits to submitting a Medical Exam Summary Report to the City on the same day the complete medical exam is received (provided it is received before 4:OOPM PT). EXAMQA When reviewing an exam Occu-Med combines: a) a thorough knowledge of the essential physical and environmental components of the jobs in question; b) the medical expertise to gather all necessary and appropriate medical information upon which to base safe placement, return -to -work and fitness -for -duty recommendations; and, c) extensive knowledge of the legal constraints within which such hiring decisions must be made. This aspect of our services means that Occu-Med and its medical review staff review all completed medical exams and it is Occu-Med's recommendation that is made to the City regarding an applicant or employees safe placement. This process ensures that pertinent aspects regarding a placement decision are considered and not just those in the examining physician's purview. For Conditional Qualifications (CQ), an Employment Agreement accompanies each such report. For Recommended Delayed for Qualification (RDQ), RDQA is initiated with the applicant, and the City is simply notified that the process has begun. This eliminates the possibility of disclosure of protected personal medical information that may be undesirable for the City to have received. For each Disqualification (DQ), an appropriate medical -legal 6 1 Occu-Med 25L-16 City of Santa Ana Response to Request for Updated Scope of Work ! 5/31/18 report is submitted documenting the specific justifications for the disqualification and informing the City of the requirement of a consideration of Reasonable Accommodation (a process in which we encourage the City to involve us). Periodic performance reports, addressing both clinic turnaround statistics and EXAMQA results, are available upon request. Details regarding Occu-Med's qualification recommendations are as follows: Occu-Med's Qualification Recommendations and Reports Medically Qualified — Applicant is an immediate safe placement. Conditionally Qualified - Applicant may be placed immediately but has work restrictions or accommodation as outlined on the medical restrictions and/or reasonable accommodations page of the report. The specific restrictions or accommodations are always included as part of the Conditionally Qualified Medical Exam Summary Report. Recommendation Delayed for Qualification — Applicant will be required to submit further information regarding one or more medical conditions before being placed. This process is facilitated by Occu-Med via RDQA. The applicant is contacted on the day that he/she becomes delayed and informed that he or she has 10 business days to complete the request for additional medical information (extensions of the timeframe can be granted at the City's discretion). Medically Disqualified — Applicant has been deemed medically unsuited for this job class and will not be 1p aced. Occu-Med's report outlining relevant issues will be attached. The City must consider Reasonable Accommodation for this Medical Disqualification and must determine whether such an accommodation is feasible. Recommendation Delayed for Qualification — RDQA The RDQA process is one of the most elegant and sophisticated services associated with the Occu-Med Program. When the Occu-Med recommendation is that a decision be delayed until certain medical information can be further explored (that is, when the applicant is classified as "Recommendation Delayed for Qualification" —or "RDQ"—under Occu-Med terminology), Occu-Med will submit that report as well as an additional report when the requested additional information is received and Occu-Med is able to offer a conclusive placement recommendation. Since the law permits making "further medical inquiry" into medical conditions that could pose a direct threat of injury from the performance of the job's essential 7 1 Occu-Med 25L-17 City of Santa Ana Response to Request for Updated Scope of Work m 5/31/18 duties, it is necessary to notify the applicant of the specific findings as well as the information that will be necessary to submit in order to be cleared for the job. Since City staff may not have the time or the medical expertise to contact each of these applicants to describe in detail the medical findings and to answer their questions about the medical information needed for clearance to be approved, Occu-Med staff communicates directly with these applicants. Further, there is also a growing fear by employers that they may be receiving medical information about job applicants from medical examinations in violation of state and federal laws relating to such information (specifically, when the medical condition being investigated more fully pursuant to an "RDQ" designation is found to be benign in relation to the job's essential duties). For these reasons Occu-Med has developed —and will institute as part of this contract — a service designated as "RDQA." Under RDQA Occu-Med corresponds directly with job applicants to discuss the medical findings, to answer any questions about the medical condition or the process being employed, and to describe any medical records or documentation required for clearance. Applicants will have five (5) days to respond to Occu-Med and ten (10) days to provide further information unless the City dictates the application of different time requirements. The City's staff will simply be notified that such a review has been initiated, and the City will be informed on a periodic basis (as directed) on the status of each RDQ. Then, when the requested information is submitted, Occu-Med will prepare the appropriate clearance report. Occu-Portal At the request of the City results will also be made available via an online web -based portal known as the Occu-Portal. Occu-Med will provide personnel, designated as authorized by the City, with access to the Occu-Med Portal. This web -based tool will permit designated the City's personnel to access real-time statuses of individuals referred to Occu-Med for evaluation. Additional tutorial information regarding utilizing Occu-Med's vendor portal will also be made available online should new users need training on the site. Occu-Med will also provide to the City, at its convenience, a telephonic or face-to-face walk-through of our portal features so that the City can customize which fields it wishes to have appear on the portal. Occu-Med will create vendor logins for six (6) City personnel, and more can be added at the City's convenience. Login access will be emailed by Occu-Med to the designated City representatives. It will be incumbent upon the City to notify Occu-Med should a representative change or no longer require access. Occu-Med's web -based portal utilizes individualized logins for each client contact and protects 8 I Occu-Med 25L-18 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 data transmission by utilizing a 128-bit SSL security certificate. If the City desires to utilize this service a nominal monthly charge per user will be applied (see Exhibit Q. As part of Occu-Med's services Occu-Med serves as the custodian of records for all medical records for our clients. Occu-Med maintains this information in a HIPAA compliant softcopy that is available to the City with a one (1)-business day request. B. DOT MANDATED ALCOHOL AND DRUG TESTING SERVICES Drug screening at many clinics is "hit or miss." Additionally, if a Medical Review Officer (MRO) is ever required, that service is subject to a separate fee. And, finally, many issues that arise are beyond the experience of the clinic to address (i.e., dilute negative tests and shy bladder). Occu-Med has developed a national program that manages all such drug screening issues for its clients, including assisting in the development of drug screening programs and procedures, pursuant to CFR Title 49 Part 40. Further, due to our national purchasing power, we are able to offer attractive pricing with no add -on charges for MRO services. Further, we are readily available to address any issues in this area that arise this service will be substituted for the clinic's typical program, ensuring compliance for the DOT drug screen program. Urine Collections Occu-Med along with selected medical clinics on our network are able to provide the City a comprehensive solution for collecting DOT urine drug screens and BAT in compliance with CFR Title 49, PART 40. Collection sites where the DOT collections can be performed are located in Occu-Med clinic network and available throughout the City and Orange County, and more will be added based on where the City identifies the need to have locations for post -accident and after-hours testing. Only Certified Specimen Collectors having received the CFR Title 49, PART 40.213 Training will be used for these collections. All urine results will be sent to MEDTOX Laboratories for confirmation. Medtox is SAMHSA certified (Federal Register/Vol. 79, No. 27/Monday, February 10, 2014/Notices), and is able to conduct 9 1 Occu-Med 25L-19 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 confirmatory tests using the split -specimen regulations and MRO confirmation. These results are typically available within 48-72 hours, with up to 72 additional hours needed if MRO confirmation is required pursuant to a DOT requirements for a positive finding using GCMS confirmation. When MRO confirmation is required the City will be notified of the delay. Breath Alcohol Collections For BAT confirmation only EBTs on the NHTSA CPL for evidential devices that meet the requirements of CFR Title 49, PART § 40.231 (b) will be used to conduct alcohol confirmation. These results will be immediately available to the City. C. COMERCIAL DRIVER PHYSICAL EXAMINATIONS Pursuant to 49 CFR § 391.41 Department of Transportation Physical Qualifications and Examination of Drivers Motor Carrier Safety Regulations, a DMV medical exam will be administered. A Department of Motor Vehicles Medical Examiners Certificate per 49 CFR 391.41-49 will be prepared by the examining medical provider and will be given to the employee with a copy emailed by Occu-Med to the City's Human Resources Department. Pursuant to the May 19, 2014 revisions to the Federal Motor Carrier Safety Regulations Occu-Med will ensure all medical providers conducting DOT exams are certified on the National Registry. As required, Occu-Med will also schedule ancillary required commercial driver components including but not limited to: DMV DL 51 Medical Examination Report requirements and Audiometric baseline per CCR Title 8 § 5097 (audiogram an to assess hearing between 500hz-6000hz). Information will be recorded in accordance with CCR Title 8 § 5097. D. FITNESS -FOR -DUTY EXAMS Intensive Return -To -Work Program (IRTW) Occu-Med, through its Fitness -For -Duty (FFD) and Intensive Return -To -Work (IRTW) Programs, focuses on delivering employer -oriented analysis regarding injured or disabled employees. Occu-Med has been an industry leader in employee health solutions for over 36 years, and, through its IRTW division, its medical and legal expertise is concentrated to provide employers with a valuable perspective on evaluating whether or not an employee, as a result of an injury or medical condition, can continue to 10 1 OCCU-Med 25L-20 City of Santa Ana Response to Request for Updated Scope of Work 9 5/31/18 perform the essential functions of a job with or without reasonable accommodation Occu-Med's IRTW Program will provide the City an effective method of managing the possible return to work of employees who require a medical leave of absence due to injury or medical conditions, as well as an Americans With Disabilities (ADA) and Fair Employment and Housing Act (FEHA)-compliant reasonable accommodation forum for engaging such employees. Occu-Med's IRTW Program is currently in use by hundreds of municipalities, water agencies and fire districts. Occu-Med is uniquely positioned to assist the City with human resources matters involving complex medical cases that require a prompt and discerning assessment of the medical factors that may constitute a contraindication to an employee's performing one or more of the essential functions of the his/her job. Occu-Med's expert staff guarantees the quality and timeliness of its reports. Our experts range from physicians, nurses, and physical therapists to legal and human resource professionals. It is through our expert staff that a quality and consistent service is rendered. Occu-Med's staff and consulting physicians as well as other medical providers represent a considerable breadth in various medical fields including: Cardiology, Internal Medicine, Occupational Medicine, Family Practice, Urology, Optometry, Orthopaedic, Rheumatology, Gastroenterology, Neurology, Toxicology, Pathology, Psychiatry and Psychology, as well as a consulting audiologist. Our staff and consulting medical providers ensure that our recommendations are medically appropriate and employer oriented. Additionally, by maintaining legal staff, our clients can be confident that our recommendations are also legally defensible. Occu-Med's IRTW Program is ready to be implemented immediately as a turnkey model to the City. The program is designed to provide the client with the information necessary to make an informed decision regarding any employee's ability to safely perform the essential functions of his or her job by means of a legally defensible recommendation. The IRTW Program strategically applies Occu-Med's medical and legal expertise in order to render medical analysis and recommendations regarding the facts of an evaluation while considering the applicable laws and regulations. Thus, we also render legally defensible recommendations throughout the reasonable accommodation process. The evaluation begins with an assessment of the factors causing the need for the evaluation. This process is formally started by the submission of the requisition form. The requisition form requests the employee's contact information, a job description and other peripheral information pertinent to the employee's situation. The goals are to reduce risk through obtaining specific medical information to determine 111 Occu-Med 25L-21 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/18 whether or not a pertinent medical condition, injury, or medication being prescribed will affect the employee's ability to safely perform one or more of the essential functions of the job and to save time by eliminating costly delays. Obtain Medical Information Next, Occu-Med selects the appropriate physician to provide the needed medical information (this can be the treating physician or an independent specialist). Occu-Med contacts the employee by issuing an Individualized Assessment/Reasonable Accommodation Letter. The Individualized Assessment/Reasonable Accommodation Letter will introduce Occu-Med to the employee as the City's healthcare and human resources consultant and will explain that the IRTW Evaluation is an ADA/FEHA compliant reasonable accommodation process. Additionally, the letter will inform the employee of the necessary steps and information required to complete the IRTW Evaluation. The letter, to be made available to the appropriate physician or physicians designated, requests the specific, appropriate medical information that will be necessary to determine whether the employee continues to be an appropriate placement in the job, with or without restrictions. When such medical information is submitted, our medical staff evaluates it in conjunction with the essential functions of the employee's job to determine whether a contraindication to job performance exists. Recommendation Occu-Med delivers a recommendation to the City through verbal communication followed by a legally defensible written report outlining the specific process that occurred and how the recommendation was determined (all while protecting the confidentiality of all medical information that is not job related nor consistent with business necessity). The recommendation specifically advises the client of whether Occu-Med recommends that an employee should be returned to work or not returned to work. Occu-Med's recommendation is outlined in each report and is determined by the evaluation of the medical information submitted in conjunction with the review of the essential functions of the job class. The aforementioned qualifications are explained in each report along with the specifics of the case. For example, sometimes the recommendation is that the employee be retained in or returned to the job with work accommodations or restrictions. In this case, Occu-Med will provide the requested restrictions or accommodations to the client, and the client must then identify the necessary accommodations or restrictions that are reasonable, if any. Thus, the City's obligation to reasonable accommodation of the employee is met. Job assessment is completed and the employee can be returned to work in the same job if the recommended accommodations are indeed reasonable. 12 1 Occu-Med 25L-22 City of Santa Ana Response to Request for Updated Scope of Work 15/31/18 In the event that the restrictions or accommodations aren't reasonable, the client must then determine if an alternate job, for which the employee is otherwise qualified (retains the necessary knowledge, skills and abilities), exists and is presently vacant, allowing the employee to return to work with the City under a new job title. If alternative job placement is not available, the client now has legally defensible documentation to justify that the proposed accommodations are unreasonable. Occu-Med's report (Med- Legal Analysis) integrates the functional limitations of the employee and the legal and practical ramifications regarding the agency's ability to accommodate the employee's restrictions or the legally appropriate path for terminating the employee. Occu-Med considers all the relevant factors of the case before rendering a medically appropriate and legally defensible job suitability recommendation. In cases where the employee is unresponsive to Occu-Med's correspondence a report documenting the attempts to contact the employee and the employee's failure to engage in the reasonable accommodation process will be provided to the City. With the City's approval, a Notification of Medical Disqualification (Failure to Engage in the Reasonable Accommodation Process) letter will be sent to explain to the employee that his or her lack of response to the Individualized Assessment/Reasonable Accommodation invitation constitutes his or her failure to engage in the reasonable accommodation process. This letter may also be used in the case that the employee's medical condition is a contraindication to job placement and no reasonable accommodation could be made. Occu-Med's IRTW Report and recommendation will allow the City to make an informed, legally defensible decision as to whether or not an employee should be returned to work. E. Occu-VAX Occu-VAX is the scheduling and coordination, immunization record management and the on -going management of all immunization and chemoprophylaxis treatments for applicants and employees for jobs. This service includes an individualized evaluation of each applicant / employee to assess the appropriateness and necessity for administering the immunization and chemoprophylaxis treatments outlined in the specific Occu-VAX Profile prior to and, when appropriate, during employment. Scheduling and Coordination: Upon completion of the medical evaluation or concurrently by requirement or request from a designated City employee, Occu-Med will promptly contact applicants / employees to: a) assess the appropriateness and necessity for receiving immunization and 13 1 Occu-Med 25L-23 City of Santa Ana Response to Request for Updated Scope of Work 1 5/31/3.8 chemoprophylaxis treatments, and b) schedule and coordinate the administration of those immunization and chemoprophylaxis treatments deemed appropriate and necessary prior to and during employment. Immunization Record Management: Applicants and employees will be given an immunization record (documentation of immunization history) upon completion of: a) initial administration of immunization and chemoprophylaxis treatments; or b) an assessment concluding that no immunization or chemoprophylaxis treatments are necessary. Immunization records for all applicants and employees evaluated will be maintained electronically by Occu-Med. In the event an applicant for employee declines an immunization Occu-Med will obtain the appropriate declination from the individual. On -Going Immunization Management: All immunization and chemoprophylaxis treatments recommended by NFPA, POST or the CDC will be managed by Occu-Med. This service includes tracking to assure compliance with the CDC, in addition to other applicable guidelines; notification of employees and designated supervisory personnel of all periodic follow-ups associated with immunization and chemoprophylaxis treatments; and, upon request, preparation and provision of customized tracking reports documenting any aspect of the immunization and chemoprophylaxis treatment program. Occu-VAXis a dynamic service that any employer can access, from including a Hepatitis B Titer as part of a pre -placement evaluation so that Hepatitis immunity can be immediately documented, or providing on -site flu immunizations during the flu season. Should the City elect to incorporate Occu-VAX a medical records management fee would be applied. OSHA Respirator Medical Evaluation Questionnaire review pursuant to CCR Title 8 § 5144. Occu-Med will administer OSHA Respirator Medical Evaluation Questionnaire pursuant to CCR Title 8 § 5144 to the applicant once the referral is received. Occu-Med can either use the City's form, or the Cal/OSHA form. These forms will be provided to the applicant electronically. Once returned to Occu-Med the OSHA Respirator Medical Evaluation Questionnaire is reviewed by one of our physicians or other licensed health care professional (PLHCP). When necessary, the applicant or employee will undergo a Pulmonary Function Test Occu-Med requires that three (3) blows be taken with the best result becoming the medical record. Additional Annual Physicals Based on coordination with the City Occu-Med is able to provide those physical and associated medical exam components as well. These physicals would be scheduled and coordinated much the same way as described in the Pre -Employment Physical Exam section of the document. Occu-Med and the City would 14 1 Occu-Med 25L-24 City of Santa Ana Response to Request for Updated Scope of Work ' 5/31/18 need to coordinate on the appropriate reporting channel for results in order to ensure only information that is job related and is consistent with business necessity will be shared with the City. Occu-Med is prepared to expertly advise the City on the matter. F. BILLING AND REPORTING Occu-Med maintains a database of all exams that we review, and we have done so for the City's evaluations since 2015, Occu-Med has regularly provided the City with an annual report documenting the results of our work. Clinic performance reports documenting accuracy and turnaround times for exams are also available to our clients upon request. Occu-Med will work with the City to establish what specific information the City wishes to receive in each report. As documented in our May 1, 2018 correspondence to the City Occu-Med is able to maintain our fees at the current rate for the 1-year extension to our contract (fee schedule enclosed). EXAMQA Report Fee Our EXAMQA services consists of our customary review fee which includes the following: • Scheduling of each medical exam • Tracking each medical exam for applicant/employee attendance • Harvesting all medical exam results from the clinic • Occu-Med Medical Network allowing City applicants to be seen anywhere in the United States • Review and evaluation of completed medical examinations with results sent to you on the same day that the exam is received • Written reports for each review undertaken for each applicant • Employment Agreements for any employees placed with accommodations • Additional reviews for applicants with medical or physical conditions requiring further testing or submission of additional information • Explanation (by telephone and by letter) to prospective employees of additional medical information necessary for job clearance • Submission of legally defensible hiring recommendations • Assistance with reasonable accommodation recommendations • Consultation relative to pre -placement, retum-to-work, and fitness -for -duty issues • RDQA services 15 1 Occu-Med 25L-25 City of Santa Ana Response to Request for Updated Scope of Work A 5/31/18 Assurance of excellent clinic performance issues, as needed • Periodic reports documenting the results of Occu-Med's work QAzfees that the City would pay directly to the medical clinic, but without all the hassle of dealing with "MEDICAL BILLING INVOICES" Occu-Med began its Clinic Bill Review service in 2006 as part of its service to ITT, a company charged with deploying employees to Iraq, Kuwait, Qatar and Afghanistan for various major federal projects in that region. We have evaluated more over 100,000 clinic invoices for pre -placement exams over this span of time and have been absolutely appalled at our findings: a) more than 92% of these clinic invoices were initially submitted with inaccuracies (wrong charges for tests not performed, charges for unnecessary testing performed, duplicate billings); and b) much worse is the fact that nearly all of the incorrect invoices were inaccurate in favor of the clinic. Occu-Med requires the submission of an accurate invoice for payment —at which point we immediately submit payment to the clinic. We submit our invoice to the City as a single fee (as negotiated) for an exam— as the City's request our invoice will also include a list of itemized charges, however, the charges will always add up to the pre -agreed negotiated fee. Clients have informed us that this "bill review" service alone has literally saved days of staff time. Another client, upon learning of this billing trend, audited the previous year's invoices and was able to obtain a refund of more than $3,000 for exams performed. On the first day of each month, Occu-Med will submit an invoice to the City for the prior month's medical services and examinations. Our invoices will be itemized by the date of service, name of person examined, type of physical performed, itemized charges for each type of physical (if applicable), a subtotal for each person examined, and a total of charges for the month being billed. Our knowledge of the precise medical exam components that are of value for each specific job class (eliminating useless, improper and overly expensive medical tests), our ability to negotiate fair and reasonable charges from providers for medical exams, our national buying power for laboratory services (blood chemistry panels and urine drug screens), and our careful auditing of clinic and laboratory charges allow us to offer a vastly expanded array of services to our clients for fees typically charged by their medical provider for just the medical examination and laboratory charges. Occu-Med will in -turn be able to continue to submit clear and straightforward monthly invoices to the City. This stands in contrast to the amorphous and often incorrect invoices typically submitted by clinics. 16 1 Occu-Med 25L-26 City of Santa Ana Response to Request for Updated Scope of Work ! 5/31/18 INSURANCE Occu-Med provided the necessary insurance information to the City in our May 2, 2018 correspondence (also attached herein). Thank you for the opportunity to provide the City an updated Scope of Work, we look forward to hearing from you. Proposal Respectfully Submitted By: Christopher St. George Business Development Director 17 1 Occu-Med 25L-27 EXHIBIT B COMPENSATION (RATES) 25L-28 _ / k \ } & 2 � !■;#!!B «>;#;a ■ °araa« ! !« \`�` ;! a ; E4; -.i;- ,«...,.,,«...�,.).>««,...,,,\,\,�§)),iii !!!\;;!!!!«««!!« \ \ \\ E { ; k 4; ...............j------..-,�].\,�!]|..,< >t�{§}}�; » `! )\ 64 U\/`!.;}:!!!t !&e& {!!!! !!!fJ 25L- § 25L-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: AUTHORIZE FOURTH AMENDED AGREEMENT FOR MERCHANT PAYMENT SERVICES WITH TSYS MERCHANT SOLUTIONS, LLC (FORMERLY TRANSFIRST, LLC) (STRATEGIC PLAN N?. 4, 1; 7, 5F) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IF-11WW0i19Wi ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st 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 a one-year amended agreement with TSYS Merchant Solutions, LLC, ("TSYS") effective July 1, 2018 through June 30, 2019, with two, one-year extension options at the election of the City, for an amount not to exceed $165,000 annually subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division of the Finance and Management Services Agency ("Treasury") is responsible for maintaining all monetary transactions related to City services. Currently, customers may utilize a credit card to pay City of Santa Ana assessed taxes, permits, fees, fines and other monies due for City services. Acceptance of a credit card as a form of payment involves utilizing a merchant payment services company such as TSYS (formerly known as TransFirst, LLC). TSYS currently presents MasterCard and Visa transactions on behalf of the City for all credit card payments made at City facilities, including but not limited to: City Hall Cashiering Counters, Payment Kiosk, Police Department Traffic and Records Divisions, Santa Ana Zoo, and the City's Smart Parking Meter program. Moratorium on Imposition of Credit Card Processing Fees: On March 12, 2012, City Council authorized a moratorium on the imposition of City credit card processing fees in order to promote electronic payments and attract more on-line payments by customers. Subsequently, Treasury negotiated the reduction of the TSYS' predecessor's PRI's discount fee from 1.5% to 0% resulting in a savings of over $55,000, which assisted in offsetting existing and future City expenditures. Pursuant to TSYS' contract (Agreement #A-2014-071), TSYS agreed to maintain the reduced rate for the full term of said agreement, and all extensions thereto. Credit Card Processing Costs Reduction Analysis: Thereafter, in lieu of releasing an RFP for continuing merchant payment processing services, City Council authorized a three-year 25M-1 Fourth Amended Agreement for Merchant Payment Services June 19, 2018 Page 2 agreement with Vizant Technologies, LLC, ("Vizant"), for continuous credit card processing costs reduction analysis. This agreement with Vizant was entered into in recognition of the highly commoditized nature of credit card merchant payment processing services in which price, among competent service suppliers, is a primary component of the selection process along with existing systems integrations. The agreement authorized Vizant to lead a City Request For Proposal (RFP) in the event their analysis indicated a potentially realizable long-term savings by re -bidding credit card merchant processing services. During the term of this agreement Vizant's continuous analyses indicated that no long-term net costs savings could be realized when comparing potential competing providers against TSYS's reduced credit card merchant payment processing rate, leaving out Bid costs connected to existing systems integrations & associated replacement costs. Increases in Annual Expenditure Cap: On June 16, 2015, City Council approved a First Amended Agreement with TSYS to extend the term of the existing agreement. The resulting First Amended Agreement (Agreement #A-2015-117) included an increase in the annual expenditure cap to $95,000. However, due to rapid growth in credit card payments made by residents and businesses because of the option to pay online and with the enhancement of the City's Electronic Billing and Payment Presentation, staff anticipated the annual cap to be exceeded by as much as $55,000 at the conclusion of the 2015-16 fiscal year. As such, the annual cap amount was increased to the current $165,000 per year. Beginning November 2016, Treasury commenced a comprehensive phased -upgrade to the City's Municipal Utility Services ("MUS") enQuesta customer service & billing software that supports single sign -on customer access to the enQuesta system, enhanced Electronic Bill Payment & Presentment (EBPP), interactive bilingual voice response (IVR), a mobile app, and real time payment posting. TSYS services directly support and integrate with this upgrade and other key Treasury systems such as the city-wide cashiering system (iNovah) and the walk-up payment kiosk (LD Systems). Additionally, City vendors are in the process of completing a real-time parking citation inquiry system upgrade that will allow cashiers to provide more efficient and expedited service related to the Police Department's new parking citation processor, Data Ticket. In addition, LD Systems, the City's payment kiosk provider is completing a hosting and application upgrade to the City's payment kiosk which will integrate with Data Ticket's inquiry system. Both the Data Ticket inquiry system together with the upgrades to the LD Systems payment kiosk will be concluded in FY 2018-19. Both sets of enhancements are pre -requisites to a future RFP for Payment Card Industry Data Security Standard (PCI DSS) compliant merchant processing services. These services would be in connection with both city-wide walk-in cashiering services and walk-up kiosk payment services. Taken together with the City's existing PCI DSS compliant online payment portal services, addressing PCI DSS compliance with respect to walk-in and walk- up customer payment services will allow the City to attain full PCI DSS compliance across all City payment processing activities. Therefore, staff recommends extending TSYS' contract for one additional year (minimum) with two, one-year renewal options to allow the City time to fully assess the upgraded functionality of the integrated systems and the final completion of the MUS enQuesta program upgrade prior to issuing an RFP for future merchant payment services during the term of this amended agreement. 25M-2 Fourth Amended Agreement for Merchant Payment Services June 19, 2018 Page 3 As an interim option, following the successful completion of the Data Ticket, iNovah, LID Systems payment kiosk systems integration, the City can decide to decouple kiosk credit card payments from TSYS and process these payments through a cloud based system to further advance compliance with Payment Card Industry Data Security Standard (PCI DSS) requirements. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #4 City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment) and Goal #7 - Team Santa Ana, Objective #5F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT Funds up to the amount of $165,000 in account no. (various-62300) will be budgeted and available on an allocated basis in various departmental accounts, upon Council approval, for contract term FY 2018-19. During each optional term FY 2019-20 and FY 2020-21, funds up to the amount of $165,000 will likewise be budgeted in account no. (various-62300) and available on an allocated basis in various departmental accounts. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez re Executive Director Finance and Management Services Agency Exhibit: 1. Fourth Amended Agreement AID: W H 25M-3 25M-4 EXHIBIT 1 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT, is entered into on this 19th day of June 2018, by and between TSYS Merchant Solutions, LLC, formerly TransFirst, LLC (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), collectively "the Parties". RECITALS: A. The Parties entered into a payment processing services agreement (Agreement #A- 2014-071) dated April 18, 2014 (hereinafter "said Agreement") by which Consultant has provided payment processing services to the City. B. The Parties subsequently entered into a First Amendment to that Agreement (A-2015- 117) on June 17, 2015 to increase the Compensation and Term of said Agreement. C. The Parties thereafter entered into a Second Amendment to that Agreement (A-2016- 148) on June 17, 2016 to increase the Compensation of said Agreement. D. The Parties next entered into a Third Amendment to that Agreement (A-2017-135) on June 17, 2017 to extend the Term of said Agreement. E. In accordance with the terms and conditions of said Agreement, the Parties now wish to further amend the Term of said Agreement to provide for a one (1) year extension beginning July 1, 2018 and ending June 30, 2019, with the option exercisable by the City, to renew said Agreement for up to two additional one (1) year periods. The first period covering July 1, 2019 through June 30, 2020, and the second period covering July 1, 2020 through June 30, 2021. Each extension to be exercised by the City separately prior to the expiration of the previous extension period. F. The Parties also now wish to amend and add Compensation for the extended Term G. The Parties also now wish to amend the Scope of Services to provide the City with the right to bifurcate said Agreement and de -couple Consultant's payment kiosk related credit card authorization function from the City's iNovah cashiering system to permit merchant processing services to be accomplished by a City authorized Payment Card Industry Data Security Standard (PCI DSS) compliant third party. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the aforementioned First, Second, and Third Amendments to said Agreement the parties agree as follows: 1. The Parties hereto desire to amend Section 3. of said Agreement (TERM). This Fourth Amendment to Agreement shall commence on July 1, 2018 and terminate on June 30, 2019; unless City exercises its option to extend the Agreement for up to two 25M-5 additional one (1) year extension periods. The first period beginning July 1, 2019 and ending June 30, 2020, and the second option period beginning July 1, 2020 and ending June 30, 2021, or unless terminated earlier in accordance with Section 12 of this Agreement. Exercise of City's option to extend the Agreement for either extension period shall be made via a separate and distinct writing to Consultant executed by the City Manager and City Attorney issued prior to the expiration of the previous extension period. 2. The Parties hereto desire to amend Section 2. of said Agreement (COMPENSATION) to extend the increase in annual compensation agreed to by the parties pursuant to the Second Amendment to Agreement to include the two-year extended term of this Fourth Amendment to Agreement. The total sum to be expended under the amended term of this Agreement in any one (1) year shall not exceed $165,000, and thereafter shall not exceed $165,000 for any subsequent yearly extension of said Agreement. 3. The Parties hereto desire to amend Section 1. of said Agreement (SCOPE OF SERVICES). The Parties hereto desire to amend Section 1 of said Agreement to provide City with the right to bifurcate said Agreement and decouple the Consultant's payment kiosk related credit card authorization functions from iNovah and have these services be accomplished by a City authorized Payment Card Industry Data Security Standard (PCI DSS) compliant third party. During the Term of this Agreement and any extension hereto, but beginning not sooner than January 1, 2019, City may upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, terminate Consultant's services in connection with credit card transactions initiated via City's payment kiosk. Whereupon City shall have the right to continue Consultant's services for payment kiosk credit card transactions on a month -to -month basis and fully terminate such services, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said payment kiosk related services. 4. This Fourth Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. /// {Signatures on following page} 25M-6 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By�� JO Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager TSYS Merchant Solutions, LLC Name: Title: Tax ID# 25M-7 25M-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) I CITJ TANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a donation for the Memorial Park Neighborhood Association to support the Day of Good Deeds Community Clean -Up event on June 30, 2018, in the amount of $500 in City services credit (Mayor Pro Tern Martinez). 2. Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: 2. Charitable Ventures of Orange County for Memorial Park Neighborhood Association in support of community services and events, free to the community, in a one time donation amount of $1,383.19 (Councilmember Sarmiento); 3. Madison Park Neighborhood Association in support of the 5k walk-a-thon, various community services and events that promote healthier life choices, in a one time donation amount of $883.19 (Councilmember Sarmiento); 4. Orange County Children's Therapeutic Arts Center in support of the Digital Arts Summer Camp that will teach youth technology skills, arts, and leadership, in a one time donation amount of $1,000 (Councilmember Sarmiento); 5. Santa Ana Kiwanis Club Foundation in support of services for youth and youth with disabilities that promote education and self -empowerment throughout the City of Santa Ana, in a one time donation amount of $1,000 (Councilmember Sarmiento); 6. Charitable Ventures of Orange County for Santa Anita Neighborhood Association in support of the event that took place June 15, 2018 at the Santa Anita Center in 29A-1 Donation Agreements with Organizations to Support Community Events and Programs June 19, 2018 Page 2 celebration of the neighborhoods positive progress, in a one time donation amount of $1,000 (Councilmember Solorio); 7. Crime Survivors Inc. in support of the Victims of Violent Crime: Art of Healing Classes, Self -Defense, and additional supportive services, in a one time donation amount of $1,575 (Councilmember Solorio); 8. Natis House dba Neutral Ground in support of the youth intervention and prevention program that provides mediation and supportive services for at -risk youth in Santa Ana, in a one time donation amount of $1,000 (Councilmember Solorio); 9. Natis House dba Neutral Ground in support of the youth intervention and prevention program that provides mediation and supportive services for at -risk youth in Santa Ana, in a one time donation amount of $250 (Councilmember Villegas); 10.Orange County Fire Authority Foundation in support of the OCFA Fire Explorers Program that provide community services, mentoring for youth, and acquire information about human service careers, in a one time donation amount of $750 (Councilmember Villegas); 11. Santa Ana Public Schools Foundation in support of on -going services for the Santa Ana Unified School District Explorers Program that promotes career -oriented programming in the area of law enforcement for youth in Santa Ana, in a one time donation amount of $500 (Councilmember Villegas); 12. Southland Integrated Services, Inc. in support of on -going services for the Senior Citizen Community Center as wel as a free community event held June 16, 2018, in a one-time donation amount of $425 (Councilmember Villegas); 13.Rainmaker Effect, Inc. in support of the Rainmaker Effect Leaders Program that provides high school students with leadership and character building skills as well as mentors, in a one time donation amount of $1,000 (Councilmember Tinajero); 14.KidWorks Community Development Corporation in support of the Building Bridges of Unity Community Resource Fair held May 12, 2018, free to the community, that promoted safety, quality of life, and access to resources, in a one time donation amount of $500 (Councilmember Sarmiento); 15. Community Engagement Inc. in support of Cunao's El Cancion del Inmigrante at the Bowers Museum that occurred May 12, 2018 an event free to the community that promotes arts and culture, in a one time donation amount of $7,500 (Mayor Pulido); 29A-2 Donation Agreements with Organizations to Support Community Events and Programs June 19, 2018 Page 3 16. Madison Park Neighborhood Association in support of the 5k walk-a-thon, various community services and events that promote healthier life choices, in a one time donation amount of $500 (Councilmember Benavides); On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines 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. The donation request form for City Service Credit (Exhibit 1) and donation agreements (Exhibits 2-16) listed above are in response to the Donation Requests submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements 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). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Mayor Pulido $ 7,500.00 Mayor Pro Tern Martinez $ 500.00 Councilmember Sarmiento $ 4,766.38 Councilmember Solorio $ 3,575.00 Councilmember Benavides $ 500.00 Councilmember Villegas $ 1,925.00 Councilmember Tinajero $ 1,000.00 29A-3 Donation Agreements with Organizations to Support Community Events and Programs June 19, 2018 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 1 Wl Finance and Management Services Agency Exhibits: 1. Donation Request Form 2-16. Donation Agreements 29A-4 ''_` City of Santa Ana City Ma� Civc Center Plaza Donation Request P.O. Box 1988 t:--r Santa Ana, CA 92702 - - (714) 647-5200 Name: Raul Ramos itie: President Address: 120 Civic Center Plaza Ft,, state, zip: Santa Ana, CA 92701 ' Phone_ ' 714-651-6176 -- Fax:_ (Name: ')Memorial Park Neighborhood Association Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as defined under Section 501(cx3) of the Internal Revenue Code? � Select One: ❑ Yes No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, If Yes, _ staff lime, rental rates for facilities or equipment, etc.).Qosts for City services vary and if approved, credit may or may not cover Poll cost of requested City services. ax ID #: Donation City Services Credit 550.0 Date Needed: 6/25/2018 Mayor/Councllmember: Martini Amount Requested: —' Direct Payment Amount Event Date: 6/30/18 Event Time: $aril-10:30am ! Requested: Event Location: [Memorial Park, Eastside NA, Sandpointe NA, & Lacy NA Address, City, State, Zip The City of Santa Ana in collaboration with various neighborhoods to conduct community Description of Event) Purpose: clean-up efforts and beautification activities on June 30, 2018 from 8am-10:30am. Volunteers will be welcomed to assist with the community clean-up. mny will benefit from the event by having clean neighborhoods, beautified parks, and Community, Benefit, FanoppormtuUnityto engagewith others in the community. The event will promote community pride. Applicant Signature:lfe rJZQf1lOJ ;Date: JUneJ, 2018 Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 t nAlI�GT�Lk�9 ,ms �. Donation Request at Reference # on all reletl DPVS DR - Council Meeting Date: June 19r 2019 Eligibility Met: YES I NO YES Approved Amount: @e $500 City Manager Signature: Date: Revised 01/05/2017 29A-6 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION 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 for the SCHEDULING OF FREE EVENTS, ACTIVITIES AND INFORMATIONAL SESSIONS AT MEMORIAL PARK TO BENEFIT THE RESIDENTS AND BUSINESSES OF THE MEMORIAL PARK NEIGHBORHOOD ASSOCIATION TO HELP INFORM, LEARN HOW TO BE ENGAGED WITH THE CITY, AND STRENGTHEN PARTNERSHIPS. ("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 .SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it assists the MEMORIAL PARK NEIGHBORHOOD ASSOCIATION TO CONDUCT MULTIPLE COMMUNITY EVENTS AND ACTIVITIES THROUGH JUNE 30, 2018 TO PROMOTE ENGAGEMENT AND COLLABORATION. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS AND NINETEEN CENTS ($1,383.19), 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 funds 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 Term; Termination of Apreement. 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 immediate return of all funds 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 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 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 trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and hannless 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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. EXHIBIT 2 29A-8 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. CITY OF SANTA ANA By: Raul Godinez 11 City Manager Attest. - En Maria D. Huizar Clerk of the Council Approved as to Forms Sonia R. Carvalho City Attorney By:cy'QVJy1 Laura A. Rossini Senior Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Ted Kim Title: Chief Operating Officer J§A 29 ""`�• City Manager's Office— MJ1 =�� City of Santa Ana 20 Civic center Plaza - ;6E Donation Request P.O. Box 1988 �• ; _ . Santa Ana, CA 92702 (714) 647-5200 Name: Raul Ramos de: 1 President ddress- 1505 E. 17th Street Suite 101 city city, S� Santa Ana, CA 92705 Phone: 714-651-6176 iEmall: raulramos99b6@gmail.com Pax: Prg4nizatj0n information, Name- Charitable Ventures of Orange County for Memorial Park Neighborhood Association, Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? elect One: Yes Ej No If No, you will only qualrfy for a credit for City -related costs foryour request (i.e. permit fees, ,If Taff time, rental rotes for facilities or equipment,etc.).Costs for City services vary and if Yes, , I20-8756660 approved, credit may ormaynot cover full cost of requested Cityservices. ax ID M e• City Services Credit iIAmount Requested: iS Date Needed: Mayor/Coundl�member. Sarmiento I irect Payment Amount E I 'IRequested: 1,3H3.19 Event Date: l June 30 2018 Event Time: , TBp �S Event Location: Memorial Park 2102 S. Flower Street, Santa Ana, CA 92707 tlaresq City, State, Tip rk Neighborhood Association hosts a variety of events, activities, and informational of Event i Event/Purpose: residents and businesses. The Neighborhood will be scheduling several Fentr e community through June 30, 2018. The community will benefit from the various events by becoming informed, leaming how Community Benefit: to be civic -ally engaged, enhances community pride, and strengthens relationships. - -. Applicant Signature: _-- - l ate: Raut ✓•iarrr04 6/I /1 Mail: City Manager's Office —M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647-6964 P.O. Box 1988 Santa Ana, CA 92702 v,...IiFr w)li_; Donation Request #: Rcfcrencc D on all rent: v CPVs DR - Council Meeting Date: JUNE 19, 2018 - Eligibility Met: YES/NO YES Approved Amount: $1,383.19 City. Manager Signature: Date: Revised 01/0512017 CITY OF SANTA ANA DONATION AGREEMENT WITH MADISON PARK NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUKE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and MADISON PARI{ NEIGHBORHOOD ASSOCIATION 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 for AN EVENT INVITING SPONSORS AND COMMUNITY RESOURCES TO PROVIDE SERVICES, ACTIVITIES AND EVENTS CONDUCTED BY THE MADISON PARK NEIGHBORHOOD ASSOCIATION TO EMPOWER RESIDENTS TO MAKE HEALTHIER LIFE CHOICES. ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit to HOLD A 5I{ WALK AND PROVIDE SECURITY FOR THE ATTENDEES TO SAFELY PARTICIPATE IN THIS EVENT HELD BY THE MADISON PARK NEIGHBORHOOD ASSOCIATION THAT WILL EMPOWER THE YOUTH AND FAMILIES TO BECOME ENGAGED AND ACTIVE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 EIGHT HUNDRED EIGHTY THREE DOLLARS AND NINTEEN CENTS ($883.19), 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 funds 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 Term; 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 immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) 29X71B 1 1 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 EXHIBIT 3 29A-12 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: c�.nu 1z. u� Laura A. Rossini Senior Assistant City Attorney MADISON PARK NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 29K 313 �. City Manager's Office — M-31 City of Santa Ana 20 Civic Center Plaza I Donation Request P.O. Box 1988 Santa Ana, CA 92702 '-- (714) 647-5200 • e !lame: rJose•J. Rea IT;d{ e: FMPNA Treasurer �Y I tddress: 1516 E. Occidental- St. city S te, zip: Santa Ana, CA 92707 phone- 1 714-357-6697 .Email: Imadisonparkna@gmail.com (Fax: i • Name: fMadison Park Neighborhood Association (MPNA) Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? (Select One: i Yes ❑ Na If No, you will only qualify for a credit for City -related costs foryour request (i.e. permit fees, 1 staff time, rental rates forfaa7ifies or equipment, etc.). Costs for City services vary and it If Yes, 180-0201690 pproved, credit may ormay not coverfull cost of requested Cityservices. 'Tax 10M ®•,. City Services Credit y —Date Needed: I6/30/18 (Mayor/Councilmember. iSanniento 'Amount Requested: i i )Direct PaymentAmount I r ' 7am- 1 m $ 883.19 Date: IL;2018 !Event Time: p 'Event Requested: Eve nt ,ovation: lI Madison Park 1528 S Standard Ave, Santa Ana, CA 92707 Atltlress, ury, State, Zip , 1 i .This year residents will complete a 5k walk along the bike trail from Edinger to Description of Chestnut Ave. Two police officers are needed at intersections that lack stop signs (Event I Purpose: Ito ensure the safety of the participants. MPN community resources invites sponsors and commun, wlilch provide servicesto our community Benefit: 'community to empower residents to make healthier life choices. We anticipate an ;attendance of approximately 1,500, which consist of adults and children. i Applicant Signature: Date: ! I I Mail: City Manager's Office —M-31 Email: donationmquest@santa na.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request N: j DR - Relerebce k on all related 177vs i Council Meeting Date: ; June 19, 2018 j Eligibility Met: YES I NO YES ^__ Approved Amount: $883.19 City Manager Signature: Date; Revised 01/052017 29A-14 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER 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 for THE OCCTAC DIGITAL ARTS SUMMER CAMP EVENT ON JUNE 15, 2018 THAT WILL TEACH YOUTH TECHNOLOGY SHILLS, ARTS, AND LEADERSHIP TRAINING. ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN EDUCATIONAL OPPORTUNITY FOR SANTA ANA YOUTH TO ACQUIRE NEW SHILLS, EXPLORE DIFFERENT CAREER OPTIONS, AND BECOME ADVOCATES FOR THEIR COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND DOLLARS ($1,000), 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 terns and conditions provided for in this Agreement. Should Recipient fail to use the funds 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 immediate return of all funds 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. 29XI 15 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 tennination 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 terns 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 perfomn 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. 2UAI- 1 6 CITY OF SANTA ANA By: Raul Godinez City Manager Arrest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: /►l/ :'I hn M. Funk Assistant City Attorney ORANGE COUNTY CHILDREN°S THERAPEUTIC ARTS CENTER, a 501(c)(3) NON-PROFIT ORGANIZATION Signature Name: Dr. Ana Jimenez Hami Title: Executive Director 29W 417 City!clanger's Office— Al•31 i City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 — (714) 647.5200 am n. Dr. Ana Jlrnenez-Harm File, lExeculive Director Pddros� s: 2215 North Broadway Ity, stale, zip: ISanta Ana, CA 92706 phone: 714-547-5468 mau: ana@occtac.org Fax: 714-564-9690 Namo: Orange County Children's Therapeutic Arts Center Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as 1kgoloet Ono: afined under Section 501(c)(3) of the Internal Revenue Code? If Yes O No IfNo, you W11 only quaky fora credit for Clyrelaled costs foryourrequest(le. permit fees, If a stafftime, rental rates forfacOrtlesorequipment etc.).CostsforCiyservicesvery endlf ILf 33-0930891 approved, credit may ormay not cover fullcost ofrequested CityservIces. (rax ID 0: City Services R�Dole (ount Needed: June 11, 2018 layorlCouncllmombor. Sarmiento Requested: I Dl Payment Amount 1 000 Event Oate: June 15 2018 Ivan! 9:00 qct Rs coated: + + Tir- m -12:OOpm vt Location: �en 2215 North Broadway, Santa Ana, CA 92706 d,osg City, MOO. 7/p OCCTAC DIgilai Ads Summer Camp kill leach youth vdth and vrithoul special needs basic technology skills (grephie design, onvideo FE,,n't'1'Pu,poa,.- 6 photography), arts and Inclusive leadership training to youth vilth and vrithout disablktles from local Santa Ana middle and high schools. The funds will be used to provide scholarships to studenlsnamilles to attend the camp at no charge. Students will learn some great nnv skills that they con ulifize, for their future careers and education; and also be Inspired to Cammunity llonelit: become Informed advocates and role models In their mmmuniy while providing lnshuctlon In occupational graphic design, photography and visual arts skills. Most Importantly, students vAl be proud of their accomplishments and their parents too. 1 Applicant Signature �l ::• °` -� ' J `201 8 _ !Data une 6 , Mall: City Manager's Office—M•31 20 Clvlc Center Plaza rEmall;onallonrequeat(8senta•ena.org 714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 ,.. Domi lon Request G .' Relerencoeon arlreiata4OPUs' MR c � "''• I �� Council Mootlgg Dalo JUNE 19 2018 Eligibility Mel: YES/NO--YE5 Approved Amount .'-�. $1000 ` City Manager Slgnaluro - •' Date: Revised 01/0512017 25111WJAIT 18 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA KIWANIS CLUB FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement') is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA IOWANIS CLUB 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. RECrrAI,s 2.1 Community Benefit. The City wishes to provide Recipient with funding for the IMPROVEMENT AND ENHANCEMENT OPPORTUNITIES FOR YOUTH EDUCATION, RECREATION AND SAFETY OF THE SANTA ANA COMMUNITY ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit to HOST VARIOUS EVENTS THROUGH JUNE 30, 2018, TO CELEBRATE YOUTH AND YOUTH WITH DISABILITIES TO PROMOTE EDUCATION AND SELF -EMPOWERMENT. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDMONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND DOLLARS ($1,000), 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 funds 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 Term; 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 immediate return of all funds 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. 29`AIr19 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 5 29A-20 CITY OF SANTA ANA 0 Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: JaWta, k . Laura A. Rossini Senior Assistant City Attorney SANTA ANA KIWANIS CLUB FOUNDATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 29`AT11 City Manager's ORlce-M-31 City of Santa Ana 20 Civic Center Plaza -- iq - Donation Request P.O. Box 1988 ;l Santa Ana, CA 92702 -=- (714) 647.5200 • r r a p. • r Naml e: jDavid Poole 71ua: Treasurer Mdr s: 12241 Newport Avenue Ity, State,iip: North Tustin, CA 92705 ,Phone: 714-558-1921 Final dapoole@yahoo.com Fax: ...-lion information (Name: Santa Ana Kiwanis Club Foundation Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? Z Yes ElNo If No, you will only quaily fora credit for City -related costs For yourrequest (i.e. permit fees, If Yes, -, staff time, rental rates for faOdies or equipment, etc.).Costs for City services vary and it (approved, credit may or may not cover full cost of requested City services. lax I #: ;95-6060395 ity Services Credit Date �IMayorlCou�cllmember, mount Requested: i Sanniento ;Direct Paym ten�Am Amount Event Date: thru Tune 2018 Event Time: I1 $:30 PM ,Requested: entLocauen: 510 E Katella Ave, Orange, CA 92867 Venue location for community event that F ress Cly,, state, Zip supports the youth involved with Kiwanis. Community event to celebrate and engage youth and youth with disabilities, which Description of Event/ Purpose: provides encouragement for youth education and self -empowerment. Improve the community by enhancing the education, recreation and safety of Community Benefit: young people Applicant Signature: /—/t,(� (Date: (June 11, 2018 . . •. Mall: City Manager's Office -M-31 Ematl, donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: RererenceW on all relatedDPVs DR. Council Meeting Date: I DUNE 19, 2018 Eligibility Met: S1,000 YESINO YES J Approved Amount: City Manager Signature: Date: j Revised 011052017 �J a`I_71 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION 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 for AN EVENT HELD AT THE COMMUNITY CENTER THAT WILL BENEFIT THE SANTA ANITA NEIGHBORHOOD ASSOCIATION TO ENGAGE CHILDREN AND FAMILIES AND THROUGH THE USE OF THE COMMUNITY CENTER, PROMOTE COMMUNITY PRIDE AND ENGAGE WITH THEIR NEIGHORS ("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 SOLORIO, believes there is a public purpose in supporting the Community Benefit for the SANTA ANITA NEIGHBORHOOD ASSOCIATION TO HOLD AN EVENT ON JUNE 15, 2018, TO CELEBRATE THE INSTALLATION OF NEW EQUIPMENT FOR THE NEIGHBORHOOD TO ENJOY AT THE COMMUNITY CIENTER. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND DOLLARS ($1,000), 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 funds 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 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's fall expenditure of the fiords. 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 immediate return of all funds 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 Agreemen. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its EXHIBIT 6 29A-24 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. CITY'OF SANTA ANA By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approvedas to Form: Sonia R. Carvalho City Attorney n By:U� Laura A. Rossini Senior Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION 10 Signature Name: Ted Kim Title: Chief Operating Officer 2§X 15 City of Santa Ana City Ma20Civic Cene—M31 20 CivirerPlaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 —_ M4) W-5200 r1am�—jFelipe Guerrero (Title: IlPresident ;- Mail -Donation -Check -to Address: 204 N. Susan St. Charitable Ventures of Orange County — ,City, State, zip: ISanta Ana, Calif. 92703 505 E. 17th Street Suite 101 Phmre: 714-566-5513 Emaib godfnanodaol.Corn Santa Ana, CA 92705 a,r; r9TVaniz&l'&hTnfbrmati6rf Name-. ISanta Anita Neighborhood Association Fiscal sponsor is Charitable Ventures of 06 (Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as 'Select One: defined under Section 501(c)(3) of the Internal Revenue Code? I ® Yes No (If No, you will oMyqualiry for a credit for City-relsted costs for your request (Le. permit fees, I staNfime, forfeeNtias tarCrty Yos. rental rates or equipment, eta).Costs services very andif In cvoc-20-8756660 - approved, credit mayor may not cover full cost of requested city services (Tax to M I i IDity Services Credit ` Amount Requested: $ Date Needed: June 8,2018 ,Mayor/Councilmember. ISolorlo byte ent Amount S ,OOO (Event Data: ,June 15, 2015 Event Time: 1 2:00prrl-5:00prn ,Dy jEventLocation: 300 S. Figueroa st. Santa Ana, Calif. 92703 Actress, City, stefe. 21p The Santa Anita Neighborhood Association will be hosting a small event on June 15th to Description of celebrate the new TV and DVD player that will be installed in the center for the Event! Purpose: community to use. Community will benefit from the event, an opportunity to engage children and families Community Benefit I to use the center more often, promote community pride, and get to know other neighbors. 'APDtleant Signature: ---- jJune 6,2018 - m -• s Mall: City Manager's Office—M-31 Email: donatlonmquest@santa na.org 20 Civic Center Plaza Fax: (716) 647-GM P.O. Box 1988 Santa Ana, CA 92702 I Donation Request DR_ .. I Council Meeting Date: June 19, 2018 ta_n - . Eligibility Met: YES I NO YES Approved Amount: $1,000 City Manager signature: Date: Revised 01/05/2017 EXHIBIT 6 29A-26 CITY OF SANTA ANA DONATION AGREEMENT WITH CRIME SURVIVORS INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CRIME SURVIVORS INC. 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 for the DIRECT BENEFIT OF VICTIMS OF VIOLENT CRIME AND PROVIDE SERVICES THAT WILL HELP VICTIMS OVERCOME THOSE CHALLENGES IN ORDER TO CONTRIBUTE TO THE COMMUNITY IN A POSITIVE MANNER ("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 SOLORIO, believes there is a public purpose in supporting the Community Benefit because it WILL PROVIDE THE ART OF HEALING CLASSES TO VICTIMS OF VIOLENT CRIME, AS WELL AS SELF-DEFENSE & SAFETY CLASSES AND AN ARRAY OF SUPPORTIVE SERVICES FOR THE FOUNDER'S BIRTHDAY FUNDRAISING EVENT HELD ON JUNE 28, 2018. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND FIVE HUNDRED SEVENTY-FIVE DOLLARS_($1,575), 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 funds 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 Term. 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 immediate return of all funds 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. 29A-17 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 7 29A-28 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: RCuwLa., A. Laura A. Rossini Senior Assistant City Attorney CRIME SURVIVORS INC., a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Patricia Wenskunas Title: Founder CEO MR 01 City of Santa Ana F-R, iPi�' Donation Request p, City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Contact information 0 Name: Patricia Wenskunas itie: 1 Founder CEO Address: 11301 North Tustin Ave., Suite A city, state, zip: I Santa Ana, CA 92705 Phone: (844) 853-HOPE (4673) Email: patricia@crimesurvivors.org Fax: (775) 245-4798 Organizatiori Information Name: Crime Survivors i Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? I elect One: Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, staff time, rental rates for facilities or equipment,etc.). Costs for City services vary and i/ full City r-yxes._-',[ 30-0229425 approved, credit may or may not cover cost of requested services. Donati6n,Request Cityservices Credit --9--CT7� Date Needed: June ZH, ZO18 Mayoncttuncilmember. I Solorio Amount Requested: Direct Payment Amount 1 575 ,Event Date: June 28. 2018 Event Time: No Set Time Requested: Event Location: F3�Noh Tustin Ave., Suite A Santa Ana, CA 92705 Address, City, State, Zip Description of Founder's Birthday Fundraiser Event for Victim of Crime Programs Event/Purpose: 00% for Victims to have hope, healing, and survival! Direct Program Support for Victims of Violent Crime: Art for Healing Classes, Self Community Benefit: Defense & Safety Classes, PEP Classes, Food, Clothing, Transportation & More Applicant Signature: GQIJ�D Date: June 11, 2018 Return completed Mail: City Manager's Office-M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Win °CT&Lvf Donation Request* Reverence # on all related OPVs DR- Council Meeting Date: June 1$, 2018 Eligibility Met: YES / NO YES Approved Amount: $1 ,575 City Manager Signature: Date: Revised 01/05/2017 CITY OF SANTA ANA DONATION AGREEMENT WITH NEUTRAL GROUND 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and NATIS HOUSE dba NEUTRAL .GROUND 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 for ON- GOING SERVICES PROVIDED TO YOUTH AND FAMILIES TO HELP OVERCOME LIFE CHALLENGES, LEARN WORKFORCE SIZILLS, AND BECOME AWARE OF EDUCATIONAL OPPORTUNITIES. ("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 SOLORIO, believes there is a public purpose in supporting the Community Benefit for NEUTRAL GROUND TO PROVIDE MEDIATION AND INTERVENTION SERVICES TO SANTA ANA YOUTH AND FAMILIES IN NEED THROUGH JUNE 30, 2018. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND DOLLARS ($1,000)' 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 funds 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 Term; 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 immediate return of all funds 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. 29� A1 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 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 trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and bannless 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 terns 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 a 29A-32 •CITY OF SANTA ANA im Attest: Raul Godinez 1I City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Cmalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney NATIS. HOUSE DBA NEUTRAL GROUND, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title:-. 29AT 3 ''p�=' City of Santa Ana City Manager's Office -M-31 �, Y 20 Civic Center Plaza Donation Request P.O. Box 1988 •L� Santa Ana, CA 92702 —' (714) 647-5200 Contact Information Name: Nati Alvarado itie: Executive Director Address: 11920 E. 17th Suite 202 city, State, zip:' Santa Ana, Calif. 92705 Phone: 714-267-_7.747 Email• nati@ngservices.org Pax: - --, Name: INatis House DBA Neutral Ground empt Status: Is your organization a non-profit or public tax-exempt organization as under Section 501(cX3) of the Internal Revenue Code? ou will only qualify for a credit for City -related costs for your request (i.e. permit fees, e, rental rates for facilities or equipment, etc.). Costs for City services vary and if d, credit may or may not cover full cost of requested City services. Select One: Z Yes ❑ No � If Yes, i ax ID #: 1 45-4041042 Donation City Services Credit ount Requested: Date Needed: 6-23-2018 I r Ma ar/Councilmember: Solodo - Direct Payment Amount 1000.00 'Event Date; Event Time: Requested: Event Location: 1825 Civic Center Dr Santa Ana, Ca. 92706 Address, City, State, Zip provides mediation and intervention services to Santa Ana youth andDescription of EventI Purpose: FNasHouse lies in need. The funds from this sponsorship will go towards on -going ram cost and services throuqh June 30, 2018. he community benefits from Natis House services and program by overcoming Community Benefit: life challenges, learning workforce skills, completing educational opportunities. Applicant Signature: .1YCCtGQ�RQ1LQl�Q ,Date: 06-0$-2018 Return completed form via: Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request#: Reference 0 on all related DPVs DR- Council Meeting Date: JUNE 19, 2018 Eligibility Met: YES / NO YES Approved Amount: $1,000 City Manager Signature: Data. Revised 01/05/2017 CITY OF SANTA ANA DONATION AGREEMENT WITH NEUTRAL GROUND 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and NATIS HOUSE dba NEUTRAL _GROUND 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. REcrrAm 2.1 Community Benefit. The City wishes to provide Recipient with funding for ON- GOING SERVICES PROVIDED TO YOUTH AND FAMILIES TO HELP OVERCOME LIFE CHALLENGES, LEARN WORKFORCE SKILLS, AND BECOME AWARE OF EDUCATIONAL OPPORTUNITIES. ("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 VILLEGAS, believes there is a public purpose in supporting the Community Benefit for NEUTRAL GROUND TO PROVIDE MEDIATION AND INTERVENTION SERVICES TO SANTA ANA YOUTH AND FAMILIES IN NEED THROUGH DUNE 30, 2018. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 -tine payment of TWO HUNDRED FIFTY DOLLARS -($250), 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 funds 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 Term: 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 immediate return of all funds 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. EXHIBIT 9 29A-35 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 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 9 29A-36 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney BY _ w,)to, k , R Laura A. Rossini Senior Assistant City Attorney NATIS HOUSE DBA NEUTRAL GROUND; a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 2 E2CI-�IT J / City of Santa Ana Donation Request CIO Manager's Otfiee— M-31 �flvlc Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Contact Information Name: INatiAlvarado File. I Executive Director ddress: 11920 E. 17th Suite 202 Ity, state, MP: Santa Ana, Calif. 92705 hone; 714-267-7747 IEmall: nati@ngservices.org Fax: Name: INatis House DBA Neutral Ground tempt status: Is your organization a non-prord or public tax-exempt organization as under Section 501(c)(3) of the Internal Revenue Code? ou will only qualify fora credit forCify-related costs for your request (l e. permit fees, e, rental rates forfac7illes or equipment, etc.). Costs for City services vary and if d, credit may ormaynot cover full cost of requested City services . . FVJ Yes No raxy"'45-4041042 D N: Donation Request Ily Services Credit Itunount Requested: ate Needed: 6-23-2018 ayoricouncilmember. Yllegas IrectPayment Amount Requested: 250.00 vent Date: 6-23-2-018 veneTime:12:00pm Event Location. Ivic enter r Santa Ana, a. 92706 Address City, State, Zip use provides mediation an intervention services to ants a youth Description of 7andlies in need. The funds from this sponsorship will go towards on -going EventIPurpose: cost and services through June 30, 2018. e community benefits from Natis House services and program by overcoming Community Benefit life challenges, learning workforce skills, completing educational opportunities. Applicant Sig nature: f -!%%� ✓ ate: -08-2Q16 06 Mail: City Manager's Office—M-31 raxa ll: donationrequest@santaana.org 20 Civic Center Plaza (714) 647-6964 P.O. Box 1988 Santa Ana, CA 92702 •� , ,��-,v err, _... .,. ___ .... _. .. _ - _... . Donation Request p: DR. Council Meeting Date: dune ts. 2076 Reference a on all related DPVs Eligibllity Met: YES I NO 'Rs Approved Amount: $250 ' City Manager Signature: Date: 29A-38 Revised 01/05/2017 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY FIRE AUTHORITY- --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 for the FIRE EXPLORERS PROGRAM THAT PROVIDES COMMUNITY SERVICES THROUGHOUT THE CITY OF SANTA ANA, ENGAGE WITH THE PUBLIC, AND ACT AS POSITIVE ROLE MODELS FOR YOUNGER 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 Propose. The City, by recommendation of COUNCIL EMBER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it PROVIDES ON -GOING TRAINING SERVICES AND FUNDS TO SUPPORT COMMUNITY SERVICE RELATED COSTS (FLYERS, GIVEAWAYS, POSTERS, ETC.), SUMMER CAMP TRAINING, AND COMMUNITY EVENTS FOR YOUTH TO LEARN ABOUT THE FIREFIGHTING CAREER PATH AND PROVIDES EMERGECNY PREPAREDNESS SKILLS, FUNDS WILL NOT GO TOWARD RIDE-ALONGS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 SEVEN HUNDRED FIFTY DOLLARS ($750), 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 funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to temunate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; 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 immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) 2W9 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 ternination 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 EXHIBIT 10 29A-40 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA IM Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City 0 ORANGE COUNTY FIRE AUTHORITY FOUNDATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 2WK-41 PhM w. y City of Santa Ana I Donation Request City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 • lion . Name: Samantha Maria Soto itio. Community Relations Specialist ddress: 1439 S. Broadway city, state, zip: Santa Ana, CA 92707 phone: 1714 567 3253 Email: samanthasoto@ocfa.org Fax: IName: (orange County Fire Explorers fiscal sponsor is Orange County Fire Authority Foundation Status: Is your organization a non-profit o Section 501(c)(3) of the Internal Revenue as (Select One: No, you will only qualify for a credit for Cily-related costs for your request (t.is. permit fees, If Yes, iff lime, rental rates for facilities or equipment, etc.).Costs for City services vary and i/ proved, credit may wmay not cover full cost of requested City services. az lD#: Yes ❑ No 27-1064774 Or • •. �City Servlc�s Credit �— Date Needed: flmount Requested: �MayorlCou� ncilmember: Villages Direct�Dfrect=entAmount 5 7 OSOS 00 `Event iRequesled: on -going 1Event Time: e: OCFA Fire Explorer Program Event Location: [120 W. Walnut Address, City, State, Zip anta Ana, CA OCFA Fire Explorers is a GREAT way for the youth of Santa Ana to see first hand what It is to be a firefighter. Description of These funds will support and continue to grow the program, mentoring the youth of Santa Ana. The Explorers Event I Purpose: learn skills that help them in becoming a Firefighter along with life long skills to use, in any career of their choice. Fite Explorers are present at community events and programs, engaging the residents and teilmv youth. They support a safe community and Community Benefit: encouraging Santa Ana Youth to be involved Applicant Signature: Data: June 8,2018 Return"coin feted `form;viab. Mail: City Managers Office —M-31 all: donationrequest@santa-ana.org 20 Civic Center Plaza X. (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request#: Relurence # on all related DPVs DR- Council Meeting Dale: 19, 2018 Eligibility Met: YES I NO YES Approved Amount: F$7 City Manager Signature: I Date: Revised 01/05/2017 EXHIBIT 10 29A-42 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA PUBLIC SCHOOLS FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA PUBLIC SCHOOLS FOUNDATION (FISCAL SPONSOR FOR SAUSD EXPLORERS) 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 for ON- GOING SERVICES THROUGH JUNE 30, 2018 FOR THE SANTA ANA UNIFIED SCHOOL DISTRICT EXPLORERS WHO PROVIDE COMMUNITY SERVICE ASSISTANTS THROUGHOUT THE CITY FOR VARIOUS EVENTS AND ORGANIZATIONS. THE SAUSD EXPLOERS PROGRAM ALSO PROMOTES CAREER PATHWAYS IN LAW ENFORCEMENT FOR YOUTH IN SANTA ANA ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terns and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it PROMOTES CAREER READINESS, ENCOURAGES HIGHER EDUCATION, AND PROVIDES COMMUNITY SAFETY THROUGH THE SERVICE PROVIDED WITH THE SAUSD EXPLORERS PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERAIS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500),_bccause 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 funds 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 immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) 2WWAT 43 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 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 Bencft, including, but not limited to, the possibility of death or serious trauma 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 perforniance 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 2 A-44 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 14"IW9FA 1►WW" By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Fang: Sonia R. Carvalho City Attorney By: _ " /1V• fic,.,A 661in M. Funk Assistant City Attorney SANTA ANA PUBLIC SCHOOLS FOUNDATION (FISCAL SPONSOR FOR SAUSD EXPLORERS), a 501(c)(3) NON-PROFIT ORGANIZATION 0 Signature Name: 29AI45 City ranager's ONica - m-31 •'=; - City of Santa Ana 20 Civic Cen ter Plaza '"` P.O. Box 1938 !' Donation Re uest ri Santa Ana, CA 92702 C_ (711) 647-5200 Name: jJanelle McLoughlin / Santa Ana Public Schools Foundation Title: CHIEF FINANCIAL OFFICER 'Address: 16 11 East Chestnut Avenue City. State, z;p: ,Santa Ana, CA 92701-6322 --�-- - - _(Phone: - _ 714-349-2722-- -�- Email: Ijanellemcloughlin@gmail.com Fax: I _ Name: SANTA ANA PUBLIC SCHOOLS FOUNDATION Tax•Exem t Status: Is our organization a non-profit or public tax-exempt organization as r p y P W p y Select One: 'defined under Section 501(c)(3) of the Internal Revenue Code? If No o11 nl 1' for a credit for Cif •relatcd costs for your request( a permit fees r— Yes ❑ No , you yqua ,fyy If Yes, staff time, rental rates for hecdilies or equipment. etc.) Costs for City services vary and it '27_3210071 'approved, credit may or may not cover full cost of requested City services. iTax to P: City Services Credit 15 Date Needed: MayorlCounellmember: iviliecas Amount Requested: I (Direct Payment Amount �I I 'r Requested: I$SOO.00 Event Date: I On -going Event Time: j On -Going _ Event Location: Ana School Police - 1601 E. Chestnut Avenue, Santa Ana, CA 9270.1 Address. Ciry, send. rr various sites throughout the City of Santa Ana iDescription of �SANTA ANA UNIFIED SCHOOL DISTRICT EXPLORES PROGRAM Post 490 is ;Event I Purpose: j designed to build character, leadership shills, establish an appreciation for community service and build good citizen habits. The program is a career -oriented program to_provide — _ -- — — young individuals to explore firsthand a career in law enforcement. ,Community Benefit: youth and community will benefit in this program in a variety of ways with a practical sen , and insi to la1 of rcement tvhile.providing colpglunity serv7ice to residents: --- !Applicantsignature: /�//% mate: t�7 i'6J, Mail: City Manager's Office-M•31 Email: donatfonrequestdsanla-ana•org I 20 Civic Center Plaza Fax: (714)647.6954 P.O. Box 1988 Santa Ana, CA 92702 Dena U:�u Ftrqunsi F: OR June 19,2019__ E hp�tititY r.101 5"ES , NO YES Appro+co :.mnurc $500 City Gionap o: 5:nmm�mo Il.ue: Revised 01(05P1017 :9K 1-46 1 CITY OF SANTA ANA DONATION AGREEMENT WITH SOUTHLAND INTEGRATED SERVICES, INC. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SOUTHLAND INTEGRATED SERVICES, INC. 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 for THE SENIOR CITIZEN PROGRAM EVENT THAT WAS HELD JUNE 16, 2018 OFFERED FREE ACTIVITIES FOR THE COMMUNITY THAT SHOWCASED THE ARTWORK AND ACTIVITIES FROM THE SENIORS ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terns and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it SUPPORTED THE SENIOR CITIZEN EVENT HELD JUNE 16, 2018, PROMOTED HEALTH AND SERVICES FOR SENIORS IN SANTA ANA. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 FOUR HUNDRED AND TWENTY-FIVE DOLLARS ($425), 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 finds, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the funds 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 finds. 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 immediate return of all funds 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. 2WK- / 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 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 Oversi hg t 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 traunma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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. CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: %W, _f, f� m M.Funk Assistant City Attorney SOUTHLAND INTEGRATED SERVICES, INC., a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Tricia Nguyen Title: Chief Executive Officer 3 • City of Santa Ana s F7 Donation Request Z peme: Tricia Nguyen ddross: 1618 West First Street stato,Zlp: (Santa Ana, CA, 92703 tnguyen@soulhlandintegrated.org IName: Southland Integrated Services, Inc Tax -Exempt Statue Is your organization a non-profit or publle tax-oxampt orpaidzatlon es' 'Select One: Oned under Sedlon 601(ox3) of Die Internal Revenue Code? ' N No. you will oNy quaRy fera Credit for CiWelated costs for yourrequest (i.e. permit fees, staff time, fentalrafes forfacrOAs or wdpmon4 etc.). Casts for Coy services varyomfif 7IrYea, proved, credit may or may not cover fu0 cod ofrequesled City services. liax ID 0. �tly services Credit ale Neededayor/CouncilmonAount Requested: II I0i irect Payment Amount s425 Event Date: i Requested: + I 6/16/18 (Event Time: Event I-ocatiom `1618 West First Street, Santa Ana, CA 92703 of Community Benefit: City Manager's OBke—M-31 20 Civic Center Plaza P.O. Boy 1988 Santa Ana, CA 92702 (714) 647-5200 Chief Executive Officer 1714-620-7007 I714-620-7097 — ZYes O No Senior citizen program event will be hosted on June 16th, free to the community at the Southland Integrated Services where activities will be showcased for frl The seniors will display their artwork and activities to the community. Provide senior services and activities to the seniors at Southland Health Center. The objective of the services is to keep our senior community active, engaged, healthy, and happy, which is a benefit to the entire community of Santa Ana. ltlrtt':1, !Date I05/30/201 g (Mail: City Manager's Office —M31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 nlf m!at•JOVVv EII9lblllty Met: Gly Mnnn�er Signaturo: Emall: donationroquest@santa-ana.org Fax: (714)647.6954 - l Council Meeting Dale JUNE 19, 2018 1 iApproved Amount:$425 . I. Bale: i Revised 01105M017 29AIT t0 CITY OF SANTA ANA DONATION AGREEMENT WITH RAINMAKER EFFECT, INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and RAINMAKER: EFFECT, INC. 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 for ON- GOING PROGRAM SERVICES WITH THE RAINMAKER EFFECT LEADERSHIP PROGRAM OFFERED AT SADDLEBACK HIGH SCHOOL THAT INCREASES LEADERSHIP SHILLS, BUILDS CHARACTER, AND PROVIDES MENTORING FOR 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 TINAJERO, believes there is a public purpose in supporting the Community Benefit because it WILL SUPPORT ON -GOING PROGRAM SERVICES THROUGH JUNE 30, 2018 FOR HIGH SCHOOL STUDENTS TO IMPROVE LEADERSHIP SILLS AND CONTRIBUTE POSITIVELY TO THE COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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 ONE THOUSAND DOLLARS ($1;000), 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 funds 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 Term; 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 immediate return of all funds 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. IIT 3.3 Waivers. Insurance or Other Obligations. For proposes 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 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 fonns, 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 13 29A-52 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: ;ou %� • IL(9�/�1�4�L1 Laura A. Rossini Senior Assistant City Attorney RAINMAKER EFFECT, INC., a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: John Herpy Title: President 29A-53 City Manager's Once — M-31 Cif of Santa Ana y 20 Civic Center Plaza Donation Request P.O. Box 1988 LL� _ Santa Ana, CA 92702 (714) 647-5200 Name: John Herpy Title: President address-124 Via Bella, Suite 43 City,s� tale, zip: Rancho Mirage, CA92270 Phone: 562.221.7145 Email: john.herpy@RainmakerEffect.Org Pao—� • !:1 .t 1 . u. .1 Name: Rainmaker Effect, Inc. Tax. Exempt Status: Is your organization a non-profit or public tax-exempt organization as ! Select One: defined under Section 501(c)(3) of the Internal Revenue Code? -Z Yes ❑ No af No, youwillonly quality for a credit for City-relatedcosts foryourrequest(i.e. permft fees, I-- It Yes, afRime, rentalratesfor facilities or equipment,etc.).Costs for City services vary and if �7-4654535 pproved, credit may ormay not cover full cost of requested City services, �ax ID 0: cityservia� $J es credit _ une 30, 2018 ate Needed: Tinajero !Amount Requested: IIMayodCoundlmember, E1000.00 Event Date: Event Time: IDirect Payment ment Amount I1—��` On Various IRequested: I i -Going � Event �oeation: Saddleback High School, 2802 South Flower St, Santa Ana, CA 92707 Address, Cilg Sfafe, Zip �Description of Rainmaker Effect Leadership program (Reaching Outwards for Outrageous EventI Purpose: Team Results - ROOTS) Community Benefit: Providing program support for fourth consecutive year of high school student Sth through 12th grade) leadership and character building at Saddleback High School. Program continues to foster and grow mentors both inside the school and outside including on campus staff, outside adult volunteers, and graduated SHS seniors that have participated in the program and have returned to support the ROOTS program. Applicant Signature: � fj— I ate: 06/07/2018 Mail: City Manager's Office —M-31 Email: donationrequest@santa•ana.org 20 Civic Center Plaza Fax: (714) 647-6964 P.O. Box 1988 Santa Ana, CA 92702 Donation Request#o DR-— v ,�:„`., •,: re „_„ - na I Council Meeting Date: JUNE 19, 2018 Eligibility Met: YES 1 NO Approved Amount: KOM City Manager Signature: t Date: i Revised 01105r2017 EXHIBIT 13 29A-54 CITY OF SANTA ANA DONATION AGREEMENT WITH I IDWORKS COMMUNITY DEVELOPMENT CORPORATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City) and I IDWORKS COMMUNITY DEVELOPMENT CORPORATION 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. RECrrALs 2.1 Community Benefit. The City wishes to provide Recipient with funding for the ANNUAL COMMUNITY RESOURCE FAIR PUT ON BY THE TOWNSEND RAITT AND MYRTLE ST. TASK FORCE, A COLLABORATION WITH LOCAL SCHOOLS, CHURCHES, PROPERTY OWNERS, AND NON-PROFIT ORGANIZATIONS THAT PROMOTE SAFETY, QUALITY OF LIFE, AND INCREASED ACCESS TO COMMUNITY RESOURCES. ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it HOSTED ITS ANNUAL COMMUNITY RESOURCE FAIR EVENT ON MAY 12, 2018. THE EVENT ENTITLED, `BUILDING BRIDGES OF UNITY", WAS FREE TO THE COMMUNITY AND THE GOAL WAS TO' INCREASE AWARENESS AND ACCESS TO HEALTH RELATED SERVICES AND TO STRENGTHEN THE LOCAL COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose 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), 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 fimds 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 Term: 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 immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) 2 gXT-85 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 maybe 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 2W66 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: By. Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: A k • Qwsu, . Laura A. Rossini Senior Assistant City Attorney KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 29A 57 w City Manager's Office - M-31 aQr City of Santa Ana 20 Civic Center Plaza �.:. f. Donation Request P.O. Box 1988 Santa Ana, CA 92702 -- (714) 647.5200 r • a _ ,Name: Frank BeiaranO tie: O'vecmatroum and Pwm7y Eneapmmem Address: 11902 W. Chestnut Ave. (City, State, zip: — Santa Ana, CA, 92703 IPhon�— 714-834-9400 IEma1r I: frank@kidvvorkSOC.org Fax: 714-834-9494 Name: KidWorks Community Development Corp. Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: dellned under Section 501(c)(3) of the Internal Revenue Code? Z Yes ❑ No If No, you will only quality for a credit for City -related costs foryourrequest p.e. permit fees, f Ye7 s,ax ISIaOtime, rental rates lorlac8ilies or equipment etc.).Costs for City services valy andif LL [74-3081569 pproved, credit mayormaynot coverlull cost of requested Cityservices. j lD#:p ICItYSemicr- es Credit —pates Needed, Requested: ayorlCounclimember. Sarmiento Amount Direct Payment Amount �I �— s500 Date: May 12, 2018 Time: 1O:OOAM-2:OOPM Requested: 'Event Invent Event Location: 1850 W. WI illits St. Santa Ana, CA 92703 Address, CW,, State, ZFp ...r..�ewo«Nay..wr.gas.mmy..eo-ewm.e..w.,m^r^...m.wee.a�Nn.v�.ni....u.r�.•..r.nno--.M «.r.—wgm.earm .uxus•Tin.wnelunu.em-un.M.mna,w«canna.wee ynwn.mrnw.un.caw^a+�^�.aww,.wv«•e4D.�Nr.nnw.fmvy N«l�env, Description of h-eraew,nut.anu^cam».-+e.naaw�+wm.,es.a...n.+ewya,nrnh.um,.«waneru..«v=+wmwp' .run«.a++s .,«,..w�..,...,...w...,...�,�..�.,.....can.�,,.,n...,.n-u...�..n..m........�..n.n,.,•......,,,.nnm..: Event I Purpose: .m.•..d.,e.^«,varnev.eeu i n.e-...Tien✓,n.e-aw.a%<nemn-.Tuwnn+........u�a.m,namua.e...aenv.w.^w®m...w. n.rna®m.c^re..«wowu-w.+..-. w... �wrnc-.+uw....uwn..s.owe-.s.«W n..s+.uw• .unc-wr.w.e.a.ev+.an..o. ICommunit Beneflk y I.a�.rw«.�u.v�i..�na �"�w `w..�w.epn +�m.,�..w�..n�i u`.'wu+a .w�.eun�'da•••�„«�•.un wn...nrw,.... 77.n.eo.,. Applicant Signatu ate: O 1G. ZJJB wo Mail: City Manager's Office -M-31 Email: donationmquest@santaana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request DR — Reference dun all related DPVs Council Meeting Date: j Eligibility Met:YES / NO Approved Amount: � City Manager Signature: I Date: Revised 01/05/2017 29ATs58 CITY OF SANTA ANA DONATION AGREEMENT WITH COMMUNITY ENGAGEMENT INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and COMMUNITY ENGAGEMENT' INC. a California 501(e)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. Rwrms 2.1 Community Benefit. The City wishes to provide Recipient with funding for THE CUANO'S EL CANCION DEL WMIGRANTE EVENT HOSTED AT THE BOWERS MUSEUM ON MAY 12, 2018. THIS EVENT WAS FREE TO THE COMMUNITY AND PROVIDED CULTURAL ACTIVITES FOR SANTA ANA RESIDENTS. ("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 Purnose. The City, by recommendation of MAYOR PULIDO, believes there is a public purpose in supporting the Community Benefit for THE COMMUNITY OF SANTA ANA TO ENHANCE THE APPRECIATION OF ARTS &c CULTURE, WHILE HIGHLIGHTING LOCAL ARTISTS, AND ENGAGING THE COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDTTIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), 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 fiends only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds 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 Term: 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 immediate return of all funds 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. UHLBIT A-5 299 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 Authori!ytoBnterAgreernen. 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 15 29A-60 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By:19�(h. Laura A. Rossini Senior Assistant City Attorney COMMUNITY ENGAGEMNT INC., a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 29%1-61 City of Santa Ana ?` }' Donation Request City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 'Nam Allen Moon ! ide: Program Director /lddresl s: 3920 Birch Street, Suite 103 (city, Sty ate, zip:: I Newport Beach, CA 92660 j Phone: 323-449-4823 mall: aiienscottmoon@gmail.com Fax: i Name: IlCommunity Engagement Inc. 1:1 empt Status: Is your organization a non-profit or public tax-exempt organization as under Section 501(cX3) of the Internal Revenue Code? ou will only qualify for a credit for City -related costs for your request (i.e. permit fees, e, rental rates for facilities or equipment, etc.). Costs for City services vary and if d, credit may or may not cover full cost of requested City services. :ct One: F/_1 Yes ❑ No 'ID#: 47-4600334 Donation City Services Credit ([mount Requested: Dates Needed: —I ayorlCou'M ncilmember:' Pulido irgectPaymentAmount �� 5pm 7,500 Event Date: 5/12/18 vent Time: Re nested: Event Location: Bowers Museum 2002 N, Main St., Santa Ana, CA 92706 Address, City, State, Zip rday, May 12th, Santa Ana Sites presented Cufiao's El Cancitin del Inmigrante at the Bowers Musueum. Description of FTOheconcertwas free to the public and was produced by Santa Ana Sites, under the fiscal and administrative i Event I Purpose: a of Community Engagement, a non-profit that facilitates culttural activities within the city of Santa Ana. and culture provides an array of community benefits from community pride, to historical information, Community Benefit: rappryec iationofthe arts, and motivation to the community to express their talents through the arts. Santa Ana has ntalented artists and the events sponsored through these funds acknowledge arts & culture. Applicant Signature: nn_ nI_ nta Date: rand .encourage 6/ 13/ 18 Mail: City Manager's Office —M-31 i Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 ! LlWifF�C)1W Donation Request #: Reference # on all related DPVs DR • Council Meeting Date: June 19, 2018 Eligibility Met: YES / NO YES Approved Amount: $7,500 City Manager Signature: Date: Revised 01/05/2017 CITY OF SANTA ANA DONATION AGREEMENT WITH MADISON PART{ NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 1% 2018, by and between the City _ of.. Santa, Ana, a municipal corporation ("City") and MADISON PARK -NEIGHBORHOOD ASSOCIATION 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 for AN EVENT INVITING SPONSORS AND COMMUNITY RESOURCES TO PROVIDE SERVICES, ACTIVITIES AND EVENTS CONDUCTED BY THE MADISON PARK NEIGHBORHOOD ASSOCIATION TO EMPOWER RESIDENTS TO MAKE HEALTHIER LIFE CHOICES. ("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 BENAVIDES, believes there is a public purpose in supporting the Community Benefit to HOLD A 5K WALK AND PROVIDE SECURITY FOR THE ATTENDEES TO SAFELY PARTICIPATE IN THIS EVENT HELD BY THE MADISON PART{ NEIGHBORHOOD ASSOCIATION THAT WILL EMPOWER THE YOUTH AND FAMILIES TO BECOME ENGAGED AND ACTIVE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Punds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500); because the City has determined that there is a public purpose to be served in supporting the Commnunity 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 funds 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 Term: 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 immediate return of all funds 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. 2WK-t3 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 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 trauma 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 any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any 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 perfonn 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 16 29A-64 CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: �Qii ut9y h . 1-" Laura A. Rossini Senior Assistant City Attorney MADISON PARK NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Title: 2WK t5 w City Manager's Office - M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 - (714) 647.5200 UritacUnf .rJoseoJ Name: Rea iTia(MPNATreasurer �4ddress: _^ I516 E. OccidentaL St. r —_« city, state, zip: !Santa Ana, CA 92707ph,nl e, 714-357-6697 k di �mason arna ma.com Email: p �gi1`:Fax: O o. r s t t p. • r N e: [Madison Park Neighborhood Association (MPNA) i Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? ISelect One: i � Yes ❑ l9n IfNo, youwill only qualify for a credit for City -related costs foryour request (i.e. permit fees, 'If Yes, staff5me, rental rates for facilities or equipment, etc.). Costs for City services vary and if 180-0201690 ,approved, credit may or may not cover full cost of requested City services. :Tax ID 6: i tia l- •1. � City Services Credit I I I S Date Needed: i6/30/18 'Amount Requested: IMayorlCouncilmember: iBenavides Direct Payment Amount $5�00 Date: I 8 i.)1IE2018 £oerrt Time: 17 ma - 1pm IEvent Requested: Evens Location. Madison Park 1528 S Standard Ave, Santa Ana, CA 92707 IAdGN State, zip i —� ;This year residents will complete a 5k walk along the bike trail from Edinger to IDescription of i Chestnut Ave. Two police officers are needed at intersections that lack stop signs IEventIPurpose: Ito ensure the safety of the participants. i MPN invites sponsors and community resources, which provided services to our Community Benefit: ;community to empower residents to make healthier life choices. We anticipate an ;attendance of approximately 1,500, which consist of adults and children. ;Applicant Signature:—�. 'Data: �Mail: City Manager's Office-M-31 Email: donafionrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request#: i DR- I June 19, 2018 Council Meeting Date: R.ererence a att all related 0PVs ! I Eligibility Met: YES I NO YES Approved Amount: $500 City Manager Signature: ;Date: I -- - Revised 01ID52017 2�i�T 626 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: ADOPT A RESOLUTION AUTHORIZING BRISTOL STREET URBAN GREENING GRANT PROGRAM APPLICATION (STRATEGIC PLAN NO. 5, 6F) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 211 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution which authorizes submittal of two grant applications for the Urban Greening Grant Program in the total amount of $4,269,874. DISCUSSION The Urban Greening Grant Program is administered by the State of California Resources Agency, and funds will be provided to preserve, enhance, increase, or establish community green space in California. The total Urban Greening grant funding available for Fiscal Year (FY) 2018-19 is $24.7 million statewide. A resolution from the City Council authorizing Public Works Agency staff to submit the applications for funding consideration is required by the grant application process (Exhibit 1). The resolution is due to the State Resources Agency prior to site visits for selected projects. Grant funds are anticipated to be awarded in November 2018. In April 2018, the Public Works Agency submitted preliminary concept applications under the grant's Call for Projects for Bristol Street Active Transportation and Urban Greening Improvements. The proposed project includes the addition of a 6-foot parkway; installation of bio-swales to percolate any street water runoff; drought -tolerant native planting, drip irrigation, canopy trees for shade and heat reduction and reduction of greenhouse gas emissions; an 8-foot ADA-compliant pedestrian sidewalk; a 6-foot concrete bike lane; and a 4-foot landscaped buffer to separate the bicyclists from motorized vehicles. Other key features include interpretive bikeway signage and pavement markings, which are intended to educate the public on designated conflict zones. The total estimated cost is $4,269,874. Given the importance of greening public lands and structures, and active transportation enhancements to public health and safety, staff recommends that the City Council adopt the resolution to complete eligibility requirements for this grant application. 55A-1 Resolution Authorizing Urban Greening Grant Applications June 19, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy F (incorporate health and wellness into all applicable policies and plans [e.g., General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.]). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT No City funding match is required for this grant program. Edwin "William" Galvez .E. Acting Executive Director Public Works Agency EWG/JG/HG Exhibit 1: Resolution 55A-2 imf 5114118 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPLICATIONS FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the Califomia Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council approves the filing of applications for the Bristol Phase 3A and Bristol Phase 4 Active Transportation and Urban Greening Improvements Projects. Section 2. The City Council certifies that applicant understands the assurances and certification in the application. Section 3. The City Council certifies that applicant or title holder will have sufficient funds to operate and maintain the projects consistent with the land tenure requirements; or will secure the resources to do so. Section 4. The City Council certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code. Section 5. The City Council, if applicable, certifies that the projects will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained. Resolution No. 2010-= Page 1 o13 90 imf 5/14/18 Section 6. The City Council certifies that applicant will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1. Section 7. The City Council appoints the City Manager or the Director of Public Works, or their designee, as agent to conduct all negotiations and execute and submit all documents Including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned projects. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2018-xXx Page 2 of 3 55A-4 jmf 5114/18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12018. Date: Clerk of the Council City of Santa Ana Rm uUon No. 2018-W Page 3 of 3 55A-5 y REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: ADOPT A RESOLUTION TO MAINTAIN MEASURE M2 FUNDING ELIGIBILITY BY APPROVING A PAVEMENT MANAGEMENT PLAN UPDATE (STRATEGIC PLAN NO. 6, 1A, B, F, G) t74BW <<^ r CITY RANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a Resolution confirming the status and update of the Pavement Management Plan (PMP) per Orange County Transportation Authority (OCTA) 2018-19 Measure M2 eligibility requirements. DISCUSSION In November 1990, Orange County voters approved Measure M, a one-half cent sales tax increase for 20 years, to fund transportation projects in Orange County. Sixteen years later, in November 2006, the voters again approved the Renewal of Measure M, referred to as M2 for an additional thirty years. M2 became effective in April 2011, and the net revenues generated by M2 contribute to two (2) types of funding: Local Fair Share (LFS) and Competitive. All Orange County cities are eligible for LFS funding which is distributed on a formula -based allocation determined by population, number of existing Master Plan of Arterial Highways centerline miles, and taxable sales. However, under the competitive component of the M2 funding, Cities must compete and be successful to receive grant monies. Fulfilling M2 eligibility requirements will also allow the City to qualify for other regional competitive M2 grant funding opportunities. The Orange County Transportation Authority (OCTA) determines annual eligibility for M2 funds based upon specific elements that cities must meet prior to June 30 of every year. In order to maintain M2 eligibility for Fiscal Year 2018-19 (FY18-19), the City must update and adopt via Resolution, a Pavement Management Plan (PMP) biennially. The PMP is the City's strategic plan to manage the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads. A copy of this PMP with a certification must be submitted to OCTA by June 29, 2018. 55B-1 Resolution for Pavement Management Plan Update June 19, 2018 Page 2 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 A (Develop a complete inventory of all assets to determine the scope of improvements needed to sustain the City's current infrastructure investment); Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users); Strategy F (Perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs in future budgets); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The recommended actions will continue the City's eligibility to receive Measure M2 funds. Upon meeting OCTA eligibility requirements, the City of Santa Ana is anticipated to receive an estimated $4.8 million in LFS funds and $15.2 million in M2 competitive funds for FY 2018-19. In the past, the City has received an average of $20 million in combined annual revenue from M2 LFS and competitive fund program allocations. Edwin "William" Galy z, P.E. Acting Executive Director Public Works Agency EWG/JG/HG Exhibits: 1. Pavement Management Plan Resolution 2. 2018 Pavement Management Plan 55B-2 jmf 5/17/1 B RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority ("OCTA") In order to remain eligible to receive M2 funds. B. The City of Santa Ana is required to adopt and update a Pavement Management Plan ("PMP"), using the required format, regarding the status of road pavement conditions and implementation of the PMP on a biennial basis. C. The City of Santa Ana is required to provide a plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads. Section 2. The City Council hereby declares that the PMP Is In conformance with the PMP Submittal Template provided In the Countywide Pavement Management Plan Guidelines. Section 3. The City of Santa Ana hereby adopts a PMP and has provided an updated PMP report, using the required format, to OCTA. Section 4. The City Council authorizes the Executive Director of the Public Works Agency, the City Engineer, or his or her designee to sign the PMP certification form. 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. Resoiulion No. 2010-xXX Page 1 of 2 jmf 5/17/18 ADOPTED this _ day of .2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: VIAw John M. Funk Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2010-XXX Page 2 of 2 55B-4 Exhibit 2 CITY OF SANTA ANA 2018 PAVEMENT MANAGEMENT PROGRAM •mil � •.. i � r1..4 Vl a �L May 2018 Table Of Contents TABLE OF CONTENTS TABLEOF CONTENTS................................................................................................................1 EXECUTIVESUMMARY .......................................................................................................... E-1 1.0 INTRODUCTION.................................................................................................................1-1 2.0 METHODOLOGY ................................................................................................................2-1 2.1 Inventory ........................................................................................................................2-1 2.2 Planning.........................................................................................................................2-2 2.3 Data Collection...............................................................................................................2-2 2.4 Data Entry ......................................................................................................................2-2 2.5 Analysis..........................................................................................................................2-3 3.0 PAVEMENT NETWORK.....................................................................................................3-1 3.1 Functional Classifications...............................................................................................3-2 3.2 Pavement Condition Index.............................................................................................3-4 3.3 Existing Pavement Condition.........................................................................................3-5 4.0 MAINTENANCE AND REHABILITATION STRATEGIES..................................................4-1 4.1 Treatment Types and Associated Costs........................................................................4-1 4.2 Funding..........................................................................................................................4-5 4.3 Budget Alternatives.......................................................................................................4-6 4.3.1 Existing Funding....................................................................................................4-7 4.3.2 Alternative Funding Levels Required To Maintain Existing PCI ..........................4-10 4.3.3 Alternative Funding Levels Required To Improve PCI........................................4-13 APPENDIX I: ENTIRE PAVEMENT NETWORK PCI REPORT APPENDIX II: ARTERIAL STREETS 7-YEAR M&R PLAN APPENDIX III: LOCAL STREETS 7-YEAR M&R PLAN APPENDIX IV: QUALITY ASSURANCE/QUALITY CONTROL PLAN APPENDIX V: PAVEMENT MANAGEMENT PLAN AGENCY SUBMITTAL City of Santa Ana 2018 Pavement Management Program 55B-6 Table Of Contents FIGURES Figure E-1: PCI Distribution for 2014 and 2016........................................................................ E-1 Figure 2-1: Sample Pavement Deterioration Curve...................................................................2-3 Figure 3-1: Entire Pavement Network Summary .......................................................................3-1 Figure3-2: Arterial Street...........................................................................................................3-2 Figure3-3: Local Street.............................................................................................................3-3 Figure 3-4: Current PCI Distribution (Entire Pavement Network)..............................................3-5 Figure 3-5: Current PCI Distribution (Arterial Network)..............................................................3-6 Figure 3-6: Current PCI Distribution (Local Network)................................................................3-7 1 Table E-1: Funding Alternatives Summary ............................................................................... E-4 Table 3-1: Current Entire Pavement Network Summary .............................................................3-1 Table 3-2: Pavement Condition Index and Treatment Type......................................................3-4 Table 3-3: PCI Distribution Comparison (2016 vs. 2018)..........................................................3-5 Table3-4: PCI Distribution.........................................................................................................3-8 Table 4-1: Cost by Condition (Arterial Network)........................................................................4-3 Table 4-2: Cost by Condition (Local Network)...........................................................................4-3 Table 4-3: Existing Funding (Entire Pavement Network)...........................................................4-8 Table 4-4: Existing Funding (Arterial Network)..........................................................................4-8 Table 4-5: Existing Funding (Local Network).............................................................................4-9 Table 4-6: Alternative Funding Levels Required To Maintain Existing PCI (Entire Pavement Network)....................................................................................4-11 Table 4-7: Alternative Funding Levels Required To Maintain Existing PCI (Arterial Network)...................................................................................................4-11 Table 4-8: Alternative Funding Levels Required To Maintain Existing PCI (Local Network)......................................................................................................4-12 Table 4-9: Altemative Funding Levels Required To Improve PCI (Entire Pavement Network)....................................................................................4-14 Table 4-10: Alternative Funding Levels Required To Improve PCI (Arterial Network)...................................................................................................4-14 Table 4-11: Alternative Funding Levels Required To Improve PCI (Local Network)......................................................................................................4-15 City of Santa Ana 2018 Pavement Management Program 55B-7 ACRONYMS AC Asphalt Concrete ASTM American Society of Testing Materials AV Avenue BLVD Boulevard CDBG Community Development Block Grant CIP Capital Improvement Program CIR Circle CIR Cold In -Place Recycling City City of Santa Ana COMM Common CT Court CTB Cement Treated Base DR Drive EB East Bound FDR Full Depth Reconstruction FWY Freeway FY Fiscal Year GIS Geographical Information System GN Glen GPCE General Plan Circulation Element HUTA Highway Users Tax Account LN Lane M&R Maintenance and Rehabilitation MPAH Master Plan of Arterial Highways NB North Bound OCTA Orange County Transportation Authority PCC Portland Cement Concrete PCI Pavement Condition Index Pa. Average Area -Weighted Pavement Condition Index PDC Pavement Deterioration Curve PL Place PMP Pavement Management Program RD Road RR Railroad RSRP Residential Street Repair Program SB South Bound SF Square Feet ST Street WB West Bound WY Way Uity of Santa Ana 2018 Pavement Management Program 55B-8 Executive Summary EXECUTIVE SUMMARY The City of Santa Ana (City) Public Works Agency utilizes StreetSaver and geographical information system (GIS) to develop the Pavement Management Program (PMP) to provide an accurate inventory of the current and projected pavement condition of all public roadways and to implement a seven-year roadway maintenance and rehabilitation (M&R) program to maximize the return from available existing funding for street pavement. The PMP's ultimate goal is to effectively strategize short and long-term usages of current and future limited funding to restore and maintain the entire street pavement network at "Good" condition or better. The City currently manages 422.8 centerline miles of streets for a total of approximately 95.7 million square feet (SF) of paved surfaces. To be consistent with the City General Plan Circulation Element Master Plan of Streets and Highways and the Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways (MPAH), the entire street pavement network is organized into two networks (arterial and local) depending on its functional classifications (i.e. major, primary, secondary, and collector arterial streets; residential and non- residential local streets). There are 106.2 centerline miles (25% of entire pavement network) in the arterial network and 316.6 centerline miles (75% of entire pavement network) in the local network. To assist planning maintenance needs, the streets are also arranged into over 4,300 sections and classified by surface types — Asphalt Concrete (AC) or Portland Cement Concrete (PCC). Figure E-1: PCI Distribution for 2016 and 2018 ■ Arterial 2016 ■ Arterial 2018 ■ Local 2016 ■ Local 2018 100% 90% o 80% 0 70% of 60% 0 50% v 0 40% Q m o ti 30% N O N ry N N 20% NNE m� o c 10% W n o O 0% 0-40 41-59 60-74 75-85 86-100 Very Poor Poor Fair Good Very Good City of Santa Ana 2018 Pavement Management Program E-1 55B-9 Executive Pavement condition inspections are performed biennially for both the arterial and local networks. Figure E-1 shows a comparison of the Pavement Condition Index (PCI) distribution between the 2016 and the 2018 inspections. The PCI is a numerical value ranging from 0 for deteriorated pavement with virtually no remaining life to 100 for new or recently rehabilitated pavement. Generally, the PCI value is expressed as an area -weighted PCI (PC[,,) to provide a more representative value. A PCI value is computed for each street section based on the pavement distresses found within that section during an inspection. Inspections provide the data utilized in analysis and surface treatment recommendations for each street section; however, the PCI values shall be utilized for planning purposes in determining the surface treatment types and are not intended to replace sound engineering judgment. In general, the City's strategies involve the utilization of surface seals, such as crack sealing or slurry sealing for preventive maintenance and rehabilitation (M&R) of streets in "Good" condition and major M&R plans typically consist of overlays, such as thin overlays, for "Fair" condition streets; resurfacing, such as structural overlays or cold -in -place recycling (CIR), for "Poor" condition streets; and reconstruction, such as cement -treated base (CTB) or full depth reconstruction (FDR), for "Very Poor" condition streets. A fully -integrated PMP has had a positive effect on improving the City's entire pavement network by developing efficient M&R strategies and analyzing the effect of various funding alternatives on the pavement conditions. The strategies include forecasting optimal time for M&R needs, providing cost-effective alternatives for halting the deterioration of existing pavement, improving the overall condition of the entire pavement network, and reducing the backlog of M&R work over the next seven years. To carry forward one of the City's main objectives in providing a safe, reliable, efficient, and comfortable driving environment, this PMP report analyzes various M&R strategies, the effect of the City's existing Capital Improvement Program (CIP) funding on the street pavement system, and projected funding to both maintain and improve existing PCI.„, over a seven-year plan. With existing funding of approximately $59.3 million for the entire pavement network over the seven-year period from Fiscal Year (FY) 2018/19 through FY 2024/25, the entire pavement network existing PCI,, of 78 is projected to decrease by 10 percent to 70 at the end of the seven-year cycle under existing funding levels. Individually, the arterial and local networks are projected to experience a similar decrease in existing PCI.., 15 percent and 10 percent, respectively. Furthermore, the backlog for the entire pavement network is projected to increase by 89 percent from $146.4 million in the first year to $276.4 million in the seventh year. If the existing PCI,, of 78 were to be maintained at the end of the seven-year cycle, a total of $103.2 million in additional funds calculated at about $14.7 million annually would be required; thus providing for a total alternative funding level of just over $162.5 million through FY 2024/25. The additional funding would be applied to both the arterial and local networks at 46.7 percent ($48.2 million) and 53.3 percent ($55 million), respectively. Furthermore, with this additional funding, the backlog for the entire pavement network is projected to diminish by 3 percent from $146.4 million in the first year to $141.8 million in the seventh year. City of Santa Ana 2018 Pavement Management Program E-2 55B-10 Executive Summary If the existing PCI,,H were to be improved by 1 point to 79 at the end of the seven-year cycle, a total of $120.6 million in additional funds calculated at about $17.2 million annually would be required; thus providing for a total alternative funding level of over $179.9 million through FY 2024/25. The additional funding would be applied to both the arterial and local networks at 46.4 percent ($55.9 million) and 53.6 percent ($64.7 million), respectively. Furthermore, with this additional funding, the backlog for the entire pavement network is projected to diminish by 18 percent from $146.4 million currently to $119.9 million in the seventh year. Overall, the conclusion drawn from this PMP report is that the backlog for the entire pavement network is evenly distributed across both the arterial and the local network. Additionally, existing funding levels in the City CIP will not keep pace with rehabilitation needs over the next seven years. Since preserving street condition and performance should be a priority to provide motorists with safety assurances, the City's goal over the next seven years is to acquire sufficient pavement M&R funding to sustain the entire street pavement network at "Good" condition or better. By achieving this goal, the City will remain eligible for the reduced local match requirements for the renewed Measure M2 Competitive grant until FY 2024/25. 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N NMN N O X O X U Co } T'X >.'X T'X >.v T N O NW NW NQ O Nm LL hW hW NW f,Q N< d d m c (0 � N o `v •Dp N m y LL O. � O N O m m } N m LL C > Ln w m N rn E c N o m 2 N m 00 0— ILL N yY mN E- y 0 � }N C C OQ OIL mL 3 otl }N O u m � o E � y o N C O N N y [T �ON m m �w E}N} CD y mC yUj OIL 1' O. m m y�c 3� 3 Cn >o�0�WE T m N a� } w A'%nL Oho-•mE Evo o m E o m o N mC-9 O'er y'z c m L w C C C m oi'v C maf 0 9 N N j y '•. to C .Ln w X c C w0- x C W C Y X Ol y 'x c '� y T>.0 d c W m o o d o cL 6 E daa ololy E u) ol.. c 3 0 .C_ m'v jr a) U) m 'O C C 47 C CI C •- m 7 C IL y LL C'O C C j mLL > d W C C IL LL Ec�•mEK-IL m> C -- X O1 C w �•H m� m�W co m yWX—mmo:= E m 0W¢ mYro �`c:: o c w 9 G rn333� U-1 > O m0:— oaaVao01'Ro"ao Urou�u�.+ca N �N(�V NCOnnn rn Za-CV 6'4'10 c6r-: W O) w 55B-12 1.0 INTRODUCTION Since public streets are utilized for moving people and freight and they are vital to the City of Santa Ana (City) economy, preserving their condition and performance should be a priority. The City Public Works Agency has developed the Pavement Management Program (PMP) to monitor and maintain the City street system over the past ten years utilizing MicroPaver and StreetSaver and geographic information system (GIS). The City's PMP has been developed to assist City personnel generate a solid and reliable Capital Improvement Program (CIP) based on the Pavement Condition Index (PC]) of the streets to sustain a desirable level of pavement performance on a network scale. The PMP's ultimate goal is to effectively strategize short and long-term usages of current and future limited funding to restore and maintain the entire pavement network at "Good" condition or better. Additionally, MicroPaver and StreetSaver have been selected as the pavement management software to be utilized by the Orange County Transportation Authority (OCTA) and all member agencies in Orange County in 2008; therefore, with the City of Santa Ana's continuing effort to maintain its streets and comply with the OCTA's requirements. The City's PMP is in compliance. Prior to this update, the City of Santa Ana migrated its pavement database from MicroPaver to StreetSaver. StreetSaver is a program developed by the Bay and it is the most widely used pavement management system in California. The transition was completed in 2017. The purpose of the PMP is to: • Provide an accurate current inventory and pavement conditions of all public roadways; • Predict future pavement condition with and without work; • Develop a roadway maintenance program; • Prioritize and recommend the most cost-effective roadway repairs; • Implement a 7-year roadway maintenance and rehabilitation (M&R) program; • Maximize the return from available funding for street pavement. Pavement is a dynamic structure where deterioration is constantly occurring. Therefore, as part of the development of the PMP, a survey of the City street pavement condition must be conducted on a regular basis to identify the type of severity and quantity of pavement distresses (refer to Section 2.0 Methodology and Appendix IV: Quality Assurance/Quality Control Plan). The pavement management database needs to be updated frequently to reflect the changes in pavement conditions and pavement maintenance histories. Upon completion of the survey and database updates, StreetSaver generates a new PC] value, which assists in the selection of the most cost-effective roadway M&R strategy. The PCI value, which was developed by US Army Construction Engineering Research Laboratory and adopted as standard procedure by the American Society of Testing Materials (ASTM) and the American Association of State Highway and Transportation Officials, has been utilized by numerous municipalities nationwide. City of Santa Ana 2018 Pavement Management Program 1-1 55B-13 2.0 METHODOLOGY 2.1 INVENTORY All streets within the City are categorized as either arterial or local streets and are grouped as such into their respective networks; collectively they comprise the entire pavement network. Within each network, the streets are ranked based on their functional classifications (refer to Section 3.0 Pavement Network) and are assigned a letter that corresponds with the rank. In the case of the arterial network, the letter 'B' is assigned to major arterial streets, the letter 'P' is assigned to primary arterial streets, the letter'S' is assigned to secondary arterial streets. These streets are considered "Arterial" functional classification within StreetSaver. The letter 'C' is assigned to collector arterial streets which is considered "Collector" functional classification in StreetSaver. In the case of the local network, the letters 'E' and 'I' are assigned to residential and non-residential streets, respectively, both of which fall within "Residential/Local" functional classification umbrella in StreetSaver. StreetSaver functional classes follow the guideline as shown in the Federal Highway Administration's (FHWA) "Functional Classification Concepts, Criteria and Procedures" 2013 edition. Each street, or branch, is divided into segments, or sections, at intersecting streets and railroads. For example, Main Street from First Street to Second Street and Grand Avenue from Railroad to Chestnut Avenue. Additionally, a section break is introduced where a change in pavement surface is encountered mid -block. For example, if the pavement surface were to change from Asphalt Concrete (AC) to Portland Cement Concrete (PCC) at any point along Main Street from First Street to Second Street, then the resulting sections would be Main Street from First Street to AC-PCC Transition and Main Street from AC-PCC Transition to Second Street; where one section has an AC surface and the other has a PCC surface. In an effort to help identify and sort the streets efficiently, identifying numbers are assigned to each branch and section. A Branch ID is a six digit number assigned to each branch and is numbered increasingly with numbered streets listed first followed by the remainder of the streets listed in alphabetical order. A Section ID is a four digit number assigned to each section and is numbered increasingly based on geography from west to east and from south to north. For example, the westernmost or southernmost section of a branch would have a Section ID with the lowest number and the easternmost or northernmost section of a branch would have a Section ID with the highest number. Furthermore, the four -digit Section ID number may be followed by a letter such as N, S, E, or W that denotes the direction of travel (north, south, east, and west, respectively) along a street. This letter is used to differentiate between the two halves of a street when it is divided as such. For example, Section ID 1100N and Section ID 1100S would denote the northbound and souhbound sides of a section, respectively. Additionally, other sort features are available to assist in further grouping segments with similar characteristics. For example, to identify streets within pre -defined geographical areas, each section is labeled with a number that corresponds to either a neighborhood or a non - neighborhood area. A neighborhood area, which is typically comprised of churches, schools, and residential properties, is defined as the boundary established through a collaboration of the City of Santa Ana 2018 Pavement Management Program 2-1 55B-14 2.0 Methodology City's Community Development Agency (CDA) and local residents based on both geographic and social components. Currently, there are 64 neighborhoods established in the City, which meet with CDA staff regularly to develop strategies to shape it for the better and sustain it for the long term. A non -neighborhood area refers to the zone located outside of the established neighborhood boundaries comprising of mostly commercial and industrial uses. 2.2 PLANNING Preparation prior to performing pavement surveys involves three major components: inspector training, survey type selection, and identifying sample units. Inspector Training - In order to be familiar with the inspection guidelines, inspectors are prompted to read the Asphalt & Concrete Distress Manuals (ASTM D6433-16), complete the web -based Pavement Management software training and learn the data input application for the StreetSaver program prior to inspecting. Additionally, the inspection routes are planned in a time -efficient manner to efficiently capture the pavement data. Survey Types - There are two types of surveys allowable: "windshield" and "walking" surveys. A windshield survey consists of examining the pavement from a vehicle moving at no more than 10 miles per hour (MPH), while a walking survey allows an inspector to examine from the pavement surface itself. Although, for safety reasons, walking surveys on arterial roadways may be performed from a safe place adjacent to the pavement such as a sidewalk, center median, or shoulder. Sample Units - Random areas, known as sample units, within a street section are inspected as a representative of the whole segment. A sample unit for an asphalt street section contains a total area of 2500 square feet (SF) ±1000 SF, and a sample unit for a PCC street section contains a total number of 20 slabs ±8 slabs. 2.3 DATA COLLECTION The pavement distresses found within a sample unit are identified by type, classified by severity, measured/counted by square feet, lineal feet or each, and recorded as they are encountered in the field. A number of sample units are randomly selected for re -inspection to assure consistent and accurate results among inspectors. Refer to Appendix IV: Quality Assurance/Quality Control Plan for further details on quality control/quality assurance. 2.4 DATA ENTRY The collected pavement distress data is input into StreetSaver, creating an inspection record for each sample unit. City of Santa Ana 2018 Pavement Management Program 55B-15 9E, 2.0 Methodology 2.5 ANALYSIS Based on the latest inspection data and several other factors, including surface type, functional classifications, last construction date, and PCI, pavement deterioration curves (PDCs) or pavement condition prediction models are generated separately for the local and arterial networks. These curves are imperative for a complete PMP to predict future pavement performance and determine maintenance and rehabilitation (M&R) requirements. Figure 2-1 shows a sample PDC with the appropriate M&R. Figure 2-1: Sample Pavement Deterioration Curve 100 Very Good Do Nothing 85 — —— — — ——— ———————— ———————————————————— .-. Good Surface Seal i 75 _ _--__—_--- —-- ------------------- c Fair Overlay 60 ——————————————————— —————————————————— ;o Poor Resurfacing u 40 ——————————————————— ——- ---- ----- - - - - -- E a m a I Very Poor \ Reconstruction no Pavement Life (yrs) To develop an accurate PDC, "suspicious' data / anomalies outside of the maximum and minimum envelopes generated from StreetSaver are filtered out. For example, data with PCI increase significantly with age (recording error) or lack of past inspection data must be removed because pavements are load carrying structures, which degrade over time due to the combined action of environmental and traffic. This data filtering processing is critical because pavements with unusual performance would have substantial impact on the PDC behavior and the pavement life cycle consequently. The final PDCs illustrate that the rate of deterioration is fairly slow in the early years of the pavement's design life. During the first 65 percent to 75 percent of a pavement's design life, which varies based on functional classifications and surface type, a pavement deteriorates approximately 40 percent of its quality, i.e. from a PCI of 100 ("Very Good" condition) to a PCI of 60 ("Fair" condition). However, the rate of deterioration starts to increase rapidly with age after a pavement reaches this point in its life cycle. Typically, a pavement can deteriorate 40 percent in its quality (PC] quickly drops from 60 ("Fair' condition) to 20 ("Very Poor' condition)) in the next 15 percent to 25 percent of its design life. Although the local and arterial networks have different design life spans, both PDCs share similar characteristics because the pavement will crack and these cracks will propagate out and become severe with continued traffic loadings and weathering without any M&R treatment. Therefore, a PCI of 60 is assigned as the critical City of Santa Ana 2018 Pavement Management Program 2-3 55B-16 2.0 Methodology PCI for both the arterial and local networks. The critical PCI is defined as the PCI value after which a pavement section is expected to deteriorate rapidly with age or where the rate of PCI loss increases significantly with time. City of Santa Ana 2018 Pavement Management Program 55B-17 2-4 3.0 PAVEMENT NETWORK Currently, the City's entire street pavement network has approximately 422.8 centerline miles consisting of approximately 95.7 million square feet of paved surfaces. To assist planning maintenance needs, the entire pavement network is organized into two networks (arterial and local) depending on their importance in the whole roadway system. The arterial and local networks include 106.2 centerline miles (25 percent) and 316.6 centerline miles (75 percent), respectively. To be consistent with the City General Plan Circulation Element Master Plan of Streets and Highways and the Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways (MPAH), the streets in each network are ranked based on their functional classes; the arterial network is comprised of Major, Primary, Secondary arterial streets and Collector Streets, and the local network is comprised of Residential and Non -Residential streets. Additionally, these streets are classified by surface types —Asphalt Concrete (AC) or Portland Cement Concrete (PCC); and they are divided into more than 4,300 sections (refer to section 2.0 Methodology) for ease of tracking their pavement conditions, pavement history and M&R requirements. Table 3-1 and Figure 3-1 summarize the current City pavement networks information. Table 3-1: Current Entire Pavement Network Summary Network Type Surface Type Area (SF) Centerline Mlle Arterial AC 35,929,843 104.0 Arterial PCC 429,453 2.2 Local AC 54,548,033 292.2 Local PCC 4,794,862 24.4 Entire Pavement Network 95,702,191 422.8 Figure 3-1: Entire Pavement Network Summary Local PCC 4,794,862 5.0% Arterial AC 35,929,843 37.5% Local AC 54,548,033` 57.0% Arterial PCC 429,453 0.4% City of Santa Ana 2018 Pavement Management Program 3-1 55B-18 3.0 Pavement Network 3.1 FUNCTIONAL CLASSIFICATIONS One of the critical factors affecting the roadbeds and pavement deterioration rate is the quantity and associated vehicle weight of traffic utilizing the streets. The volume and type of vehicular usage for the abovementioned arterial networWs four functional classifications are: • Major Arterial — Generally consists of a six -travel lane, divided roadway connecting various parts within the City of Santa Ana and adjacent cities. A major arterial is designed to accommodate between 30,000 and 50,600 vehicle trips daily. This facility type comprises approximately 58 centerline miles or 55 percent of City arterial network. • Primary Arterial — Generally consists of a four -lane, divided roadway serving as a major access route to regional destinations (such as downtown and similar major focal points within the City). A primary arterial is designed to accommodate between 20,000 and 30,000 vehicle trips daily. This facility type comprises approximately 10 centerline miles or 9 percent of City arterial network. • Secondary Arterial — Generally consists of a four -lane, undivided roadway serving intra-city mobility. A secondary arterial is designed to accommodate between 10,000 and 20,000 vehicle trips daily. This facility type comprises approximately 35 centerline miles or 33percent of City arterial network. • Collector Street — Generally consists of a two-lane, undivided roadway. A collector street is designed to accommodate between 7,500 and 10,000 vehicle trips daily. This facility type comprises approximately 3 centerline miles or 3 percent of City arterial network. Figure 3-2: Arterial Street City of Santa Ana 2018 Pavement Management Program J-` 55B-19 3.0 Pavement Network The local network is comprised of two functional classifications as described below: • Non -Residential Street — Generally a low -speed two-lane, undivided roadway with parking allowed on both sides of the street. Businesses are located on both sides of the street. A non-residential street is designed to accommodate less than 6,000 vehicle trips daily. This facility type comprises approximately 32 centerline miles or 10 percent of City local network. • Residential Street — Generally a low -speed and low -volume two-lane, undivided roadway providing access to individual properties in a neighborhood. A residential street is designed to accommodate less than 6,000 vehicle trips daily. This facility type comprises approximately 285 centerline miles or 90 percent of City local network. Figure 3.3: Local Street LILY or crania Tana zuitj ravement Management Program 3-3 55B-20 3.0 Pavement Network 3.3 EXISTING PAVEMENT CONDITION Based on the inspections and data processing procedures mentioned in Section 2.0 Methodology, the majority of the local street's pavements (59.3 percent) currently have a PCI of at least 86 or in "Very Good" condition; this indicates that the City's local network continues to demonstrate high conditional values. However, these results show a decrease in the entire network since the City's prior update in 2016 due to a 13.8 percent decline in the local network (refer to Table 3-3 for PCI distribution in 2016 compared to 2018). Table 3-3: PCI Distribution Comparison (2016 vs. 2018) Pavement Quality PCI Entire Network I Arterial Network Local Network 2016 1 2018 2016 1 2018 2016 1 2018 Very Good 86-100 61.0% 46.3% 41.6% 25.1% 73.1% 59.3% Good 75-85 14.8% 19.7% 22.0% 23.6% 10.3% 17.2% Fair 60-74 12.2% 18.4% 27.7% 30.9% 2.7% 10.7% Poor 41-59 4.7% 8.4% 7.8% 12.3% 2.7% 6.0% Very Poor 0-40 7.3% 7.4% 0.9% 8.2% 11.2% 6.8% With the proper maintenance and rehabilitation application of the local and arterial streets, approximately two-thirds of the entire pavement network is currently in "Very Good" or "Good" condition (approximately 66 percent) with a PCI of at least 75, which is similar to the results from the previous update in 2016. Figure 3-4 summarizes the current PCI distribution for the entire pavement network. PCI 35 Figure 3-4: Current PCI Distribution (Entire Pavement Network) PCI 60-74 nr, Al rn PCI 86-100 46.3% 0-40 .4% ■ PCI 86-100 ■ PCI 75-85 ■ PCI 60-74 Is PCI 41-59 ■ PCI 0-40 City of Santa Ana 2018 Pavement Management Program 3-5 55B-21 3.0 Pavement Network 3.2 PAVEMENT CONDITION INDEX The City utilizes PCI output from StreetSaver as the rating mechanism to describe the City street pavement condition. This numerical index ranges from PCI of "0" for a failed and/or badly deteriorated pavement with virtually no remaining life to PCI of "100" for a pavement in perfect condition. A street section with proper engineering design and construction begins its life cycle as a new or recently rehabilitated street with a PCI of "100". As the condition of the street surface begins to deteriorate, the PCI decrease reflects the surface deterioration based on the signs of distress noted during the field surveys (refer to Section 2.0 Methodology and Appendix IV: Quality Assurance/Quality Control Plan). Although the surface treatment recommendation for each street section utilizes the PCI value as the basis, the PCI values shall be used for planning purposes only and are not intended to replace sound engineering judgment. An engineering review of the pavement condition shall take place prior to any actual construction work at a particular street section because the review may indicate that a particular pavement section needs attention earlier than the other street sections in its localized area. In general for planning and budgeting purposes, the correlation among the PCI, pavement quality and signs of distresses are summarized in Table 3-2: Table 3-2: Pavement Condition Index and Treatment Type Pavement Quality PCI Pavement Description The pavement is new or almost new with very little or no roughness Very Good 86-100 and surface distress (except utility patches if any), including minimal hairline cracks and/or weathering. The pavement structure is sound and no oxidation occurs. The pavement has minor roughness and little to slight surface Good 75-85 distresses (except utility patches if any), including slight cracking, slight to moderate weathering. The pavement structure is sound and some oxidation may occurs. The pavement may have noticeable roughness and slight to Fair 60-74 moderate distresses are surfacing, including severe weathering, non -load -related cracking, depressions, and material loss. The pavement structure is becoming deficient minimal base failure). The pavement Tas noticeable roughness (significant surface distortion) and moderate to severe surface distresses, including Poor 41-59 severe weathering, load -related cracking (such as alligator cracking), depressions, and material loss. The pavement structure is deficient (up to one-third base failure). The pavement has severe surface distresses, including large Very Poor 0-40 quantities of distortion and major and unsafe cracking (alligator cracking). The pavement structure is inadequate (over one-third failure). City of Santa Ana 2018 Pavement Management Program 3-4 55B-22 3.0 Pavement Network As shown in Table 3-3, the majority of arterial streets' pavements are currently either in "Fair" (30.9 percent), "Good" (23.6 percent), or "Very Good" (25.1 percent) conditions. Figure 3-5 shows the current PCI distribution of the arterial network. Figure 3-5: Current PCI Distribution (Arterial Network) PCI 41-59 12.3% PCI 0-40 PCI 60-74 8.2% 30.9% ■ PCI86-100 ■ PCI 75-85 ■ PCI60-74 PC186-100� 25.1% PCI 41-59 11 ■ PCI 0-40 PCI 75-85 23.6% City of Santa Ana 2018 Pavement Management Program 3-6 55B-23 3.0 Pavement Network The improvement in the condition of the local pavement network in recent years resulted largely from the Residential Street Repair Program (RSRP), which is a comprehensive residential street improvement plan that commenced in 2008. A dedicated team of staff and experts evaluated the entire local pavement and incorporated a "Best Streets First" approach for the RSRP, whereby the streets needing the least amount of work are repaired first to prevent further deterioration and the streets categorized in "Very Poor" condition will be repaired last. As of December 2015, 206 centerline miles of local asphalt and concrete residential streets have been repaired through the RSRP. The goal going forward will be utilizing available funding to repair residential concrete streets and establishing preventative maintenance program. Figure 3-6 shows the current PCI distribution of the local network. Figure 3-6: Current PCI Distribution (Local Network) PCI60-74 PCI41-59 10.7% 6.0% PCI0-40 PCI 75-85 6.8% 17.2% ■ PCI 86-100 ■ PCI 75-85 ■ PCI 60-74 ■ PCI 41-59 ■ PCI 0-40 PCI86-100 59.3% City of Santa Ana 2018 Pavement Management Program 3-7 55B-24 3.0 Pavement Network Table 3-4 shows the breakdown of PCI distribution of the entire pavement network, and the arterial and local pavement networks individually, based on area and centerline mileage. Table 3-4: PCI Distribution Pavement Quality PCI Entire Network Arterial Network Local Network MILE AREA SF MILE AREA SF MILE AREA SF Very Good 86-100 217.5 44,300,945 25.9 9,122,037 191.6 35,178,908 Good 75-85 78.5 18,800,389 24.3 8,586,822 54.2 10,213,567 Fair 60-74 67.3 17,562,948 33.9 11,221,247 33.4 6,341,701 Poor 41-59 29.0 8,000,870 11.8 4,456,626 17.2 3,544,244 7,037,039 10.3 2,972,564 20.2 4,064,475 iiw; 95,702,191 106.2 36,359,296 316.6 59,342,895 The pavement condition is generally measured by a weighted index (typically by area), referred to as Average Area -Weighted Pavement Condition Index (PCI,,), which is determined as follows: Where, 2:t 1(PCIi xAi) PClaw = E,`_1 Ai PClaw = Average area -weighted PCI PCIi = PCI of pavement section number i Ai = Area of section number i n = Total number of pavement sections Based on the formula above, the City's current entire pavement network is in "Good" condition with a PCI. , of 78. City of Santa Ana 2018 Pavement Management Program 3-8 55B-25 4.0 MAINTENANCE AND REHABILITATION STRATEGIES With 422.8 centerline miles and 4,300 street sections, the City develops a comprehensive, fully - integrated PMP utilizing the inventory data along with the inspection information, M&R options and their associated costs, and predictions about future pavement condition from StreetSaver to determine optimal time for maintenance and rehabilitation needs. Due to limited available fiscal resources, the City needs to perform cost-effective M&R strategies to maintain the pavement networks. Additionally, pavement preservation, which is an important aspect of the PMP considering the limited funding, will be included in the overall decision -making process. 4.1 TREATMENT TYPES AND ASSOCIATED COSTS The pavement preservation and M&R considerations utilized by the City are categorized into localized, global and major M&R. Localized M&R can be applied as a stop -gap measure or a preventive measure, including routine maintenance such as crack -filling and pothole repairs. Global M&R, which is cost effective when applied as a preventive measure, are methods applied to the entire pavement sections to slow the rate of deterioration and improve current PCI, including applying slurry seal to the existing pavement surface. Major M&R, which is often economically applicable to deteriorated pavements, pavements deteriorating at a rapid rate, and pavements subjected to a change in traffic loading, refer to methods correcting or improving structural and functional requirements, including cold -milling and overlay, cold -in -place recycling, cement treated base, and/or full depth reconstruction. The City currently utilizes the following M&R treatment methods: • Crack Seal — Crack Seal is applicable for newer pavements with cracks beginning to form. Since water is the most destructive element to a roadway pavement, this treatment utilizes asphalt materials bonding to the crack walls to restrict water penetration into the underlying base and sub -base layers to reduce further pavement deterioration. This preventive M&R treatment, which will extend the pavement life by three to five years, saves money by delaying the expense of major reconstructive pavement work. • Slurry Seal — Slurry Seal, which applies to pavement with minimal surface distress, such as minor cracks, provides a new wearing surface to extend the pavement life. This treatment is a mix blend of high quality crushed aggregates (sand -like), asphalt emulsion, water and mineral fillers, spreading over the entire pavement surface. The layer of slurry seal (ranging from 1/8" to 3/8" thick) prevents further oxidization and water from further deteriorating the asphalt concrete surface and subgrade, corrects raveling, and improves skid resistance. • Thin Overlay — Thin Overlay is a maintenance overlay applicable to pavement with moderate cracking where preventive M&R is no longer effective. This treatment involves partially milling or grinding the edge of shoulder (typically 6 feet), sealing the cracks to retard reflective cracking, and placing a thin layer of hot -mixed asphalt concrete (up to two inches for streets in both arterial and local networks) over the existing pavement City of Santa Ana 2018 Pavement Management Program 4-1 55B-26 4.0 Maintenance And Rehabilitation Strategies surface. The thin layer of AC improves the skid resistance and roadway's performance, and corrects the crown and drainage features. • Structural Overlay — Structural Overlays, which applies to moderate to severe pavement cracking with little or no deficiency in the foundation layers, entails cold -milling / grinding the surface to a depth of up to three inches for arterial streets and two inches for local streets, removing localized failed areas, and placing a thick layer of hot -mixed AC (typically four to five inches for arterial streets and three to four inches for local streets). The new AC pavement section smooth the ride performance, improves skid resistance, correct the crown and drainage features, increases pavement structural capacity. • Cold -In -Place Recycling (CIR) — CIR, which applies to moderate to severe pavement cracking with little or no deficiency in the pavement structure, is a process rehabilitating pavement by recycling it in place. The top layer of pavement is removed with a milling (grinding) machine to a specified depth (typically three to four inches). The removed material is then crushed, sorted and mixed with a specially formulated asphalt emulsion. This emulsion mixes with the milled pavement and acts as a binder to form the new CIR pavement. This new mixture is placed on the roadway by a StreetSaver and compacted as a new and more durable asphalt base course. Finally, a thin overlay of conventional asphalt pavement is placed over the CIR to seal it and provide a new wear to improve ride performance and drainage features and increase pavement structural capacity. • Cement -Treated Base (CTB) — CTB is applicable when the distress evidence at the surface indicates failure in the pavement structure or subgrade (the roadway completely failed with crumbling surface pavement), which is not correctable by less extensive construction. Due to its long curing time, this treatment method typically should be applied to low -moderate traffic areas and/or moderate traffic areas with more than one lane per direction with a low volume of large vehicles. CTB involves grinding the existing roadway surface and base into pieces to a prescribed depth (typically 14 to 20 inches for arterial streets and 8 to 11 inches for local streets), which are mixed with cement and water to be used as a base course. A thin overlay of conventional asphalt pavement is then placed over the CTB base to provide a new wear for improving ride performance and drainage features and increase pavement structural capacity. • Full Depth Reconstruction (FDR) — FDR is applicable when the distress evidence at the surface indicates failure in the pavement structure or subgrade (the roadway completely failed with crumbling surface pavement), which is not correctable by less extensive construction. This treatment involves removal of existing layers of asphalt AC, PCC, and/or base to a prescribed depth recommended by geotechnical engineering pavement analysis and placement of conventional flexible pavement section. In general, local residential and non-residential streets are removed to depths of six inches and eight inches, respectively; a depth of 10 inches are removed on secondary arterial and collector streets; a depth of 12 inches are removed on primary arterial streets; and a depth of 16 inches are removed on major arterial streets. The actual depth depends on anticipated traffic loading, soil conditions, and roadway functional classifications. This treatment is by far the most expensive form of M&R strategies to increase pavement structural capacity. City of Santa Ana 2018 Pavement Management Program 4-2 55B-27 4.0 Maintenance And Rehabilitation Strateoies Table 4-1: Cost by Condition (Arterial Network) Condition PCI Functional Classification Surface Cost ($/SF) Secondary / Collector 75 - 85 Primary Major AC $1.45 Secondary / Collector 60 - 74 Primary AC $3 7P Major Secondary / Collector AC $5.56 Primary AC $5.78 Major AC $5.78 41 - 59 Secondary / Collector Primary PCC $3.89 Major Secondary / Collector AC $8.89 Primary AC $12.22 Major AC $12.22 0 - 40 Secondary / Collector Primary PCC $12.22 Major Table 4-2: Cost by Condition (Local Network) Condition PCI Functional Classification Surface Cost ($/SF) 75 - 85 Residential AC $0.83 Non -Residential 60 - 74 Residential AC $3.00 Non -Residential Residential Non -Residential AC $3.72 41 - 59 Residential Non -Residential PCC $2.78 Residential Non -Residential AC $5.00 0 - 40 Residential Non -Residential PCC $6.00 The costs in Table 4-2 show average unit costs for Arterial, Collector, and Residential. Actual unit costs for each sub category may vary. It is imperative for the City to receive the proper amount and type of funding to perform the M&R strategies as a plan to preserve the roadway pavement system in good condition. The plan is to apply a slurry seal coat to new or recently rehabilitated streets at regular intervals, usually seven to ten years. After a couple slurry seal coats, maintenance (thin) overlay or structural overlay shall be utilized to address structural issues. Every street will fail eventually or reach a point City of Santa Ana 2018 Pavement Management Program 4-3 55B-28 4.0 Maintenance And Rehabilitation Strategies where it is more cost-effective to reconstruct than to repair. The roadway functional classification (refer to Section 3.0 Pavement Network) and the original design life of a particular street section will determine the intervals and treatment types. Additionally, streets with higher speeds, traffic volumes, and/or loads, will demand a larger pavement section. To account for the differences in pavement section across the spectrum of streets within the entire pavement network, the streets are grouped into M&R families according to their functional classification and/or surface type and a cost by condition is applied. The cost by condition for the arterial and local networks is shown in Table 4-1 and Table 4-2, respectively. These unit costs per SF include the soft costs of design, inspection, and construction engineering and are compiled utilizing current projects as a basis for costs. As the pavement ages, the PIMP is designed to predict the roadway pavement's PCI based on the deterioration curves (refer to Section 2.0 Methodology). Additionally, the PIMP, which is a tool to assist the City in making decisions when planning pavement M&R, involves scheduling pavement maintenance and rehabilitation before pavements deteriorate to a condition where reconstruction is the only solution. Based on Figure 2-1 in Section 2.0 Methodology showing how pavement generally deteriorates and the relative M&R cost (refer to Table 4-1 and Table 4-2) at various times throughout the pavement life, the critical PCI is established at 60. The critical PCI is defined as the PCI value after which the pavement section is expected to deteriorate rapidly with age, or the rate of PCI loss increases significantly with time, and the unit cost of repair greatly increases; therefore, the threshold for M&R decisions are considered at the critical PCI value since the cost of maintaining the pavement above the critical PCI value before the deterioration occurs is much less compared to maintaining pavements after substantial deterioration has occurred. Planned M&R strategies, essentially preventing pavements from reaching deteriorated conditions, helps the City stretch and maximize the use of City budgets and prolong the life of the pavements. StreetSaver utilizes the inventory database combined with the inspection information, M&R options along with their associated costs, and the deterioration curves predicting future pavement condition to calculate the chosen budget activity to reflect the best pavement management practices and costs. The City's PIMP goal is to maintain a pavement system network with an optimal PCI of 75 ("Good" Condition) or better. The City's pavement system currently has 65.9 percent of the pavement sections in "Good" or "Very Good" condition (refer to Section 3.0 Pavement Network). The PMP will recommend priority list of maintenance treatments annually to bring all City streets to at least "Good" condition. The preventive M&R treatments, which are inexpensive treatments to extend pavement life cycle, have minimal costs since they are applied prior to pavement deterioration to "Poor' and "Very Poor" conditions. City of Santa Ana 2015 Pavement Management Program 4-4 55B-29 4.0 Maintenance And Rehabilitation Strategies 4.2 FUNDING The City has estimated total funding amounts of $40 million and $19.3 million for the pavement expenditures — such as maintenance and rehabilitation treatments as well as street widening, etc. - of the arterial and local networks, respectively, for the next seven years (refer to City CIP on a separate document for further details). Generally, the future revenues for City street preventive and major M&R programs are from the following funding sources: • Community Development Block Grant (CDBG) — The Housing and Community Development Act of 1974 returns income tax funds to cities and counties to develop viable urban communities, primarily for the benefit of low and moderate income people. This U.S. Department of Housing and Urban Development program gives priority to activities that help to eliminate blight, with emphasis on residential areas. CDBG projects are carried out by several operating departments with the City and by sub -agents. Public hearings are held to plan projects for each fiscal fear. The selected projects are recommended by citizens, commissioners, and staff. • Gas Tax —,Gas Tax funds are derived from the Motor Vehicle Fuel Tax (or Highway Users Tax Account (HUTA)). Motorists pay a tax for fuel consumption. It is apportioned to cities according to population and can only be utilized in the maintenance and construction of the street system. • Local Street Bond Fund — In 2007, the City issued a $60 million bond as a certificate of participation (COP) against Gas Tax revenue to create the Residential Street Repair Program to repair and rehabilitate neighborhood streets Citywide. • Measure M2 — On November 7, 2006, voters approved the renewal of the Measure M half -cent sales tax (Measure M2), extending the program over a 30-year period beginning in 2011. In addition to the original three program components, this generation of the Measure M Transportation Plan expands the program to include Environmental Cleanup and Taxpayer Safeguards and Audits. To receive revenues from the one -half - cent sales tax, cities and the County of Orange must coordinate their land use and transportation decisions, establish cooperative transportation planning programs with neighboring jurisdictions, develop Growth Management programs, and guarantee that transportation funds are used for transportation purposes only. • Measure M2 — Competitive — The competitive portion of the Measure M2 consists of the following programs: Regional Capacity Program (RCP), Regional Traffic Signal Synchronization Program (TSSP), and several transit programs. • Measure M2 — Fairshare — This local fair share program returns a portion of the Measure M2 Streets and Roads revenues to the cities and the County of Orange once specific program requirements are met. Disbursement amounts are based on a formula that accounts for population, street mileage, and sales tax collected. City of Santa Ana 2018 Pavement Management Program 4-5 55B-30 4.0 Maintenance And Rehabilitation Strategies 4.3 BUDGET ALTERNATIVES Having determined the needs of the City local and arterial networks and the City fiscal -year budget for the next seven years, the City utilizes StreetSaver to evaluate impacts of various budget alternatives — existing budget in City CIP, budget to maintain the current PC],, over a seven year plan, and budget to improve the current PCI,, by one point or better over a seven- year plan. StreetSaver has the capability of forecasting the effects of different budget alternatives on PCI and deferred maintenance (backlog). By examining the effects of these indicators, these "what -if' analyses clearly identify the advantages and disadvantages of different funding levels and preventive and major M&R strategies. The following guide is provided for interpreting the individual output in Budget Analysis tables below. • PCI w/o Existing Funding — PCI yielded as a result of no preventive or major M&R work during the listed fiscal year. This value is provided for comparison purposes and is intended to be used as the baseline PCI. • PCI w/ Existing Funding — PCI yielded as a result of preventive and major M&R work with existing funding during the listed fiscal year. • PCI w/ Alternative Funding — PCI yielded as a result of preventive and major M&R work with existing plus additional funding during the listed fiscal year. • Preventive M&R Existing Funding — Existing funding for preventive M&R work during the listed fiscal year. • Major M&R Existing Funding — Existing funding for major M&R work during the listed fiscal year. • Major M&R Additional Funding — Additional funding for major M&R work required to reach the listed goal during the listed fiscal year. • Total Existing Funding — Sum of existing funding during the listed fiscal year. • Total Alternative Funding — Sum of existing funding plus additional funding required to reach the listed goal during the listed fiscal year. • Backlog — Total estimated M&R work left unfunded during the listed fiscal year. City of Santa Ana 2018 Pavement Management Program 4-6 55B-31 4.0 Maintenance And Rehabilitation Strategies 4.3.1 EXISTING FUNDING This alternative represents the impacts of the City's current CIP budget on the entire pavement network, and the arterial and local pavement networks independently, for the next seven years. Currently, there are approximately $40 million and $19.3 million for the pavement expenditures in the arterial and local networks, respectively, for the next seven years. The City's main objective is keeping street sections from falling into the reconstruction category ("Very Poor" condition), at which point typically costs three to four times more per SF than resurfacing. Therefore, the selection of streets for M&R treatments during each fiscal year involves StreetSaver output, engineering judgment and experience, and available budget. With a limited existing budget over the next seven years from FY 2018/19 to FY 2024/25, the entire pavement network will change from "Good" to "Fair" condition by deteriorating from a PCI. , of 78 to a PCIaw of 70. Not only does the pavement condition deteriorate, but the entire pavement network's backlog will increase approximately 89 percent by FY 2024/25 as shown in Table 4-3. This information indicates that the City is facing the challenge of securing adequate, sustainable funding for the M&R program to keep up with the increasing rate of deteriorating streets. Although the arterial and local networks, independently, will improve the PClaw by at least one point during each of the next seven FYs with the existing budgeted funding as compared to the baseline alternative (without any funding), the pavement will deteriorate in a similar fashion to the entire pavement network. Furthermore, both the arterial and local networks will change from "Good" to "Fair" condition with the existing funding amount as shown in Table 4-4 and Table 4-5. Additionally, the current level of funding is insufficient to stabilize the backlog since the unfunded deferred M&R projects will increase by 89 percent for the entire pavement network. City of Santa Ana 2018 Pavement Management Program 4-7 55B-32 c O :n d L v c U c d c d C cc M 0 l a0 F d z C d E N a C W c C 7 LL rn C N 'X W d .n V N M N C) O (D O) O N V 'Itg CO O M C) V W 0 � V j� V WMNMMMW M (M O N M n m EA E9 Efl ER EA Ef3 fH O) am o M O W cnocc) N Lo co C C N W N G N rco M in Lo N M M CA H'X 7EA Cfl H3 fA� 69 Eflta W LL � O) co O) C, M N N � C C_ '�t O p M M W M N N (O (O M co n L N r O 'X C)r a m M CO EH EA fA EA 6f3 b3 W LL rL IM co n M N d C C > w a M Cl) M M n V 0 n CO co O O O 0) M i+ N M (+7 (h M M V M C 'K C EA W3 Efl EA fA V3 (fi N EA 7 �WLL d d 3 c c 3 ++ :p =(ncnnnnnnn O) n M <t N O U 'X m LL W LL J O FC C 3 ++ :p = N c n n a n N n Cl CO CO CO CO Co M cD a w (i (A O N M st M {p V toW N W N N N N` N d O N N N N M N V' N LL N N N N N N N 0 3 d Z is t Q C 'O C U. LL O) C N 'X W v 4 d a H C C N n M M `- 0 p i0 `N C (OO CD 0 N N N 0 0W N N m O F'x 7 � Efl EH EA � Efi EA � W LL Cj} C C VM' r O O M W N (LO N M ��p 0t,6 00 �M �M NoX3 (f? 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This alternative provides an available prioritized list of streets with recommended M&R treatment to allow the City to hand select if unforeseen funds become available at some point in the future. As illustrated in Table 4-6, a total of $103.2 million in additional funds calculated at about $14.7 million annually would be needed; thus providing for a total alternative funding level of just over $162.5 million over the seven-year period. Furthermore, with this additional funding, the current backlog of $146.4 million would be reduced by about 3 percent to $141.8 million for FY 2024/25. Demonstrated in Table 4-7 and Table 4-8, 46.7 percent ($48.2 million) of the additional funding ($103.2 million) would be applied to the arterial network and 53.3 percent ($55 million) would be applied to the local network. As a result, the existing PCI,w would be maintained at 78. City of Santa Ana 2018 Pavement Management Program 4-10 55B-35 0 2 N Z c m E c0 a c W V a C N •X W C w G 0 .7 C Ix U) m 4) J rn c V c LL LL m w Q <O d F d M r M M CD 07 p N V r cO M (A 0 O) CO W CO O r) h y CO 6 M (O O O r V V N M M V V V O r r r r r r r •m C) O 7 O M V 0 V 0 O 0 0 W m co O IO C v O r-- co r C) O 0) � N 0 c F C r M EfT r. N H3 r` r EA r, r fR r` N EA r N EA O N ER CD ff? IL Q {p C r O CO N r 0-,1- r M CO 0 I.- r N r p C '0 m = C CA r d3 at r (f3 N r 69 r r 6-1 et r 69 U) r (A cp r ER 0 r0 69 Q °ii C C� co O O M 0 N 0M m O n 0) Clm LO In N CO O 0 SEA ERG�b9 fH W {L Im d c > a. 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O c c J Q . m 0 C� co (O (O CO V CO r co M CO CO c(7 ~ 0 awu'. fA O r N M V' In p � W NM LL r r N N N N N N N N N N N N i E m 0 L c N E N N c N E U 55B-36 r H3 ffl Efl fA En ff? � a, 7 LL fA Q A .- co r* cco o rn c c O 00 00 " 'It M M V o 00 O O C c Ch r, (O r o) � O fA Ci3 (fl fA CA Efi Efl (� 65 9 LL Q I'D O) C c r 0) o It0) Co CO o co M 0) CO 00 o o(n 'j'a So »v>» »� oXr(fl»» W LL rn d C a- CO r (O o h o co r M V M c0 N M c X ;a a1 f0 (O to t0 t0 0LTC .- ca 69 :• c 3- c Mc- c0 co 00 c0 co co co U d LL 4. Q Oty) Q c c �'«moo00(ovM AN c 00 r-- ti r- n r� o� n 0 dW LL N M V' u7 �p N N N N N N o N M 7 LCR 0 N N N N N N N N N N V E o 0 0 0 o d � c d E t0 d d [n c d o c N 9 d 9 c o E N d `m m a co o N y A O U Q « o 0 z c � N w O _T U 55B-37 4.0 Maintenance And Rehabilitation Strategies 4.3.3 ALTERNATIVE FUNDING LEVELS REQUIRED TO IMPROVE PCI With existing funding of approximately $59.3 million for the entire pavement network over the seven-year period from FY 2018/19 through FY 2024/25, additional funding is required to improve the existing PCI. for FY 2018/19 of 78 by one point or better. As illustrated in Table 4-9, a total of $120.6 million in additional funds calculated at about $17.2 million annually would be needed; thus providing for a total alternative funding level of over $179.9 million over the seven-year period. Furthermore, with this additional funding, the backlog for FY 2018/19 of $146.4 million would decrease about 18 percent to $119.9 million for FY 2024/25. Demonstrated in Table 4-10 and Table 4-11, 46.4 percent ($55.9 million) of the additional funding ($120.6 million) would be applied to the arterial network and 53.6 percent ($64.7 million) would be applied to the local network. As a result, the existing PCI. would be improved to 79. City of Santa Ana 2018 Pavement Management Program 4- 33 55B-38 Y d Z C d E 10 a C W U IL O O. E 0 9 a N J m C :O c LL l�0 c _Y a ai 4 d F O E Nf,- O M to M 0),�tr M M M V m N N M N M Y U N N N N N 6 m r eq. r 63 r (» r ER r VD.e» r r v3 r I) C)r I-- 0 0 0 N c R m co o vvrnornc O E CN H d CO 0006Oj N N r N V N MO N J EA (A di w 69 (fl v) QLL !0 m C MM d 1 M 0)00 O e f r M� 0' ) I, D) C (0 O�(Or MM M w V r to In "t� M M O" C N VD. r (f3 r (f3 r d3 r U). r E» r 6-i N r QLL U) ca m a, C'dt 0) m0 NN M C 2 - W c)mm"(OM t0 M N (0 (0 O I` 0 N -(.Orr mrr(r) X EA � fA fA (fl fA U3 M v3 WWLL m d C >A wcwl�o I;tm CO ID rC0 tn a M tc dW CMMMMMV MLj > U3 EA V3 fA 64 (fl ffi N 0 0:LL. 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QLL O � C Q C 3++ Op p Ih V 040M h(O(O(0� (O qN Cnrr yW LL 0) O N r N N N CO N V N t0 N (� W D)OrN P')qzr N d L i r O r O N O N O N O N O N O N N N N N N N ,N R:5N I�NmNOrM 0 L CrOOO ~w W �Mt0 tL�� 6i3<9 W3�6,3,(A a w m C (0 O O O r, , 00 00O 01 .00:5 I-OLo mot, f-- Ncc! 0 = 'O O 04Or aD (fl 0000 (fl H3 , w.(fl Mu a LL (fl (fl y3 tm m�O N m0,C M .5rM N CM r 0 Dr I-- w �LO�Cq 69M69fl m d C > i+ N C MR MMrrO)t0to (0 tO MN f- c0 M(0 cO C MIS COr OMc'7(0 d W C > r (fl r 60(i3(fl(fl r N N N 6i3 N U!>r pj E w IL fA IL m C '0 C (h t, (O CD (0 to V U d IL QLL O J ;cc r N Cn0 CO (O�tr COOOOMF 0)O� Fa CLxL W LL LL 0) C) r N N N Cl) N V N t n N V 00» Or N Ma' N d } r r N N N N N LL' N N N N N N N a E o rn 0 0 o d d E c co c O d v � a� V C J O E d � m m d m 00 w N 0 = Q 0 a o c Z A N 0 >1 y 55B-39 a NN iO��Cno CO, no ONO rn F `manncomP'—: c r f,:6N� Qii6969603,60 .o C C O•— N OM M N CO O NIn N N nnO C O n ra rn000NrnUl)on QIL ��Cfl 6969 nrn ItrnoM C Cyr +' � r O r CO r CO r M r 6)CO O CO a LO 0.- ��v>�u9 v3»v>1-- WLL m O n w cn C •X ;a O)fOtO 0 O WNN W OfOO CO OD S W C CA E9 EA w CR 6o 6969 1 Ix LL od aU 0000�mcoaoeo � LLLL3 O 3 c c J : Q _ ++Cp OM CO d•Mr OF d W LL I m OrNM-Y Cn �p L U N� r N 0)O N N � N N N M N 't i N j L} r 0 r 00 N N 0 N 0 N 0 N 0 i N N N N N N N i E 0 1 E v rn m c m C N u 55B-40 APPENDIX I: ENTIRE PAVEMENT NETWORK PCI REPORT City of Santa Ana 2018 Pavement Management Program 55B-41 ¢yp s j a J W 0 s a o I fF 0 sXa`a y � f �geNs S SS888$a88888S8Sggmmm;�mg;m88grveoo88P8=mam�mmSmaS�Mmmmmmaaam�R$am "Sa" rSS"�S$"�ra��aaaaaamaa�e�"I- n e 6 O a V -' P p " a 9 3 o n n o 0 o A 999� 99� 9 9 999�993� 99 888 - ea88 m m-- m m m m m m m m m m- m m m m m m m n r m m m m r r H n N- r rRm�-- rrrrnnrrNn--rMr.'°.8m$��Fgr$me8S�mmm$a�P.,e -- - $ m ti ti 7 r a F e TR-i--- 86ae88m^ee�e^ermem�ma�^m�e�m^Na �38mev000ee�"�ry�<8�am%8"FgSaegg�N�m�%'4Sa -aa JJJ 0 5 a aaa a aau J �a¢ j0 8°i' 8a¢ j ��jvj0 u�0p aaa ¢0 a� a¢ a¢ a¢ ' 0 0 0 0 0 a 0 0 a o 0 0 ¢¢¢¢¢¢¢¢¢ 00 0 0' 'o 'o o 'a 'o 'o 'o a¢ 'o `o a a `o 'o a¢¢¢¢ a a - > > Sg zzzz 0000 rzI G c GGGss wooa a GGG G G >a "' o a >a G = a G za '�" G o z r '" G a r W o o�3W3=i o 0 ¢ F^ G 'o o' :: N G G o i <•= r r G_¢i 9 w a zr'<GW�_ ? 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'. z .58 I I I I >OR ��5XMWWH > >> << Z > < < < > < '99W-Wzogz�x 0 RZ W-,< :�><O -- 1 0 13: 1 �zl o I 022HRM5, I I I IN < W10 ... 000000000�a..Oo��000ccoc0000c0000n�o 00.0000 ...... 0 ---- 0 ....... 0 ... 0 ... ---------- NNN.NNN� ---- m ZZ< mz on 1�55nomo vuuuuuuu MMM�rr <M�dw�Ezoxm x zz , ...... EMmxMzmxm<< ME <<<<<< ,M"<< rrr r 3.1 NN�N 00 0 000000.0 ...0000 wwww ..... .... coo. m m m ---- 0 0 0 0 ------- 0 0 . . . . . Nm. M. -m m-. Av. VN 0 0 ....... 00 N N N NN" N NNN N.,P N. N NNN N 00�000� ........ 00 ... 0 APPENDIX IV: QUALITY ASSURANCE/QUALITY CONTROL PLAN City ot Santa Ana 2018 Pavement Management Program 55B-1 26 J1 � !, p City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 The contents of this report is the confidential property of NCE and should not be copied, modified,, retransmitted,, or used for any purpose except with NCE's written authorization. Engineering & Environmental Services 55B-1 28 CityafSantaAna Pavement Management Program 2018 is Quality Control Plan TABLE OF CONTENTS 1. introduction ........................................................................ 1. 1. Objectives .......................................................................... .......... 1 1.2. Structure ...................................................................................... 1 2. Quality Control Plan ............................................................ 2 2.1. Condition Inspection Procedures ....................................................... 2 2.2. Accuracy Required For Data Collection .............................................. 3 2.3. Inspectors' Qualifications and Experience .......................................... 4 3. Safety Procedures ............................................................... 5 Appendix A - Resumes of Field Inspectors Engineering & Environmental Services 55B-1 29 a 1. Introduction Cityof5antoAno Pavement Management Program 2018 Quality Control Plan When performing data collection in any field, the need for quality control is paramount. This need for quality data is essential for accurate planning, analysis and design. NCE's "Quality Assurance Management Plan" (QAMP) affirms that: WCE is dedicated to achieving technical and management excellence and to delivering professional engineering and environmental services that meet or exceed our clients' needs. NCE's Quality AssurancelQuality Control (QAIQC) Program is designed to achieve these goals. This QA Management Plan (QAMP) describes NCE's QA Program, which is based on four principles: client satisfaction, employee participation, problem prevention, and continuous quality improvements." NCE's QAMP establishes minimum quality standards for performance and procedures for assuring that our clients receive quality service. It requires the participation of employees at every level. It encourages Project Managers and technical staff to take pride In their work and responsibility for ensuring that the work is done correctly the first time. The program Is designed to reduce the Incidence of problems related to quality and results In implementation, where necessary, of corrective actions and modification of work procedures to minimize the Incidence of future problems. NCE has also prepared detailed and specific Quality Control Plans for projects, and the most notable example Is for the Long Term Pavement Performance (LTPP) — Western Regional Support Contract for the Federal Highway Administration. This Is a 150 page document that covers data collection on highways, including deflection, profile, pavement distresses, traffic, maintenance and rehabilitation history, materials testing and sampling as well as a document control. 1.1. Objectives This document constitutes a formal Quality Control Plan (QCP) for the City of Santa Ana. The focus is on data collection issues as part of the pavement management update. Specifically, it is intended for the 2017/2018 Pavement Management Update. The focus is on the collection of network -level pavement distress data (defined by NCHRP Synthesis 401 Quality Management of Pavement Data Collection, as "Network -level data collection involves collection of large quantities of pavement condition data, which is often converted to individual condition Indices or aggregated Into composite condition indices.") 1.2. Structure The following components are addressed in this QCP: • Condition inspection procedures used • Accuracy required for data collection • Inspector qualifications and experience • Safety 1 Engineering & Environmental Services 55B-1 30 City of Santa Ana Pavement Management Program 2018 a Quality Control Plan 2. Quality Control Plan 2.1. Condition Inspection Procedures The governing document in performing condition inspections for the City of Santa Ana is ASTM D6433-11 "Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys." Both asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The following distresses are collected for each pavement type. Asphalt Concrete (AC) Pavements 1. Alligator (fatigue) cracking 2. Bleeding 3. Block cracking 4. Bumps and sags 5. Corrugation 6. Depression 7. Edge cracking 8. Joint reflection cracking 9.Lane/Shoulder drop off 10. Longitudinal and transverse cracking 11. Patching and utility cut patching 12. Polished aggregate 13. Potholes 14, Railroad crossing 15. Rutting 16. Shoving 17. Slippage cracking 18. Swell 19. Weathering 20. Raveling Portland Cement Concrete Minted) 1. Blowup/Buckling 2. Corner breaks 3. Divided slab 4. Durability ("D") cracking 5. Faulting 6. Joint seal damage 7. Lane/shoulder drop off 8. Linear cracking 9. Patching (large) and utility cuts 10. Patching (small) 11. Polished aggregate 12. Popouts 13. Pumping 14. Punchout 15. Railroad crossing 16. Scaling, map cracking and crazing 17. Shrinkage cracks 18. Spalling (corner) 19. Spalling (joint) Any exceptions to the above procedures will be discussed with the City before any inspections are performed. These are usually related to distresses or situations that are not covered in the manuals. Examples include slippage cracks, roller check marks or edge cracking on streets with no curbs and gutters. Others include the use of seals or open - graded asphalt concrete mixes. Any modifications will be documented and submitted to the City for approval. All distress or condition inspections are performed as walking inspections, and a minimum 10% sampling rate is utilized. Field crews are typically composed of a one -person crew teaming up when required for higher volume facilities such as arterials. The sample units for this project will be based upon the length and width of the street sections. This data will be collected to match the existing management sections of PAVER. Engineering & Environmental Services 2 55B-1 31 a City ofSanta Ana Pavement Management Program 2018 Quality Control Plan 2.2. Accuracy Required For Data Collection The accuracy required for data collection has two components, both of which are further described in the following paragraphs. • Re -inspections • PCI comparisons with past inspections 2.2.1 Re -Inspection "Check" At least five percent of all inspections are randomly re -inspected by other team members. A different inspector will review these sites and determine the revised pavement distress measurements. If the initial inspection is determined to be inaccurate, the original inspector is given refresher training before being allowed to continue with any further inspections. Should the data be inaccurate for a certain day, all the data for that day will be re -inspected following refresher training to ensure accuracy. Acceptability Criteria At the time of re -inspection, the actual distresses will be re -inspected and verified, and any corrections made, if necessary. Distress types and severities must be the same and re - measured quantities within ±10% of the original measured quantity. If corrections are required on more than 10% of the re -inspected sample units, then an additional 5% will be re -inspected. This will continue until all more than 95% of the re- inspected sections meet the acceptability criteria. 2.2.2 PCI Comparison with Past Inspections As another level of quality control, the new PCIs are compared with the previous PCIs. If they differ by more than ±10 PCI points, these sections are automatically flagged for further investigation. If PCI Increases 10 points: The section is investigated to see if a maintenance and rehabilitation event has occurred since the last inspection, but which has not been recorded. This can only be resolved with feedback from the City. Typically, it may include activities such as: • Crack sealing activities - changes medium or high severity cracking to low severity • Patching activities - alligator cracking that has been removed and patched, so that the resultant PCI is increased. • Surface seals • Overlay 3 Engineering & Environmental Services 55B-1 32 City of Santa Ana Pavement Management Program 2018 Quality Control Plan Therefore, an up-to-date maintenance and rehabilitation history file in the PAVER database is desirable, both for historical accuracy as well as to provide additional quality control. If PCI Decreases 10 1points: The section is checked to see if the average deterioration rate (usually 3 to 4 points per year) is exceeded. If the drop in PCI is within the range of what is acceptable, no further action is required. If the drop is more than the acceptable range, a re -inspection will be performed. The default performance curves in the pavement management software form the basis for what is acceptable. 2.3. Inspectors' Qualifications and Experience All NCE's inspectors are required to attend formal training on condition distress inspections. For example, any of NCE's inspectors working on the LTPP project are required to attend a week-long training workshop every year to maintain their certifications. The Regional Transportation Commission (RTC) of Washoe County requires inspectors to be calibrated prior to performing any work using the ASTM D6433 protocols (also known as the pavement management inspections). For pavement management (or ASTM D6433) inspections, NCE's technicians underwent the OCTA technician certification exercise held in May 2017. Similarly, in agencies that use the Paver system, NCE's inspectors attend the distress training conducted by the Metropolitan Transportation Commission (MTC). After the formal training, they work with an experienced inspector before they are allowed to work on their own. Within the first month of working on their own, up to 20% of their work is checked weekly. Any necessary corrections are made immediately. Finally, NCE conducts a one -day training and calibration workshop for all NCE staff involved with data collection. This is conducted once a year. Resumes of technicians utilized on this project are included. 4 Engineering & Environmental Services 55B-1 33 a 3. Safety Procedures CityofSantaAna Pavement Management Program 2018 Quality Control Plan NCE administers a health and safety program in compliance with the Nevada Occupational Safety and Health Act (Section 618.383) and Cal OSHA Title VIII, Section 3203. The program is documented in NCE's Workplace Safety Program Manuah Generally, the safety procedures include: • Inspectors to wear a Class 2 safety vest at all times; • Flashing beacon on all vehicles utilized for inspections; and • Stopped vehicles to be parked at locations away from moving traffic (e.g. nearby parking, shoulders etc.). On streets where there is a high volume of traffic or high speeds, additional measures may be necessary, such as: • Inspections to occur during off-peak periods or on weekends; • Additional inspector to watch out for traffic; and • Traffic flaggers in extreme cases. In extreme cases where it is not possible to walk on the pavement surface, inspections will be performed from sidewalks or raised medians. However, this is extremely rare for city or county roads/streets; this is most often encountered on state highways, and lane closures are the most likely option at this point. All NCE inspectors are required to annually update their online safety programs as administered by "Click Safety". Class Taken are: • C2 Cal PPE • C2 Workzone Traffic Control • C2 Workzone Traffic Safety Tips • G2 Cal/OSHA Heat Illness 5 Engineering& Environmental Services 55B-1 34 Engineering & Environmental Services 55B-1 35 Collaboration, Cbrinmitment'.-Confidence!" David J. Na, E.LT Staff Engineer For the past several years, Mr. Na has been involved in a variety of projects providing a range of services from civil design and surveying to inspections and plan checks. While completing his undergraduate degree, he gained familiarity with multiple software programs such as HEC-HMS, SWMM, ArcGIS, and AutoCAD to name a few. Prior to joining NCE, Mr. Na was an engineering intern with the City of Costa Mesa. Representative Projects Mr. Na has performed numerous pavement condition inspections throughout California and performs all functions relating to pavement data collection using handcopy forms or tablets. Mr. Na has also completed the OCTA MicroPAVER "Distress Identification" for both Asphalt Concrete and Portland Cement Pavements. Listed below are a collection of agencies for which Mr. Na has performed condition Inspections. Santa Monica Marin County Lake Forest Carson Anaheim Mission Viejo Stanton Humboldt County Pavement Management Citywide Sidewalk Assessment I Staff Engineer City of Carson, California NCE conducted a citywide inspection in City of Carson for tripping hazards in the public right-of-way as well as ADA-compliance of curb ramps at street intersections. Field staff performed walking surveys and took photographs along the entire public sidewalk network. Mr. Na supported the concrete collection effort. Pavement Management System Updates I Staff Engineer Mann County, California NCE is providing the annual pavement management system update for the County. Mr. Na performs all functions relating to data collection using paper forms or a tablet. As part of the quality control process, he performs cross-checks of data in the PMS database. He has performed quality control checks of field collected data and pavement maintenance history to ensure that PMS databases are accurate and up-to-date. During this process, Mr. Na also generates detailed reports, which are needed to help perform his cross-checks of the collected data. Pavement Management System Updates I Staff Engineer City of Santa Monica, California NCE is providing the pavement management system update and GIs integration for the City of Santa Monica. The City's pavement network consists of 155 miles of paved roads of which 148 miles are asphalt concrete and seven miles are portland cement concrete. The City has utilized PAVER since 2003. Engineering & Environmental Services �"7 Education B.S., Civil Engineering, 2015 University of California, Irvine B.S., Mathematics, 2016 Chapman University Registrations and Certifications Engineering Intern - CA (#157537) OCTA MicroPAVER Certification 2017 Affiliations American Society of Civil Engineers Engineers Without Borders Joined INICE 2016 Total Years of Experience 3 years 55B-1 36 David Na 2 1 P a a e Stormwater and Hydrology Hydrology Study & Storm Drain I Project Manager University of California, Irvine Mr. Na worked in conjunction with a consulting firm to conduct a Hydrology Study for Agua Chinon Knolls using the Rational Method and the Unit Hydrograph Method in compliance with the Orange County Hydrology Manual as part of his �senior design project. Stormwater Drainage System I Project Engineer University of California, Irvine Mr. Na designed a stormwater drainage system for a local site plan using EPA SWMM software. Water/Wastewater Groundwater Contaminant Remediation Pump Station Design I Project Engineer University of California, Irvine Mr. Na developed a groundwater extraction/injection pumping system to mitigate contaminant/plume migration into underground aquifers for the El Toro Marine Corps Air Station. Biological Process Design I Project Engineer University of California, Irvine Mr. Na completed a biological process design for full nitrification and denitrification and varied the MCRT during the yearly cycle to meet the monthly permit. Roadway Infrastructure Highway Design I ProjectEngineer University of California, Irvine Mr. Na designed a partial two-lane highway extension connecting the SR-241 Tofl Road and SR-74 Ortega Highway. 55B-1 37 Mv Collaboration. Commitment. Confidence? I Franc Escobedo Engineering Field Technician Mr. Franc Escobedo has over 15 years of experience as a pavement management technician for NCE. He has performed numerous pavement condition inspections throughout California, Idaho, and Washington. He experience includes distress collection across various Pavement Management Systems including the Metropolitan Transportation Commission StreetSaver, MicroPAVER, Cartegraph, and Hansen systems. Additionally, Mr. Escobedo has completed both the OCTA MicroPAVER and MTC "Distress Identification" courses for both Asphalt Concrete and Portland Cement Pavements and now assists with the training of agency staff on both courses. Mr. Escobedo performs all activities relating to pavement data collection using hardcopy forms or tablets. As part of the quality control process, he performs cross-checks of data In the PMS database. He also regularly performs quality control checks of field collected data and pavement maintenance history to ensure that PIVIS databases are accurate and up-to- date, During this process, he also generates detailed reports, which are necessary to perform his cross-checks of the collected data. His field experience and expertise is an added benefit to agencies during field training. Listed below are a collection of agencies for which Mr. Escobedo has performed condition inspections - they total over 6,000 centerline miles of roads and streets. Representative Projects Pavement Management Pavement Management Inspections I Engineering Field Technician 4 1 Ada County, Idaho 411 Hayward 4 - .1 San Diego County IN Agoura Hills i' Hillsborough V San Dimas U Anaheim 0 Humboldt County San Ramon 0 Antioch lif Inyo County 41 Santa Cruz County Pil Bakersfield ji" La Habra M Santa Maria 0 Bell V Lake County 4 ' SealBeach to Buena Park 4' 4 Lake Forest t I Sisklyou County Ul Camarillo 0 Lemon Grove 40 South Lake Tahoe 4 .0 Chula Vista li , .4 Marin County 4i I Stanislaus County 2 commerce 4 - ! Martinez 414 Stanton 0 Corona Mendocino County V Thousand Oaks 0 Cudahy Milpitas 0 Torrance 11 Dana Point Mission Viejo I'M Tulare U Davis 4,11 Mono County V Tuolumne County 4' East Bay Regional Pj Mountain View V Tustin I Park District 4P2 - 1 Newark 4 , ! Umpqua National 48 El Centro 4if Orange County Forest 0 El Cerrito "o Palm Springs 42 - 1 Vallejo Elk Grove ?i Redwood City 44 Vernon 0 Encinitas 4" Rogue River National Q 1 Vista 0 Fairfield Forest 4" Walnut Creek 0 Fremont 0 San Clemente 4" West Coviha� 'i -' Fullerton 44 West Sacramento Engineering & Environmental Services 55B-1 38 Education Computer Operations Program Computer Learning Center, Los Angeles, CA, 1983-84 Network Engineering & Administrative Program Computer Learning Center, Anaheim, CA, 1997 Certified Network Administration Computer Learning Center, Anaheim, CA 1997 Registrations and Certifications OCTA MicroPAVER Certification 2016 MTC StreetSaiver Rater Certification Program (expires September 2017) Total Years of Experience 15 Lwww.ncerret. Franc Escobedo 2 1 P a a e Projects included various forms of inspections for pavement distress data collection, such as walking, windshield, and/or semi -automated. Engineering & Environmental Services 55B-1 39 Collaboration. Commitment. Conficlence?l ��LN, I W 7 Meiling Cal, E.I.T. Staff Engineer For Meiling Cal, the traffic and pavement -related courses she took during her sophomore year in college ended up being illuminating experiences that changed the direction of her education and career. After taking the classes, any time she would drive or go for a walk, Meiling "couldn't stop thinking about how to make the roads or signals better" as she observed pavement conditions, detection loops, and traffic flow. Afterjoining the Institute of Transportation Engineers' Student Chapter and working on some projects, she decided to specialize in transportation, applying her interests and passions to her future career. Meiling joined NICE upon graduation and has since performed pavement condition inspections throughout California and Idaho, as well as sidewalk and curb ramp assessments. Her experience includes distress collection across various pavement management systems. She enjoys the process of continually learning and working to find better solutions. Meilings' clients value her attention to detail, spirit of collaboration, and the fact she truly cares about her work and its impact. Representative Projects Pavement and Asset Management Sidewalk & Curb Ramp Assessment City of Corona, California Field Technician. NICE performed condition assessments of approximately 350 centerline miles of sidewalks and 9,000 curb ramps. In addition, NCE provided prioritization criteria as well as repair recommendations. Pavement Management System and Update City of Whittier, California Field Technician. NCE provided the PMP implementation of 195 centerline miles. NCE performed the following tasks: Conversion of old pavement inventory into the StreetSaverO database; review of inventory data; performed condition inspections; PCI calculation; import of M&R history records; review of M&R strategies and costs; determine the funding needs of the road network; completion of multiple funding scenarios, linkage of the database to GIS, City staff training, and provided technical support. Pavement Management Plan Updates City of La Habra, California Field Technician. NICE is providing a comprehensive pavement condition inspection of the City's streets and alleys in order to prepare the 2015 update report to the Orange County Transportation Authority. Updates include the Pavement Condition Index, treatment, unit costs, and cost of all segments of the City's streets. Pavement Management Plan Updates City of Manhattan Beach, California Field Technician. NICE updated the City's Pavement Management Program including inspection/evaluation of approximately 120 centerline miles of paved streets, review and recommendation of revisions to the current pavement management strategies and costs as well as the preparation of a final Pavement Management Program report. Education B.S., Civil Engineering, 2014 University of California, Irvine Registrations and Certifications Engineer Intern — Civil, CA Joined NCE 2015 Total Years of Experience 2 years Engineering & Environmental Services 55B-140 Meiling Cal 2 1 P a g e Pavement Management Plan Updates City of El Centro, California Field Technician. NCE developed the City's Pavement Management System including detailed inspection and evaluation of the City's streets and recommendations for maintenance methodologies and pavement treatment options. Pavement Condition Inspection and Maintenance City of Davis, California Field Technician. NCE is providing inventory verification, pavement condition inspections, sidewalk assessments, review and evaluation of maintenance and rehabilitation decision strategies, budgetary analyses, GIS integration, and staff training for the University' pavement management program update. Pavement Condition Inspection and Maintenance Ada County Highway District, Idaho Field Technician. NCE performed field pavement condition inspections on all the arterial and collectors (approximately 600 miles) as well as approximately 1,000 miles of residential streets. These were walking inspections as per the StreetSavero protocols. NCE updated the StreetSaverO database with the distress data collected, calculated the pavement condition index, and provided training on the StreetSaverO program as well as a discussion of maintenance and rehabilitation treatments for County staff. Engineering & Environmental Services 55B-141 APPENDIX V: PAVEMENT MANAGEMENT PLAN AGENCY SUBMITTAL City of Santa Ana 2018 Pavement Management Program 55B-142 City of Santa Ana Pavement Management Plan Prepared by: NCE Submitted to OCTA:6-29-2018 55B-143 MPavement Management Plan Agency Submittal OCTA Agency Submittal Table of Contents 1. Pavement Management Plan Certification ..................................................................................................... 2 11. Executive Summary ......................................................................................................................................... 3 Ill. Background (Optional) .................................................................................................................................... 6 IV. Current Pavement Conditions (130) ................................................................................................................ 7 V. Projected Pavement Conditions (PCI) ............................................................................................................. 7 VI. Alternative Funding Levels .............................................................................................................................. 8 Maintain Existing Average Network PCI .............................................................................................................. 8 ImproveAverage Network PC] ............................................................................................................................ 8 VII. Current and Projected Backlog by Year of Pavement Maintenance Needs .................................................... 9 Vill. Centerline Mileage .......................................................................................................................................... 9 IX Percentage of Network in Each of Five Condition Categories Based on Centerline Miles ........................... 10 X. Reduction in M2 Local Match ....................................................................................................................... 11 XI. Appendix A —Seven -Year Road Maintenance and Rehabilitation Plan Based on Current or Expected FundingLevel ........................................................................................................................................................ 12 XII. Appendix B —Complete Street Listing Current Conditions ........................................................................... 13 Xlil. Appendix C— Quality Assurance/Quality Control Plan ................................................................................. 14 Introduction...................................................................................................................................................... 14 XIV. Appendix D — Pavement Management Data Files ......................................................................................... 15 XV. Appendix E —GIS Maps —Current Conditions (Optional) .............................................................................. 15 P a g e 11 55B-144 M OCTA Pavement Management Plan Agency Submittal Pavement Management Plan Certification The City of Santa Ana certifies that it has a Pavement Management Plan in conformance with the criteria stated in the Orange County Transportation Authority Ordinance No. 3. This ordinance requires that a Pavement Management Plan be in place and maintained to qualify for allocation of revenues generated from renewed Measure M (M2). The plan was developed by City of Santa Ana* using StreetSaver, a pavement management system, conforming to American Society of Testing and Materials (ASTM) Standard D6433, and contains, at a minimum, the following elements: • Inventory of MPAH and local routes reviewed and updated biennially. The last update of the inventory was completed on March, 2018 for Arterial (MPAH) streets and March, 2018 for local streets. • Assessment of pavement condition for all routes in the system, updated biennially. The last field review of pavement condition was completed on March, 2018. Percentage of all sections of pavement needing: o Preventative Maintenance:65.9% o Rehabilitation: 26.7% o Reconstruction: 7.4% Budget needs for Preventative Maintenance, Rehabilitation, and/or Reconstruction of deficient sections of pavement for: o Current biennial period $190.7 million c Following biennial period $17.1 million 0 Funds budgeted or available for Preventative Maintenance, Rehabilitation, and/or Reconstruction: o Current biennial period $24.8 million o Following biennial period $10.3 million Backlog by year of unfunded pavement rehabilitation, restoration, and reconstruction needs. The Pavement Management Plan is consistent with countywide pavement condition assessment standards as described in the OCTA Countywide Pavement Management Plan Guidelines adopted by the OCTA Board of Directors. *An electronic copy of the Pavement Management Plan (with Micro Paver or StreetSaver compatible files) has been, or will be, submitted with the certification statement. A copy of this certification is being provided to the Orange County Transportation Authority. Submitted by: Edwin "William" Galvez Name (Print) Signed Acting Executive Public Works Director iiitle City of Santa Ana Jurisdiction Click here to enter a Date P a g e 12 55B-145 M 11. Executive Summary Pavement Management Plan Agency Submittal The City of Santa Ana (City) Public Works Agency utilizes StreetSaver and geographical information system (GIS) to develop the Pavement Management Program [PMP) to provide an accurate inventory of the current and projected pavement condition of all public roadways and to implement a seven-year roadway maintenance and rehabilitation (M&R) program to maximize the return from available existing funding for street pavement. The PMP's ultimate goal is to effectively strategize short and long-term usages of current and future limited funding to restore and maintain the entire street pavement network at "Good" condition or better. The City currently manages 422.8 centerline miles of streets for a total of approximately 95.7 million square feet (SF) of paved surfaces. To be consistent with the City General Plan Circulation Element Master Plan of Streets and Highways and the Orange County Transportation Authority (OCTA) Master Plan of Arterial Highways (MPAH), the entire street pavement network is organized into two networks (arterial and local) depending on its functional classifications (i.e. major, primary, secondary, and collector arterial streets; residential and non-residential local streets). There are 106.2 centerline miles (25% of entire pavement network) in the arterial network and 316.6 centerline miles (75% of entire pavement network) in the local network. To assist planning maintenance needs, the streets are also arranged into over 4,300 sections and classified by surface types — Asphalt Concrete [AC) or Portland Cement Concrete (PCC). Figure E-1: PCI Distribution for 2016 and 2018 100% 0 Arterial 2016 E Arterial 2018 0 Local 2016 8 Local 2018 90% 80% 70% 60% 50% 40% CS 30% 20% 00 .0 10% 0% G-40 41-59 6G-74 75-85 116- 0) 100 Very Poor r Poor Poo Fair 'r Good 8 Very Good y P a g e 13 55B-146 M OCTA Pavement Management Plan Agency Submittal Pavement condition inspections are performed biennially for both the arterial and local networks. Figure E-1 shows a comparison of the Pavement Condition Index (PCI) distribution between the 2016 and the 2018 inspections. The PC] is a numerical value ranging from 0 for deteriorated pavement with virtually no remaining life to 100 for new or recently rehabilitated pavement. Generally, the PC] value is expressed as an area - weighted PCI Kim) to provide a more representative value. A PC[ value is computed for each street section based on the pavement distresses found within that section during an inspection. Inspections provide the data utilized in analysis and surface treatment recommendations for each street section; however, the PCI values shall be utilized for planning purposes in determining the surface treatment types and are not intended to replace sound engineering judgment. In general, the City's strategies involve the utilization of surface seals, such as crack sealing or slurry sealing for preventive maintenance and rehabilitation (M&R) of streets in "Good" condition and major M&R plans typically consist of overlays, such as thin overlays, for "Fair" condition streets; resurfacing, such as structural overlays or cold -in -place recycling (CIR), for "Poor" condition streets, - and reconstruction, such as cement -treated base (CTB) or full depth reconstruction (FDR), for "Very Poor" condition streets. A fully -integrated PIVIP has had a positive effect on improving the City's entire pavement network by developing efficient M&R strategies and analyzing the effect of various funding alternatives on the pavement conditions. The strategies include forecasting optimal time for M&R needs, providing cost-effective alternatives for halting the deterioration of existing pavement, improving the overall condition of the entire pavement network, and reducing the backlog of M&R work over the next seven years. To carry forward one of the City's main objectives in providing a safe, reliable, efficient, and comfortable driving environment, this PIVIP report analyzes various M&R strategies, the effect of the City's existing Capital Improvement Program (CIP) funding on the street pavement system, and projected funding to both maintain and improve existing PCI,, over a seven-year plan. With existing funding of approximately $59.3 million for the entire pavement network over the seven-year period from Fiscal Year (FY) 2018/19 through FY 2024/25, the entire pavement network existing PCIaw of 78 is projected to decrease by 10 percent to 70 at the end of the seven-year cycle under existing funding levels. Individually, the arterial and local networks are projected to experience a similar decrease in existing PCIaw, 15 percent and 10 percent, respectively. Furthermore, the backlog for the entire pavement network is projected to increase by 89 percent from $146.4 million in the first year to $276.4 million in the seventh year. if the existing PCIaw of 78 were to be maintained at the end of the seven-year cycle, a total of $103.2 million in additional funds calculated at about $14.7 million annually would be required; thus providing for a total alternative funding level of just over $162.5 million through FY 2024/25. The additional funding would be applied to both the arterial and local networks at 46.7 percent ($48.2 million) and 53.3 percent ($55 million), respectively. Furthermore, with this additional funding, the backlog for the entire pavement network is projected to diminish by 3 percent from $146.4 million in the first year to $141.8 million in the seventh year. If the existing PCIaw were to be improved by 1 point to 79 at the end of the seven-year cycle, a total of $120.6 million in additional funds calculated at about $17.2 million annually would be required; thus providing for a total alternative funding level of over $179.9 million through FY 2024/25. The additional funding would be applied to both the arterial and local networks at 46.4 percent ($55.9 million) and 53.6 percent ($64.7 million), respectively. Furthermore, with this additional funding, the backlog for the entire pavement network is projected to diminish by 18percent from $146.4 million currently to $119.9 million in the seventh year. P a g e 14 55B-147 M OCTA Pavement Management Plan Agency Submittal overall, the conclusion drawn from this PMP report is that the backlog for the entire pavement network is evenly distributed across both the arterial and the local network. Additionally, existing funding levels in the City CIP will not keep pace with rehabilitation needs over the next seven years. Since preserving street condition and performance should be a priority to provide motorists with safety assurances, the City's goal over the next seven years is to acquire sufficient pavement M&R funding to sustain the entire street pavement network at "Good" condition or better. By achieving this goal, the City will remain eligible for the reduced local match requirements for the renewed Measure M2 Competitive grant until FY 2024/25. P a g e IS 55B-148 M OCTA Ill. Background (Optional) Pavement Management Plan Agency Submittal The City owns and maintains approximately 422.8 centerline miles of street pavements, which includes 106.2 miles of MPAH streets, and 316.6 miles of local streets. The City converts its PAVER pavement management database to StreetSaver in 2017 to better manage its street network. Pavement distress data is collected in compliance with ASTM D6433-11' as outlined by the OCTA in the "Countywide Pavement Management Plan Guidelines", Chapter 2'. 1 ASTM. "ASTM D6433-11." Standard Practice for Roads and Parking Lots Pavement Condition Index Inspections 2 OCTA. "Pavement Management Program Guidelines." Countywide Pavement Management Program Guidelines Manual. P a g e 16 55B-149 M OCTA Pavement Management Plan Agency Submittal IV. Current Pavement Conditions (PCI) )rk PCI 1[___ ..CurrentM.PAHPcl 11 Current Local PCI V. Projected Pavement Conditions (PCI) Should be by projected PC] by year under existing or expected funding levels for next seven fiscal years ("Today" is before June 30). F Utii�e�N;Oo'rk 1! 'P,Cf -it F rvi'PAH. Local Today N/A 78 73 81 20178-19 11.3 79 74 81 2019-20 1375 77 73 79 2020-21 5.0 75 70 78 2021-22 5.3 74 69 77 2022-23 12.9 72 67 76 2023-24 5.7 71 65 75 2024-25 5.6 70 63 73 Page 17 55B-1 50 YRPavement Management Plan Agency Submittal V1. Altemative Funding Levels Maintain Existing Average Network PCI -F i-s c -a I Y-e a-r L Today u— ji-hF F I n N 7e -e � 7d L$Tillibh)_ N/A E-nFir e Networ PCI 78 r�PAH 73 Local I 81 2018-19 31.0 81 77 83 2019-20 27.7 so 77 82 2020-21 17.6 79 75 81 2021-22 17.1 78 74 81 2022-23 27.0 78 75 81 2023-24 21.0 78 74 81 2024-25 21.0 78 73 81 Improve Average Network PCI Fiscal Year Today Finding,Needed ($ million) N/A Entire Network, PC] 78 MPAH 73 Local 81 2018-19 33.0 81 77 83 2019-20 28.5 80 77 82 2020-21 20.4 80 76 82 2021-22 19.9 79 76 81 2022-23 30.0 79 76 81 2023-24 24.0 79 75 82 2024-25 24.0 79 74 83 Page 18 55B-1 51 MPavement Management Plan Agency Submittal OCTA V11. Current and Projected Backlog by Year of Pavement Maintenance Needs W-1910 I . .. . . : . Mini�ialm Current 146.4 146.4 146.4 2018-19 146.4 126.9 124.9 2019-20 163.8 129.5 126.7 2020-21 182.0 134.0 128.3 2021-22 204.0 137.0 128.3 2022-23 229.4 140.7 128.3 2023-24 255.7 145.1 129.2 2024-25 276.4 141.8 119.9 Vill. Centerline Mileage Page 19 Entire Pavement Network MPAH LocalRoads 55B-1 52 MPavement Management Plan Agency Submittal OCTA IX. Percentage of Network in Each of Five Condition Categories Based on Centerline Miles Pe rcent !I A.rea, of .1 q Percent rline, Cente' dit Con g ion PCIRange Cate cry Network Area of Total Pavement :j Pavement i (sf) Centerline Mileage of Network Mileage of Network Very, Gooa 86-100 Local 36.8% 35,178,908 191.6 MPAH 9.0% 8,586,822 24.3 300 75-85 ( Good, 18.6% Local 10.7% 10,213,567 54.2 i MPAH 11.7% 11,221,247 33.9 Fair, 60-74 15.9% Local 1 6.6% 6,341,701 33.4 MPAH 4.7% 4,456,626 11.8 41-59 6.9% Local 3.7% 3,544,244 17.2 MPAH 3.1% 2,972,564 10.3 0-40 7.2% - Local 4.2% 4,064,475 20.2 P a g e 110 55B-1 53 MPavement Management Plan Agency Submittal OCTA X. Reduction in M2 Local Match A local agency match reduction of 10% of the eligible cost for projects submitted for consideration of funding through the M2 Comprehensive Transportation Funding Programs (CTFP) call for projects is available if the local agency either: a. Shows measurable improvement of paved road conditions during the previous reporting period. defined as an overall weighted (by area) average system improvement of one Pavement Condition Index (PCI) point with no reduction in the overall weighted (by area) average PCI in the Master Plan of Arterial Highways (MPAH) or local street categories; or b. Have road pavement conditions during the previous reporting period, within the highest 20% of the scale for road pavement conditions in conformance with OCTA Ordinance No. 3, defined as a PCI of 75 or higher, otherwise defined as in "good condition". If applicable, please use the space below to justify the local agency's eligibility for a reduction in M2 Local Match based on the statement above. The City of Santa Ana has met the criteria above by having an average weighted PCI of 78. This means the City continues to remain eligible for M2 funding. P a g e 111 55B-1 54 Pavement Management Plan Agency Submittal X1. Appendix A — Seven -Year Road Maintenance and Rehabilitation Plan Based on Current or Expected Funding Level The seven-year plan for road maintenance and rehabilitation should be based on current and projected budget. Street sections selected for treatment should be identified here. Specific data to be submitted should follow the format below: MPAH Limits of Work Street Name From TO Length of Segment Width of Segment Pavement Area Type of Treatment Cost of Treatment Yearof Treatment LOCAL Limits of Work Street Name From To Length of Segment Width of Segment Pavement Area Type of Treatment Cost of Treatment Year of Treatment Please attach the seven-year road maintenance and rehabilitation plan, following the above template, after this sheet. The plan should be labeled Appendix A. 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Appendix B — Complete Street Listing Current Conditions A complete street listing of current pavement conditions should be included in this report. Specific data to be submitted should follow the format below: MIPAH Street Name From To Width of Segment Area Current PCI Most Recent Inspection Date LOCAL Street Name From TO Width.of Segment Area Current PCI Most Recent Inspection Date Please attach the complete street listing, following the above template, after this sheet. The pages should be labeled Appendix B. P a g e 113 55B-1 84 E oom�o�000000000�0000000000�.00�00000000 ... �000 0001� ONO.-- r! f! CT�� q r! 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"VON 606C�r�:MO ON m V,6N N N 066,im,66 m V m m w IN N N NNN"NN"N"NOOOW > < 'i > < z z 0 > < > uu z a < < C� 6 t; < < w z z z t; :3 N z < < 0 MC -ezzQzlzl 0:5:; . . . m<<�Wwwww > < > z ZM-0�09MW z 0 w 0 < z . a z z W < z �- Ili RZ z t; �ilt; t;, z z w z < 0 z § �, � M z M 2 czU= z m coca z z z 0 zzzzz nona w nm, 55n5n55n5 mmm m w wmw t; 1-1-M00000000000000000 44 L �2 Rr ir 3: 0000000000000004 3: 3: 31 �: 31 3:: 3: 3: 3: B: B: ?�: 3m: 3:3:3� 3� 3:31 -:t 313:3.13:31 3� 3-a 3:3:3: E can z W z z W < 2no 55B-268 Pavement Management Plan Agency Submittal X111. Appendix C— Quality Assurance/Quality Control Plan Introduction When performing data collection in any field, the need for quality control is paramount as it is essential for accurate planning, analysis and design. This is particularly true for collecting pavement distress data for a pavement management system. The Quality Assurance/Quality Control (QA/QC) Plan establishes minimum quality standards for performance and procedures for updates of the pavement management system. If applicable, utilize the space below to include information on the agency's QA/QC policies: P a g e 114 55B-269 Pavement Management Pmgram Quality Contmi Plan May 2018 Fountain Valley, CA The contents of this report is the confidential property of NCE and should not be copied, modified,, retransmitted,, or used for any purpose except with NCE's written authorization. Engineering & Environmental Services 55B-271 City of Santa Ana Pavement Management Program 2018 Quality Control Plan -TINEMS-TI-A 5C-0T,1LTFfA17L 110 1. Introduction ........................................................................ I 1. 1. Objectives ..................................................................................... 1 1.2. Structure ...................................................................................... 1 2. Quality Control Plan ............................................................ 2 2.1. Condition Inspection Procedures ....................................................... 2 2.2. Accuracy Required For Data Collection .............................................. 3 2.3. Inspectors' Qualifications and Experience .......................................... 4 3. Safety Procedures ............................................................... 5 Appendix A - Resumes of Field Inspectors i Engineering& Environmental Services 55B-272 CityofSantoAno Pavement Management Program 2018 Quality Control Plan 1. Introduction When performing data collection in any field, the need for quality control is paramount. This need for quality data is essential for accurate planning, analysis and design. NCE's "Quality Assurance Management Plan" (QAMP) affirms that: WCE is dedicated to achieving technical and management excellence and to delivering professional engineering and environmental services that meet or exceed our clients' needs. NCE's Quality AssurancelQualitY Control (QAIQC) Program Is designed to achieve these goals. This QA Management Plan (QAMP) describes NCE's QA Program, which is based on four principles: client satisfaction, employee participation, problem prevention, and continuous quality improvements. " NCE's QAMP establishes minimum quality standards for performance and procedures for assuring that our clients receive quality service. It requires the participation of employees at every level. It encourages Project Managers and technical staff to take pride In their work and responsibility for ensuring that the work Is done correctly the first time. The program Is designed to reduce the Incidence of problems related to quality and results In Implementation, where necessary, of corrective actions and modification of work procedures to minimize the Incidence of future problems. NCE has also prepared detailed and specific Quality Control Plans for projects, and the most notable example Is for the Long Term Pavement Performance (LTPP) — Western Regional Support Contract for the Federal Highway Administration. This Is a 150 page document that covers data collection on highways, including deflection, profile, pavement distresses, traffic, maintenance and rehabilitation history, materials testing and sampling as well as a document control. 1.1. Objectives This document constitutes a formal Quality Control Plan (QCP) for the City of Santa Ana. The focus Is on data collection issues as part of the pavement management update. Specifically, it is intended for the 2017/2018 Pavement Management Update. The focus is on the collection of network -level pavement distress data (defined by NCHRP Synthesis 401 Quality Management of Pavement Data Collection, as "Network -level data collection involves collection of large quantities of pavement condition data, which is often converted to individual condition Indices or aggregated into composite condition indices.") 1.2. Structure The following components are addressed in this QCP: • Condition inspection procedures used • Accuracy required for data collection • Inspector qualifications and experience I Safety I Engineering & Environmental Services 55B-273 CityofSantaAna Pavement Management Program 2018 a Quality Control Plan 2. Quality Control Plan 2.1. Condition Inspection Procedures The governing document in performing condition inspections for the City of Santa Ana is ASTM D6433-11 "Standard Practice for Roads and Parking Lots Pavement Condition index (PCI) Surveys." Both asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The following distresses are collected for each pavement type. Asphalt Concrete (AC) Pavements 1. Alligator (fatigue) cracking 2. Bleeding 3. Block cracking 4. Bumps and sags 5. Corrugation 6. Depression 7. Edge cracking 8. Joint reflection cracking 91ane/Shoulder drop off 10. Longitudinal and transverse cracking 11. Patching and utility cut patching 12. Polished aggregate 13. Potholes 14. Railroad crossing 15. Rutting 16. Shoving 17. Slippage cracking 18. Swell 19. Weathering 20. Raveling Portland Cement Concrete (Jointed) 1. Blowup/Buckling 2. Corner breaks 3. Divided slab 4. Durability ("D") cracking 5. Faulting 6. Joint seal damage 7. Lane/shoulder drop off 8. Linear cracking 9. Patching (large) and utility cuts 10. Patching (small) 11. Polished aggregate 12. Popouts 13. Pumping 14. Punchout 15. Railroad crossing 16. Scaling, map cracking and crazing 17. Shrinkage cracks 18. Spalling (corner) 19. Spalling (joint) Any exceptions to the above procedures will be discussed with the City before any inspections are performed. These are usually related to distresses or situations that are not covered in the manuals. Examples include slippage cracks, roller check marks or edge cracking on streets with no curbs and gutters. Others include the use of seals or open - graded asphalt concrete mixes, Any modifications will be documented and submitted to the City for approval. All distress or condition inspections are performed as walking inspections, and a minimum 10% sampling rate is utilized. Field crews are typically composed of a one -person crew teaming up when required for higher volume facilities such as arterials. The sample units for this project will be based upon the length and width of the street sections. This data will be collected to match the existing management sections of PAVER. Engineering& Environmental Services 2 55B-274 a CityofSantoAna Pavement Management Program 2018 Quality Control Plan 2.2. Accuracy Required For Data Collection The accuracy required for data collection has two components, both of which are further described in the following paragraphs. • Re -inspections • PCI comparisons with past inspections 2.2.1 Re -Inspection "Check" At least five percent of all inspections are randomly re -inspected by other team members. A different inspector will review these sites and determine the revised pavement distress measurements. If the initial inspection is determined to be inaccurate, the original inspector is given refresher training before being allowed to continue with any further inspections. Should the data be inaccurate for a certain day, all the data for that day will be re -inspected following refresher training to ensure accuracy. Accei3tability Criteria At the time of re -inspection, the actual distresses will be re -inspected and verified, and any corrections made, if necessary. Distress types and severities must be the same and re - measured quantities within ±10% of the original measured quantity. If corrections are required on more than 10% of the re -inspected sample units, then an additional 5% will be re -inspected. This will continue until all more than 95% of the re- inspected sections meet the acceptability criteria. 2.2.2 PCX Comparison with Past Inspections As another level of quality control, the new PCIs are compared with the previous PCIs. If they differ by more than ±10 PCI points, these sections are automatically flagged for further investigation. If PCI Increases 10 voints: The section is investigated to see if a maintenance and rehabilitation event has occurred since the last inspection, but which has not been recorded. This can only be resolved with feedback from the City. Typically, it may include activities such as: • Crack sealing activities - changes medium or high severity cracking to low severity • Patching activities - alligator cracking that has been removed and patched, so that the resultant PCI is increased. • Surface seals • Overlay 3 Engineering & Environmental Services 55B-275 City of Santa Ana Pavement Management Program 2018 Quality Control Plan Therefore, an up-to-date maintenance and rehabilitation history file in the PAVER database is desirable, both for historical accuracy as well as to provide additional quality control. If PCX Decreases 10 noints: The section is checked to see if the average deterioration rate (usually 3 to 4 points per year) is exceeded. If the drop in PCI is within the range of what is acceptable, no further action is required. If the drop is more than the acceptable range, a re -Inspection will be performed. The default performance curves In the pavement management software form the basis for what is acceptable. 2.3. Inspectors' Qualifications and Experience All NCE's inspectors are required to attend formal training on condition distress inspections. For example, any of NCE's inspectors working on the LTPP project are required to attend a week-long training workshop every year to maintain their certifications. The Regional Transportation Commission (RTC) of Washoe County requires inspectors to be calibrated prior to performing any work using the ASTM D6433 protocols (also known as the pavement management inspections). For pavement management (or ASTM D6433) inspections, NCE's technicians underwent the OCTA technician certification exercise held in May 2017. Similarly, in agencies that use the Paver system, NCE's inspectors attend the distress training conducted by the Metropolitan Transportation Commission (MTC). After the formal training, they work with an experienced inspector before they are allowed to work on their own. Within the first month of working on their own, up to 20% of their work is checked weekly. Any necessary corrections are made immediately. Finally, NCE conducts a one -day training and calibration workshop for all NCE staff involved with data collection. This is conducted once a year. Resumes of technicians utilized on this project are included. 4 Engineering & Environmental Services 55B-276 a 3. Safety Procedures City of Santa Ana Pavement Management Program 2018 Quality Control Plan NCE administers a health and safety program in compliance with the Nevada Occupational Safety and Health Act (Section 618.383) and Cal OSHA Title VIII, Section 3203. The program is documented in NCE's Workplace Safety Program Manual. Generally, the safety procedures include: • Inspectors to wear a Class 2 safety vest at all times; • Flashing beacon on all vehicles utilized for inspections; and • Stopped vehicles to be parked at locations away from moving traffic (e.g. nearby parking, shoulders etc.). On streets where there is a high volume of traffic or high speeds, additional measures may be necessary, such as: • Inspections to occur during off-peak periods or on weekends; • Additional inspector to watch out for traffic; and • Traffic flaggers in extreme cases. In extreme cases where it is not possible to walk on the pavement surface, inspections will be performed from sidewalks or raised medians. However, this is extremely rare for city or county roads/streets; this is most often encountered on state highways, and lane closures are the most likely option at this point. All NCE inspectors are required to annually update their online safety programs as administered by "Click Safety". Class Taken are: • C2 Cal PPE • C2 Workzone Traffic Control • C2 Workzone Traffic Safety Tips • G2 Cal/OSHA Heat Illness 5 Engineering & Environmental Services 55B-277 Resumes of Neid Inspectors Engineering & Environmental Services 55B-278 Collaboration. Commitment Confidence!' David I Na, E.LT Staff Engineer For the past several years, Mr. Na has been involved In a variety of projects providing a range of services from civil design and surveying to inspections and plan checks. While completing his undergraduate degree, he gained familiarity with multiple software programs such as HEC-HMS, SWMM, ArcGIS, and AutoCAD to name a few. Prior to joining NCE, Mr. Na was an engineering intern with the City of Costa Mesa. Representative Projects Mr. Na has performed numerous pavement condition inspections throughout California and performs all functions relating to pavement data collection using hardcopy forms or tablets. Mr. Na has also completed the OCTA MicroPAVER "Distress Identification" for both Asphalt Concrete and Portland Cement Pavements. Listed below are a collection of agencies for which Mr. Na has performed condition Inspections. Santa Monica Marin County Lake Forest Carson Anaheim Mission Viejo Stanton Humboldt County Pavement Management Citywide Sidewalk Assessment I Staff Engineer City of Carson, California NCE conducted a citywide inspection in City of Carson for tripping hazards in the public right-of-way as well as ADA-compliance of curb ramps at street intersections. Field staff performed walking surveys and took photographs along the entire public sidewalk network. Mr. Na supported the concrete collection effort. Pavement Management System Updates I Staff Engineer Marin County, California NICE is providing the annual pavement management system update for the County. Mr. Na performs all functions relating to data collection using paper forms or a tablet. As part of the quality control process, he performs cross-checks of data in the PIVIS database. He has performed quality control checks of field collected data and pavement maintenance history to ensure that PMS databases are accurate and up-to-date. During this process, Mr. Na also generates detailed reports, which are needed to help perform his cross-checks of the collected data. Pavement Management System Updates I Staff Engineer City of Santa Monica, California NCE is providing the pavement management system update and GIs integration for the City of Santa Monica. The City's pavement network consists of 155 miles of paved roads of which 148 miles are asphalt concrete and seven miles are portland cement concrete. The City has utilized PAVER since 2003. Engineering & Environmental Services Education B.S., Civil Engineering, 2015 University of California, Irvine B.S., Mathematics, 2016 Chapman University Registrations and Certifications Engineering Intern - CA (#157537) OCTA MicroPAVER Certification 2017 Affiliations American Society of Civil Engineers Engineers Without Borders Joined INICE 2016 Total Years of Experience 3 years 55B-279 David Na Stormwater and Hydrology Hydrology Study & Storm Drain I Project Manager University of California, Irvine Mr. Na worked in conjunction with a consulting firm to conduct a Hydrology Study for Agua Chinon Knolls using the Rational Method and the Unit Hydrograph Method in compliance with the Orange County Hydrology Manual as part of his senior design project. Stormwater Drainage System I Project Engineer University of California, Irvine Mr. Na designed a stormwater drainage system for a local site plan using EPA SWMM software Water/Wastewater Groundwater Contaminant Remediation Pump Station Design I Project Engineer University of California, Irvine Mr. Na developed a groundwater extra ction/injectio n pumping system to mitigate contaminant/plume migration into underground aquifers for the El Toro Marine Corps Air Station. Biological Process Design I Project Engineer University of California, Irvine Mr. Na completed a biological process design for full nitrification and denitrification and varied the MCRT during the yearly cycle to meet the monthly permit. Roadway Infrastructure Highway Design I Project Engineer University of California, Irvine Mr. Na designed a partial two-lane highway extension connecting the SR-241 Tod Road and SR-74 Ortega Highway. 55B-280 AIM VIP N C E Franc Escobedo Engineering Field Technician Mr. Franc Escobedo has over 15 years of experience as a pavement management technician for NCE. He has performed numerous pavement condition Inspections throughout California, Idaho, and Washington. He experience includes distress collection across various Pavement Management Systems including the Metropolitan Transportation Commission StreetSaver, MlcroPAVER, Cartegraph, and Hansen systems. Additionally, Mr. Escobedo has completed both the OCTA MicroPAVER and MTC "Distress Identification" courses for both Asphalt Concrete and Portland Cement Pavements and now assists with the training of agency staff on both courses. Mr. Escobedo performs all activities relating to pavement data collection using hardcopy forms or tablets. As part of the quality control process, he performs cross-checks of data in the PMS database. He also regularly performs quality control checks of field collected data and pavement maintenance history to ensure that PIVIS databases are accurate and up-to- date. During this process, he also generates detailed reports, which are necessary to perform his cross-checks of the collected data. His field experience and expertise is an added benefit to agencies during field training. Listed below are a collection of agencies for which Mr. Escobeclo has performed condition inspections — they total over 6,000 centerline miles of roads and streets. Representative Projects Pavement Management Pavement Management Inspections I Engineering Field Technician 4*1 Ada County, Idaho 11 Hayward 41 San Diego County PR Agoura Hills V Hillsborough San Dimas 0' Anaheim 42 Humboldt County San Ramon 0 Antioch V Inyo County Santa Cruz County 0 Bakersfield 41 - 1 La Habra 4 - I Santa Maria 41 Bell 4 .1 Lake County 4% SealBeach 4.4 Buena Park 4" Lake Forest 444 Siskiyou County 02'. 1 Camarillo I - I Lemon Grove 4j - 1 South Lake Tahoe t - Chula Vista t - 1 Marin County 4 - 1 Stanislaus County U Commerce I - ! Martinez 42 Stanton �i Corona 11 Mendocino County 0 Thousand Oaks 1.1 Cudahy 4" Milpitas Torrance 44 Dana Point 10 Mission Viejo Tulare 0' Davis 0 Mono County 4! Tuolumne County 0 East Bay Regional Mountain View 4 1 Tustin Park District v'-! Newark 4"' Umpqua National 1' El Centro 1% ! Orange County Forest 0 El Cerrito 111 Palm Springs 154 Vallejo 4' Elk Grove 43 Redwood City 41 Vernon 41 Encinitas V Rogue River National 1 .1 Vista V Fairfield Forest 44 WalnutCreek 04 Fremont 'i 1 San Clemente 4 ' West Covina "i Fullerton West Sacramento Education Computer Operations Program Computer Learning Center, Los Angeles, CA, 1983-84 Network Engineering & Administrative Program Computer Learning Center, Anaheim, CA, 1997 Certified Network Administration Computer Learning Center, Anaheim, CA 1997 Registrations and Certifications OCTA MicroPAVER Certification 2016 MTC StreetSaver Rater Certification Program (expires September 2017) Total Years of Experience Is Engineering & Environmental Services 55B-281 www.ncene Franc Escobedo 2 1 P a a e Projects included various forms of inspections for pavement distress data collection, such as walking, windshield, and/or semi -automated. Engineering & Environmental Services 55B-282 v F #.NCE Meiling Cai, E.I.T. Staff Engineer For Meiling Cal, the traffic and pavement -related courses she took during her sophomore year in college ended up being illuminating experiences that changed the direction of her education and career. After taking the classes, any time she would drive or go for a walk, Meiling "couldn't stop thinking about how to make the roads or signals better" as she observed pavement conditions, detection loops, and traffic flow. After joining the Institute of Transportation Engineers' Student Chapter and working on some projects, she decided to specialize in transportation, applying her interests and passions to her future career. Meiling joined NCE upon graduation and has since performed pavement condition inspections throughout California and Idaho, as well as sidewalk and curb ramp assessments. Her experience includes distress collection across various pavement management systems. She enjoys the process of continually learning and working to find better solutions. Meilings' clients value her attention to detail, spirit of collaboration, and the fact she truly cares about her work and its impact. Representative Projects Pavement and Asset Management Sidewalk & Curb Ramp Assessment City of Corona, California Field Technician. NCE performed condition assessments of approximately 350 centerline miles of sidewalks and 9,000 curb ramps. In addition, NCE provided prioritization criteria as well as repair recommendations. Pavement Management System and Update City of Whittier, California Field Technician. NCE provided the PMP implementation of 195 centerline miles. NCE performed the following tasks: Conversion of old pavement inventory into the StreetSaverO database; review of inventory data; performed condition inspections; PCI calculation; import of M&R history records; review of M&R strategies and costs; determine the funding needs of the road network; completion of multiple funding scenarios, linkage of the database to GIS, City staff training, and provided technical support. Pavement Management Plan Updates City of La Habra, California Field Technician. NCE is providing a comprehensive pavement condition inspection of the City's streets and alleys in order to prepare the 2015 update report to the Orange County Transportation Authority. Updates include the Pavement Condition Index, treatment, unit costs, and cost of all segments of the City's streets. Pavement Management Plan Updates City of Manhattan Beach, California Field Technician. NCE updated the City's Pavement Management Program including inspection/evaluation of approximately 120 centerline miles of paved streets, review and recommendation of revisions to the current pavement management strategies and costs as well as the preparation of a final Pavement Management Program report. Education B.S., Civil Engineering, 2014 University of California, Irvine Registrations and Certifications Engineer Intern — Civil, CA Joined NCE 2015 Total Years of Experience 2 years Engineering & Environmental Services 55B-283 Meiling Cal 2 1 P a g e Pavement Management Plan Updates City of El Centro, California Field Technician. NCE developed the City's Pavement Management System including detailed inspection and evaluation of the City's streets and recommendations for maintenance methodologies and pavement treatment options. Pavement Condition Inspection and Maintenance City of Davis, California Field Technician. NCE is providing inventory verification, pavement condition inspections, sidewalk assessments, review and evaluation of maintenance and rehabilitation decision strategies, budgetary analyses, GIS integration, and staff training for the University' pavement management program update. Pavement Condition Inspection and Maintenance Ada County Highway District, Idaho Field Technician. NCE performed field pavement condition inspections on all the arterial and collectors (approximately 600 miles) as well as approximately 1,000 miles of residential streets. These were walking inspections as per the StreetSavera protocols. NCE updated the StreetSaverO database with the distress data collected, calculated the pavement condition index, and provided training on the StreetSaverO program as well as a discussion of maintenance and rehabilitation treatments for County staff. Engineering & Environmental Services 55B-284 MPavement Management Plan Agency Submittal XIV. Appendix D — Pavement Management Data Files The Pavement Management data files shall be submitted to OCTA in spreadsheet format. This must include the following information: Street name and limits for all public streets Street identifiers (Branch ID, Section ID) Direction (if applicable) Beginning and ending of each section Length, widths, and true areas Functional Classification (MPAH, Local) Number of travel lanes PG and date of inspection Type of recommended treatment Cost of recommended treatment The Pavement Management data files are attached here as a CD, or included as Appendix D XV. Appendix E — GIS Maps — Current Conditions (Optional) If included, attach and label Appendix E. P a g e 115 55B-285 i -0 0 1 1=- k x .... . ...... -1 11 Owl 2 1 2 . . . . . Iv. —m—. —11 ....... ..... . . 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SON' S� 12� 1� N - R P. . . . . . . .2 51 . . . . . . . . . .1. .1. 0 —Inn. �Zzzzz�M L;M M t; t; tn Qo 888MM888008o �z -oo Cl) C14 Cl) CL m Ll some 10011 m . ONE oil sun"= 1001 OWNS OON ON 00' Zia IIIQIII SOON Sm Wirm N UF Cl) a a 5513-341 55B-342 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19,2018 TITLE: ADOPT A RESOLUTION AUTHORIZING SETTLEMENT OF LIABILITY CLAIMS AND LITIGATED MATTERS FOR UP TO $50,000 AND WORKER'S COMPENSATION CLAIMS FOR UP TO $150,000 AND REPEAL RESOLUTION NO. 2015-041 (STRATEGIC PLAN NO. 4, 1) ff24 CITJ �ANAGER I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UTU11061wo, El As Recommended [I As Amended El Ordinance on 181 Reading El Ordinance on 2n' Reading El Implementing Resolution [I Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution Authorizing settlement of liability claims and litigated matters for up to $50,000 and workers compensation claims for up to $150,000 and repealing Resolution No. 2015-041. DISCUSSION Currently, the City of Santa Ana allows the Executive Director of Human Resources approval for liability, workers compensation claims, and litigated matters in an amount not to exceed $5,000. From $5,001 to $10,000 claims and litigated matters are authorized to be settled by the Executive Director of Human Resources and the City Attorney. Between $10,001 and $25,000, claims and litigated matters can be settled by the Executive Director of Human Resources, City Attorney and City Manager. The Human Resources Department conducted a study of Orange County cities and determined that the City of Santa Ana's settlement authority was on the low end of what other cities authorized for settlement without the need to go to the City Council for approval. In particular, Huntington Beach, Fountain Valley and Anaheim authorize settlement of liability claims up to $35,000. While, Newport Beach, Irvine, and Orange allow settlement of liability claims up to $50,000. For workers compensation claims, Garden Grove and Irvine authorize settlement up to $100,000; Newport Beach authorizes settlement up to $125,000; Huntington Beach up to $150,000; Anaheim up to $175,000 and Orange up to $200,000. 55C-1 Adopt a Resolution Authorizing Settlement of Claims and Litigated Matters June 19, 2018 Page 2 In order to create efficiency and to streamline the claims process, the City Manager is recommending an increase in settlement authority for liability claims and litigated matters from $25,000 to $50,000. In addition, the City Manager is also asking for an increase in settlement authority for workers compensation claims from $25,000 to $150,000. The settlement authority approval would be as follows: LiabilitV Claims and Litigated Matters Settlement Amount Ap_proval Reguired $0-$25,000 Executive Director of Human Resources $25,001 - $50,000 City Manager, Executive Director of Human Resources and City Attorney Workers Compensation Claims Settlement Amount I Approval Reguired $0 - $150,000 City Manager, Executive Director of —Human Resources and City Attorney STRATEGIC PLAN ALIGNMENT Approval of this items allows the City to meet Goal #4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is n4 Fiscal Impact associated with this item. Steven V. rXar� Executive birector Human Resources Department 55C-2 LAIR — 06119/18 RESOLUTION NO. 2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY STAFF TO SE17LE LIABILITY CLAIMS AND/OR PENDING LITIGATION AGAINST THE CITY UP TO FIFTY THOUSAND DOLLARS AND WORKERS' COMPENSATION CLAIMS FOR UP TO ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND REPEALING RESOLUTION 2015-041 Whereas, California Government Code Section 900 et seq. establishes general provisions regarding the processing of claims filed against cities, and authorizes cities to adopt local procedures not in conflict with state law; Whereas, California Government Code Section 935.4 allows this Council by resolution to authorize an employee of the City to allow, compromise or settle a claim against the City which would otherwise be filed and borne by the City Council; Whereas, California Government Code section 949 allows this Council to delegate its authority to its attorney or employee to compromise any pending action. Whereas, the City of Santa Ana is permissibly self -insured for Workers' Compensation pursuant to the provisions of Sections 3700 at secl. of the California Labor Code; Whereas, consideration by the City Council of every claim or action presented can occupy an inordinate amount of time, preventing the City Council from considering other important matters of City business; and Whereas, a survey was conducted by Human Resources staff and it was discovered that many Orange County cities delegate authority to settle litigation and claims in excess of the twenty-five thousand dollars currently authorized by the City Council. Whereas, increasing the authority to settle claims and litigated matters would increase efficiency and streamline internal processes. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The Executive Director of Human Resources, or his/her designee, is authorized to allow, compromise or settle liability claims and/or pending litigation (i.e. lawsuits) against the City up to twenty-five thousand dollars ($25,000); Resolution No. 2018-XXX 55C-3 Page 1 of 3 Section 2. The Executive Director of Human Resources, City Attorney, and City Manager or their respective designees are authorized to allow, compromise or settle liability claims and/or pending litigation (i.e. lawsuits) against the City for twenty-five thousand and one dollars ($25,001) up to fifty thousand dollars ($50,000); Section 3. The Executive Director of Human Resources or his/her designee is authorized to compromise or settle workers' compensation claims, including stipulated judgments, liens resulting from claims, bills and invoices relating to management of the claim, up to one hundred and fifty thousand dollars ($150,000-00) with the approval of the City Attorney and City Manager or their respective designees. Section 4. All settlements of claims, litigation and workers compensation claims pursuant to this Resolution will be reported to the City Council on a quarterly basis in a similar manner to the contracts for less than twenty-five ($25,000) approved by the City Manager. Section . Resolution No. 2015-041 is hereby repealed. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 14-0-� R,,W,,,;— Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2018-XXX 55C-4 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-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 Resolution No. 2018-XXX 55C-5 Page 3 of 3 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2018 TITLE: GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; REQUESTING BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE CITY OF SANTA ANA GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND SUBMISSION OF A PROPOSED CHARTER AMENDMENT REGARDING BY WARD ELECTIONS FOR VOTER CONSIDERATION (STRATEGIC PLAN NO. 5, 1) CIDIMANAGER V RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED E] As Recommended El As Amended El Ordinance on 1 � Reading El Ordinance on 2nd Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER JUN 19 Z618 1. Adopt a resolution giving notice and requesting the Board of Supervisors of the County of Orange to consolidate the 2018 Statewide General Election on November 6, 2018 with the City of Santa Ana General Municipal Election for certain officers and proposed City Charter Amendment regarding By -Ward Based Elections. 2. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 2018 General Municipal Election. 3. Adopt a resolution to approve title of Charter Amendment and proposed language for consideration by voters, 4. Adopt resolution authorize the filing of Arguments and Rebuttals. 5. Submittal of Impartial Analysis for voter consideration. 6. Direct Clerk of the Council to publish legal notices as required by law. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a general municipal election. The subject resolution establishes November 6, 2018 as the date for the election of the Mayor and Members of Wards 2, 4 and 6 of the City Council. 5513-1 2018 General Municipal Election and Charter Amendment June 5, 2018 Page 2 Pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's General Municipal Election with the Statewide Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections for the purpose of electing a Mayor and Councilmembers for Wards 2, 4 and 6 and proposed City Charter Amendment on Ward Based Elections to be held on November 6, 2018 and authorizes the Board of Supervisors to canvass the election returns. Also, candidates for Mayor and the City Council may choose to have a candidate's statement mailed to each voter as part of the Voter Information Pamphlet. As an added option, the County of Orange Registrar of Voters Office offers a 200 and 400 word option and further have the option to print or simply post an electronic copy of the statement on their website. Candidate statements are produced at the candidates' option, not mandated, and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters estimated cost for the Candidate Statement as follow: Print in voters pamphlet and electronic copy of Candidate Statement in Registrar of Voters Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $1,546.00 400 Words $2,775.00 Electronic cop of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $494.55 400 Words $672.55 Additionally, the City Council directed staff to bring forth a Charter Amendment regarding ward - based elections. Said matter has been discussed recently by the City Council on February 20, 2018, and March 6, 2018. In summary, the City of Santa Ana currently utilizes an at -large election system, which allows electors from the entire City to elect each of the six (6) Councilmembers and the Mayor; the councilmembers must be nominated by electors in their respective ward. The proposed Charter Amendment proposes a Ward -Based Election System in which councilmember are both nominated and elected by electors in that Ward. The California Elections Code requires the adoption of the attached resolutions in order to place a ballot measure before the voters at a special municipal election and must be submitted to the Registrar of Voters at least 88 days in advance of the election (refer to Exhibit 1). In addition to calling for the election, a resolution may be approved to permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the Clerk of the Council. The Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument. 55D-2 2018 General June 5, 2018 Page 3 Municipal Election and Charter Amendment The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the Clerk of the Council and posted following final adoption of the resolution calling for the election. Also, whenever a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code §9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. City Attorney had previously prepared the Impartial Analysis and will be submitted for inclusion in the ballot. 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 The cost to consolidate the General Municipal Election for candidate and Charter Amendment measure is estimated to be $275,000. Funds for these administrative costs are available in the Clerk of the Council, Contractual Services account no. 01107031 62300, FY 2018-2019. Maria D. Huizar Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executiv q-V Finance and Management Services Agency Exhibits: 1. Resolution Calling Election & Consolidating 2. Resolution with proposed Charter Amendment language 3. Resolution Establishing Estimated Candidate Statement Cost 4. Resolution authorizing the filing of Arguments and Rebuttals 55D-3 55D-4 EXHIBIT 1 RESOLUTION NO. 2018-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 6, 2018 TO ELECT CERTAIN MUNICIPAL OFFICERS AND FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE REGISTERED VOTERS OF THE ENTIRE CITY AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6; 2018, for the purposes of electing the Mayor and Councilmembers from Wards 2, 4, and 6. B. The City Council adopted Resolution No. 2018-XXX submitting to the voters the question relating to a proposed amendment to the City Charter regarding changing from at -large election of City Councilmembers to a by -ward election of City Councilmembers. C. There will be a statewide general election held on November 6, 2018. 1). It is desirable that the general municipal election of the City of Santa Ana on November 6, 2018 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and charter amendment be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as If there were only one election. E, The Clerk of Council is authorized, instructed, and directed to give further notice of the election, in time, form and manner as required by law. Resolution 2018-XXX Page 1 of 3 55D-5 Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the November 6, 2018 general municipal election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 2, 4, and 6 and the proposed Charter amendment with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulation the statewide election. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section : The City of Santa Ana recognizes the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B 4uvt-al k - IRLCI"� Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution 2018-XXX Page 2 of 3 55D-6 AYES: Ccuncilmembers NOES: Counclimembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on ju—ne _, 2018. Date: Resolution 2018-XXX Page 3 of 3 C I wk-ufl he-Cmi-c-1 I — City of Santa Ana 55D-7 55D-8 EXHIBIT 2 RESOLUTION NO. 2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER AMENDMENT REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY TO BE INCLUDED ON THE BALLOT FOR THE 2018 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. Changing from at -large City Councilmember elections to ward -based City Councilmember elections requires a Charter amendment approved by the voters. Section 2. The City Council has considered the issue of changing from at -large City Councilmember elections to by -district City Councilmember elections and has determined that the voters of the City of Santa Ana should decide whether City Councilmembers should be elected using the by -ward voting method rather than the at - large voting method. Section3. There is a general municipal election scheduled for November 6, 2018. Section 4. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to whether City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City, Section 5. Under the provisions of the Charter of the City of Santa Ana and the California Elections Code, at the General Municipal Election to be held on November 6, 2018, the following proposed amendments to the City Charter shall be submitted to the voters: Resolution No. 2018-XXX Page 1 of 3 5501-9 Measure—..... YES Shall City of Santa Ana Charter section 400 be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections NO by registered voters of the entire City? Section 3. The text of the Charter amendment to Charter section 400 to be submitted to the voters is attached as Exhibit A and incorporated by reference. Section 4. The vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. Section 5. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the Clerk of the Council is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council. and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: iawta� Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2018-)= 55D-1 0 Page 2 of 3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June _, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution No. 2018-XXX Page 3 of 3 55D-1 1 Exhibit A -City of Santa Ana Charter Section 400 (Deleted language is stricken and new language is in red) Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and one (1) of such offices shall be assigned to each of the wards of the City. Counciimembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. Gandidates 55394t=2\30632997.1 55D-1 2 EXHIBIT 3 RESOLUTION NO. 2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2018 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR ELECTRONIC COPY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(d) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay In advance to the local agency his or her estimated. pro rate share as a condition of having his or her statement included in the voter's pamphlet or electronically distributed. B. Prior to the period in which candidate statements may be filed, the Orange County Registrar of Voters Office estimates the total cost of translating, posting electronic copy on the Registrar of Voters website, printing, handling, and/or mailing the candidates' statements and determines the approximate cost of the pro rata share of each candidate filing a statement based upon such estimate, as follow: Print in voter's pamphlet and electronic copy of Candidate Statement in Registrar of Voters Office website in English, Spanish, Vietnamese, Korean and Chinese: 0 200 Words $1,546.00 a 400 Words $2,775.00 Electronic cop of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: 0 200 Words $494.55 9 400 Words $672.55 The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet, and/or electronic posting. Resolution No. 2018-XXX Page 1 of 3 55D-1 3 Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time as the candidate's nomination papers as prescribed by the California Elections Code. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Cler k of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. The Clerk of the Council shall provide each candidate or the candidate's representative a copy of this Resolution at the time when nominating petitions are Issued by the Clerk. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 4, Nx" k- Laura Rossini, Senior Assistant City Attorney Resolution No. 2018-XXX Page 2 of 3 Miguel A. Pulido Mayor 55D-14 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Counclimembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June _, 2018. Date: Maria D. Huizar, Clerk of the Council Resolutlon No. 2018-XXX Page 3 of 3 55D-1 5 55D-1 6 EXHIBIT 4 RESOLUTION NO. 2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENT TO THE SANTAANA CHARTER REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCYWARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6, 2018, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to whether the City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward instead of City Councilmember election by registered voters of the entire City. B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Resolution 2018-XXX Page I of 2 55D-1 7 Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: NOT PRESENT: Counclimembers: Councilmembers: Miguel A. Pu I Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do herebyattestto and certifythatthe attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June_, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution 2018-XXX 5501-18 Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: REVIEW AND APPROVE THE CITY COUNCIL RECOGNITION POLICY (STRATEGIC PLAN NO. 1-7) CITY4NAGER V RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F_'T1j.jZT*7F:r91 El As Recommended M As Amended E3 Ordinance on 1 s� Reading [I Ordinance on 2n' Reading [I Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review and approve the City Council Recognition Policy; or 2. Provide staff direction. DISCUSSION At the June 5, 2018 City Council meeting, staff was provided direction to update the City Council Recognition Policy to accommodate one recognition per Councilmember at each City Council meeting, which has been reflected in the revised policy (Exhibit 1). The City Council also requested that staff prepare an ordinance or resolution expanding on rules of decorum during City Council meetings with the following elements: 1) Closed Session meetings to begin earlier or recessed at a reasonable time in order to consider the general public that attends the Regular Council Meetings, and 2) establish speaking time limits for Councilmembers with the time monitored by the Clerk of the Council. The draft rules of decorum and meeting start time ordinance and resolutions will be presented at the next Legislative Affairs, Ethics, Transparency and Communications Council Committee. Following the committee meeting, the resolution and ordinance will be agendized for Council consideration. The Council Recognition Policy establishes consistent practices as it relates to recognitions at Council meetings or non -City Council meetings/events. Implementing a process will allow the City Council to be consistent in determining the appropriate number of recognitions at each City Council meeting or non -City Council meeting/events, and the level and category of each recognition award. This process will not only ensure consistency among each recognition, it will also make costs of providing recognition more efficient. Currently, Council Members are permitted to recognize any individual, group, or official on behalf of the Mayor and the entire City Council without a formalized limit. To better serve the City Council, staff recommends establishing a policy that will outline recognition procedures . 65A-1 City Council Recognition Policy June 19, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goals #1-7 — Community Safety; Youth, Education, Recreational; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana. FISCAL IMPACT There is no Fiscal Impact associated with this item. Exhibit: I . City Council Recognition Policy 65A-2 City of Santa Ana Administrative Policies and Procedures City Council Adoption City Council Recognition Policy Date Revised: June 19, 2018 PURPOSE: Establish guidelines for recognition ofindividuals, groups, and events by issuance of proclamations and certificates of recognition. PROPOSAL: Implement a process that will allow the City Council to be consistent in determining the appropriate number of presentations at each City Council meeting, and the level and category of each presentation award. This process will not only ensure consistency among each presentation but will also decrease the costs of providing recognition. PROCEDURES: It shall be the policy of the City Council that will evaluate a request for recognition. Staff will use the guidelines of this policy as a basis for deciding appropriate recognition. Based upon these guidelines, City Council members may issue recognition as is appropriate to the type of request. This item may then be considered for placement on the agenda for presentation at a City Council meeting, be presented at an outside meeting or event, or be mailed to the recipient. Further, it is the policy of the City Council that the City Managers Office will process all requests for recognition that meet this policy as a matter of routine. The City Manager may, at any time, add to, delete, or modify any section or portion of a section of this policy. BACKGROUND: The City of Santa Ana has not declared a formal policy or consistent procedure that will set guidelines to the appearance of and amount of recognition that may be presented by councilmembers. Currently, councilmembers are permitted to recognize any individual, EXHIBIT I 65A-3 group, or official on behalf of the Mayor and the entire City Council without a limit. To better serve the City Council, staff recommends establishing the following policy. POLICY This policy outlines the process for the issuance of formal recognition at City Council meetings or non -City Council meeting events, in support of a particular event, program or cause, group, or recognition of a particular individual by the City Council. 1. It is the policy of the City of Santa Ana to proclaim certain periods of time and recognize individuals and/or organizations for their outstanding performance in accordance with the criteria set forth below. 2. Each Councilmember will have the opportunity to request a maximum of 1 presentation per City Council meeting. 3. City Councilmembers may request certificates or proclamations for events outside of the City Council meetings, but may not exceed 20 certificates and/or 2 proclamations per event. 4. To ensure recognition requests are received and processed by the City Managers Office on a timely basis, Councilmembers will provide the recipients information as identified below: Name of Recipient(s) Contact Information Date of Presentation (City Council Meeting or Event) Type of Award (Pro clamation/Certificate of Recognition) Brief Background Information Regarding Recipient/Event 5. Email requests for recognition will be copied to all city councilmembers so that there is a record of each request submitted to the City Manager's Office and will further serve as an opportunity for councilmembers to review all requests prior to the recognition. 6. Requests for council meeting recognition from councilmembers must be submitted to the City Manager's Office at least 7 calendar days in advance of the time period for which they seek recognition. Advanced notice is necessary to ensure that requests are processed accurately and to allow the City Manager's Office time to prepare speaking points and to confirm that recipients will be able to attend the City Council meeting. 7. The Clerk of the Council shall add the presentation items to the City Council Agenda as approved by the City Manager. Presentations will be listed on the Agenda as EXHIBIT 1 2 65A-4 individual recipients of the recognition (i.e. name of the business, organization, and/or individual(s) identified) to inform the council and public as to who is recipient of said recognition. In an effort to streamline the presentations, it is recommended that groups larger than 10 be given out as a set and not mentioned individually. GENERAL CRITERIA Candidates for recognition must meet the following minimum requirements: 1. Candidates must have made contributions or achievements directly affecting the lives of Santa Ana citizens, or achievements within the City, but candidates need not be residents of the City and organizations do not need to be located in the City. 2. Service recognized will benefit the community and will be of an outstanding nature. 3. Service will be non-compensable and will show dedication to the City of Santa Ana. 4. Generally, City employees are not eligible for recognition except where their service or achievement1contribution is deemed above and beyond the scope of their normal duties. AREAS OF RECOGNITION. Recognition may be for, but will not be limited to, service in one or more of the following areas: 1. Business — contribution toward the improvement of the industrial/business community in such a way as to benefit the City (e.g., through Rotary, Chamber of Commerce, Grand Opening, etc.) 2. Community — contribution to the positive growth, progress, improved image and/or economic improvement of the City. 3. Education — contribution to the students of Santa Ana or to the educational system, which will directly or indirectly influence the educational awareness and achievement of students. 4. Non -Profit — in recognition of the significant achievement or contribution of a non- profit organization, that organization shall receive a certificate at a City Council meeting. 5. Academic — a certificate may be issued to individuals for exemplary academic achievements. EXHIBIT 1 65A-5 6. Athletic — a certificate may be issued to an individual, or sports team for exceptional performance. 7. Memorial — the Mayor may dedicate a meeting to the memory of an individual at the time of adjournment. At the Mayor's discretion, an In Memoriam certificate may also be prepared and mailed to the descendant's next of kin (in Memoriam certificates are processed by the Clerk of the Council's Office). 8. National DaylWeeklMonth or Dates of Observance — a proclamation may be issued by/to an organization or individual who has a direct correlation with the recognition. 9. Anniversary — A certificate or proclamation of anniversary shall be prepared to commemorate an anniversary for a community service organization located in the City, a company doing business within the City or another public agency. The organization being honored shall be invited to send a representative to a City Council meeting to receive the award. Limitation of requests include: a) A proclamation request will be honored only for major anniversaries (e.g., 26th, 50t�, 100th, etc.) b) For all other anniversaries a certificate of recognition will be provided. I O.Acts of Heroism — A certificate may be issued to an individual who performs heroic acts within the City or representing the City. (military, saving a life, etc.) 11. Retirement — A certificate or proclamation may be issued for the retirement of an influential individual within the City. 12. The Mayor, at his or her discretion, may present an award to an individual or group in addition to the items noted above. RECOGNITION TYPES Acknowledgments are issued based on the following general guidelines Certificates of Recognition — A certificate of recognition is prepared in response to the type of recognition requested. Types of certificates issued include certificates of commendation, recognition, appreciation, accomplishment, and In Memoriam. Certificates are prepared by the City Manager's Office and signed by the City Council. Certificates may be presented at a City Council meeting or at an event or meeting outside of the City Council meeting, or they may be mailed to the recipient. EXHIBIT 1 4 65A-6 a) Certificates of recognition for less than 5 people at City Council Meetings will be placed in blue padded folders with the City Seal. Certificates of recognition for more than 5 persons will be placed in blue paper folders. b) Certificates of recognition for any amount of people for non -City Council meetings will be placed in blue paper folders with the City Seal. Proclamation — Proclamations are issued to designate a day, week, month, or year during/on which an event, individual, organization or cause shall be recognized or observed; and shall have applicability to the Santa Ana community and/or local government entity. Proclamations may also be issued to individuals or organizations in recognition of efforts, actions or accomplishments of an individual or group when those efforts, actions or accomplishments have had a positive effect on this community or relationship to this community. Proclamations are prepared by the City Manager's Office and signed by the City Council. They may be presented at a City Council meeting or at an outside meeting or event. a) Proclamation recognitions for less than 5 people at City Council meetings will be placed in blue padded folders with the City Seal. Proclamation recognitions for more than 5 persons will be placed in blue paper folders. b) Proclamation recognitions for any amount of people for non -City Council meetings will be placed in blue paper folders with the City Seal. EXHIBIT 1 5 65A-7 65A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5,2018 TITLE: APPROVE SUBMISSION TO THE VOTERS AT THE NOVEMBER 6,2018 MUNICIPAL ELECTION: A SALES TAX MEASURE FOR MUNICIPAL SERVICES (STRATEGIC PLAN NOS. 4.3.) �s e� --, CITY IWANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended [I As Amended El Ordinance on 181 Reading [I Ordinance on 2nd Reading El Implementing Resolution [I Set Public Hearing For CONTINUED TO JUN 19 2018 FILE NUMBER Discuss placing on the November 6, 2018 General Municipal Election ballot a measure asking voters to consider the adoption of a sales tax; and 2. Authorize and direct staff to prepare all required documents necessary to proceed with a ballot measure, including, but not limited to, all of the following: a) a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 6, 2018 for the submission of questions to the voters relating to a sales tax measure. b) a resolution containing the ballot question and related to the sales tax measure; c) a resolution authorizing Councilmembers to file written arguments for or against the amendments; and d) guidelines for preparation of arguments for/against the proposed amendments; e) all other documents required to proceed with a sales tax measure. DISCUSSION On March 20, 2018, the Mayor and City Council authorized staff to evaluate revenue generation opportunities to meet the city's needs to address the projected deficient for the current fiscal year and for future fiscal years. Staff identified a structural deficit in the City's General Fund budget that would require a combination of cuts, transformational changes, and revenue enhancements, in order to continue to provide service to the community. Staff is recommending that the City Council provide direction to staff to finalize the necessary documentation to propose to the voters of the community a sales tax increase that would generate the requisite funds to maintain and in some cases enhance current services to the 6513-1 Discussion and Direction to Propose a Sales Tax Measure on the November 6, 2018 Ballot June 5, 2018 Page 2 community. At this time, staff is evaluating sales tax rates and will then prepare a staff recommendation for City Council consideration on the rate and the estimated revenue that may be generated by such an initiative if successful. As a general purpose tax measure, it would require a simple majority of the voters (50% plus 1) to implement such a tax. The California Election Code requires the adoption of certain resolutions to call the election and place the proposed question to the City's voters. The Orange County Registrar of Voters requires that these resolutions be submitted generally before the end of July 2018. Staff is seeking Council's authority and direction to prepare the necessary documents which must be presented to the City Council for approval. Staff anticipates presenting the documents for approval in early July 2018. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City's to meet Goal #4- City Financial Stability, Objective #3, (Maintain a structurally balance budget with appropriate reserve levels). FISCAL IMPACT There is no fiscal impact associated with this action 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: COUNCILMEMBER REQUEST TO REVIEW PLANNING COMMISSION ITEM REGARDING SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110, 2114, AND 2020 EAST FIRST STREET, AMG & ASSOCIATES, APPLICANTS (STRATEGIC PLAN NOS. 3, 2; 5, 3) 004 __: C±yAANAGER RECOMMENDED ACTION Discuss matter and direct staff. BACKGROUND CLERK OF COUNCIL USE ONLY: 0951T.071TS, As Recommended As Amended El Ordinance on 1 s' Reading El Ordinance on 2nd Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER The following item was considered by the Planning Commission on June 4, 2018 and approved accordingly: SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT APPLICATION NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110, 2114, AND 2020 EAST FIRST STREET (WARD 1) WITH THE RECOMMENDATION THAT THE DENSITY BONUS AGREEMENT APPROVED BY CITY COUNCIL REQUIRE A MAP OF THE OFF -SITE PARKING LOT LOCATIONS AND NUMBER OF OFF -SITE PARKING STALLS. AYES: MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (4) NOES: BACERRA(l) ABSTAINED: NONE (0) ABSENT: ALDERETE, CONTRERAS-LEO (2) On June 4, 2018, at a special meeting, the Planning Commission approved Site Plan Review No. 2017-09 and recommended that the City Council approve Density Bonus Agreement No. 2017-02 to allow construction of a mixed -use affordable, family -oriented rental community proposed by AMG and Associates at 2110, 2114, and 2020 East First Street. The project will consist of 552 65C-1 Discussion and Consideration of SPR No. 2017-09 and Density Bonus Agreement No. 2017-02 June 19, 2018 Page 2 affordable residential units and 10,000 square feet of leasable commercial space on property located at 2110 and 2114 East First Street, as well as construction of a portion of the project's required fire lane on property located at 2020 East First Street. The project requires approval of a Density Bonus Agreement to: 1. Secure affordability of the project for a period of at least 55 years, and 2. Allow granting of three concessions and one waiver from the City's development standards in order to facilitate construction of the project as proposed. Pursuant to the State Density Bonus Law (Cal. Gov't. Code Sections 65915 through 65918), the City is required to grant the three concessions and waiver unless technical studies are prepared to show that the project would negatively impact historic resources in the immediate vicinity or the project's design and operations, with the requested in centives/co n cession s and waiver, would be detrimental to public health or safety. City Council ODtions Schedule item for public hearing to consider modification of the Planning Commission action. No further action, in which case the Planning Commission approval stands. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact from this action. ,KAYh Thai Executive Director Planning and Building Agency AP:rb SRFGAM�19-18\65GSPR 17�09 & DBA 17-02 2110 2114 & 2020 E VtStAMG Exhibits: A. Planning Commission Staff Report B. Planning Commission Excerpt 65C-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 4,2018 TITLE: PUBLIC HEARING — SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT APPLICATION NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110, 2114, AND 2020 EAST FIRST STREET, AMG & ASSOCIATES, APPLICANTS (STRATEGIC PLAN NOS. 3,2; 5,3) Prepared by Ali Pezeshkpour Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED 0 As Recommended D As Amended 0 Set Public Hearing For DENIED • Applicanfs Request • Staff Recommendation CONTINUED TO kx� Af PlaaKnagdr 1. Adopt a resolution approving Site Plan Review No. 2017-09 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement Application No. 2017-02 as conditioned. Executive Summa Gene Broussard, representing Affordable Housing Land Consultants, Inc. (uAMG & Associates"), is requesting approval of a site plan review (SPR) and a density bonus agreement (DBA) to allow the construction of an affordable 552-unit rental family -oriented mixed -use commercial and residential community known as First Point. As proposed, the project requires approval of several waivers from the Metro East Mixed Use (MEMU) overlay district's development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600. The project also includes construction of a portion of the project's required fire lane on an adjacent, developed property located at 2020 East First Street. Staff is recommending approval of the applicant's request due to the project's satisfaction of meeting the intent of the MEMU overlay district to promote a pedestrian-orlented environment with a mix of land uses and because the project will provide additional affordable rental housing stock to an underserved segment of the region's population. Table 1: Prolect and Location Information Item Informatl6n Project Address 2110, 2114, and 2020 East First Street Nearest Intersection First Street and Golden Circle Drive General Plan Designation District Center (DC) ATTACHMENT A 65C-3 SPIR No. 2017-Og/DBA No. 2017-02 May 21, 2018 Page 2 Item Information, Zoning Designation General Commercial (C-2) with the Metro East Mixed Use (ME�i_U) -overlay ffiqtrint U17-11 Aptiv Urban sub -district Surrounding Land Uses Commercial (North) Commercial (East) Educational (South) Commercial (West) Site Size 6.89 acres combined Existing Site Development The site contains two commercial buildings Use Permissions Mixed -use projects permitted by the OZ-1 designation; deviations/concessions will address proposed deficiencies Zoning Code Sections Affected Uses I Oz-1, Section No. 4 Development Standards I OZ-1, Section Nos. 4 through 7 Promect Description The project includes demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. The project will contain two structures consisting of a ground -level parking area and five levels of residential above. A total of 552 affordable rental units will be provided on the project site. A total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. The project will include one -bedroom units (27), two -bedroom units (239), three -bedroom units (146), and four -bedroom units (140) ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. Open space will be provided through a publically-accessible plaza fronting First Street, eight private courtyards, and amenity areas. The public plaza with open seating will front First Street and will also contain seating, landscaping, and hardscape areas suitable for programming with temporary kiosks or events. The project's commercial area and leasing office will also front First Street, enhancing the development's street presence. Eight courtyards wifth distinct themes and amenities for children and adults will be located throughout the interior of the site. Interior common rooms such as recreation areas, fitness centers, and laundry rooms will provide additional amenities to residents and visitors. A common open space "view room" on the upper levels will face north toward First Street with views toward the Xerox Tower and the recently - completed Nineteen0l mixed -use development. The project will feature a contemporary architectural style common of many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. Ceramic tile, fiber cement board and siding, smooth stucco finishes, and metal railings will contribute to this theme. These solid materials will ensure that the project ages well for the duration of the building's lifetime. Although not a part of the current entitlement, the applicant intends to submit a tentative parcel map application at a future date to subdivide the project site Into two lots for financing purposes in order to facilitate construction of both buildings. The applicant is currently preparing the 65C-4 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 3 required tentative parcel map, which will clarify if the proposed subdivision will be for fee -simple lots or for condominium purposes. The tentative parcel map application will require review and action by the City's Zoning Administrator. Table 2: Conformance to Development Standards Standard Required by.'theVEMU Provided Stories Minimum 3, no maximum 6 Minimum Site Area 1 acre 6.89 acres Permitted Frontage Forecourt, shopfront, gallery, or Shopfront, With plaza on First Street arcade EMU Publicly Accessible Open Space 15 percent R total lot area Less than 2 percent — Requires Concession (1 of 3), Cat. Govt Code Sec. 65915 (d)(1) Private/Common Open Space 100 square feet per unit 104 square feet per unit Building Setbacks 0-20 feet (front), 0-10 feet (side), 100 6 (front), 6-40 (side), 45 (rear) — feet (rear) Requires Concession (2 of 3), Cat. Gov't Code Sec. 65915 (d)(1) Residential Parking 2 spaces per unit overall — every unit 1.03 spaces per unit — Requires must be allocated at least 1 space Concession (3 of 3), CaL Govt Code Sec. 65915 (d)(1) Courtyard height-to-%vidth ratios 2 to I (enclosed on four sides), 3 to Complies; various ratios in excess of I (open on one or more sides) 2 to I and 3 to 1 provided Driveway width 24 feet maximum L 38-46 feet — Requires Waiver, Cali Govt Code Sec. 65915 (e)(1) Building Massing A variety of massing, volume, and Complies; the building features a step -backs are required to increase step -back along First Street and building articulation breaks in volume to reduce massing Table 3: Density Bonus Calculation .Density or,'Boirius�� .�i �Allow6d,foe'Projectj_ Providedl. Base Density 620 units (6.89 acres x 90 unitslacre 552 units base density used as a standard for developments in areas designated DC by the General Plan Land Use element) 35-Percent State Density Bonus +217 units (620 x 0.35) 0 35-Percent Bonus Provided by the +217 units (620 x 0.35) 0 Hous!ZFO portunity Ordinance total its 1 1054 units maximum 552 units proposed Although the project is proposing a total number of units (552) that is below the maximum City - prescribed density for the project site based on its acreage, the developer is able to seek up to three density bonus concessions and a waiver because it is a 100-percent affordable project. The City's Housing Opportunity Ordinance (HOO) allows developers to request up to two concessions to facilitate construction of affordable housing. However, none of the concessions listed in the HOO are being requested by the applicant. Instead, the three requested concessions and the waiver are permitted by Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(11), a local jurisdiction is limited in its ability to deny the requested concessions and waiver and is 65C-5 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 4 preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Back -ground The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. Since Its adoption, one mixed -use project at 1901 East First Street has been constructed and is occupied. Another affordable rental residential project by the same developer at 2222 East First Street was entitled in September 2017, and a market -rate mixed -use development at 200 North Cabrillo Park Drive is currently entitled. The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to 'justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Analysis of the Issues Section 8 of the MEMU regulating plan, Implementation, requires the Planning Commission to review an application for development subject to the provisions of the overlay district. Upon review of the required Site Plan Review (SPR) application, the Planning Commission may take the following actions: approve, approve with conditions, or deny the SPR. The City's Development Review Committee has reviewed the project and finds that it Is incompliance with the majority of development standards contained within the MEMU regulating plan, with the exception of the four development standard deviations requested by the applicant indicated in this report. In addition, Section 41-1607 requires an application for a density bonus agreement containing "deviations" (incentives/concessions and/or waivers) to be approved by the Planning Commission. The following subsections analyze the applicant's request for both the Site Plan Review and the Density Bonus Agreement applications. Table 4: Analysis of the Requested Incentives/Concessions (3) and Waiver (1) Standard I Analysis 65C-6 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 5 Standard Analysis Publicly Accessible The MEMU regulating plan requires that publicly -accessible open space be provided Open Space along main street -facing fagades. Because the project has frontage on only one street, (incentive/Concession) meeting this requirement would result In the building being pushed back significantly from First Street and would render almost the first 1/4 of the site's depth unusable for building area, resulting In the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting In a different type of construction (steel-framerrype I versus wood/Type 111), further Increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The applicant intends to compensate for this reduction by providing a greater average square footage of private/common open space per unit on the project site. Building Setbacks For a project of this size and construction type, OCFA requires 360-degree circulation (Incentive/Concession) on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results In the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting In a different type of construction (steel -frame versus wood), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting In a significant loss of units and parking area. Onsite parking Constructing 2.0 parking spaces per residential unit on the project site would require (incentive/Concession) the developer to construct an additional level of parking either above- or below -grade, resulting in Increased construction costs and/or a loss of an entire level of residential units. Driveway width (Waiver) If the project were designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingresslegress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. When analyzed cumulatively, the three requested concessions could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi- level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type 1) to construct a taller project, additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. Additional Issues The City thoroughly reviewed the applicants request to construct the proposed project and identified several additional items for consideration. These items are listed below and analyzed in the following paragraphs. 1. Large Family Housing and Unit Bedroom Mix 65C-7 SPIR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 6 Nearly half (48 percent) of the projecf s units will contain one or two bedrooms. The original project proposed at the site contained both senior and family -oriented housing in nearly 700 residential units. Following feedback from elected officials and City staff on housing needs identified in the 2014 Housing Element, the applicant revised the project to completely eliminate the senior component; the unit count was reduced to the present 652. In doing so, the applicant increased the number of multi -bedroom units. In 2010, the US Census reported that the average household size in Santa Ana was 4.37 and that the average family size was 4.54. Santa Ana's average household and family sizes are above Orange County's, which has an average household size of 3.99. As a result, the lower bedroom count of the project may serve a different segment of the population not identified in any local demographic (household or family size) figures or In the 2014 Housing Element. This issue may be exacerbated by the community's overall lower -than -average unit square footage of 1,061 square feet, which is below the 1,200-square foot unit average stated as a guideline in the MEMU regulating plan. 2. Housing Opportunity Ordinance (HOO) and the State's Density Bonus Law Under the State's Density Bonus Law, developers of affordable family -oriented housing projects may request a numerical density bonus up to 35 percent from base density. The City's Housing Opportunity Ordinance (HOO), last updated in 2015, augments the density bonus concept by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sec. 41-1904.1). Despite this opportunity for a "double density bonus,n staffs interpretation of the intent of both the State law and local ordinance support the concept of mixed -income housing development, with affordable housing units forming a component of such developments. Pursuant to SAMC Sec. 41-1600, the purpose of the City's ordinance Is "to provide Increased residential densities to developers who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualifled") households." Moreover, "The regulations are intended to ... provide a balance of housing opportunities for low income, very low-income, and senior households throughout the city." Mixed -income housing developments provide a "portion" of affordable units in an Integrated, mixed - income development unless it is financially or physically infeasible to do so, in which case a developer may pay an in -lieu fee to facilitate construction of affordable housing developments offsite. The City's Housing Opportunity Ordinance's furthers this goal, stating that is purpose is to '.encourage the development of housing that is affordable to a range of households with varying income levels" (SAMC Sec. 41-1900). It is also important to note the language in SAMC Sec. 41-1600 that encourages development of affordable housing for "households throughout the City' (geographically dispersed). The developer has recently entitled an all -affordable senior project ("Villa Court") on a project site approximately 320 feet to the east at 2222 East First Street that will contain 418 units. If approved, the proposed project would add another 552 all -affordable housing units in nearby, for a combined 970 affordable housing units in close proximity to one another. 65C-8 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 7 The City is required to revisit the HOO before December 31, 2018 to evaluate any amendments to the ordinance. On May 14, 2018, the Economic Development, Infrastructure, Budget and Technology (EDIBT) Council Committee met. Staff presented a verbal update on the HOO, and the Committee discussed HOO-related topics for discussion, including geographic dispersal of units and incorporating affordable units into mixed -income projects. The HOO Is silent on policies regarding all -affordable housing projects or geographic dispersing of affordable housing. Accordingly, these areas of discussions were not applied to analysis of the project. 3. Project Open Space Although stated as a guideline in the regulating plan, the project's unit sizes are generally well below the 1,200-square-foot average unit size objective. Under such circumstances, a project would typically provide greater onsite open space per unit, either as private open space or as common open space for the residents of the community. The applicant has considered this guideline and proposes to compensate through a greater average privatelcommon open space area of 104 square feet per unit instead of the 100-square-foot minimum, which results in 2,200 additional square feet of open space. However, given the large nature of the project and the reduction in private, common, and publically accessible open space, the extra four (4) square feet per unit may be Insufficient to compensate for the overall open space reduction. In addition, only 12 units of the 552 total will have balconies or terraces. 4. Development Intensity and Requested Deviations The project Is proposing a project density of 80 units per acre, which is below the typical 90 units per acre assumed by the District Center General Plan land use designation that is applied to the project site. However, in reviewing the proposed project, staff drew comparisons against the recently -entitled Madison mixed -use residential and commercial community at 200 North Cabrillo Park Drive, also in the MEMU area. The Madison was entitled With an overall density of 93 units per acre (260 units on 2.79 acres). This project was able to meet all MEMU regulating plan's development standards, including open space and building setbacks, With the exception of required onsite parking and maximum driveway widths, both of which the City Council approved through variance applications. Staff analysis indicates that the Madison was able to meet all MEMU standards due to the project's site plan, which features a multi -level parking structure at the heart of the development. The location and multi -level nature of the parking structure frees additional space on the project site that enables the development to meet MEMU standards, including all forms of open space (publically accessible, common, and private/per unit). 6. Reduction in Required Parking and Proposed Shuttle and Parking Valet Service Staff has analyzed the proposed project and finds that there Is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high -intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMIJ area have yet to 65C-9 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 8 redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these Impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site by 150 parking spaces. The study also Identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). As a result of the parking reduction requested for a family -oriented project, staff coordinated with the applicant to explore alternate options for reducing parking demand on the project site. In response, AMG prepared a parking management plan and draft concept for parking valet service to nearby privately -owned parking lots and to operate a shuttle from the project site to various transit stops nearby. To defer the costs of monitoring the shuttle, AMG and the City will include terms in the Density Bonus Agreement to address operations of the shuttle and/or valet service. The Planning and Building Agency, in coordination with the Public Works Agency and City Attorney's Office, have worked with the developer to refine the deal points. After careful consideration, the City and developer have agreed to the deal points, which will be incorporated into the Density Bonus Agreement and subject to review after one year. These terms are described in the "Density Bonus Agreement Deal Points" section of this staff report. 6. Additional Density Bonus Law Considerations There are no historic resources in the Immediate vicinity that would be impacted by the proposed development. The project's design and operations, with the requested incentives/concessions and waiver, will not be detrimental to public health or safety as the project was reviewed by the City's Development Review Committee, which consists of representatives from Planning, Building Safety, Public Works, Housing, the City Attorney's Office, and the Orange County Fire Authority (OCFA). Should the Density Bonus Agreement application be approved, the agreement will be authorized by the City Council after the Planning Commission considers the application for the project as a whole, including the Site Plan Review and Density Bonus Agreement applications together. Density Bonus Agreement Deal Points The applicant is currently negotiating terms of the Density Bonus Agreement with the City's Community Development Agency (CDA). The terms will include deal points that are intended to provide community benefits and services to the residents of the development and the greater Santa Ana community, and to address operations and the parking shuffle and/or valet service. Community Benefits 65C-1 0 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 9 • AMG and the City will negotiate ongoing onsite supportive services, programs, and amenities • AMG must ensure routine maintenance, access for inspections, and 24-hour emergency management • The project will incorporate green building features • AMG will engage in local hiring and Santa Ana work/live preference • AMG will support crime -free housing policies • AMG and the City will refine financial reporting requirements Parking Shuttle andlor Valet Service • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) to utilize its bus stops/pullouts as part of its shuttle service operations • All residents of delving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to terms prohibiting parking of his or her vehicle on any City -owned property • Every such agreement must contain penalties/consequences for Violating the terms of the agreement • Terms shall also be incorporated into the City's housing plan or agreement for the project • The shuttle shall be operated by the developer and be at the developer's expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The City may require the developer and/or management company to include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall work with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement Table 5: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQAType Previously approved environmental document (EIR No. 200&01) Reason(s) In accordance with the California Environmental Quality Act (CEQA), the recommended Exempt or Analysis action has been determined to be adequately evaluated In the previously certified EIR No.. 2006-01 as per Sections 15162 and 16168 of the CEQA guidelines. All mitigation measures In EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential 65C-1 1 SPIR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 10 CEQA, Strategic Plan Alignment, and Public Notification &Community Outreach nges in area traffic as a result of the proposed development. The' study concluded that no additional significant impacts would trigger the requirement for additional al 7environmen review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The FIRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (I- 5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant rl submitted a greenhouse gas study to Indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in this staff report, the project Is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined In the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or I threatened species. Strategic Plan Alignment Goal(s) and Policy(s) Approval of this Item supports the City's efforts to meet Goal No. 3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. The item also supports Goal 5 (Community Health, Livability, Engagement & Sustainability) Objective No. 3 to facilitate diverse housing opportunities and support efforts to presery and Improve the livability of Santa Ana neighborhoods. Public Notification & Community Outreach Required Measures A public notice was posted on the project site on May 25, 2018. Notification by mail was mailed to all property owners and occupants within -500feet of the er2ject site on May 25, 2018. Newspaper posting was published in the Orange County Reporter on May 25, 2018. The applicant held a Sunshine Ordinance community meeting on September 7, 2016 at the Saint Jeanne de Lestonnac School. Two members of the public attended: a schoolteacher from the facility and a representative from the City of Tustin. Both voiced their support for the project. No additional communications regarding the meeting were received after. The Lyon Stree Neighborhood Association was contacted by phone to identify any areas 3 of concern. At the time this report was printed, no issues of concern were raised regarding __Lthis application. Conclusion Based on the analysis provided within this report, adopt a resolution approving Site Plan Review Application No. 2017-02 as conditioned. ,elKl Ali Pezeshkpour, AlCP Senior Planner staff recommends that the Planning Commission No. 2017-09 and Density Bonus Agreement 65C-1 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 11 AP:sb SAPIanning Cornrnisslon=171SPR17-09 DBA17-02AMG Assoc 2110 and 2114 E FIMLpc Exhibits 1 . Resolution 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Site Plan 5. Unit Floor Plans 6. Building Elevations 7. Building Perspectives 8. Landscape Plans 9. Air Quality and Greenhouse Gas Technical Report 10. Health Risk Assessment 11. Parking Study and Management Plan 65C-1 3 LS 6.04. 18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF �ANTA ANA APPROVING SITE PLAN REVIEW NO. 2017-09 AS CONDITIONED AND DENSITY BONUS AGREEMENT NO. 2017-02 AS CONDITIONED FOR A NEW MIXED -USE FAMILY AFFORABLE RENTAL RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 2110, 2114, AND 2020 EAST FIRST 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. Gene Broussard, representing Affordable Housing Land Consultants, Inc, (AMG & Associates, hereinafter referred to as "Applicant"), is requesting approval of Site Plan Review No. 2017-09, as conditioned, and Density Bonus Agreement No. 2017-02, as conditioned, to allow the construction of a new mixed -use 552-unit family affordable rental residential and commercial development at 2110 and 2114 East First Street. B. The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. On June 4, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to Resolution No. 2018-xx Page 1 of 11 M, LM�IA apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ-1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2017-09 to allow construction of the proposed project. I That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain 552 residential units (including one manager's unit) with a substantial (up to 10,000 square feet) commercial component. In addition, the project has been designed to feature a public plaza at its frontage on First Street, designed for temporary activities or kiosks. Constructing 552 units in the project area will add to the residential population in the area, stimulating demand for community -serving commercial uses such as restaurants, retail stores, dry cleaning services, and other similar uses. Finally, the project meets several General Plan goals and policies, including the Land Use Element's Goal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE-2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. Although the project complies with the majority of development standards enumerated in the MEMU regulating plan, it does not meet the requirements for publicly - accessible open space, building setbacks, off-street parking, and driveway widths. These standards require approval of incentives/concessions and/or waivers through the Density Bonus Agreement application. Resolution No. 2018-xx Page 2 of 11 65C-1 5 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a six -level project surrounded by multi -level and single -story structures. A single -level school campus abuts the site to the south, and single -story commercial development is to the north across First Street and east abutting the site. A midrise office building abuts the site to the west. The MEMU anticipates developments of this scale or larger in the "Active Urban" land use district, and this development would continue the scale of existing buildings in its immediate vicinity. Moreover, the project contains ground -floor non-residential (commercial and community) spaces at the front of the project, which will activate First Street. These spaces have been designed to feature ground -floor ceiling heights between 12 and 22 feet tall, enhancing the urban, mixed -use atmosphere envisioned by the MEMU overlay district. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed project is consistent with the scale and intensity of projects anticipated in the original MEMU EIR (EIR No. 2006-01) and in the MEMU overlay district regulating plan. No negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on First Street by providing flexible community areas that can be programmed with activities or temporary uses, and the landscape palette has been carefully selected to complement existing landscape patterns of the surrounding land uses. H. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2017-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing Resolution No. 2018-xx Page 3 of 11 65C-1 6 opportunities in economically balanced communities throughout the city. The proposed development will provide 552 affordable rental family housing units, contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Metro East Mixed Use overlay district, currently contains one market -rate mixed use community and another entitled market -rate mixed use community. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is located in an area already identified in both the City's Zoning Code (the Metro East Mixed Use overlay district) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the proposed density of 80 units per acre is consistent with the anticipated development intensity of 90 units per acre in the General Plan Land Use element, and is below the density bonus provisions in the California Density Bonus Law for family -oriented projects (35-percent density bonus) and in the City's Housing Opportunity Ordinance (35- percent density bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires three deviations through incentives/concessions: publicly -accessible open space, building setbacks (side and rear), and offsite parking, as well as one deviation through a waiver in driveway width. The four deviations are described as follows: First, the MEMU regulating plan requires that publicly - accessible open space be provided along main street -facing fagades. Because the project has frontage on only one street, meeting this requirement would result in the building being pushed back significantly from First Street and would Resolution No. 2018-xx Page 4 of 11 65C-1 7 render almost the first 1/4 of the site's depth unusable for building area, resulting in the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type 111), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The Applicant intends to compensate for this reduction by providing a greater average square footage of private/common open space per unit on the project site. Second, for a project of this size and construction type, OCFA requires 360-degree circulation on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type 111), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting in a significant loss of units and parking area. Third, constructing 2.0 parking spaces per residential unit on the project site would require the developer to construct an additional level of parking either above- or below -grade, resulting in increased construction costs and/or a loss of an entire level of residential units. Staff has analyzed the proposed project and finds that there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high - intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMU area have yet to redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site Resolution No. 2018-xx Page 5 of 11 65C-1 8 by 150 parking spaces. The study also identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). Finally, the Applicant is proposing valet service to nearby parking lots and a parking shuttle to major transit stops to further reduce the demand for on -site parking. Fourth, if the project was designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. The three requested concessions could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type 1) to construct a taller project, additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. 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. Resolution No. 2018-XX Page 6 of 11 65C-1 9 Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Sections 15162 and 15168 of the CEQA guidelines. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (1-5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in the accompanying staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 14, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 4 1h day of June, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2018-xx Page 7 of 11 65C-20 Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Llsastorck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 4, 2018. Date: Recording Secretary City of Santa Ana Resolution No. 2018-xx Page 8 of 11 65C-21 Conditions for Approval for Site Plan Review No. 2017-09 and Density Bonus Anreement No. 2017-02 Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division All proposed site improvements must conform to the Development Project Review approval of DP No. 2016-33. 2. Prior to issuance of building permits for above -ground construction, the Applicant shall record terms into an agreement with the City of Santa Ana detailing operations of the proposed shuttle and/or valet service. The terms and contents of the agreement may be included in any required density bonus and/or inclusionary housing agreement and shall be reviewed and approved by the Planning Division, Public Works Agency, and City Attorney's Office prior to recordation. Upon review and approval, proof of the agreement's recordation shall be submitted to the Planning Division prior to building permit issuance. After 12 months of operation, the Applicant shall prepare a review of the operations detailed in the agreement, including the shuttle and/or valet services, for review and analysis by the City, after which modifications and/or alternate parking reduction strategies will be considered if necessary. Any modifications and/or alternate parking reduction strategies will be reviewed by the Planning Manager, after which a determination will be made if the agreement can be amended by the City Manager or his designee, or if the Planning Commission must review any new proposed conditions of approval. The initial "deal points" are outlined below: • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) if it wishes to utilize its bus stops/pullouts as part of its shuttle service operations Resolution No. 2018-xx Page 8 of 11 65C-22 • All residents of driving age must disclose any owned, ]eased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to lease terms prohibiting parking of his or her vehicle on any City -owned property o Every such agreement must contain penalties/consequences for violating the terms of the agreement o Terms shall also be incorporated for the project into the City's housing plan or agreement • The shuttle shall be operated by the developer and at the developers sole expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The developer may require include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall coordinate with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement 3. Prior to issuance of building permits for above -ground construction, the Applicant shall provide the City of Santa Ana a copy of a recorded easement for reciprocal access (ingress, egress, and fire access) for any and all proposed shared drive aisle(s) between the project site and the adjacent property to the west. 4. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 5. A residential property manager shall be on site at all times that the project is occupied and the developer and onsite management shall at all times maintain a 24-hour emergency contact and contact information on file with the City. All mechanical equipment shall be screened from view from public and courtyard areas. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. Resolution No. 2018-xx Page 9 of 11 65C-23 8. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 11. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. Resolution No. 2018-xx Page 10 of 11 65C-24 51312018 SPR 2017-09 & DBA 2017-02y-"AMG F rst Poin H I Flit *i Al Santa Ana Boundary Zoning z..I D."Opfl.. C3 IR Com.—I, 1, L3 Ej .in ....... -0 C3 ...... .103 Exhibit 2 - Vicinity Zoning a (D) http://apps.spaflalstmam.mffilproduction/dashboard/8/9/0/CurrentBuil6r3cmumi ,'; 1" 71 55 z ;,mRnI Man Pnfn� AlldnhN��11- 1/1 T4 it, F y� ri mm "V it�� kt�j � - t� LEA XAW 9 g g 19!1 RON 1 19 UH � . 11' W mm r CD z I zw In —W list' Hill 0 LU OH CL C) Z; LU: LU Z 0. < U)R < w co )o V) C, ca 0 CL LU F-- > o CL LU co < (-) Z 0 C) x 0 w 0 U F— w LLJ V) F- LU 6 CN 65C-27 CD Lti U). Z� ZER il pR! 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LIM Z 10 a ja min 0 IL - Fm m E3 i5 n ju t:f tP? -WIQ it Fill Zz ra z VIN�:10=11WS)'VMV V.LNVG Ho GNVIJ 1N3WMAO'a6H1 McIV 1"Icl VHV 'm VaIV WOINMS LMM-US -L9'VIM Too a 11 1 all not ........... fill, i'ol 5E I q1 hill film gill 11 Duo a :2 Ill Mal. a Elea tag. i UIJ �,L, J d L L E 222M L J i L U J J I L I IT Ffl F 1, t t , F, _jIT �17 J1, 511 T -5*L- RIT IT-F-Fly TT TUI ITI 00 L IMI ui d 65C-33 1A VIN�10=111YOVNV VINVI, 123ziis lsz:41=1 D HIE: 1! 0 W11 i,� r E 'e q (a 0 L) '3 7 1 OW IP N7 .41 1 lip k pit 4 d d d jIgg it I W, 41 14 d dd. 14 d d d I z P rotx I if I te Mil I L, ME Exhibit 9: Air Quality and Greenhouse Gas Technical Report is available for review at the following locations: http://santa-ana.org/pba/planning/AMGmixedCommunity.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 65C-36 Exhibit 10: Health Risk Assessment is available for review at the following locations: http://santa-ana.org/pba/planning/AMGMixedCommunity.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 65C-37 Abrams Associates TRAFFIC ENGINEERING, INC. May 2, 2018 Alexis Gevorgian AMG Associates, LLC. 16633 Ventura Boulevard, Suite 1014 Encino, CA 91436 Re: Parking Demand Analysis for the 2114 E. 15t Street Apartments INTRODUCTION This report describes the parking demand characteristics of the proposed mixed -use project located at 2114 E. 1 s' Street in the City of Santa Ana. The purpose of this report is to present the expected parking demand of the proposed project. PROJECT DESCRIPTION The 2114 E. I st Street Apartments is proposed to be a mixed use project with 552 apartment units over ground floor retail and a 620 space parking garage. There will also be 10,000 square feet of ground floor retail space. The project is located on the southeast corner of Ist Street and East 1 st Street in the City of Santa Ana. The site is currently occupied by a used car dealership several other businesses in a single store office building. TRANSPORTATION SETTING Surrounding Land Uses - The project would be located within walking distance of shopping, restaurants, and a number of major employers such as Caltrans, the Social Security Administration, Kaiser Permanante's Offices, the Tustin Rehabilitation Hospital, and the Orange County Global Medical Center. Roadway Network - The primary roadway that would be affected by this project is 1st Street. 16t Street is a six -lane street along the frontage of the project, and changes to have two eastbound lanes just east of the project site. It is an arterial street with traffic signals at all major intersections but no parking is permited in the vicinity of the proposed project. E. 15t Street is a two-lane private dead end road that currently has on -street parking that is designated as being restricted to authorized vehicles only. Please note that E. Ist Street is within the boundary of the project site and would be realigned as part of the proposed project. Transit Service - There is bus transit service provided by Orange County Transportation Authority (OCTA) adjacent to the project. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mall in EXHIBIT 11 1875 Olympic Boulevard, Suite 210 - Walnut Creek, CA 94596 - 925.945.0201 - Fax: 925.945.7966 65C-38 Page 2 of 8 — 2114 E. 161 Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. Huntington Beach. Please note the nearest bus stops are less than a block from the site. About two blocks away are bus stops for Routes 71 and Express Route 64X. PARKING DEMAND ANALYSIS This section discusses the estimated parking demand for the project. The proposed project is proposing to provide on on -site parking garage with 620 spaces. The amount of auto use would be less than a typical apartment project as a result of the affordability component of the project and the proximity to transit. As a result, it is expected some auto trips would be replaced by transit trips, pedestrian trips, and bicycle usage. There are a couple factors that the City could consider when reviewing parking demand for this project. These include: Residential Parking Demand for Transit Oriented Developments - There is extensive evidence available that apartment units in transit oriented developments generate less parking demand than market rate units. 2. Affordable Housing Parking Generation Rates - There is also extensive evidence that affordable apartment units generate less parking demand than market rate units. Residential Parking Demand for Transit Oriented Developments - For a location in business district with bus transit access (and located near major employers), the parking demand would be less than the typical parking demand rate in the ITE Parking Generation Manual. The availability of transit, the use of bicycles, and the attractiveness of walking in the mixed -use business district environment would clearly result in reduced vehicle trip generation and an associated reduction in the need for parking. Since it is anticipated that a higher portion of all travel will occur by walking, bicycling, and through the use of public transit, it is expected that some of the apartment residents would not have personal vehicles. According to S.B. 743 a project's parking impacts are no longer be considered significant impacts on the environment if the project is a Transit Oriented Development (TOD). In the State of California a TOD is defined as a project that is 1) residential, mixed -use residential, or an employment center project, and 2) located on an infill site within a transit priority area. A transit priority area is defined as being an area within one-half mile of a major transit stop. A major transit stop is defined as containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project all of these criteria are met with one minor exception. Less than two blocks away there is a intersection of two major bus routes. While the overall frequency of the bus service at the intersection is 15 minutes one of the lines at the intersection (Route 71) operates on slightly higher service intervals of about 20 minutes. 65C-39 Page 3 of 8 — 2114 E. ls' Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. The project is also proposing to meet the major transit stop requirement by providing a shuttle service to the Santa Ana Regional Transit Center. The Santa Ana Regional Transportation Center (SARTC) is a major transfer center that provides access to regional Amtrak and Metrolink rail services as well as intercity and interstate bus transportation. The shuttle is planned to include service during the weekday peak commute hours with a maximum headway of 15 minutes using a 20-passenger shuttle bus. Other than the project itself, the shuttle would include the following stops to serve residents: 1 $'Street at Cabrillo Park Drive 18t Street at Lyon Street 1 61 Street at Grand Avenue 1 st Street at Standard Avenue Santa Ana Boulevard at Santiago Boulevard (The Santa Ana Regional Transit Center) Grand Avenue at Santa Ana Boulevard Based on data from MTC's travel survey for projects within 1 mile of a train station, during the peak commute hours the project would be forecast to generate approximately 105 transit trips. However, please note that that it is forecast that approximate three quarters of these trips would be expected to use the planned shuttle service and the other 25% of these transit trips would be made via existing public transit in the area. Again, please note that there are public bus stops located less than a block from the site. With the addition of the shuttle service to the SARTC the project will meet the definition of a transit oriented development (subject to City approval) and, as such, a reduction in the parking demand from the project would be forecast to occur. Based on a detailed analysis of 12 large TOD housing projects the parking demand for the proposed project, when compared to a project without any major transit stops nearby, would be expected to be reduced by a minimum of 23%. Therefore, the addition of the shuttle service is estimated to equate to a minimum reduction in parking demand of approximately 150 parking spaces.' In addition, the detailed surveys of TOD housing projects have found that the peak parking demand recorded at TOD sites has been found to be a minimum of 45% less than the peak parking demand rates for apartments published by the Institute of Transportation Engineers (ITE).2 For the proposed project (ITE Land Use Code 222) the peak parking demand for non-TOD sites is 1.37 vehicles per unit. Therefore, based on surveys of similar TOD apartment projects the parking demand is forecast to be approximately 0.62 vehicles per unit, meaning the parking demand for the residential portion of the project could reduced for transit access by as much as 414 spaces (i.e. the Statewide Transit Oriented Development (TOD) Study Special Report — Parking and TOD: Challenges and Opportunities, Business, Transporation, and Houiing Agency of the Calflornia Department of Sacramento, CA, February, 2002. Parking Generation at Transit -Oriented Developments: Five US Case Studies, Reid Ewing, College of Architecture and Planning, Univerisyt of Utah, Salt Lake City, UT, November 2016. 65C-40 Page 4 of 8 — 2114 E. 161 Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. maximum potential reduction). Please note these reductions are based on market rate units near major transit stops but do not account for the affordability component of the project. Affordable Housing Parking Demand - There is extensive evidence that trip generation and parking demand at affordable housing projects is substantially less than would occur at a comparably sized market -rate apartment project. The following is a summary of some available data on this subject: City of Los Angeles Affordable Housing Survey - For example, a 2016 survey of affordable housing sites in the City of Los Angeles indicated the daily traffic generated at the sites was approximately 40% less than the ITE rates for market rate housing.3 Please note the City of Los Angeles allows up to a 50% reduction in parking for affordable housing projects. City of San Diego Affordable Housing Parking Study - The City of San Diego conducted an affordable housing parking study in 2011.4 About 2,750 surveys were distributed to 34 affordable housing developments. The survey found that parking demand for affordable projects is about one half of typical rental units in San Diego; almost half the units surveyed had no vehicle. The survey indicated that in urban areas (defined as somewhat conducive to walking with moderate transit access) affordable housing units had an average of 0.5 vehicles per household. Please note that affordable housing in central business district (core) area for very low income households were found to be as low as 0.1 cars per household. Assembly Bill No. 744 Planning and Zoning: Density Bonuses - It is also important to note that A.B. 744 allows developers of low income housing types to request lower parking minimums. Based on A.B. 744 it appears that mixed -income housing within Y2mile of a well -served transit stop and with at least 11 percent of the units set aside for extremely low-income residents or 20 percent set aside for low-income residents theoretically requires only 0.5 parking spaces per bedroom. According to the California Public Resources Code a well -served or "major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project there is a intersection with two major bus routes located much less than a 1/2mile from the site (about 700 feet from the site). At the nearby intersection of 1 st Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. In addition the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This proposed service is decribed in more detail below. It should also be noted that Transportation Impact Study Guidelines, City of Los Angeles, Los Angeles Department of Transportation, CA, December, 2016. 4 Affordable Housing Parking Study, City of San Diego, San Diego, CA, February, 2011. 65C-41 Page 5 of 8 — 2114 E. 1$1 Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. to meet the requirements of A.B. 744 projects must provide unobstructed access to the transit stop that they are near, meaning that a resident must be able to access the stop without encountering natural or constructed impediments. Based on our review this requirement would be met since there is an existing sidewalk between the project site and the transit stop in question. SUMMARY OF FINDINGS ON PARKING Table I presents a summary of the project's parking requirements and forecast demand based on the City's code, the ITE parking generation rates, the referenced transit oriented development studies, and also the affordable housing surveys. The residential parking provided would be forecast to generate a demand for about 756 spaces based on the unadjusted ITE parking rates.' This publication indicates that market rate apartments (ITE Land Use Code 222) typically generate a maximum peak parking demand of 1.37 vehicles per unit. Table 1 Off -Street Parking Calculations Data Source Land Use Size Parking Ratio Required Spaces City of Santa Ana Municipal Code Apartments 552 units 1.25 690 City of Santa Ana Municipal Code Retail 10,000 sq. ft. 5 50 Municipal Code Parking Requirement 740 ITE Parking Demand Rates Apartments 552 units 1.37 756 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 ITE Unadjusted Demand Estimate 782 Transit Oriented Development Rates Apartments 552 units 0.62 342 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 TOD Parking Demand Estimate 368 Affordable Housing Rates Apartments 552 units 0.5 276 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 Affordable Housing Parking Estimate 302 2010. ' Parking Generation Manual, 411 Edition, Institute of Transportation Engineers, Washington D.C., 65C-42 Page 6 of 8 — 2114 E. ls' Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. Based on the most recent data available from the City of Los Angeles affordable housing projects generate about 40% less vehicles per day than a typical market rate apartment building. Based on this data the residential portion of the project would have an estimated parking demand of approximatrely 302 vehicles. Therefore, with the proposed shuttle service to meet the transit access requirements the City could consider making the findings that allowing the project to proceed with 0.5 spaces per unit is reasonable and appropriate. This could be based, in part, on the fact that this is an affordable housing project in a location within walking distance of bus transit and major employment centers. If this were approved, the following is a calculation of the potential parking requirements: 552 units times 0.5 spaces per unit equals 276 parking spaces. Including the 50 spaces required for the retail space would increase the net total parking requirement for the project 326 parking spaces. The justification is as follows: Transit Services - There are existing bus stops less than one block from the site that provide direct access other regional bus routes in the area. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mail in Huntington Beach. About two blocks away are bus stops for Routes 71 and Express Route 64X In addition to these services the project is proposing to provide free on -demand shuttle service to the Santa Ana Regional Transportation Center for residents that would operate on 15 minute headways during the peak commute hours. The Santa Ana Regional Transportation Center (SARTC) provides access to regional Amtrak and Metrolink rail services and also intercity and interstate bus transportation. City of Santa Ana General Plan Policies - The City of Santa Ana has a number of policies that support a reduction in on -site parking. These include policies related to the goals of increasing - the use of public transit, limiting increases in vehicular traffic, improving air quality, limiting fuel consumption, and improving conditions for pedestrians in the area. Each of these factors, goals, and objectives is described in the City's General Plan. These policies could provide additional support for making the findings to approve the project with reduced parking. Assembly Bill No. 744 - The proposed project is within two block of an intersection of two major bus routes, which is clearly much less than the typical 1/2mile requirement for a project to be considered a transit oriented development. At the nearby intersection of I St Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. However, it is important to note that this project will provide additional demand for bus service in the area and the applicant has said they plan to open a discussion with OCTA about increasing the frequency of service. As mentioned above, the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This would provide a direct and convienient connection to the Santa Ana Regional Transportation Center. The Santa Ana Regional Transportation Center (SARTC) provides extensive access to numerous transit services including Amtrak and Metrolink rail services, multiply OCTA bus routes, airport and taxi services, and also intercity and interstate bus transportation. 65C-43 Page 7 of 8 — 2114 E. 15' Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. CONCLUSIONS The proposed project qualifies as a transit oriented development due to its close proximity to a major transit stop where two major bus routes intersect. While the applicant is expecting to open discussions with OCTA about increasing the frequency of bus service near the project site, the project will not rely on this to achieve alternative transportation goals. To ensure the project fully qualifies as a transit oriented development the project is also proposing to provide residents with private shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. If the City were to allow the applicant to provide 0.5 spaces per unit, as specified by A.B. 744, the parking required for the project would theoretically be 326 parking spaces. Please note this includes the 50 spaces required for the retail uses. The parking demand can also be estimated based on the 4th Edition of the ITE Parking Generation Manual. Since the project is two blocks from a major transit stop and will be providing free shuffle service to the SARTC, the proposed project would be expected to have a 23% reduction to the ITE parking demand.' In addition, an additional reduction to the ITE forecasts can be applied due to the fact that the entire project would be restricted to residents making 60% or less of the Area Median Income (AM[). The City of San Diego's 2011 Affordable Housing Parking Study found that parking demand for affordable housing projects is about one half of typical rental units in San Diego and almost half the units surveyed had no vehicle. However a more conservative esimate comes from the 2016 survey of affordable housing sites conducted by the City of Los Angeles. This study determined that the number of vehicles generated by affordable housing projects is about 40% of what is generated by comparably sized market rate projects. Using the assumptions above the residential portion of the project is forecast to have an unadjusted peak parking demand of 349 vehicles. Including the 50 spaces required for the retail space would increase the forecast total peak parking demand for the project to 399 parking spaces. Please note that if it were conservatively assumed that all the affordable housing sites surveyed in the Los Angeles study also had excellent transit access (and the separate reduction for transit access was eliminated from the parking calculations) then the project would have a forecast average peak parking demand of 504 vehicles. Based on the proposal to accommodate this demand with an on -site parking garage with 620 parking spaces our conclusion is that no parking impacts to the surrounding roadways or properties in the area would be anticipated. 65C-44 Page 8 of 8 — 2114 E. 151 Street Parking Demand Analysis Abrams Associates TRAFFIC ENGINEERING, INC. Please don't hesitate to contact me if you have any questions about this information. Sincerely, 5,3�L 4ww�v Stephen C. Abrams President Abrams Associates T.E. License No. 1852 65C-45 161 2 1 m lz m M7 M ff� _J, I m 3 0 lu Al. Cl) *0 Q m 0 am LM m � LL -I--# U) L— 0 C/) -1 .�= 0 LL -�e cu cu 0 cl) CU cu > 0 cu 0— —0 LL 0 0 U) LLJ - C: co 0- 4-4 c (D E a) cm m C: cu K 0 a_ 65C-47 (1) . c mo U) Cl) mo U) (D 0 n CO A. -a C/) AW r H 0 0 4— a) LM L. M� LL LLM 0 U) 0 Jc co (1) CL U3 LU .jl� ca C: co E: 4-1 C: (D F= (D 0) M 4-a c 0 U) iz 65C-48 cu CL 9dm CD E a) CL U) (L (L ai OD (1) IV N elftl I -In U) CO) -4e, on 'NbL is Al "t'r -L,% a)4� KC olvxjvai��— It 'Wt IN ON bbh ve. 4OD"I 717 I In CU tIL IL 4 "I w *iA .1. LO ra -ra M'I U) LLJ U) E a 0 uu c 0 A.-O U) C: 0 C) U) (D .j 0 c 0 A. -a co 0 CL C/) c cu L. -f-j Q. 4- 0 a) C/) Z) U) c 0 U) C/) cn m cm (D 0 Jc: C: co cu C: C: 0 > 0 C: > E cu U). 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Lo 0 o LM U) L- CU -0 :3 C: Lo 0 :3 U) 1 0 C/) a) cm -E a) a) E co c c: CD c (D M a) c co E 0" LP co C: a) 0 0 C) 0 0 0 C) 0 (n LU rAEA ca _il 4-1 E a) C: CD C: 4-1 c 0 a= 4-1 U) U- 65C-55 LM 0 mc AW LM m Lm 0 U) LLJ � I - 1: Wr- 'ool oa -A 4-1 E C: D- 0 LL 65C-56 MINUTES OF THE SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA EXCERPT JUNE 4, 2018 BUSINESS CALENDAR SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT APPLICATION NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110,2114, AND 2020 EAST FIRST STREET, AMG & ASSOCIATES, APPLICANTS. Legal notice published in the Orange County Reporter on May 25, 2018 and notices mailed on May 25, 2018. All Commissioners disclosed that they discussed the project with the applicant. Senior Planner Pezeshkpour provided a project overview which included a project description, site description, project analysis and issue analysis. Discussion ensued regarding concessions/incentives, waivers, density bonus law, senior units and parking, valet and shuttle service, location of off -site parking lots, and parking requirements. The applicant spoke in support of the project; answered questions regarding valet and shuttle service, Crime -Free Program, bike storage, off -site parking spaces, parking management plan, and resident support services. Chairperson McLoughlin opened the.public hearing. The following spoke on the matter. Dale Helvig spoke in opposition to the project; expressed concern regarding concessions, off -site parking, and the proposed valet service. Boris Gresely, representative of the Carpenters and Contractors Cooperation Committee, stated that they will be monitoring the project to ensure that it complies with the law. There were no other speakers and the public hearing was closed. Commissioner Bacerra expressed concern with the ambiguous parking management plan and the parking study findings. Commissioner Verino expressed support for the project and moved to approve staffs recommended actions. Commissioner Nguyen introduced a friendly amendment to require a map of the off -site parking lot locations and number of off -site parking stalls. Commissioner Verino accepted the amendment. Chair McLoughlin hopes that staff will work with the developer to address any off -site parking issues. ATTACHMENT B 65C-57 MINUTES OF THE SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA 1_�XQERPT RECOMMENDED ACTIONS: 1. Adopt a resolution approving Site Plan Review No. 2017-09 as conditioned. 2. Recommend that City Council adopt a resolution approving Density Bonus Agreement No. 2017-02 as conditioned with the recommendation that the Den Bonus agreement approved by City Council require a map of the off -site oarkina lot locations and number of off-siterinrleinq of -nil. 1,.4 if the facility. MOTION: Verino SECOND: Mendoza VOTE: AYES: McLoughlin, Mendoza, Nguyen, Verino (4) NOES: Bacerra (1) ABSTAIN: None (0) ABSENT: Alderte, Contreras -Leo (2) *Vote was taken by roll call. Sarah Bernal Recording Secretary 65C-58 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: REVIEW AND PROVIDE DIRECTION ON PROPOSED CHARTER AMENDMENTS FROM THE COUNCIL AD HOC COMMITTEE (STRATEGIC PLAN NO. 5, 1) 1ral C ANAGER RECOMMENDED ACTION Receive report from the Ad Hoc Committee. CLERK OF COUNCIL USE ONLY: n. jo 20071 we, Ej As Recommended L] As Amended [_] Ordinance on 1 " Reading El Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for November 2018 election. DISCUSSION At the June 5, 2018 City Council Meeting, Mayor Pulido was asked to appoint an ad -hoe council committee to review possible Charter amendments based on the 2007 Charter Committee recommendations and additional items that have been raised since that time, The ad -hoc committee ("committee"), consisting of Mayor Pulido, Mayor Pro Tem Martinez and Councilmember Villegas, met and identified nine possible topic amendments, including the following: Mayor's Signature Authority Remove Boards and Commissions from the Charter Campaign and Gift Provisions Stabilization Fund Investigations Qualifications of Finance Director Civil Services Position of Police Chief General Plan to be Updated 2 years after each U.S. Census Code of Ethics to Apply to all Officers and Department Heads 65D-1 Proposed Charter Amendments June 19, 2018 Page 2 The Committee members, City Attorney, City Manager and Clerk of the Council were asked to rank the sections to assist in identifying priorities to present to the full City Council for consideration. The chart below provides rankings received, in addition to reason for amendment and potential impacts for review and consideration by the City Council. X iW 1 Section 413: Provides for mayor pro tem or council member who Mayor's Signature Authority voted for yes to sign in absence of mayor or Mayor Pro on Resolutions and Tern or when they refuse to sign. Ordinances 2. Article IX: Charter lists three boards/commissions and the balance Remove Boards and are in the Municipal Code. Removal from Charter and Commissions from Charter placement in Muni Code creates consistency and flexibility for Council. 3. Section 425 and Section Moving these campaign and gift sections into the 1107: Municipal Code will allow for consistent provisions and Campaign and Gift Provisions flexibility to amend. 4. Section 610: Stabilization Provision was in original 1950's charter and is not Fund relevant. 5. Section 1100: Investigations Current regulations only permit City Manager an Council to initiate investigations so City Attorney must get permission to investigate when he or she has duty to investigate. Proposal is to amend and require check and balance by requiring at least two of three to approve of investigation. 6. Section 704: Finance Director works for City Manager and Qualifications of Finance qualifications should be in job description. Charter does Director not address other directors. 7. Section 1002: All directors work for the City Manager and are at will Civil Service Positions with the exception of the Police Chief. Would add Chief Police Chief to list of at -will employees, but would not impact the status of the current Chief. 8. Article IV. Div. 3: Ad Hoc Suggestion to ensure that City updates the Add Section 426: General Plan every ten years. Mandates General Plan Update with 2 years of each U.S. Census 9. Section 401.05 Council Ethics Committee mentioned desire that fh—e Code of Ethics to Apply to All Ethics Code be signed by all City elected and appointed Officers and Department officials and department heads. Heads 65D-2 Proposed Charter Amendments June 19, 2018 Page 3 Current Charter language: 1. Mayor's Signature Authority on Resolutions and Ordinances Sec. 413. - Adoption (ordinances). All ordinances and written resolutions shall be signed by the mayor or the mayor pro tem and attested by the Clerk of the Council. If the mayor or mayor pro tem are absent or refuse to sign, then a member of the Council who voted to approve the resolution or ordinance may sign, 2. Remove Boards and Commissions from Charter Sec. 900. - Established (a) The City Council shall establish appointive boards and commissions by ordinance and shall specify in such ordinances the powers and duties of each. 3. Campaign and Gift Provisions Sec, 425. - Disqualification due to campaign contributions. A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor. As used herein, "recent major campaign contributor" means a person who has made campaign contributions totaling two hundred fifty dollars ($250.00) or more to the councilmember or to any campaign committee controlled by the councilmember in the twelve-month period immediately preceding the date of the decision. The mayor is a councilmember for purposes of this section. Sec. 1107. - Gifts to officers and employees prohibited. It shall be unlawful for any person or organization that is financially interested in any decision pending action by any agency, officer or employee of the City, or in any contract to which the City is a party to make any gifts aggregating in value more than twenty-five dollars ($25.00) in any one calendar month to any officer, or employee of the City. No person or organization shall be deemed to have a financial interest in a decision or contract by reason of any interest which is shared by a significant portion of the general public. No gift is unlawful which is similarly made or offered to a significant portion of the general public. Any person who makes, acts as the agent or intermediary in the making of, or arranges for the making of, any gift which is unlawful hereunder is guilty of a misdemeanor. Any officer or employee who receives any gift which he knows, or reasonably should know, is unlawful hereunder is guilty of a misdemeanor. 4. Stabilization Fund Sec. 610. - Funds —General fund; stabilization fund. All money paid into the City treasury shall be credited to and kept in separate funds in accordance with the provisions of this charter, state law, or ordinance. For the purpose of this charter, the "General Fund" is established as a medium of control and accounting for City activities other than activities authorized or contemplated by special funds. All revenues and receipts which are not by this charter, state law, or ordinance pledged for special purposes shall be credited to the general fund. 65D-3 Proposed Charter Amendments June 19, 2018 Page 4 The City Council shall maintain a revolving fund to be known as the "Stabilization Fund", for the purpose of placing the payment of running expenses of the City during the fiscal year on a cash basis. A reserve shall be built up in this fund from any available sources in an amount which the City Council deems sufficient with which to meet all lawful demands against the City for the first five (5) months, or other necessary period, of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible on a cash basis. All moneys so transferred from the stabilization fund shall be returned thereto before the end of the fiscal year. 5. Investigations Sec. 1100. - Investigations by the city council or city manager.The City Council, the City Manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any office, department, agency, or officer of the City and to make investigation as to City affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. 6. Qualifications of Finance Director Sec. 704. - Director of finance; qualifications, powers and duties. To become eligible for the position of director of finance, the person appointed by the City Manager shall be qualified to administer and direct an integrated department of finance. The director of finance shall have power and be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; (b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; (c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such charges; (d) Settle claims, demands, or other charges, including the issuing of warrants therefor; (e) Maintain general and cost accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require reports of the receipts and disbursements from each receiving and expending agency of the City government; to be made daily or at such intervals as he may deem expedient; (f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the exact financial condition of the City, and, as of the end of each fiscal year, submit a complete financial statement and report; (g) Administer the license and business tax program of the City; (h) Direct treasury administration for the City, including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office, department, or other agency of the City government; and deposit all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, by the City Manager, in compliance with all of the provisions of the state constitution and laws of the state governing the handling, depositing, and securing of public funds; (i) Direct centralized 65D-4 Proposed Charter Amendments June 19, 2018 Page 5 purchasing and a property control system for the City government under rules and regulations to be prescribed by ordinance. 7. Civil Service Positions Police Chief Sec. 1002. - Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions [ADD (16) Chief of Police.] 8. Mandates General Plan Update with 2 years of each U.S. Census Article IV. Div. 3: Add Section 426. — General Plan Update Every Ten Years Within three months after the publication of each federal decennial census, the City shall initiate a review of its General Plan and adopt amendments if necessary. The City may initiate a review or adopt General Plan amendments more frequently as it deems necessary. 9. Code of Ethics to Apply to All Officers and Department Heads Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, officers appointed by the City Council, department heads or agency directors, appointed and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall adopt the Code of Ethics and Conduct by ordinance or resolution within six months of the effective date of this Charter section. In the event that the Council decides to submit one or more proposed charter amendments to the voters in November, 2018, the Special Election would be consolidated with the General Municipal Election for the offices of Mayor and Councilmember Wards 2, 4, and 6. The Request for the County Registrar of Voters to conduct the elections must be filed with the Board of Supervisors no later than August 10, 2018. To ensure sufficient time to prepare all the necessary documents and provide for a ballot argument process, it is recommended that the Council make the decision relative to submitting ballot measures no later than the first Council meeting in July 2018. 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). 65D-5 Proposed Charter Amendments June 19, 2018 Page 6 FISCAL IMPACT There is no fiscal impact at this time. An estimate of any additional costs for calling a Special election for the purpose of submitting Charter Amendments to the voters will be requested from the Registrar of Voters once the Council determines how many ballot measures will be placed on the November ballot. h4;;'r'a D. Huizar Clerk of the Council Sonia R. Carvalho City Attorney r L;MM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: PUBLIC HEARING — FISCAL YEAR 2018-19 CITY BUDGET (STRATEGIC PLAN NO. 4,2A) Ir- CSYMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended El As Amended El Ordinance on 111 Reading El Ordinance on 2n' Reading 0 Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER 1. Options for City Council consideration for balancing the proposed General Fund Fiscal Year 2018-19 Budget. City Manager recommends Option A. Option A: Approve the use of unassigned fund balance ("one-time monies") from the General Fund up to $10.2 million. This will result in a General Fund Budget of $264,561,084 for Fiscal Year 2018-19. Passage of the proposed One - Time funding for Fiscal Year 2018-19, will be the second consecutive year if authorization of One -Time monies is utilized. In accordance, with the City Council adopted Budget and Financial Policy (dated June 6, 2017), the policy only allows for use of One -Time funding for two consecutive years. (Requires 5 Votes) Option B: Direct Staff to implement up to $10.2 million in expenditure reductions in the General Fund in accordance with EXHIBIT 1. Action will result in a General Fund Budget of $254,361,084 for Fiscal Year 2018-19. (Requires 4 Votes) Note: Delay in the passage of the City Budget beyond July 31, 2018 (in accordance with the City Charter) will result in limiting Departmental appropriations; by actual expenditures) incurred during the month of June 2018. Staff will determine the available appropriation for Departments prior to July 31, 20 18. 2. Adopt an ordinance appropriating funds for the Fiscal Year commencing July 1, 2018 based on the direction provided in recommended action item number I (EXHIBIT 2). 3. Adopt a Seven -Year Capital Improvement Program (CIP) beginning Fiscal Year 2018-19 through Fiscal Year 2024-25 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 75A-1 -1 Public Hearing — Fiscal Year 2018-19 City Budget June 19, 2018 Page 2 4. Adopt a resolution to amend and reestablish the City's basic classification and compensation plans (EXHIBIT 3). DISCUSSION On May 1, 2018, the City Council was provided both a Fiscal Year 2017-18 Third Quarter Update and Fiscal Year 2018-19 General Fund Trial Budget presentation. Included within the presentations were a set of governing principles, developed in collaboration with the Executive Management Team, as the basis for the development of the Proposed Fiscal Year 2018-19 budget. These governing principles include: • Be transparent and honest about the problem • Use a comprehensive approach for all funds • Establish a vision, develop a budget that promotes long-term sustainably, implement best practices and utilize a combination of cost reductions and revenue increases • Use a multi -year approach to achieve financial stability • Identify core services and focus on funding core services • Provide clear vision and direction from leadership • Engage in a collaborative approach Utilizing these principles, a historical overview of current revenue and expenditure trends was presented, along with a timeline of major budget changes and a summary of increases to the general fund base budget. As a result, Staff presented a Structural Deficit (Deficit) of $17.1 million for the General Fund for Fiscal Year 2018-19. To address the $17.1 million deficit, a budget plan was presented which included a combination of cost reductions, revenue increases, use of unallocated fund balance and one-time revenues to minimize the impact. On May 15, 2018, the Proposed Fiscal Year 2018-19 Budget was presented at a City Council work study session. The presentation highlighted the following: Staff held seventeen budget outreach meetings to the community, City employees and bargaining unit leadership; identified citywide needs and priorities; revenue opportunities; citywide and general fund budgets; additional workforce changes; miscellaneous fees and the City's Proposed Capital Improvement Program. City staff will continue to operate under the governing principles and budget framework while striving towards a path of long-term fiscal stability and sustainability. FISCAL YEAR 2018-2019 CITY BUDGET On June 5, 2018 the City Council was presented the Fiscal Year 2018-19 Proposed City Budget. The Budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity for our community. In alignment with the seven Strategic Plan goals of Community Safety; Youth, Education and Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana. The Proposed General Fund Budget (Exhibit 4) includes funding for the following: continued funding of the City Council approved Strategic Plan, funding to address homeless related 75A-1 -2 Public Hearing — Fiscal Year 2018-19 City Budget June 19, 2018 Page 3 issues, implementation of the Zoo Master Plan, enhanced public safety utilizing, Sanitation Fund Compliance, salary matrix conversion/payroll manager, community policing, youth summer programs, additional funding for the General Plan update, and continued investment in the City' infrastructure through its Capital Improvement Program. The City Council, during its June 5, 2018 meeting, continued the item and directed the City Manager to meet individually with Councilmembers to solicit input on the Budget. Based on City Council comments and recent notification from the Orange County Fire Authority (OCFA) regarding cost adjustments, the following changes were made to the Proposed City Budget subsequent to June 5, 2018: CHANGES TO THE PROPOSED CITY BUDGET 1. The Proposed Budget will recognize a cost adjustment by the Orange County Fire Authority (OCFA) for the upcoming Fiscal Year that includes a revised assessment for prior Fiscal Years in the amount of $1,261,605 (one-time); and for the current Fiscal Year 2018-19 in the amount of $488,230 for a total amount of $1,749,835. The adjustment received from OCFA will be assigned as follows: Will cover removal of the City's Agency Deposits (Fund 098) as a funding source for the Proposed Fiscal Year 2018-19 Budget (approximately $1.0 million). Additionally, Bulk Water Deposits (Fund 092) has also been removed as funding source for the Water Enterprise Fund (approximately $700k). The City Manager's Office has directed Staff to conduct further due diligence efforts related to the existence of depositors. As such, Staff recommends that the OCFA adjustment cover one-time expenses previously listed by the Agency Deposits (as the funding source) which include General Plan Update funding; funding for Election Costs; and Matrix/Time Entry System Upgrade. Restore of Youth Related Programming and continue Library availability on Sunday totaling $270k, which were previously identified as reductions. 0 Additional funding for the Quality of Life Team ($104k) a Adds funding for the Legal Defense Fund ($80k) Provides funding for increased general park maintenance, landscaping and restroom servicing for City Park facilities 2. The Proposed Budget will also recognize the balance appropriation of $5.2 million regarding the projected Commercial Cannabis Program: Cultivation, Distribution, Testing and Manufacturing. The funding will be included as a reserve appropriation for Youth Programming ($2.6 million) and Enforcement ($2.6 million). Upon realization of the additional revenue, a Spending Plan will be presented for future City Council consideration, addressing both Youth Programing and Enforcement related to the Commercial Cannabis Program. 75A-1 -3 Public Hearing — Fiscal Year 2018-19 City Budget June 19, 2018 Page 4 The above -referenced adjustments are included within the proposed Fiscal Year 2018-19 Proposed Budget CITY COUNCIL CONSIDERATION FOR PROPOSED BUDGET BALANCING OPTIONS Staff provides options A and B for City Council consideration for the balancing of Fiscal Year 2018- 19 Proposed Budget. Option A (City Manager Recommendation) Provides for General Budget of $264,561,084 that includes use of One -Time funding up to $10.2 million to current program and service levels. Option B This Option eliminates the use of One -Time funding up to $10.2 million. The removal of the use of One -Time funding will require the City to make cuts in the amount of $10.2 million. Exhibit 1 depicts a scenario with a 5.42% reduction across all General Fund Departments resulting in a $10.2 million cost savings. Implementation of these Departmental reductions will include a combination of service and program impacts, along with the de -funding of positions (Exhibit 1). FISCAL POLICY Per the adopted Budget & Financial Policies (Policy), the "Utilization of one-time monies is allowable upon two-thirds approval by the City Council to be utilized in the event a structural budget deficit exists." If Option A is approved, the Policy states use of one-time funds is allowable for two consecutive years. This will be the second and final year since for Fiscal Year 2017-18, the City Council approved the use of $9.3 million in one-time monies. If Option B is approved, the funding will remain unallocated during Fiscal Year 2018-19, services levels may be impacted. TIMELY ADOPTION OF THE BUDGET City Budgets are typically adopted by the end of June for use beginning July 1st. However, City Charter (Charter) allows for adoption of the City Budget for the upcoming Fiscal Year by the 31 st of July. If the budget is not adopted by the 30th of June, the City Charter (Section 607), restricts monthly expenditures to the amounts of expenditures in the preceding June. WORKFORCE CHANGES Upon selection of Option A noted above, the proposed workforce changes for Fiscal Year 2018-19, there is a net total of five new full-time positions, as well as the reallocation of eighteen positions. In addition, the proposed resolution amends prior resolutions by adding and changing a number of classification titles to reflect the proposed workforce changes (Exhibit 3). For Fiscal Year 2018-19, the total full-time authorized position count will increase to 1,172 which includes 57 unfunded positions. Upon selection of Option B, any proposed changes (deletion/un-funding/augmentation) of positions will be incorporated into the City's Budget at a subsequent public hearing on the City budget. 75A-1 -4 Public Hearing — Fiscal Year 2018-19 City Budget June 19, 2018 Page 5 CAPITAL IMPROVEMENT PROGRAM (CIP) The proposed City's Capital Improvement Program (EXHIBIT 5)for Fiscal Year 2018-19 totals $40.1 million. The program includes the following initiatives: continued planning and development of the OC Streetcar Project; traffic improvements including the addition of protected bike lanes, continuation of Safe Routes to Schools; park improvements for Roosevelt/Walker Center and 61h and Lacy parks; installation of security lighting and cameras for park safety; street improvements for ongoing residential street repair and arterial streets, and funding in public utility improvements such as the street lighting project. The Seven -Year CIP of $94.9 million from Fiscal Year 2018-19 to 2024- 25 includes utilizing various funding sources such as Gas Tax and OCTA Measure M2 funding for street improvements over the next seven years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (Provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (Adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT With approval of the proposed Fiscal Year 2018-19 budget, appropriation will be as follows: Option $549,148,058 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $264,561,084 will be appropriated to the various general fund operating departments. Option B $538,948,058 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $254,361,084 will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Option B - General Fund expenditure reductions 2. Ordinance (Budget and CIP) 3. Resolution (City's Basic Classification and Compensation Plan) 4. Fiscal Year 2018-19 City Budget hftp://santa-ana.org/finance/budget/default.asp 5. Capital Improvement Program 75A-1 -5 75A-1 -6 Exhibit I General Fund Department(s) Amount Police Department (7,135,569) Fire Department PRCSA (1,115,855) Planning & Building Agency (625,453) Finance & Management Servcies Agency (320,749) Public Works Agency (355,411) Community Dev. Agency (53,082) Civic Center/Capital Outlay (33,150) City Managers Office (140,370) City Attorney's Office (187,928) Human Resources (95,683) Bowers Museum (79,946) Clerk of the Council (56,804) Cannabis Program (10,200,000) % of reduction applied to each Department -5.42% Reduction (%) applied to adjusted base budget 75A-1 -7 75A-1 -8 EXHIBIT I LS 6.5.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1,2018 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2018. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2018-2019, commencing July 1, 2018, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified In that certain document entitled " Fiscal Year 2018-2019 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2018-2019, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "IFY 18-19". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, Ordinance No. NS- Page I of 4 75A-1 -9 or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget, Section . No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the Items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services Is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in the Budget in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2018-2019 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2018. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and Ordinance No. NS- Page 2 of 4 75A-1 -10 which is currently on file with the Executive Director of Human Resources, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Ordinance No. NS- Page 3 of 4 Councilmembers Miguel A. Pulido Mayor 75A-1 -11 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date Ordinance No. NS- Page 4 of 4 Clerk of the Council City of Santa Ana 75A-1 -12 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana, C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. D. The Human Resources Department has completed a review of the various departmental requests to make changes to the City's organizational structure, classification titles, and staffing which revealed the need to effect certain changes to the City's basic classification and compensation plans. E. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since adoption. F. It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect these changes, as shown below: Resolution 2018-)(XX Page I of 5 EXHIBIT 3 75A-1 -13 Section 2: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "A" as follows: A. Changing the title for the full time classification title at the monthly fifteen - step salary rate range indicated: 15-Step Salary Rate Ranqe Effective 09/19/17 TO: Monthly Sala Classification Title SSR Minimum -Maximum Executive Dir of Human Resources (EM) EM-37 $11273-$15926 15-Step Salary Rate Range Effective 09/19/17 FROM. Monthly Sala Classification Title SSR Minimum -Maximum Executive Dir of Personnel Services (EM) EM-37 $11273-$15926 Section 3: The Santa Ana City Council amends Resolution No. 2016-026, Exhibit "E" as follows: A. Changing the title for the full time classification title at the monthly seventeen -step salary rate range indicated: 17-Ster) Salary Rate Rance Effective 09/01/17 TO: Monthly Sala Classification Title SSR Minimum -Maximum Assistant Dir of Human Resources (MM) MM-26 $9821-$14576 17-Step Salary Rate Range Effective 09/01/17 FROM: Monthly Sala Classification Title SSR Minimum -Maximum Assistant Dir of Personnel Services (MM) MM-26 $9821-$14576 B. Changing the salary rate range for the full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title FROM: Risk Manager (MM) 17-Step Salary Rate Range Effective 09/01117 Monthly Sale SSR Mlnlmum-Maximum MM-23 $9118-$13538 TO: Risk Manager (MM) MM-22 $8898-$13207 Resolution 2018-.XXX Page 2 of 5 75A-1-14 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Adding the following full time classification title at the monthly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 09/01 /17 MonthlV Sala Classification Title SSR Minimum -Maximum Payroll Manager (AM) AM-750 $8798-$10696 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "B" as follows: A. Changing the title for the following full time classification titles at the monthly six -step salary rate range indicated: TO: Classification Title Human Resources Analyst (UC) Human Resources Exec Secretary (UC) Human Resources Secretary (UG) Human Resources Receptionist (UC) Human Resources Specialist (UG) Human Resources Technician (UC) Police Human Resources Specialist Sr. Human Resources Analyst (UC) Sr. Human Resources Receptionist (UC) Sr. Human Resources Specialist (UC) Sr. Human Resources Technician (UC) FROM: 6-Step Salary Rate Range Effective 09/01117 Monthly Sala SSR Minimum -Maximum 663 $5755-$7344 610 $4439-$5670 589 $4010-$5118 571 $3669-$4684 581 $3852-$4919 622 $4708-$6013 602 $4186-$5346 707 $7133-$9102 589 $4010-$5118 602 $4270-$5453 642 $6194-$6630 6-Step Salary Rate Range Effective 09/01/17 Monthly Sala Classification Title SSR Minimum -Maximum Personnel Analyst (UC) 663 $5755-$7344 Personnel Exec Secretary (UC) 610 $4439-$5670 Personnel Secretary (UC) 589 $4010-$5118 Personnel Services Receptionist (UC) 571 $3669-$4684 Personnel Services Specialist (UC) 581 $3852-$4919 Personnel Technician (UC) 622 $4708-$6013 Police Personnel Services Specialist (UC) 602 $4.186-$5346 Sr. Personnel Analyst (UC) 707 $7133-$9102 Resolution 2018-XXX Page 3 of 5 75A-1 -15 Sr. Personnel Receptionist (UC) 689 $4010-$5118 Sr. Personnel Services Specialist (UC) 602 $4270-$5463 Sr. Personnel Technician (UC) 642 $5194-$6630 B. Adding the following full time classification title at the monthly six -step salary rate range indicated: 6-Step Salary Rate Range Effective 09/01/17 Monthly Sala Classification Title SSR Minimum -Maximum Human Resources Systems Analyst (UC) 708 $7168-$9147 Section 5: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "F as follows: A. Adding the following full time classification title at the monthly seven -step salary rate range indicated: 7-Step Salary Rate Range Effective 09/01 /17 Monthly Sala Classification Title SSR Minimum -Maximum Water Systems Electrician 666 $5382-$7211 Section 6: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 7: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026 shall remain in full force and effect Section 8. This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 5th day of June, 2018. Miguel A. Pulldo Mayor Resolution 2018-XXX Page 4 of 5 75A-1 -16 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: kaAm, A, R&4't�' Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original Resolution adopted by the City Council of the City of Santa Ana on Tu—ne 5, 2018 761-m- Resolution 2018-XXX Page 5 of 5 Clerk of the Council City of Santa Ana 75A-1 -17 75A-1 -18 Exhibit 'i Fiscal Year 2017-18 City we ��,Tfuo, mmmme 75A-1 -19 75A-1 -20 NWMVVZ�� 1% 2018/ 2019 "Ora _- � � ,, a� � >� ; �° ,�, �� ,� . z F z a C) a) >, a) - a �o a L) -a cO o a) -U-) Ep a — 0) = �o = - a) " (M CU c u) a) v w -0 -a -0 0 '$� (L) c a a (D 0 w �=—O�ON cu cy.- 0 1 *�6.N co 9'T < 'f- I E o 0 t :D 0 C"u CAL :G 0 -j :5 1 0).?, C: cu < 2 cc a) w >1 a) w CY 0 (6 LL 6w m " cu a) u) .0 U) ,:.:� 'j-- :3 � R U) c N :3 cr N .0 66J a') "S u—) a.), a) E m -cc .0 -c a) o a) a o = , - U) in 0 en - a) :D (D 0— >0 =0 E -0 CL 0) W -C:! 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DISCUSSION The Miscellaneous Fee Resolution (Exhibit 1) comprises of various charges (Fees) assessed upon individuals seeking services of value from the City, including but not limited to building and enterprise related fees. These Fees are intended to recover the reasonable costs, incurred by the City, which are associated with delivering the corresponding services. Annually, the Fees and services associated with the Miscellaneous Fee Resolution are reviewed by each City Department, to ensure the assessed Fee is adjusted to reflect the costs currently incurred by the City. As a means to ensure the City recovers the necessary costs in providing the service, Staff reviews the Consumers Price Index (CPI) -Urban, All Services Component, for the Los Angeles -Riverside -Orange County area as of December 31, 2017. The analysis disclosed the CPI increased 3.88% for the most recently completed twelve months. The CPI increase is reflected in the proposed Miscellaneous Fee Resolution for the upcoming fiscal year (2018-19). Furthermore, the FY 2018-19 Miscellaneous Fee Schedule (Schedule) identifies all fees assessed as well as proposed new fees and those recommended for adjustment (Exhibit 2 and Exhibit 3). In addition, Staff has engaged a consultant to review the Fees to determine if the assessed amount recovers the cost of providing the service. It is anticipated that the report will be completed during mid to late fiscal year 2018-19. Furthermore, the Resolution includes the continued waiver of the Credit Card Processing fee, establishment of fifteen new fees, modification of eight existing fees and the deletion of nine fees. All proposed fee changes become effective July 1, 2018. 75A-2-1 Fiscal Year 2018-2019 Miscellaneous Fee Resolution June 5, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT The proposed fee schedule will generate additional revenue that will be appropriated to the City's various funds, departments, programs and enterprise activities. S�S� &�i A-�L A Francisco Gutierrez Executive Director Finance and Management Services Exhibits: 1. Resolution 2. Miscellaneous Fees Schedule 3. Summary of Proposed New, Modified and Deleted Fees 75A-2-2 EXHIBIT 1 LS 6-5.18 RESOLUTION NO. 2018-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2018-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive lisfing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2018-2019 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2018-2019, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.88%, so that certain proposed fees for Fiscal Year 2018-2019 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPI) in a twelve month period ending December 31, 2017. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.88% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.88% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; now charges should be added or modified; or, existing charges raised beyond this 3.88%. Such charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Resolution No. 2018-XXX 75A-2-3 Page 1 of 3 Ls 6.5.18 Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. F. In order to have a single comprehensive document for Fiscal Year 2018- 2019, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. H. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above -specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2018-2019 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2017-025 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2017-025 is hereby repealed. Section 4: If any charge. fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2018. Resolution No. 2018-XXX Page 2 of 3 75A-2-4 LS 6.5.18 ADOPTED this day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: he'z Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 201 8-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on ju—ne _, 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-XXX 75A-2-5 Page 3 of 3 75A-2-6 FY 2018-19 PROPOSED MISCELLANEOUS FEES SCHEDULE June5,2018 if you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: Section Representative Phone ALL DEPARTMENTS Budget Office 647-5420 CLERK OF THE COUNCIL Maria D. Huizar 647-6520 COMMUNITY DEVELOPMENT AGENCY Susan Gorospe 647-5376 FINANCE & MANAGEMENT SERVICES Will Holt 647-5440 FIRE SERVICES Arturo Rodriguez 647-6953 LIBRARY Silvia Cuevas 647-5254 PARKS, RECREATION & COMMUNITY SERVICES Francisco Arroyo 571-4218 PLANNING & BUILDING AGENCY Mario Espindola 667-2717 POLICE DEPARTMENT Robert Carroll 245-8135 PUBLIC WORKS AGENCY Margaret Mercer 647-5050 If you have any questions regardingthe Miscellaneous Fee Process, please contact the Budget Office at 647-5420. 75A-2-8 TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 11 CLERK OF THE COUNCIL 6 III COMMUNITY DEVELOPMENT AGENCY 7 IV FINANCE & MANAGEMENT SERVICES 8 V FIRE SERVICES 10 VI LIBRARY 13 VII PARKS, RECREATION & COMMUNITY SERVICES 15 Vill & Ix PLANNING & BUILDING AGENCY 21 X POLICE DEPARTMENT 67 XI PUBLIC WORKS AGENCY 75 Appendix Summary of Proposed New and Modified Fees 80 75A-2-9 This Page Intentionally Left Blank 75A-2-1 0 RESOLUTION 2018-)= 3.88-A PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Certification - Any Public Record Each 3.25 3.38 Proof of Residency/Living Certification Each 10.34 10.74 Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Size up to 8 1/2" x 14" Each Page 0.20 0.21 Oversized (larger than 8 1/2" x 14") Each Page Actual Cost Actual Cost Postage Charges Each Actual Cost Actual Cost DVD or CD with records Each 5.73 5.95 Subpoena Duces Tecurn - same as above generaffees plus thefollowing Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and preparing documents' Hour 24.00 24.93 Quarter hour or fraction thereof 6.00 6.23 Charges paid to a third person for retrieval and return of records held by that third person Each Actual Cost Actual Cost Witness Fees' Per Day 275.00 285.67 Police/Fire Per Day 275.00 285.67 at tender of Subpoena plusfull cost that city Incurs in terms of salary and traveling expensesfor employee All other Employees 275.00 285.67 at tender of Subpoena plusfull cost that city incurs in terms of salary and traveling expensesfor employee Mileage Fees' (per mile, each way) Each 0.20 0.21 NOTE: Copies of maps, documents, graphs, orspecial work may befurnished upon the payment of the cost of printing and preparation. In cases where a regular establishedprice Is unavailable, the Department Head, in collaboration with the Executive Director of Finance & Management Services, may establish a price consistent with the cost of printing and preparation thereof. The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official representative(s) shall be exempt from paying these charges for single copies for official use. Preparation of Administrative Records Dep osit to b e a ppled to copy charges of $0.20 per page. Deposit -Flat Rate 122.28 127.02 75A-2-11 1 RESOLUTION 2018-)00( 3.885A PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTNIENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Subscriptions - Agendao Mildtes. Gouneil Annual 83.65 Bee d9jea ligsiel 9 Amnual 0.93 -Referto Summary of New, Modified & Deleted Fees Conforms to California Government Code Section 68096.1 and 68097.2 City CouncliAgenda andMinutescon be obtained at no chargefrom the City's Internet website at www.sonta-ana.org Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1-800-262-2633) Building Rental Fees Santa Ana Regional Transportation Center (SARTC) Facility Rental for Special Events Per Reservation 4,163.03 4,324.56 Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not -for -profit civic, social, and religious organizations. Group 3 Nonresident not -for -profit civic, social, and religious organizations. Group Resident commercial, business, and for -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. Facility Group I Group 2 Group 3 Group 4 Group 5 Police Facility Community Room Up to 3 hours N/C 149.71 299.42 207.37 432.50 Proposed 3.88% 155.52 311.03 215.42 449.28 Each additional hour N/C 47.69 96.48 68.76 144.17 Proposed 3.881A 49.54 100.23 71.42 149.76 Cleaning Deposit (may be refundable) 230.66 230.66 230.66 230.66 230.66 Proposed 3.88-A 238.41 239.61 239.61 239.61 239.61 SARTC Lobby Per Hour N/C 186.81 248.36 185.73 309.90 Proposed 3.88% 194.05 257.99 192.93 321.93 Lobby Cleaning Deposit 221.36 221.36 221.36 221.36 221.36 Proposed 3.88-A 228.80 229.95 229.95 229.95 2Z9.95 SARTC Courtyard Per Hour N/C 61.55 91.78 61.55 123.09 Proposed 3,88% 63.94 95.34 63.94 127.87 Courtyard Cleaning Deposit 111.22 111.22 111.22 111.22 111.22 Proposed 3.89% 115.54 115.54 115.54 115.54 115.S4 75A-2-12 RESOLUTION 201840CK 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS SARTC Meeting Room Up to 3 Hours Proposed 3.88% Each Add. Hour Proposed 3.88% Cleaning Deposit (may be refundable) Proposed 3.88% Facility SARTC -Suite 100 Up to 3 hours Proposed 3.88% Each additional hour Proposed 3.88% Cleaning Deposit (may be refundable) Proposed 3.88% NX 79.91 160.89 111.22 234.32 83.01 167.13 115.54 243.41 NX 18.36 31.31 23.76 48.59 19.07 32.S3 24.68 50.48 230.66 230.66 230.66 230.66 230.66 239.61 239.61 239.61 239.61 239.61 Group I Group 2 Group 3 Group 4 Group 5 NX 560.42 1,120.84 794.59 1,569.18 582.17 1,164.33 815.04 1,630.06 NIC 134.98 269.95 188.97 377.93 140.21 280.43 196.30 392.60 230.66 230.66 230.66 230.66 230.66 239.61 239.61 239.61 239.61 Lawn Bowling Clubhouse NX 58.61 117.22 84.14 174.67 Proposed 3.88% 60.88 121.77 87.40 181.45 Southwest Sr. Cente California Room N/C 104.45 175.26 117.22 210.07 Proposed 3.88% 108.51 182.06 121.77 218.22 Dining Room NX 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Kitchen N/C 27.86 41.79 34.81 55.71 Proposed 3.88% 28.94 43.41 36.16 57.88 Conference Room N/C 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Santa Ana Sr. Center Main Room N/C 107.27 179.99 120.38 215.74 Proposed 3.88% 111.44 186.98 225.05 224.11 Dining Room N/C 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Kitchen N/C 27.86 41.79 34.81 55.71 Proposed 3.911% 28.94 43.41 36.16 57.88 Classroom N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 75A-2-13 RESOLUTION 2018-)00( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTIVENT/IVIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Salgado Community Cente Meeting Room A N/C 38.30 77.76 55.71 111.99 Proposed 3.88% 39.79 80.78 57.88 116.34 Meeting Room B N/C 19.15 38.29 27.86 55.70 Proposed 3.88% 19.89 39.78 28.94 57.86 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.88% 15.08 30.14 21.10 43.41 Gymnasium N/C 73.12 146.24 104.45 210.07 Proposed 3.88% 75.96 151.91 108.51 218.22 Facility Group 1 Group 2 Group 3 Group 4 Group 5 Garfield Community Cente Multi -Purpose Room N/C 96.73 162.31 108.55 194.54 Proposed 3.88% 100.48 168.61 112.76 202.09 Dance Room N/C 32.24 51.60 38.70 77.94 Pmposed 3.88% 33.49 53.60 40.20 80.96 Jerome Recreation Center Social Hall N/C 19.15 38.30 27.86 55.71 Proposed 3.89% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.88% 15.08 30.14 21.10 43.41 Gymnasium N/C 70.96 141.97 101.40 203.94 Pmposed 3.88-A 73.74 147.48 105.34 211.85 El Salvador Center Social Hall. N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.08% 15.08 30.14 21.10 43.41 Memorial Center Social Hall N/C 19.15 38.30 27.86 55.71 Pnapwed 3.88% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.10A 19.89 39.79 28.94 57.88 Loa Cabins N/C 9.86 19.15 13.93 20.32 Pmposed 3.88% 10.24 19.89 14.47 21.10 Corbin Center (per room) N/C 19.15 38.30 27.86 55.71 Proposed 3.811% 19.89 39.79 28.94 57.88 75A-2-14 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCIELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Hector Godinez High Schoo Class Room N/C 33.08 53.40 40.04 80.09 Proposed 3.88% 34.36 55.47 41.60 83.20 Meeting Room N/C 36.56 74.28 53.40 106.77 Proposed 3.88% 37.98 77.16 S5.47 110.91 Performing Arts Facility N/C 99.82 167.12 111.99 200.20 Proposed 3.88% 103.69 173.60 116.34 207.97 Band Room N/C 55.70 111.99 80.09 166.56 Proposed 3.88% 57.86 116.34 93.20 173.02 Gymnasium N/C 70.23 139.85 99.82 200.20 Proposed 3.88% 72.96 145.28 103.69 207.97 See SECTION V1 I for surcharges Santiago Wildlife ond Watershed Center Class Room N/C 46.42 77.53 52.00 92.85 Proposed 3.88% 48.22 80.54 54.02 96.46 Stodiurn Concession Building N/C 58.61 117.22 84.14 174.67 Proposed 3.88% 60.88 121.77 97.40 181.45 75A-2-15 RESOLUTION 2018-)DCX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION 11 CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Actual Cost Geographical Information Systems (GIS) Maps 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 58.46 58.46 57070 City Charter Over the Counter Per Unit 14.90 14.90 Mailed Requested Per Unit 18.91 18.91 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g , floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPQ Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 57070 Tapes of Council Meetings DVD's Per Meeting 5.73 5.73 (order DVOs directly by coiling Parks, Recreation and Comm unity Services at (714) 571-4200) 57070 Hearings Chapter 3 Appea I Hea ring Application Fee Per Request 129.04 134.05 Processing Fee Per Request 43.73 45.42 Labor Charges (Deposit Only) Per Hour 43.73 45.42 ... Appellant will be billed for ACTUAL costs, including Hearing Officer 75A-2-16 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION III COMMUNITY DEVELOPMENT AGENCY Various-57990 Subordination Fee Perl.oan 250.00 259.70 Density Bonus Setup Fee 1/8 of 1% 1/8 of 1% Gross Gross Valuationof Valuationof Construction Construction Charge Charge 53902 Inclusionary Housing Plan Submittal Fee Per Submittal 250.00 259.70 53902 Initial Sale of Ownership Units Per Unit 310.00 322.00 53902 Annual Rental Monitoring Fee Per Unit 100.00 103.85 TEFRA Hearing Fee - Housing Project Per Hearing 0.00 832.40 TEFRA Hearing Fee - Non -Housing Project Per Hearing 0.00 644.40 75A-2-17 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003-004). Program administered by Police Department County of Orange proposedfees, subject to change pending County approval" CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual *Aftered (Neutered or Spayed) Each Dog** 27.00 28.05 *Unaltered Each Dog** 100.00 103.88 Replacement ofTag Each" 3.00 3.12 *Senior Citizen (65 or older) Animal must be spayed/neutered. Each-- 13.50 14.02 *Late License Penalty (after 30 days) Each** 35.00 36.36 *Puppy License (12 month license for dogs under 6 months) Each Dog** 27.00 28.05 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 38.79 40.29 Mailed Each 47.80 49.65 53902 Finance - Record Abstract Certified Each 20.16 20.94 Uncertified Each 12.89 13.39 53902 Abstract of Billing History Fee Per Account 50.10 52.04 50045 Monthly New Business License List Each 20.16 20.94 50045 Inspection/Collection Service Fee Each BLT 56.92 59.13 re-inspection/collection visit Per qualifying BLT audit (underpayments of 50045 Audit Service Fee 10% or greater, but not less than $250) 59.15 61.45 50045 Autoregistration Service Fee Per BLT account autoregistration/assessment 15.62 16.23 50045 Recording Service Fee Per recording of BLT (Business License Tax) lien 58.92 61.20 50045 Transfer Service Fee Per BLT account collection transfer 37.95 39.42 75A-2-18 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANECUS FEE OR SERVICE UNIT FEES FEES 50045 Hearing Service Fee Per BILT administrative hearing 111.61 111.61 53900 Credit Card Processing Fee (fee waived by Council) Per Transaction Waived Waived 57900 Return Payment Service Fee Ist item 25.00 25.97 53901 Stop Payment/Reissue Fee 06017002 Utility Service Set-up 53716 After hours Turn On or Turn Off Fee 53715 Turn On or Turn Off Fee 53715 Field Collection Fee 53709 Registration Fee 53717 Tag Fee (Upon affixing) 53714 Special Investigation/Meter Reread Fee 53714 Meter Read Trip Fee 57000 Copy of Comprehensive Annual Financial Report (CAFR) 57000 Copy of City Annual Budget 53402 Paramedic Subscription Fee City Administered Paramedic Subscription Program Fee each Subsequent item 35.00 36.36 Each 12.00 12.47 Each 148.73 154.50 Each 59.41 61.71 Each 29.15 30.28 Each Each Each Each Each Each Per Household/Business Location Annual 39.06 12.81 12.81 12.81 Actual Cost Actual Cost 55.65 40.59 13.31 13.31 13.31 Actual Cost Actual Cost 57.81 75A-2-19 9 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)* per page 0.23 0.24 53505 Fire Incident Report/Photographs on Computer Disc [CD) per page 0.23 0.24 Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) *Minimum one (1) hour perpage 0.22 0.23 53505 Fire Inspection Reports per page 0.23 0.24 53505 Fire Code and Fire Code Standard Copies per page 0.23 0.24 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) PerStand 434.38 451.24 Cleanup Deposit Bond (Refundable) Per Stand 196.23 203.84 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.85 0.88 Pertains to construction built over 2 stories in height. Rate is set by ordinance in accordance with the Engineering News Report. *Other Fire Services related fees that may apply can be found at www.ocfa.org MEDICAL RESPONSE 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 292.29 303.63 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 467.66 485.80 53509 Emergency Medical Assessment N/A 154.74 160.74 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 81.38 84.54 75A-2-20 10 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53509 Emergency Base Rate/Transportation (in FiFe Belat owned oehWe) * PerTransported Patient Each 654.49 679.89 *Referto Summaryof New, Modified & Deleted Fees 53509 Mileage PerTransport PerTransport Mile Per Transported Patient Each 17.19 17.86 53509 DISPOSIBLE MEDIC4L SUPPLIES Airway Bridge Each 29.80 30.96 Airway - Combitube, holder Each 120.35 125.02 Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient 51.58 53.58 eye protection, N-95 mask Airway Nasal Each 35.53 36.91 Airway Oral Each 3.05 3.17 Ambu. Bag, Adult, Pediatric, Infant Each 69.92 72.63 "Cook Kit" (thoracostomy set) Each 186.83 194.08 Mask - Resuscitator Each 21.78 22.62 Mask - Non-rebreather-oxygen Each 4.42 4.60 Nasal cannula Each 3.92 4.07 Nebulizer Each 5.03 5.23 Oxygen Per Patient 83.33 86.56 Suction Kit - Manual or electric V-vac, canister, catheters, yankauer, bulb, feeding tube Per Patient 32.78 34.05 CARDIAC MONITOR/ DEFIBRILLATION Monitor - electrodes Per Patient 31.41 32.62 Defibrillation gel Per Patient 5.04 5.24 Defibrillation pads Per Pair 55.98 58.15 DRESSING/ IMMOBILIZATION Minor trauma kit - Band-Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 6.46 6.71 Major trauma kit - 44's, ABD pads, Kerlix, tape, petroleum dsg Per Patient 9.5129 9.88 Burn pack - Burn sheet, any size burn towel, irrigation saline Per Patient 36.8949 38.32 Cold pack Each 3.28899 3.42 Gloves Per Pair 1.81086 1.88 Hip wrap (disposable hip splint) Each 37.32 38.77 Restraint (limb restraint) Each 3.28899 3.42 Spinal Immobilization - backboard, cervical collar, StaBlock, tape Per Patient 47.8194 49.67 Splint - air or cardboard Each 14.9231 15.50 Vacuum Splint Each 14.9348 15.51 IV ADMINISTRATION Armboard Each 6.46387 6.71 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 14.3621 14.92 75A-2-21 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES IV Solution - 250cc Saline, tubing Each 16.3564 16.99 IV Solution - 1000cc Saline, tubing Each 17.6053 18.29 Needles - disposable Each 1.6157 1.68 Saline lock Each 5.91357 6.14 Syringe Each 3.11114 3.23 MEDICATIONS Adenosine Each 33.12S6 34.41 Albuterol Each 3.09383 3.21 Arniodarone Each 4S.39 47.15 Atropine, Ampule Each 3.66759 3.81 Atropine, Syringe Each 12.1034 12.57 Diphenhydramine Each 3.96513 4.12 Dextrose, Syringe Each 18.1556 18.86 Doparnme, with drip regulator Each 9.87976 10.26 Epinephrine, 1:1000 amp Each 5.08919 5.29 Epinephrine, 1:1000 30cc Via] Each 21.1822 22.00 Epinephrine, 1:10000 syringe Each 47.3267 49.16 Glucagon Each 240.935 250.28 Glucose solution Each 7.06002 7.33 Lidocaine Each 12.1034 12.57 Morphine, amp Each 3.66759 3.81 Narcan, syringe Each 51.2811 53.27 Narcan, vial Each 112.742 117.12 Nitro spray Each 7.67964 7.98 Normal saline 10cc vial Each 1.94844 2.02 Sodium Bicarb Each 2.56699 2.67 Versed Each 7.01416 7.29 MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Each 1.43227 1.49 Blanket KCD Each 19.462 20.22 Blanket, quilted (disposable) Each 24.8891 25.85 Communicable Disease Kit - Personal protection pak, eye protection, vionex wipes Each 11.1979 11.63 Emesis Basin - Convenience bag Each 2.487 2.58 Glucometer Strips Each 6.08634 6.32 Irrigation Saline - 500cc bottle Each 3.34658 3.48 N 95 Mask Each 2.92212 3.04 OB Kit - Disposable OB Kit, eye protection Each 58.7773 61.06 75A-2-22 12 RESOLUTION REVENUE ACCOUNT 2018-XXX DEPARTMENT/MISCEUANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 18-19 FEES SECTION VI LIBRARY 55200 Compact Discs - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.DO 15.00 55200 Audio books - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 video Cassettes / DVDs- Overdue/Loss of Use Fee Per Day 1.50 1.50 -Not to exceed $15 Maximum Actual Cost* Actual Cost* 55200 Regular Books & Multi -Media Kits - Overdue/Loss of Use Fee Per Day 0.25 0.25 (includes adult books and children books) Maximum Actual Cost* Actual Cost* *Not to exceed $15 55200 Magazines - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - Overdue/Loss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 55200 Jetpacks (Hotspots) - Overdue/Loss of Use Fee Per Day 2.00 2.00 ($100 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Per 2 Week 0.50 0.50 Children's Per 2 Week 0.25 0.25 53203 DVD/Video Cassettes / Rental Entertainment Per 2 Weeks 2.00 2.00 Instructional & Non -Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if Incurred 55201 Lost/Damaged Jetipacks (Hotspots) Process Fee Each 10.00 10.00 Replacement Cost (Jetipack, USB cord, AC Adapter) Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged Bar Code label Per Incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CD/DVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD/DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 75A-2-23 13 RESOLUTION 2018-X)O( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved/Mall Books Homebound SA Residents 1.00 1.00 OtherSanta Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 57200 Newspaper Search Fee Per Search 20.00 20.00 57200 Computer Rental Per Hour 5.00 5.00 63209 NewesideRt �ibi;apt Ga d Fe, PeF GaFd 96.99 45.99 * Refer to Summary of New, Modified & Deleted Fees Nonresident Library Card for Employees of Santa Ana Businesses Per Card/Yea r 0.00 0.00 To be consisten t with Resolution 63-204: Fixed Charge for Nonresidents. One Day Ubrary Pass Per Day 15.00 15.00 Digital Services Photograph Request - Non -Commercial Use jpeg images from online catalog for personal use Per Image Free Free Tiff files/prints from existing scan Per Image 5.00 5.00 Image from previously unscanned material Per Image 15.00 15.00 Image for Commercial Use Per Image 25.00 25.00 Compact Disc Fee Per Disc 1.00 1.00 57200 Interlibrary Loan Fee Per Request 5.00 5.00 75A-2-24 14 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vil PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groupsJor which at least.519. of participants eitherfive or work in the City olSonta Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure a nd Instru ctlo nal classes will be offered by various agency divisions. The announcement of sa me will be made by printed fliers or in the quarterly program booklet mailed to registered participants. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. STAFFFEES S3319 Park Facilities/ReseNation/Supewision (Mandatory) Resident/Non-Resident Per Hour 23.28 24.18 TBD Rate for all other Services, Labor, MaterialJostor Damaged Equipment City's Cost City's Cost ATHLETIC FIELDSAND FACILITIES Multi -Purpose Field Fees 53308 Adult NDn-Resident/ Profit Per Hour 27.27 28.32 Adult Non -Resident/ Non -Profit Per Hour 23.86 24.79 Adult Resident/ Profit Per Hour 17.04 17.70 Adult Resident/ Non -Profit Per Hour 13.63 14.16 53307 Youth Non -Resident/ Profit Per Hour 9.92 10.31 Youth Non-Resident/Non-Profit Per Hour 6.62 6.88 Youth Resident/ Profit Per Hour 3.31 3.44 Youth Resident/ Non -Profit PerHour 1.64 1.70 Multi -Purpose Court Fees 53308 Adult Non -Resident/ Profit Per Hour 13.63 14.16 Adult Non -Resident/ Non -Profit Per Hour 11.93 12.39 Adult Resident/ Profit Per Hour 8.53 8.86 Adult Resident/ Non-Proflt Per Hour 6.82 7.08 53307 Youth Non -Resident/ Profit Per Hour 5.11 5.31 Youth Non-Resident/Non-Profit PerHour 3.42 3.55 Youth Resident/ Profit Per Hour 1.70 1.76 Youth Resident/ Non -Profit Per Hour 0.81 0.85 DYSC Reservation Fee- No Admission 53309 Adult Non -Resident/ Profit Per Hour 73.75 76.61 Adult Non -Resident/ Non -Profit PerHour 64.53 67.04 Adult Resident/ Profit Per Hour 46.09 47.88 Adult Resident/ Non -Profit Per Hour 36.87 38.30 53307 Youth Non -Resident/ Profit Per Hour 26.84 27.88 Youth Non-Resident/Non-Profit Per Hour 17.91 18.60 Youth Resident/ Profit Per Hour 8.95 9.29 Youth Resident/ Non -Profit Per Hour 4.30 4.46 75A-2-25 15 RESOLUTION 2018-XXX 3.88%S PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCIELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARKS, RECREATION & COMMUNITY SERVICES DYSC Reservation Fee- Admission 53308 Adult Non -Resident/ Profit Per Hour 105.38 109.47 Adult Non -Resident/ Non -Profit Per Hour 92.21 95.78 Adult Resident/ Profit Per Hour 65.87 68.42 Adult Resident/ Non -Profit Per Hour 52.68 54.73 53307 Youth Non-Resfdentl Profit Per Hour N/A N/A Youth Non-Resident/Non-Profit PerHour N/A NIA Youth Resident/ Profit Per Hour N/A N/A Youth Resident/ Non -Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 13518783-69011 Adult Non -Resident/ Profit PerHour N/A N/A Adult Non -Resident/ Non -Profit PerHour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Adult Resident/ Non -Profit PerHour NIA N/A 13519783-69011 Youth Non -Resident/ Profit Per Hour 26.84 27.88 Youth Non-Resident/Non-Profit PerHour 17.91 18.60 Youth Resident/ Profit Per Hour 8.95 9.29 Youth Resident/ Non -Profit Per Hour 4.30 4.46 S3307 Willard Inermediate Sports Field Non-Resident/Proffi: Per Hour 41.85 43.47 Non-Resident/Non-Profit Per Hour 30.67 31.86 Resident/Profit Per Hour 15.34 15.93 Resldent/Non-Profit PerHour 7.37 7.66 Athletic Facility Lights 53308 Adult Non -Resident/ Profit PerHour 49.11 51.01 Adult Non -Resident/ Non -Profit Per Hour 43.53 45.22 Adult Resident/ Profit Per Hour 32.37 33.62 Adult Resident/ Non -Profit Per Hour 26.79 27.83 53307 Youth Non -Resident/ Profit Per Hour 11�80 12.25 Youth Non-Resident/Non-Profit PerHour 7.86 8.16 Youth Resident/ Profit PerHour 3.93 4.08 Youth Resident/ Non -Profit PerHour 1.89 1.96 53307 & S3308 Hector Godmez Field Lights Per Hour N/A N/A Football Field Per Hour 13.39 13.91 Baseball Field Per Hour 17.86 18.55 Soccer Field Per Hour 13.39 13.91 Classroom Per Hour 2.23 2.32 Gymnasium Per Hour 23.44 24.35 Performing Arts Center PerHour 54.69 56.81 Black Box Per Hour 12.28 12.75 Outdoor Basketball Per Hour 4.46 4.64 57390 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.00 PerJoint Use Agreement with the Santa Ana Unified School District 57390 Hector Godinez Participant Fee Per Participant 1.00 1.00 PerJoInt Use Agreement with the Santa Ana Unified School District 75A-2-26 16 RESOLUTION 2018-300( 3.88Y. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vil PARKS, RECREATION & COMMUNITY SERVICES SAIVTA ANA STADIUM S7362 Stadium Sporting Event (12-14 Hours) Fee Adult Non -Resident/ Profit Per Day 1,510.55 1,569.16 Adult Non -Resident/ Non -Profit Per Day 1,321.72 1,373.00 Adult Resident/ Profit Per Day 944.09 980.72 Adult Resident/ Non -Profit Per Day 755.27 784.S7 Youth Non -Resident/ Profit Per Day 549.91 571.24 Youth Non-Res!dent/Non-Profit PerDay 366.60 380.83 Youth Resident/ Profit Per Day 183.31 190.42 Youth Resident/ Non -Profit Per Day 88.04 91.45 57362 Stadium Sporting Events Fee Adu It Non -Resident/ Profit Per Hour 126.39 131.29 Adult Non-Resldent/ Non -Profit Per Hour 110.58 114.87 Adult Resident/ Profit Per Hour 78.99 82.05 Adult Resident/ Non -Profit Per Hour 63.19 65.64 Youth Non -Resident/ Profit Per Hour 46.01 47.79 Youth Non-Resident/Non-Profit Per Hour 30.67 31.86 Youth Resident/ Profit Per Hour 15.34 15.93 Youth Resident/ Non -Profit Per Hour 7.37 7.65 57362 Local high schools and colleges + Security Flat Fee Per Day 1,561.27 1,621.85 57362 Playoff Games +Security Colleges, Universities, League or Conference Playoff Games for NCAA, ErC. Flat Fee plus security Per Day 1,933.01 2,008.01 Stadium Concession Building (see SECTION 1) 57362 Commercial Events/Admin. 7500 and over Both Grandstands Per Day 12,S95.83 13,094.55 West Grandstand Only Per Day 6,297.91 6,542.27 West Grandstand and Field Level Seating Per Day 9,446.88 9,813.42 Both Grandsta nos a nd Field Level Seating Per Day 18,893.74 19,626.82 57362 Commercial Events/Extra Day Move -in, if available: Flat Fee Per Day 1,241.20 1,289.36 57362 Commercial Events/Non-Spectator One to tvvo days Per Day 1,638.10 1,701.65 Three or more consecutive days Per Day 1,310.48 1,361.32 All-inclusive rental includes basic staffing, lighting, and rental fees 57362 Events/Solicit Donations No admission charge Per Day 4,421.80 4,593.36 57362 Santa Ana Stadium -Television Rights Per Event 1,092.06 1,134.44 57362 Santa Ana Stadium Graphics Operator Per Hour 89.98 93.47 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group I Per Day No charge No charge 75A-2-27 17 RESOLUTION 2018-)OCX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCEULANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARKS, RECREATION & COMMUNITY SERVICES Group 2 PerDay 47.98 49.84 Group 3 Per Day 59.98 62.31 Group 4 Per Day 71.98 74.78 Group 5 Per Day 95.97 99.70 See SECIFION 1, All Departments, Building Rental Fees, for group descriptions AQUA17CS 53304 General Admin. Adult -Pools Fee 2.00 2.00 53304 General Admin. Child -Pools Fee 1.00 1.00 53304 Pools Rental, to 50 people, includes 2 Lifeguards - Day Rates Resident Per Hour 104.42 108.47 Non -Resident PerHour 126.80 131.71 53304 Pools Rental, 51 or more people, includes 3 Lifeguards - Day Rates Resident PerHour 1S6.63 162.71 Non -Resident Per Hour 179.02 185.96 Note: Minimum 1 lifeguard for each group of up to 25 people E� 51-75 people - 3 lifeguards, 76-100 - 4 lifeguards 53304 Lifeguard per additional 25 people Per Hou r 22.39 23.25 Note. Pool rental charges arefor nonprofit, private and swim teams. OTHER RECREA TION FA CILITIES 53318 Tennis -First & Flower/weekdays 9ann-4prn Per Hour 2.00 2DO 4pm-dusk Per Hour 2.00 2,00 with lights Per Hour 4.00 4.00 53318 Tennis: Non-profit reservations per hour Resident PerHour 1ZO 1.00 Non-Resdent PerHour 2.00 2.00 57361 Santiago Lawn Bowling Greens Per Month 546.03 567.22 57361 Plaza Calle Cuatro From the hours of 8.00om to 10:00pm Non-Resident/Business Per Reservation 191.18 198.60 Non-Resident/Non-Profit Per Reservation 186.05 193.27 Resident/Business Per Reservation 144.70 150.32 Roldent/Non-Profit Per Reservation 124.03 128.84 Event Staffing Fee- Per Event Day 20.67 21.47 -Ifspecial event requires access to electricity 57361 Showmatille and Other Equipment Professional Commercial Rentals Per Day 447.54 464.91 Schools, Non-profit, Government Per Day 223.77 232.45 Supervision Cost (Mandatory) Per Hour 38.79 40.29 Mobile Bleacher * 4 Hour Minimum Per Hour- 38.79 40.29 Mobile Bleacher Additional Hour Per Hour 31.04 32.24 57361 Events Trailer - Tables and Chairs Tables PerTable/Day 11.65 12.10 Chaim Per Chair/Day 1.74 1.81 OTHER RECREATION PROGRAMS 53303 Sports, Youth: Registration for Baseball, T-Ba 11, Basketball, Flag football, Kickba 11, Softball, Soccer, and Volleyball. 75A-2-28 18 RESOLUTION REVENUE ACCOUNT 2018-XXX DEPARTMENT/MISCIELLANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 18-19 FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Reg. per person/sport (includes T-shirt) Each 34.39 35.72 Shirt -Extra Each 11.59 12.04 Cap -Extra Each 21.59 12.04 Shirt & Cap -Extra Set 21.73 22.58 S3301 Vacation Recreation Program Resident -per week Per Child 87.34 90.73 Resident Second Child- per week Per Child 58.23 60.49 Additional Non -Resident Fee Per Registration 14.91 15.49 Resident -per day (two day minimum) Per Child 17.47 18.15 53301 Family PRIDE Fees Excursion Bus Fees Per Child 2.75 2.86 PerAdult 4.14 4.30 FamilyAnnual Membership Fee Per Family 68.84 71.51 Campout Per Family 34.41 35.74 Halloween Dance Per Child 1.38 1.43 PerAdult 4.14 4.30 Christmas Dinner Per Child 6.88 7.14 PerAdult 9.64 10.01 Parent Dinner Dance Per Person 20.65 21.46 Per Couple 34.41 35.74 Teen Club Annual Membership Per Member 20.65 21.46 Teen Dance Per Person 4.14 4.30 53301 Excursion Bus Fee Per Child 4.14 4.30 PerAdult 6.88 7.14 53301 After School Adventures Program Per Child 20.00 20.78 Additional Child IS.00 IS.58 SANTA ANA ZOO ATPRENTICE PARK sagia iseAd iiissiens (Full del) Weelaia) Adul Eee4 W.G ig.89 GhilEl,tsenia clae44 q_.GG 4.2.7 FFieRdS Sf Z88 feel+ f� f� GPOUP94 Aduk sehee6' seoubs, eiej Eeeh 6`90 8.-R Ghiid4enie EeeN &.49 53312 Zoo Admissions Adult Each 12.00 12.00 Child/Senior Each 9.00 9.00 Friends of Zoo Each Free Free GFe"Pse. Gh ld/senlw Eaek 5-.W &.14 qRRI; gee Admissie is (Half day,, afteF2iGG PM, MOAday FFidBY, F�teeptllelldayS) Add! geel� &.4;9 9-31. Ghilel,Esenie gael, 5_.GG &.19 6391i Zee Admissions 11 !e1f do), afteF 2!90 13144, Satwelee Su As,, 14teept I lelida)s) Adult Eael, W.9 Q439 Ghild/senia E,921, 4:69 4,24 *Refer to Summary of New, Modthed and Deleted Fesas 75A-2-29 19 RESOLUTION 2018.X)OC 3.811% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION &COMMUNITY SERVICES 53310 Zoo Education Programs: Rates to be establishedand advertised by the Executive Director of Recreation & Community Services Agency throughfilers or othermedia. OTHER SPECIAL FEES 57010 Reservation Cancel lationfrransfer Fee Per Reservation 15.00 15.00 57010 Reservation No -Show Fee Per Reservation 25.00 25.00 57010 Reservation Permit Processing Fee Per Annual Permit 25.00 25.00 57010 Portable Restroorn Fee Per Hour 3.08 3.20 05113002-53317 Adult Soccer Reservation Surcharge Per Game 31.45 32.67 OS113002-S3317 Adult Baseball Reservation Surcharge PerGame 20.09 20.87 51301 Filming Permit Fee Per Day 440.49 457.58 Filming Permit Processing Fee -Student Per permit 0.00 75.00 Program administered by Parks, Recreation & Community Services -Refer to Summary of New, Modified & Deleted Fees 53308 Park Facilities/Reservation/Audlo Permits Resident Each 46.SS 48.3S Non -Resident Each 62.07 64.48 53308 Public Space Special Event Fee First Event Day Group I City Sponsored Event Each No charge No charge Group 2 Resident Non -Profit Each 744.72 773.62 Group 3 Non Resident Non -Profit Each 1,117.09 1,160.43 Group 4 Resident Commercial Each 1,303.27 1,353.83 Group 5 Non Resident Commercial Each 1,861.81 1,934.05 Each Additional Day Group I City Sponsored Event Per Day No charge No charge Group 2 Resident Non -Profit Per Day 223.42 232.09 Group 3 Non Resident Non-Proflt PerDay 33S.13 348.14 Group 4 Resident Commercial Per Day 390.99 406.16 Grou p 5 Non Resident Commercial Per Day 558.54 580.21 See SECTION 1, All Departments, Building Rental Fees, for group descriptions 99801001-21662 PRCSA Cleaning Deposit Per Re�servation 100.00 to 103.88 to 500.00 519.40 The appropriate depositfor eachfincility will be determined by the Executive Director ofParks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director cfPorks, Recreation and CommunityServices Agency throughfliers or other media. 3xx13002-53300 Park Acquisition and Development Fees 5 bedrooms Each 7,062.39 7,336.41 4 bedrooms Each 6,347.81 6,594.10 3 bedrooms Each 5,732.80 5,955.24 2 bedrooms Each 4,272.88 4,438.67 1 or less Each 3,206.86 3,331.28 75A-2-30 20 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 57770 Accelerated Records Research Fee Per Hour 68.31 70.96 53606 Adult Entertainment Land Use Permit Fee 1,578.21 1,639.45 57770 Aerial Photos Individual Sheets PerSheet 27.08 28.13 Complete Set PerSet 824.16 856.13 53606 Appeal Applicant Each 4,097.28 4,256.25 Non -Applicant Each 407.59 423.41 53606 Certificate of Compliance Certificate 1,189.03 1,235.16 51605 Certificate of Occupancy (Planning & Inspection) Certificate 446.20 463.51 53606 Amendment Application (A.A.) Change of Zone or District Fee 5,112.91 5,311.29 53613 Change of Site Address Request Fee 1,150.24 1,194.87 53613 Conceptual Review "First Look" Fee Fee 486.90 505.79 53606 Conditional Use Permit Application Fee Fee 5,496.08 5,709.33 53606 Condition Modification Fee 50% App.Fee 50% App. Fee 53606 Conditional Use Permit With a PC&N Determination (ABC License) Fee 4,892.47 5,082.29 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 8,739.12 9,078.20 53606 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 5,136.89 5,336.20 53606 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Deposit 12,842.05 13,340.32 Plus Reimburse CityforActual Cost 75A-2-31 21 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 53606 General Plan Amendment Flat Filing Fee Flat Fee 9,212.02 9,569.44 57770 General Plan Elements (Text) PerSet Actual Cost Actual Cost 57770 General Plan (Complete Text) PerSet Actual Cost Actu a I Cost 57770 General Plan Workbooks PerSet Actual Cost Actual Cost 53613 Land Use Certificate Category 1 Bazaars, Fiestas, Sidewalk Sales, Outdoor Auctions, Per Certificate 391.12 406.29 Child Care (8-14 children), Ancillary Massage 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Per Certificate 391.12 406.29 S3613 Category 3 Carnival, Circus, Outdoor Music, Concert, Arcade, Temporary ABC Licenses Flat Fee Per Certificate 701.36 728.58 53613 Category 4 AntennaS/Dishes Flat Fee Per Certificate 728.44 756.70 53613 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Fee 609.12 70.96 Per Additional Pay phone Each 181.32 181.32 53613 Category 6 Small Collection (Recycling) Facilities Fee 1,016.08 1,055.50 53613 Entertainment Permit Category 2 Amplified music, without dancing, Each 391.12 406.29 Entertainment ends by 12:00 a.m. (midnight) Category 3 Amplified music, with dancing, Each 391.12 406.29 Entertainment ends by 12:00 a.m. (midnight) Category 4 Amplified music, dancing, Each 701.36 728.58 Entertainment ends after 12:00 a.m. (midnight) 75A-2-32 22 RESOLUTION 2018-)O(X 3.88% PROPOSED REVENUE FY 17-28 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOLIS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 57770 Land Use Map Per Map Actual Cost Actual Cost 53605 Landscape Plan Review Single Family or Duplex Fee 335.57 348.59 Triplex, Townhouse, or Multiple Family Fee 620.68 644.76 Mixed Use or Non-residential Fee 882.84 917.09 Per Inspection after the 2nd Inspection Fee 503.91 523.46 53606 Lot Line Adjustment Filing Fee Fee 1,308.84 1,359.63 53606 Minor Exception Filing Fee Fee 2,538.89 2,637.40 53613 Home Occupation Permit Fee 276.70 287.43 53613 New Single Family Residence Review Fee 1,423.45 1,478.68 53613 Major Commercial Modification Review Fee 1,423.45 1,478.68 53613 Off -Premise Advertising (Billboard) Permit Application Fee Fee 5,366.48 5,574.70 53606 Parcel Map Extension Fee 20% App. Fee 20% App.Fee Tentative Flat Filing Fee Fee 4,433.84 4,605.88 Plus per Lot Fee Fee 18.87 19.60 5407 Voluntary Lot Merger Application Fee Fee 2,530.19 2,628.36 53606 Residential Relocation Filing Fee Fee 4,040.74 4,197.52 53613 Second Dwelling Unit Review Fee 2,163.68 2,247.63 57770 Sectional Districts Maps Individual Sheets PerMap Actual Cost Actual Cost Complete Set Per Set Actual Cost Actual Cost 53613 Sign Permit Review Fee 490.98 510.03 53613 Planned Sign Program Review Fee 553.34 574.81 75A-2-33 23 RESOLUTION 2018-XXX 3.118% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 53606 Regional Planned Sign Program Fee 53613 Sign Program Amendment Fee 53606 Site Plan Review (Public Hearing) Fee 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 53613 Temporary Sign Permit Fee 53613 Temporary Trailer Permit Fee 57770 Subdivision Ordinance Each 53616 Development Project Review (Site Plan Review) S.F. RANGE BASE COST ADDITIONAL SQUARE FOOTAGE 4,678.18 plus [5.55 x sq. footage above I sq. ft.] 1,000 - 1,999 s.f ..... 5,736.15 plus [4.09 x sq. footage above 1,000 sq. ft.] 2,000 - 4,499 s.f ...... 9,966.71 plus [2.32 x sq. footage above 2,000 sq. ft.] 4,500 - 9,999 .......... 15,982.96 plus (1.32 x sq. footage above 4,500 sq. ft.] 10,000 - 19,999 ...... 23,516.86 plus [0.73 x sq. footage above 10,000 sq. ft.] 20,000 - 49,999 ...... 31,052.11 plus [0.27 x sq. footage above 20,000 sq. ft.] 50,000 - 99,999 ...... 39,106.05 plus [0.15 x sq. footage above 50,000 sq. ft.] 100,000+ s.f ........... 46,872.29 plus [0.08 x sq. footage above 100,000 sq. ft.] 53606 Tract Map Tentative Filing Fee Fee Plus Each Lot Fee Plus Each Dwelling Unit Fee 53606 Underground Utilities Waiver Flat Filing Fee Fee 57770 Zoning Ordinance Booklets Per Booklet 53606 Variance Filing Fee Fee Condition Modification Fee 53607 Environmental Impact Report Environmental Impact Report - In -House Fee Environmental Impact Report- With Consultant 10% of Consultant fee 5,496.08 5,709.33 50% App. Fee 50% App. Fee 4,059.96 4,217.49 16,281.53 16,913.25 160.13 166.34 614.12 637.94 City's Cost City's Cost 4,503.45 4,678.18 5,521.90 5,736.15 9,594.44 9,966.71 15,385.98 15,982.96 22,638A9 23,516.86 29,892.29 31,052.11 37,645.41 39,106.05 45,121.57 46,872.29 4,794.28 4,980.30 18.87 19.60 18.87 19.60 498.02 517.34 City's Cost City's Cost 5,331.49 5,538.35 50% App.Fee 50% App. Fee 106,870.21 111,016.77 75A-2-34 24 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE PY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECrION Vill PLANNING & BUILDING AGENCY 53607 Negative Declaration - In -House Fee 69,775.84 72,483.15 Negative Declaration - With Consultant 10% of Consultant fee Negative Declaration - Without Studies Fee 7,663.53 7,960.87 53607 Categorical Exemption / Environmental Determination Each 609.88 633.54 5406 Mobile Vending Fee Each 556.89 578.50 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 175.44 182.25 51601 Re -inspection Fees First assessment Each 87.69 91.09 Second assessment Each 129.50 134.53 Third assessment Each 175.44 182.25 51601 Extension Fee (Notice of Violation) Each 260.23 270.33 5579 Dangerous and Abandoned Building Fee Fee 40Y. of board up fee 40% of board up fee or $205, whichever or $205, whichever is greater. is greater. 53613 Nonconforming Status / Zoning Verification Letter Each 571.05 593.21 53613 Zoning Interpretation Letter Each 507.17 526.84 53606 Zoning Ordinance Amendment Each 5,745.38 5,968.30 53418 Code Enforcement and Hearing Examiner Fee Per Hour 129.50 134.53 53418 Monitoring Fee Per Hour 147.78 153.51 Minimum 147.78 153.51 53606 Public Convenience & Necessity Determination Per Application 5,539.54 5,754.47 53618 Accelerated Development Project Review Each City's Cost City's Cost 53612 Mitigation Monitoring Fee due Upon submission ofsite plan review Per Project 453.31 470.90 Fee due upon submission for Plan Check Per Project 959.53 996.76 75A-2-35 25 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 53626 Medical Marijuana Registration Application Fee 1,690.00 1,690.00 51613 Adult -Use Retail Cannabis Reg Fee Fee N/A 1,690.00 51614 Adult -use Retail Regulatory Safety Permit Fee N/A 12,086.00 53613 Historic Property Preservation Agreement Each 4,257.40 4,422.59 (Mills Act Application) 5996 Reduelien *RefertoSummary of New, Modified & Deleted Fees 53606 Historic Exterior Modification (HEMA) Each 2,175.81 2,260.23 53060 Self -nomination of properties to the Santa Ana Register of Each 5,597.24 5,814.41 Historical Properties 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 691.11 717.93 55402 Commercial Vehicle Violation: Private Property FirstViolation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-6071(h) 55000 Commercial Vehicle Violation: Public Streets First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Set 41-607(h) Program administered by Police Department 50045 PREP Recording Service Fee Per Recording 58.92 61.20 Pursuant to SAMC Sec 8-1981 (b) SOD45 PREP Rental Housing Annual Inspection Fee Per Unit 23.77 24.70 Pursuant to SAMC Sec 8-1967 50045 PREP Re -inspection Fee Per Unit 15.50 16.11 75A-2-36 26 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOLIS FEE OR SERVICE UNIT FEES FEES SECTION Vill PLANNING & BUILDING AGENCY 55402 Yard Parking Violation First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-6071(e) 55402 Displaying Vehicle For Sale First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-1301(a) 75A-2-37 27 RESOLUTION 2018-)O(X REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 18-19 FEES SECTION IX PLANNING & BUILDING AGENCY 53600 1) 10,000 s/fw/c, interior improvements - Structural Plan Check sq. ft. 0.96 1.00 0.00 51601 2) 10,000 s/f w/o interior improvements - Structural Plan Inspection sq. ft. 0.26 0.27 51602 3) 10,000 sf w/o Interior improvements - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 4) 10,000 sf w/o interior Improvements - EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 5) 60,D00 sf W/o interior improvements - Structural Plan Check sq. ft. 0.09 0.10 51601 6) 60,000 sf w/o interior im provements - Structu ral Insp sq. ft. 0.09 0.10 51602 7) 60,000 sf w/o interior improvements - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 8) 60,OGO sf w/o interior improvements - EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 9) 100,000 sf w/o interior improvements - Structural Plan Check sq. ft. 0.08 0.08 S1601 10) 100,000 sf w/o interior improvements - Structural Insp sq. ft. 0.14 0.15 51602 11) 100,000 sf w/o Interior improvements - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 12) 100,000 sf w/o interior Improvements - EMP Plan Check see individual see individual item item schedule schedule 53602 S3603 53600 13) 10,000 sf with interior Improvements - Structural Plan Check sq. ft. 1.32 1.37 51601 14) 10,000 sf with interior Improvements - Structural Insp sq. ft. 0.37 0.39 51602 15) 10,000 sf with interior improvements - EMP Insia see individual see individual item item schedule schedule 51603 51604 53601 16) 10,000 sf with interior improvements - EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 17) 60,000 sf with interior Improvements - Structural Plan Check sq. ft. 0.09 0.10 51601 18) 60,000 sf with interior Improvements - Structural Insp sq. ft. 0.15 0.16 75A-2-38 28 RESOLUTION 2018-)OD( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECrION IX PLANNING & BUILDING AGENCY ee individual see Individual item Stem 51602 19) 60,000 sf with interior Improvements - EMP Insp schedule schedule 51603 51604 see individual see Individual item 53601 20) 60,000 sf with interior Improvements - EMP Plan Check item schedule schedule 53602 53603 53600 21) 100,000 sf with interior improvements - Structural Plan Check sq. ft. 0.13 0.14 51601 22) 100,000 sf with interior improvements - Structural Insp sq. ft. 0.16 0.17 see individual see individual item 51602 23) 100,000 sf with interior improvements - EMP I nsp item schedule schedule 51603 51604 see individual see individual item 53601 24) 100,000 sf with interior improvements - EMP Plan Check item schedule schedule 53602 53603 53600 25) High Rise, 5 Stories or more - Structural Plan Check assumes 50k sq. ft. 0.89 0.93 51601 26) High Rise, 5 Stories or more - Structural Insip assumes 50k sq. ft. 0.26 0.27 see individual see individual item 51602 27) High Rise, 5 Stories or more - EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 28) High Rise, 5 Stories or more - EMP Plan Check item schedule schedule 53602 53603 53600 29) 2,500 sf Residential 2 story SFD - Structural Plan Check sq. ft. 2.28 2.37 If single story sq. ft. 1.04 1.08 If repeat sq. ft. 0.53 0.55 51601 30) 2,500 sf Residential SFD - Structural Insp sq. ft. 0.60 0.62 see individual see individual item 51602 31) 2,500 sf Residential SFD - EMP Insp item schedule schedule 51603 51604 75A-2-39 29 RESOLUTION 2018-X)OC 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/M ISCELLAN EOUS FEE 0 R SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53601 32) 2,500 sf Residential SFD - EMP Pla n Check See individual see individual item item schedule schedule 53602 53603 53600 33) Apartment, 10 units - Structural Plan Check assumes 10k sq. ft. 1.04 Y.6� 51601 34) Apartment, 10 units - Structural Insp assumes 10k sq. ft. 0.25 0.26 51602 35) Apartment, 10 units - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 36) Apartment, 10 units - EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 37) Hotel/Motel, 20 units - Structural Plan Check assumes 15k sq. ft. 1.11 1.16 51601 38) Hotel/Motel, 20 units - Structural Imp assumes ISksq. ft. 0.44 0.45 51602 39) Hotel/Motel, 20 units - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 40) Hotel/Motel, 20 units - EMP Plan Check see Individual see individual item item schedule schedule S3602 53603 53600 41) Misc Resid. Structure: Patio Cover/Garage-Structural Plan Check sq. ft. 0.37 0.39 51601 42) Misc. Resid. Structure: Patio Cover/ Garage - Structural Insp sq. ft. 0.38 0.40 51602 43) Misc. Resid. Structure: Patio Cover/ Garage - EMP Insp see individual see Individual item item schedule schedule 51603 51604 53600 44) Addition: up to 500 sf Resid 1st floor - Structural Plan Check sq. ft. 1.30 1.35 51601 45) Addition: up to 500 sf Resid 1st floor - Structural Insp sq. ft. 1.04 1.08 51602 46) Addition: up to 500 sf Resid Ist floor - EMP Insp see individual see individual item item schedule schedule S1603 51604 53600 47) Addition: up to 1,500 sf Resid Ist floor - Structural Plan Check sq. ft. 1.04 1.08 S1601 48) Addition: up to 1,500 sf Resid 1st floor - Structural Insp sq. ft. 0.88 0.92 75A-2-40 30 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOLIS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY See individual see individual item 51602 49) Addition: up to 1,500 sf Resid 1stfloor- EMP Insp Item schedule schedule 51603 51604 See Individual see Individual item 53601 50) Addition: up to 1,500 sf Resid 1st floor - EMP Plan Check item schedule schedule 53602 53603 53600 51) Addition: up to 500 sf Resid 2nd floor - Structural Plan Check sq. ft. 3.56 3.70 51601 52) Addition: up to 500 sf Resid 2nd floor- Structural Insp sq. ft. 1.81 1.88 see individual see individual item 51602 53) Addition: up to 500 sf Resid 2nd floor - EMP Insp item schedule schedule 51603 51604 53600 54) Addition: up to 1,500 sf Resid 2nd floor - Structural Plan Check sq. ft. 2.33 2.42 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. 1.02 1.06 see individual see individual item 51602 56) Addition: up to 1,500 sf Resid 2nd floor - EMP Insip Item schedule schedule 51603 51604 see individual see individual item 53601 57) Addition: up to 1,500 sf Resid 2nd floor - EMP Plan Check Item schedule schedule 53602 53603 53600 58) Swilmming Pool, 350 sf - Structural Plan Check sq. ft. 0.53 0.55 51601 59) Swimming Pool, 350 sf - Structural Insp sq. ft. 0.58 0.61 51602 60) Swimming Pool, 350 sf - EMP Insp see Individual see individual item Item schedule schedule 51603 51604 see individual see individual item 53601 61) Swimming Pool, 350 sf - EMP Plan Check item schedule schedule S3602 53603 S3600 62) Fence (wood), 20 If - Structural Plan Check if 0.37 0.39 51601 63) Fence (wood), 20 If - Structural Insp if 0.28 0.29 S3600 64) Retaining Wall, 20 If - Structural Plan Check if 0.38 0.40 51601 65) Retaining Wall, 20 If - Structural Insp If 0.37 0.39 S3600 6G) TI, 4,000 sf - Structural Plan Check sq. ft. 0.34 0.3S 51601 67) T1, 4,000 sf - Structural Insp sq. ft. 0.24 0.25 75A-2-41 31 RESOLUTION 2018.X)D( 3.88%6 PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 68) TI, 4,0DO sf - EMP Insp seeindividual see individual item item schedule schedule 51603 S1604 0.00 53601 69) TI, 4,000 sf - EMP Plan Check see individual see Individual item item schedule schedule 53602 53603 53600 70) TI, 8,000 sf - Structural Plan Check sq. ft. 0.28 0.29 51601 71) TI, 8,000 sf - Stru ctu ral I nsp sq. ft. 0.14 0.14 51602 72) TI, 8,000 sf - EMP Insp see individual see individual Item item schedule schedule 51603 51604 53601 73) T1, 8,000 sf - EMP Plan Check see individual see Individual item item schedule schedule 53602 53603 53600 74) TI, 12,000 sf - Structural Plan Check sq. ft. 0.26 0.27 51601 75) TI, 12,000 sf - Structural Insp sq. ft. 0.09 0.09 51602 76) T1, 12,000 sf - EMP Insp see individual see individual item item schedule schedule 51603 51604 S3601 77) TI, 12,000 sf - EMP Plan Check see Individual see individual item Item schedule schedule S3602 53603 53600 78) TI, 20,000 sf - Structural Plan Check sq. ft. 0.19 0.20 51601 79) TI, 20,000 sf - Structural Insp sq. ft. 0.11 0.11 51602 80) TI, 20,000 sf - EMP Insp see Individual see individual item item schedule schedule 51GO3 51604 53601 81) TI, 20,000 sf - EMP Plan Check see individual see Individual item item schedule schedule 53602 53603 53600 82) Resid. Misc (,vinclow, door, etc.) - Structural Plan Check flat 555.01 S76.SS 75A-2-42 32 RESOLUTION 2018-30DI 3.88%. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/IVIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 83) Resid. Misc (window, door, etc.) - inspection flat 408.95 424.82 53600 84) Comm. Misc (storage rack) - Structural Plan Check flat 1,067.25 1108.66 51601 85) Comm. Misc (storage rack) - Structural Insp flat 574.83 597.13 see individual see individual item 51602 86) Comm. Misc (storage rack) - EMP Insp item schedule schedule 51603 51604 see individual see individual item S3601 87) Comm. Misc (storage rack) - EMP Plan Check item schedule schedule 53602 53603 53600 88) Commercial Sign - Structural Plan Check hourly 213.86 222.16 51601 89) Commercial Sign - Structural Insp hourly 154.26 160.25 see individual see individual item 51602 90) Commercial Sign - EMP Insp item schedule schedule 51603 51604 see individual see individual item S3601 91) Commercial Sion - EMP Plan Check item schedule schedule 53602 53603 53600 92) Residential Re -roof - Structural Plan Check hourly 213.86 222.16 51601 93) Residential Re -roof - Structural Insp hourly 154.26 160.25 53600 94) Commercial Re -roof - Structural Plan Check hourly 213.86 222.16 51601 95) Commercial Re -roof - Structural Insp hourly 154.26 160.25 53600 96) Demolition - Structu ra I Plan Check hourly 213.86 222.16 51601 97) Demolition - Structu ra I Insp hourly 154.26 160.25 see individual see individual item 51602 98) Demolition - EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 99) Demolition - EMP Plan Check item schedule schedule 53602 53603 S3600 100) 400 sf TI and Seismic Reinforcement - Structural Plan Check sq. ft. 0.53 0.55 75A-2-43 33 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 13-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 101) 400 sfTl and Seismic Reinforcement - Structural Insp sq. ft. 0.41 0.43 S3601 202) 400 sf TI and Seismic Reinforcement - EM P P Ian Check see individual see Individual item item schedule schedule 53602 53603 53600 103) Seismic Reinforcement Only sq. ft. same as TI rates same as TI rates 53600 104) Parking Lot- 20 or fewer spaces Restriping - Stroctural Plan Check perspace 2.09 2.17 51601 105) Parking Lot- 20 or fewer spaces Restriping - Inspection perspace 2.09 2.17 53600 106) Parlding Lot - 20 spaces Resurface - Structural Plan Check perspace 2.09 2.17 51601 107) Parking Lot - >20 spaces sf Resurface - Insp perspace 2.09 2.17 S1601 108) Minimum Fee - Inspection flat 154.26 160.2S 51602 S1603 51604 53600 109) Minimum Fee - Plan Check hourly, min 1/2 hr 213.86 222.16 53601 53602 53603 51601 110) Re -inspection hourly 154.26 160.25 S1602 51603 51604 53600 111) Prelim Plan Check Review -per hour hourly 213.86 22i'�6 53601 53602 53603 53600 112) Energy PC - 4,000 sf. sq.ft. 0.10 0.10 53600 113) Energy PC - 8,000 sf sq. ft. 0.10 0.10 53600 114) Accessilbillity PC - 4,000 sf - Structural Plan Check sq. ft. 0.15 0.16 51601 115) Accessibility PC - 4,000 sf - InspeCion sq. ft. 0.05 0.06 53600 116) Accessibility PC - 8,000 sf - Structural Plan Check sq. ft. 0.10 0.10 51601 117) Accessibility PC - 8,000 sf - Inspection sq.ft. 0.04 0.05 53600 118) Cha nge of Use b) deposit 781.43 811.75 53600 119) Code Modification - si mple flat 853.39 886.50 53601 53602 53603 75A-2-44 34 RESOLUTION 2018-300C 3.98% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTIVIENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 120) Code Modification -moderate flat 1,706.80 1,773.02 53601 53602 53603 53600 121) Code Modification -complex flat 3,413.60 3,546.05 53601 53602 53603 53600 122) Notice of Violation -Structural Plan Check New hourly 21186 222.16 51601 123) Permit Issuance Fee - EMP and Misc. Building flat 52.99 55.04 51602 51603 51604 51601 124) Permit Issuance Fee - Residential and Non Residential flat 141.32 146.80 51600 125) Permit issuance Fee - General Plan Update surcharge flat 21.25 22.08 51601 126) Permit Renewal/Extension Fee flat 77.13 80.13 51602 (per permit renewed or extended) 51603 51604 Rimidentiol Reehar Sale, (MAY to 161AYj 51601 127a) Residential Photovoltaic System (1kWto 15kW) flat 500.00 450.00 Plus each additional kW over 1SkW each 15.50 15.00 127b) Residen�al ReOftilp 9818F (I'tW is 191AY) Residential Thermal Systems (lkwth to 10 kwth) flat 500.00 450.00 Plus each additional kWth over lOkWth each 15.50 15.00 127c) Ceffifflffei8l 1488ftep S918F (I'M40 SEWN) Commercial Rooftop Solar (1kW to 501,W) flat 1,033.60 1,000.00 Plus each additional kV/ over 501kW up to 250 kV1 each 7.24 7.00 Plus each additional kW over 2501kW each 5.17 5.00 127d) Commercial Thermal Systems (lkWth up to 30kWth) flat 2,480.64 2,00.00 Plus each additional kWth between 30kWth up to 260kWth each 7.24 7.00 Plus each additional kWth over 260kV1 each 5.17 5.00 *Refer to Summary of Nem, Mochfied and Deleted Fees 75A-2-45 35 RESOLUTION 2018-X)OC 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 128) Solar Panel - Structural Plan Check hourly 213.86 222.16 51601 129) Solar Panel - Inspection Residential flat 315.04 327.26 51601 130) Solar Panel - Inspection Commercial flat 949.37 986.21 51601 131) Field Plan Check - subjectto field Structural Plan Check hourly 154.27 160.26 53600 132) Cell Tower-5tructural Plan Check hourly 213.86 222.16 53600 133) Deferred Submittal -Structural Plan Check hourly 213.86 222.16 53600 134) Rooftop equipment - Structural Plan Check hourly 213.86 222.16 5360D 135) Equipment Changeout -Structural Plan Check hourly, min 1/2 fir 213.86 222.16 53600 136) Dust Collecting - Structural Plan Check hourly 213.86 222.16 53600 137) Above/Below Ground Tank- Structural Plan Check hourly 213.86 222.16 53600 138) Trash Enclosures - Structural Plan Check flat 213.86 222.16 53600 139) Lighting Standards -Structural Plan Check hourly, min 1/2 hr 213.86 222.16 51601 140) Lighting Standards - Inspection hourly 154.26 160.25 53600 141) Pedestrian Protection - Structural Plan Check hourly, min 1/2 hr 213.86 222.16 51601 142) Pedestrian Protection - Inspection hourly, min 2hr 154.26 160.25 53600 143) Security Card Reader- Structural Plan Check hourly, min 1/2 hr 213.86 222.16 53600 144) Fire Damage Repair, Structural - Plan Check hourly 213.86 222.16 51601 145) Certificate of Occupancy Inspection flat 55.17 57.31 51601 146) Temporary Certificate of Occupancy flat 454.22 482.23 53600 147) Revision - Structural Plan Check hourly, min 1/2 hr 213.86 222.16 53601 148) Revision - EMP Plan Check hourly, min 1/2 hr 213.86 222.16 53602 53603 51601 149) Special Inspection hourly 154.26 160.25 51602 51601 150) Relocation Inspections Main building orstructure Each 469.65 487.88 Accessory structure Each 93.17 96.78 Inspection for structures located outside of the City Per Mile 0.92 0.95 Travel time PerHour 93.17 96.78 75A-2-46 36 RESOLUTION 2018-X)OC REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY 53600 151) Misc. Non-resid. Structures: 200 sf Patio Cover - Structural Plan Check 51601 152) Misc. Non Resid. Structures: 200 sf Patio Cover -Structural Insp 51602 153) Misc. Non Resid. Structures: 200 sf Patio Cover - EMP Insp 51603 51604 57600 154) Accelerated Plan Check Fee 51601 155) Appeals The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 156) Cha nge of incorrect a ddress 51601 157) Change of owner or contractor 51601 158) Flood plain constru ction standards varla nces 51601 159) Expedited copy request 51601 160) Pena Ity Fees in addition to investiagation fee and permit fee 51602 51603 51611 51604 51606 51601 161) Violation/investigation Fees 51602 51603 51611 51604 51606 53513 162) OCFA Administrative Processing Fee 51601 163) Microfilm Records 51630 Fireworks Stand Inspections 3.88%. PROPOSED FY 17-18 FY 28-19 UNIT FEES FEES sq. ft. 0.41 0.43 sq. ft. 0.37 0.39 see individual see individual item Item schedule schedule hourly 137.07 142.38 Each 1,303.38 1353.95 Each Project 63.64 66.11 Each Project 63.64 66.11 Each 281.36 292.27 Per Hour 63.64 66.11 flat 234.08 243.16 Per Hour 93.17 96.78 Each 15.00 15.00 Each Sheet 3.62 3.76 Per Booth 29.00 30.12 75A-2-47 37 RESOLUTION 2018.XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 164) Refunds 44.54 46.27 Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been Issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by th e applicant prior to the plan check, refunds of plan check fees may be made to the permittee In an a mount equa I to 10091 of the plan check fee in excess of $46.27 paid. I n no other case may a my plan check fees be refu nded. Waiver of Fee No permit or plan check fees required by this resolution wil I be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. Note: The volume for Plan Check activity has been reduced to reflect thefact that contract services and overtime are used to complete a portion of activity. ')Not oil re -roofing activities require plan check. Material and current structure design willbe the decidingfoctor. This service will be charged an initial deposit and then charged by hourly tote. These services were reallocated acrossfee areas as on overhead. Up to 10 rocks. Each additional rack will be charged at $11.91 each. 11.46 11.91 *'Hourly rates will be charged ofter the minimum is met, If required. o This revenue is earmarkedfor the General Plan Update and is not included in new revenue figures. Allplan check services reflect an initialpfus two rechecks. Additional reviews will be charged on on hourly basis. Any unique plan check or inspection that does not match a service category will be charged on on hourly basis. 75A-2-48 38 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECrION IX PLANNING & BUILDING AGENCY Electrical Fees 51603 165) Permit Issuance 52.98 55.04 S1603 166) Minimum Fee (Nonresidential) 70.64 73.38 53601 167) Electrical Plan Check Fee (when required) 65% of Subtotal 65% of Subtotal 51603 168) 125 Volt Receptacle Outlets 1.40 1.45 51603 169) Ught Switches, Occupancy Sensors 1.52 1.58 51603 170) Light Fixtures 1.01 1.05 51603 171) Air Conditioners, Heat Pumps 93.28 96.90 51603 172) Factory -Wired Units (Solid Hook -Ups) 23.87 24.79 51603 173) Dedicated Circuits (15 or 20 AMP Receptacles) 23.87 24.79 51603 174) Time Clock, Photo -Cell, Time Switch 11.65 12.10 51603 175) Track -Light, Cable Tray, Special Raceway, Plugmold, 23.87 24.79 Under-FlaDr Duct, Plug-in Busways, Wiremold, Etc. Each 100 ft. Service Meter, Reset Meter, Subpanel, Switchboard, Motor or fraction thereof Control Center, Transfer Switch, Buscluct, or other Distribution Equipment changes or modifications. 51603 176) Under 400 amperes 51.29 53.28 51603 177) 4DO amperes to 1199 amperes 139.86 145.28 51603 178) 1200 amperes and over 233.03 242.07 Motor, Transformer, Welder, Industrial Equipment, Oven, Rectifier, Generator, Su rge Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment. 51603 179) 0to1HPkWorkVA 3.43 3.56 51603 180) Over1to10HP,kW`orkVA 22.42 23.29 75A-2-49 39 RESOLUTION 20184M 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCIELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 181) Over 10 to 50 HP, kW or kVA 44.48 46.21 51603 182) Over 50 to 100 HP, kW or kVA 101.03 104.95 51603 183) Over 100 to 500 HP, kW or kVA 145.16 150.79 51603 184) Over 500 HP, kW or kVA 181.32 188.36 Low Voltage: phone, data outlet, speaker, thermostat, door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. Commercial: 51603 185) FIRSr 10 devices or outlets 32.61 33.88 51603 186) Additional Devices 3.08 3.20 51603 187) Each control panel, power supply annunciator, switch or auxiliary equipment 15.53 16.14 Residential: 51603 188) Single Dwelling Unit 35.35 36.72 51603 189) Each Additional dwelling unit (2 - 20) 31.10 32.30 51603 190) Each additional Unit (Over 20) 18.98 19.72 Miscellaneous: 51603 191) Light Standard (Pole) with one fixture 23.88 24.80 51603 192) Additional Fixtures - Same Pole 51603 193) Power Pole (Temporary) 99.22 103.07 51603 194) Additional Distribution Poles 23.88 24.80 51603 195) Swimming Pool, Spa, Fountain 116.S7 121.09 51603 196) Above Ground Spa 50.37 52.32 51603 197) Demolition 46.65 48.46 51603 198) Signs & Neom/LED Decorative Lighting 72.33 75.13 (refundable bond) 75A-2-50 40 RESOLUTION 2018-X)DI 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY New orTotal Rewire for Single Family Dwellings: 51603 199) SFD (per square foot) sq. ft. 0.14 0.14 51603 200) Garage (per square foot) sq. ft. 0.14 0.14 51603 201) Temporary Electrical Service, Prior to approval or Each Meter 234.98 244.09 Occupancy (30 Days) At the time of application for temporary power, the owner s hall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This depositshall be released upon request afterthe Certificate of Completion or Certificate of Occupancy is issued. Mechanical Fees 51604 202) Permit Issuance Fee 52.98 55.04 S1604 203) Minimum Fee (Nonresidential) 70.64 73.38 53603 204) Stand Alone Mechanical Plan Check 6591 of Subtotal 65% of Subtotal Furnace including ducts & vents (each) 51604 205) Up to 100,000 BTU 63.14 65.59 51604 206) Over 100,000 BTU 90.08 93.58 51604 207) Furnace/Compressor Combo (Residential) 122.16 126.90 Each Compressor, Boller or Heat Pump (packaged or split system) 51604 208) Up to 5 HP 86.82 90.19 51604 209) Over 5 to 30 HP 103.82 107.85 51604 210) Over 30 to 50 HP 129.79 134.82 51604 211) Over 50 HP 139.86 145.28 51604 212) VAV Box up to 2,000 CFM 42.85 44.51 51604 213) VAV Box Over 2,000 CFM 63.12 65.57 51604 214) Air Handling Unit Up to 2,000 CFM 42.85 44.51 S1604 215) Air Handling Unit Over 2,000 CFM 63.12 65.57 75A-2-51 41 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Miscellaneous 51604 216) Outdoor Dual Package Heating/Cooling 109.01 113.24 51604 217) Wall Heater 63.12 65.57 51604 218) Unit Heater 62.47 64.90 51604 219) Suspended Heater SS.96 58.23 51604 22D) Decorative Fireplace (Wood or Gas) 55.96 58.13 51604 221) Clotho Dryer (Residential) 38.83 40.34 51604 222) Clotho Dryer (Commercial) 52.46 54.49 51604 223) Any Alteration, Repair or Addition to a Ventilation System (per system unit) 41.99 43.62 51604 224) Vent System (Not part of an HVAC System) 59.10 61.39 51604 225) Type I hood with Duct & Fan 109.01 113.24 51604 226) Type 11 hood with Duct & Fan 63.12 65.57 51604 227) Environmental Air Fan (Residential or Commercial) 33.89 35.21 51604 228) Laundry Fan (Environmental air) 33.54 34.84 51604 229) Bathroom/Restroom Fan 29.38 30.52 51604 230) Range Hood (Residential) 31.10 32.30 51604 231) Commercial Vent Fan 41.99 43.62 51604 232) Fan Coil 54.67 56.80 51604 233 Evaporative Cooler 63.12 65.57 51604 234) Gas Piping (incidental) 21.54 22.38 51604 235) Fire Damper 63.12 65.57 51604 236) Install/Repair/Replace, Appliance Vent 63.12 65.57 51604 237) Product Conveying System (Flammable Vapors, Fumes, Smoke, Heat) 181.32 188.36 51604 238) Dust Collection System 181.32 188.36 51604 239) Appliance Not Listed 63.12 65�57 75A-2-52 42 RESOLUTION 2018-X)D( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOLIS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 240) System Not Listed (Halon, Smoke Evac, Crematory, Etc) 181.32 188.36 Absorption System 51604 241) Up to 1,000,000 BTU 75.35 78.28 51604 242) 1,000,001 to 1,750,ODO BTU 107.14 111.29 51604 243) 1,750,001 and over 181.32 188.36 51604 244) Commercial Looking Equipment (Ovens/Fryers/Etc) 41.23 42.83 51604 24S) Condensate Pump 30.80 31.99 51604 246) Kiln QOcublc feet (includes hood and duct) 63.58 66.05 51604 247) Air Compressor (each includes piping) 63.58 66.05 51604 248) CoolingTower 63.S8 66.05 51604 249) Heat Exchanger 58.28 60.54 51604 250) Electrostatic Precipitator 37.63 39.08 S1604 2S1) Vacuum Cleaner System (Residential) 63.58 66.05 51604 252) Humidifier 37.68 39.14 51604 253) Duct Heater 63.58 66.05 51604 254) Wood Sawdust System 136.61 141.91 51604 255) 1 ncinerator (Residentia 1) 42.38 44.03 51604 256) 1 ncmerator (Co mmencia 1) 181.32 188.36 Plumbing Fees 51602 257) Permit issuance Fee 52.93 55.04 51602 258) Minimum Fee (Nonresidential) 70.64 73.38 53602 259) Stand Alone Plumbing Plan Check Fee 6S% of Subtotal 65% of Subtotal 75A-2-53 43 hLbULU I I UN ZU1H-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/IVISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Fixtures: 51602 260) WaterCloset 13.69 14.22 51602 261) Urinal 10.47 10.87 51602 262) Tub/Shower 21.42 22.25 51602 263) WhirlpoolTub 21.42 22.25 51602 264) Sinks 12.23 12.70 51602 265) Clothes Washer 13.45 13.97 51602 266) Dishwasher 11.52 11.97 S1602 267) Garbage Disposal 10.26 10.66 51602 268) FloorSink 15.53 16.14 51602 269) Floor Drain 25.53 16.14 51602 270) Drinking Fountain 8.62 8.95 51602 271) Cap Fixture 6.69 6.95 Sewer: 51602 272) New Sewer (First 100 Feet) 62.18 64.60 51602 273) Additional Sewer Connection 21.42 22.25 51602 274) Each Additional 100 Feet of Sewer 21.42 22.25 51602 275) Repair/Alter Sewer 42.85 44.51 51602 276) Private Sewage Disposal System 129.79 134.82 51602 277) Cesspool 63.12 65.57 51602 279) CapSewer 96.18 99.92 Gay. 51602 279) New Gas System (I - 4 outlets) 42.85 44.51 51602 280) Additional Gas Outlet (each) 6.80 7.06 51602 281) Extend/After Gas System 63.12 65.57 75A-2-54 44 RESOLUTION 2018-)CO( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 282) Repair Gas Piping 42.85 44.51 S1602 283) Cap Gas Outlet BAS 8.47 Swimming Pools: 51602 284) PoolTrap 21.42 22.25 51602 285) Pool Heater 69.94 72.65 51602 286) Pool Piping 42.85 44.51 Miscellaneous: 51602 287) Water Heater (Residential up to 50 gallons) 21.42 22.25 51602 288) Water Heater (Commercial up to 50 gallons) 21.42 22.25 51602 289) Water Heater (Res/Comm over 50 gallons) 87.87 91.28 51602 290) Water Heater (Tankless) 63.12 65.57 51602 291) Water Service (each 100 feet) 42.8S 44.51 51602 292) Water Piping (each 100 feet) 42.85 44.51 51602 293) Repipe (Residential - Each 100 Feet) 42.85 44.51 51602 294) Primary/Secondary Roof Drain (per set) 42.85 44.51 51602 295) Deck/Area Drain 9.26 9.62 51602 296) RainwaterSystem 42.8S 44.51 51602 297) Rainwater Piping (buried) 20.85 21.66 51602 298) Storm Drains 27.54 28.61 S1602 299) Water Softener (Residential) 21.42 22.2S 51602 300) Water Softener (Commercial) 42.85 44.51 51602 301) Lawn Sprinkler (Each) 9.78 10.16 51602 302) Backflow Preventer (Less than 2 inches) 21.42 22.25 51602 303) Backflow Preventer (2 in ches and bigger) 42.85 44.51 75A-2-55 45 RESOLUTION 2018-X)O( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 304) Vacuum Breakers (1 to 5) 19.57 20.33 51602 305) Vacuum Breakers (Over 5 — each) 5.59 5.81 51602 306) Hose Bib with Vacuu m Breaker 14.89 15.47 51602 307) Grease/Waste Interceptor 36.15 37.56 51602 308) Dental Unit 31.10 32.30 51602 309) Medical Gas Piping (Fire Department) 42.8S 44.51 51602 310) Alteration to Drain or Vent Piping 42.13S 44.51 51602 311) Appliance not listed 63.12 65.57 51602 312) Sewage Elector 63.12 65.57 S1602 313) Sump Pump 63.12 65.57 S1602 314) Hot Water Storage Tank 29.33 30.47 51602 315) Heat Exchanger 55.49 57.64 51602 316) CoolingTower 63.12 65.57 51602 317) Booster Pumps 34.18 35.51 51602 318) Firellne/Hydrant (Each 100 Feet) 42.85 44.51 75A-2-56 46 RESOLUTION 2018-X)D( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 319) Temporary Gas Meter, Prior to approval Each Meter 234.98 244.09 Or Occpancy (30 Days) Atthetime of application for temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 fo r each service meter. This deposit shall be released upon requ est after the Certificate of Completion or Certificate of Occupancy is issued. GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of initial application or request for the permit or service for which a fee Is charged or imposed. No permit shall be issued to any person, firm or corporation unless a 11 fees therefc, re have been paid in fu [I. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be cha riled for public improvement projects performed by construction contractors and subcontractors pursu ant to co ntract with the City of Santa Ana or the Community Redevelopment Agency of the City of Sa ma Ana nor for any work performed by employees of the City in th e course of their employment. However, this fee waiver does not exempt any pa rty from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division 75A-2-57 47 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 Fy 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan Is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100% of the plan check fee in excess of $46.27 paid. In no other case may any plan check fees be refunded. S1601 SPECIAL INVESTIGATION FEE 51602 51603 A special investigation fee shall be charged bythe Building 51611 Official for any investigation of a building structural work, 51604 reports, certification, orany other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficlertto reimburse the City forthe costs actually incurred by the City based upon a rate of $96,78 per hour but In no case s hall be less than $96.78. 51601 VIOLATION/INVESTIGATION FEES S1602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 investigation may be required before a permit will be issued 51606 for such work. An Investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of 96.78-per hour but in no case less than $96.78 shall be collected. 51601 PENALTY FEES 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty in an amount equal to the amount of the total permit 51604 fee shall be required, but in no case less than $243.16. 51606 44.54 46.27 93.17 96.78 93.17 234.08 96.78 243.16 75A-2-58 M RESOLUTION 2018-XXX 3.885% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 EXPEDITED COPY REQUEST Per Hour 63.64 66.11 Sises APPR9VA1, PER BUSINESS Eetk 90.6� 9 449 Whene e a BUS! ieSS HEe i5e TOM OPPNE81iSR FeEidifefi- app a - a! of a Busi iess Ge tifieete eF Geempa ie, eaeli applieetie 1 shall be Bees lipaRled h) the pal ffle"k B" is ifefu idable applieet en pi eeessine fee BF $36.88 and aR inspeetlen fee af 697A! %% hieh skall be FeNneled4 e 1 isiseetie 4 Pfe es to be d 4 4eeessapy. -Refer to Summary of New, Modified & Deleted Fees 51601 DEMOLITION PERMIT 93.16 96.78 The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of $96.78. 098001001- When a building Is demolished, the owner sha 11 provide the 24015 City with a cash or su rety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. For the purpose of lot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but In no case shall the bond be less than $1,000 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. S1601 FLOODPLAIN CONSTRUCTION STANDARDS VARIANCES Each 281.36 292.28 75A-2-59 49 RESOLUTION 2018-)= 3.88Y. PROPOSED REVENUE FY 17-19 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECIION IX PLANNING & BUILDING AGENCY 51601 APPEALS Each 1,303.38 1353.95 The fee for an appeal of a ruling of the Building Off clal to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 RELOCATION INSPECrIONS The fee foran inspection on a building orstructure, as required for IN proposed relocation. Main building orstructure Each 469.65 487.88 Accessory structure Each 93.16 96.78 Inspection for structures located outside of the City Per Mile 0.92 0.9S Travel time PerHour 93.16 96.78 53600 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Off clal at the time of submitting plans forchecking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building a rea, or fractio n thereof, up to 4,000 square feet, a nd $ 11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject: to the disabled accessibility requirements of Title 24, Califomia Code of Regulations, a surcharge of 10% of the basic plan check fee shall be required. 51601 OSHPD CERTIFICATION FEE 53600 Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development (OSHPD-3 certification), a building permit fee will be paid to the Building Official equivalent to 1% of the construction valuation. An additiona I plan check fee equivalent to .65% of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 75A-2-60 50 RESOLUTION 2018-)00( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANECUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 MICROFILM RECORDS Each Sheet 3.61 3.75 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS/MODIFICATIONS) 53602 53601 Whenever the Building Official is requested to approve Each 281.36 292.28 53603 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Off icial is requested to approve a Each 281.36 292.28 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 53600 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering pla n check services for stru courts requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 93.16 96.78 Inspection The fee for registration of special Inspectors In accordance Specialty with Section 8-100 of the Sa nta Ana Municipal Code. 75A-2-61 51 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENnAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 CHANGE INCORRECT ADDRESS Each Project 63.64 66.11 51601 CHANGE OWNER OR CONTRACTOR Each Project 63.64 66.11 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cas h or surety bond as described In Sections 8-1769, 8-1770 and 8-1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 for each Notice of Violation or Notice a nd Order. 57600 ACCELERATED PLAN CHECK FEE Per Hou r 137.06 142.38 A ELD PLAN CHECK FEE Minimum Fee Per Hour 93.16 96.78 53600 PRELIMINARY REVIEW OF BUILDING Minimum Fee Per Hour 93.16 96.78 STANDARDS COMPLIANCE 09801001- SIGNS 24015 When a permit is required for an illuminated or non -illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 per address. 75A-2-62 52 RESOLUTION 2018-XXX 3.88%. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 TEMPORARY CERTIFICATE OF OCCUPANCY Each Projea 464.22 482.23 SPECIFIC CODE FEES AND CHARGES 51601 BUILDINGCODE Any person desiring a permit required by the Building Code Each Permit 44.54 46.27 shall, at the time of filing an application fee of $46.27 The determination of total valuation shall be made by the Building Official. Thevalue to be used shall be the total value of all construction work for which the permit is issued using the build ing va UatIDn data based upon in the most recent edition of Building Safety Journal published by the International Code Council. The value of work performed as a remodel and other valuations not published by the International Code Council shall be determined by the Building Official. 51601 PARKING LOT RESURFACING AND/OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION Excavation and backfill related to soil contamination fee shall be based upon valuation. 75A-2-63 53 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-28 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE $1.00 TO $50 $25.41 24.46 25.41 $501.00 TO $2,000 $25.41 for the first $50 plus $3.32 24.46 25.41 for each add itional $10 or fraction thereof, to and Including $2,000 $2,001.00 TO $25,000 $84.38 for the first $2,000 plus $10.73 81.23 84.38 - for each additional $1,000 or fraction thereof, to and Including $25,000 $25,001.00 TO $50,000 $376.53 for the fi rst $25,00 plus $7.72 362.47 376.53 for each additional $1,000 or fractio n thereof, to a nd including $50,000 $50,001.00 TO $10,000 $604.87 for the first $50,000 plus 582.28 604.87 $5.52 for each additiona I S 1,000 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000 $93 1.51 for the first $ 100,00 plus 896.71 931.51 $4.19 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,001.00 TO $ 1,000,000 $2,915.49 for the first $SOO,000 plus 2,806.60 2915.49 $3.68 fu r each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 AND UP $5,093.04 for the first $1,000,000 4,902.81 5093.04 plus $2.25 for each additional $1,000 or fraction thereof. 75A-2-64 54 RESOLUTION 2018-M 3.885% PROPOSED REVENUE FY 17-18 FY 19-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 1) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour 93.17 96.78 51601 2) Re -Inspection fee assessed under applicable provisions of the Building Code PerHour 93.17 96.78 51601 3) Inspections forwhich no fee is specifically Indicated (minimum charge- one (1) hour) Per Hour 93.17 96.78 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1) hr.) Per Hour 93.17 96.78 51603 ELECIFRICALCODE Any person desiring a permit required by the Electrical Code Each Permit 44.54 46.27 shall, at the time of filing an application , pay a fee of $46.27. There Is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum fee for issuance of a permit for all other uses shall be $75.61. 72.79 75.61 FEE SCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $38.65 per Per 37.21 38.65 service meter s hall only include receptacle, switch a nd lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or cairports shall only include receptacle, switch and lighting outlets. All other fees shall a pply. 51603 2) Receptacles, outlets, light fixtu res and genera I use switches, Each 1.17 1.21 each 51603 3) Each air conditioner Each 49.78 51.71 51603 4) Each self-contained factory wired approved unit, such as Each 12.29 12.76 home applia nces, heaters, vegeta ble cases, drinki ng fountain, heating appliances, multiple outlet assemblies, etc. S1603 5) Busways, specia I ra ceways, under floor du cts, trol ley or Each 100' 12.29 12.76 plug-in busways each one hundred (100) feetorfraction thereof 75A-2-65 55 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0 - 10 total devices Each 26.20 27.22 10 or mom total devices 2.12 2.20 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 12.29 12.76 Residential (charge by number of dwelling units): Residential unit (1) 26.79 27.83 Each add'[ residential unit in a multiple -dwelling occupancy Each 16.07 16.69 Each add'l residential unit over 20 in a hotel, motel, boarding house or lodge Each 9.72 10.10 51603 7) Dedicated circuit Each 12.29 12.76 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or similar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 37.21 38.65 599 volts or less, 400 amps and less than 1200 amps. Each Meter 93.17 96.78 598 volts or less, 1200 amps and over. Each Meter 187.37 194.64 51603 9) Signs and high -potential gas tube lighting, each Each 37.21 38.65 Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each Each 82.28 85.47 51603 11) 'Above ground spas Each 26.49 27.52 51603 12) Temporary power- construction: For services supplying a temporary power pole, Each 64.69 67.20 pedestal or piggyback For a system of distribution and utilization of poles Each Pole 12.29 12.76 fortemporary construction power, each pole 51603 13) Temporary construction lighting: 500 lamps or less 5.54 5.75 Over 500 lamps 9.66 10.04 75A-2-66 56 RESOLUTION 2018-)OCK 3.88% PROPOSED REVENUE FY 17-18 Fy 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 14) Temporary services; At the time of application for temporary power, the owner shall post a $1,000 cash or cashler`5 check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is Issued. Temporary Electrical Service, Prior to Approval Each Meter 234.98 244.09 Or Occupancy (30 Days) Temporary work with service, each meter Each Meter 32.72 33.99 51603 15) Lighting standards: With one (1) fixture each Each 12.29 12.76 Each additional fixture on the same standard Each 3.55 3.69 51603 16) rime clock or photo electric cell, each Each 9.66 20.04 51603 17) Radiant ceiling heat per room Per Room 12.29 12.76 51603 18) Power apparatus: generatom,moton,transformem, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) Up to and including I HP, KW, KVA each Each 5.01 5.20 Over I and not over 10 HP, KW, KVA each Each 12.93 13.43 Over 10 and not over 50 HP, KW, KVA each Each 26.20 27.22 Over 50 and not over 100 HP, KW, KVA each Each 56.13 59.31 Over 100 and not over 500 HP, KW, KVA each Each 74.77 77.67 Over 500 HP, KW, KVA each Each 93.17 96.78 51603 19) Demolition, per project Per Project 36.28 37.69 51603 20) Inspections outside of normal business hours (four hour Per Hour 93.17 96.78 minimum charge for Holidays, Saturday or Sunday inspections) 75A-2-67 57 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51603 21) Re -inspection fee assessed under applicable provisions PerHour 93.17 96.78 of the Building Code 51603 22) Inspections for which no fee is specifically Per Hour 93.17 96.78 indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour 93.17 96.78 revisions to approved plans (minimum charge - one (1) hour) ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 51604 MECHANICALCODE Any person desiring a permit required by the Mechanical Each Permit 44.54 46.27 Code shall, at the time offiling an application, pay a fee of $46.27. There is no minimum fee for the issuance of a permit forsingle family residences and duplexes The minimum total fee for issuance of a permit for all other uses shall be $75.61. 72.79 75.61 FEE SCHEDULE 51604 1) For the installation or relocation of each forced -air or Each 32.50 33.76 gravltV-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,ODO BTU/h 51604 2) For the installation or relocation of each forced -air Each 46.41 48.21 or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/h 51604 3) For the installation or relocation of each boiler, compressor, Each 56.13 58.31 condensing unit or heat pump up to and including five horsepower, or each absorption system to and including 100,ODO BTU/h 51604 4) For the installation or relocation of each boiler, Each 56.13 58.31 compressor, condensing unit or heat pump over five horsepower u p to and including 30 horsepower or for each absorption system over 100,000 BTU/h up to a nd Inclu ding 1,000,000 BTU/h 75A-2-68 58 RESOLUTION 2018-X)OC 3.88Y. PROPOSED REVENUE FY 17-13 FY 18-19 ACCOUNT DEPARTMENTAMISCE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 5) Forthe installation, relocation of each boiler, compressor, Each 68.13 70.78 condensing unit or heat pump over 29 horsepower up to and including 50 horsepowerorfor each absorption system over 1,000,000 BTU/h up to and including 1,750,000 BTU/h 51604 6) For the installation or relocation of each boiler, compressor, Each 93.17 96.78 condensing unit or heat pump over49 horsepower, or each absorption system over 1,750,000 BTU/h 51604 7) For each VAV control box or air handling Each 22.06 22.92 unit to and including 2,000 cubic feet per minute, including ducts attached thereto 51604 8) For each VAV or air -handling unit over 2,000 cfm Each 32.50 33.76 Note: This fee s hal I not apply to an air -handling unit which is a portion of a fa ctory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where In this code. 51604 9) Outdoor dual packaged heating and cooling Each 56.13 SB.31 51604 10) For the installation or relocation of each floor Each 32.50 33.76 furnace, including vent 51604 11) Fo r the insta Ration or relocation of each suspended Each 32.50 33.76 heater, recessed wal I heater or floor -mounted unit heater 51604 12) Decorative fireplace Each 32.50 33.76 51604 13) For the repair of, alteration of, or addition to each heating Each 22.06 22.92 appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Note: Each HVAC system served by a VAV control box is considered a separate system. 51604 14) For the installation of each Type I commercial Each 56.13 58.31 kitchen hood which is served by mechanical exhaust, including the ducts for each hood 51604 15) For the installation of each TypeR residential or Each 32.50 33.76 commercial kitchen hoods which isserved by mechanical exhaust, including the ducts for each hood 75A-2-69 59 RESOLUTION 2018-XXK 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENTIM15CELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 16) For each ventilation fan connected to a single duct Each 22.06 22.92 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other envifonmental air duct. 51604 17) Fan coil installation Each 37.21 38.65 51604 18) For each evaporative cooler other than portable type Each 32.50 33.76 51604 19) Incidental gas piping Each 22.06 22.92 51604 20) Fire damper installation, each Each 32.50 33.76 51604 21) Vent fan Each 32.50 33.76 51604 22) Approved fire extinguishing system Each 32.50 33.76 51604 23) For each appliance or piece of equipment regulated by this Each 32.50 33.76 code but not classed in other appliance categories, for which no other fee is listed in this code (a) Commercial gas -fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exha ust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (a) Cooling tower (f) Heat "changer (g) Exhaust fans forType I or 11 Commercial Kitchen Hoods. (h) Electrostatic precipitator. (1) Residential central vacuum cleaner system. 0) Clean -room filter bank (HEPA) (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each Each 32.50 33.76 appliance "vent" installed and not included In an appliance permit 75A-2-70 60 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 25) Each process piping system Each 93.17 96.78 51604 26) Foreach ventilation system which is not a portion of any Each 93.17 96.78 heating or air-conditioning system authorized by permit (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammable vapors; (2) Fumes (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic- Each 22.06 22.92 type incinerator (Shall have permit and approval from S.C.A.0,M.D.) 51604 28) For the installation or relocation of each commercial Each 93.17 96.78 or industrial -type incinerator (Shall have permit and approval from S.C.A.QM.D.) 51604 29) Inspections outside of normal business hours Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) Re-InspeCtiDn fee assessed under applicable provisions Per Hour 93.17 96.78 of the Building Code 51604 31) Inspections forwhich no fee is specifically Indicated Per Hour 93.17 96.78 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour 93.17 96.78 or revisions to approved plans (minimum charge - one (1) hour) MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permitfee and shall be paid atthe time of submitting plans. PLUMBINGCODE 51602 Any person desiring a permit required bythe Plumbing Code shall, Each Permit 44.54 46.27 at the time of filing an application, pay a fee of $46.27. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for Issuance of a permit for all other uses 72.79 75.61 shall be $75.61. 75A-2-71 61 RESOLUTION 2018.)ODC 3.88%. PROPOSED REVENUE FY 17-18 Fy 18-19 ACCOUNT DEPARTIVIENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY FEESCHEDULE 51602 1) For each plumbing fixture or trap or set of fixtures Each 11.00 11.43 on one trap (including water, drainage piping, and backflow protection therefore) 51602 2) For each dental unit Each 22.06 22.92 51602 3) Medical gas piping system per 100' Per 100' 22.06 22.92 51602 4) For each building sewer Each 32.50 33.76 (a) Each additional connection Each 11.00 11.43 (b) Each additional 100 feet orfraction thereof Each 11.00 11.43 (c) Sewer/alteration/repair Each 22.C6 22.92 51602 5) For each private sewage disposal system Each 67.49 7G.10 51602 6) For each cesspool (where permitted) Each 32.50 33.76 51602 7) For each sewer cap Each 93.17 96.78 51602 8) For each fixture cap Each 5.89 6.12 51602 9) For each new gas piping system (includes one to Each 22.06 22.92 four outlets) 51602 10) For each gas outlet of five or more Each 3.50 3.63 51602 11) For the repair/replacement of a gas piping system Each 22.06 22.92 (includes one to four outlets) 51602 12) For th e a Iteration/add ition to an existing gas system Each 32.50 33.76 (includes one to four outlets) 51602 13) For ea ch residential water heater and/o r vent Each 11.00 11.43 51602 14) For each commercial boiler or water heater Each 56.14 58.32 51602 15) For installation, alteration, or repa ir of water Each 22.06 22.92 piping, each 100' 51602 16) Rain water piping (buried), each 100' Each 14.22 14.77 51602 17) Rainwater systems - per drain (inside building) Each 22.06 22.92 51602 18) Roof drain system, per drain Each 22.06 22.92 75A-2-72 62 RESOLUTION 2018-X)D( 3.88Y. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMIENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 19) Deck drains, per drain Each 7.75 8.05 51602 20) For each lawn sprinkler system on any one meter, Each 14.22 14.77 Including backflow protection devices therefore (atmospheric type only) 51602 21) For atmospheric -type vacuum breakers not Included in Item 20: 0 to 5 11.00 11.43 Over 5, each 3.50 3.63 51602 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller 11.00 11.43 Over 2 inches 22.06 22.92 51602 23) Foreachipooltrap Each 11.00 11.43 51602 24) For each pool heater Each 56.13 58.31 51602 25) For each industrial waste pretreatment interceptor Each 18.65 19.37 including in trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each 11.00 11.43 51602 27) For each commercial water conditioner Each 22.06 22.92 51602 28) For repair a r a Iteration of drainage or vent piping, Each 22.06 22.92 each fixture 51602 29) For each appliance, fixture or piece of equipment regulated Each 32.50 33.76 by this code but not classed in other categories, for which no other fee Is listed in this code (a) Sewage Ejector (b) SumpPump (c) Hot Water Storage Tank (d) Heat Exchanger (e) CoolingTower (1) House Booster Pumps 51602 30) Temporary Gas Service, Prior to Approval Each Meter 234.98 244.09 Or Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,00 cash or casher's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normal business hours (4 hour Per Hour 93.17 96.78 75A-2-73 63 RESOLUTION 2018.XXX 3.88% PROPOSED REVENUE FY 17-19 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY minimum charge for Holidays, Saturday or Sunday inspections). 51602 32) Re -inspection fee assessed under applicable provisions Per Hour 93.17 96.78 of the Building Code 51602 33) Inspections for which no fee is specifically indicated PerHour 93.17 96.78 (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or Per Hour 93.17 96.78 revisions to approved plans (minimum charge -one (1) hour) PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee a nd s ha 11 be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required by the Building Each Permit 44.54 46.27 Code, shall, at the time of filing an application, pay a fee of $46.27. FEESCHEDULE 51606 1) Grading Permit: Minimum Per Hour 93.17 96.78 a. One and Two S.F.D. 1 Hour b. Multiple Residential including, Residential tracts, 2 Hours Apartments, Condominiums, Hotels, Motels, and Similar Construction c. Non -Residential Site Less Than 2 Acres 3 Hours d. Non -Residential Site 2 Acres and More 5 Hours e. Preliminary Grading Permit, Underground Tank 1 Hour Removal and Excavation forSoil Contamination f. Existing Parking Lot Resurfacing and Repainting 1 Hour 51606 2) In addition to the above noted permit fees, Minimum Sq. Ft. 0.04 0.05 a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving. 51606 3) Inspections outside of normal business hours Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday or Sunday Inspections). 51606 4) Re -inspection fee assessed under applicable Per Hour 93.17 96.78 75A-2-74 64 RESOLUTION 2018-)00( 3.88%. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECIJON IX PLANNING & BUILDING AGENCY provisions of the Building Code. 51606 5) Inspections for which no fee is specifically Per Hour 93.17 96.78 indicated (minimum charge - one (1) hour) SOLARENERGYCODE 51611 Any person desiring a permit required by the Solar Energy Each Permit 44.54 46.27 Code shall, atthetime of filing, pay an application, fee of $46.27. There � no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $75.61. 72.79 75.61 FEESCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m) 11.00 11.43 Between 1,001 (93.1m) and 2,000 sq. ft. (186m') 18.65 19.37 More than 2,000 sq. ft. (18m) 18.65 19.37 plus per 1,000 sq. ft. (93m') or fi-action 1.95 2.03 thereof over 2,000 sq. ft. (186m) 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m') 9.43 9.80 Between 751 (3ms) and 2,000 gallons 16.95 17.60 More than 2,000 (8m') gallons 16.95 17.60 plus per 1,000 (4m') or fraction thereof 1.95 2.03 over 2,000 gallons (8m') 51611 3) For rock storage: Up to 1,SCO cu. ft. (42m') 11.00 11.43 Between 1,501 (42.1m) and 3,000 cu. ft. (84m') 18.65 19.37 More than 3,000 cu. ft. (84M) 18.6S 19.37 75A-2-75 65 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY plus per 1,000 cu. ft. (28m') or Inaction 1.94 2.02 thereof over 3,000 cu. ft. (84m') 51611 4) Self-contained water heater (residential type) Each 11.00 11.43 51611 5) Water heater (commercial type) Each 56.14 58.32 51611 6) Heat exchanger Each 11.00 11.43 51611 7) Water piping replacement, each 100 feet Each 22.06 22.92 51611 8) Gas piping service, 1-5 outlets Each 22.06 22.92 51611 9) Backhow prevention device Each 11.00 11.43 51611 10) For each appliance or piece of equipment regulated Each 11.00 11.43 by this code for which no fee is listed 51611 11) Inspections outside of normal business hou rs Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday and Sunday Inspections) S1611 12) Re -inspection fee assessed under provisions of the Per Hour 93.17 96.78 Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour 93.17 96.78 (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes, Per Hour 93.17 96.78 additions, or revisions to approved plans (minimum charge - one (I)hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 75A-2-76 66 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-28 FY 18-19 ACCOUNT DEPARTMENT/MISCELLAN EOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 51001 Bingo License Fee Each 55.80 57.97 51401 Alarm User Permit Commercial & Residential Per Year 33.48 34.78 53413 False Alarm SeNices (Code 459) Burglary Calls Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 81.90 85.08 3rd Incident 109.21 113.44 4th Incident 136.51 141.80 5th Incident 163.81 170.17 6th Incident - fee & warning ofnon-response 218.41 226.89 7th Incident 327.62 340.33 Sth Incident - fee & placed on non -response status 436.83 453.77 53413 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 81.90 85.08 3rd Incident 136.51 141.80 4th Incident 191.11 198.53 Sth Incident 245.71 255.25 6th Incident - fee & warning ofnon-response 300.32 311.97 7th Incident 436.83 453.77 8th Incident - fee & placed on non -response status 546.03 567.22 53413 FalseAlarms (Code 211) Robbery Calls - Commercial Per Incident Ist Incident 109.21 113.44 2nd Incident 136.51 141.80 3rd Incident 191.11 198.53 4th Incident 245.71 255.25 5th Incident 300.32 311.97 5th Incident -fee & warning of non -response 354.92 368.69 7th Incident 436.83 453.77 8th Incident - fee & placed on non -response status 546.03 567.22 53419 Firearms Examination Service Fee - Outside Agencies Basic Function Exam - per firearm 39.06 40.58 Full Function Exam - per firearm 234.39 24147 Examination & Comparison 357.15 371.01 Examination & Comparison - Major Crime (up to 6 hours) 691.98 718.82 Hourly charge In excess of 6 hours - each additional hour 111.61 115.94 53409 Storage of Weapon Fee - per weapon 100.00 100.00 1-1-05 state low change (AB 2431, PC 12021.3):fee con be charged when anyweapon Is released to an owner or gun dealer 53404 Fingerprint Fee Per Card 25.67 26.67 Cityprocessingfee only Applicants exempted by low shall not pay. 99910002 Fingerprint Fee 57491 State processingfee Actual Cost Actual Cost For oliffingerprinting requiring State procezing, the applicable statefee will be added to the $25.57 Cityfee above. 53407 Citation Sign Off - Non-SAPD Equipment Violators Per Incident 16.74 17.39 75A-2-77 67 RESOLUTION 2018.)OCK 3.98% PROPOSED REVENUE FY 17A8 FY 18-19 ACCOUNT DEPARTIVENT/MISCELLANEOLIS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 53407 Vehicle Citation Sign Off - SAPID Per Citation 5.33 5.54 57470 Copy of Lon Citation Per Citation 2.13 2.22 57000 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $12,000 Up to $12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Pol ice Pu rsuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $12,000 Up to $12,000 Pursuant to Government Code Sec. 53150 et sec. 57000 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $12,000 Up to $12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 20-300 et seq. Up to $500 Up to $500 51607 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 256.70 266.66 Additional Truck Each 40.18 41.74 53419 License to Sell Pistols/Revolvers Per License 161.83 168.11 53416 Administration Citation Fee First Violation 111.61 115.94 Ailows Animal Service Officers the right to cite for State and Second Violation 223.22 231.88 Local Animal Law Violations Third Violation 558.04 579.70 53405 Police Evidence Photos to CD/DVD Per set-up Each 20.00 20.00 53405 Digital Media Reproduction Each 27.90 28.98 53405 Police Evidence Tape (audio or video tape) Each 40.18 41.74 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case #) Each 10.00 10.00 53417 Police Immigraflon/Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for Information Form Each- 20.00 .20 cents per page 'Reports in excess of 20 pages PerPage 1.00 .20 cents per page 53403 Search fee (no case #) 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request 20.00 FREE 53411 Jail Pay to Stay Program fee Per Request 110.00 110.00 53420 Jail Booking Fee Per Conviction 239.96 249.27 57401 Police Security Services Commander PerHour 86.51 89.87 Sergeant Per Hour 108.26 112.46 Police Officers PerHour 90.33 93.83 PCO/PSO/Reserve Per Hour 49.39 50,27 75A-2-78 68 RESOLUTION 2018-X)DC 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 53410 Impound of Owner Release Animals Per Impound" 115.18 119.65 (includes 2 nights boarding charge) --County of0rongefee, subject to change. 51607 Pushcart Permits Vendor/Operator Permit-1cart Each- 256.70 266.66 -Additional Carts/Operators Each 40.18 41.74 53400 Release of Impounded Vehicles-SAPD/Traffic Vehicle Registration Expired Over 6 Months Each 149.31 155.10 Unlicensed/Suspencled-Revoked Drivers Each 202.63 210.49 53423 Vehicle Storage Fee Each 75.00 77.91 57402 Solicitation Permit Per Permit 40.18 41.74 Vehicle for Hire (Taxi) Fees Driver's Permits Each 39.06 40.58 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 161.83 168.11 Vehide for Permit Transfer Each 6.70 6.96 57402 ReInspection Fee -Plan Checks/Not Completed Minimum- 45.76 47.54 -$45.76m!nimum or hourly employee tote. Fee to be charged when inspection is calledfor work not complete or corrections calledfor are not made. Second Hand Dealer Fee Each 79.24 82.32 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 87.04 90.42 Proof of Correction Each 10.00 10.39 51402 Street Closure Permit Per Permit 156.25 162.32 Accelerated Processing Fee Per Permit, Additional 156.25 162.32 57010 Downtown Event Utter Control Deposit Per event, up to 3 blocks 546.03 567.22 53613 Land Use Cenificate Processing Fee for temporary outdoor event Per Permit 34�60 35.94 Accelerated Processing Fee Per Permit 74.78 77.69 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 806.93 838.24 Introduction Service Permit Each 806.93 838.24 Escort Permit Each 172.99 179.71 75A-2-79 69 RESOLUTION 2018-)O(X 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 50045 Massage Establishment/Massage Technician Fees: Program admialsteredby Police Department Massage Establishment Permits Each 806.93 838.24 Massage Technician Permits Each 334.83 347.82 Massage Technician Testing Fee Each 167.41 173.91 Massage Technician TranSfer/DUplicate Each 39.06 40.58 Massage Establishment Sale Transfer Each 806.93 838.24 Massage Establishment Change of Location or Name Each 290.18 301.44 NOTE.- Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 51403 Tobacco License Fee Each 693.46 720.37 50045 Pool/Billiard Permit Fee Each 348.22 361.73 Program administered by Police Department 57402 Police Training Media Reproduction Per Media 51.34 S3.33 55000 Parking Violation: Late fee Violationswith a 'base' (original) 50% of base fine. 509% of base fine. fineof$100 or ess:(Rouncled Total delinquent Total delinquent up to the next whole dollar) fine is 150% fine is 150% of base fine. of base fine. Violations with a'base' (original) 20% of base fine. 20% of base fine. fine of $100 or more:(Rounded Total delinquent Total delinquent up to the nexi:whole dollar) fine is 120% fine is 120% of base fine. of base fine. Additional late charges will be Imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with ii'base'(original) 90% of base fine. 90% of base fine. fine of $100 or less: (Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 190% fine is 190% of base fine. of base fine. Violations with a'base'(original) 40% of base fine. 40% of base fine. fine of $100 or more: (Rou ruled Total delinquent Total delinquent up to the next whole dollar) fine is 140% fine is 140% apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) Each 56.00 58.00 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36-493 (a) Each 47.00 48.00 55000 Parking in a red zone Pursuant to SAMC Sec. 36-131(l) Each 64.00 66.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 47.00 48.00 55000 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 47.00 48.00 55000 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 47.00 48.00 70 75A-2-80 RESOLUTION 2018-)O(X 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTIM ENT/M ISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55DOO Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 111.1)) 115.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a "No Parking" zone Pursuant to SAMIC Sec. 36-132 Each 68.00 70.00 55000 No parking -street sweeping Pursuant to SAMC Sec. 36-133 Each 63.00 64.00 55000 Parking In violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 68.00 70.00 55000 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 55.00 57.00 55000 Stopping, standing or parki ng a vehicle w/i n parkway Pursuant to SAMC Sec. 36-135(b) Each 55Z0 57.00 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 55.00 57.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 63.00 65.00 SSDOO Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 63.00 65.00 55GOO Parking on left side of on e-way roadway Pursuant to SAMC Sec. 36-136(d) Each 39.00 40.00 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 47.00 48.00 55000 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36-139 Each 47.00 49.00 55000 Parking in restricted areas. Ti m e limit pard ng Pursua nt to SAMC Sec. 36-142 Each 47.00 48.00 55000 Overnight parking prohibited In certai n areas Pursuant to SAMC Sec. 36-144 Each 39.00 40.00 55000 Parking any commercial vehicle over 10,000 lbs. In a residential district for a period of time longer than two(2) hou rs prohibited Pursuant to SAMC Sec. 36-145 Each 78.00 81.00 55000 Parking on City property Pursuant to SAM C Sec. 36-147 Each 39.00 40.00 55000 Parking on property of Joint Powers Agency -city is member Pursuant to SAMC Sec. 36-147.1 Each 39.00 40.00 75A-2-81 71 RESOLUTION 2018)OCK 3.89% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec, 36-402(1) Each 40.00 41.00 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 56.00 59.00 55000 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 56.00 58.00 55000 Pa rk a ny vehicle with trailer, etc., restricting traffic Pursua nt to SAM C Sec. 36-432(4) Each 68.00 70.00 SSDCO Red no parking areas -striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 56.00 58.00 55000 Parking outside/across designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 47.00 48.00 55000 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 47.00 48.00 55000 Use metered spaces wh en meter indicates u nlawful park] ng Pu rsua nt to SAM C Sec. 36-432(11) Each 40.00 41.00 55000 Park any truck in excess of 2 tons In parking lot Pursuant to SAMC Sec. 36-432(12) Each 56.00 58.00 55000 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 85.00 88.00 SS000 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 47.00 48.00 55000 Parking within an intersection Pursuant to CVC Sec. 22500(a) Each 54.00 56.00 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500b) Each 54.00 56.00 55000 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) Each 54.00 56.00 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) Each 54.00 56.00 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(o Each 54.00 56.00 75A-2-82 72 RESOLUTION 2018-)OCK 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) Each 54.00 56.00 55000 Double Parking Pursuant to CVC Sec. 22500(h) Each 54.00 56.00 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) Each 54.00 56.00 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) Each 54.00 56.00 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) Each 54.CO 56.00 55000 Parked within 15 feet of fire hydrant Pursuantto CVC Sec. 22514 Each 54.00 56.00 55000 Unattended vehicle, stop motor and set breaks Pursuantto CVC Sec. 22515(a) Each moo 62.00 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) Each 376.00 390.00 55000 Obstruct, block, or otherwise bar access to a parkingspace designated for disabled persons Pursuant to CVC Sec. 22507.8(b) Each 376.00 390.00 55DOO Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 376.00 390.00 55000 Entering an Intersection, Rail -crossing or crosswalk Pursuant to CVC Sec. 22526 Each 171.00 177.00 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 52G4 Each 108.00 112.00 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 Each 108.00 122.00 55000 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500. 1 Each 119.00 123.00 55000 Parking In Front of a Driveway Pursuant to CVC Sec. 22500 (e) Each 54.00 56.00 55DOO Parking vehiclefor sole - Ist violation See Planning & Building section of Pursuant to 5AMCSec. 41-1301(a) Misc. Fee Schedule 75A-2-83 73 RESOLUTION 2018-)DOK 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking vehicleforsole - 2nd conviction wlin year See Planning & Building section of Misc. Fee Schedule Pursuant to SAMC5ec. 41-1301(c) 55000 Parking vehicleforsole - 3rd conviction w1m year See Planning & Building section of Misc Fee Schedule Pursuant to SAMCSec. 41-1301(o) Program administered by Police Department 53319 Park Ranger/Security PerHour 61.16 63.54 55000 Occupied Motor Home Each 35.00 36.00 Pursuant to SAMC Sec. 10.89 55000 Park Hours Each 95.00 98.00 Pursuant to SAMC 31-2.9 55000 Parked on Park Property Each 37.00 38.00 Pursuant to SAMC 31-2.16c 55DOO Exceed Period - Vehicle Storage Each 116.00 120.00 Pursua nt to SAM C 36-434 55000 Improper Display of Permit Each 41.00 42.00 Pursuant to SAMC 36-488 55000 Off Truck Route Each 89.00 92.00 Pursuant to SAMC 36-171 53416 Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec. 5-8 Each 153.57 159.53 55402 Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36-145.5) FirstViolation Per Violation 66.00 68.00 Second Violation (within a 12 month period) Per Violation 100.00 103.00 Third Violation (within a 12 month period) Per Violation 125.00 129.00 55606 Fireworks Administrative Citation Per First Violation and Pursuant to SAMC Sec. 1-21 a ny Subseq uent VI elation 1,000,00 1,000.00 75A-2-84 74 RESOLUTION 2018-X)D( 3.88% PROPOSED REVENUE FY 17-18 FY 28-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002-51701 Transportation Permits/Oversize/Overwelght Annual Permit (Per CALTRANS) SingleTrip Permit (PerCALTRANS) Fax Processing Service (Optional) 01117002-51701 Building Moving Permits Permit Fee (Per CALTRANS) Building Under 1,000 sq. ft. Building 1,0DO sq. ft. or over Legal Weight/Size Load 01117002-57991 Banner and Decorations Application Fee Removal Fee 01117002-51608 Newsbox Permits and Inspection Initial/Renewal Permit Fee Annual Inspection Fee 01117002-53707 Curb Painting 01117002-53707 Street Name Sign 01117002-53707 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. 06817002-57010 Tree Planting 24" box minimum tree 06817002-57010 EFACTree Appeal Fee 08617002-57770 City Street Map (22"X29") First Map Additional 08617002-57770 WaterSystem Map (62"X78") 08617002-57770 SewerSystem Map (62"X78") 10117002-57006 Geographic Information System (GIS) Consultant(s) Time Staff Time 08617002-SG305 Telecommunications Facility Application 08617002-51704 Telecommunications Facility Inspection Charged in addition to Street Work Permitslinspection Fees 08617002-56305 Accelerated Pla n Check for Pu blic Improvern ents 08617002-56305 TrafficAnalysis/Studles Plan Check 08617002-56305 Improvement Plan Check Per Hour NOTE: Street, Storm Drain, T(offic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water andRelotedStudies. Each 90.00 90.00 Each 16.00 16.00 Per Fiscal Year 41.30 42.90 Each 90.00 90.00 Each 16.CO 16.00 Each 16.00 16.00 Not Required No Charge No Charge PerTransection 163.13 169.46 Per Street Per Pole 163.13 169.46 Per Publication 188.38 195.69 Per Location 48.99 50.89 Per Foot 12.51 12.99 Minimum 226.71 235.51 Each 393.14 408.40 Each 404.16 419.84 Each 789.05 819.66 Each 187.57 194.85 Each 3.97 4.12 Each 3.97 4.12 Each 11.S7 12.01 Each 11.57 12.01 Actual Contract Actual Contract Actual Staff Cost Actual Staff Cost Each 1,069.24 1,110.73 Each 430.93 447.65 Per Hour 248.42 258.06 Per Hour 229.59 238.50 Per Hour 186.03 193.25 75A-2-85 75 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-56305 Surface Drainage Plan Check PerHour 186.03 193.25 08617002-56305 Improvement Standard Plans/Specifications Storm Drains Set 13.48 14.00 Street Improvements Set 17.32 17.99 Sanitary Sewers Set 13.48 14.00 Water Improvements Set 23.10 23.99 Revision within 1 year 01117002-56305 Plans/Specifications Fees (nonrefundable) Reproduction 10Sheets 28BB 30.01 Each additional 1.95 2.02 Mailing Minimum 16.98 17.63 08617002-56305 Tract Map - Final Per Hour 186.03 193.25 08617002-56305 Parcel Map - Final PerHour 186.03 193.2S 086170D2-56305 Lot Line Adjustment/Lot Merger Per Hour 186.03 193.25 08617002-56305 Certificate of Compliance Per Hour 186.03 193.25 08617002-51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 275.51 286.20 05917002-53706 Street Work Permits/] nspection Fees Charged in addition to other fees Each 312.01 324.12 08617002-51704 Inspection Fees: Trench Excavation/Back Fill Linear Foot 2.02 2.10 (unless included in otherfees) Minimum 167.19 173.68 08617002-51704 Storm Drains/Culverts, Sewer, Water Mains/Line Channels Linear Foot 9.42 9.79 Minimum 167.19 173.68 08617002-51703 Sewer Laterals/Water Services Each 1,021.96 1,061.61 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 313.56 325.73 Minor Streets Deposit 991.41 1,029.88 Major Streets Deposit 1,319.99 1,371.21 08617002-51704 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 1,209.16 1,256.08 08617002-51704 Curb, Gutter or Combination including Earthwork Linear Foot 2.30 2.39 Minimum 167.19 173.68 08617002-51704 Curb Return, including Earthwork Each 310.82 322.88 08617002-51704 Sidewalk including Earthwork Sq. Foot 1.51 1.57 75A-2-86 76 RESOLUTION 2018-)OOC 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCIELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONXI PUBLIC WORKS AGENCY 08617002-51704 Drive Approach Including Earthwork 08617002-51704 Paving, including Earthwork (0 - 2000 sq. ft.) (Over 2000 sq. ft.) 08617002-51704 Fencing Masonry, Concrete or Block 08617002-57006 StreetTrees By Developer, Inspection Only 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days 08617002-51704 Projects Exceeding $50,000 & <=$100,000 and/or Work items not included here 08617002-51704 Projects Exceeding $100,000 and/or Work items not Included here 09617002-57006 Overtime Rate for Construction Inspectors Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspector's salary step 08617002-56305 Certificate of Correction 08617002-56305 Covenants, Conditions, & Restrictions; Agreements and Miscellaneous Checking 06817002-53710 Notice of Abatement- Standard Administration Fee 06817002-S3710 Notice of Abatement- Multiple Postings in a 12-month Period 08617002-51704 Survey Monument Check: 1st Monument Check Additional monument 08617002-51704 Uninitiated Street Work Permit 08617002-57790 Abandonment Processing Summary Non -Summary 167.19 173.68 Sq. Foot 1.03 1.07 Minimum 167.19 173.68 Sq. Foot 0.42 0.44 Sq. Foot 0.30 0.31 Minimum 167.19 173.68 Unearl'oot 1.79 1.86 Minimum 150.20 156.03 Each 202.50 210.36 Sq.Foot 37.84 39.30 Percent of estimated construction costs 9.59% 9.59% Percent of estimated construction costs 7.00% 7.00Y Per Hour Actual Of Rate Actual Of Rate Per Hour 186.03 193.25 Per Hour 186.03 193.25 Each 412.08 428.07 Each 68.29 70.94 Each 944.97 981.63 Each 189.55 196.91 Per Permit PerApplication PerApplication Double Street Work Double Street Work Permit Fee Permit Fee 1,861.42 5,584.27 1,933.64 5,800.94 75A-2-87 77 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002-51705 Encroachment Processing Each 492.67 511.79 06017002-53720 MeterTest in Field/Shop Each 110.04 114.31 Note: Fee is refunded if the metershows an error ofmore than 2% over the correct reading. 06017002-53720 Replace Meter (Removed for Unpaid Bills) Program administered by Public WorksAgency. &W Eseh" 69.5; 72.24 P, -I, * 99.99 93.48 Eae4 i4s.3i +511,136 Eee4 Q.89 86i.39 Eael, ;6 i.99 Q3.93 5/8" to 2" Each 118.74 3" to 6" Each 1,899.84 After business hours, the charge for replacement Minimum 150.20 156.03 "Referto Summary of New, Modified and Deleted Fees NOT19. Aese chalfies Olt eque; Is File 665i Aggeege6ei3 0 ie t me Raj:s (a me6er is sol 06017002-53720 Install New Water Service Meter 5/81, 116.05 3/4" 142.42 11. 207.00 11/2" 396.82 2" 527.32 3" 2,891.97 4" 4,760.42 Ell 7,963.46 *Refer to Summary of New, Modified and Deleted Fees 06017002-53720 Install New Residential Fire Service Meter"' 3/4" 289.10 ill 346.34 "Refer to Summary of New, Modified and Deleted Fees 06017002-53720 Cut-off Water Service in Street Each 388.75 403.84 06017002-53725 Temporary Construction Meter Deposit Each 1,193.10 1,946.00 "Refer to Summary of New, M odified and Deleted Fees 06017002-53720 Removal of Straight Pipe (administered by PWA) Each 100.68 104.59 06017002-53720 Repair Curb Stop (administered by PWA) Each 148.31 154.06 06017002-53720 Backflo. Device Testing Administrative Fee Each 87.00 90.38 06017002-53720 Backflow Preventer 3rd and Final Notice Fee Each 105.20 109.28 06017002-53720 Fire Flow Test Application Fee Each 24.46 25.41 06017002-53720 Fire Flow Test Witness Fee Each 114.75 119.20 06017OD2-53720 Water Service Applicalton Fee Each 24.46 25.41 06017002-53725 Construction Meter Daily Rental Charge Per Day 2.00 2.08 01117002-51609 Outdoor Dining Fee Application Fee 1,319.83 1,371.04 Annual license fee based on size of dining area SquareFoot 0.86 0.89 75A-2-88 78 RESOLUTION 2018-X)OC 3.885o PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Xl PUBLIC WORKS AGENCY 08617002-57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 8.70 9.04 Security Deposit One-time, Refundable 86.86 90.23 Key Replacement PerKey 26.08 27.09 Lack Replacement PerLock 138.99 144.38 Damage/Repair Fee Each 52.12 54.14 08617002-51704 Directional Baring Fee Per Linear Foot 2.35 2.44 01117002-51402 2nd Street Mail Use Fee Per Event 43.45 45.14 Drainage Assessment Area Fee PerAcre 22117002-50500 Area 1 7,227.39 7,507.81 22217002-50500 Area 2 8,712.83 9,050.89 22317002-50500 Area 3 4,690.86 4,872.87 22417002-50500 Area 4 6,923.36 7,191.99 22517002-50500 Area 5 7,887.59 8,193.63 22617002-50500 Area 6 7,757.30 8,058.28 05517002-53701 Sewer Connection Fee Per Plumbing 103.27 107.28 Fixture Unit 95617992 53992 Sevoef Grease Glee iing Pe yes" 2,338.46 i,429.19 -Referto Summary of New, Modified and Deleted Fees 08617002-57006 Residential Parking Permit Single Family Home -each permit every two years 66.97 69.56 maximum 3 permits Multi -family Home (up to four plex) - each permit every two years 66.97 69.56 maximum 1 permit Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 19.74 20.50 Resurfaced between 6 and 10 years 17.48 18.16 Resurfaced between 11 and 15 years 16.44 17.07 Resurfaced between 16 and 20 years 13.14 13.65 05817002-5370S Local Street Resurfaced between 0 and 5 years 13.38 13.90 Resurfaced between 6 and 10 years 11.89 12.35 Resurfaced between 11 and 15 years 11.18 11.61 Resurfaced between 16 and 20 years 10.08 10.47 Resurfaced between 21 and 25 years 8.96 9.31 Wet Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 30.68 31.87 Resurfaced between 6 and 10years 27.15 28.21 Resurfaced between 11 and 15 years 25.55 26.54 Resurfaced between 16 and 20 yea" 20.44 21.23 05817002-53705 LocalStreet Resurfaced between 0 and 5 years 20.80 21.61 Resurfaced between 6 and 10 years 18.47 19.18 Resurfaced between 11 and 15 years 17.35 18.03 Resurfaced between 16 and 20 years 25.66 16.26 Resurfaced between 21 and 25 years 13.93 14.47 75A-2-89 79 Summary of Proposed New Fees FY 2018-19 75A-2-90 80 Proposed New Miscellaneous Fees FY 2018-19 PUBUC WORKS AGENCY J. Install New 11/2" Meter [page 781 Existing Fee: None Proposed Fee: $396.82 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,904.60. 2. Install New I" Residential Fire Meter [page 781 Existing Fee: None Proposed Fee: $346.34 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $10,390.20. 3. Install New:I" Meter &Ve 781 Existing Fee: None Proposed Fee: $207.00 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,350.00. 4. Install New 2" Meter [)We 781 Existing Fee: None Proposed Fee: $527.32 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $7,909.80. 5. Install New 3" Meter [page 781 Existing Fee: None Proposed Fee: $2,891.97 This charge is based on the cost of the meter and staff time spentto install a new meter as part of water service. The projected annual revenue is $2,891.97. 6. Install New 3/4" Residential Fire Meter [page 78,7 Existing Fee: None Proposed Fee: $289.10 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $14,455.00. 75A-2-91 81 PUBLIC WORKS AGENCY - CONTINUED 7. Install New3/4" Meter[page 781 Existing Fee: None Proposed Fee: $142.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,681.50. 8. Install New 4" Meter &Ve 781 Existing Fee: None Proposed Fee: $4,760.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $28,562.40. 9. Install New 5/8" Meter [page 781 Existing Fee: None Proposed Fee: $116.05 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,605.00. 10. Install New 6" Meter [page 781 Existing Fee: None Proposed Fee: $7,963.46 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $23,890.38. 11. Replace Meter from 3" to 6" (Removed for Unoaid Bills) [page 781 Existing Fee: None Proposed Fee: $1,899.84 This fee is forforstaff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $11,399.04. 12. Reolace Meter from 5/8"to 2" (Removed for Unpaid Bills) [page 781 Existing Fee: None Proposed Fee: $118.74 This charge is for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $32,534.76. 75A-2-92 82 COMMUNITY DEVELOPMENT AGENCY 13. TEFRA Hearin5 Fee -Housing Develonment Proiec [page 81 Existing Fee: None Proposed Fee: $832.40 This fee will be charged to developers of housing projects that request the City hold a Tax Equity and Financial Responsibility Act JEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Statewide Communities Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. 14. TEFRA Hearinp Fee- Non -Housing Development Proiect [page 81 Existing Fee: None Proposed Fee: $644.40 This fee will be charged to developers of non -housing projects that request the City hold a Tax Equity and Financial Responsibility Act JEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Enterprise Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 15. Filming Permit Processing Fee-Studen fpage2l] Existing Fee: None Proposed Fee: $75.00 Proposing a new fee for student film permits this will provide a discount rate for students. 75A-2-93 83 Summary of Proposed Modified Fees FY 2018-19 75A-2-94 84 Proposals to Moffy Existing Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Temoorary Construction Meter Deposi [page 781 Existing Fee: $1,193.10 Proposed Fee: $1,946.00 This fee is based on the cost of the equipment. PLANNING AND BUILDING AGENCY 2. Historic Propert Preservation Agreement (Mill's Act Application) [page 227 Existing Fee: $4,257.40 Proposed Fee: $4,422.59 In FY 17-18, Mill's Act 50% reduction expired, sofull amount will now be charged, plus CPl. 3. Existing Name: Residential Rooftop Solar (1kWto 15kW) Proi)osed Name: Residential Photovoltaic System MW to 15kW) [page 361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kW over 15kW Existing Fee: $15.50 Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solarfees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. J-414. Existing fees shall be amended to the specific requirement of the legislation. 4. Existing Name: Residential Rooftop Solar (:LkW to 15kW) Proposed Name: Residential Thermal Systems (IkWth to 10 kWth) [page361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional klNth over 10 kWth Proposed Fee: $15.00 PerAssembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 75A-2-95 85 PLANNING AND BUILDING AGENCY- CONTINUED 5. Existing Name: Commercial Rooftop Solar Proi)osed Name: Commercial Rooftoo Solar MW to 5OkW) [page 361 Existing Fee: $1,033.60 Proposed Fee: $1,000.00 Plus each additional kW over 50 kW up to 250 W Existing Fee: $7.24 Proposed Fee: $7.00 Plus each additional kW over 250 kW Existing Fee: $5.17 Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 6. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Thermal Systems (1 kWth to 30 kWth) [page 361 Existing Fee: None Proposed Fee: $1,000.00 Plus each additional kWth betweem 30 kWth up to 260 kWth Proposed Fee: $7.00 Plus each additional kWth over 260 kWth Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved bythe Governor on October 15, 2017, existing solarfees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. FIRE 7. Existing Name: Emergency Base Rate/Transportation (in Fire Dept -owned vehicle) Proposed Name: EmergencV Base Rate/Transportation [pagel2l Fees: $679.89 Update to modify name to remove "in Fire Dept -owned vehicle" text that is no longer a valid reference. 75A-2-96 86 PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY 8. Santa Ana Zoo Admissions [page 201 Existing Feels): Proposed Fees: Zoo Admissions Fees (Full -day)- Weekday -Adult $10.00 -Child/Senior $7.00 -Friends of Zoo $ Free -Groups (same for Full -day Weekend) -Adult (w/ schools, scouts, $8.00 etc.) -Child/Senior $5.00 (Half -day, after 2prn, M-F, except Holidays) -Ad u It $8.00 -Child/Senior $5.00 (Hatf-day, after 2prn, SaL-Sun., except Holidays) -Ad u It $10.00 -Child/Senior $7.00 ZooAdmIsslons Fees -Adult $12.00 -Child/Senior $9.00 -Friends of Zoo $ Free Eliminating zoo admissions separate pricing for weekdayfull day (adult, child/senior, Friends of the Zoo, Groups) weekend full day groups, half -day afer 2pm Monday -Friday, except Holidays, and half - day after 2pm Saurclay-Sunday, except Holidays in favor of pricing for zoo admissions for adults, child/senior, and Friends of the Zoo based on the previous prices of zoo admissions full day weekend. 75A-2-97 87 Summary of Proposed Deleted Fees FY 201&19 75A-2-98 88 Proposals to Delete Fees FY 2018-19 PUBUC WORKS AGENCY 1. Sewer Grease Cleanin &age 791 Existing Fee: $2,338.46 Proposed Fee: None This service is no longer offered and will therefore be deleted from the Miscellaneous Fee Schedule. 2. Replace Meter (Removed for Unpaid Bills) 11/2" [page 781 Existing Fee: $347.89 Proposed Fee: None This fee is being removed and replaced by a newset of fees proposed underseparate fee request form. 3. Replace Meter (Removed for Unpaid Bills) 1"[pVe 78] Existing Fee: $148.31 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 4. Replace Meter (Removed for Unpaid Bills) 2"Lwge78J Existing Fee: $464.99 Proposed Fee: None This fee is being removed and replaced bya new set of fees proposed under separate fee request form. 5. Replace Meter (Removed for Unpaid Bills) 3/4"[We 78] Existing Fee: $89.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 6. Replace Meter (Removed for Unpaid Bills) 5/8" fipage 781 Existing Fee: $69.54 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 75A-2-99 89 Clark of the Council 7. Subscriptions JAV631 Agenda or Minutes: Council: Existing Fee: $83.85 Proposed Fee: None Boards/CDrnmIsslons: Existing Fee: $41.93 Proposed Fee: None Subscriptions are no longer being mailed because a free email subscription service has replaced it. Proposed effective date is July 1, 2018. Parks, Recreation and Communhy Services Agency 8. Non-resident Library Card Fee jpage.167 Existing Fee: $45.00 Proposed Fee: None In an effort to promote the use of the Library and bring additional people to the City of Santa Ana, Parks, Recreation and Community Services Agency is removing this fee. Planning and Building Agency 9. Business Certificate of Occupanc [page5O1 Existing Fee: $90.67 Proposed Fee: None It is an obsoletefee and does nottruly reflectthe cost we provide forthe service of certificate of occupancy. 75A-2-1 00 90 EXHIBIT 3 Summary of Proposed New Fees FY 201849 75A-2-1 01 EXHIBIT 3 Proposed New Miscellaneous Fees FY 2018-19 PUBUC WORKS AGENCY L Install New 11/2" Meter [page 781 Existing Fee: None Proposed Fee: $396.82 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,904.60. 2. Install New I" Residential Fire Meter [page 781 Existing Fee: None Proposed Fee: $346.34 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $10,390.20. 3. Install New I" Meter [page 781 Existing Fee: None Proposed Fee: $207.00 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,350.00. 4. Install New 2" Meter fpage 781 Existing Fee: None Proposed Fee: $527.32 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $7,909.80. 5. Install New 3" Meter [page 78] Existing Fee: None Proposed Fee: $2,891.97 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $2,891.97. 6. Install New 3/4" Residential Fire Meter [page 781 Existing Fee: None Proposed Fee: $289.10 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $14,455.00. 75A-2-102 EXHIBIT 3 PUBLIC WORKS AGENCY - CONTINUED 7. Install New 3/4" Meter[page 781 Existing Fee: None Proposed Fee: $142.42 This charge is based on the cost of the meter and staff time spentto install a new meter as part of a water service. The projected annual revenue is $10,681.50. 8. Install New 4" Meter [page 781 Existing Fee: None Proposed Fee: $4,760.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $28,562.40. 9. Install New 5/8" Meter [page 781 Existing Fee: None Proposed Fee: $116.05 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,605.00. 10. Install New 6" Meter [page 781 Existing Fee: None Proposed Fee: $7,963.46 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $23,890.38. 11. Replace Meter from 3" to 6" (Removed for Ummid Bills) [page 781 Existing Fee: None Proposed Fee: $1,899.84 This fee is for for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $11,399.04. 12. Replace Meter from 5/8" to 2" (Removed for Unnaid Bills) [page 781 Existing Fee: None Proposed Fee: $118.74 This charge is for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $32,534.76. 75A-2-103 EXHIBIT 3 COMMUNITY DEVELOPMENT AGENCY 13.TEFRAHearin�!Fee-HousingDevelot)mentProie [page8l Existing Fee: None Proposed Fee: $832.40 This fee will be charged to developers of housing projects that request the City hold a Tax Equity and Financial Responsibility Act JEFRA) hearing for issuance of bonds wherebythe bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Statewide Communities Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. 14. TEFRA Hearin�4 Fee- Non -Housing Development Prolect [page 81 Existing Fee: None Proposed Fee: $644.40 This fee will be charged to developers of non -housing projects that request the City hold a Tax Equity and Financial Responsibility Act (TEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Enterprise Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. PARKS, RECREATIONAND COMMUNITY SERVICES AGENCY 15. Filmim� Permit Processing Fee-Studen fpage2l] Existing Fee: None Proposed Fee: $75.00 Proposing a new fee for student film permits this will provide a discount rate for students. 75A-2-104 EXHIBIT 3 Summary of Proposed Modified Fees FY 2018-19 75A-2-105 LWO00111-111M Proposals to Modffy Existing Fees FY 2018-19 PUBILIC WORKS AGENCY 1. Temporary Construction Meter Delposi [page 781 Existing Fee: $1,193.10 Proposed Fee: $1,946.00 This fee is based on the cost of the equipment. PLANNING AND BUILDING AGENCY 2. Historic Property Preservation Agreement (Mill's Act Application) [page 227 Existing Fee: $4,257.40 Proposed Fee: $4,422.59 In FY 17-18, Mill's Act 50% reduction expired, so full amount will now be charged, plus CPI. 3. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Photovoltaic System (IkW to 15kW) [page 361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kW over 15kW Existing Fee: $15.50 Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 4. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Thermal Systems (IkWth to 10 kWth) [page 361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kWth over 10 kWth Proposed Fee: $15.00 PerAssembly Bill No. 1414 approved bythe Governor on October 15, 2017, existing solarfees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 75A-2-106 *40MINZ IIIII&I PLANNING AND BUILDING AGENCY- CONTINUED 5. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Rooftoo Solar MW to 50kW) [page361 Existing Fee: $1,033.60 Proposed Fee: $1,000.00 Plus each additional kW over 50 kW up to 250 kW Existing Fee: $7.24 Proposed Fee: $7.00 Plus each additional kW over 250 kW Existing Fee: $5.17 Proposed Fee: $5.00 PerAssembly Bill No. 1414 approved bythe Governor on October 15, 2017, existing solarfees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 6. Existing Name: Commercial Rooftop Solar Proi)osed Name: Commercial Thermal Systems (1 kWth to 30 kWth) [page 361 Existing Fee: None Proposed Fee: $1,000.00 Plus each additional kWth betweern 30 kWth up to 260 kWth Proposed Fee: $7.00 Plus each additional kWth over 260 kWth Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. FIRE 7. Existing Name: Emergency Base Rate/Transportation (in Fire Dept -owned vehicle) Proposed Name: Emergency Base Rate/Transportation [page 121 Fees: $679.89 Update to modify name to remove "in Fire Dept -owned vehicle" text that is no longer a valid reference. 75A-2-107 EXHIBIT 3 PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY 8. Santa Ana Zoo Admissions [page 201 Existing Feels): Proposed Fees: Zoo Admissions Fees (FulWayyWeekday -Adult $10.00 -Child/Senior $7.00 -Friends of Zoo $ Free -Groups (same for Full -day Weekend) -Adult (w/ schools, scouts, $8.00 etc.) -Child/Senior $5.00 (Half -day, after 2prn, M-F, except Holidays) -Ad u It $8.00 -Child/Senior $5.00 (Hatf-day, afer 2prn, Set - Sun., except Holidays) -Adult $10.00 -Child/Senior $7.00 Zoo Admissions Fees -Adult $12.00 -Child/Senior $9.00 -Friends of Zoo $ Free Eliminating zoo admissions separate pricing for weekday full day (adult, child/senior, Friends of the Zoo, Groups) weekend full day groups, half -day afer 2pm Monday -Friday, except Holidays, and half - day after 2pm Saurday-Sunday, except Holidays in favor of pricing for zoo admissions for adults, child/senior, and Friends of the Zoo based on the previous prices of zoo admissions full day weekend. 75A-2-108 EXHIBIT 3 Summary of Proposed Deleted Fees FY 2018-19 75A-2-109 EXHIBIT 3 Proposals to Delete Fees FY 2018-19 PUBUC WORKS AGENCY 1. Sewer Grease Clean in fpage791 Existing Fee: $2,338.46 Proposed Fee: None This service is no longer offered and will therefore be deleted from the Miscellaneous Fee Schedule. 2. Renlace Meter (Removed for Unoaid Bills) 1 112"[page 781 Existing Fee: $347.89 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 3. Replace Meter (Removed for Uninaid Bills) 1"[page 781 Existing Fee: $148.31 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 4. Reolace Meter (Removed for Unpaid Bills) 2" [page 781 Existing Fee: $464.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 5. Reolace Meter (Removed for Unpaid Bills) 3/4" [page 78] Existing Fee: $89.99 Proposed Fee: None This fee is being removed and replaced by a newset of fees proposed under separate fee request form. 6. Reolace Meter (Removed for Unpaid Bills) 5/8" [page 78] Existing Fee: $69.54 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 75A-2-1 10 EXHIBIT 3 Clerk of the Council 7. Subscriptions [page 31 Apr_enda or Minutes: Council: Existing Fee: $83.85 Proposed Fee: None Boards/CommIssions: Existing Fee: $41.93 Proposed Fee: None Subscriptions are no longer being mailed because a free email subscription service has replaced it. Proposed effective date is July 1, 2018. Parks, Recreation and Commurifty Services Agency 8. Non-resident Library Card Fee ffiage.167 Existing Fee: $45.00 Proposed Fee: None In an effort to promote the use of the Library and bring additional people to the City of Santa Ana, Parks, Recreation and Community Services Agency is removing this fee. Planning and Building Agency 9. Business Certificate of Occupan [page501 Existing Fee: $90.67 Proposed Fee: None It is an obsoletefee and does nottruly reflectthe costwe providefor theservice of certificate of occupancy. 75A-2-1 11 75A-2-112 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2018 TITLE: APPROVE PRE -PAYMENT FOR THE CITY'S ANNUAL UNFUNDED ACTUARIAL LIABILITY TO CALIFORNIA PUBLIC RETIREMENT SYSTEM — SAFETY PLAN FOR FY 2018-19 (STRATEGIC PLAN NO. 4,2D) Cl"ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED E] As Recommended EI As Amended [] Ordinance on 1 sl Reading El Ordinance on 2nd Reading [I Implementing Resolution E] Set Public Hearing For CONTINUED TO JUN 19 2016 FILE NUMBER Approve the pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CalPERS) — Safety Plan for fiscal year 2018-19 in the amount of $18,690,264. DISCUSSION Due to rising pension obligations, municipalities are tasked with identifying cost-effective mechanisms in addressing retirement costs. An element identified was pre -paying the City's annual Unfunded Actuarial Liability (UAL) obligations. The UAL amount is traditionally paid on a monthly basis (12 payments) during the fiscal year. After discussion and confirmation between City Staff and its CalPERS Actuary the following UAL amount(s) is owed for FY 2018-19: Unfunded Actuarial Liability Annual Amount* Pre -Payment Amount" Savings FY 2018-19 (Safety Plan)*** $19,367,208 $18,690,264 $676,944 * amount owed by the City if paid over twelve monthly payments "amount is due by 713 1/18 per July 2017 CaIPERS Actuarial Valuation Report (Safety Plan) 'Safety Plan consists of unfunded actuarial obligations related to both the Police and Fire Department CalPERS staff has confirmed if the City submits the pre -payment in the amount of $18,690,264 by July 31, 2018, the UAL obligation for FY 2018-19 will be met and would result in a savings of $676,944. Specifically, the savings will be allocated in the proposed FY 2018-19 budget as follows: • Police Department Retirement Costs - $259,023 • Fire Department Retirement Costs - $240,977 • Investment Income (offset) - $176,944 75A-3-1 Approval to Pre -Pay the City's Safety Plan Unfunded Actuarial Obligations June 5, 2018 Page 2 Funding the Pre-Paymen As noted, CalPERS has afforded the City two alternatives (monthly or pre -payment) in satisfying its UAL obligations related to the Safety Plan for FY 2018-19. As a means in funding the pre- payment initiative, the City maintains sufficient available Cash to satisfy the proposed obligations in addition to the normal and customary expenditures incurred by the City during the fiscal year. However, as a result in making the pre -payment to CalPERS the City is projected to incur a reduction in its Earnings on Investment in the amount of $176,944. The reduction in income is offset by the savings projected to be realized by the City's General Fund in the amount of $500,000. Retirement Strategies On December 2016, the City Council approved the establishment of the City's Pension Stability fund in the amount of $500,000. The Fund was created to offset future increases in retirement obligations. Pre -paying the UAL for the City's Safety Plan is an additional strategy recommended to be implemented as a means to address rising CalPERS costs. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #4 — City Financial Stability, Objective #2 (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy D (conduct an assessment of the City's debt and refinancing options to achieve savings). FISCAL IMPACT Pre -payment to CaIPERS: The payment in the amount of $18,690,264 will be made during FY 2018-19 (prior to July 31, 2018) as follows: Accountinq Unit Amount PD-Field Operations (no. 01114420-61100) $9,597,149 FD-Fire Suppression & EMS (no. 01115330-61100) $9,093,115 Promected Savings: Savings in the amount of $676,944 are projected to be incurred and included in the proposed fiscal year 2018-19 budget as follows: Accounting Unit Amount PD-Field Operations (no. 01114420-61100) $240,000 FD-Fire Suppression & EMS (no. 01115330-61100) $260,000 Earnings of Investments (reduction) (01102002-58000) $176,944 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency SV 75A-3-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 19, 2018 TITLE: ADOPT A RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2018-19, AS REQUIRED BY STATE LAW (STRATEGIC PLAN NO. 4, 1 D) CIT��LANAGER V RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended El As Amended El Ordinance on Is' Reading El Ordinance on 2n' Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO 51`111140=195 T..:F:l Adopt a resolution establishing the appropriation limit for the fiscal year 2018-19, as required by State law. DISCUSSION The State of California Constitution includes various provisions, which impose a limit ("the GANN Limit") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2019. As detailed in the exhibits to the subject resolution, the City's spending limitation from "Proceeds of Taxes" is calculated to be $1,086,968,617 (Exhibit 1) for fiscal year 2018-19. This represents the permitted growth rate factor of 1.0439 times the fiscal year 2017-18 appropriations limit of $1,041,257,416. The funds constrained by the appropriations limit include the General Fund, the Capital Outlay Fund, and Special Revenue Funds. Additionally, Exhibit 1 identifies the factors used to determine the allowable increase from the prior year; Exhibit 2 categorizes FY 2018-19 anticipated revenues from "Proceeds of Taxes" and "Non -Proceeds of Taxes"; and Exhibit 3 computes the fiscal year 2018-2019 appropriations subject to this limitation and also identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City's anticipated fiscal year 2018-19 appropriation subject to limitation is $172,728,141, which is $914,240,476 below the Gann Limit (allowable limit). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal # 4 City Financial Stability, Objective # 1 (maintain a stable, efficient and transparent financial environment), Strategy D (develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). 75A-4-1 Resolution Establishing the Appropriation Limit June 19, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Computation of Appropriation Limit 2. Schedule to Categorize Anticipated Revenues 3. Appropriation Subject to Limitation 4. Resolution 75A-4-2 EXHIBIT I COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2019 Fiscal Year 2017-18 Appropriations Limit California Per Capita Personal Income: Converted into a Factor Population Growth: Converted into a Factor: Calculation of factor for fiscal year 2018-19 (1.0367 x 1.0069): Fiscal Year 2018-19 Appropriations Limit 1,041,257,416 3.670% 1.0367 0.69% 1.0069 1.0439 1,086,968,617 * Source: State of California, Department of Finance, Price and Population Information - FY 2018-19 75A-4-3 75A-4-4 EXHIBIT2 SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30,2019 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users'Tax Medical Marijuana Tax Total Taxes FROM STATE: State Motor Vehicle License Homeowner Prop Tax Subvention State Gas Tax SB90 Reimbursements State Grants Total State OTHER GOVERNMENT: Community Development (CDBG) Urban Area Security Initiative Grant Housing (Section 8) Workforce Investment Act Measure M, Street Grants Civic Center and Park Program Income Other Federal Grants Total Other Government PROCEEDS NON -PROCEEDS OF TAXES OF TAXES TOTALS 78,109,701 $ - $ 78,109,701 50,104,702 - 50,104,702 8,500,000 - 8,500,000 12,000,000 - 12,000,000 850,000 - 850,000 25,400,000 - 25,400,000 2,260,000 - 2.260.000 177,224.403 - 177,224,403 153,627 - 153,627 201,205 - 201,205 - 14,338.110 14,338,110 92,000 92,000 1.397,000 1,397,000 354,832 15,827,110 16,181,942. - 6,292,659 6,292,659 - 4,941,936 4,941,936 - 35,871,760 35,871,760 - 2,709,800 2,709,800 - 20,018,984 20,018,984 - 5,914,939 5,914,939 - 300,000 300,000 3,099,023 3,099,023 79,149,101 79,149,101 75A-4-5 Exhibit 2 Continued PROCEEDS NON -PROCEEDS REVENUE OF TAXES OF TAXES TOTALS LOCALLY RAISED: Licenses and Permits - 19,381,829 19,381,829 Franchise Fees - 3,598,000 3,598,000 Fines and Forfeitures - 6,129,570 6,129,570 Charges for Services - 24,897,697 24,897,697 From Use of Property - 17,472,813 17,472,813 Others - 5,099,500 5,099,500 Others - Inter -Agency 4,537,918 4,537,918 Total Locally Raised 81,117.327 81,117.327 OTHER MISCELLANEOUS: Donation - 20,000 20,000 Sale of Property - 2,130,300 2,130,300 Attorney Reimbursements - 979,890 979,890 -Expense Reimbursements - 1,562,654 1,562,654 Indirect Cost Recovery - 2,700.000 2,700,000 From Prior Year Fund Balances - 35,341,428 35,341,428 Refuse Program Savings - 1,352,000 1,352,000 Interfund Transfers - 14,550,479 14,550,479 Total Other Miscellaneous - 58,636,751 58,636,751 FROM USE OF MONEY: Earnings on Investment 516,136 719,525 1,235,661 TOTALREVENUES 178,095,371 235,449,814 $ 413,545.185 75A-4-6 EXHIBIT 3 APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2019 Proceeds of taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit $ 178,095,371 (5,367,230) $ 172,728,141 1,086,968,617 $ _21L240.476) 75A-4-7 75A-4-8 1 *V4 2 1 W I 111E, ROH: 06/19118 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2018-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in 1979, Imposes upon State and local government the obligation to limit each fiscal years appropriations to those established in fiscal year 1978-79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal Income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction. C. Proposition I I I further modified Article XIIIB requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures In excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the Count)(s percentage change in population from the preceding year. Resolution No. 2018- 75A-4-9 F. Section 7910 of the Government Code of the State of California requires the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIII3 of the California Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of June 19, 2018. H. The Executive Director, Finance and Management Services Agency of the City of Santa Ana, has determined the City's appropriation limit for fiscal year 2018-2019 In accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since not later than June 4, 2018, in the office of the Executive Director, Finance & Management Services Agency. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2018-2019 is hereby found and determined to be $1,086,968,617. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho Resolution No. 201& 75A-4-1 0 AYES: Councilmembers NOES: Counclimembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Hulzar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on June 19, 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018- 75A-4-11 75A-4-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING —APPEAL NO. 2018-02 OF CONDITIONAL USE PERMIT NO. 2018-01 TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE, CITRUS SPRINGS CHARTER SCHOOL — APPLICANT (STRATEGIC PLAN NO. 3, 2) 2�GER RECOMMENDED ACTION Review the following options: CLERK OF COUNCIL USE ONLY: APPROVED I] As Recommended El As Amended El Ordinance on 161 Reading El Ordinance on 2nd Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO JUN 19 2018 FILE NUMBER Approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned (staff recommendation), or 2. Approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 with additional conditions. or 3. Deny Appeal No. 2018-02 and adopt a resolution denying Conditional Use Permit No. 2018-01. PLANNING COMMISSION ACTION At its regular meeting on March 12, 2018, the Planning Commission motion to approve Conditional Use Permit (CUP) No. 2018-01 failed by a vote of 2:4 (Bacerra, McLoughlin, Mendoza and Verino opposed, Alderete absent) thereby denying the application to allow the operation of a K-12 School located at 2121 North Grand Avenue. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A) however the Commission referenced an increase in traffic to be detrimental to the health, safety, and welfare of the people residing in the vicinity (Finding #2) as the reason for denial as set forth in the attached resolution, 75B-1 Appeal No. 2018-02 of Conditional Use Permit 2018-01 — Citrus Spring Charter School at 2121 North Grand Avenue June 5, 2018 Page 2 DISCUSSION Dave Black, representing Citrus Springs Charter School, filed an appeal (Exhibit B) pursuant to Santa Ana Municipal Code Section 41-645 and is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 School located at 2121 North Grand Avenue. Citrus Springs Charter School currently operates a K-6 school, which has been an ancillary operation to the church since the original conditional use permit allowed a school component in the 1960s. As part of the services the charter school provides, 7th-12th graders are offered online courses and support through home schooling. The school believes that certain courses are better taught in a classroom setting and is pursuing the CUP to allow the home schooled students to attend on - campus classes. The school does not intend to increase the number of students, but only allow the 7th-12th graders the opportunity to visit the North Grand Campus on alternating schedule$ throughout the week, in order to enhance the learning environment. At the Planning Commission public hearing, staff provided an overview of the applicant's request. During the public comment portion of the public hearing, two members of the public spoke in opposition of the conditional use permit, citing concerns regarding the over concentration of charter schools in the City. Conversely, two members of the public spoke in support of the conditional use permit, stating that students who reach the 7th grade would be able to attend classes on campus with the approval of the CUP. After deliberating on the matter, the Planning Commission denied the applicant's request. The Commission found that an increase in traffic would arise due to the increased number of students attending the campus and by default, that the additional trips generated adversely affect the community and its residents. The appeal in question is based on the fact that the decision made by the Planning Commission was considered unjust, and the official reason for the denial (traffic congestion), was not part of the discussion prior to the decision. The staff recommendation to the Planning Commission was to approve the applicant's request to allow the expansion of the existing K-6 charter school to include grades K-12. The proposed school expansion was reviewed by the City's Design Review Committee prior to the public hearing. The Design Review Committee performed a complete review of the project and analyzed the proposed schedule for attendance of each grade level for the week. This review fully assessed the on -site and off -site traffic impacts that the older student population may cause due to new attendance. According to the schedule provided by the applicant, attendance will not go beyond the total number of students the school currently allows. The 9th-12th graders, some of which will have the ability to drive to school, are only projected to be on -campus twice a week. By granting the approval of the conditional use permit, the City is also promoting a service to the community. Currently, the entitlement for the property only allows K-6 on -site which persuades the 7th-12th graders to commute to other schools outside of Santa Ana. By bringing in students to Santa Ana, those students and parents are also shopping locally, thereby promoting an economic benefit to the community and its retailers. Based on staff's review and analysis of the 75B-2 Appeal No. 2018-02 of Conditional Use Permit 2018-01 — Citrus Spring Charter School at 2121 North Grand Avenue June 5, 2018 Page 3 project, the project's benefit to the community by providing a K-12 education, and the operator's history of compliance with City codes, staff recommends that the City Council overturn the Planning Commission's decision and approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned. Staff continues to recommend approval of the project pursuant to SAMC 41-645. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #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 MIN 10 Minh Thai Executive Director Planning and Building Agency 10:rb S:RFCN2018\06-05-18\75C—Citrus Springs Charter School -Appeal Exhibits: A. Planning Commission Staff Report B. Appeal Application received March 23, 2018 C. Resolution for Approval of Conditional Use Permit No. 2018-01 D. Resolution for Approval of Conditional Use Permit No. 2018-01 with additional conditions E. Resolution for Denial of Conditional Use Permit No. 2018-01 75B-3 75B-4 REQUESTFOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH12,2018 . TITLE: PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE (STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco Acting Executive Dirbctor. PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED 0 Applicanfs Request 0 Staff Recommendation CONTINUED TO 1 0,4, i,/"(;r Actind Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned. Executive Summa Dave Black, representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 School located at 2121 North Grand Avenue. Staff is recommending approval of the applicant's request due to the community benefits of a K- 12 school, the operators history of compliance with City codes, and regulations that will require the facility to continue to operate as a school. Table 1: Protect and Location information Item Information n Project Add r ss North Grand Avenue Nearest Intersection Grana Avenue and Santa Clara Avenue "e2121 General Plan Designation Low -Density Residential (I-R-7) Zoning Designation Surrounding Land Uses Single-FaRly �Residenfial (R-1) Single -Family Residential North I �p — East .2T�rciaj,and -- - Residential lyw-rdlill y ��Inftitutiona[ South 1 and Single -Family Residential West I Commercial Property Size Existing Site Development 4.21 acres I he subject site is developed with a church facility and accessory buildings, and an existing K-6 rivate charter school. Use Permissions Private school uses require approval or conditional use permit. Zoning Code Sections Affected Uses I SAMC Section 41-232.5 (c) F—Opwarional Standards I SAMC Section EXHIBIT A 75B-5 Conditional Use Permit No. 2018-01 March 12, 2018 Page 2 Prooect Description Citrus Springs Charter School is proposing to modify the grade levels offered to include junior high and high school as part of the school's existing operations. The site has been recently improved with new parking. The classrooms now provide new heating and air conditioning units, and new roofing materials have also been installed as part of the overall site improvements. As part of the review by the City, a new vehicular entrance and exit will be constructed to provide enhanced vehicular circulation, thereby avoiding any potential traffic back-up which may occur driving on and off the property. A portion of the sidewalk will also be reconstructed. At this time, no addition to or physical expansion of the campus or its buildings is proposed. Table 2: Development Standards I'Standarft- '�� Required; by-SAMC. '4;'+ProvWed5, I Parking (Elementary/Junior High) 36 Spaces Complies I Parking (High School) 28 Spaces Complies Proiect Background In 1956, the Santa Ana United Methodist Church was constructed at the subject site. The original variance, which allowed for the church use, identified a number of individual buildings such as the sanctuary building, a chapel, and several administrative buildings. In the 1960s, an elementary school was also constructed on the site. Through the following years, the school required additional classroom space and in 1988 filed a new conditional use permit to include the expansion of classroom space and a new youth center to replace the previous one that was destroyed in a fire. The school and church uses have co -existed and operated successfully on the same site for more than 50 years. Currently, the site layout includes the original church buildings, a fellowship hall, the one-story and two-story school buildings, a playground and field area at the rear, and parking towards the south of the property. School drop-off and pick-up has been designed to flow around the parking area in order to avoid any on -site or off -site congestion. Prolect Analysi Conditional use permit (CUP) requests are governed by Section 41-638 of the SAMC. CUPs 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 following analysis, which in turn forms the basis for the recommendation contained in this report. For more than 50 years, the Santa Ana United Methodist Church has operated with an elementary school facility at this location, providing early education opportunities to children attending kindergarten to sixth grade classes. Both activities have co -existed without any major issues, with 75B-6 Conditional Use Permit No. 2018-01 March 12, 2018 Page 3 the church generating the most on -site vehicle and pedestrian traffic on the weekends, while the school activities occur during the weekdays, primarily between the hours of 8:00 a.m. and 3:00 p.m. Staff has reviewed the applicant's request to expand the school use to offer high school level education and is supportive of the request. To avoid potential adverse impacts associated with the services being offered by the charter school, a number of conditions are proposed. It is not anticipated that the expansion in grade levels being offered, in conjunction with the conditions, will adversely affect the surround commercial and residential community. The total number of students attending the school will not change, only the grade levels. Parking for the school use has been accounted for and meets the requirements of the SAMC, with 64 spaces required and a total of 122 spaces currently provided on -site. In addition, upgrades will be made to the site, including a new driveway and approach and the partial repair of the sidewalk and the planting of new City trees. Along with the recent improvements to the site, the site will meet all necessary code requirements. The expansion of grade levels and overall site improvements will provide a long-term social benefit to the community as the facility will offer additional educational opportunities to children in the area and provide a supportive and safe leaming environment. These services will serve to increase the safety and welfare of the children in the area. Additionally, no adverse impacts are anticipated as a result of the project's approval. The site will continue to operate in compliance will all applicable regulations and conditions imposed on a school pursuant to Chapter 41 of the SAMC. The CUP will be consistent with several goals and policies of the General Plan, including Policy 1.8 which encourages the development of nonprofit services and Policy 3.1 supports development which provides a positive contribution to the neighborhood character and identity. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The subject facility is located within similar land uses and the operation of a K-1 2 facility will continue to be compatible with the surrounding land uses. Table 5: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach !1!:.'.,',7;tCEQk! Strategic Plan!Allgnrifent��'and PUbli&Notifl6Atiod;&.Comriiuriit�.:Outrd6chi� CEQA Type Categorical Exemption — Section 15301 Reason(s) Class I consists of the operation, repair, maintenance, permitting, leasing, licensing, or Exempt or Analysis minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Categorical Exemption Environmental Review No. 2018-21 will be filed for this project. StrategldPlarVAlignrnent,,. x;� Goal(s) and Policy(s) t Approval of this item supports the City's efforts to meet oal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and encourage private development through new eneral Plan and Zonin� ',Publlc�Notlficatlon�& CommunityiQutreac-h Requlr�d_Measures Eublic noticed was posted on the project site on March 1, 2018. otification by mail was mailed to all property owners and occupants within 500 feet of the act site on March 1, 2018. 75B-7 Conditional Use Permit No. 2018-01 March 12, 2018 Page 4 CEQA, Strategic Plan Alignment,iand Public Notification & Community Outreach I Newspaper posting was published in the Orange County Reporter on March 1, 2018. Additional Measures The Fairhaven and Portola Park Neighborhood Associations were contacted to identify any areas of concern due to the expansion of grade levels. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provide within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-01 as conditioned. Ivan Oro; Assistant 10: sb SAPIanning Commission12018k3-12-MCUP No. 20lMlZCUPNo.18-Ol.CitmsSprings.StaffReportdo" Exhibits 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plans 75B-8 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-01 AS CONDITIONED TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE 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. Dave Black (Applicant), representing Citrus Springs Charter School is requesting approval of Conditional Use Permit No. 2018�01 to allow the operation of a K-1 2 school for Citrus Springs Charter School for the property located at 2121 North Grand Avenue. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit for private schools and colleges in the Single - Family Residential Zoning District. C. On March 12, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-01. 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 Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school: 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 K-12 school will provide a service to the community. The school Is a use that will support the adjacent church, residential, and school uses in the vicinity. Citrus Springs has been offering the children of the community the opportunity to attend a K-6 school for more than 50 years. The proposed expansion of grade levels being offered at this campus Will continue to contribute to the general well-being of the neighborhood and its children. EXHIBIT I ResoluUon No. 2018-xx Page I of 5 75B-9 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 K-12 school at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the use is compatible with the neighborhood and has been a use that has co -existed with the church use for more than 50 years. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts on the neighborhood or the community. 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. The proposed expansion of the school grade levels being offered will result in a positive addition to the surrounding area by providing educational opportunities currently not being offered. The existing K-6 school and the Santa Ana United Methodist Church have recently undergone improvements to the site and will continue to provide additional on -site and off -site improvements as part of the project, therefore creating positive economic investment into the community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed K-12 school will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a private school. No physical expansion of the campus is proposed at this time and on -site improvements have already brought the parking and driveway into compliance with all applicable standards. 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. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 1.8 encourages the development of nonprofit services, Policy 3.1 supports development which provides a positive contribution to the neighborhood character and Identity, and Resolution No. 2018-xx Page 2 of 5 75B-1 0 Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The R-1 zoning district allows private schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan in the Land Use Element. The expansion of the school to offer an education from K-12 will provide additional educational opportunities for the surrounding neighborhoods and its residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. This Class I exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2018-01 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-01 as conditioned in Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but Is not limited to: the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 12th day of March, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson Resolution No. 2018-xx Page 3 of 5 75B-1 1 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 12, 2018. Date: Commission Secretary City of Santa Ana Resolution No. 2018-xx Page 4 of 5 75B-1 2 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-01 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 prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-69 and the staff report exhibits. 2. The site shall be maintained free from lifter and graffiti, including the landscaping areas and playground areas. 3. The premises shall be maintained as per approved plans. Any damage to the existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2018-xx Page 5 of 5 75B-1 3 311/2018 n ninital �o PmdtwN. All mhl, M�mPrl. http://apps.spaUalstream.com/producHon/dashboanV&a=wenfl3ugdlihtmM ru html 751P4 CUP No. 2018-01 for Citrus Springs Charter School 2121 N. Grand Avenue Exhibit 3 — Site Photo 75B-1 5 CUP No. 2018-01 for Citrus Springs Charter School 2121 N. Grand Avenue fill! I WII 5 if M �7- III 1P IQ I it T T k -T� it Exhibit 4 — Site Plan 75B-1 6 CUP No. 2018-01 for Citrus Springs Charter School 2121 N. Grand Avenue I F�� rj Exhibit 5 — Floor Plans 75B-1 7 75B-1 8 EXHIBIT B 450 4 CITRUS P rings CHARTER SCHOOL March 22, 2018 Mayor & Councilmembers City of Santa Ana 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Re: Citrus Springs Charter School Appeal Application Dear Honorable Mayor Pulido, Citrus Springs Charter School (Citrus Springs) currently operates a K-6 student center at 2121 N. Grand A venue in Santa Ana, serving 167 students locally and throughout the surrounding communities over the last four years. Citrus Springs is authorized by the Orange County Office of Education to serve the students of Santa Ana and is fully accredited by the Western Association of Schools and Colleges. Citrus Springs offers students and their parents a variety of learning programs, including the opportunity to work closely with a California credentialed Education Specialist to choose the right combination of personalized learning programs. Students can work independently and attend meetings with the Education Specialist weekly, while selecting academy classes, online foreign language, internships, and CTE courses. Citrus Springs was created to serve students from kindergarten through 12th grade and provide a number of at home options for 7-12th grades. However, parents and students have expressed the need for 7-12th grade classes to be offered at the student center. This is particularly necessary for our students that are English language learners and who require English language development from a qualified teacher, students with disabilities who require special education services, and those students who are struggling to meet grade level standards. Prohibiting their access to the student center denies them their right to an appropriate, free educational program. On January 4, 2018, Citrus Springs processed an application to the City of Santa Ana to modify its existing K-6 CUP to a K-1 2 CUP. Citrus Springs' staff has worked diligently with City staff to ensure all appropriate steps are taken to successfully serve Santa Ana residents and the surrounding communities in a K-12 capacity. Santa Ana planning department staff recommended approval without reservation. However, on March 12, 2018, the Planning Commission failed to approve the CUP application in a split 2:4:1 vote. On behalf of all Citrus Springs' students, parents, and staff, I respectfully request the Santa Ana City Council accept our Appeal Application to allow our student center to continue educating and preparing Santa Ana students for the future. Thank you for your consideration. Dr. Kathleen Hermsmeyer Superintendent Citrus Springs Charter School EXHIBIT C RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2018-02 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Dave Black ("Applicant"), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K-6 grade school at the property with a conditional use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit for private schools and colleges in the Single - Family Residential Zoning District. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party, individual or group to file an appeal. E. The City Council of the City of Santa Ana agrees with the Planning Commission decision and determines that all of the findings required for granting Conditional Use Permit No. 2018-01 pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, could not be made. Instead, the City Council determines that the following finding has been established for Conditional Use Permit No. 2018-01 regarding the operation of a K-12 school: Resolution No. 2018-xx Page 1 of 3 75B-21 That the proposed use will under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed K-12 school at this location will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed addition of 7-12 grade levels will be responsible for additional traffic congestion to and from the subject site onto Grand Avenue. 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 City Council of the City of Santa Ana after conducting the public hearing hereby denies Appeal No. 2018-02, and denies Conditional Use Permit No. 2018-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney % A, By: ZESa2�� Lisa -1jtorcK Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Miguel A. Pulido Mayor Resolution No. 2018-xx Page 2 of 3 75B-22 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 3 of 3 75B-23 75B-24 EXHIBIT D RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2018-02 AND REVERSING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 AS CONDITIONED AND ADDING ADDITIONAL CONDITIONS TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Dave Black ("Applicant'), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K-6 grade school at the property with a condibonal use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit ("CUP") for private schools and colleges in the Single -Family Residential Zoning District. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party. individual or group to file an appeal. E. The City Council of the City of Santa Ana 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 Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school: That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Resolution No. 2018-xx Page 1 of 5 75B-25 The proposed K-12 school will provide a service to the community. The school is a use that will support the adjacent church, residential, and other school uses in the vicinity. Citrus Springs has been offering the children of the community the opportunity to attend a K-6 school for more than 50 years. The proposed expansion of grade levels being offered at this campus will continue to contribute to the general well-being of the neighborhood and its children. 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 K-12 school at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the use is compatible with the neighborhood and has been a use that has co -existed with the church use for more than 50 years. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts on the neighborhood or the community. 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. The proposed expansion of the school grade levels being offered will result in a positive addition to the surrounding area by providing educational opportunities currently not being offered. The existing K-6 school and the Santa Ana United Methodist Church have recently undergone improvements to the site and will continue to provide additional on -site and off -site improvements as part of the project, therefore creating positive economic investment into the community. 4. That the proposed use will comply With the regulations and conditions specified in Chapter 41 for such use. The proposed K-12 school will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a private school. No physical expansion of the campus is proposed at this time and on -site improvements have already brought the parking and driveway into compliance with all applicable standards. Resolution No. 2018-xx Page 2 of 5 75B-26 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. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 1.8 encourages the development of nonprofit services, Policy 3.1 supports development which provides a positive contribution to the neighborhood character and identity, and Policy 5.6 encourages development that is compatible with and supporting of surrounding land uses. The R-1 zoning district allows private schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. The expansion of the school to offer an education from K-12 grade will provide additional educational opportunities for the surrounding neighborhoods and residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2018-21 will be filed for this project. Section 3. 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 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Appeal No. 2018-02, and approves Conditional Use Permit No. 2018-01, as conditioned in Exhibit A, which includes additional conditions added by the City Council, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. Miguel A. Pulido Mayor Resolution No. 2018-XX Page 3 of 5 75B-27 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: RZ, - z4c;-� Lisa Slorck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY 1. MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on — .2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 4 of 5 75B-28 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-01 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 prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division All proposed site improvements must conform to the Site Plan Review approval of DID No. 2015-69 and the staff report exhibits. 2. The site shall be maintained free from litter and graffiti, including the landscaping areas and playground areas. 3. The premises shall be maintained as per approved plans. Any damage to the existing structures, walls, parking areas, or landscaping must be repaired. ADDITIONAL CONDITIONS ADDED BY CITY COUNCIL: 4. 5. Resolution No. 2018-xx Page 5 of 5 75B-29 75B-30 EXHIBIT E RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2018-02 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Dave Black ("Applicant'), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K-6 grade school at the property With a conditional use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit for private schools and colleges in the Single - Family Residential Zoning Distdct. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party, individual or group to file an appeal. E. The City Council of the City of Santa Ana agrees with the Planning Commission decision and determines that all of the findings required for granting Conditional Use Permit No. 2018-01 pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, could not be made. Instead, the City Council determines that the following finding has been established for Conditional Use Permit No. 2018-01 regarding the operation of a K-12 school: Resolution No. 2018-xx Page 1 of 3 75B-31 That the proposed use will under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed K-12 school at this location will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed addition of 7-12 grade levels will be responsible for additional traffic congestion to and from the subject site onto Grand Avenue. 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 City Council of the City of Santa Ana after conducting the public hearing hereby denies Appeal No. 2018-02, and denies Conditional Use Permit No. 2018-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Miguel A. Pulido Mayor Resolution No. 2018-xx Page 2 of 3 75B-32 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana ResoluVion No. 2018-xx Page 3 of 3 75B-33 75B-34