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Home My WebLink About FULL PACKET_2015-10-20MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 6, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:16 p.m.) VINCENT F. SARMIENTO, Mayor Pro Tern (5:15 P.M.) ANGELICA AMEZCUA (5:21 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Tarune Dillon, et al. v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2015 - 00786940 CITY COUNCIL MINUTES 1 OCTOBER 6, 2015 1 0A -1 2. 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA); and Service Employees' International Union (SEIU) Full -Time Employees Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney and Clerk of the Council 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: - One Case CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:00 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 OCTOBER 6, 2015 1 0A -2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:03 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council NATHAN OLIVAREZ, ADVANCED LEARNING ACADEMY DOUG HARDIN, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Mark A. Waldo, Forensic Specialist I, Police Department PROCLAMATION presented by MAYOR PRO TEM SARMIENTO to Sandra Cervantes of Miniondas Newspaper in recognition of their 40th Anniversary. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Universal & L Festival in recognition of their upcoming Latin Cultural Festival. CITY COUNCIL MINUTES 3 OCTOBER 6, 2015 1 0A -3 PROCLAMATION presented by COUNCILMEMBER AMEZCUA to the Orange County Fire Authority for declaring October 4 -10 as Fire Prevention Week. OATH OF OFFICE - Administered by Clerk of the Council to Mike Tardif, Historic Resources Commission Member CLOSED SESSION REPORT — City Attorney Carvalho reported that Employee Evaluations were continued; staff direction was given on Labor Negotiations, and release of document was authorized pursuant to Public Records Act on Anticipated Litigation matter. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar items 10A through 31D, with the following modifications: • Mayor Pro Tem Sarmiento abstained on Agenda Item 19E out of an abundance of caution and due to real property in the area; • Councilmember Tinajero abstained on Agenda Item 31 A; • Mayor Pulido pulled Agenda Item 25C to allow speaker to address the City Council; • Councilmember Martinez dissented on Agenda Items 31A through 31 D; and • Councilmember Benavides dissented on Agenda Item 31 C. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion; CITY COUNCIL MINUTES 4 OCTOBER 6, 2015 1 0A -4 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 15, 2015 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING - In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE - ZONING ORDINANCE AMENDMENT NO. 2015 -03 TO UPDATE THE HOUSING OPPORTUNITY ORDINANCE TO ALLOW PAYMENT OPTION TO PIPELINE PROJECTS, ALLOW DEVELOPERS OF FOR -SALE UNITS THE OPTION OF RENTING OR SELLING, AND ALLOW PERMITTED CONCESSIONS TO DEVELOPERS OPTING TO PROVIDE INCLUSIONARY HOUSING UNITS {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Placed on first reading at the September 15, 2015 City Council meeting and approved by a vote of 7 -0. Legal notice published in The Notice (LASOC) on September 25, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2885 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1 } - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Finance, Economic Development & Technology 9/14/2015 Public Safety and Neighborhood Improvement 9/22/2015 Legislative (Cancellation Notice) 9/23/2015 Development and Transportation (Cancellation Notice) 10/1/2015 CITY COUNCIL MINUTES 5 OCTOBER 6, 2015 rl J 13B. NOMINATE DANIEL RAMIREZ TO THE ARTS & CULTURE COMMISSION BY COUNCILMEMBER A. AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A PARTIAL TERM EXPIRING DECEMBER 6, 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Appoint Daniel Ramirez, Ward 3 resident, to the Arts & Culture Commission (Replaces D. Gomez). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. PARK RANGER PROGRAM UPDATE {STRATEGIC PLAN NO. 1, 1) - Police Department MOTION: Receive and file. 19D. GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3, 2A} - Planning and Building Agency MOTION: Receive and file attached outline of the General Plan Update program. 19E. OC STREETCAR STATUS REPORT (NON - GENERAL FUND) {STRATEGIC PLAN NOS. 3,2C; 3,4B; 6, 1G} - Public Works Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. SPEC. NO. 15 -092 — CONTRACT AWARD FOR DOWNTOWN PARKING STRUCTURES LED LIGHTING RETROFIT, ON -BILL FINANCING PROGRAM AGREEMENT AND APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NO. 3, 413; 5, 2A and 6,1C, 2A} - Finance & Management Services CITY COUNCIL MINUTES 6 OCTOBER 6, 2015 1 0A -6 MOTION: 1. Authorize a one -time purchase and payment of purchase order to Pacific Lighting Management Inc. for downtown parking structures LED lighting retrofit in an amount not to exceed $208,352, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2015 -214 - Execute an agreement with Southern California Edison to provide funding through On -Bill Financing up to $184,092 upon the installation and completion of project, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -038 - Recognizing up to $184,092 in funding from Southern California Edison into the Parking Fund Miscellaneous revenue account and appropriating the same amount to the Parking Facilities Contract Services- Professional expense account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15 -078 - UPGRADES TO STORM WATER LIFT PUMPS FOR THE CIVIC CENTER PLAZA {STRATEGIC PLAN NO. 6, 1C} (Parks, Recreation & Community Services Agency) - Finance & Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Orange County Pump Corporation, in an amount not to exceed $83,000, subject to non- substantive changes approved by the City Manager and City Attorney. 228. SPEC. NO. 15 -100 - REPLACEMENT OF THREE CHEVY VANS WITH FORD F -250 TRUCKS {STRATEGIC PLAN NO. 6, 21 (Police Department) - Finance & Management Services MOTION: Authorize a one -time purchase and payment of purchase order to National Auto Fleet Group in an amount not to exceed $179,405, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 7 OCTOBER 6, 2015 1 0A -7 22C. SPEC. NO. 15 -091 - CISCO SMARTNET SUPPORT AND MAINTENANCE RENEWAL FOR EXISTING NETWORK INFRASTRUCTURE {STRATEGIC PLAN NO. 6, 1) - Finance & Management Services MOTION. 1. Reject the bid from Tredent Data Systems, Inc, as nonresponsive to the specification. 2. Award a contract to NetXperts, Inc. for Cisco SMARTNET in an amount not to exceed $35,750, subject to non- substantive changes approved by the City Manager and City Attorney. PROJECTSICHANGE ORDERS 23A. AWARD CONTRACT FOR BRISTOL STREET WATER MAIN REPLACEMENT: ALTON TO WARNER (PROJECT 146439) {STRATEGIC PLAN NO. 6, 1C) — Public Works Agency MOTION: 1. Award a contract to Vido Artukovich & Son, Inc., the lowest responsible bidder, for the construction of the Bristol Street water main improvements, Alton Parkway to Warner Avenue, in accordance with the base bid in the amount of $2,504,490 subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Cost Analysis for a total estimated project delivery cost of $3,255,800, which includes the contract base amount, administration, inspection, testing, and a 15 percent contractual contingency of $375,673 subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2015 -215 - ARTIST GRANT AGREEMENT WITH ALBERT LOPEZ, JR. {STRATEGIC PLAN NO. 5, 5131 - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Albert Lopez, Jr., a recipient of the 2015- 16 Investing in the Artist Grant in an amount of $10,000 as recommended by the Arts & Culture Commission, subject to non- CITY COUNCIL MINUTES 8 OCTOBER 6, 2015 1 0A -8 substantive changes approved by the City Manager and the City Attorney. 2513. AGMT NO. 2015 -216 - DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION {STRATEGIC PLAN NO. 5, 4) - City Manager's Office 25C. 25D MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Templo Calvario Community Development Corporation for a one -time donation amount of $1,500, subject to non - substantive changes approved by the City Manager and the City Attorney. The following spoke on the matter: Leonel Velazquez Rodriguez, volunteer at Delhi Center, thanked the City Council for support over the years; requested park improvements including parking, lighting and restroom facilities; submitted petitions from area residents for consideration. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement in an amount of $200,000 with the Delhi Center for the period of October 6, 2015 through March 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PLAN CHECK SERVICES {STRATEGIC PLAN NO. 3, 31 - Planning and Building Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute the following agreements in an amount of $125,000 per CITY COUNCIL MINUTES 9 OCTOBER 6, 2015 1 0A -9 consultant with an aggregate amount not to exceed $500,000 for a three -year term expiring on October 6, 2018, subject to non - substantive changes approved by the City Manager and City Attorney: • AGMT NO. 2015 -218 -Scott Fazekas & Associates, Inc. • AGMT NO. 2015 -219 - CSG Consultants, Inc. • AGMT NO. 2015 -220 - Century Structural Engineering Co., Inc. • AGMT NO. 2015 -221 - J Lee Engineering Inc. 25E. AGMT NO. 2015 -222 - SHARING CONSULTANT COSTS FOR 2015 URBAN WATER MANAGEMENT PLAN (NON- GENERAL FUND) {STRATEGIC PLAN NOS. 5, 2 & 6, 1) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal Water District of Orange County, subject to non - substantive changes approved by the City Manager and City Attorney, for the preparation of the 2015 Urban Water Management Plan in an amount not to exceed $40,000. 25F. AGMT NO. 2015 -223 - COMPUTER WATER MODELING SERVICES (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with IDModeling Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring October 8, 2018, in an amount not to exceed $150,000 annually, for a total not to exceed amount of $450,000. 25G. AGMT NO. 2015 -224 - WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with EEC Environmental, subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring October 5, 2018, with provisions for one 2 -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 annually, for a total not -to- exceed amount of $1.5 million, including the renewal option. CITY COUNCIL MINUTES 10 OCTOBER 6, 2015 1 0A -10 MISCELLANEOUS - BUDGET 29A. AUTHORIZE PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR STREET LIGHT IMPROVEMENT IN THE TOWNSEND RAITT NEIGHBORHOOD ON TOWNSEND STREET AND ALLEYWAYS EAST AND WEST OF TOWNSEND STREET, FROM MONTE VISTA AVENUE TO MCFADDEN AVENUE {STRATEGIC PLAN NO. 5, 4D} - Community Development Agency MOTION: Authorize a one -time payment to Southern California Edison in an amount of $39,294.56. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -52 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR AT &T AT 2500 SOUTH FAIRVIEW STREET — CORTEL, LLC, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on September 14, 2015, by a vote of 6 -0 (Alderete absent). Councilmember Martinez recorded a "No" vote on matter and Councilmember Tinajero abstained due to proximity to his residence. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -52 as conditioned. 31 B. CONDITIONAL USE PERMIT NO. 2015 -15 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 2- FISHERMEN GRILL LOCATED AT 2321 EAST FOURTH STREET, UNIT G — ALEX WOO, APPLICANT {STRATEGIC PLAN NO, 3, 2) - Planning and Building Agency Planning Commission approved recommended action on September 14, 2015, by a vote of 6 -0 (Alderete absent). Councilmember Martinez recorded a "No" vote on matter. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -15. CITY COUNCIL MINUTES 11 OCTOBER 6, 2015 1 0A -11 31 C. CONDITIONAL USE PERMIT NO. 2015 -06 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR SPRINT PCS AT 2116 WEST MONTE VISTA AVENUE — ALEXANDER LEW, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on August 24, 2015, by a vote of 5 -0 (Gartner & Nalle absent). Continued from the September 15, 2015 City Council meeting by a vote of 7 -0. Councilmembers Martinez and Benavides recorded a "No" vote on matter. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -06 as conditioned. 31 D. CONDITIONAL USE PERMIT NO. 2015 -16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 NORTH TUSTIN AVENUE — CORE DEVELOPMENT SERVICES, APPLICANT {STRATEGIC PLAN NO. 3,2 - Planning and Building Agency Planning Commission approved recommended action on August 24, 2015, by a vote of 5 -0 (Gartner & Nalle absent). Continued from the September 15, 2015 City Council meeting by a vote of 7 -0. Councilmember Martinez recorded a "No" vote on matter. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -16 as conditioned. * *END OF CONSENT CALENDAR ** PUBLIC COMMENT - AGENDA ITEM TAKEN OUT OF ORDER • Andres Hernandez, representing Santa Ana Blue Devils, indicated that they are a non - profit organization with year -round recreational basketball team in the City of Santa Ana; seek support in locating facility to hold training and games. • Javier Morales, Assistant Coach of Blue Devils, requested City support to continue to opening fields and opportunities for basketball players. o Councilmember Tinajero asked to meet with team and assist in identifying basketball courts in Ward 6. • Rodrigo Ramirez, commented on positive impact sports has had on his life. • Dora Lopez, spoke on behalf of Santa Ana Healthy Neighborhoods Alliance and the Community United for Environmental Justice, spoke of proposal submitted for CITY COUNCIL MINUTES 12 OCTOBER 6, 2015 1 0A -12 surplus funds; requested consideration for well -lit trail along Pacific Electric Right of Way and other considerations included in petition. • Ginelle Hardy, member of Santa Ana Healthy Neighborhoods Alliance, summarized goals and objectives of organization. • Michael Klubosklin, concerned with conservatory services (of Regional Center of Orange County) and prosecuted by County of Orange District Attorney's Office. • Rene Guzman, requested assistance in identifying tennis courts for senior citizens. • Mayor Pro Tern Sarmiento, noted that tennis courts proposed to be repaired with surplus funds; contact City staff for assistance. . • Councilmember Amezcua, indicated that Park Santiago may have courts available. • Steve Rocco, spoke of recall efforts. • Nancy Mejia, spoke on behalf of Healthy Alliance, encouraged consideration of proposal submitted at the previous City Council meeting. • James Kendrick, requested status for lowering speed along Broadway Ave.; noted recent traffic accidents; also, noted that bus shelters and 5 freeway underpass along 17th Street not safe. o Councilmember Martinez, need to create safe options for consideration. • Jonathan Hernandez, Executive Director of the Santa Ana Unidos Boxing Gym, request funding assistance to continue to provide free services to community — contact 714 818 -8012 or mail to 300 W 2nd Street #456, Santa Ana. • Alex Martinez, spoke of personal challenges; seek support for Santa Ana Boxing Gym. • Victor Payan, invited all to Opening Night of Orange County Film Festival. BUSINESS CALENDAR ITEMS REPORTS 65A. APPROVE 2016 CALENDAR OF CITY COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Continued from the September 15, 2015 City Council meeting by a vote of 6 -0 (Reyna absent). MOTION: 1. Approve the 2016 Calendar of regularly scheduled City Council and Council Committee meetings. 2. Cancel any of the following regularly scheduled City Council meetings, including but not limited to: • January 5, 2016; CITY COUNCIL MINUTES 13 OCTOBER 6, 2015 1 0A -13 • July 19, 2016 • November 1, 2016 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) *Councilmember Benavides abstained on Agenda Item 65B due to conflict of interest (business involvement with application process). 65B. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATION PROCESS FOR FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NO. 5, 4) - Community Development Agency The following spoke on the item: • Dr. Ana Jimenez, spoke in support of continued funding for organization. Staff report presentation by Community Development Agency Executive Director Kelly Reenders: CDBG Program and Purpose • US Department of Housing and Urban Development (HUD) • Develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income • Provides flexibility to address a wide range of community needs — 15% may be used for public services Projected Allocation FY 2016 -17 • Estimated CDBG Reduction of 2.5%: $5,298,515 • Public Service (15% Cap): $794,777 • $331,500 available for Nonprofits • $463,277 available for City public services • General Funding needed to maintain FY14 -15 & 15 -16 service levels for City public services: $370,751 CITY COUNCIL MINUTES 14 OCTOBER 6, 2015 1 OA -14 Good News — Funding has been identified in the forecast to maintain these levels. Funding Ideas for FY 2016 -17 # 1 • Award FY 2015 -16 CDBG funded nonprofits for a second year • Benefits • Addresses the learning curve of nonprofits • Opportunity to enhance programs or services • Additional time for nonprofits to leverage resources Funding Ideas for FY 2016 -17- Current Nonprofit Organization Programs • America On Track - Brighter Futures for Children of Prisoners • Council On Aging - Medicare Benefits Enrollment Center • KidWorks - Cedar Evergreen Community Center: University Starts Now • Public Law Center - Healthy & Livable Mobile Homes and Apartments Funding Ideas for FY 2016 -17 - Current City Programs • Police Department - Police Athletic & Activity League (SAPAAL) • Parks, Recreation & Community Services Agency- After - School Homework Help and Tutoring Program • Parks, Recreation & Community Services Agency - Senior Health and Nutrition Program Funding Ideas for FY 2016 -17 - #2 • Conduct a new application process to award 2016 -17 CDBG public service funds • Release online application • Initial staff review for eligibility • Community Redevelopment and Housing Commission (CRHC) rating and recommendations • City Council consideration • Benefits Opportunity for new programs to apply for funds Funding Ideas for FY 2016 17 Sample Funding Timeline ..... ......... . Timeframe Action NOV 2015 DEC 2015 1 Application Period (6 weeks) / Online Application NOV 2015 & DEC 2015 Three Mandatory CDBG Subrecipient Training .... ....... .... DEC 2015 Application deadline and staff review for CDBG ......... eligibility ......... ......... ......... DEC 2015 JAN 2016 Community Redevelopment and Housing Commission (CRHC) Application Review .... JAN 2016 Nonprofit presentations before CRHC FEB 2016 ... CRHC Funding Recommendations ..... ..... ..... MAR 2016 ... .... Council Approval ... ..... ................. ........ . ... .. CITY COUNCIL MINUTES 15 OCTOBER 6, 2015 1 0A -15 Funding Ideas for FY 2016 -17 - #3 Conduct a modified process recommended by the City Council. MOTION: Approve allocation process for Community Development Block Grant public service funds for Fiscal Year 2016 -2017, as follow: Allocate funds to current Community Development Block Grant programs for a second year (Option #1). MOTION: Martinez VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: PUBLIC HEARING SECOND: Tinajero Amezcua, Martinez, Pulido, Reyna, Sarmiento, Tinajero (6) None (0) Benavides (1) None (0) 75A. RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 205 WEST CIVIC CENTER DRIVE (GENERAL FUND) {STRATEGIC PLAN NOS. 3, 5A) - Community Development Agency and City Attorney's Office Legal Notice published in The Notice (LASOC) on September 25, 2015. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2015 -057 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING NEGOTIATION FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 205 WEST CIVIC CENTER DRIVE MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 16 1 0A -16 OCTOBER 6, 2015 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. PARTNER AND CO -BRAND WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SLAG) "GO HUMAN" MARKETING CAMPAIGN TO HELP REDUCE TRAFFIC COLLISIONS AND ENCOURAGE RESIDENTS TO WALK AND BIKE SAFELY IN SANTA ANA - Councilmember Martinez MOTION. Support partnership and co- branding efforts. MOTION: Martinez SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 7:46 P.M. TO THE HOUSING AUTHORITY MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 7:47 P.M. AND RECONVENED THE CITY COUNCIL MEETING AT 7:47 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A. CITY MANAGER'S COMMENTS - City Manager Cavazos announced poster contest for water conservation. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: Thanked residents for meeting water reductions. Councilmember Reyna: Urged all to continue saving water; CITY COUNCIL MINUTES 17 OCTOBER 6, 2015 1 0A -17 • Invited all to upcoming high school leadership conference to be held over the weekend; and • Halloween approaching, asked all to be safe and shop in Santa Ana. Councilmember Benavides: • Thanked all who participated in meeting; and • Shop in Santa Ana! Councilmember Martinez: • Reported that she traveled to San Jose to represented City at League of California Cities Annual Conference; informative conference. • SOMOS event scheduled for November 8th; encouraged all to attend Open Streets event; and • National Walk to School Day tomorrow; be safe. Councilmember Tinajero: • Asked City Manager and Parks Director to schedule communication topic on PREY Council Committee; • Thanked Councilmember Martinez for remembering National Teacher Day; thanked educators for efforts; and • Attended Hispanic 100 Event; many youth recognized at event. Mayor Pro Tern Sarmiento: • Remind all that we need to manage expectations of surplus funds; need to address unfunded liability and deferred maintenance issues. Mayor Pulido: • Requested adjournment in memory of John Dieball and Agustin Sosa. ADJOURNED - 7:59 p.m. — The next meeting of the City Council is scheduled for Tuesday, October 20, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of John A. Dieball and Agustin Sosa Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure Project • Community Engagement Plan • General Plan Update CITY COUNCIL MINUTES 18 OCTOBER 6, 2015 1 0A -18 THURSDAY, OCTOBER 1, 2015 4:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager & Maria Huizar, Clerk of the Council PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. APPROVE MINUTES OF THE NOVEMBER 13, 2014 REGULAR MEETING {STRATEGIC PLAN NO. 5, 1} 2. CONTINUED DISCUSSION AND RECOMMENDATIONS ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS 3. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 4. DISCUSS CODE PROVISIONS AND CAMPAIGN CONTRIBUTION LIMITS ON LEGAL DEFENSE ACCOUNTS ®If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for �.s accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tom, Ward 1 Ward 2 MPU11do0 to en Vsa,mentoroms a'aneom MMVtllnez!@sana an City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714- 647 -6900 • A Angelica Amezcua, Ward 3 AAmezaua0—a- ana om s P.O. Box 1988 aenda Item Inquirk 13A -1 P. David Benavldes, Roman Rayne, Sal Tinajero, Ward Ward Ward DBenav deala>sa a n RRevnar—t. STlnal@mRsa • Santa Ana, California 92702 s: 714 -647 -6520 • Website: www.santa- ana.oro ` CITY OF SANTA ANA fx' SPECIAL MEETING OF THE �' CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE THURSDAY, OCTOBER 1, 2015 4:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager & Maria Huizar, Clerk of the Council PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. APPROVE MINUTES OF THE NOVEMBER 13, 2014 REGULAR MEETING {STRATEGIC PLAN NO. 5, 1} 2. CONTINUED DISCUSSION AND RECOMMENDATIONS ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS 3. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 4. DISCUSS CODE PROVISIONS AND CAMPAIGN CONTRIBUTION LIMITS ON LEGAL DEFENSE ACCOUNTS ®If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for �.s accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tom, Ward 1 Ward 2 MPU11do0 to en Vsa,mentoroms a'aneom MMVtllnez!@sana an City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714- 647 -6900 • A Angelica Amezcua, Ward 3 AAmezaua0—a- ana om s P.O. Box 1988 aenda Item Inquirk 13A -1 P. David Benavldes, Roman Rayne, Sal Tinajero, Ward Ward Ward DBenav deala>sa a n RRevnar—t. STlnal@mRsa • Santa Ana, California 92702 s: 714 -647 -6520 • Website: www.santa- ana.oro DISCUSSION AND POSSIBLE ACTION RELATED TO STATE REQUIRED AB 1234 MANDATORY ETHICS TRAINING BY CITY ELECTED AND APPOINTED OFFICIALS {STRATEGIC PLAN NO. 5, 11 COMMITTEE MEMBER COMMENTS {STRATEGIC PLAN NO. 5, 11 ADJOURNMENT — Next regularly scheduled meeting is November 19, 2015 13A -2 MINUTES OF THE REGULAR MEETING OF THE CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE NOVEMBER 13, 2014 Meeting Convened at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza Santa Ana, CA at 5:10 p.m. In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair and Staff members Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk of the Council. PUBLIC COMMENTS — None AGENDA ITEMS APPROVE MINUTES FROM THE SPECIAL MEETING HELD SEPTEMBER 25, 2014 Motion by Tinajero, seconded by Amezcua to approve Minutes. Motion carried. 1. DISCUSSION AND RECOMMENDATION ON CITY COUNCIL POLICY AS IT RELATES TO BROWN ACT VIOLATIONS AND SANCTIONS (MATTER CONTINUED FROM THE FEBRUARY 27, 2014 AND SEPTEMBER 25, 2014 MEETINGS) City Attorney Carvalho suggest committee members review the policies by the cities of San Jose and Los Angeles and reschedule special meeting to further discuss. 2. DISCUSSION AND STAFF DIRECTION: VIOLATION OF SANTA ANA MUNICIPAL CODE § 2 -211 RE: USE OF CITY EMBLEM (SEAL AND LOGO) FOR ELECTION CAMPAIGN PURPOSES Chair Amezcua requested formal warning letter be sent to Mayor Pulido for violating the City Code. Committee member Tinajero noted violation is also conflict with Section 4 of the Code of Conduct and Ethics Minutes of the Code of Conduct and Ethics Committee Page 1 November 13, 2014 13A-3 3. COMMITTEE MEMBER COMMENTS Committee member Tinajero noted credibility it brings to Committee. Chair Amezcua reminded all that Code of Conduct and Ethics is value based and need to hold each other accountable. ADJOURNED — 5:23 p.m. Maria D. Huizar Clerk of the Council Minutes of the Code of Conduct and Ethics Committee Page 2 November 13, 2014 13A-4 CITY OF SANTA ANA (D COUNCIL COMMITTEE SPECIAL MEETING It[el4kiU e DEVELOPMENT AND TRANSPORTATION COMMITTEE WEDNESDAY, OCTOBER 14, 2015 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vincent Sarmiento, Chairperson Michele Martinez, Vice Chairperson David Benavides Recording Secretary: Rosa Barela PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes A. April 2, 2015 Meeting B. June 25, 2015 Special Meeting 2. Streetcar Project Update — David Cavazos {Strategic Plan Nos. 6, 1G; 3, 2C) 3. Update on Willowick — David Cavazos {Strategic Plan No. 3, 5A) 4. Third & Broadway Project Update — Hassan Haghani {Strategic Plan No. 3, 5A) 5. Ordinance Amending Chapter 39 of the Municipal Code to Define Sewer Lateral Ownership - Nabil Saba {Strategic Plan No. 6, 1) 6. 2015 Sewer System Management Plan Audit — Nabil Saba {Strategic Plan No. 6, 1 F) 7. 17th Street Grade Separation and SR55 Freeway Widening from 1405 to 15 — Jason Gabriel {Strategic Plan No. 6, 1 E; 6, 1 G} 8. Zoning Code (SAMC Ch. 41) Streamlining Amendments /Reformatting Overview — Hassan Haghani {Strategic Plan No. 3, 2B) 9. Second Dwelling Unit Ordinance Upcoming Amendments — Hassan Haghani {Strategic Plan No. 5,31 10. Project W: Safe Transit Stops Follow -up - Action: Request approval to move forward with Recommendations /Bid Advertisement — Suzi Furjanic {Strategic Plan No. 6, 1 G) INIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Mlguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, I Angelica Amezcua, I P. David Benavides, i Roman Reyna, i Sal Tinajero, Mayor j Mayor Pro Tom, Ward 1 Ward 2 Ward 3 j Ward 4 Ward 5 j Ward 6 MPUldoRsan -an— VSa ento ®senfe MMMT.Psanta.ana.or g r, i STlnale o(NSanlaana om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 • Agenda Item Inquiries: 714 -647 -6520 • Website: www.santa- ana.ora 13A -5 STAFF COMMENTS COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next meeting is scheduled for Thursday, January 7, 2016 at 5:00 p.m. The complete Strategic Plan document is available at httR.j www.santo- ana.ora/etrategic- planning/ DEVELOPMENT & TRANSPORTATION COMMITTEE AGENDA 2 OCTOBER 14, 2015 13A -6 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes April 2, 2015 CALL TO ORDER The meeting was called to order at 5:04 p.m. in Room 1600 of the City Hall Ross Annex KNil ii, i sT The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Kelly Reenders, Executive Director/ Community Development Agency; Fred Mousavipour, Executive Director /Public Works Agency; Vince Fregoso, Interim Executive Director /Planning & Building Agency; Robert Cortez, Special Asst. to the City Manager; William Galvez, City Engineer; Nabil Saba, Water Resources Manager; Jorge Garcia, Senior Management Assistant; Alma Flores, Senior Management Assistant; Matt Foulkes, Senior Management Analyst; Verny Carvajal, Acting Planning Manager; Captain James Schnabel, P.D.; and Rosa Barela, PBA Executive Secretary. Z114,TIKO • 1i i 1W0r.7�W AGENDA ITEMS 1. APPROVAL OF MINUTES — February 26, 2015 Special Meeting Motion by Vice Chair Martinez and seconded by Chairman Sarmiento to approve the minutes and approved unanimously by a vote of 2:0 (Benavides abstained). Chairman Sarmiento recused himself from discussion and departed at 5:06 p.m. Vice Chair Martinez then chaired meeting. 2. STREETCAR PROJECT UPDATE {Strategic Plan Nos. 6,1G; 3,2C) David Cavazos provided a brief update on the Streetcar Project noting the Federal Transit Administration issued a Finding of No Significant Impact (FONSI) and are good to move forward, noted staff is working with the Orange County Transit Authority (OCTA) on a Memorandum of Understanding, noted OCTA hired HCR as program manager to put together design documents to move forward with the selection of a firm and stated the project will receive federal funding. Mr. Cavazos noted OCTA will be the lead agency which was approved by their Board of Directors to handle project development, engineering, construction, operations and maintenance; and the next step is focusing on the process to select design firms which may take a year and a half to design, two to three years for construction with the completion in 2019/2020. 13A -7 Vice Chair Martinez noted if eligible to apply for Title 7 funding and any other light rail funding available through OCTA and the state's Cap & Trade; noted to work with lobbyists, adding the city needs to do whatever it can to help move project along and trying to reduce greenhouse gas emission. Mr. Cavazos noted staff will provide a memo for the Council at the next meeting on the plans for financing. 3. UPDATE ON YMCA EXCLUSIVE NEGOTIATING AGREEMENT {Strategic Plan No. 3, 5A} David Cavazos noted there is no update on Item 3. Chairman Sarmiento returned at 5:14 p.m. 4. THIRD & BROADWAY UPDATE — DEVELOPER SELECTION PANEL RESULTS AND NEXT STEPS (Strategic Plan No. 3, 5A) Kelly Reenders provided an update on the Third & Broadway development project noting in response to the Request for Qualifications (RFQ), six firms had interest and four firms interviewed on February 6. She introduced the highest rated firm OliverMcMillan and invited Dan Nishikawa, Senior Managing Director, and Zach Adams, Senior Project Manager, to provide an overview of their firm and answer any questions. Dan Nishikawa provided background information on their firm headquartered in San Diego, noted they have two lines of business one being large mixed -use projects and the other urban residential infill, and briefly discussed projects they are working on and those completed. He noted they have received more than 40 design awards, has financial partners and has also done adaptive reuse projects; noted one process for projects is to conduct a Charrette and bring all the stakeholders, city officials, community members, land owners, designers and architects together. Zach Adams discussed the project concept for 3rd & Broadway noting a podium project similar to EV project in downtown San Diego and SALT project in Tempe, Arizona which fits in with the urban street with retail on the ground level and residential above. Mr. Cavazos noted the city expects at least two levels of below grade public parking and anything built below grade will be for the project with no parking requirement; and noted the project can go as high as the Ronald Reagan Federal Courthouse. He noted that 011verMeMillan was rated the highest based on their experience, track record, and urban focus, and requested the committee's input to enter into an exclusive negotiation agreement to continue discussions. Committee member Benavides noted this parcel is one of the last significant parcels the city owns and is located in the core center of activity, the revitalization of the city and wants to see some type of legacy signature project there, noted the downtown is increasing as a destination and anticipate more so on the hospitality and looking at a hotel component in the area. Development & Transp. Council Committee Minutes 2 April 2, 2015 13A -8 13 Mr. Nishikawa noted they have previously done hotel projects and after conducting studies and speaking to hotel partners, they did not feel it is ready for a hotel at this point; noted they reviewed all options and see a demand for good institutional grade apartments; noted a hotel would be a great amenity for the city in the future; and noted project financing is important and are proposing something they believe could be financed. Vice Chair Martinez noted they would like something signature and iconic, noted initial conversations of wanting to look at a boutique hotel with 100 -150 rooms which would be a community benefit, noted the city is the County seat with the jurors and legal services that come adding downtown business owners have commented they would like to see a hotel. Chairman Sarmiento commented the committee is happy to talk about doing something exciting in the downtown and discuss additional pedestrian and fixed guideway traffic; provided background information on the RFQ; noted they were looking at a project that had muti -uses to it and multi - levels with one being a hotel; asked that Mr. Cavazos continue discussions with OliverMcMillan and city's consultant Larry Kosmont to see if something can be adjusted. COMMUNITY ENGAGEMENT PLAN UPDATE {Strategic Plan No. 5, 3A} Vince Fregoso provided brief update on the Community Engagement Plan noting it is a tool to help expand information and create opportunities for stakeholders to be involved in the public decision making process for projects. Proposals were received last year and assembled external and internal raters to review with interviews in February, met with the top two firms in March, and based on interviews staff recommends Katherine Padilla & Associates (KPA) as the firm to prepare the Engagement Plan adding they have a wide variety of experience in community engagement and has worked with various municipalities including the LA Transit Authority, CalTrans, USG and as well as cities of LA, Pasadena, Glendale & South Gate. Mr. Fregoso noted they have also worked on Santa Ana's Complete Streets Plan on the outreach component and are looking to bring the contract to Council in May and complete the document by the fall of this year. Vice Chair Martinez advised staff to get the scope of work prior to verify what they will be doing, noting community engagement goes beyond development and how we communicate & engage and use technology; and requested to review the work plan. DISCUSSION ON THE EXTENSION OF THE METRO EAST MIXED USE OVERLAY ZONE {Strategic Plan No. 5, 1A; 5, 1 H; 3, 2A; 3,213) Vince Fregoso noted there has been some discussions on parcels on East First Street and the options of rezoning the corridor. He provided background information on the Metro East Mixed Use Overlay Zone that was approved in 2007 which includes East First Street with the boundaries of First Street on the south to 6th Street to the north, the 1 -5 Freeway to the west and Tustin Avenue to the east; noted an overlay zone means the current zoning stays in place and current uses continue to operate and if someone proposes a residential project they can activate this Development & iransp. Council Committee Minutes 13X-9 April 2, 2015 overlay zone which requires the demolition of buildings on the site and construction of a new building. He discussed two projects in the zone, the Lyon Project at "Nineteen 01" at the old Racquetball World site and the other north of the Xerox building, The Madison; noted the three different districts which include the Active Urban District, Village Center District and Neighborhood Transitional District. He noted inquiries of development which include the Elks and Zoo and the vacant Saddleback Lodge parcel and the possibility of residential at the location; noted our Housing Element considers these areas viable for residential and can accommodate by establishing an overlay zone. He commented the need to get a consultant on board to prepare a study to determine if standards are still applicable and the need for an environmental impact report, noting with the various outreach meetings and public hearings the process would take approximately 12 -18 months. Chairman Sarmiento recommended looking at extending the Metro East Overlay Zone to incorporate the First Street Corridor from the 1 -5 Freeway to Grand Avenue which will address many issues with respect to problems with spot zoning and having to create special districts; noted to use whatever tool to accelerate the process; and for those who have applications submitted to consider a competitive bidding process for affordable housing developments with an RFQ or RFP, and to include housing for veterans. Vice Chair Martinez inquired how this would play into the big picture in our land use and zoning as General Plan is updated and noted as we move forward the need to be careful how we plan our future, land use and zoning will dictate that and to look at fiscal and infrastructure impacts as we move forward; noted the need to have a balance of residential and commercial owners; and noted the importance of having the discussions with developers on making sure their projects will be bike, pedestrian and dog friendly. Mr. Fregoso noted anything done with the zoning needs to be consistent with the General Plan, adding the overlay zone is consistent with the General Plan which is a District Center high intensity area that was designated years ago, noted the overlay zone and the density fits in perfectly with the project; the fiscal and infrastructure impacts part of a document will be prepared in conjunction with the EIR which will capture all types of impacts such as traffic, parking, circulation, public safety, and public services. Committee member Benavides agreed moving along with the overlay zone and suggested to consider extending the overlay zone towards the downtown to Broadway; also noted Fourth Street has older residential homes that can be grazed and reused and also Fourth Street west of Grand Avenue has underutilized parcels. i. DROUGHT UPDATE {Strategic Plan No. 5, 6F} George Garcia, Republic Homes Neighborhood Association representative, noted the city should remove all the grass from all the medians in order to conserve water and suggested the city create a free seed program so residents can grow their own food and use water to their best benefit and noted the city is also losing water in the jails. Development & Transp. Council Committee Minutes 13A -10 April 2, 2015 Nabil Saba provided an update on the water drought and conservation which included the Governor's Executive Order to achieve statewide 25% reduction, the emergency regulations, water supply conditions and Santa Ana's conservation efforts. Discussed the reduced usage of residential customer use by 14 -16% in December & January, the 25% reduction mandated by the State, the prohibition of irrigation of potable water on ornamental turf on public streets, noted the city has a two -tier water rate structure with penalties for exceeding the target reduction, and reviewed the emergency regulations timeline. Noted the need to add to the ordinance to prohibit irrigation during and 48 hours after measurable rainfall, discussed the fines for non - compliance, the water supply allocation with the Orange County Water District (OCWD) and Metropolitan Water District (MWD), noted the population trend low per capita water use and various water conservation efforts which includes new ways to report water wasting and joined other water agencies on outreach and rebate programs. Staff recommends that the city remain at Water Shortage Level 1 which was declared earlier last year with penalties, coordinate with regional water entities on implementation of the Executive Order and continue with outreach and update the Water Conservation Ordinance. Committee member Benevides left the meeting at 6:39 p. m. and did not return. Chairman Sarmiento noted we as city should be grateful to residents that we conserve at a much higher rate than our counterparts, we have own ground water wells and imported water we rely on, and the OCWD recycling system GWRS (Groundwater Replenishment System) we benefit from and noted the discussion on a desalination plant in Huntington Beach. Mr. Saba noted staff will be evaluating medians with assistance from MWD on converting medians to low drought tolerant landscaping. Vice Chair Martinez noted the need to include a water element into the general plan which will be vital as we move forward. Noted concern of irrigation use by the SALISD and Santa Ana College and suggest to partner with them on steps to help reduce water consumption and use recycled water for irrigation; and noted the need to do more outreach on the Channel 3 in all three languages. Chairman Sarmiento noted the opportunity for education on recycling and conserving water with the SA Zoo trying to partner with OCWD, Discovery Science Center and Friends of the Santa Ana Zoo to rehabilitate Amazon's Edge. 8. DISCUSSION ON THE PROPOSED CAPITAL IMPROVEMENT PROGRAM/ TRANSPORTATION COMPONENT (Strategic Plan Nos. 3,2C; 3,4A; 5, 66; 6, 1 B; 6, 1 C) William Galvez provided an update on the Transportation Component of the Capital Improvement Program focusing on the street and traffic improvements. Reviewed the $16.7 million budgeted in street improvements which include planning, streetscape improvements; curb, gutter & sidewalk improvements; alley Development & 7ransp. Council Committee Minutes 13A-1 1 April 2, 2015 rehabilitation; neighborhood street rehabilitation; local street rehabilitation; arterial street rehabilitation; arterial street rehabilitation; street/bridge improvements and widening; and $11.6 million for traffic improvements including planning, traffic improvements and traffic safety /mobility improvements. He noted staff has identified a long list of unfunded projects which include infrastructure improvements, park projects as a result of master planning for parks, storm drains and sewer improvements with anticipated cost and will start pursuing funding for these projects. Staff will be providing council with a Capital Improvement Project Tracking summary of existing projects with status of projects. Vice Chair Martinez requested a list of the unfunded projects for active transportation adding the need to apply for as many grants as possible including the CalTrans ATP (Active Transportation Program) which is going the second round of funding, and TIGER (Transportation Investment Generating Economic Recovery). COMMITTEE MEMBER COMMENTS - None 00191110014111 Rosa Barela Recording Secretary Planning & Building Agency rb:Cauncil CommTevei & Transp CC04 -02 -15 Devel & Transp CC Minutes Development & Transp. Council Committee Minutes 9 April 2, 2015 13A -12 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes June 25, 2015 CALL TO ORDER The meeting was called to order at 5:01 p.m. in Room 1600 of the City Hall Ross Annex. ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Kelly Reenders, Executive Director/ Community Development Agency; Fred Mousavipour, Executive Director /Public Works Agency; Hassan Haghani, Executive Director /Planning & Building Agency; Lisa Storck, Assistant City Attorney; Ryan Hodge, Assistant City Attorney; William Galvez, City Engineer; Nabil Saba, Water Resources Manager; Jason Gabriel, Principal Civil Engineer; Kenny Nguyen, Senior Civil Engineer; Melanie McCann, Associate Planner; Lorrie Ortiz, PWA Executive Secretary, PUBLIC COMMENTS Madeleine Spencer summarized a letter that had been previously distributed concerning the Warner Avenue Improvement project, requesting a delay to include residents, and asking the City to increase the scope of the project and assure an inclusive process, specifically to include a resident right -of -way panel that is equal to the number of city staff. Robert Duncan, Caribou Industries, referenced agenda Item 3, Third Street Promenade; highlighted a few items that were previously submitted; showed a proposed development and a revised aerial photo of a development on Third Street, and two adjacent properties to be acquired. He stated that a hotel is being proposed and that all opportunities are being explored; a meeting is planned with a partner that specializes in affordable housing. AGENDA ITEMS Items taken out of order to accommodate schedules 6. HOUSING OPPORTUNITY ORDINANCE The City Manager provided Committee members with information concerning adaptive re -use, and recommended a moratorium of new projects; noting that it would be best to also place a moratorium on the Housing Opportunities Ordinance. He advised that authority exists to waive and clarify development fees. The Executive Director of Planning & Building, Hassan Haghani, summarized components of the Housing Opportunities Ordinance that was adopted in 2011, and referenced in the 2014 Housing Element; which requires 15 percent of new housing to be affordable; and applies to zone changes that result in residential density 13A -13 increases. He stated his concern that the ordinance may constrain historic adaptive re -use of buildings and alternatives to construction; and treats new and existing development the same even when economics may vary, which may be an impediment to developers in considering affordable housing. The ordinance does not currently provide options to provide affordable housing units instead of in lieu fees, and limits alternatives that may be considered. Possible modifications were provided in the presentation, including exemptions to projects approved prior to the adoption of the original ordinance; exempt adaptive re -use from the ordinance requirement; provide for off -site construction of units; allow rehabilitation of off -site units; remove Takings Determination; apply the ordinance only to those conversions that exceed the density permitted in the General Plan; allow an in -lieu fee option up to 50 units instead of the current 20 units; simplify the in -lieu fee calculation to $5 per square foot; and re- evaluation of the matter in 3 years. He clarified potential options including modification of the existing ordinance; or a short moratorium to prepare another ordinance and establish an interim ordinance; or do nothing. Councilmember Benavides noted that quality, accessible and mixed income housing is important, and appreciates staff's efforts to modify issues. He suggested incentives to developers that propose mixed income developments. Councilmember Martinez called attention to the county's changing demographics and that people are leaving due to transportation and housing affordability; and specified that the needs of the community must be taken into consideration. Mayor Pro Tern Sarmiento clarified that inquiries from the community are always welcome, noting that the city has a responsibility to residents and also to developers to ensure that working families have a dignified way to live, considering the high housing costs throughout the county. He recommended revisiting the matter within 24 months; summarized that consistency in development fees is important; commented that the goal is quality market rate developments; and that other cities direct their developers' in -lieu funds to projects that are set aside for affordable housing; and he requested that a future report to the City Council include a comparison table of other local cities. This item is scheduled to go before City Council on August 4, 2015. THIRD & BROADWAY UPDATE The City Manager provided a high level overview of the project, and he said there were several submissions for this project. Oliver McMillan was invited back to provide their background and experience, but were not interested in providing a hotel component beyond their residential proposal with ground floor retail; and the firm recommended a hotel feasibility study. Direction is currently sought from Committee members, as the only proposal to include a hotel proposal was from Caribou Industries per Mr. Duncan's earlier comments. Mayor Pro Tern Sarmiento noted the Request for Qualifications (RFQ) was circulated for a 200 time; and Larry Kosmont's office was sought to assist with this matter, although the meeting notification was late and the firm was not able to attend this meeting. He reiterated that Caribou Industries was the only submission that included a hotel component pursuant to the RFQ. He recommended that discussions for refinement, terms and conditions proceed with Caribou Industries; and that Larry Kosmont and other possible developers be consulted with a very short timeframe. Development & Transpodation Cound Committee Minutes 2 June 25, 2015 13A -14 Councilmember Benavides commented this has been a prime potential project for several years due to its location at 3`d and Broadway, and yet another delay would not be favorable; that the project should only be delayed further if no submissions are acceptable; but noted that high quality standards are important because this can be a legacy project to be looked upon with pride for many years; and that business - friendly assistance should be offered for this development. Councilmember Martinez emphasized that community members be included as stakeholders since the project is a city asset which belongs to the voters and residents; explained that place making is important; that this should be a multi -modal transit oriented development; and should also include open space so that the community may congregate outdoors. Councilmember Martinez recommended that developers review the 5 year Housing Element and types of housing stock to meet the goals within the Housing Element; that another important issue is the opportunity to be a destination both for entertainment and visitors to the courts, and a hotel with a multi -use conference room can be successful. She emphasized that time is of the essence, so the opportunity is not lost; and stressed that an expedited 30 -day process be assembled for developers, inclusive of Council's vision for the downtown area. 7. COMPLETE STREETS PLAN FOR DOWNTOWN UPDATE Cory Wilkerson, Active Transportation Coordinator, provided information on the status of the Active Transportation program. He stated that the downtown complete streets plan had a very aggressive outreach process complete with a 3 -day workshop and multiple community meetings which resulted in 5 top priority projects for downtown and transit zone areas. Mr. Wilkerson added that after careful review by staff, a final draft will be provided to the public to allow additional comments and ultimate presentation to the City Council. Councilmember Martinez summarized the process, and noted that much preliminary effort through the years has been extended for the current result; a huge milestone has been accomplished, and no residents have had negative comments to her knowledge; encouraged close coordination with the Planning & Building Agency; recommended that the final public product include the rationalization for the top five projects that are selected by the community, and should also include those projects that were not selected; and is looking forward to finalization of this project. 8. ACTIVE TRANSPORTATION PROGRAM UPDATE William Galvez, City Engineer, summarized the status of the Active Transportation Program (ATP). The ATP encompasses the circulation element and pedestrian and bike master plan, and will also fold these programs into the pavement management plan which will show the condition of City streets and financing thereof. He stated the Safe Mobility Santa Ana (SMSA) program is studying all accidents involving pedestrians and bicyclists in order to develop a plan to address the issues. The Circulation Element and Active Transportation Program is now in draft form and on hold pending the SMSA study, which should be released in approximately September of this year. The Circulation Element should be complete by June 2016. Councilmember Martinez requested further timing information due to safety and circulation issues in the community. Fred Mousavipour, Executive Director of Public Development & Transportation Council Committee Minut 13A-15 June 25, 2015 Works, explained that the SMSA, Circulation Element, and Pavement Management programs will be studied concurrently in order to have a timely and comprehensive program. Mr. Haghani emphasized that the principles provided from the Public Works Agency will be included as a basis for the General Plan update, and City Council will be advised accordingly. Mayor Pro Tem Sarmiento recommended coordination with the school district on this issue to ensure best practices are followed for the safety of children at every school campus in the city. 9. PRESENTATION: PROJECT W: SAFE TRANSIT STOPS — INPUT ON TRANSIT STOP CONCEPTS Mr. Galvez stated that the project to upgrade the city bus shelters was made available through funding from OCTA Project W: Safe Transit Stops, Santa Ana was awarded $687,000 for 29 highest volume transit stops in the city. An Environmental and Transportation Advisory Committee ad hoc subcommittee reviewed the issue and provided comments. Photos of sample bus shelters were provided by Mr. Galvez, and staff's recommendation features a curved roof. Councilmember Martinez noted that the needs of the community should be assessed before determining the shelters; including the need for bike racks, trash dispensaries; a digital concept which would include schedules; USB connections to charge cellular phones; and more seating for bus riders. Mayor Pro Tem Sarmiento summarized that more attention is given to the city's bus shelters because this community actually uses public transportation. He also emphasized uniformity in the design of the shelters, and he noted that the shelters should be resistant to graffiti. He noted that bus shelters in Mexico and Latin America have very creative designs, which may be possible in Santa Ana. Omar De La Riva, resident, supported the need for bike racks in the bus shelters. Madeleine Spencer commented that the bus shelters can be aesthetically pleasing, fun and may serve as a tool to encourage use of public transit; and "cool" shelters may be achieved in Santa Arta. WARNER AVENUE IMPROVEMENTS UPDATE Mr. Galvez provided a brief update on the Warner Avenue Improvements, providing a fact sheet with current information and project location. The project was approved in 2008. Photos of the location were shown, including photos of the areas with safety, mobility and aesthetic issues. He provided the project objectives; benefits; timeline; status; a description of the phases; and methods of public outreach starting in 2012. One -on -one meetings will be held with residents to provide factual information in the language and location of the resident/ property owner's choice. Councilmember Martinez stated she is supportive of moving forward with the project, but is concerned about the displacement of the businesses and property owners. Mayor Pro Tem Sarmiento stated the project was initially brought about by the impacts from the development of the Legacy Project in Tustin. More traffic is expected on the street and action is needed. Residents will be treated fairly and equitably, but there is a concern about speed on the street. He has received comments that residents are concerned about the narrow sidewalks, difficult egress, Development & Transportation Council Committee Minutes 4 June 25, 2015 13A -16 volume of current traffic that has increased through the years, and safety in general. He recommended not simply focusing on property owner rights, but also extend sensitivity to the many neighborhood tenants. Madeleine Spencer noted that residents did not really believe that the project would actually occur; expressed resident and property owner apprehension due to issues concerning fair market values; and ensuring there is dialogue with the community so that residents and property owners can be part of the process. 5. PRESENTATION: DROUGHT WATER RATE SURCHARGE Water Resources Manager Nabil Saba provided a summary of the city's drought water rate surcharge and he reviewed available options. Option 1 would be a surcharge of approximately $2,40, for an average residential water bill of approximately $58.20; and, the addition of $1.88 to recover the penalty if the reduction is not met; he also estimates loss of revenue in the amount of $4.4 million. Option 2 is recommended by staff and would add a surcharge of $7.37 to customers exceeding the allocation, with an average residential bill of approximately $63.17 per month; and the addition of $1.88 to water use to recover the penalty. Option 3 would recover revenue loss through adding a fixed surcharge of $11.16 on all water users which would increase the monthly bill to an average of approximately $66.96 per month; and the addition of $1.88 to recover the penalty. Councilmember Martinez stated a preference for Option 2, and residents that exceed allowed usage would need to pay accordingly. Mayor Pro Tern Sarmiento stated that it appears that Option 2 would probably be preferred as the most viable option, without the addition of costs for the recovery penalty at this time. Mr. Mousavipour advised that penalties for violations of the Executive Order are uncertain, so the option to assess the surcharge of $1.88 to residents is not being taken at this time; he also added that exemptions are available to some businesses and residents with special disabilities and circumstances; and added that Santa Ana is one of the first cities to study and implement the Executive Order. Councilmember Martinez emphasized that the City is also a water customer and should also be providing records to demonstrate water reductions. FUTURE AGENDA ITEMS • Streetcar Project Update • Sewer Lines Ownership Ordinance Amendment r s t rr C ..) For06 Ortiz Recording Secretary Public Works Agency Development & Transportation Council Committee Minute 3A-1 7 June 25, 2015 13A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR SEPTEMBER 2015 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended C] Ordinance on 1®t Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Receive and file the Strategic Plan Monthly Report for September 2015. DISCUSSION The September 2015 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. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.ora/strateciie-Diannina/ 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: INFORMATION TECHNOLOGY STRATEGIC PLAN UPDATE (STRATEGIC PLAN NO. 6, 11) Z CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Information Technology Strategic Plan update. DISCUSSION The City of Santa Ana Mayor and City Council adopted a Five -Year Strategic Plan on March 18, 2014, establishing goals, objectives, and strategies for Santa Ana's future. The Five -year Strategic Plan has seven guiding principles, which provide the basis for how the organization will work to achieve its mission and vision. Given the City's new focus and direction, Information Technology (IT) and communications have come to the forefront and identified as a means by which to deliver on the goals and objectives of the Five -Year Strategic Plan. As such, the City in a collaborative effort with the various department stakeholders developed a draft IT Strategic Plan (ITSP) that was approved by the City's Executive Management Team (EMT) in June of 2014. The draft ITSP set forth the vision, mission, goals, and objectives to provide innovative and sustainable technology solutions to deliver quality services. On November 18, 2014, the Mayor and City Council approved an agreement with ThirdWave LLC to conduct an IT assessment to aid in identifying and prioritizing opportunities to improve operational efficiency and effectiveness. Over a 7 -month period, ThirdWave LLC, through a participatory process assessed the City's IT organizations and structure. The assessment included interviews of key stakeholders, staff surveys, review of IT infrastructure, policies and procedures, staffing levels, and IT governance. In addition, the assessment included a review of business processes to identify technology opportunities for the effective and efficient delivery of City programs and services. The results of the assessment were presented to the Finance, Economic Development, and Technology (FEDT) Council Committee on July 22, 2015 with funding recommendations presented during the August 18, 2015 City Council Retreat. The assessment provides a range of recommendations on technology initiatives and process improvements to implement over the next five years. Recommendations include the centralization of City IT functions, the addition of 1913-1 IT Strategic Plan Update October 20, 2015 Page 2 a Chief Technology Innovations Officer (CTIO) to provide a shared vision throughout the organization, the development of a governance committee to prioritize projects and resources, and a five -year roadmap with a focus on building City IT infrastructure. The assessment also highlights the need to build and leverage IT capacity through the addition of key IT staff, training, replacement of outdated equipment, use of web enabled technology, and automating processes. Furthermore, the IT assessment also validates and supports the ITSP developed in collaboration with EMT and departmental stakeholders. Currently, the City has embarked on the recruitment of the CTIO position to oversee the IT Department and overall implementation of the plan. Staff will seek General Fund allocation of surplus funds to implement the ITSP. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities and Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy I (Assessment and development of a citywide Information Technology Master Plan to include elements such as Wi -Fi in City facilities including recreational /senior centers, PC /server /equipment replacement plan, information security, disaster recovery plan, etc.). FISCAL IMPACT There is no fiscal impact associated with this item Exhibit: 1. Information Technology Strategic Plan (ITSP) 2. Information Technology Assessment Summary 19D-2 CITY OF SANTA ANA Attachment #1 Information Technology Strategic Plan 2016-2021 This IT strategic plan was developed through consultative engagement with City departments and staff and is aligned with the City's 5 -year strategic plan. The 2016 — 2021 IT Strategic Plan purpose is to articulate the Information Technology vision and mission, to demonstrate our support and commitment to the City's mission. We thank members of the City Council, the Executive Management Team and City staff for their contribution in the development of the plan and success in our collaborative implementation. IT Strategic Planning Team Robert Cortez, Francisco Gutierrez, Haney Mostafa, and Eddie Duque IT Vision Build and enable a leading, next generation digital city. Promote and enable the best value next generation technologies for staff and the community, including residents, businesses, and visitors. IT Mission Provide innovative and sustainable technology solutions that empower City departments to deliver quality services. Guiding Principles • Innovative • Customer - Centric • Effective • Fiscally Responsible • Quality • Collaborative • Efficient ro Information Technology Strategic Plan 19 D -3 IT Goals and Objectives Goal # 1: Innovation and Efficiency Be highly innovative and use best value technology in a government context. Objectives: • Embrace and utilize technology as a strategic enabler to improve the way staff perform their jobs and deliver services to the community, including residents, businesses, and visitors • Implement proven technologies that consider enterprise values including, being web - based, GIS- enabled, mobility equipped, and using Commercial Off - the -Shelf solutions wherever possible and appropriate • Enhance use of solutions that move the City away from paper -based to digital processes for sustainable and secure operations • Maximize use of digital technologies and mobile connectivity so that City employees can easily collaborate, innovate, and facilitate the exploration of new tools Strategies: • Implement a technology refresh program, including personal computer, mobile device, and communication systems upgrades • In collaboration with the Budget Office, implement an enterprise budget application to streamline and enhance the budgeting process • In collaboration with the Public Works Agency, implement an enterprise asset management system to manage improvements and sustain the City's assets • In collaboration with the Personnel Services Agency, implement an enterprise recruitment and performance management solution • In collaboration with the Planning and Building Agency, implement a permitting application • In collaboration with the Clerk of the Council Office, implement a public record request application that is integrated with the City's enterprise content management system Goal # 2: Organizational Excellence Create an organizational environment where IT Goals and Initiatives are driven by accountability, milestones, and outcomes. Objectives: • Standardize and enhance capabilities across the City to create a consistently positive experience relative to technology service delivery • Build and enable City staff capacity for successful adoption of technology and maximize the return on investments in technology • Encourage an enterprise approach when procuring, implementing and managing the City's Information Technologies using architectural standards to improve interoperability, flexibility and integration • Foster effective communications between the City and constituents to keep all parties informed on the progress of IT initiatives Strategies: Information Technology Strategic Plan 19D-4 • Restructure the IT organization to reflect a progressive and responsive structure and develop a Technology Service Catalog • Enhance City website as a single portal for web services • Invest in professional and skills development of IT staff • Expand end -user training resources for new system deployments and conduct regular refresher training for application end - users. • Implement Project Management Office (PMO) and IT Governance that is inclusive and transparent Goal # 3: Dynamic and Secure Infrastructure Upgrade infrastructure to best value and scalable technology and ensure appropriate security of data. Objectives: • Develop and expand a secure technology infrastructure to provide reliable and sustainable services • Enhance broadband connectivity to benefit the City community • Maximize current infrastructure looking towards more cost - effective methods and technologies Strategies: • Establish Lifecycle Plan for Technology to budget for replacement of core infrastructure systems • Assess the information security and risk profile, and implement measurement and improvement processes • In collaboration with City stakeholders explore Wi -Fi coverage needs and strategize around addressing the needs of various City stakeholders • Implement a technology refresh program, including infrastructure and data center upgrades and communication systems upgrades Goal # 4: Best value digital city capabilities Identify and promote the use of innovative methods, partnerships, and the use of emerging technologies Obiectives: • Explore City participation in open government data and citizen engagement initiatives • Develop Public- Private - Community Partnerships for Innovation • Adopt an e- government strategy to expand web - enabled service delivery to City constituents Strategies: • Provide easier access of appropriate City data to the community, including residents, businesses, and visitors. • In collaboration with the City Attorney's Office, implement a contract management solution • In collaboration with the Community Development Agency, leverage technology in Economic Development Strategic Planning efforts • Implement resident utility billing and usage application, and online customer service request application 3 Information Technology Strategic Plan 19D -5 19D-6 vi rn 1; E ol �l 19D-7 N 0 0 E E 0 CD Co N 0 N E 0 E +-a T) %. 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Q in 4 F— 19D-19 4.1 E 0 E oo 0 U) 0) 0 ( a) (L 0 ®m® m Jcy Q) M a) Mo 0'.2 x 0 a< 0 m a) > LL -oo .�= (L) 0) CL (n :3 4) 4) r_ w LLI (.) P ( (D co V) > (15 0 a c x C) 00 � 20 w 0 Lf) Lo O � I,- (D 0) 19T CN 19t c F cry 0 < � M M M >1 0 (D 0 :E V uo) O� 0 �O _j CO 0 19D-19 4.1 19D -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: POLICE OFFICER RECRUITING AND HIRING UPDATE {STRATEGIC PLAN NO. 1,11) z d CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading Cl Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For Receive and file Police Officer Recruiting and Hiring Update. DISCUSSION CONTINUED TO FILE NUMBER During the period of 2010 through 2014, the Santa Ana Police Department had reduced hiring to a very low level. Sworn officers and civilian staff were hired at a rate less than the attrition rate. The Department and the City were reducing staff in order to regain control of the budget. The Backgrounds staff at the Police Department was reduced to one person responsible for all backgrounds in the Department. Because of the reduced hiring, having only one background investigator was sufficient. Beginning in 2014, the Police Department began to recruit and hire for the numerous vacancies throughout the Department. The Background Unit was expanded from one to five full -time background investigators. Additional staff was hired at City Hall to assist the Police Department with the increased hiring. In addition, as described below, the Police Department has improved several aspects of the hiring process including marketing /advertising (web presence), our recruitment efforts, the physical agility test, and technology and software. As a result, the Police Department has seen a marked increase in the number officers hired. The number of Police Officers hired has increased from 17 in 2014 to 33 to date in 2015 and the Police Department anticipates additional hiring by the end of the calendar year. The Department continues to work towards hiring more officers than it separates. In 2014, 17 officers were hired, but 24 officers separated from the Department. In 2015, 33 officers have been hired, but 21 left the Department. As the number of officers we hire continues to increase and as separations decrease, the Department will continue to see positive growth in sworn staffing. 19E -1 Police Officer Recruiting and Hiring Update October 20, 2015 Page 2 Time from Application to In- Service It takes a significant amount of time to turn an applicant into an in- service police officer. A Lateral Police Officer from another agency will take approximately 10 -12 months from the time of application until he/she is in- service as a police officer. The 10 -12 month estimate consists of 5 -6 months to conduct the required background, polygraph, psychological and medical tests; and 5 -6 months for training with a Field Training Officer. A Recruit Police Officer requires approximately 18 months from the time of application until he /she is in- service. The estimated time includes 5 -6 months to conduct the hiring process similar to the lateral officer, followed by 7 months of pre- academy and academy training. At the conclusion of the police academy, the new officer undergoes 6 months of training with a Field Training Officer before they are certified to be in- service as a police officer. Website: JoinSantaAnaPD.org The centerpiece of our recruiting efforts is the Police Department's new recruiting website. The website is designed to provide prospective employees with information about the Santa Ana Police Department and about the hiring process. The website has a message from Chief Rojas discussing the City of Santa Ana, the Police Department, and the type of employee who would thrive at the Santa Ana Police Department. There is a webpage on the recruiting website dedicated to women in law enforcement. On this page are profiles of several female Santa Ana police officers and a video describing one of those officer's experiences working for the Santa Ana Police Department. The Women in Law Enforcement webpage has a request for contact by a female mentor /Police Officer. In the 6 weeks the website has been operational, we have received 20 requests for contact by a SAPID female mentor. Recruiting The Santa Ana Police Department Recruiting Team has attended numerous recruiting events including: 2/11/15: Marine Corp Recruiting Depot (MCRD) 3/05115: SAC Recruitment 3110/15: California State Fullerton 3117/15: Segerstrom HS Career and College Fair 3/22/15: Rick Centanni Memorial 3/25/15: Career & Technical Education Program Fair 4/03/15: Cal State Fullerton Recruitment event 4/16/15: Career Fair at Golden West College 4/18/15: Battle of the Badges Anaheim PD 4/22115: Cal State Fullerton Recruiting event 6/20/15: Code 3 Career Expo /American Heroes Air Show 8/22/15: Fit Expo /Anaheim 19E -2 Police Officer Recruiting and Hiring Update October 20, 2015 Page 3 9/19/15: Santa Ana College's 100th Birthday Celebration Expedited Hiring Process Most other police agencies in Orange County are attempting to hire police officers, which means we are in a highly competitive environment to hire the best available candidates for the Santa Ana Police Department. With the assistance of City Personnel, a significant number of changes have been made to the hiring process to ensure we are hiring the best people as quickly as possible. The physical agility test was recently changed without lowering our hiring standards. The new test allows for almost immediate results regarding who passed or failed. This change resulted in a time savings of at least 2 weeks per candidate. The Commanders Oral Interview process was changed so that a panel is convened as soon as there are candidates to interview rather than waiting until there are 8 -10 candidates before convening a panel. This change can reduce the hiring process by up to 1 to 3 weeks. Recent changes to the process, which are too early to assess, are the hiring of part-time background investigators to assist the full -time background investigators. Also, the eSOPH background software package was purchased and setup. The new software will expedite each background investigation by 1 -3 weeks because most of the processes are now handled electronically instead of by U.S. Mail. Progress The Police Department is already starting to see progress in the number of candidates moving through the hiring process. In May 2015, 18 candidates were invited to the Background Orientation which comes after the Written, Physical Agility and Oral Interview steps. In June, July and August 2015, the number of candidates invited to Background Orientation was 12, 10 and 9 respectively. But in September 2015, 37 candidates have been invited to Background Orientation; a 95% increase from our best previous month in 2015. Conclusion The environment for hiring new police officers is highly competitive. The best new officer applicants have their choice of police agencies. We continue to review our hiring process to find ways to reduce the time it takes to hire so we don't lose out on highly qualified candidates. The recruiting website is at the center of our marketing strategy. The Santa Ana Police Department is a great agency to work for and is highly respected in the law enforcement community. The recruiting website helps us to get our message out to potential candidates. Once a candidate has been recruited, we are continually in contact with the candidate to expedite the hiring process and to prepare them for the police academy. The new software and the new 19E -3 Police Officer Recruiting and Hiring Update October 20, 2015 Page 4 part-time background investigator have recently been added to the process so It is too soon to draw any conclusion about how effective they will be. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to achieve Strategic Plan Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic/pedestrian/bicycle safety), Strategy I (Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals). FISCAL IMPACT There isW fiscal impact associated with this item. 6914�� Carlos Rojas Chief of Police Santa Ana Police Department 19E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: STRATEGY TO SECURE FEDERAL PROMISE ZONE DESIGNATION FOR SANTA ANA {STRATEGIC PLAN NO. 5,41D) ) L,; L CITY MAN R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the proposed federal Promise Zone designation of Santa Ana. Securing Santa Ana's designation as a federal Promise Zone (PZ) in 2016 continues to be a priority for staff. Major advantages of this designation include: 1) the awarding of preferences for certain competitive federal grant programs; and 2) proposed hiring tax credits and enhanced depreciation (tax) benefits to investors (subject to Congressional approval). Broad objectives associated with Santa Ana's strategy include the creation of jobs, growing the local economy, improving education opportunities, and reducing violent crime. A team with representatives from the Community Development Agency, Santa Ana Police Department, and the City Manager's Office has been evaluating the federal application criteria and are now prepared to recommend a defined geographic area that will be the focus of Santa Ana's strategy. This area encompasses Santa Ana's gang Injunction security zones in the Townsend and Santa Anita neighborhoods, Including a portion of Buena and Clinton Streets In the City of Garden Grove as Illustrated on the proposed promise zone map (Exhibit 1). The strategy will seek to attract resources to improve opportunities for residents of these two areas with a history of violent crime. In addition, our Five Year Strategic Plan adopted in late 2014 will serve as the foundation of this effort, Current discussions with key institutional partners has encompassed two areas: 1) seeking to find common ground in our mutual strategic plan goals for the next 10 years; and 2) Incorporating mutual goals into our PZ Strategy and exploring new partnerships through a Memorandum of Understanding (MOU). 19F -1 Strategy to Secure Federal Promise Zone Designation for Santa Ana October 20, 2015 Page 2 Listed are a few statistics for the proposed area which will support our case. • Adults no English Speaking 2,950 Adults less than high school education 9,500 Households Include a disabled member 1,403 • Households some form of public assistance 450 • Households no access to motor vehicle 575 • Adults report accessing Internet —cell phone 8,200 15% adult population In area or61% 24% of total households 8% of total households versus poverty rate of 32.9% 10% of total households Nearly 45% of adults Staff anticipates a formal announcement from the federal government inviting proposals for Promise Zone designation to be submitted in early 2016. 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), Strategy D (implement new neighborhood initiatives focusing on residential areas that have been adversely affected by disinvestment and decline. Programs and services from a variety of resources will be utilized to achieve positive and sustainable Improvements). ENVIRONMENTAL IMPACT There is no environmental Impact associated with this action, FISCAL IMPACT There is no fiscal impact associated with this action. Community Development Agency KR/II Exhibit: 1. Proposed Promise Zone Map 19F -2 ,Blvd Grove L EXHIBIT 1 W 3rdSt Garden Grove Blvd Westminster - - -- - -" h Ave u; W Maur eAvc N 9 W Bishop Stuart of V Hollybne Ave 3 a , 4 Ave 2 Rostra Lon 1-41 McEvoy Ln 4 Park Ln Pik r' v - , I z Z D v N ji W River Ln Z Banner Dr I md° WB N Marty Ln W z _ > N in W 9th St �t L Trask Ave 4 ve.3011 1 -W Santa Clara Ave a 0 ° ! St Andrew PI � rn i i Glcnwootl Pi W Kent Ave a c 401 2 u u �oursE rn Sahnaz qke ; c Z y O j N Edna Dr 5` p N � c Ave a p 9 L = _ m U a Hnetnl W Z W 3rdSt ktaketP4, Westminster Sunswept Ave u; W Maur eAvc N 9 W Bishop � a V Hollybne Ave 3 a y W 15th St SentaAna: 4 Ave 2 Rostra W Hazard Ave Q College m Pik r' v - 0 D 5 W 5th St W 3rdSt Pot .oru am }Ayia., Rtg VWUf An N Z r c 3 N U r. 0 Ile St O c a Q _ ktaketP4, N W Chestnut Ave N 9 ay mar S W Bishop I i RlcMand Ave Wistryra > y W 15th St SentaAna: 4 Pl i O m Q College t s N r' v - _ 0 N 0 D 2 W Washington Ave F W 11th St md° WB N W _ > N in W 9th St �t L m n ' ; 0 ° ! St Andrew PI � rn i i Glcnwootl Pi W Kent Ave a c a 2 u u Z = of ; __ Z y O j N St v N v Ave N _ m N U 0 L N if Z n Heil Ave pv e Hy 4 S ton ecs Pot .oru am }Ayia., Rtg VWUf An N Z r c 3 N U r. 0 Ile St O c a Q _ ktaketP4, 2 W Chestnut Ave N W 7th St ay mar S W Bishop I i RlcMand Ave Wistryra > y W 15th St SentaAna: Pl i O m Q College LL 1 y N I ¢ r' y _ 0 N 0 z Z 2 W Washington Ave F W 11th St md° WB N N N _ in W 9th St �t = Y rs W n ' ; Sant ! St Andrew PI a rn W 7th 51 y i i Glcnwootl Pi O a w W 6 sl L rfj Ana marmflal of ; ) Park W Z d W Santa Ana Blv N WWarnef St N N M t C: n W Edinger Ave - ;enbenmal Raponal Park N W Harvard St m W St Gertrude PI Y n Y N W Hall Ave Walnut St W Chestnut Ave Myrtle St ay mar S W Bishop i RlcMand Ave Wistryra Pl i e > u LL 1 y N I ¢ - n _ 0 N 0 md° WB N N N -- -W Edinger o Y rs W Q. ! St Andrew PI y i i Glcnwootl Pi O a L rfj J t marmflal of ; ) Park W Z d ' � N WWarnef N N n 19F-3 August 31, 2015 19F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: PURCHASE AND SALE AGREEMENT WITH SPYGLASS INVESTMENT GROUP FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 1232 SOUTH BRISTOL STREET (STRATEGIC PLAN NO. 6, 1G; 3, 2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Spyglass Investment Group, for the sale of City -owned property located at 1232 and 1244 South Bristol Street in the amount of $2,000,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $2,000,000 in Community Development Block Grant program income for fiscal year 2015 -16 from sale of City -owned property located at 1232 and 1244 South Bristol Street and appropriate same to expenditure account. DISCUSSION On September 15, 2015, the City Council authorized the negotiation for the sale of City -owned real property at 1232 and 1244 South Bristol Street. Santa Ana Municipal Code (SAMC) Section 2 -709 allows for the direct negotiation and sale of City -owned property without the need for a public auction or competitive bidding, upon a 213 vote of the City Council. The subject properties, 1232 and 1244 South Bristol Street (APN 109 - 421 -21 and 22) have been vacant for nearly twenty years and have been merged into one parcel to activate its potential development use. The City has been approached by Spyglass Investment Group to develop the vacant property into a state -of- the -art dialysis and kidney care center operated by DaVita. The focus of this development will be a neighborhood /community -based development model that will bring new medical services into an area that is currently underserved by these specific types of medical services. The development use also adds to the existing medical cluster along Bristol Street, which is currently anchored by South Coast Global Medical Center (formerly Coastal Communities Hospital). It is anticipated that over 40 full time equivalent (FTE) jobs will be added during the construction phase and over 68 permanent FTE jobs once the project has been 20A -1 Purchase and Sale Agreement — 1232 South Bristol Street Spyglass Investment Group Page 2 completed. The types of jobs are skilled positions, such as; physicians, registered nurses, licensed practical nurses, and medical technicians. An executive summary with photos of recently completed DaVita facilities from Spyglass is Included (Exhibit 1). The City originally acquired the property for the purpose of eliminating slum and blight utilizing Section 108 Loan Guarantee that was repaid with Community Development Block Grant (CDBG) funding. Any revenues generated from CDBG activities must be recaptured as program Income and utilized for a CDBG eligible purpose. STRATEGIC PLAN ALIGNMENT Approval of this Item also 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 supports the City's efforts to meet Goal #3 Economic Development, Objective #2, (Create new opportunities for businesstjob 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 There is no environmental impact associated with this action. FISCAL IMPACT The approval of the appropriation adjustment and receipt of funds from the sale of the property will recognize program Income in the amount of $2,000,000 in the Community Development Block Grant revenue account (no. 13518002 - 57071) and appropriate same to expenditure account (no. 13518783- 69011) during fiscal year 2015 -16. The reallocation of CDBG program funds for projects is to be determined upon an amendment to the Annual Action Plan as needed, and approval by the U.S. Department of Housing and Urban Development. 20A -2 Purchase and Sale Agreement — 1232 South Bristol Street Spyglass Investment Group Page 3 Executive Director Community Develc Agency / VN W.- --' JJ Frelcl Mousavlpour Executive Director Public Works Agency r.RTri,t•►ai S� Exhibit: 1. Spyglass Executive Summary 2. Purchase and Sale Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 20A -3 20A -4 .. >i; ,! ;:'gin '. �� .,�:,Th�,, --,v . 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Seller owns certain real property commonly known as Orange County Assessor Parcel Nos. (APN) 109 - 421 -21 and 109- 421 -22, located at 1232 -1244 South Bristol Street, in the City of Santa Ana, County of Orange, State of California. To facilitate their sale, the parcels have been merged into one parcel per Lot Merger 2015 -08 to activate its potential development and use. Buyer desires to purchase a fee interest in such real property owned by Seller as more particularly described and depicted in Exhibit "A ", attached hereto and made part hereof ( "Property ") and Seller desire to sell the Property. B. A copy of the Grant Deed for APN's 109- 421 -21 and 109 - 421 -22, filed with the County of Orange as Document No. [INSERT DOCUMENT NUMBER], is attached hereto as Exhibit "B" and is incorporated herein by this reference. C. The subject Property was acquired by the Seller in 1996 as part of the St. Andrew Place to McFadden Avenue Phase of the Bristol Street Improvement Project. These two remnant parcels have been vacant for nearly twenty years and are not needed for public use or improvements. E. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE Buyer agrees to buy, and Seller agrees to sell and convey, the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW Upon execution of this Agreement by all parties, the parties shall open an escrow ( "Escrow') with Fidelity National Title Insurance Company ( "Escrow Holder"), whose address is 1300 Dove Street, Suite 310, Newport Beach, CA 92660, Attention: Natalie DuBois, for the purpose of consummating the purchase and sale of the Property, as described herein. The date on which Escrow is opened with Escrow Holder shall be 1 20A -13 referred to as the "Effective Date." The parties shall execute and deliverto Escrow Holder such escrow instructions prepared by Escrow Holder, as may be required to consummate the transaction contemplated by this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressively agree in writing otherwise. The Escrow instructions shall include the following terms and conditions of sale: 2.1 Purchase Price The total purchase price for the Property shall be the sum of Two Million Dollars ($2,000,000.00) ( "Purchase Price "). (a) Escrow Deposit. Within three (3) business days following the Effective Date, Buyer will remit into escrow a deposit of Sixty Thousand Dollars ($60,000.00) ( "Escrow Deposit "). Such Escrow Deposit shall be fully refundable until the expiration of the Due Diligence Period and as otherwise set forth herein. Such Escrow Deposit shall be credited towards the Purchase Price paid to Seller as provided in this Agreement. (b) Closing Payment. The Purchase Price, as adjusted by the application of the Escrow Deposit and by the proration and credits specified herein, shall be paid by Buyer to Seller in cash at the Close of Escrow (the amount to be paid under this Section 2.1(b) being herein called the "Closing Payment "). (c) Independent Consideration. Escrow Holder shall pay portion of the Escrow Deposit in the amount of One - Hundred Dollars ($100.00) ( "Independent Consideration ") to Seller upon the earlier to occur of the Close of Escrow (as defined below) or the termination of this Agreement for any reason. The Independent Consideration constitutes bargained -for consideration forthis Agreement and Buyer's rights under Section 2.6(d) and is expressly acknowledged to be adequate. The obligation of Buyer to pay the Independent Consideration to Escrow Holder, and the obligation of Escrow Holder to pay the same to Seller, are unconditional and shall survive any termination of this Agreement. 2.2 Close of Escrow If Buyerdoes not exercise its right to terminate this Agreement under Section 2.6(d) prior to the expiration of the Due Diligence Period (as defined below), then Escrow shall close ( "Close of Escrow ") five (5) business days subsequent to Buyers attainment of all of the Approvals (as defined below) including, without limitation, the building permit and all related municipal approvals for the Intended Use (as defined below). If Escrow is not in a condition to close by five (5) business days subsequent to Buyer's attainment of all of the Approvals, Escrow shall be closed as soon as possible thereafter. 20A -14 2.3 Condition of Title to Property Seller shall cause the conveyance of title to the Property to Buyer as evidenced by an ALTA 2006 Owner's Policy of Title Insurance covering the Property and any easements appurtenant thereto ( "Title Policy') issued by Fidelity National Title Insurance Company ( "Title Company ") in an amount equal to the Purchase Price. During the Due Diligence Period, Buyer shall have the right to obtain and examine: (f) an ALTA title commitment (the "Title Commitment') binding the Title Company to issue the Title Policy to Buyer; and (ii) an ALTA/ACSM survey of the Property. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer, which approval shall be delivered in writing by Buyer to Seller prior to the expiration of the Due Diligence Period. Buyer shall in addition have approved in writing the legal description of the Property to be set forth in the Title Policy prior to the expiration of the Due Diligence Period. At the Close of Escrow, Seller shall cause all standard title exceptions typically appearing on an ALTA title insurance policy, including the gap exception, the exception relating to parties in possession, the survey exception, and all exceptions related to mechanics liens to be deleted from the Title Commitment. 2.4 Escrow and Closing Costs Buyer shall pay the cost of the Title Policy, the Escrow Fees and all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If applicable, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs "). Seller shall pay all other costs and expenses incurred by Seller related to the sale of the Property. 2.5 Deposit of Funds and Documents (a) Prior to Close of Escrow, Buyer shall deposit into Escrow (i) the Escrow Deposit, (ii) all escrow and Closing Costs as described above; (iii) the Closing Payment; and (iv) such other documentation as is necessary to close Escrow; provided, however, that Buyer shall not be required to deposit the Closing Payment until Buyer has been notified by Escrow Holder that (i) Seller has delivered to Escrow Holder each of the documents and instruments to be delivered by Seller in connection with the sale of the Property, (ii) Title Company is irrevocably and unconditionally committed to issue and deliver the Title Policy, and (iii) the only impediment to Close of Escrow is delivery of such amount by or on behalf of Buyer. (b) Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed grant deed for conveyance of the Property to Buyer; (ii) a duly executed bill of sale, assignment and assumption agreement from Sellerwith respect to the tangible and intangible personal property included in the Property; and (iii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 3 20A -15 2.6 Buyer's Conditions Precedent to Close of Escrow The obligation of Buyer to purchase the Property as contemplated by this Agreement and the Close of Escrow is subject to satisfaction of each of the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Seller shall timely perform all obligations required bythe terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deed at the Close of Escrow and to issue to Buyer the Title Policy, effective as of the date and time the deed is recorded; (d) Buyer shall have thirty (30) calendar days, from the opening of escrow ( "Due Diligence Period "), within which to perform and complete all of Buyer's due diligence examinations, reviews and inspections of all matters pertaining to the Property, including all leases and service contracts, all physical, environmental and compliance matters and conditions respecting the Property, and satisfy its contingencies ( "Due Diligence Investigations "). During the term of this Agreement, Seller shall provide Buyer with reasonable access to the Property, as further set forth below. Within ten (10) days following the Effective Date, Seiler shall deliver to Buyer true and complete copies of any environmental reports, title documents and any other agreements, documents, or information pertaining to the Property to the extent in Seller's possession or reasonably obtainable by Seller. Seller will make every effort to provide all pertinent documents, but Seller's inability or failure to provide any document shall not be considered a violation subject to termination of the Agreement. At any time on or before the last day of the Due Diligence Period, Buyer may, in its absolute and sole discretion, for any reason or no reason, give written notice ( "Termination Notice ") to Seller electing to terminate this Agreement, whereupon a condition to Buyer's obligation to close shall not be satisfied, the Escrow Deposit (less the Independent Consideration) shall be immediately returned bythe Escrow Holderto Buyer, and this Agreement, and the obligations of the parties hereunder, shall terminate (other than those obligations that expressly survive a termination of this Agreement). If Buyer fails to deliver the Termination Notice to Seller prior to the expiration of the Due Diligence Period, then Buyer shall have no further right to terminate this Agreement and have the Escrow Deposit (less the Independent Consideration) returned to Buyer except as otherwise set forth herein. (e) Buyer shall have obtained all final approvals, including, without limitation, the building permit and all related municipal approvals (the "Approvals ") necessary for developing the Property and constructing thereon, pursuant to a site plan which is acceptable to Buyer, a building or buildings, together with parking, signage and related site improvements (the "Intended Improvements ") appropriate for the operation of an outpatient renal dialysis clinic, renal dialysis home training, aphaeresis services and related office and administrative uses (the "Intended Use "), such that immediately following 4 20A -16 the Closing, Buyer shall be entitled to commence construction of the Intended Improvements. In the event Buyer has timely submitted all required applications and plans, and Seller has had sufficient opportunity to review such submittals, but Buyer still has not obtained all of the Approvals within one (1) year following the Effective Date, Buyer shall have the right, but not the obligation, to terminate this Agreement by written notice to Seller, whereupon the Escrow Deposit (less the Independent Consideration) shall be immediately returned by the Escrow Holder to Buyer, and this Agreement, and the obligations of the parties hereunder, shall terminate (other than those obligations that expressly survive a termination of this Agreement). (f) No material adverse physical change to the Property, including those caused by condemnation and/or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Close of Escrow. 2.7 Seller Conditions Precedent to Close of Escrow For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 2.8 License to Enter Property During Due Diligence Period Seller licenses the Buyer and its contractors to enter the Property for the purpose of undertaking the Due Diligence Investigations as the Buyer deems necessary and appropriate. The license given in this Section 2.8 shall only be effective until the earlier of: (i) the Close of Escrow, (ii) the termination of this Agreement, or (iii) the date of any Termination Notice provided hereunder. The Buyer shall conduct all Due Diligence Investigations during the Due Diligence Period at its sole cost and expense. The Buyer shall abide by any reasonable condition(s) of entry onto the Property required by Seller, whether or not set forth in this Agreement. Any Due Diligence Investigations by the Buyer shall not unreasonably disrupt any then - existing use or occupancy of the Property. (a) Limitations. The Buyer shall not conduct any intrusive or destructive testing of any portion of the Property, other than low volume soil samples, without Seller's prior written consent. Following the conduct of any Due Diligence Investigations on the Property, the Buyer shall restore the Property to substantially its condition prior to the conduct of such Due Diligence Investigations. (b) Indemnity. Buyer agrees to indemnify, defend and hold the Seller, and its officers, employees and agents, harmless from and against all actual damages, judgments, costs, expenses and fees arising from or related to any act or omission of Buyer in performing its Due Diligence Investigations under this Agreement (excluding discovery of any pre - existing conditions at the Property), except to the extent arising out of the negligence or willful misconduct of Seller, its officers, employees or agents. (c) Insurance. Prior to any entry upon the Property by or on behalf of Buyer, Buyer (at Buyer's sole cost and expense) shall provide Seller with a certificate of Buyer's liability insurance policy designating Seller as an additional insured. The foregoing 5 20A -17 certificate shall evidence that Buyer has obtained a policy or policies of comprehensive general liability and property damage insurance against loss, damage or liability for injury to or death of any person, or loss or damage to property occurring in or about the Property. Such insurance shall include comprehensive general liability coverage for bodily injury and property damage in the amount of at least $1,000,000.00 combined single limit, and shall include automobile liability coverage for bodily injuryand property damage in the amount of at least $1,000,000.00 combined single limit. The foregoing policyor policies shall contain a provision that such policy or policies will not be cancelled, reduced in coverage, renewed or otherwise amended in any manner until at least thirty (30) days prior written notice has been given to Seller. Buyer shall see that insurance coverage as provided in this paragraph is maintained throughout the duration of Buyer's right of entry onto the Property. 3. REPRESENTATIONS AND WARRANTIES OF PARTIES 3.1 Representation and Warranties of Seller Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; and (b) To Seller's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; and (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of the Buyer; and (d) Seller, as a government agency, has not been subject to real property tax assessment on the property. Transfer of title to Buyer at the Close of Escrow will subject the Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of the Buyer henceforth; and (e) Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Property. 3.2 Representations and Warranties of Buyer Buyer makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow. 20A -18 (a) Buyer hereby represents and guarantees that it will complete construction and development of the Propertyfor the Intended Use within twenty -four (24) months following the Close of Escrow, but does not represent nor guarantee the opening or operation thereof. The proposed operation of a dialysis center by DaVita Healthcare Partners, Inc. or an affiliate or subsidiary thereof ( "Tenant') on the Property is critical to the Seller's decision to sell the Property to Buyer. The twenty -four (24) month timeframe shall be tolled by any delays directly attributable to the actions or inactions of the Seller or Tenant, by any natural causes outside the control of either party ( "Force Majeure "), or by mutual agreement of the parties. If Buyer does not comply with this guarantee within the timeframe provided, the Seller may opt to nullify the sale of the Property, at which time the Property shall be returned to the Seller, including any and all improvements to the Property completed by Buyer, in exchange for payment by the Seller to Buyer of eighty percent (80 %) of the Purchase Price. (b) The execution and delivery of the Agreement by Buyer, Buyer's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Buyer is at present a party or by which Buyer is bound; and (c) No other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. 4. ACKNOWLEDGEMENT OF FULL BENEFITS By execution of this Agreement, Seller 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 damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, 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. REMEDIES If Seller defaults under this Agreement, then Buyer may either: (i) terminate this Agreement by written notice to Seller, whereupon the Escrow Deposit (less the Independent Consideration) shall be immediately returned by the Escrow Holder to Buyer, and this Agreement and the obligations of the parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement. If Buyer defaults under this Agreement, and such default is not cured within thirty (30) days following the date of Seller's written notice of default to Buyer, then Seller may, as Seller's sole and exclusive remedy underthis Agreement by reason of such default, terminate this Agreement by written notice to Buyer, whereupon the obligations of the parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement) and the Escrow Deposit shall be delivered to Seller as full compensation and liquidated damages under and in 7 20A -19 connection with this Agreement, and in such event, Buyer shall not be liable to Seller for monetary damages except for full payment of the amount of the Escrow Deposit due at the time of termination and forfeiture of said Escrow Deposit to the Seller. 6. RIGHT OF POSSESSION Seller hereby grants Buyer and its representatives, agents, consultants and contractors, physical and legal possession of the Property effective as of the Close of Escrow. 7. AS IS CONDITION Buyer shall rely solely and exclusively upon the results of its Due Diligence Investigations of the Property with regard to any physical condition or state of the Property. By completing the purchase of the Property following its Due Diligence Investigations, Buyer evidences its unconditional acceptance of the condition of the Property. Buyer acknowledges and agrees that Buyer is purchasing the Property on an "AS -IS," "WHERE - IS" basis. Buyer is not offering to purchase the property based on any representation by Seller or Seller's agent except those expressly set forth in Section 3.1. Buyer hereby acknowledges that the purchase of the Property is without warranties of any kind from Seller, expressed or implied, except as expressly set forth in Section 3.1, as to the condition of the Property or its improvements, if any, including, without implied limitation, soils, access to the Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the Property. Seller does not warrant that the Property conforms with anyordinances, including, without implied limitation, zoning or building ordinances. 8. MISCELLANEOUS 8.1 Notice Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered (a) in person, (b) by overnight courier, (c) by facsimile or as a PDF or similar attachment to an email (provided that such facsimile or email attachment shall be followed within one (1) business day by delivery of such notice pursuant to clause (a), (b) or (d)), or (d) by United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Executive Director, CDA Facsimile: E -mail: Buyer: Spyglass Realty Partners, Inc. 17802 Mitchell North 8 20A -20 Irvine, CA 92614 Attn: Richard M. Mayo, President Facsimile: 949 - 502 -2997 E- Mail: rmayo @spyglassinvestmentco.com Any notice or other document sent by personal delivery, overnight courier or registered or certified mail as aforesaid shall be considered to have been effectively served or delivered on the day of actual delivery (whether accepted or refused) as evidenced by printed confirmation if by facsimile or email (provided that if any notice or other communication to be delivered by facsimile or email attachment as provided above cannot be transmitted because of a problem affecting the receiving party's facsimile machine or computer, the deadline for receiving such notice or other communication shall be extended through the next business day), as shown by the addressee's return receipt if by certified mail, and as confirmed by the courier service if by courier; provided, however, that if such actual delivery occurs after5:00 p.m. (local time where received) oron a non - business day, then such notice or communication so made shall be deemed effective on the first business day after the day of actual delivery. 8.2 Time of Essence Time is of the essence with respect to each and every provision hereof. 8.3 Assignment Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other, non - assigning party hereto. For Seller, the Executive Director of the Community Development Agency shall have the authority to review and approve or deny any request for assignment. 8.4 Governing Law All questions with respect to this Agreement, and rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of Orange. 8.5 Inurement Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. 8.6 Attorney Fees In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 20A -21 8.7 Entire Agreement The Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. 8.8 Additional Documents All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. 8.9 No Merger All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deed. 8.10 Authority to Execute Agreement The persons executing this Agreement and the instruments referenced herein on behalf of Buyer and Seller hereby represent and warrant that such persons have the right, power and authority to bind Buyer and Seller, respectively. 8.11 Counterparts This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NEXT PAGE] 10 20A -22 SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE ASSESSOR PARCEL NUMBER: 109 - 421- [21 -22] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. SELLER: CITY OF SANTA ANA, a California charter city and municipal corporation By: David Cavazos City Manager ATTEST: By: Maria Huizar City Clerk APPROV 6ant FORM: By: R a ge Ass y Attorn ey BUYER: SPYGLASS REALTY PARTNERS, INC., a California corporation 0 Richard M. Mayo President 11 20A -23 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY All right, title and interest of Seller in and to that certain real property located in the City of Santa Ana, Orange County, California, described as follows: PARCEL 1: IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THAT PORTION OF LOT "I" OF THE REVISED PLAT OF THE WEST TRACT, AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 13, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 240.00 FEET (MEASURED TO THE CENTERLINE OF BRISTOL STREET EXCEPTING THEREFROM THE NORTH 997.00 FEET. ALSO EXCEPTING THEREFROM THE SOUTH 30.00 FEET INCLUDED WITHIN TRACT NO. 3244, AS SHOWN ON A MAP RECORDED IN BOOK 99, PAGES 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTINGTHEREFROM THE EAST 75.00 FEET SHOWN AS PART OF BRISTOL STREET ON RECORD OF SURVEY 2006 -1126, RECORDED IN BOOK 224, PAGES 23 THROUGH 26, INCLUSIVE OF RECORD OF SURVEYS, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. CONTAINING AN AREA OF 44,715 SQUARE FEET (1.03 ACRES), MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. APN 109 - 421 -[21 -221 together with all easements, rights -of -way, and appurtenances benefiting such land ( "Land "), and all improvements, structures and fixtures now or on the Close of Escrow located upon the Land. 12 20A -24 EXHIBIT "B" ORANGE COUNTY RECORDER DOCUMENT NO [INSERT DOCUMENT NO.1 [attached behind this page] 13 20A -25 20A -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT WITH OFFICE OF TRAFFIC SAFETY FOR BICYCLE SAFETY EDUCATION AND OUTREACH PROGRAM GRANT FUNDING (PROJECT 166866) (STRATEGIC PLAN NO. 1, 3B) r � I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment to recognize Office of Traffic Safety Public Education on Bicycle Safety grant funds in the amount of $100,000 in the OTS -PWA Traffic Safety Grants revenue account, and appropriate the same to the OTS- Bicycle Safety PWA expenditure account. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with the State of California Office of Traffic Safety, subject to nonsubstantive changes approved by the City Manager and City Attorney, for Bicycle Safety Education and Outreach Program grant funding in an amount not to exceed $100,000, for a one -year period from October 1, 2015, through September 30, 2016. DISCUSSION The Santa Ana Public Works Agency has been awarded a $100,000 Bicycle Safety Education and Outreach Program grant from the State of California Office of Traffic Safety (OTS). These funds will be used to address bicycle safety through a series of bicycle safety education workshops and events. The goal of the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles. The education and outreach campaign would be bilingual (English and Spanish) and is intended to reach youth, adults, and seniors. It will include bicycle safety skills classes taught by League of American Bicyclists Certified Instructors, nighttime bicycle light and helmet distribution events, and a train - the - trainer seminar to certify cycling instructors. 20B -1 Agreement with Office of Traffic Safety for Bicycle Safety Education and Outreach Program Grant Funding October 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #1 for Community Safety; Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization); Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Grant funds will be accepted into the OTS -PWA Traffic Safety Grants revenue fund (Account No. 16517002 - 52001) and appropriated into the OTS- Bicycle Safety PWA expenditure fund (Account No. 16517611- 66220, Project No. 166866) for expenditure in Fiscal Year 2015/16. Public Works Agency FM /EWG /CW Exhibits: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �)2 Executive Director Finance & Management Services Agency 20B -2 State of California — Office of Traffic Safety GRANT AGREEMENT - Page t OTS -3R I Rev. 4A5) GRANT NUMBER PS1621 1. GRANTTITLE BICYCLE SAFETY EDUCATION AND OUTREACH PROGRAM 2. NAME OF AGENCY 4. GRANT PERIOD CITY OF SANTA ANA From: 1011115 3. AGENCY UNIT TO ADMINISTER GRANT PUBLIC WORKS AGENCY To: 9/30/16 5. GRANT DESCRIPTION The City of Santa Ana will implement a bicycle safety program and will conduct ten adult bicycle education classes within the city. At least three of these classes will be taught in Spanish. To ensure the longevity of the program, one League Cycling Instructor Certification Seminar will be conducted in September 2016 to train the trainer. Team Firefly will be organized to meet for ten Operation Firefly street distributions at undisclosed locations throughout Santa Ana where nighttime bicycle ridership is expected to be high and where the city has seen a history of incidents involving bicyclists at night. Operation Firefly is an educational and bicycle light and helmet distribution program where approximately 150 light sets and/or helmets will be distributed per event. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 100,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) - Problem Statement, Goals and • Exhibit A- Certifications and Assurances Objectives and Method of Procedure • Exhibit B* - OTS Grant Program Manual • Schedule B (OTS -38d) - Detailed Budget Estimate and Sub - Budget Estimate (if applicable) • Schedule B -1 (OTS -38f) - Budget Narrative and Sub- S Budget Narrative (if applicable) *Items shown with an asterisk ( *), are hereby incorporated by reference and made a part of this en as r These documents can he viewed at the OTS home web page under Grants: www.ots.ca.s;DV. We, the officials named below, hereby swear under penalty of perjury under the laws of the S f C Iii �a that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and condit IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANTDIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NANIE: Cory Wilkerson PHONE: 714 -647 -5643 NANIE: Fred Mousavipour PHONE: TITLE: Active Transportation TITLE: Executive Director - Public FAX: 714- 647 -5616 FA` Coordinator Works Agency ADDRESS: 20 Civic Center Plaza M43 ADDRESS: 20 Civic Center Plaza M43 Santa Ana, CA 92702 Santa Ana, CA 92702 E-MAIL: cilkerson a santa- ana.org E- rotalL: fmousavipour@santa- ana -org (Signalure) (Date) (Signature) (Dare) C. FISGM.OR AC'C'OUNTING OFFICIAL D. OFFICE AUTHORIZED To RECEIVE PAYMENTS NAME: Francisco Gutierrez PHONE: 714 -647 -5420 NAME: City of Santa Ana liar: Executive Director - ADDRESS: Finance & Management Services Agency M -87 Finance & Management FAN: 714- 647 -5414 Services 20 Civic Center Plaza ADDRESS: 20 Civic Center Plaza M -17 Santa Ana, CA 92702 Santa Ana, CA 92702 9. DUNS NUMBER E-MAIL: futierrez(q?santa- ana.org DUNStt: 083153247 REMMRrD 20 Civic Center Plaza, 81' Floor ADDRESS A zI1, Santa Ana, CA 92702 -4058 (Signature) (D<ve) F_VA Wrr SCHEDULE A GRANT DESCRIPTION GRANT No. PS1621 PAGE I 1. PROBLEM STATEMENT With a population of just under 330,000, the City of Santa Ana is one of the thirteen highest population cities in the State. The City is approximately 27.1 square miles in size. Santa Ana has a large volume of motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city and a total of 450 miles of streets. Relative income and vehicle ownership levels within the City are significantly lower than statewide averages. The City population's median age is the youngest of the seven largest cities in Orange County and the residential density is one of the highest in the State. Transit ridership in Santa Ana is the highest in the County with several of the busiest OCTA bus lines serving the City. As a result of climate and demographics, bicycle dependent population is relatively high when compared to other communities in the County or the State. Also, a significant portion of the adult bicyclists may not speak English or understand the rules of the road. In 2011 and 2012, the City of Santa Ana ranked 3`d highest of similar -sized cities for bicycle - involved collisions, falling just behind San Francisco and Long Beach. In addition, collisions involving bicyclists riding at night increased from 40 in 2012, to 43 in 2013. Finally, bicycle - involved collisions remained steady with 222 in 2012, and 223 in 2013. 2. PERFORMANCE MEASURES A. Goals: 1) To maintain the number of bicyclists killed in the City of Santa Ana from the 2013 base year total of 0 by September 30, 2016, 2) To reduce the number of bicyclists injured in the City of Santa Ana by 10% from the 2013 base year total of 203 to 183 by September 30, 2016. 3) To maintain the number of bicyclists killed in nighttime collisions in the City of Santa Ana from the 2013 base year total of 0 by September 30, 2016. 4) To reduce the number of bicyclists injured in nighttime collisions in the City of Santa Ana by 10% from the 2013 base year total of 43 to 39 by September 30, 2016. B. Objectives: 1) To conduct 10 bicycle classroom workshops/skill trainings with an effort to reach 120 members of the community. OTS -38b (Rev. 4115) SCHEDULE A GRANT DESCRIPTION GRANT No. PS1621 PAGE 2 2) To conduct 1 train - the - trainer workshop /League Cycling Instructor Certification Seminar with an effort to reach 12 members of the community. 3) To conduct 10 helmet and light distribution events with an effort to reach 1,500 members of the community. 3. METHOD OF PROCEDURE A. Phase 1 - Program Preparation, Training and Implementation (15' Quarter of Grant Year) • Identify personnel and project responsibilities. • Execute professional services contract with community partners and sub - contractors. • Set up accounting system for project expenses and reporting responsibilities for Quarterly Progress Reports. • Prepare marketing/outreach strategy and materials. • Purchase program safety equipment and materials. Media Requirements • Issue a press release announcing the kick -off of the grant by November 15. The kick -off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio(diots.ca.eov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 - Program Operations (Throughout Grant Year Conduct ten (10) bilingual Traffic Skills 101 classes. Organize a League Cycling Instructor Certification Seminar with an effort to certify 12 to 15 participants. Distribute 1,500 helmets and lights (head- lights /tail - lights) at ten (10) Team Firefly events. Media Requirements • Send all grant - related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at iiooLiots.ca.Qov, with a copy to your OTS Coordinator. a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially OTS -38b (Rev. 4/15) r1- SCHEDULE A GRANT DESCRIPTION GRANT No. PS1621 PAGE 3 changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10 -20 days prior to the release date to ensure adequate tum- around time, b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre- publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio�dots.ca.aov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant - related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pioAots.ca.aov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant - funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Renortina (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year -to -date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. OTS -38b (Rev. 4/15) rI- SCHEDULE A GRANT DESCRIPTION GRANT No. PS1621 PAGE 4 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. S. ADMINISTRATIVE SUPPORT This program has full support of the City of Santa Ana. Every effort will be made to continue the activities after the grant conclusion. 075- 38b(Rev,4 /15) 20B -7 SCHEDULE DETAILED BUDGET ESTIMATE GRANT NO. PS 1621 SUB BUDGET: Education & Outreach FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 402PS 20.600 State and Community Highway Safety 100,000.00 Positions and Salaries Full -Time None Overtime None $ $ COST CATEGORY FISCAL YEAR ESTIMATES 1011115 thru 9/30/16 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -I Positions and Salaries Full -Time None Overtime None $ $ $ $ Category Sub -Total $ $ B. TRAVEL EXPENSE In -State Out -of -State $ $ $ $ Category Sub -Total $ $ C. CONTRACTUAL SERVICES None $ $ Category Sub -Total $ $ D. EQUIPMENT None $ Category Sub -Total $ $ E. OTHER DIRECT COSTS Bicycle Helmets Bicycle Safety Equipment Education and Outreach 20.600 20.600 20.600 $ 30,000.00 $ 22,500.00 $ 47,500.00 $ 30,000.00 $ 22,500.00 $ 47,500.00 Category Sub -Total $ 100,000.00 $ 100,000.00 F. INDIRECT COSTS None $ $ Category Sub -Total $ - $ _ GRANT TOTAL $ 100,000.00 1 $ 100,000.00 OTS -38d (Rev. 4,115) 206-8 SCHEDULE B -1 GRANT NO. SUB BUDGET: PS1621 BUDGET NARRATIVE Page I PERSONNEL COSTS None TRAVEL EXPENSE None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS 1,500 Bicycle Helmet(s) - helmets to be distributed during bicycle rodeos and other bicycle safety- related events. Bicycle Safety Equipment — safety equipment such as bicycle headlights /taillights, reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety- related events. Education and Outreach — will provide instructional services to teach Traffic Skills 101 courses and coach a seminar, develop and produce all marketing/outreach materials, procure and distribute bicycle helmets and satiety equipment, and organize team volunteers for Operation Firefly events. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 4/15) rl- • SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PS 1621 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL A. PERSONNEL COSTS NUMBER(CFDA) FY -I AMOUNT 402PS 20.600 State and Community Highway Safety 100,000.00 COST CATEGORY FISCAL YEAR ESTIMATES 1011115 thru 9/30/16 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -I Positions and Salaries Full -Time None Overtime None Category Sub -Total $ $ B. TRAVEL EXPENSE In -State Out -of -State $ $ _ Category Sub -Total $ _ $ _ C. CONTRACTUAL SERVICES Education and Outreach Services 20.600 $ 100,000.00 $ 100,000.00 $ Cate o Sub -Total $ 100,000.00 $ 100,000.00 D. EQUIPMENT None $ Category Sub -Total $ $ E. OTHER DIRECT COSTS None $ Category Sub -Total 1 $ 1 1$ F. INDIRECT COSTS None Category Sub -Total $ $ _ GRANT TOTALI Is 100,000.00 ED 100,000.00 OTS -38d (Rev. 4/15) P�6 1l SCHEDULE B -1 GRANT No. PS 1621 BUDGET NARRATIVE Page 1 PERSONNEL COSTS None TRAVEL EXPENSE None CONTRACTUAL SERVICES Education and Outreach Services — a local community organization will provide instructional services, develop and produce all marketing materials, procure and distribute bicycle safety equipment, and organize distribution and training events. EQUIPMENT None OTHER DIRECT COSTS None INDIRECT COSTS None PROGRAM INCOME There will be no program income generated From this grant. OTS -38f (Rev. 4/15) 20B -11 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR § 18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4— Highway Safety Act of 1966, as amended 49 CFR Part 18— Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200 — Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and all sub - recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 6/15) 20B -12 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 sub -award at all tiers (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3l, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 6/I5) 20B -13 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms cohered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded fi-om the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the Certifications And Assurances (Rev. 6/15) 20B -14 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. 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 by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this grant agreement been convicted of 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 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental 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/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. instructions for Lower Tier Certification L By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification 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 lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the Certifications and Assurances (Rev. 6/15) 20B -15 EXHIBIT A CERTIFICATIONS AND ASSURANCES department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, prirnmy covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. 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 by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certifications and Assurances (Rev. 6/I5) 20B -16 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 6 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions: The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 6 /15) 20B -17 ri- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENTS FOR SPECIAL LEGAL COUNSEL SERVICES WITH ALVAREZ - GLASMAN & COLVIN; HAIGHT BROWN & BONESTEEL, LLP., ATKINSON, ANDELSON, LOYA, RUUD & ROMO, APLC., AND FERGUSON, PRAET, AND SHERMAN, APLC. {STRATEGIC PLAN NO. 7, 3 I CITY MANAGER IJ CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Alvarez - Glasman & Colvin, subject to non - substantive changes approved by the City Manager and City Attorney, for legal services at the specified rates; 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Haight Brown & Bonesteel, LLP, subject to non - substantive changes approved by the City Manager and City Attorney, for legal services at the specified rates, for a three year period beginning October 20, 2015; 3. Authorize the City Manager and the Clerk of Council to execute an agreement with Atkinson, Andelson, Loya, Ruud & Romo, APLC, subject to non - substantive changes approved by the City Manager and City Attorney, for legal services at the specified rates for a three year period beginning October 20, 2015; and 4. Authorize the City Manager and the Clerk of Council to execute an agreement with Ferguson, Praet & Sherman, APLC, subject to non - substantive changes approved by the City Manager and the City Attorney, for legal services at the specified rates for a three year period beginning October 20, 2015. DISCUSSION The law firm of Alvarez- Glasman & Colvin shall provide special legal counsel services to the City in the matter of 1901 First Street Owner LLC v. Tustin Unified School District, Orange County Superior Court Case No. 30- 2015 - 00803234 and any and all related actions. The law firm shall provide service at a rate of $285 per hour for partners, $250 per hour for senior associates, and $220 per hour for all other associates. 25A -1 RFCA for Legal Services Agreements October 20, 2015 Page 2 The law firm of Haight Brown & Bonesteel, LLP shall provide special legal counsel services to the City to act as conflict counsel on cases when needed. The law firm shall provide service at a rate of $225 per hour for attorneys and $125 per hour for paralegals. Conflict counsel is utilized in matters where an employee and the City cannot be represented by the same attorney due to a conflict of interest. The law firm of Atkinson, Andelson, Loya, Ruud & Romo, APLC shall conduct personnel investigations as needed. The law firm shall provide services at a rate of $310 per hour for attorneys with travel time billed at $150 an hour. Paralegal services will be billed at a rate of $150 an hour and transcription services by support staff will be billed at $60 an hour. The law firm of Ferguson, Praet & Sherman, APLC has been providing legal services to the City since early 2015 and is currently handling the City's defense in four employment matters. The City wishes to continue utilizing the services of this firm for tort defense in employment cases. The law firm shall provide service at a rate of $215 for attorneys. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal # 7 (Team Santa Ana), Objective #3 (improve communication between all levels of the organization), Strategy B (promote fairness and trust to ensure organizational behavior is consistent with City values). FISCAL IMPACT The tort defense services would be paid out of the Personnel Department's Risk Management Liability Fund Account (account no. 08009051 — 62300). The funds for these Agreements are not utilized until matters are assigned to special counsel. Funds expended under these Agreements are monitored by the City Attorney's Office, the Finance Department, and Risk Management through the review of invoices and setting the reserves associated with each matter. Sonia R. Carvalho City Attorney Francisco Gutierrez Executive Director Finance & Management Services Agency EXHIBITS: 1. Agreement with Alvarez, Glassman & Colvin. 2. Agreement with Haight, Bonesteel & Brown, LLP 3. Agreement with Atkinson, Andelson, Loya, Ruud & Romo, APLC. 4. Agreement with Ferguson, Praet & Sherman, APLC. 25A -2 Exhibit I SPECIAL LEGAL CQUNSF L SERVICES AGREEMENT This AGREEMENT, made and entered into this day of October, 2015, by and between Alvarez- Glasman & Colvin ( "Attorneys "), and th& rty of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California RECITALS A. City desires to employ Attorneys to assist the in -house attorneys for the City ("City Attorney") in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the £ield of municipal litigation, and desire to undertake said services. NOW TBEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter sot forth, the parties agree as follows, 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with a lawsuit filed against the City entitled 1901 First Street Owner, LLC v. Tustin Unified School District, and any and all related actions (the "Action(s) "). Attorneys accept said retention and agree to perform, in a timely and efficient marmer, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Action, compensation at the rate of $285 an hour for partners, $250 for senior associates, and $220 for all other associates,' Time will be billed in 1 /10th of an hour increments. b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs ill excess of $5,000 require City Attorney approval prior to incurring the expense, All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PA NT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep 25A -3 Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys, Attorneys further agree, if and when their retention hereunder is terminated. by City, as hereinafter specified, they shall return tc City Attomey any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b, Pro -trial report 90 days before trial; 6. TERM The terin of this Agreement shall commence on the date first written above and terminate upon final resolution of the above- roferenced Actions, unless terminated earlier pursuant to Section 13 below, The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. ME-PENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. S. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement,. If Attorneys fail or refuse,to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination, 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold hamiless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONPIDENTIAIM If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available 25A -4 sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (6)' is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 6476956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Arnold M. Alvarez- Glasman, Esq. Noel Tapia, Esq, Christopher G. Cardinale, Esq. ALVAREZ- GLASMAN & COL�IN 13181 Crossroads Pkwy, North Suite 400 — West Tower City of Industry, California 91.746 Facsimile: (562) 692 -2244 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefaosimile, 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. 25A -5 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or, subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15, TERMINATION This Agreement maybe terminated by City at any time. In such event, Attorneys sliall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement, as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. ARBITRATION By initialing this arbitration provision, Client and Attorney are agreeing to have any and all disputes (except where Client may request arbitration of a fee dispute by the State Bar or local bar association as provided by California Business & Professions Code Section 6200, et seq.), that arise out of, or relate to this Agreement, including but not limited to claims of negligence or malpractice arising out of or relating to the legal services provided by Attorney to Client, decided only by binding arbitration in accordance with the rules of JAMS and not by court action, except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure Section 1283.05. In agreeing to this arbitration provision, ATTORNEY AND CLIENT ARE SPECIFICALLY GIVING UP: (1) ALL RIGIiTS ATTORNEY AND CLIENT MAY POSSESS TO HAVE SUCH DISPUTES DECIDED IN A COURT OR JURY TRIAL; AND, 25A -6 (II)ALL JUDICIAL RIGHTS, ]INCLUDING THE RIGHT TO APPEAL FROM THE DECISION OF THE ARBITRATOR (S). IF EITHER ATTORNEY OR CLIENT SHOULD REFUSE TO SUBMIT TO ARBITRATION, EITHER ATTORNEY OR CLIENT MAY BE COMPELLED TO ARBITRATE UNDER CALIFORNIA LAW. ATTORNEY AND CLIENT ACKNOWLEDGE THE ABOVE, AND THAT THIS MUTUAL AGREEMENT FOR BINDING ARBITRATION IS VOLUNTARY. By initialing below, Client confirms that Client has read and understands this provision and voluntarily agrees to binding arbitration, In doing so, Client voluntarily gives up important constitutional rights to trial by judge or jury, as well as rights to appeal, Client is advised that Client has the right to have independent counsel review this arbitration provision, and this entire Agreement, prior to initialing this provision or signing tl is Agreement. (Client Initial Here) (Art rney Initial Here) ARBITRATION NOTICE TO CLIENT IF THE ARBITRATION CLAUSE IN THIS AGREEMENT HAS BEEN INITIALED, CLIENT IS AGREEING TO HAVE ISSUES INCLUDING MALPRACTICE DECIDED BY BINDING ARBITRATION, AND CLIENT IS GIVING UP CLIENT'S RIGHT TO A COURT OR JURY TRIAL FOR SUCH DISPUTES. 17, SEVERABILITY IN EVENT OF PARTIAL INVALIDITY If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 18. MODIFICATION BY SUBSEOUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by bath of them or an oral agreement only to the extent that the parties carry it. out, 19. EFFECTIVE DATE This Agreement will govern all legal services performed by Attorney on,behalf of Client commencing with the date Attorney first performed services, The date at the end of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client. 20. AUTH(&ITY TO SIGN Each person signing this Agreement below represents and warrants that he /she has the authority to execute this Agreement on behalf of the party on behalf of which he /she signs. 21, DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Attorneys affirm that It is an 25A -7 equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. 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. 23. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fart, held by the signatory or is withdrawn. 24. EXECUTION OF AGREEMENT BY FACSI ILE OR COUNTERPARTS This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original, Photocopies of any executed counterpart shall have the same forre and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: TIM LAW FIRM OF ALVAREZ- SONIA R. CARVALHO GLASMAN & COLVIN City Attorney By: By. .. .____ Ryan Hodge Name: Arno d M. Al arez- Glasman Assistant City Attorney Title: Managin Partner Tax ID No, 5-3qq g5y 7 25A -8 equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. 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. 23. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to 'bind their respective parties to each of the 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. 24. EXECUTION OF AGREEMENT BY FACSIMILE OR COUNTERPARTS This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY OF SANTA ANA David Cavazos City Manager THE LAW FIRM OF ALVAREZ- GLASMAN & COLVIN By: _ Name: Arnold M. Alvarez- Glasman Title: Managing Partner Tax ID No. 25A -9 25A -10 Exhibit 2 SPECIAL LEGAL COUNSEI SERVICES AGREEMENT This AGREEMENT, made and entered into this 20th day of October, 2015, by and between Haight Brown & Bonesteel, UP ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation drily organized and existing under the constitution and laws of the State of California ("City"), RECITALS A. City desires to employ Attorneys to assist the in -house attorneys for the City ("City Attorney ") in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation, specifically, defending Cities and its employees in tort cases, and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney, as needed, with the defense of the City and its employees in tort matters, including but not limited to acting as conflict counsel and general tort defense. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Action, compensation at the rate of $225 an hoar for all attorneys and $125 an hour for paralegal work. Time will be billed in I /10th of an hour increments. b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 1 METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e, receipts, invoices, copy of check, etc). Invoices should be sent to: Senior Assistant City Attorney, Laura A. Rossini, City of Santa Ana, City Attorney's Office, 20 Civic Center Plaza, M29, Post Office Box 1988, Santa Ana, CA 92702. 25A -11 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys firrther agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. a. Attorneys agree to keep the City Attorney, Director of Personnel, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: (1) 45 day initial evaluation of case and budget; and (2) Pre -trial report 90 days before trial. b. In cases where Attorneys are acting as conflict counsel, the City Attorney and Attorneys will outline reporting parameters in writing at the time the case is assigned. 0. TERM The term of this Agreement shall commence on the date first written above and terminate in three (3) years on October 20, 2018, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 91 INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 2 25A -12 10. CONFIDENTIALITY if Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Kevin Osterberg, Esq. HAIGHT BROWN & BONESTF,F1, LLP 3750 University Ave., Suite 560 Riverside, California 92501 Facsimile: (951) 341 -8309 And 25A -13 S. Christian Stouder, Managing Partner 14AIGFIT BROWN & BONESTFEL, LLP 555 South Flower Street Forty -Fifth Floor Los Angeles, Ca. 90071 Facsimile: (213) 542 -8100 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be offective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY ANI) AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation, hr such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 4 25A -14 16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local haws 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 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective patties to each of the tenns 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. [This space intentionally left blank] E 25A -15 1 J. COUN "1'ERPARTS, SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WI- IEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: HAIGHT, BROWN & BONESTEEL, LLP SONIA R. CARVALHO City Attorney By; By:_ I,atua. A. Rossini Kevin T/stczrhemrgasc,.7� Senior Assistant City Attorney Partner Wax ID No. 95- 1607271 6 25A -16 Exhibit 3 LIMITED LEGAL SERVICES AGREEMENT This limited legal services agreement ( "Agreement') is made and entered into this 20th day of October, 2015, by and between Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City„). RECITALS A. City desires to employ Attorneys to assist the in -house attorneys for the City ( "City Attorney ") in the provision of legal and personnel investigation services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of public employment law and conducting personnel investigations. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the teens and conditions hereinafter set forth, the parties agree as follows: I. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney as needed with conducting personnel investigations. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Actions, compensation at the rate of $310 an hour for all attorneys and not to exceed $150 an hour for necessary travel time. Time will be billed in 1 /10th of an hour increments, If a paralegal is utilized, the paralegal hourly rate shall be $150 an hour. If City requests that Attorneys support staff transcribe recorded interviews of witnesses, then Attorneys shall bill the support staff at $60 per hour for these transcription services. b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, set-vice of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they 13457441 0I 2 5A -1 7 i ias7aai.i shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys under this Agreement. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. LIMITATION ON LEGAL SERVICES The scope of this representation is limited. Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, and experience in so doing. Attorneys will not render a legal deternvnation whether there was unlawful discrimination, harassment, violation of public policy, or a violation of any other law or statute for investigations under this Agreement. The City Attorney will advise the City with respect to issues of attorney- client privilege, scope of privilege, waiver, and work product in connection with services provided under this Agreement. The City and Attorneys intend that Attorneys' investigations will be covered by the attorney- client privilege and attorney -work product privilege to the extent legally permitted, although Attorneys understand that the City may choose to waive the privilege in the future. The City specifically gives its informed consent to a limited scope engagement and understands that it may seek independent legal advice concerning the proposed limited scope engagement if it wishes. 6. CITY COOPERATION City agrees to make available the witnesses and documents requested by Attorneys to permit Attorneys to perform this independent investigation. The City will designate an employee as the primary point of contact for the City for each investigation performed under this Agreement. This will include arranging access to witnesses and documents and arranging a location for interviews. 7. NO GUARANTEES It is understood that there is no guarantee or assurance that any particular result will be reached in any investigation conducted under this Agreement. 8. REPORTING REQUIREMENTS Unless otherwise directed, Attorneys will provide a written report to the City Attorney for each investigation conducted under this Agreement. Upon the conclusion of any investigation, at the City Attorney's request, the Attorneys may also provide, in a privileged document separate from the report, recommendations to assist in resolution of any or all substantiated findings. 9. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years thereafter, unless terminated earlier pursuant to Section 19 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 10. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 1050854.1 2 5A 1 -18 11, INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or r•efitse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 12. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from. liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct related to this Agreement. Since the purpose of the Attorneys' engagement is to assist the City in determining the facts related to internal personnel complaints, the City agrees to the following limited indemnity language. The City agrees to indemnify, defend and hold Attorneys, its successors and assigns, and each of its officers and employees, harmless from any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms, or other entity arising out of Attorneys' performance or non - performance of its obligations under this Agreement, unless an error or erroneous omission by Attorneys cause such darnage or loss. The City shall not indemnify Attorneys for any matter involving a claim by the City of professional negligence, or any matter for which Attorneys shall have been adjudicated to have acted in bad faith or engaged in willful misconduct or any conduct outside the scope of its retention under this Agreement. This Agreement in no way limits the Attorneys' liability for professional malpractice under California Rule of Professional Conduct 3 -400. 13. RELATED POST - INVESTIGATION SERVICES If Attorneys are asked or required to prepare for and /or testify, including, without limitation, at deposition, trial, arbitration or any other proceeding, because of services rendered under this Agreement, if Attorneys must respond to subpoenas or discovery or otherwise respond or perform set-vices with respect to any matter relating to or arising out of the services performed for City, City agrees to pay Attorneys for all time expended (including preparation time) at Attorneys' then current regular hourly rate and to reimburse Attorneys for reasonable costs and expenses incurred, whether or not the investigation has been concluded. This includes reasonable costs of legal representation. Payment is due upon presentation of a bill for services, costs, and expenses. 14. CONFIDENTIALITY If Attorneys receive from the City information, which due to the mature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Innformation" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to 13457441.1 5 25A-1 9 13457441.1 be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 15. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 16. 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 fast class or certified mail, postage prepaid, or sent by telefaesinrile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Irma Rodriguez Moisa, Senior Partner Atkinson, Andelson, Loya, Ruud & Rome, APC 12800 Center Court Drive, Suite 300 Cerritos, California 90703 Facsimile: (562) 653 -3333 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deerned 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 tirne frames, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any 006085,00005 4 1145744 1 .1 2 5A -20 purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 18. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 19. ARBITRATION The parties agree that all disputes that arise between the City and Attorneys, whether financial or otherwise regarding the attorney - client relationship, shall be resolved by binding arbitration. The parties agree to waive their right to a jury trial and to an appeal. 20. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel. 21. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations. 22. 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 firrther agree that Orange County, California, shall be the venire for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 006085.00005 [25A -21 1=457�IM11.1 3 LI 24. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVAU10 City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager ATICINSON, ANDELSON, LOYA, RUUD & ROMO, APC. By: Name: Title: Partner 'Fax ID No. 006083.00005 6 13457441.1 25A -22 Exhibit .4 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this 20th day of October, 2015, by and between Ferguson, Praet & Sherman., a California Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City "). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of law and employment law defense and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; I. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in litigation services to defend the City in labor and employment law cases and/or in administrative hearings including the City's Personnel Board as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confine their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in Rill for all of said services in regard to each such action, compensation at the rate of $215 an hour. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses, including but not limited to, mileage, expert: witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties Linder this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain 25A -23 under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and anyone other person(s) designated by the City informed of significant events in the litigation, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre -trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years fiom said comninencement date, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such infonnation except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only 25 2 -24 written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement, 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telef'acsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Bruce D. Praet, Esq. FERGUSON, PRAET & SHERMAN 1631 East 18`x' Street Santa Ana, California 92705 -7101 Facsimile: (714) 953 -1143 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth 25A -25 above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any 25 4 -26 action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. 17. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �Talu� Laura A. Rossini Senior Assistant City Attorney David Cavazos City Manager FERGUSON, PRAET & SHERMAN By: Name: Bruce D. Pract Title: Partner Tax ID No. 25A -27 25A -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: SALES TAX REBATE AGREEMENT WITH VOLVO OF ORANGE COUNTY {STRATEGIC PLAN NO. 3,3C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1e1 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a sales tax rebate agreement with SSF, INC., doing business as Volvo of Orange County for a 50 percent rebate of the increase in new sales tax generated by the dealer above a base year up to total maximum amount of $1,000,000 over a 10 -year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Sales tax rebate assistance is an economic development tool used to encourage the development or expansion of new businesses that create additional sales tax for a City. The City was recently approached by Volvo of Orange County, one of the Santa Ana Auto Mall dealerships, to consider a sales tax rebate assistance agreement to help fund their facility upgrade. The Volvo Group Global, the corporate office of Volvo of Orange County has requested dealerships to complete a remodel (interior and exterior) of their facilities to reposition themselves within the automotive market. Enhancements to the Auto Mall should be supported by the City to keep it competitive and state of the art. The remodel of the facility is estimated to cost $2.5 million dollars and will take approximately six months to complete. With the agreement to remodel, Volvo of Orange County will receive an increase in the allocation of newly designed and highly desired new vehicles for their location. It was indicated that if the facility upgrade did not occur, Volvo of Orange County would be at a competitive disadvantage as compared to other Volvo dealerships in the region. Currently, Volvo of Orange County is one of the top 50 sales tax generators for the City, while other dealers in the Auto Mall are in the top 10. Since 2011, Volvo of Orange County saw a nine percent decrease in sales, while other dealers experienced considerable increases in their sales. Improvements to their facility will only enhance their prosperity for the future. 2513-1 Sales Tax Rebate Agreement - Volvo of Orange County October 20, 2015 Page 2 The terms of the proposed agreement provide that the City will rebate a maximum of $1,000,000 over a 10 -year term. The dealer will receive 50 percent rebate of the increase in sales tax generated by the dealer above a base year (July 1, 2015 — June 30, 2016) up to $1,000,000 or 10 years, whichever comes first. Volvo of Orange County will only receive a portion of the increase in the sale tax revenue that this specific dealership generates. Therefore, existing revenues will not be impacted by this agreement. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3, (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (Explore opportunities to encourage a business friendly environment within the City through the reduction of non - essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives). FISCAL IMPACT The annual sales tax rebate amount is to be determined per the conditions and terms of the agreement. Payment amounts will be budgeted in future fiscal years and will not exceed $1,000,000 or ten years, whichever is earlier. During the fiscal year the expenditure is incurred, revenues and expenses will be recorded in the following accounts: Revenue: Sales Tax Rebate Agreement — 01102002 -50025 • Recognizing 50 percent of rebate in new sales tax generated over the defined base year Expense: Sales Tax Rebate Agreement — 01118825 -62300 Recording payment of rebate to the above - referenced auto dealer Kelly Reend f#s V �k^ Executive Di ctor Community Development Agency KR/MM /II Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez SIR, Executive Director Finance and Management Services Agency 25B -2 EXHIBIT 1 SALES TAX REBATE AGREEMENT This SALES TAX REBATE AGREEMENT ( "Agreement ") is made and entered into this 20'h day of October, 2015, by and between SSF, INC., doing business as VOLVO OF ORANGE COUNTY, a California corporation ( "Volvo "), 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. Sales tax rebate assistance is an economic development tool used to encourage the development or expansion of new businesses that create additional sales tax for a City. The purpose of this Agreement is to help offset some of the building costs and to increase sales by increasing vehicle allocation from Volvo Cars North America as a result of Volvo of Orange County meeting the new facility requirements and not as dividends to stock holders. B. The City was recently approached by Volvo, one of the Santa Ana Auto Mall dealerships, to consider a sales tax rebate assistance agreement to help fund their facility upgrade. The Volvo Group Global, the corporate office of Volvo of Orange County, has requested dealerships complete a remodel, both interior and exterior, of their facilities to reposition themselves within the automotive market. Enhancements to the Auto Mall should be supported by the City to keep it competitive and state of the art. C. The remodel of the facility is estimated to cost $2.5 million dollars and will take approximately six months to complete. With the agreement to remodel, Volvo will receive an increase in the allocation of newly designed and highly desired new vehicles for their location. It was indicated that if the facility upgrade did not occur, Volvo would be at a competitive disadvantage as compared to other Volvo dealerships in the region. D. Currently, Volvo is one of the top 50 sales tax generators for the City, while other dealers in the Auto Mall are in the top 10. Since 2011, Volvo saw a nine percent decrease in sales, while other dealers saw increases in their sales. Improvements to their facility will only enhance their prosperity for the future. E. The proposed agreement for consideration is to reimburse 50 percent of the new sales tax generated above the base year (July 1, 2015 — June 30, 2016) up to $1 million dollars, or 10 years, whichever comes first. For the remodel, the Volvo Group Global has committed to pay $500,000, while Volvo of Orange County will pay $1 million dollars for their facility upgrade. 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. DEFINED TERMS. The following terms when used in this Agreement shall have the meanings set forth below: "Base Year" shall mean July 1, 2015, through June 30, 2016 �y_g' "City Consideration" shall mean the amounts to be paid by City to Volvo for Volvo's conduct of the Required Operations during the Operating Period. The City Consideration for the Operating Period is to reimburse Volvo each Contract Year fifty percent (50 %) of the new sales tax generated in the City from the Required Operations above the base year, up to one - million dollars ($1,000,000.00), or ten (10) years, whichever comes first. "Commencement Date" shall mean the date on which Volvo completes its facility remodel and upgrade, as set forth in a written notice from Volvo to the City. The parties anticipate that such work will take approximately six (6) months to complete. "Contract Year" shall mean the period from July 1 to June 30 during each year of the Operating Period. For the purposes of this Agreement, the first Contract Year ends on June 30, 2017. "Covered Parties" shall mean the City and its elected and appointed boards; members, officials, officers, agents, representatives, employees and volunteers, "Effective Date" shall mean the date first written on page 1 of this Agreement. "Operating Period" shall mean the period commencing as of the Commencement Date, and continuing until and expiring after ten (10) years; provided, however, that Volvo may terminate this Agreement for any reason, or no reason, at any time upon one hundred and eighty (180) days' written notice to the City, "Required Operations" shall collectively refer to the following on and with respect to Volvo conducting its automotive retail sales and service operations in the City: (1) Volvo retaining and continuing to own or lease sufficient facilities in the City to allow the automotive retail sales and service operations to be conducted; (ii) Volvo's operation of the automotive retail sales and service operations within the corporate boundaries of the City; and (iii) Volvo not transferring or otherwise relocating the automotive retail sales or service operations as reported to the State Board of Equalization to another facility or location outside of the City. "Sales Tax(es)" means that portion of taxes that is allocated, paid to, and actually received by City from the imposition of the Bradley -Burns Uniform Sales and Use Tax law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law thereto, arising from all taxable sales transactions, occurring from Required Operations conducted by Volvo within the City during the Operating Period. "Sales Tax" shall not include sales tax revenues that are provided to a city based upon a special election and are limited to be used for a specified governmental function or functions. "Sales Tax Reports" shall include, for each Contract Year: (1) a statement identifying the amount of Sales Tax paid by Volvo from Required Operations within the City during the Contract Year; and, (ii) copies of all statements and reports filed with the State Board of Equalization. "Termination Date" shall occur upon the payment of one- million dollars ($1,000,000.00) In City Consideration from City to Volvo, or ten (10) years after the Commencement Date, whichever comes first, subject to extension or earlier termination of the Operating Period as set forth in this Agreement. 25B -4 2. VOLVO OBLIGATIONS, 2.1 Operating Agreement Continuous Operation. Volvo hereby covenants and agrees to continuously conduct or cause to be conducted Required Operations within the City during the entire Operating Period. Such continuous operations shall be subject to the force majeure provisions of Section 5.11 hereof. 2.2 Maximization of Sales Tax. At all times during the Operating Period, Volvo shall designate its dealership and sales office in the City as the point of sale for sales and use tax purposes in all automotive retail sales and service operations that originate from within the City. 2.3 Payment of Taxes. Volvo shall pay or cause to be paid any and all taxes applicable to or arising out of Volvo's lease, operation and /or use of its dealership and sales office in the City, including, without limitation, all taxes attributable to sales occurring at such office, except that Volvo retains its right to protest and contest County of Orange decisions related to the value of its interest in any property or leasehold. Volvo shall make or cause to be made timely sales and use tax payments to the State Board of Equalization, except that Volvo retains its right to protest and contest State Board of Equalization assessments or decisions that Volvo believes to be erroneous. 2.4• Compliance with Laws. Subject to Volvo's right to contest same, Volvo shall conduct or cause to be conducted all activities within the City and shall perform its obligations under this Agreement in conformity with all applicable federal, state, and local laws, ordinances, and regulations. Nothing in this Agreement is a representation or warranty by City that any tenant improvement or other construction work performed by Volvo within the City on or after the date of this Agreement is not a public work as defined in Labor Code Sections 1720, et seq., including but not limited to Sections 1771 and 1781. 3. CITY CONSIDERATION PAYMENTS, 3.1 Payment of City Consideration to Volvo. 3.1.1 Calculation of City Consideration. In consideration for Volvo's undertakings pursuant to this Agreement, City shall make payments of City Consideration to Volvo after the end of each Contract Year, as follows: 3.1.1.1 Subject to Paragraph 3.1,1.2 below, for Required Operations conducted by Volvo in the Operating Period, City shall pay Volvo the City Consideration based on the actual net amount of Sales Tax directly received by the City from the State Board of Equalization during that Contract Year. Subject to the terms of Section 3.1.2, the payment of City Consideration for each Contract Year shall be made in a single lump sum payment within one hundred and twenty (120) days following the end of that Contract Year. 3.1.1.2 City Consideration shall be payable from any source of funds legally available to City. In this regard, it is understood and agreed that the Sales Tax from Volvo's Required Operations in the City is being used merely as a measure of the amount of City Consideration payments that are periodically owed by City to Volvo, and that City does not and legally cannot pledge any portion of that Sales Tax to Volvo. 25B -5 3.1.2 Payment Procedure. 3.1.2.1 After the end of each Contract Year, and no later than one hundred and twenty (120) days after Volvo's payment of the Sales Tax to the State Board of Equalization for that Contract Year, Volvo shall submit to City the Sales Tax Reports for the preceding Contract Year and a written request for payment of the City Consideration owing to Volvo. Any delay shall not constitute either a breach of this Agreement or a waiver of Volvo's right to receive the City Consideration under this Agreement, but may result in a delay in the City's payment of City Consideration to the extent that such delay by Volvo causes the City to be unable to meet its payment obligations in a timely manner. 3.1.2.2 Payment of the amount determined by City to be owing to Volvo for each Contract Year shall be made by City within one hundred and twenty (120) days after the later of the following: (1) Volvo's submission of its completed payment request; and (ii) City's verification, based upon corroborating information provided to City by either the State Board of Equalization and /or a sales tax consultant retained by City, that City has received the Sales Tax attributable to sales from all Required Operations within the City for the applicable Contract Year. Any disapproval by City of a Volvo payment request shall state in writing the reasons for disapproval and shall be provided to Volvo within fifteen (15) days after City has received information necessary to make the determination that the payment request cannot be approved. City agrees to expeditiously process Volvo's requests for payment of City Consideration. Volvo expressly understands that nothing contained in this Agreement shall obligate or otherwise commit City to pay the City Consideration for a Contract Year unless and until City receives reasonably satisfactory verification that City has received the Sales Tax attributable to sales from the Required Operations in the City for that Contract Year. 3.1.2.3 In the event that the State Board of Equalization conducts a review or audit of Volvo's Required Operations or Sales Tax payments during the Operating Period that results in an actual and final loss or reduction of monies that City has already paid to Volvo as City Consideration for one or more Contract Years, or in the event that Volvo amends any sales tax returns that causes a reduction in the Sales Tax due to the City for one or more Contract Years, Volvo shall, within thirty (30) days of its -receipt of written notice by the City, return that portion of the City Consideration attributable to the monies that were lost or reduced. In the event that the State Board of Equalization conducts a review or audit of Volvo's Required Operations or Sales Tax payments during the Operating Period that results in an increase of Sales Tax that Volvo must pay for one or more Contract Years, or in the event that Volvo amends any sales tax returns that causes an increase in the Sales Tax due for one of more Contract Years, Volvo shall inform the City and the City shall commensurately increase the City Consideration paid by Volvo. The provisions of this paragraph shall survive the termination of this Agreement. 3.124 The parties acknowledge that certain payments of Sales Tax received by City may be based on estimates and that such amounts will be periodically reduced or increased by the State Board of Equalization to reflect the actual amount of Sales Tax owed to City. The City Consideration payments shall be adjusted accordingly as necessary to conform to such reconciliations. The adjustment shall be made within sixty (60) days through a payment by Volvo to City in the case of an overpayment to Volvo, or a payment by City to Volvo in the case of an underpayment to Volvo. Within thirty (30) days of a written request by Volvo, the City shall provide Volvo with documentation to substantiate the adjustment of the City Consideration payment(s). r 3.1.2.5 Within ninety (90) days following the end of each Contract Year, the City may conduct an accounting of all of Volvo's Sales Tax Reports and Sales Tax payments during the immediately preceding Contract Year, and the amount of the City Consideration payments made to Volvo during that immediately preceding calendar year. However, the City may also conduct such an accounting at any time by giving thirty (30) days written notice in the event that facts or circumstances arise, such as change in operations, change of ownership or business entity status, which can impact the method or amount of Volvo's Sales Tax Reporting or Payments. The City shall provide Volvo a copy of that accounting and reconciliation upon its completion. In the event that the accounting and reconciliation identifies a disparity between the Required Operations, Volvo's Sales Tax payments, or City Consideration during that immediately preceding calendar year, appropriate adjustments shall be made within sixty (60) days by a payment from Volvo to City in the case of an overpayment to Volvo, or a payment from City to Volvo in the case of an underpayment to Volvo. 3.1.3 No Acceleration. It is acknowledged by the parties that any payments by City provided for in this Agreement may only be paid for those periods in which City receives the performance of Volvo pursuant to this Agreement. Therefore, the failure of City to make any payments or the failure by City to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future City Consideration payments by City to Volvo. 3,2 Conditions Precedent to City's Obligations. City's obligation to perform hereunder, including without limitation its obligation to pay the City Consideration pursuant to Section 3.1 of this Agreement, shall be contingent and conditional upon Volvo's full and satisfactory performance of its obligations set forth in this Agreement. Notwithstanding the foregoing, any delay by Volvo in sending reports or other information to the City, or the existence of inadvertent errors in reports or information sent by Volvo to the City, shall not constitute either a breach of this Agreement or a waiver of Volvo's right to receive the City Consideration payable under this Agreement. However, such delay or error by Volvo may result in a delay in the City's payment of City Consideration to Volvo to the extent that such delay or error by Volvo causes the City to be unable to meet its payment obligations on a timely basis. 3.3 Disclosure of Payments. Volvo agrees that the City Consideration payments and the amounts thereof do not constitute a violation of Revenue and Taxation Code Section 7056 or any other provision of law pertaining to the disclosure of sales tax information, shall be a matter of public record, may be disclosed to any person, and may be included on the City's warrant register. Volvo waives any law that is contrary to any of the agreements in this Section 3.3. 3.4 City Facilitation of Site Improvements. The City shall take commercially reasonable steps to expedite the review and processing of building permits, certificates of occupancy and final instruction, and other permits, approvals and entitlements needed by Volvo in connection with the remodel of its facility. 4. TERMINATION RIGHTS. 4.1 City Termination Rights. Subject to the force majeure provisions of Section 5.11 below, City shall have the right to terminate this Agreement if, following the Commencement Date, Required Operations are not conducted within the City for a period of ninety (90) consecutive days. 25B-% 4.2 Volvo Termination Rights. Volvo may terminate this Agreement for any reason, or no reason, upon one hundred and eighty (180) days written notice to the City. 4.3 Mutual Termination Rights. City makes no representation or warranty to Volvo as to the legality of the City Consideration payments or the City's authority to make such payments. In the event that a final, non - appealable judgment or decree is rendered against City invalidating its payment obligations set forth in this Agreement, either City or Volvo may terminate this Agreement by delivery of written notice of termination to the other party. GENERAL PROVISIONS, 5.1 Entire Agreement, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter hereof. Any amendment or modification to this Agreement must be in writing and executed by Volvo and City. 5.2 Limitations on City's Liability. Volvo acknowledges and agrees that: 5.2.1 The relationship between Volvo and City pursuant to this Agreement is and shall remain solely that of contracting parties, and City neither undertakes nor assumes any responsibility pursuant to this Agreement to review, inspect, supervise, approve, or inform Volvo of any matter in connection with this Agreement or the Required Operations; 5.2.2 City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property, except to the extent proximately caused by City's active negligence or intentional misconduct, resulting or in any way arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Volvo or any of Volvo's agents, employees, independent contractors, licensees, sub lessees or invitees; or (c) any accident at the Volvo facility, or any fire or other casualty or hazard thereon; and 5.2.3 By accepting or approving anything required to be performed or given to City under this Agreement, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 5.3 Interpretation; Governing Law; Venue. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of law principles. All legal actions must be instituted and maintained in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that County. 5.4 Severability. If any term, provision, Agreement, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 5.5 Binding Effect; Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. r 5.6 No_ tices. All notices and other communication required under this Agreement shall be in writing and shall be delivered by either: (1) personal delivery, (ii) reliable courier service that provides a receipt showing date and time of delivery, (iii) registered or certified U.S. Mail, postage prepaid, return receipt requested, or (iv) facsimile. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto: To City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Manager Facsimile: (714) 647 -6954 To Volvo: SSF, Inc., dba Volvo of Orange County 1400 South Dan Gurney Drive Santa Ana, CA 92705 Attention: James Speck, President Facsimile: (714) 480 -9533 Each notice shall be deemed delivered on the date delivered if by personal delivery or by overnight courier service, on the date of receipt as disclosed on the return receipt if by mail, or on the date of transmission with confirmed successful transmission and receipt if by facsimile. By giving to the other party written notice as provided above, the parties to this Agreement shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses or contact persons. 5.7 Representations and Warranties. As a material inducement to City's entry into this Agreement, Volvo represents and warrants to City that (1) Volvo has the full power and authority to enter into and perform under this Agreement; and (ii) all authorizations and approvals required to make this Agreement binding upon Volvo have been duly obtained. As a material inducement to Volvo's entry into this Agreement, City represents and warrants to Volvo that, subject to and limited by the provisions of Section 5.2: (1) City has the full power and authority to enter into and perform under this Agreement; and, (ii) all authorizations and approvals required to make this Agreement binding upon City have been duly obtained. 5.8 Litigation Expenses. If either of the parties institutes any legal action against the other in connection with any controversy related to, concerning or arising out of this Agreement, or any facts based upon or involving this Agreement, then the prevailing party, whether in court, through mediation, arbitration or by way of out -of -court settlement, shall be entitled to recover from the non - prevailing party such prevailing party's reasonable attorneys' fees, court costs, expert witness fees and other expenses relating to such controversy, including such fees, costs and expenses on appeal, if any; and the arbitrator(s), if any, is hereby authorized to make such an award to the prevailing party in arbitration. 5.9 Termination. In the event this Agreement terminates, no termination shall release any party in default and this Agreement shall survive for purposes of allowing a party to enforce its rights and remedies under this Agreement in the event of a default, including without limitation the provisions of Section 4.3. All indemnification provisions and any other provision r • that by its nature cannot be performed during the term of this Agreement shall survive the termination of this Agreement. 5.10 Defense of Third Party Claims. To the fullest extent permitted by law, Volvo shall indemnify, defend and hold harmless the City, its officers, agents, and employees from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs in the event that a third party files litigation challenging the validity or enforceability of this Agreement, or any payment of the City Consideration by the City to Volvo. The City and Volvo may jointly defend the Agreement and /or City Consideration payment. If the litigation is filed only against the City, Volvo may move to intervene as a defendant, respondent or real party in interest, based upon the nature and form of the litigation. 5.11 Force Maieure. The obligations by either party hereunder shall not be deemed in default and times for performance hereunder shall be extended where delays are caused by fire /casualty losses; strikes, riots or war; litigation; unusually severe weather; inability to secure necessary labor, materials or tools because of a shortage in the market; delays of any contractor, subcontractor or supplier; unjustified acts or failure to act by City in the processing or approval of plans or permits or inspection or approvals of improvements for Volvo's facility remodel; acts of God, or other similar causes without the fault and beyond the reasonable control of the party, despite the party's diligent efforts (collectively, "force majeure "), if written notice is provided to the other party within a reasonable period following commencement of any such circumstances and, provided further, that the extension of time shall be only for the period of the force majeure delay. Adverse market conditions or the inability to obtain financing shall not constitute an event of force majeure. 5.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 25B -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council •••.• r, • *;u SONIA City AM By: Ryan RECOMMENDED FOR APPROVAL: Kelly Reenders Executive Director — CDA CITY OF SANTA ANA DAVID CAVAZOS City Manager SSF, Inc., dba VOLVO OF ORANGE COUNTY James Speck President Tax ID# 25B -11 25B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT ACCEPTING 2015 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS (STRATEGIC PLAN NO. 1, 36) CITY MA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Accept the 2015 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $88,392 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account in the respective fiscal year(s). 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute a three - year agreement with the County of Orange, Sheriffs Department to transfer the 2015 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $88,392. DISCUSSION The 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions. It is a formula grant that blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. JAG requires a single unit of county government to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of the entire County. A memorandum of understanding designated the County of Orange, Sheriff - Coroner Department as the lead agency for this program. For FY 2015, $97,133 has been allocated for Santa Ana. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff - Coroner Department will retain $8,741 (9.0 percent) for administrative fees. 25C -1 Agreement — 2015 JAG October 20, 2015 Page 2 The remainder of the funds in the amount of $88,392 will be utilized by the Police Department for overtime ($79,944) to augment gang enforcement, enhance educational opportunities, enhance community policing efforts, and for advanced gang investigative training and associated travel ($8,448). 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 B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT 2015 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $88,392 will be budgeted into the Byrne Justice Assistance revenue account (no. 12814002 - 52001) and the appropriation to expenditure account (no. 12814409 - various); allocated by fiscal year as follows: FY 2016 -17 ($48,420); FY 2017 -18 ($39,972). 0-/ Carlos Rojas Chief of Police Police Department Exhibit: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: A mZ Z w r . Francisco GutierrezA,t.._ Executive Director Finance & Mgmt. Services Agency 25C -2 7 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM DJ -SX -0226 THIS AGREEMENT is entered into this 22"A day of S.e ember' 2015, which date Is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the City of C�(,\M-ca / r) , a municipal corporation. WHEREAS, COUNTY, acting through its Sheriff - Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of 10 (ten) units of local government, including SHERIFF and the cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, La Habra, Orange, Santa Ana and Westminster; hereafter referred to as "SUBGRANTEES ". As required by the jurisdictional application, the SHERIFF has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance (hereinafter referred to as "JAG ". WHEREAS, the purpose of the grant is to supplement the resources available to prevent' and control crime within the County of Orange that are operated by individual agencies included In the above - referenced 10 units of local government, as set forth in Attachment A "ProgramsI Narrative ", which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for grant purposes, which may include local initiatives, technical assistance, strategic planning, research & evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and Information systems for law enforcement, as more particularly described in Attachment A hereto. CFDA 16.738 FY2015 JAG Program U.S. Deparunent of Justice Page t of 5 25C -3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B hereto ( "How to Apply for JAG Grant Reimbursements "), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C ( "JAG Program Allocation "), which is attached hereto and Incorporated herein by reference. 2. SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto (hereinafter called "grant property and equipment'] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ( "Edward Byrne Memorial Justice Assistance Grant Reporting Requirements "), attached hereto and incorporated herein by reference. CFDA 16.739 FY2015 JAG Program U.S. Departmem 00ustice Page 2 of 5 25C -4 1 2 3 4 5' 6 7i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E ( "2015 Grant Award & Special Conditions ") and Incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the I State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including', Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. '.. CFDA 16.738 '.. FY2615 JAG PrG9MM U.S. Department nfJast 0 Page 3 of 5 25C -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for Inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and Its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. n H CFDA 16.738 FY2015 JAG Pwpam U.S. Dcpartaimt ofJuslice Page 4 of 5 25C -6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 2015 COUNTY OF ORANGE, a political subdivision of the State of California APPROVED AS TO FORM: COUNTY COUNSEL By Z- Deputy DATED: 4k —8-1 2015 ATTEST: By City Clerk DATED: 2015 CMA 16738 FY2015 JAG Program U.S. Depnrtmcnt gflusucc 2 Sandra Hutchens, Sheriff- Coroner Sheriff- Coroner Department "COUNTY" SUBGRANTEE By Name and Title City DATED: on APPROVED AS TO FORM wv�..� Laura A. Rossini Senior Assistan( City Attorney Pine 5 of 5 25C -7 Attachment A PROGRAM NARRATIVE General Description of Program Activities: 2015 -DJ -BX -0226 The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes ten units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the program /purpose areas outlined in the grant solicitation. The ten units of local government in the jurisdiction will utilize the funds for law enforcement, local initiatives, technical assistance, strategic planning, research and evaluation, data collection, personnel, equipment, forensic laboratories, supplies, contractual support and information systems for program areas. The JAG funds support all components of the criminal justice system, from multi - jurisdictional drug and gang task forces to crime prevention programs, prosecution and court, corrections, drug treatment and enforcement and technology improvements. Page I of 22 25C -8 Attachment A 201 S- D.1 -BX -0226 The County of Orange– Sheriff- Coroner Department, Orange County Crime Laboratory proposes to use the 2015,fustice Assistance Grant Progr•arn firnclirig as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support:, and criminal justice information systems that will improve or enhance such areas as: Law Enforcement PROJECT NARRATIVE, Proposed program activities - The Orange County Crime Laboratory services over 30 law enforcement agencies and is the only full service forensic laboratory providing service to the County of Orange as a whole, `The laboratory handles more than 30,000 cases per year, conducting over 225,000 exams. The laboratory is requesting ten latent print comparison expert workstations and a new laptop computer for breath alcohol operator training. The Latent Comparison Section conducted over 4,000 exams on over 1,350 cases in 2014. The latent print examiners spend their day sitting at workstations conducting meticulous and tedious evaluation of fingerprints. New sit -stand workstations are needed as the cumulative impact of prolonged sitting increases health risks. The risks range from physical ergonomically- related problems to metabolic, cardiovascular and cancel risks due to limited physical activity. Alternating between standing and sitting positions is a direct solution without losing productivity. Need for program s— The Forensic Alcohol unit oversees all evidential breath alcohol testing in the County, including all breath alcohol instrument operator training. The Crime Lab has trained more than 5,000 operators to date and in 2014 provided instrumentation for the evidential testing of over 7,000 subjects. The unit is requesting a new laptop computer to update the technology utilized in the operator training program. The technology currently is use is nearly ten years old. The Crime Lab provides services to all law enforcement and has stakeholders that include the DMV, OCDA, OCPD, private defense and the Orange County Coroner Division. The laboratory has partnered with emiversities, public health coalitions and task forces, Social Services and Community Programs and their partners. PRJECT GOALS 1. Improved workspace for the Latent Print Examiners can improve productivity and case throughput. 2. Improved technology for Breath Alcohol Operator Training assists with the training capabilities of the instructors, 3. More efficient case throughput enables more latent prints to be examined and used as investigative tools in criminal cases. Page 2 of 22 25C -9 Attachment A 2015 -DJ-BX -0226 4. Betterment of training allows for more operators available to provide roadside testing in DUI investigations. S. The Crime Lab services every law enrorcement agency in the County, improving the tab ensures the best forensic service to the public and overall public safety services. PROJECT S "TRAT"EGIES The equipment will be utilized to conduct casework and training for all law errPorcement agencies in Orange County including the District Attorney's Office, California Highway Patrol and the Orange County Sheriff-Coroner, Coroner Division. The project is equipment purchase to better enable and improve workspace and technology for two sections of the Orange County Crime Lab. PROJECT IDENTIFIERS Crime Laboratory, Equipment— Forensic, System Improvements and Impaired Driving BUDGET DETAIL AND NARRATIVE JAG 'funds will be utilized to purchase: The latent print examiner workstations, 10 total, are expected to cost $16,000. The laptop computer for breath alcohol operator training is expected to cost $2,000; total project budget of $18, 000. Anything in excess of this amount will be incurred by the County/Sheriff-Coroner Department. Total: $18,000 TIMELINE AND /OR PROJECT PLAN Once the funds are received and made available by the County Board of Supervisors' approval process, the equipment requested will be purchased. All purchases must go through the required County purchasing process and may be subject to competitive public bid. The difference in the cost of the project and the JAG funds, if received, will be offset with Orange County Crime Laboratory Division fluids. All purchases will be completed in FY 15 -1& FUNDING Total Allocation: $18,478 Administrative Fee (9 %): $1,663 Funds Retained by City /County: $16,815 Page 3 of 22 25C -10 Attachment A 2015 -DJ -BX -0226 City: Anaheim -- Anaheim Police Department (APD) The City oflInaheint proposes to use the 1015.1crstice Assistance (;rant Program /trrriling as fbllolvs: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs -Overtime PROJECT NARRATIVE Proposed program activities -- The Anaheim Police Department (APD) is requesting to use JAG funds to support overtime expenses for sworn personncl in the following divisions: Operations, Operations Support, Investigations and Special Operations. Dueto budget constraints, APD's overtime budget has been under- funded for a number of years. Need for programs__ Although the police department has been actively recruiting and hiring new officers, staffing levels are still low. Therefore, utilizing overtime hours is necessary to provide adequate service levels. Overtime hours will be assigned to employees within the previously mentioned four divisions at the discretion ofAPD's command staff. PROJECT GOALS The goal for this project is to improve and enhance the community's safety, while working with a limited budget and reduced staffing levels. In order to accomplish this, overtime hours will be authorized at the discretion of the department's command staff. PROJECT STRATEGIES Overtime hours will be authorized for individual employees at the discretion of the command staff. A separate account code will be assigned specifically for this project. A copy of all overtime documents will be approved by the appropriate personnel prior to submission for reimbursement. A payroll report of all overtime hours and any other required documentation will be included in each reimbursement request submitted to the Orange County Sherift's Department. PROJECT IDENTIFIERS Overtime BUDGET DETAIL AND NARRATwL Overtime for the Department's personnel will range from $45.00 to $99.00 per hour, depending on the position and rank of each employee. Due to budget constraints, APD is Page 4 of 22 25C -11 Attachment A Currently curable to fully fund overtime expenses. 2015 -17J- 13X-0226 TIMELINE AND /OR PROJECT PLAN The project goals and objectives will be impl.emcnted upon DOJ's approval of the JAG program funds and Anaheim's City Council approval to utilize the JAG funds for this project. FUNDING "Total Allocation: $90,913 AdministrativeFee(9 %): $8,182 Fcmds Retained by City /County: $82,731 Page 5 oe22 25C -12 Attachnxent A 2015 -DJ -BX -0226 City: Costa Mesa The City of Costa Mesa Proposes to tese the 2015 Justice zlssistance Grant Prograrn fi ncling as JbI/ows: PURPOSE AREAS Planning, evaluation and technology improvement programs PROJECT NA RR A TI V E The Costa Mesa Police Department's proposed program activity is to maintain and further develop a recently implemented live streaming -video system, based out of the South Coast Plaza retail district. That project was funded with prior approved JAG funds. The implemented system enables live video- capture, of any activity within South Coast Plaza's two - block area, to be streamed to designated police ears' mobile data terminal screens. This facilitates reduced response times and improved coordination to high risk and terrorist type incidents, e.g, active shooter, armed take -over jewelry store robberies, etc. The previously implemented live -video streaming system is linked to any of over 200 remote CCTV cameras located throughout South Coast Plaza's properties. The South Coast Plaza retail district, located at 3333 Bristol Street and 3333 Sear Street, have been designated by the Department of Homeland Security (DHS) as the number 10 terrorist soft target among 600 designated terrorist targets throughout Orange County. A federal ACAMS (Automated Critical Asset Management Systems) assessment has been conducted at this site. With 25 million customers who frequent this location annually, SCP has been deemed by DRS as reasonably likely to experience a terrorist -type attack (active shooter, etc.), PROJECT GOALS The department's project goal is to fund required warranty and service to keep the live video streaming system operational. The live video streaming system's continued operation will enable its evaluation for further development. One such possible development, being considered, is to enable police officers working at the SCP police substation to be able to stream live video to responding police cars' MDT screens. Presently, the live video streaming system is operated by South Coast Plaza dispatch staff, who are able to assign any chosen camera (activity location) and stream live video to designated CMPD patrol car. PROJECT STRATEGIES To accomplish the department's 2015 JAG project goal, the agency will obtain quotes from vendors that can supply the identified service, techno logy and/or e q u i p in e n t needed. PROJECT IDENTIFIERS t) Electronic Monitoring, 2) System Improvement BUDGET DETAIL AND NARRATIVE Preliminary quotes have been obtained for the department's proposed program. The estimated cost includes: Page 6 of 22 25C -13 Attachment A 2015- DtJ -BX -0226 Annual service cost, for continued live video streaming to 10 CMPD police vehicles (100 total viewer hours per month, over a t2 -month period): $7,500 per year (x 2 years) = $15,000 Annual hardware warranty for portable Ultra 5D /HD systern (i.e. interfacing hardware that enables capture and live video streaming to patrol car MOTs): $2,500 per year (x 2 years) = $5,000 Total; $20,000 Arole: ttll costs in excess q/' allocated 2015 J-IG funding i.vill be .irnded by the City of Costa Mesa, TIMELINE, AND /OR PROJECT PLAN The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation forexpendiunes FUNDING: Total Allocation: $18,158 Administrative Fee (N %): $1,634,22 Funds Retained by City /County: $16,52178 Page 7 of 22 25C -14 Attachment A 2015- I)J -BX -0226 City, P+ullertou The City oJ'Fullerton proposes to use the 2015 Justice Assistance Grant Pros;*ram fiaiding as fblloi,vs: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice iii formation systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRATIVE Proposed program activities - Funding for the proposed JAG 2015 Cold Case Project will pay for 2 part -time Consultants /Detectives to continue to re -open, re- investigate and, where possible, solve cold cases of homicide through the use of technology not available at the time the crime was committed. The 2015 JAG grant will be used exclusively for the Cold Case Project noted above. Program need - Currently, the Fullerton Police Department has about 20 unsolved cases of murder on its books going back over 30 years. Clearly, the crime of murder calls for the greatest use of police resources to ensure justice for the victim, the victim's laved ones, and the murderer. However, through a lack of evidence and witnesses, and - especially with decades -old crimes- a lack of technology, some crimes of murder were seemingly impossible to solve. Now, recent and rather astounding advances in both the collection and analysis of evidence make it possible to solve previously unsolvable cases. Nonetheless, these cold cases will still require many hours of old - fashioned detective work, and with reduced budgets and a Police Department already stretched to its limits preventing and solving present -day crimes„ these cold cases do not receive the attention and resources they deserve. The Department's ongoing Cold Case Project was initiated through JAG funding, and currently, our detectives are involved with two cold cases, one of which is coming close to being solved and prosecuted. The proposed JAG 2015 Cold Case Project would provide the needed manpower to continue these and other cases which are especially time- consuming and difficult to investigate cite to the many years which may have transpired since the crime was committed. PROJECT GOALS The primary goal of the project is to reopen and reinvestigate cold cases of homicide and, where possible, solve and prosecute these cases. Page 8 of 22 25C -15 Attachment A 2015- DJ -13X -0226 PROJECT STRATEGIES With oversight from the Sergeant in charge of the Detective Unit, the Cold Case Project will utilize the expertise and experience of two retired police detectives acting as consultant /specialists to reopen, reinvestigate and, where possible, solve cold cases of murder. Having experienced officers earning a modest hourly rate of $31.01 per hour means that the funding dollars will go much further than paying regular detectives. Both of these detectives will work an estimated 10 hours per week (520 hours each) for one year for a total of t,040 man hours. The Fullerton Police Department will pay for any in-kind costs exceeding the JAG 2015 budget. These detectives will review the Department's cold cases and give priority to those with DNA evidence which could now provide clues sufficient to bring a'killer or killers to justice or at least bring closure to a case. Besides managing the newly- reopened cases and directing the processing of evidence, with the in -kind assistance of the CSI staff, these detectives will also conduct interviews and other research as necessary. When sufficient evidence is produced and a murder suspect is identified, these cold cases will, whenever possible, be brought to the District Attorney's Office for prosecution. 2014 JAG funds have enabled our Cold Case investigators to identify a suspect for a 19$3 homicide, and this case is also being presented to [lie District Attorney's Office for review this week. The 2015 JAG grant will fund the work needed on two new cold cases from 2001 and 2004, one of which is an international case involving a Canadian victim. PROJECT IDENTIFIERS Cold Cases BUDGET DETAIL AND NARRATIVE All monies will be used to pay the $31.01 per hour Personnel cost of the two Consultants /Detectives. $31,01/hr. x 2 detectives x 520 hrs. $32;250 Less ha. -Kind 6,915 TOTAL JAG 2015 COST $25,335 TIMELINE ANWOR PROJECT PLAN Due to the complexities of a cold case, a specific timeline and guarantee of solving a cold case is not possible. However, it is projected that cold case detectives will reopen, thoroughly investigate and, where possible, solve and bring for prosecution one to two cold eases within one year. FUNDING Total Allocation: $27,841. Administrative Fee (9`Yq): $2,506 Funds [retained by City /County: $25,335 Page 9 of 22 25C -16 Attachment A 2015 -DJ -BX -0226 City: Garden Grove The City of Garden Grove proposes to use the 2015 ,lustice Assistance Grant Program fentding as J6110rvs: PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRATIVE The Police Department will use 2015 JAG funds to pay a portion of its jail services contract. The first contract was put into place in 2000, and has saved the Department tens of thousands of man - hours. What was previously at least a two -hour process for the arresting officer now takes only 15 minutes, allowing the officer to return to patrolling the streets. The jail services contract is an indispensable component of Department operations and is Ivey to maximizing officer's time spent out in the community. PROJECT GOALS The Depaumictit's goal for utilizing a jail services contract is to create operational efficiencies and increase time patrol officer's time spent "on the streets." The time saved is equal to the productive hours of more than six patrol officers, and this time can be used to augment patrol operations. PROJECT STRATEGIES Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety rather than expending energy and resources on jail operations. Prior to the contract, officers would spend approximately two hours processing and transporting an arrestee. If the arrestee required medical clearance, that process could be extended by several hours. Now, sworn police officers complete preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes while the jailers complete the fingerprinting, photographing, transporting, etc. procedures. This increases the officer's availability to handle additional calls for services. In 2014, the jailers processed 5,619 arrestees, saving sworn officers, approximately 11,238 hours that would have been spent processing arrestees. PROJECT IDENTIFIERS Community Policing; Detention (Non - residential). The Garden Grove Police Department implemented the Community Policing philosophy many years ago. Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. BUDGET DETAIL AND NARRATIVE Page 10 of 22 25C -17 Attachment A 2015 -DJ -BX -0226 The funds retained by the City will help to of set the annual cost of the jail services contract. For FY 2015 -16 the monthly cost of the contract will be $42,886 The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor. Personnel services provided under this contract. guarantee 24/7/363 staffing of the jail at 9.625 FTE. TIA'[ELINE AND /OR PROJECT PLAN The ,jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing effects to return to their patrol duties quickly, thus enhancing the policing presence in the City. FUNDING Total Allocation: $33,089 Administrative Fee (9 %): $2,978 Funds Retained by City /County: $30,111 Page 11 of 22 25C -18 Attachment A 2015 -DJ -M -0226 City: Huntington Beach The Cite of Huntington Beach Police Departinent proposes to use the 2015 Juslice Assistance Grant Program funding is follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement and planning, evaluation, and technology improvement PROJECT NARRATIVE Proposed program activities- - The Huntington Reach Police Departtncut proposes evaluating and implementing a body worn camera program during the life of this grant. We are currently developing policy for the program and will be testing three different vendors, Once the vendor is chosen, we will use the awarded grant funds for the purchase of the body worn cameras, docking stations, hardware and network infrastructure support to implement the program. Program need— Body worn cameras can help improve the high - quality public service expected of police officers and promote the perceived legitimacy and. sense of procedural justice that communities have about their police departments. Furthermore, departments that are already deploying body -worn cameras tell us that the presence of cameras often improves the performance of officers as well as the conduct of the community members who are recorded. This is an important advance in policing. PROJECT GOALS Our goal would be to implement a body worn camera, using the technology and evidence it creates to further the mission of providing law enforcement services to our community and maintaining public trust. PROJECT STRATEGIES After careful evaluation of different vendors, developing policy and community support, our strategy will be to equip every uniformed police officer of the department with a body worn camera, as part of a department wide body worn camera program. PROJECT IDENTIFIERS Body Worn Cameras BUDGET DETAIL AND NARRATIVE The purchase will be used for body worn camera equipment only. The cameras cost between $600 and $800 each depending on which vendor vve choose. We will he equipping approximately ISO uniformed officers at a cost of $90,000 - $120,000. We will use the awarded Page 12 of 22 25C -19 Attachment A 2015 -DJ -BX -0226 grant funds to partially pay for the equipment cost. The remaining cost will come from other funds within our agency budget. TIMELINE; AND/OR PROJECT PLAN The body worn camera project should be completed and implemented by March 31, 2016. FUNDING Total Allocation: $26,633 Administrative Pee (9 %): $2,397 Funds Retained by City /County: $24,236 Cage 13 of 22 25C -20 Attachment A 2015 -DJ -BX -0226 City: La Habra The 0tv of La flethra proposes to arse the 2015 ,hestice Assistance Grant Program fimdirig as ./ollows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement- Overtime PROJECT NARRATIVE, Proposed program actdvitdes- The La Habra Police Department currently employs a policing concept called "Crime Reduction Strategy" (CRS) which is similar to the data- driven police accountability model known as "COMPSTAT ". CRS is a management process, within a performance management framework, that synthesizes analysis of crime and disorder data, strategic problem solving, and a clear accountability structure. CRS facilitates accurate and timcly analysis of crime and disorder data, which is used to identify crime patterns and problems. Based on this analysis, tailored responses or "strategies" are implemented through rapid deployment of personnel and resources. An accountability structure is key to ensuring the analysis is acted upon and the responses are implemented corTectly as well as assessing whether the responses are effective in reducing crime and disorder. Program raeed The La Habra Police Department proposes to use the 2015 JAG funds to cover overtime expenditures caused by rapid and ongoing deployment of personnel from our bicycle patrol unit to our identified crime districts. Current bicycle patrol deployments are very limited and only occur when sufficient staffing exists to cover shifts. The bicycle patrol unit will work to significantly impact identified crime trends in our districts, as well as addressing quality of life issues reported by community residents. PROJECT GOALS The goal of this project is to overtime fund bike patrol teams in identified crime districts, as well as respond to community concerns of specific quality of life issues. PROJECT STRA'T'EGIES The entire JAG grant allocation for the City of La Habra ($10,742) wilt be spent on finding bicycle patrols and response to community concerns regarding quality of life matters. PROJECT IDENTII' IERS Community Policing Page 14 of 22 25C -21 Attachment A Crime Prevention 2015 -DJ -BX -0226 BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program — Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and Other category) -- The deployment phut will consist of approximately (148) hours of overtime to staff" the bike patrol assign.mnts to address specified crime districts and community quality of life concerns. This is based upon an average overtime rate (non - benefited) of $66.20 per hour. TIMELINE ANWOR PROJECT PLAN Identify when the goals and objectives will be completed. This project involves developing a simple deployment plan, based upon crime analysis of our crime districts, and it is anticipated to be completed within 120 days of grant approval. FUNDING Total Allocation: $10,742 Administrative Fee (9 %): $966.78 Funds Retained by City /County: $9,775.22 Page 15 of 22 25C -22 Attachment A 2015 -DJ -BX -0226 City: Orange The City of Orange proposes to use the 2015 Justice Assistance Grant Program firncling as ,falloivs: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: The purpose area for use of funds is Law Enforcement. PROJECT NARRATIVE Proposed project activities-- - During 2014, Orange Police Department investigated thousands of crimes, a majority of which directly or indirectly involved a cellular phone. The investigations discovered the suspects /victims use and /or possession of cellular phones during the commission of crimes or when being victimized. Cellular phones contain minute by minute digital evidence of a suspect and /or victim's location and communication before, during and after the commission of a crime. The timely retrieval of this evidence in some cases may be lifesaving and be the only link that helps detectives solve the crime or locate the victim. By obtaining sophisticated cellular phone forensic extraction (hardware / software, the Orange Police Department will be able to investigate technologically complex investigations. In addition, cellular phones are frequently used by suspects to store evidence of criminal activity or victimization. This equipment will also assist in the prosecution of suspects using evidence that simply could not be obtained by traditional methods. Program need Due to the prevalence of cellular phones in our society, the Orange Police Department needs to obtain sophisticated cellular phone forensic extraction hardware / software in order to improve investigative effectiveness as technological advances increase, 'There have been times that physical evidence is complimented and strengthened by digital evidence. On occasion, digital evidence is all that exists to provide investigative leads and evidence in solving crimes. PROJECT GOADS To obtain sophisticated cellular phone forensic extraction hardware l software to view, analyze and retain digital evidence on cellular phones, In many cases, information provided by the cellular phone providers is incomplete as much of the user's data is stored locally on each phone. This hardware, coupled with tine analysis software, will enable investigators to conduct cellular phone forensic examinations on all of types of cellular phones, PROJECT STRATEGIES Page 16 of 22 25C -23 Attachment A 20'15 -DJ -BX -0226 The cellular phone forensic extraction equipment will be used by the Orange Police Department as an investigative tool to obtain digital evidence stored on cellular phones. PROJECT IDENTIFIERS Computer software /hardware Evidence -Based Equipment -- Forensic BUDGET DETAIL AND NARRATIVE JAG funds will be used to purchase a Universal Forensic Extraction Device (UP ED) for cellular equipment: • CELLEBR ITE UFED TOUCH ULTIMATE UFED TOUCH ULTIMATE (Logical & Physical Mobile Forensic Solution) $10,499 • UFED Camera attachment for UFED TOUCH $298 • I Year UFED Software Renewal $ 3,099 Sub Total $13,896 Sales tax $1,112 Grand Total 515,008 TIMELINE AND /OR PROJECT FLAN Once the funds are received and made available through the City's normal approval process, it is anticipated that product ordering, delivery, and setup would be complete within two weeks. Use of the device would begin immediatety. Additional funding will be from other City of Orange funding sources. FUNDING Total Allocation: $10,816 Administrative Fee (9 %): 5973 Funds Retained by City /County: $9 „843 Page 17 of22 25C -24 Attachment A 2015- I).1 -BX -0226 City: Santa Ana The City of Santa Ana proposes to u.ve the 2015 Justice Assistance Grant Progratn,funding as follows: PURPOSE AREAS .IAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law Enforcement PROJECT NARRATIVE Proposed progr°ani activities- - Through the use of grant funding, the City of Santa Ana Proposes a three pronged approach to reducing criminal activity. Funding will allow: 1.) Augmentation of our gang enforcement, as well as, advanced gang investigative training for gang suppression detectives. Funding will provide for gang enforcement activity with suppression details working overtime to target specific enforcement of gang members involved in violent behavior. The department currently lacks the manpower and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most negatively affected. by gang activity and will be funded for the three -year grant period. Additionally, funding will be utilized to provide gang suppression personnel with advanced training to ensure gang related offenses are successfully prosecuted. 2.) Enhancement of Educational Opportunities. The Santa Ana Police Department believes Community Oriented Policing (COP) has been and must remain at the core of crime reduction. A major component of COP is educational opportunities offered to residents. With funding severely cut, educational programs and staffing that provided this valuable resource have been reduced. Officers as well as non -sworn staff will offer COP related training programs on zm overtime basis to complete this goal. Funding will cover the entire grant performance period. 3.) Enhancement of Community Policing. Funding will provide for community policing enforcement operations with suppression details working overtime to address crimes of public disorder specifically tied to community complaints. The department currently utilizes a robust community complaint Cracking system to ensure responsiveness to resident concerns. Funding will cover the entire grant performance period. This funding will equate to approximately 1,247 hours of additional law enforcement resources within our cormilunity. The Department will utilize the funds for personnel overtime and advanced gang investigative training, as needed. The remainder of the funds will be utilized to offer educational opportunities Page 18 of 22 25C -25 Attachment A 2025 -DJ -PX -0226 for neighborhood associations, community gatherings and residents ranging from children to adults. Program need - The Santa Ana criminal street gang population of approximately 6,900 accounts for the less than two percent of the City's population however; this criminal element constitutes a signiFcant impact. on fear in the community and threatens the safety and stability of our neighborhoods. The Department routinely receives between 20 and 30 specific community complaints per week which directly impact the quality of life for our residents. Enforcement related activities will be coupled with an educational component, which will enhance public understanding, trust and confidence. PROJECT COALS The goal of this project is to reduce criminal activity and increase public safety through enhanced enforcement and educational efforts. PROJECT" STRATEGIES The use of selective enforcement overtime, response to community complaints, coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals: 1. Contact gang members and individuals involved in crimes of public disorder to gain intelligence, investigative information and ensure problem solving for prosecutorial purposes while striving to resolve longstanding community concerns. 2. Increase the number of arrests and successful prosecution of gang members. 3. Increase the number of community complaints resolved. 4. Reduce the fear gang members evoke in the community and decrease community concerns through 'high visibility police presence and enforcement activities. 5. Offer enhanced educational opportunities through schools, community associations and neighborhood watch groups. PROJECT IDENTIFIERS See 2015 JAG Identifiers (attached) Gangs; Education; Community Policing; Violence Violent Crime Offenders BUDGET DETAIL AND NARRATIVE Outline how JAG finds will be used to support and implement the program — Inciude a breakdown of costs as well as an overview of how funds will be allocated across approved .JAG purpose areas (i.e. Personnel, Training /Travel, Equipment, Supplies, Consultants/Contracts, arid an Other category) — Funds will be utilized for personnel overtime; and advance gang investigative training with associated travel, as needed. No funds are allocated for supplies, consultants or contracts. Overtime: $76,032.00 1,056 hours @ $72.00 per hour Training /Travel: $8,448.00 Page 19 of 22 25C -26 Attachment A 201.5- 1),1 -t1X -0226 TIMELINE AND /OIL PROJECT PLAN Identify when the goals and objectives will be completed. Months t -36: Gang &aforcement and Community Complaint enforcement continues throughout the life of the grant. Months 1 -36: Educational endeavors and advanced gang investigative training continue throughout the life of the grant. FUNDING Total Allocation: $92,835 Administrative Fee (91/0): $8,355 Funds Retained by City /County: $84,480 Page 20 of 22 25C -27 Attachment A City, Westminster 2015 -DJ -BX -0226 The 01117 qf' Westminster proposes to use the 2015 Justice Assistance Errant Prograrn f trading asfol/mvs: PURPOSE AREAS JAG 'funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs. PROJECT NARRA'T'IVE, Proposed program aetivittes- The grant funds are intended to cover overtime costs in the Detectives unit. The goal of the project is to reduce the backlog of cases in the Detectives division and to gather additional evidence on active cases. Program neecf-- The Westminster Police Department is Fiscally constrained from deploying the necessary investigative assets needed to successfully address these surges in criminal activity. Stated conversely: additional funding can provide for the appropriate surveillance and follow -up investigative resources needed to investigate individual crimes and to interrupt criminal patterns. PROJECT GOALS Reduce backlog of cases in the Detectives division and gather additional evidence on active cases. PROJECT STRATEGIES Experience has demonstrated that early and aggressive investigative activities are critical to bringing emergent neighborhood- focused criminal activity under control before it escalates to far more serious levels. This request for JAG funding is to enhance and supplement (not replace) the investigative activities of the Westminster Police Department when unusual/high incident crime situations arise. The JAG funding will underwrite the costs of necessary overtime to conduct investigations, The timing and nature of additional resources deployed through the JAG funds will correspond directly to the characteristics of emergent criminal activity in the community and the means to best remedy those problems. As such, additional deployment airough JAG funding is likelyto include: • Additional surveillance activities • Additional participation in coordinated multi - ,jurisdictional investigations • Additional neighborhood -based special operations • More intensive follow -up Page 2 t of 22 25C -28 Attachment A PROJECT IDENTIFIERS Overtime Crime Prevention Surveillance BUDGET DETAIL AND NARRATIVE Personnel 1 Detective (Police Officer) at an overtime necessary, for additional investigative dutie s criminal activity. 20t5 -DJ -BX -0226 rate of $53.00 per hour will be assigned, as on behalf of areas experiencing enhanced Deployment shifts (hours) will depend upon the nature of the investigative /surveillance assignment. $53.00 x 344 investigative hours = $16,232 Overtime rate will be used for actual additional investigative duties. The Westminster Police Department will contribute supervision and other support to this initiative at its own expense. TOTAL BUDGET= $18,273 TIMELINE AND /OR PROJECT PLAN During the grant period it is anticipated that the backlog of cases in the Detectives unit would be reduced. FUNDING Total Allocation: $20,060 Administrative Fee (9 %): $1,807 Funds Retained by City /County: $18,273 Page 22 of 22 25C -29 Attachment B HOW TO APPLY FOR JAG GRANT RF,IMBURSEINJENTS 2015- DJ -13X -0226 A letter on your cities letterhead that includes or states the followin >: A. Your agency's request for reimbursement in the amount of B. Against Grant Awardt/2014- D.l -BX -0038 C, List of items purchased and types of costs being claimed for the quarter that match your city's initial write -up /request; D. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide; C. Letter is to be signed by the person authorized in the JAG Program MOU (City Manager). Required attachments to the letter: A. FEDERAL FINANCIAL REPORT Your agency is required to submit quarterly Federal Financial Report using a Standard Foram SF- 425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The federal Financial Report is due at the Sheriffs Department Financial Division by the due dates indicated below: Qtr. ending 03 -31 -YY due no later than 4110 Qtr. ending 06 -30 -YY due no later than 7/1.0 Qtr, ending 09 -30 -YY due no later than 10/1.0 Qtr, ending 12 -31 -YY due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ -OJP websiteat:htitn://www.o' iisdpi.gov/flindinyUforms.htiii B. INVOICE BILLING OCSD a. The package should include an invoice from the city billing the Orange County Sheriff's Department (OCSD). The invoice/bill should reference the grant name, grant number and quarter ending date. b. OCSD will reference your city's invoice number when reimbursement is made to your city. C. BACKUP DOCUMENTS a. All invoicesheeeipts and relevant purchase orders pertaining to federal monics spent. b. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. e. Copies of signed cheek(s) for purehase(s) and general ledger reports clearly indicating expenditures for the quarter. All of the above documents must be provided to our office, otherwise your elafm will not be processed. Please send your claims to: Orange County Sheriffs Department- Financial /Adrnicr. Division Attn: Karla Lazaridis 320 N. Flower Street, Suite 108, Santa Ana, CA 92703. If you have any questions please call Karla Lazaridis at (714) 834 -6675, 25C -30 Attachment C 2015 -U1 -BX -0226 City/ County Enti 2015 Total Allocation by City/ County_Entity 9% Administrative Fee Balance Available to Individual Cities/ County Entity Sheriff 19,334 1,740 17,594 Anaheim 95,123 8,561 86,562 Costa Mesa 18,999 1,709 17,290 Fullerton 29,130 2,621 26,509 Garden Grove 34,621 3,115 31,506 Huntington Beach 27,866 2,507 25,359 La Habra 11,239 1,011 10,228 Orange 11,317 1,018 10,299 Santa Ana 97,133 8,741 88,392 Westminster 21,010 11890 19,120 TOTALa 365,772.00 32,913.00 332,859.00 25C -31 Attachment D 2015 -DJ -BX -0226 FV2015 EDWARD BYRNE MEMORIAL JUS'M'ICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMEN'T'S Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and /or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award, Questions concerning progress reporting should be directed to the Program Manager for the award. Quarterly Programmatic (PMT) Reporting periods are: January I — March 31 April 1— Jane 30 Judy I — September 30 October I — December 31 Reporting requirements must be met during the life of the grant. A fuull explanation of these requirements can he found in the OJP Ftnaneial Guide, which may be accessed at http://wu&,w,ojp.usdoj,gov/financi,ctlguide/iiidex.htm. Also check special conditions on awards for additional reporting requirements. GPRS will not permit access to fiords if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with ,your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide, Post award Requirements, Audit Requirements and in OMB Circular No. A -133, Audits of States, Local Governments, and Non- Profit Organizations. The submission of audit reports for all grantees shall be as follows: 25C -32 Attachment D 2015- D.1 -BX -0226 State and Local Governments, Institutions of Higher Education, and Nonprofit institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East 10th Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2003 and later should be submitted on the Federal Audit Clearinghouse's Web site at littp: / /Iiarve,ster.census.gov /sac. Do NOT submit your audit reports to OR unless specifically requested. Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATI'N: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Direct any questions regarding the grant program to Nancy M. Nguyen. NMNguycn @ocsd.org 431 The City Drive South Orange, CA 92868 (714) 93.5 -6869 25C -33 Attachment k Department of Justice ' f r Mee of lostice Programs Bureau of Justice Assistance Off-ice ofJusaice Programs lyaxbbtgmu. o wset August 13. 20 15 Chairman Todd Spitzer County 01,01ange 10 Civic Cmnar Plaza Santa Ana, CA 92701 Dear Chairmmn Spitzes On behalf of Anonmv General Loretta Lynch, it is rtfm pleasure to infant you that the Office of Justice Progiams ties approved your application for funding under the FY 15 Edward Bpnu Memorial Justice Assistance Grant (JAG) Program - Local solicitation In the amount of 16765,772 for County f+f C)range. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to nil administrative and Financial requirements, including the timely su6uvssion of all financial and programmatic rcpens, resolution ofa)l interim audit findin -s, turd the maintenance of a ntirtinrttm level of cash -on -hand. Should you not adhere to those requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award Intense contact Progrsmr Questions, Cade Farquhar, Program Manager at (202) 598 -9522; and Financial Questions, the Office of the Chief. lrinancial Officer, Customer Service Center (CSC) at (800),158.0786, or you may contacl (hn CSC at ank.ocfv(u':usdoj.gov. Congratulations, and ua took forward to working with you. Sincerely. C+-. V- Y...,;. Denise O'Donnell Director Enclosures 25C -34 OFFICE FOR CIVIL, RIGHTS i Office of Justice programs (Department Of Justice 810 7I1 Street, NW Washinelon, DC 20511 Tel: (202) 307 -0690 TTY: (202) 307.2027 f -mad: askOCR=a?usdoj.gov Websitc: wutv.ojp.usdoj goc!ocr August 13, 2015 Chairman Todd Spitzer County or Orange 10 Civic Center Plaza Same Ann, C\ 92701 pear Chatrman Spitzer Congratulations on your recent Inward. In establishing financial assistance prognons, Congress linked the receipt of ixdcral funding to compliance with federal civil rights laws. The Office for civil Rights (OCR), Office, ot'3us'dec programs (O.tP), IFIS Department ofdustice (DCV) is responsible far ensuring that recipients of financial assistance from the €AW, rite Office orcourmunfty Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) comply wilt the applicable federal civil rights Imes. We at the OCR are available to help you and your organization elect the civil rights rerinuentmnts that conic with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws thus apply to recipients or financial assistance from the DO.I prohibit discrimination oil tiiu basis of race, color, national origin, religion, sex, or disability iu fiundcd programs or activities, not only in employment but also in the delivery orsmices or boncrtta A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of2013, President Obama signed the Violence Against Women Reauthorization Act o(2013. The statute wxnonds the Violence Against Women Act of 1994 (VA WA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color_ national origin. religion, sox, disability, sexual orientation, or gender identity. 'T'hc now aomdiaorbnimatinn grant condition applies to certahr prognnns duuied adnr October I, 2013. 'fhe OCR and the OVN' have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obhgafio s. The Frequently Asked Questions are availabfc at hap./ lojp.govlaUouUonr /vauafigs.btm. Enforcing Civil Rights Laws All recipients of federal tinatend assistance, mfoardless orthe particular funding source, the amount of the grant award, nr the nmuber of employees in the workforce, are subject m pnrhil>itions against unlawful diswimina6on. Accordingl}, due OCR invcs[igatos recipients dtaC are tine subjecr of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a nunrberofreeipiens each year for compliance reviews, nadhs that require mcipiemts to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. 25C -35 Providing Services to Limited English Proficiency (LEP) fro ividua]s ht accordance with D0.1 Quidance pertaining to Title VI orthe Civil Rights Act of 1964, 42 U.S.C. C 2000d, recipients of federal financial assistance or take reasonable steps to provide memangful access to theirprograms and activities for persons with Ihnited English proficiency (-EP)- See US. Department of Justice. Guidance to Federal Financial Assistance Recpients Regarding Title VI Prohibition Against National Origin Discrimination AfFueting Limited English Proficient Persons, 67 F'ed Reg. 41;,55 (2002). For more irdormatiot on the civil rights responsibilities that recipients hate in providing language services to LR'.P in in ideals, please see the oirbsite http:/nawwAep.gov. En.sming Equal Treatment far faith -Rased Organirntions The DOJ regulation, Erpnal Treatment in Puhh-Based Organizations, 28 C.P.R. pt, 38, requires State Administering. Agencies (SAAS) to teat flith -based organizations tiie same as an) other applicant or recipient The regulation prohibits SAM foot making awnrds or grant administration decisions on flu basis of an orgmnizaton's religious character or affiliation, religious narne, or [he religious composition ofiis board of director,. "tire regulation also prohibits faith -based organizations ('roar using financial assistance (loan the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations car) engage in non - fended inherently religious activhes, they mint hold them sepa atel)- from the program Ratified by the DOJ, and recipients carnet cmup¢I beneficiaries to participeto in them. The Equal "i'reannent Regulation also makes clear that orga oratios participating in programs Funded by rite DOJ are not permitted to discriminate in the prevision of services on the basis of a beneficiary's religion. For more inforttation on the regulation, please see the OCR's websile at htyrahvww. ojp. nsdoj .gov /abau[tocn�qusrl_lrahnn. SAM and faidmbused organizations should also note that the Omnibus Crime Control and .Safe Streets Act (Sala Sucats Act) of 1968, as amended., 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, its mnendcd, 42 U-.S.C. § f 0604(e); the,luvcnilc Justice and Delinquency Prevention Act of 1974, as unloaded, 42 U.S.C. § %72(b); and VAWA, Pub. L. hie. 119 -4, sec. 1(0)(4), 127 Star. 54, 61.62 (to be codified at 42 US C, § 13925(b)(13)) contain prohibitions against discrimination an {he basis of religion in employment. Despite {]lose nondiscrimination provisions; the DOJ has concluded that it may construe the Religious Freedom Restoration rid (R.FRA) on a case -by- vise basis to permit some fm tli �bascd orgaNzations to receive Cut funds while taking into account religion when hiring staff, even Willie statute that authorizes the binding program generally forbids recipients front considering religion in employment dccisfrrs. Please consult with the OCR f you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination it) employment. Using Arrest and Convlefou Records in .Alaking Employment Decisions The OCR issued an advisory document It recipients on the proper use ofarrest and conviction records in looking hiring decisions. See Advisory for Recipients orhinancial Assistance from tine U.S. Department or Justice on the U.S. Equal Employment Opportunir-v Cmnntissioo's Enforcement Guidance; Consideration of Arrest and Conviction (records in Employment Decisions Under Title Vll of the Civil Rights Act of 1964 (June 2013), available at http;/Rvmv. ojp. usdoj. gov / /about /ocripdf.i/Uscof(,onvictioii Advisory. pdC Recipients should he mindful that tine trnsuae of arrestor conviction records to seven either applicants for onrployment or employces for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawlid employment discrimination. In light of the Advisory, recipients should consult local counsel in ro� iewfng their employment praoliees. IPwarranted, recipients should also incorporate m) analysis of the use of nm it and conviction records in their Equal Employment Opportunity flans (hiF -OPs) (sue below), Complying with the Safe Streets Act An orgmilxadon that is a recipient of financial assistance subject to the nondiscrimination provisions of the Sari: Streets Act, most meet two obligations: (1) complying with till federal regulation pertaining to the devulopmcntof an REOP (see 28 C.F'.R_ In, 42, subpt. F,) and (2) submitting to the OCR findings of discrimination (see 28 C: F.R. §§ 41204(c), 25C -36 Meeting the ESOP Requirement iryour organization has less than fifty ontployccs or receives an arvm'd of less than 1$25,000 or ran nonprofit orgtmization. a medical instinaion. all educational iosl.itutimr, or an Indian while, then it is exempt from the ESOP requirement. To clahn the exemption, yo [it organization an tit complete and Wharf Section A of the Certification Form. which Is available online at hill) l /waves. ojp. usdoj .gav{xboutiocr;pdPx'cerLrldL IFyour organization is a govcrnmcat agency or private business find receives an award of $25,000 or more, but less than $500,010, mad has filly fir more entployres (counting both Pull- and part -time employees but excluding political appointees)- then it tins to prepare a Utilization Report ( formal ly called an ESOP Short Farm), but It does not have to submit the report to the OCR for review. Instead, your orgmrizntion has to maintain the Utilization Report on file and make it available for review on request- in addition, yourorganization has to complete Section B orthe Cal tificntion Pomt and return it to tine OCR. The Certification ('oat is available at hn.ps/www or) . asdaj _govlabouubur,'IndCelceryttiF tryout organization is a gorernmont agency ar private business and has roceived an award lior $500,000 or more and has fifty or more employees (counting both Bill- and purl -time employees but excluding political appointees), then it has to prepare a Utilization Report (fiirmin ly called air EFOF Short Foeru) and submit it to the OCR for review within smlsty days from the date of this letter. For assistance in developing a Utilization Report, please consult Ole OCR's wcbsite at http:/ h" vw. 0jp ,usdoj.gav/lbotitlocdaeol),Iitm. In addition, your organization has to complete Section C orthe Certification Form and return It to the OCR. The CertitirnUon Fonn is availabtc au httplowwvv. ojp- us"doj. gov /abouUocr /pd f'slcert.pd f. To comply with the ESOP requirements, you may request technical assistance from an EEOF specialist at the OCR by telephone at (202) 307.riew. by TTY at (202) 307 -2027, or by a -mail at rliOsubmtssmttiPusdoj.gov. Meeting the Requirement to Srdnult bindings of I)iscrinrinlltivrn if in the three years prior to tine date of tine grant award, your organization has received an adverse finding ordiscrimi mum based oil race, coin. national origin, religion, or sax, after a due - process hcarinp„ from n state or federal court or Prom it state or fcdorai administrative agency. your organization must send a early Of the (lading to the OCR. Ensuring the Complianee of Subreeipients S,AAS must he%c standard assurances to to ti Cy subrecipiants or their civil rights obligations, written procedures to address discrimination complaints riled against subreoiptents, methods w mentor subrecipicns, coupliance with civil'riahts requirements, laid a prograitr to train smbreeipients on applicable civil rights laws. In addition, SAAB must submit to the OCR every three years written ivielhods of Administration (f /lft that summarize the policies and procedures that they have imphancnted to ensure file civil rights compliance or subrecipients. For more inforruatlon on time MOA requirement, see http :,='hnvwaajp.usdnj.gav /funding /oher m'0quirumenfs.htm. If the OCR call assist you in any way, in fill filling your organization's civil rights responsibilities as it recipient of ferlm't0 financial assistance, please contact ms. $IOeaiel4, a. — Michael L. Alston Director ec Grant Manager Financial Analyst 25C -37 Department of Just11e GRANT, MANAGER'S MEMORANDUM, PT. 1: Offme of J nticc Pmgrnm PROJECT SUMMARY s ! Burcau of Justice Assistance 0i 1 � � ,. Grant PRO1C:('1' NUMBER PAGE I OF 1 2U 15AJ -BX -(1226 This pm]oot iasupponal under 'FY151B,IA- JA(i)821iSC'3750.etwq -. I. SrAFP C'ON9'AC'T (Nome &telephone anmben 2.1ROJEC'r OIREC'I'OR LNamq uAAruSa i 'tuleplronennnnUnr) Gale Forrpihn Nancy Nguyen (20.) 598,9522 ' Grams Malinger Reswmh and Davelopmeat 431 The City Drive South Orange, CA 92868. 1,101 (714) 935 -5869 3a TI r4E OF'rFiF PROGRV4 3t) PONISCOD6(SF'P IN$,"gtU("fIONS FrlA FY 13 Edward Bynle Manorial Awrice Amislanca Gnmt (JAG) Program U,cal Solicitation ON REVERSE) 4.'rm,E.OP PROJECT' FY 15 JAC Program S NAME Sc ADDRESS 01' GRAN'1 -E17 County ol'Onmge 10 Cim CenCa' Plaza Santa Ana, CA 92701 7 PROGRAM PERIOD FROM I001:3011 TO 09/30,7018 9. AMOUNTOF 0.WARD S J65,7 72 6. NAME R ADRESS OF SL OGR;ANTEE R BUDGETPERIOD FRONT. 10:0112WI 10; 09302018 10. DATE OF AWARD 08/132015 11 SF",CONOYEAR'SFIUDO51' C2.SECOND t'EAIi'S RtJl7C6'T AhIOWNT 13 rhIR,DYEAR :SHUDIDUPERIOD 14 .'fl'ilRDYEAR'SBUDG7 rAklOt!N'f Is St.'VL4LARY DCSCRIPTiGN OF PItO.IECI (See instriwean on reverse) The Edrwm,l Byrne Memorial Justice Assistance Gram Protirnn OAG) allow..unes and unite nflocil gwenanent, including tribes, to aupVorr a broad range or actmu es to prevent and canna] crime based on their own Sta G and local needs and cvmdino s. Granr fiends can be axed for atnlc and local roi mivos, technical assistance, training, Parsoonel, equilantav .supplies. cantmetunl support, and nfonumem, gymmn.s lot Inan udAtatice. including for any one of more nhho fallowhor program areas: 1) law entorcemem pmgmma; 2) Irru.eeution and coma programs 3) prevention and education programs; 41 corrections and cornnnmity corrections programs; 5) ding treatmun and cnlnrcenieru programs; a) planting. imalaaam, and teohnalagy imptrweau nt pro„•raurs, and 7) crime rmim and whites.. programs (other than cnntpensatinn). I lie Ornrgo County Sheriff Coronor Deparonent will serve as the 6wit) agent tin the FY 15 tAG Grant and finale will be miltzed to support a broad range of activities to pre%not and cmrtal crime in Orange County. CaHfi)mia. NC A1NCF 6JP FORb6400012 (REV 4.881 25C -38 r Department of Justice } € Office of Justice Programs a Bureau oj' hlstice it ssistance IPnslnngnnt IR 10331 Memorandum'rw Official Grant Pile From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA C'omptiance in Further Devolopmental Stages far County of Orange The Edward Byrne Memorial Justice Assistance Grant Prograrn (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the fiords are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating fonds for any of the specified activities, the grantee must First determine if any of the specified activities will be funded by the grant. The .specified activities requiring environmental analysis are: a. Now construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a I00 -year flood plain, a wetland, or habitat for endangered species, ore property listed on or eligible for listing on the National Register ofFtistorie Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. ftrtplementation ora new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household. recreational, or education environments; and e, Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetarnine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment andlor an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations. the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see htip:/i www. ojp. usdoj .gov,'BJAlresoui,ce /nepa.litmL Please be sure to carefully review the gram conditions on your award document, as it may contain more specific information about environmental compliance. 25C -39 :. u0pnrtment of Justice Office ofJusuce Prognms e Bureau Of JusticeASSistanee 1 RECIPIENT NAME. AND ,AnORESS(In:;wdmg Z, Cuu, County uroranpe 10 clmc Cu".' Plmu 5:mm Ann. CA 72)01 is ( RANTRP. IRS.VFNDOR NO 9s9999a31 !h URANUF DI 'NS NO. 111950374 1 PROIC(A IITLI' FY i s fAO Program Grant 1 A \PARDNC3f lit Yili -Ul-N 8 -92_'6 S PROJE'CTITRfOD PRC)NI RUD(jETPSRIOD FROM 5 AWARD DAl'F 0113'1) 15 s SUPPLEMENT NLMOER 00 'I PREVIOUS AWARD ANIOL'N I 10 :tMOUNT Or rHIS AWARD It Fork[ AR'ARD PAGE I OF 19 11"Itl.6H TO 04II1JI15 1091101! TO IN it) loIN 1 ACTION Inuwl I!. SPECIAL CONDITIONS I I G ABO VS. GIIAN'T PRO /PLT IS APPROVED SL'fl)FCT TO St `CFI ( ONDI TIONS OR UMI I kTIONS AS ARE SET FORTII ON THE ATTACHED PAUEIS} ir. STh PI:'rORY ACTV(l7Rit'Y DOR DaANr This Prolaat rs suppanod nnJkr F'V 19(elA - IADf 42 S:SC )ic0. C� veq Dt CA'TALOG (JF DOMCSTIC. FF.011l4l1.. A3514'f0.NCfi [CFDA NumJ<tl 10 -7;38 - EDW.AKD It YR NE MEMORIAL It'STICC .ASSISTAN( E GRANT PROD RAM 15 METHOD OF PAYMENT GPRS S9 S 161.71 5Ifit '2 A(tNCY APPROVAL . _. _._... ...._. .. '. GRANTEE hCGk.PTANCE tE T1'PE6'vAMC AND 711 LI DE APPROV tNC) IJFFICIAt. 13 TYPED NAME AND TITLE OF At 'THORIZED ORANTf P OFFICIAL Dcnuv O'Dunnolt 7bdd Sprcxkr Dittromr Bn,vd of SupCmsos. Chute Ii, SfQNAfDRHOFAPPROV'INOOPFICIAL 1q OtP FORM 40007 (REV 5371 PREVIOt S EDITIONS ARE OBSOLETE OfPFOfty1140005(REY "to 25C -40 OFFICIAL NA DATF. APPROVED AS TO FORM OFME OF THE OCIUWY OW NSEL yr COUNTYj CALIFpRN v e "L' -. By bm �� __ \4lNLY L'iiE ONLY p ACCOiJ!VTMO CLASSIFICATION CODES A PDJL F1't1181 FISCAL FUND 9LO, DIV YEAR CODE ACT. OFC, RED. SUB. POMS AMOt Nt' % n D) $0 I)9 go 145172 OtP FORM 40007 (REV 5371 PREVIOt S EDITIONS ARE OBSOLETE OfPFOfty1140005(REY "to 25C -40 OFFICIAL NA DATF. APPROVED AS TO FORM OFME OF THE OCIUWY OW NSEL yr COUNTYj CALIFpRN v e "L' -. By bm �� __ Department of Justice, (1) urOffice ofhstice Programs AWARD CONTINUATION Beau of Justice Assistance SHEET RAGE a OF in crant PROJECTNUMSER 21113- DJdfX•02ad AWARD DATE 081132015 SPF(.'ML CONDITIONS I. Applicability or Part 200 Uniform Requirements 'rile. Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Pan 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements ") apply to this 2015 award from the Office of Justice Programs (OJP), For this 2015 award the Part 200 Uniform Requirements, which were first adopted by DOJ on December 26, 2014, supersede, among other things, the provisions of 28 C.p.R, Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230, If this 2015 award supplements foods previously awardedby OJP under the sane award number, the Part 200 Unifi>rm Requireiroam apply with respect to all award funds (whether derived from the Initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time. limited grace period may be available under "train circumstances to allow for transition from policies and procedures that complied with previous standards for proeuraments under federal awardx to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200326). For more information on the Part 200 Unifann Requirements, including information regarding the potentially - available grace period described above, see the Office of Justice Programs (OJP) website at litip://ojp.gov/rtinding/Part2O()UtiiromiRetluirt"ents.htm, In the event that an award- rclatcd question arises nom documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Unifann Requirements, tine recipient is to contact OR promptly for clan Fontiou. 2. 'rile recipient agrees to comply with the Department of Justice Gmnts Financial Guide as posted on the 01? website (currently, the "2015 DOJ Ctrants Financial Guidc"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Platt (if recipient is required to submit one Fatalism to 28 C.P.R, Section 42.302) that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient, and may earth in suspension of funding until such time as the recipient is incompliance, or termination of the award. 4. 'rho recipient understands and agrees that OR may withhold award funds, or may impose other related requirements,. if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Pat 200 Uniform Requirements (or by the tenths of this award), or other outstanding issues that mdse in Connection with audits, investigations, or reviews of DOJ awards. 5. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJp. 6. 'the recipient and any subreciph nts must promptly refor to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipullo, contractor. subcontractor, or other person has - -(1) submitted a claim For award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds. Potential fraud, waste, abuse, or misconduct should be mpm led to the OfG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pcnasylvanie Avenue, KW- Room 4700 Washington, DC 20530 e -mail: aig,hmlinc@usdoj,gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fitx: (202) 616.9881 Additional information is available from the DOJ OIG website at www.usdcj.gov /afg OJF FORM4000o (REV. 4.891 25C -41 Department of Justice Office of Justice Programs Bureata of Justice Assistance tiR PROJECT NUMBER 2015- nYBX,ocila AWARD CONTINUATION SHEET Gratat AWARDDA'TE oviii20I5 SPECIAL. CONDITIONS 7. Restrictions and certifications regarding nondisclosure agreements and related matters PAGE s OF 10 No recipient or subrecipio ll under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor no sign an internal confidentiality abmeement orstatomm t that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with late) of waste. Rand, or abuse to in investigative or law enforcement representative ora federal department or agency authorizer, to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to claasified inforration). Form 4414 (which talons to sensitive compartmented int'o'rnation), oc any other thrm Issued by a federal department or agency governing the nondisclosure of classi Fred information, I tit accepting this award, the recipient — a. represents that it neither requires nor hea required internal confidentiality agreements or statements from employees or contractors that currently prohibit or Otherwise currently restrict (or purport to prohibit or restrict) employees Or contractors from reporting waste, (read, or abuse as described above; and b, ceriMto; that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit of otherwise restrict (or purport to prohibit or restrict), reporting of waste, trmrd, or abuso as described above, it will immediately stop any father obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption ot)such obligations only if eeprcrody inulmrized to do so by that agency. 2. If the recipient does or is authorized to uake subawards or contracts wider this award — a, it represents then_ (I ) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a snbaward, cotract, or subcontract) either requires or has molod, ed internal confidentiality agreements or statements tton employees Or contractors that currently prohibit or otherwise crtaendy restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above, and (2) it has made appropriate inquiry, or otherwise has an adequate . fncHted basis, to support this representation; and b, it tortillas that, if it learns or is notified that any subrecildent, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors toe emo agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, food, or abuse as described above, it will inunertintcly stop any further Obligations Of award ponds to or by that entity, will provide prompt written aatificatimn to the agency making this award, and will resume (Or permit resumption of) such obligations only irexpressly authorized to do so by that agency. R. Recipient understands and agrees that it cannot use any federal buds, either directly or indirectly, in support ofany contract or snbaward to either the Association Of Cmmtnuniry Organizations for Reform Now (ACORN) or its subsidiaries, without cite express prior written approval of ())p. 0, The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance period if the agency determines (bat the recipient is a high -risk grantee. Cf 2R C.P.R. parts 66, 70. Our PORN 4000,2 (REV 4.89) 25C -42 Department of Justice Office of Justice Pregram3 - AWARD CONTINUATION i Bureau of Justice Assistance SHFET PAGE 4 oP m Grant PROJECT NUMBER 2015 -DJ- 6X.0:76 _ AWARD DA 'r6 03/1312015 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system of icially designated by OMB and OJP). Tile recipient also agrees to comply with applicable restrictions on subawards to first -tier submcirwits that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Pmgrans web site at hiip: /lwww.ojp.gov /tunding/smn.htnr. (Award condition:. Registration with the System for Award Management and Universal identifier Requirements), and are incorporated by reference here. This' special condition does not apply to an award to an individual who received the award as a natural person (i.e., uurclrued to any husiness or non - profit organization that he or she may awn or operate in his or her name). H, pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving, "74 Fed. Reg. 51225 (October I, 20091, the Department encanmges recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace saga) policies and conduct education, awareness, and otheromreaeh to decrease crashes caused by distracted drivers. 12. Tire recipient agrees to comply wolr all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing die use of federal funds for expenses related to conferences, meetings, Immings, and other events, including the provision official and /or beverages at such event& and casts of attendance at such events. Information on relca applicable to this award appears in the DOI Grants Financial Guide (currently, as section 3,10 of "Postoward Requirements" in the "2015 DOI Giants Financial Guide"), 13. Tire recipient understands and agrees that nay training Or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgra ices, available at http:// www. njp. usdoJ. govlpuuhngtojplrainingguidingprinuipJes elan. 14. The recipient agrees that if it currently bas an open award of federal funds or if it receives an award of federal funds other than this DIP award, and those award funds have been, are being, or are to be used, in whole, or in part, for one or more of the identical cost items for which hinds are being provided under this OJP award, the recipient will promptly nodf"y, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget- tnecGfication or change-nf- prajce�icape grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding, 15. The recipient understands and agrees that award finals may not be used to discriminate against or delagrato the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal ymardians of such students. ' 16. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography,. and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal. or local law enforcement agency or any other entity, carrying out criminal investigations, prosecution, or adjudication activities. i ' 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(1), and that elects to use the "do minimis" indirwt cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Unifirma Requirements, The "do minions" rate may be applied only to modified total direct costs (MTDC). 18. The recipient must collect, maintain, and provide to OJP, data that measure lire performance and effectiveness of activities under this award, in the mamter, and within the tinteframes, specified in the program solicitation, or as otherwise specified by OJP. Data coilection supports compliance with the Government Perfamrance mid Results Act (OPRA) and the GPRA Modernization Act, and other applicable laws. DIP rORM 400012 (REV 4.3R) 25C -43 Department of Justice v Office ofJustica Programs t . Bureau of.7ustica Assistance PROJECT MIM9PR 2W5d)j -8X -0226 AWARD CONTINUATION SHEE'r Grant AWARD DATE DalU 20IS PAGE 5 Of' 10 SPECIAL CONDITIONS 19. The recipient agrees to comply with ON grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO or all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJAVOCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and /or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of file recipient as a DOI High Risk grantee; or termination of an oward(s). 20. The recipient ogress to comply with applicable requirements to report first -tier subawards of s25,0oo or mire and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives or the recipient and first -tler subrecipients of award funds. Such (into will he submitted to the FFATA Subavard Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at hrtp:/ Iwvnv .ojp.gov /t'unding /ffata.htm (Award condition: Repotting Snbawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or nun- profit organization that he or she may own or operate in his or her name). 21. Program income (as donned ht the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SP 425, 22. The recipient understands and agrees fall it has a responsibility to monitor its subrocipiens' compliance with applicable federal civil rights laws, The recipient agrees to submit written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at CivitRightsMOA( usdoj.gov within 90 bays of receiving the grant award, and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at http:// www. ojp. nsrloj. gov/ funding/other_requiremonts.htm, under the heading, "Civil Rights Compliance Specific to State Administering Agencies." 21. In order to promote arfortnation sharing and enable mucoperaadity among disparate systems across the justice and public safety community, OJP requires the grantee to comply with OOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall eonromt to file Global Standards Package (GSP) and all Constituent elements, where applicable, as described at: fitip://Nvww.it.ojp.gov/gqp_grantcotidition, Grantee shall document planned approaches to intorrnation sharing and dasenhc compliance to the GSP and appropriate privacy policy that protects shared infe rnation, or provide detailed justification for why as alternative approach is recmnmended. 24. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law cnfercotnent information sharing systems which involve interstate connectivity between jurisdictions, such, systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction ofBJA that this requiranent would not be cost effective or would impair the functional fly of an existing or proposed IT system. OJP FORM 400012 (REV. 1l.kR) 25C -44 i S Department of Justice Office of Justice Programs i f Bureau of,Iusiiee Assistance PROJECTNUMBER 2013-1- aX.0226 AWARD CONTINUATION SHEET Grant AWARD DATE (s[I);2013 SPECIAL CONDITIONS PACE 6 OF In 25. 'The recipient agrees Ihat any iofcnna(ion technology system funded or supported by OJP funds will comply with 28 C. F, R. Part 23, Criminal Intelligence Systems Operaling Policies, if Of dctormines this regulation to be applicable, Should OR determine 28 C.F.R. Fair 23 to be applicable, OR may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.P.R. Pail 23 occur. the recipient may be tined as per 42 (J.S.C. 37899(c)•(d). Recipient may not satisfy such a fine with federal fiords. 26. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (tile "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards or direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or prosetyrzadon, Recipients of direct grans may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded prognuu, and participation in such activities by individuals receiving services front the grantee or a sub - grantee must be voluntary, The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discrim(nate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis tier employment See hnpaiwvnv .ujp.guv /abour/ucr /eryuat, Ebo.hnn. 27. Grantee agree,' to comply with the requirements of 28 C.F.R. Part 46 and ail Office of Justice Programs policies and procedures regarding the protection of human research subjects, including Obtainment of Institutional Review Board approval, if appropriate, and subject Warned consent, 28. Grantee agrees to comply with all confldantiahry requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or Information. Grantee further agrees, as a condition of grant approval, to submit a Privacy C.'ertircon, that is in accord with requirements of 28 CF.R, pan 22 and, in particular, section 22,23. 29. Award recipients must verify Point ofContact(POC), Financial Point of Contact (FPOC ), and Authorized Representative contact information in GMS, including telephone number and e -mail address. ]Carry information is incorrect or has changed, a Grant Adjusunent Notice. (GAN) must be submitted via the Grants Management Syaem (OMS) to document changes. 30. The grantee agrees that within 120 days of award acceptance, each current member of if law enforcement task force funded with these funds war) is a task three commander, agency executive, task three officer, or other task force member of equivalent rank, will complete required online (intemet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided tree of charge online through BJA's Center for Task Force Integrity and Leadership (www.cttli.org). This (mining addresses task three effectiveness as well as other key issues including privacy and civil libettics /rights, task tierce performance measurement, personnel selection, and task . force oversight and accountability. When BJA finding supports a task force,a task force personnel ninershould be compiled and maintained, along will course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.culi.org), 31. The recipient agrees to participate in BJA - sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. OR FORM CUM (REV. 4.98) 25C -45 Department of)usucc Office of Justice Programs AWARD CONTINUATION y Bureau of,lustice Assistance SHEET PAGE a OF It) �n M� Grant PROJECTNUMBER 2015 -133-0% -0226 AWARD DATE (00 1312 0 1 5 SPECIAL CONDITIONS 32. All procurement (contract) transactions sack, this award most he c,adoa.ed in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal swards to non -F deral entities. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e.g., sole source) procurements by the award recipient in excess of the Simplified Acquisition Threshold (currently 5150,000) sae out in the Federal Acquisition Regulation must receive prior approval front the mvardurg agency, and must otherwise comply with rues governing such pmcurcootos found in file Current edition of the OJP Financial Guide. 37. Approval of this award does not indicate approval ofany consultant rate in excess of $650 per day. A detailed jnstif9cation must be submitted to and approved by the Office of Justice Programs (OJP) progra n office prior to Obligation or expenditure of quell fimds. 34, Award recipients must submit quarterly a Federal Financial Repart (SF-425) and annual performance reports through GMS (hops: / /grants.o }p.usduj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103.62, applicants who receive finding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Ton( (PM'r) websitc (www.6japerfunnanretoOls.arg). For more detailed information on reporting and other JAG requirements, refer in the JAG reporting requirements webpage, Failure to submit required JAG reports by establialcd deadlines may result in tine fromlig of grant funds and future High Risk designation. 35. The recipient agrees that funds received under this award will not be used to supplant State or local funds, . but will be used to irtereasc the amounts or such funds that would, in the absence of Federal funds, be tirade available for law enforcement activities, 36. The recipient agrees to monitOr subuwnrds under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, Including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible For oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subreciplents. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawmds under this award. 37. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed cartificalkins ore file for any subreeipients planning to utilize JAG funds for ballistic- resistant and stab- resishut body armor purchases. This policy must be fn place for at least all uniformed officers before any JAG funding can be used by the agency for body actor. There are no requirements regarding the nature of the policy other than it being a mandatary wear policy for all uniformed officers while on duty. 38. Bnllistiaresislort and slab - resistant bOCly manor purchased with JAG hands may be purchased at any threat level, make or model, front any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NU Compliant Body Armor Model List (http: #nlj.gov). In addition, ballisde- resistant turd stab- resistant body armor purchased must be American- made. The latest MJ standard information can be found here: hap:!/www.nij.gov/ topics /technology /body - armor /safety- initiativo,htm. 39. JAG funds may be used to purchase vests for an agency, bill they may not be used as the 50% match for purposes of the Bulletproof Vest Ptumership (BVP) program. 01P FOltbl Asa cz REV 4.so l 25C -46 7 <l i " Department of Justice Office of Justice Programs lI?J Bureau of Justice Assistance PROJECT NUMBER 'O"5-DJ -aX -0226 AWARD CONTINUA'T'ION SHEET Grant AWARD DATE 08/IL2015 rACr_ s OF ti SPECIAL CONDITIONS 40, The recipient is required to establish a trust find account. ('flee trust fund mayor may not be in interest - bearing acewrin.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byme Neonatal Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant Ponds in file lost fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligared ar unexperated Ronda, including interest earned, must be retuned to the Office of Justice, Programs at the time of closeme, 41. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), tae National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by asubgrantee. Accordingly, the grantee agrees to first deuannine if any Of Ilia following activities will be fended by tine grant, prior to obligating funds for any of these purposes. If it is detcriuined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. 'file grantee understands that this special condition applies to its following new activities whether or not they are being speci faulty funded with these grant foods. That is, as lotions the activity is being conducted by the grantee, a subiltsa tce, or any third party and tire activity needs to be undertaken in order to use these grant funds, this special condition most first be met. The activities covered by this special condition are: a. New construction; b. Nhnor renovation or remodeling of a pmperry located in an cnvironumemalty, or historically sensitive area, including properties located within a too -year flood plain, a wetland, or habitat for endangered species, or a property listed an or eligible for listing on the National Register of Historic pieces; c. A renovation, lease, or may proposed use of a building tar facility that will either (a) result ma change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the Ilse of chemicals other than chemicals that ire (a) purchased as an incidental component of a tended activity and (Io traditionally used, for example, in office, household, recreational, or education environments: and e. Implementation ON program relating to clandestine methamphetannue laboratory operations, including the idantiftcnttun, seixtrce, or cPosnre of clandestine mnthanphotamine tabonrtnries_ The grantee undenstands and agrees that complying with NEPA may require the preparation of an Environnened Assessment and /or an Environmental impact Statement, as directed by 131A. The grantee further understands and agrees to the requirements for implementation of a Nitigirion Plan, as d tilled nt litip:// www. oip. usdo (.gov[BJA/resotirce /nap)a.htmi, for programs relating to methamptreramiva laboratory operations. Application of This Special Condition to Grantce's Existing programs or Activities: For any of the grantees or its suligravtees' existing programs or activities that will be funded by these grant funds, tine grantee, upon specific request front BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 42. BJA strongly encourages the recipient to submit amoral (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at Intps:l /www,bia.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, Pease register at httpsdtww sv.bja.gov /profile.aspx_ Once you register, one of the available areas on your My BJA page will be "My Success Stories ". Within Ibis box, you will see on option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https':// www .bja.gov/Sttccwstoryl.ist.ispx, 43. Recipient understands and agrees (hat award funds pray not be used for itenss that are listed art the Prohibited Expenditure List at the time of purchase or u(riuisition, including as the list may be emended from time to time. The Prohibited Expenditure list may be accessed here: harps:// www. bja. gov/€ rrndltg (JAC➢CanCmlledPumhaseList.pdf. 00 FORM 4ottn /2 (Rf V.4-Fa) 25C -47 t .s Department of Justice Office orlustice No-Tanis r Bureau of Justice Assistance PRO.IECT NUMBER 201 5-DI-8X-0226 AWARD CONTINUATION SHEET PAGE. 9 Or it Crant AWARD DATE 08/11,2015 SPECIAL CONDITIONS 44. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the tune of purchaso or acquisition, including al the list may be amended from time to lime, without explicit written prior approval from B)A. The Controlled Expenditure Lint, and instructions ml how to request approval for purchase or acquisitions may be accessed here: https: /Iwww.b } n.gov/ funding /JACjConirolledPurchaseList.pdf 45. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from limy to time, with award Ponds by an agency will trigger n requirement that the agency collect and retain (for A least 3 years) certain information about, the use of 1) any federally- acquired C.orrodted Cquipment in the agency's inventory, and 2) any other controlled equipment in tile same category as the federally - acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to B.IA upon request. Details about what information must be collected and retained may be accessed here: https:!l vrww. whilehousc .govlsitos /defaulUfitos/ doesl le_- equlptnent _wg_final_reporC_ftuld.pdY 46. Recipient understands and agrees that, notwithstanding 2 CPR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after Obtaining prior written approval from BIA. As a condition of that approval, Otc acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased order this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA- All law cnfincement- related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to «ens ter or salo. Recipient farther understands and agree' to notify BJA prior to the disposal of any items oil the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal 47. Recipient understands and agrees that failure to comply with conditions related to prohibited or Controlled trxpenditures may result in a prohibition front further Controlled Expenditrre approval under this or other federal awards. 43. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance. (BJA) has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice (CAN) has been approved releasing this special condition. 49, With respect to this award, federal fluids cony not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of tam maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation imitation is paid with non- redoml fluids.) This (initiation oat compensation rates allowable under this award may be waived on all individual basis at the discretion of floc oJA official Indicated in tits program announcement ender which this award is mado. OR FORM 400n2 (REV. .1,9 8) 25C -48 Department of Justice Office of justice programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGV@ m OF la Grant NROD'CTNUMBER 2115- 1- IM0226 AWARD DATE oslulzo1S '. SPECIAL CONDMONS 50. Recipient may not expend or drawdown Binds until the Bureau of Justice, Assistance, Office or Justice programs has received and approved the signed Memorandum of Undentanding (MOU) between the disparme jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 51. Recipient may not expend or drawdown funds call the Bureau of Justice Assistance, Office of Justice programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 52. Recipient may not expend, or drawdown finds until the Bureau of Justice Assistance, Office of Justice Programs has - reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjummant Notice ( GAN) informing the recipient ofthe approval. $1. Recipient may not expend or drawdown funds until the Bureau of Justice Assiatance, Office of Justice programs has reviewed and approved the program Narrative portion of the application and has issacd a Grant Adjustment Notice _ (GAN) informing the recipient of the approval. ale rpRna aogmz tRrv. sssr 25C -49 25C -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE APPROVE A THREE -YEAR EXTENSION TO THE COOPERATIVE AGREEMENT FOR FUNDING ENVIRONMENTAL AND TOXICS PROGRAMS FOR THE NEWPORT BAY WATERSHED {STRATEGIC PLAN NO. 5�+2 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to approve Amendment No. 1 to Agreement No. D11 -066 to extend multijurisdictional Cooperative Agreement 011 -066 for three years, through June 30, 2018, to fund the Environmental and Toxics Total Maximum Dally Load programs in the Newport Bay Watershed, and commit to the same annual fair share percentage of 10.77 percent with an annual not -to- exceed amount of $150,000. DISCUSSION The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit require each local agency to control potential pollutants from entering the waters of the United States. Approximately 63 percent of Santa Ana's surface area drains to the Upper Newport Bay via two of the City's major drainage facilities: Santa Ana Delhi Channel and Santa Ana Gardens Channel (Exhibit 1). In 1996, the California Regional Water Quality Control Board Identified Newport Bay as an "Impaired water body' and classified it as too polluted to meet water quality standards. In 2002, the United States Environmental Protection Agency established the Total Maximum Dally Load (TMDL) method of measuring pollutant levels in water runoff. The 14 regional jurisdictions which contribute runoff into the Newport Bay Watershed ultimately brought the area into compliance with mandated water quality standards through a succession of cooperative agreements to fund TMDL programs. In 2003, the City Council approved Agreement No. 2003 -126 to address the TMDL requirements. Since then, the program was updated, and on June 18, 2012, the City Council approved the current agreement, Agreement No. D11 -066 (Exhibit 2). This agreement Incorporates studies, research, monitoring, development, and program modifications to mitigate the pollutants transmitted in the watershed. It also provides planning, permitting, design, construction, and maintenance of TMDL pilot projects, and establishes a cost -share formula for the participating 25D -1 Three -year Extension of Cooperative Agreement D11 -066 Newport Bay Watershed Program Funding October 20, 2015 Page 2 agencies in which the City of Santa Ana has been assigned a 10.77 percent share (Exhibit 3). The agreement includes a three -year extension clause which would extend the agreement through June 30, 2018. The extension is affected by Amendment No. 1 to Agreement No. D11 -066 (Exhibit 4). Since there are no significant changes to TMDL program requirements, the current agreement is suitable for extension so that efforts may continue to address the transmission of pollutants into Newport Bay. All of the participating agencies have opted to extend the agreement rather than to develop individual programs to comply with the TMDL requirements. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 Expand opportunities for conservation and environmental sustainability. ENVIRONMENTAL IMPACT The environmental impacts associated with this action will include working to obtain the mandated TMDL requirements; which will result in higher water quality within the Upper Newport Bay. FISCAL IMPACT Funding for this agreement in the amount of $150,000 is budgeted and available for expenditure in the FY 15 -16 Federal Clean Water Protection Account (No. 05717640 - 62300). Funding for this agreement will be budgeted in the same account for FY 16 -17 and FY 17 -18. Fre Mousavipour Executive Director Public Works Agency FMIEWGrFC APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ► " Executive Director Finance & Management Services Agency Exhibits: 1. Site Map 2. Agreement 011 -066 3. Fair Share 10.77 percent for Santa Ana 4. Amendment No. 1 to Agreement No. D11 -06 25D -2 I-fll iT6rA6QI1NMrpISIIOiNI (YYAPr911 W eslnnnsmr AF.r 60y P,vp M63rkaua Raq kla Pork eg Splaa k Regional Pak We Gall Come Fountain Valley Z p0 y yjrJ1 O 6F` LI Mara y Club n Courxry Club a Costs Me6:, COM Fa Mew Cllb Pak v 1N Wd;on CI N91bWITk, G Com usa N n F03 F03 FAARSINNUMBBR JUNSOILTON SQUARE FIAT 01JR3 FOi COSTA MESA 50,@97,997 1,260 FILL NEWPORIBEACH 010848n 300 FILL SANTAAM 185,833,202 0,266 Fol Lhinropwatea 16,7 ZW 386 FO1501 COSTA MESA 14My@2 3n Fo1501 IRVINE 6,9341133 1S9 FOWL SAMAAM 314W m ]8 Fowl Ulln.pw .d 11,82$SoS 271 F02 COSTA WSA 4,19g411 96 F02 SANTAAM 114,975,269 2,639 FOCI COSTA MESA 5610281785 1,286 11`:IL SI I ,rMprr AV< 0 LL F02 F �i krl H O yyd `P. Pty` iN"P: IF tIT Ile i F01S01 0,rtc,n/ TOTALS e8po4aa Il.l]D - aar ll.r p �� •"w6nn ul +r. P ? G PROPOSED DIVERSION ' STRUCTURE wt Bay ...J Pak .., n,:,, �. ru , QWatershed Drainage Areas SANTAANA- 6,984 ac. - 62.8% COSTA MESA- 3,020 ac. - 27.1 % IRVINE - 159 ac. - 1.4% NEWPORT BEACH - 300 ac. - 2.7% Unincorporated - 657 ac. - 5.8% uohn ftym Airpod. 431 SO EXHIBIT 1 25D -3 25D -4 A -2012 -134 Agreement No. D11 -066 AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD ( "TMDL ") PROGRAMS IN THE NEWPORT BAY WATERSHED THIS AGREEMENT, for purposes of identification numbered D11 -066, referred to hereinafter as "AGREEMENT ", is made and entered into this 26 �"t day of 3tA"5 201 by and between the County of Orange ( "COUNTY "), the Orange County Flood Control District ( "DISTRICT "), the City of Costa Mesa ( "COSTA MESA"), the City of Irvine ( "IRVINE "), the City of Laguna Hills ( "LAGUNA HILLS "), the City of Laguna Woods ( "LAGUNA WOODS "), the City of Lake Forest ( "LAKE FOREST "), the City of Newport Beach ( "NEWPORT BEACH "), the City of Orange ( "ORANGE"), the City of Santa Ana ( "SANTA ANA "), the City of Tustin ( "TUSTIN "), the Irvine Ranch Water District ( "IRWD ") and the Irvine Company ( "TIC "), and Lerman Homes of California, Ina( "LENNAR "). The fourteen entities are hereinafter sometimes jointly referred to as the "PARTIES" and individually as "PARTY." The cities are hereinafter sometimes jointly referred to as the "CITIES." The CITIES, COUNTY and DISTRICT are hereinafter sometimes jointly referred to as the "MUNICIPAL PARTIES." Thirteen entities (all entities except for LENNAR) are sometimes jointly referred to as the "ORIGINAL PARTIES." WITNESSETH WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region ("REGIONAL BOARD ") has adopted Resolution No. 98 -9, as amended by Resolution No. 98 -100 amending the Water Quality Control Plan for the Santa Ana River Basin to incorporate a Nutrient'TMDL for the Newport Bay /San Diego Creek Watershed on April 17,1998 and Resolution 99 -10 amending the Water Quality Control Plan for the Santa Ana River Bashi to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999 pursuant to the provisions of section 303(d) of the Clean Water Act; and, WHEREAS, the United States Environmental Protection Agency (USEPA) has established TMDLs for toxic pollutants, for San Diego Creek and Newport Bay, California on June 14, 2002, and the REGIONAL BOARD is developing implementation plans for each of the toxic pollutants; and, Page 1 of 22 25101M 2 Agreement No. Dll -066 WHEREAS, the adopted TMDLs contain requirements for studies, monitoring, and the development of programs to attain TMDL reduction targets over a multi -year period; and, WHEREAS, these TMDLs are included in the National Pollutant Discharge Elimination System ( "NPDES') Municipal Permit Order No. R8- 2009 -0030 that require a cooperative watershed program; and, WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99 -128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008 and July 8, 2010 to provide funding for the Nutrient, Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) studies in the Newport Bay Watershed; and, WHEREAS, the PARTIES intend this AGREEMENT as a successor to Agreement No. D99 -128 to provide for the performance of studies, research, monitoring, development and /or revision of programs related to the adopted TMDLs for nuixients, fecal coliform and toxics and current and future Clean Water Act §303(d) listings, as well as planning, permitting, design, construction, and maintenance of TMDL pilot projects ( "PILOT PROJECTS "); and WHEREAS, the PARTIES have reached agreement on a funding formula which is shown in Exhibit A; and WHEREAS, in the event that long -term watershed funding is secured prior to AGREEMENT expiration, the PARTIES intend to amend the AGREEMENT to incorporate this funding through revised cost share allocations; and, WHEREAS, it is recognized that regulatory compliance gained through the activities herein apply to all PARTIES equally, and WHEREAS, it is recognized that additional compliance efforts may be necessary and the PARTIES may choose to fund projects under separate agreements; and NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as follows: Page 2 of 22 25D -6 Agreement No. DII -066 Section 1. PURPOSE. This AGREEMENT is entered into for the purpose of funding and performing program activities related to the adopted TMDLs for nutrients, fecal coliform, and toxics and current and future Clean Water Act §303(d) listings in the Newport Bay Watershed. Section 2. TERM. The term of this AGREEMENT shall commence upon approval and execution of this AGREEMENT by all PARTIES or July 1, 2012, whichever is later, and shall continue until June 30, 2015. The AGREEMENT may be renewed for an additional three (3) year term running July 1, 2015 to Jane 30, 2018 with approval of the PARTIES. Section 3. PROGRAM WORK PLAN. The COUNTY shall work in concert with all PARTIES to develop a work plan for the following fiscal year. The work plan for the upcoming fiscal year shall be submitted to each of the PARTIES by December 15 of each year. The work plan may designate a PARTY as a lead other than the COUNTY for a work plan task(s). Section 4. BUDGET AND COSTS, The COUNTY shall work in concert with all the PARTIES to develop a budget for the following fiscal year. Budgeted amounts for PILOT PROJECr(S) shall not exceed $200,000 for all pilot projects in any one fiscal year. The budget for the upcoming fiscal year shall be submitted to each of the PARTIES by December 15 of each year, The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each PARTY for the following fiscal year. The COUNTY shall be entitled to charge to the program all costs for direct labor, materials, equipment, and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge. Section 5, WORK PLAN TASK LEAD REIMBURSEMENT. If a PARTY is designated as a task lead, upon written authorization from COUNTY, the PARTY shall invoice the COUNTY for authorized expenses up to the approved budget amount for the work plan task. Section 6. APPROVALS AND ADJUSTJAENTS.'The PARTIES shall be permitted to review and approve the budget and program work plan for the forthcoming year, review work products, and provide direction for performance of the work plan. The PARTIES shall be notified of the intent to issue Page 3 of 22 25D -7 Agreement No. Dll -066 contracts to perform the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evaluating consultant qualifications /proposals subject to the requirements of the County of Orange Contract Policy Manual. Criterion for approval of the work plan and budget shall be affirmative responses from PARTIES representing ninety percent (90 %) of the Cost Share Percentage in Exhibit A and 12 of the 13 PARTIES. The COUNTY and DISTRICT will constitute one approving PARTY. Any PARTY not providing a response by July 15 of each year shall be considered as rendering an affirmative response. Criterion for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget. Section 7. FUNDING COST SHARE ALLOCATIONS. Exhibit A, which is attached to this AGREEMENT and by this reference is made a part hereof, presents the funding formula and the fiscal year 2012 -13 cost share percentages for the PARTIES. Land area calculations will be reviewed and revised as needed. A request for information documenting changes in land area will be made to the PARTIES each year by November 1. Section 8. PAYMENTS. The COUNTY shall invoice each PARTY for its annual deposit at the beginning of each fiscal year. Each PARTY shall pay the deposit within 45 calendar days of the date of the invoice. Each PARTY'S deposit shall he based on its prorated share of the approved annual budget, reduced by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget from entities not party to this AGREEMENT. Interest earned on the PARTIES' deposits will not be paid to the PARTIES, but will be credited ngai nst ille PARTIES' share of the program costs. Tine COUNTY shall notify each of the PARTIES if it appears that costs may exceed the budget approved by the PARTIES in any fiscal year. The COUNTY shall prepare a fiscal year end accounting within 60 calendar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the Bunn of the deposits, and the COUNTY has noti fied and obtained Page 4 of 22 25D -8 Agreement No. D11 -066 approval from the PARTIES of potential cost overruns, the COUNTY shall seek approval of the excess cost from the PARTIES in the form of a revised budget and, upon approval, shall invoice each PARTY for its prorated share of the excess cost up to the amount of the revised approved budget. Each PARTY shall pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each PARTY will take into consideration any outside funding provided for programs in the approved budget from entities not party to this AGREEMENT, Upon termination of the program, a final accounting shall be performed by the COUNTY. If costs remaining after the deduction of interest costs exceed the sum of the deposits, the COUNTY shall invoice each PARTY for its prorated share of the deficit. Each PARTY shall pay the invoice within 45 calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds the costs, the COUNTY shall reimburse to each PARTY its prorated share of the excess, within 45 calendar days of the final accounting. Section 9. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this AGREEMENT. Nothing in this AGREEMENT is intended to preclude additional participants being added by written amendment as parties to this AGREEMENT pursuant to Section 10. Cost allocations for the additional parties and PARTIES will be revised based on the funding formula in Exhibit A. Section 10. AMENDMENT. This AGREEMENT may be amended in writing only with the unanimous written approval of the parties. Section 1.1, LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this AGREEMENT, each PARTY neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other PARTIES. It is the intent of the PARTIES that the rights and liabilities of each Party shall remain the same, while this AGREEMENT is in force, as it was before this AGREEMENT was made, except as otherwise specifically provided in this agreement. Page 5 of 22 25D -9 Agreement No. D11 -066 Section 12. TERMINATION. Any PARTY wishing to terminate its participation in this AGREEMENT shall so notify all other PARTIES in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating PARTY shall be responsible for financial obligations hereunder to the extent incurred in accordance with this agreement by the PARTY prior to the effective date of termination. The balance of the PARTIES may continue in the performance of the terms and conditions of this AGREEMENT on the basis of a revised allocation of cost based on the funding formula in Exhibit A. Section 13. AVAILABILITY OF FUNDS. The obligation of each PARTY is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the PARTIES to expend or as involving the PARTIES in any contract or other obligation for the future payment of money in excess of appropriations authorized by law. Section 14. NO THIRD PARTY BENEFICIARIES. Nothing expressed or mentioned in this AGREEMENT is intended or shall be construed to give any person, other than the PARTIES hereto and any entity in which a PARTY has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a PARTY, any legal or equitable right, remedy or claim under or in respect of this AGREEMENT or any provisions herein contained. This AGREEMENT and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the PARTIES and the entities in which they have a legal interest and their successors or assigns and for the benefit of no other person, agency or entity. Section 15, REFERENCE TO CALENDAR DAYS. Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. Section 16, ATTORNEYS FEES. In any action or proceeding brought to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is asserted as a defense, each PARTY shall bear its own attorneys' fees and costs. Section 17. ENTIRE AGREEMENT, This AGREEMENT is intended by the PARTIES as a filial expression of thew agreement and intended to be a complete and exclusive statement of the agreement Page 6 of 22 25D -10 Agreement No. D11 -066 and understanding of the PARTIES hereto in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This AGREEMENT supersedes all prior agreements and understandings between the PARTIES with respect to such matter. Section 18, SEVERABILTTY. If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. Section 19. SUCCESSORS AND ASSIGNS. The terms and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their successors and assigns. Section 20. NOTICES. All notices required or desired to be given under this AGREEMENT shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a availed copy, to the addresses specified below, provided each PARTY may change the address for notices by giving the other PARTIES at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission. Director of Public Services City of Costa Mesa P.O, Box 1200 Costa Mesa, CA 92628 -1200 Facsimile: (714) 754 -5028 Director of Community Development City of Irvine P.O. Box 19578 Irvine, CA 92623 -9578 Facsimile: (949) 724 -6440 Director of Public Services City of Laguna Hills 29035 El Toro Road Laguna Hills, CA 92653 Facsimile: (949) 707 -2633 Page 7 of 22 25D -11 Agreement No. D11 -066 Director of Community Development City of Laguna Woods 24264 El Toro Road Laguna Woods CA 92637 Facsimile: (949) 639-0591 Director of Public Works City of Lake Forest 25550 Commercentre Dr. Suite 100 Lake Forest, CA 92630 Facsimile: (949) 461-3511 Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Facsimile: (949) 718 -1840 Director of Public Works City of Orange 300 E. Chapman Ave Orange, CA 92866 Facsimile: (714) 744-5573 Detector of Public Works City of Santa Ana 101 W. 4t' St. Santa Ana, CA 92701 Facsimile: (71.4) 647 -5635 Director of Public Works City of Tustin 300 Centennial Way Tustin, CA 92780 Facsimile: (714) 734 -8991 Director, OC Public Works County of Orange 300 N. Flower Street Santa Ana, CA 92702 -4048 Facsimile: (7'14)834 -2395 Director, Water Quality Irvine Ranch Water District 3512 Michelson Drive. Irvine, CA 92712 Facsimile: (949) 453 -1228 Vice President of Environmental Affairs The Irvine Company 550 Newport Center Page 8 of 22 25D -12 Agreement No. Dll -066 Newport Beach, CA 92658 -8904 Facsimile: (949) 720 -2448 Vice President of Community Development Lennar 25 Enterprise, Ste 300 Aliso Viejo, CA 92656 Facsimile: (949) 349-0394 Section 21. EXECUTION OF AGREEMENT. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. Section 22. GOVERNING LAW AND VENUE. This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. Furthermore, the PARTIES have specifically agreed, as part of the consideration given and received for entering into this AGREEMENT, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first above written: Page 9 of 22 25D -13 Date; '1 2- APPROVED AS TO FORM COUNTYC 1 OYUNS R .4- Date: 5 /a-. 41pi '? Agreement No. DII-066 COUNTY OF ORANGE, a political Subdivision of the State of California By: Chairman of the Board o?iu -e—rvlsors f ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate ap# poj,iAc, By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD, By )IC4 Susan Novak Clerk of the Board of Supervisors of Orange County, California Page 10 of 22 25D-14 '1 zo -1 2 APPROVED AS TO FORM: ATTEST: City Clerk CITY OF COSTA MESA Mayor Ci Atto n/ey of Costa esa Page 11 of 22 25D -15 Agreement No. D11 -066 Date: a APPROVED AS TO FORM: ATTEST: City Clerk V Agreement No. DII -066 CITY OF IRVINE City Attorney of Irvine Page 12 of 22 25D -16 Date: ATTEST: Peggy J' s i City C_lerl< CITY OF LAGUNA HILLS Melo Carru May r APPROVED AS TO FORM: Gregory E. Simonia City Attorney of Laguna Hills Page 13 of 22 25D -17 Agreement No. Dll -066 Date: / IZ APPROVED AS TO FORM: ATTEST: CITY OF LAGUNA WOODS By: Cynthia S. Conners, Mayor Agreement No. D1.1 -066 Yolie Trip{ , Deputy City Cler David D. Cosgrove, City�torney Laguna Woods Page 14 of 22 25D -18 APPROVED AS TO FORM: ATTEST: Agreement No, D1'I -066 Y TT r r. T A VU rnUUCr City Clerk _ �. City Attorney of Lake Nrest Page 15 of 22 25D -19 Date: / L APPROVED AS TO FORM: ATTEST: City Clerk Agreement No. D] 1 -066 CITY OF NEWPORT BEACH By: Mayor City Attorney of Newport Beach ry 11 Page 16 of 22 25D -20 APPROVED AS TO FORM: ATTEST: CITY OF ORANGE By Agreement No. Dll -066 City Clerk City A gmey of Orange CITY OF SANTA ANA L9D-21 Agreement No. D11 -066 CITY OF SANTA ANA Date: JUL 18 2012 By: Paul M. Walters City Manager ATTEST: Maria D. Huizar Clerk of the Council C MNIE DEW- R APPROVAL: Raul Codinez, II Executive Director PWA APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney Page 18 of 22 25D -22 Date: 7/7-1,9 APPROVED AS TO FORM: ATTEST: City Clerk CITY OF TUSTIN qty Attorney of Tustin Page 19 of 22 25D -23 Agreement No. D7 ] -066 Date:-?-.6 Tel. APPROVED AS TO FORM: Date: & r 20 /1– Agreement No, Dll -066 IRVINE RANCH WATER DISTRICT BY: ,L l —. /Name: Paul Cook Title: General Manager J, BY ZAP L al Counsel - IRWD Page 20 of 22 25D -24 Date: Date: &/(S /( 2 Agreement No. Dll -066 THE IRVINE COMPANY By: Name; rist Tit1d�; Vice -- �- BY' Name: Paul P. Hernandez Title: Vice President _ Government Relations Page 21 of 22 25D -25 Agreement No. Dll -066 Lennar Homes of California, Inc. A California corporation Date: _� _[1;--/ °G- BY: Page 22 of 22 25D -26 0 r� r+ q z w W w C1 N H � N C7 w �W ✓ w N b+ �n O ; am th w0� O+ o N ri L Ln. t\ � r o h o 0 0 O 0 O o O o m r+ o n O U I WcH UNU V ilc� N W G (] �\ iD O U CO N ey W h N h N �i m My' o c7 N m o 4 Ci 4 Q W O 0 0 N ,o AI M nl CV M O 'Li C6 N o tJ G1 O Lr v� lr o rl nL h rn a rA h rte] W �m <r tfi O+ N � o � LNry hN. w IO W 14 L O FM M [ b M N f I r+ ,-C1y Q' LNf), Lp�� h. W O N N T yyyy pM� pOp W, 1'^ W Lit Ln U) p m CO O CO x r m CO N M �O CO W O lt, d+ H W W �j W Ch V> ifi 4 'D I I H a � r M h M ��-+, W Haz U y � GI Q O Q .G V F k O O N Q'. 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G C N .'�� ro 1' / 5 •Y.' ^ '.t "-. W C fi F Cu y wi Cb ,aCi' a'S G C o ti ,v cyGi V g .: k +.� O Q Q Q W 'S G O o b I M 6 .5 a�'-¢; 5 �. o � 5� � p ya FCC F H❑G O b E' N. 5 :C ro c) �,/-'• ZD a O .O °.: .S s' y '- h EW+ °c,., c a p e t. c` •.> ro H � u U U V C `. 7 ❑ P: 5 ti e� � ''� � .�'. Y c..� "' �y c ;� c:. � � W .� r"� w b m m ie ? v � v im '� O 'o .O t� a�i '%• .?.w O G -1 5 W O 0 'C M, C fi.` 25D -29 Exhibit 3 O O N n CD L6 � m � N O N M 60 M N O o M e 0) 0 r O M D In r M V � =FOP: O o Ch O O h Co h o Co co CO rn< d csr ss (n ro a7 25D -30 Exhibit At Amendment #1 to Agreement No. Dl l -066 FIRST AMENDMENT TO AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD ( "TMDL ") PROGRAMS IN THE NEWPORT BAY WATERSHED This first amendment ( "Amendment ") to the Agreement No. D11 -066 ( "Agreement ") is made and entered into this day of , 2015 by and between the County of Orange ( "County "), the Orange County Flood Control District ( "District "), the City of Costa Mesa ( "Costa Mesa "), the City of Irvine ( "Irvine "), the City of Laguna Hills ('Laguna Hills "), the City of Laguna Woods ( "Laguna Woods "), the City of Lake Forest ( "Lake Forest "), the City of Newport Beach (`Newport Beach "), the City of Orange ( "Orange "), the City of Santa Ana ( "Santa Ana "), the City of Tustin ( "Tustin "), the Irvine Ranch Water District ( "IRWD "), Irvine Company ( "TIC "), and Lennar Homes of California, Inc. ( "Lennar"). The fourteen entities are sometimes referred to individually as "Party" or collectively as the "Parties ". RECITALS WHEREAS, the Parties entered into the Agreement on June 26, 2012 for a three year period through June 30, 2015 to provide funding for the Nutrient, Fecal Coliform and Toxics TMDL programs in the Newport Bay Watershed; WHEREAS, Section 2 of the Agreement states that "(T)he AGREEMENT may be renewed for an additional three (3) years running July 1, 2015 to June 30, 2018 with approval of the PARTIES"; and WHEREAS, the Parties, through this Amendment, now desire to renew the Agreement for three (3) additional years until June 30, 2018. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Term, The term of Agreement shall be renewed for a period of three (3) years running July 1, 2015 to June 30, 2018. 2. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 25D -31 589994 1 of 15 Amendment #1 to Agreement No. D11 -066 3. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same insh^ument. 4. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect. 25D -32 589994 2 offs Date: APPROVED AS TO FORM COUNTY COUNSEL By Deputy Date: Amendment #1 to Agreement No. DII.066 COUNTY OF ORANGE, a political subdivision of the State of California Chairman of the Board of Supervisors County of Orange, California ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate and politic Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec 25103, Reso 79- 1535 Attest: By Robin Stieler Interim Clerk of the Board County of Orange, California 25D -33 989994 3 of 15 Amendment #1 to Agreement No, D'i1 -066 CITY OF COSTA MESA L� APPROVED AS TO FORM: ATTEST: Mayor City Clerk City Attorney of Costa Mesa 589994 `§p5 34 Amendment #1 to Agreement No. DII -066 CITY OF IRVINE Mayor APPROVED AS TO FORM: ATTEST; City Clerk City Attorney of Irvine 25D -35 589994 5 of 15 Amendment #1 to Agreement No. DII -066 CITY OF LAGUNA HILLS By: APPROVED AS TO FORM: ATTEST: Mayor City Clerk City Attorney of Laguna Hills 589994 2PP 36 APPROVED AS TO FORM: ATTEST: City Clerk 589994 Amendment #1 to Agreement No, D11 -066 CITY OF LAGUNA WOODS Mayor City Attorney of Laguna Woods 25D -37 7 ofl5 Amendment 91 to Agreement No. D11 -066 CITY OF LAKE FOREST Mayor APPROVED AS TO FORM: ATTEST: City Clerk City Attorney of Lake Forest 589994 2§"R 38 APPROVED AS TO FORM: ATTEST: City Clerk 589994 Amendment #1 to Agreement No. D11 -066 CITY OF NEWPORT BEACH Mayor City Attorney of Newport Beach 25D -39 9 of 15 Amendment #1 to Agreement No. Dll -066 CITY OF ORANGE IN APPROVED AS TO FORM: ATTEST: Mayor City Clerk City Attorney of Orange 589994 ` §O1 Y540 Amendment #1 to Agreement No. DI1 -066 CITY OF SANTA ANA Mayan APPROVED AS TO FORM: ATTEST: City Clerl< t ttorttey of Satan Ana 589994 m25D -41 Amendment 41 to Agreement No, DII.066 CITY OF TUSTIN Mayor APPROVED AS TO FORM: ATTEST: City Clerk City Attorney of Tustin 589994 2_5)1542 Amendment #1 to Agreement No, Dll -066 THE IRVINE RANCH WATER DISTRICT M 0 25D -43 589994 13 of 19 Amendment #1 to Agreement No. DII -066 IRVINE COMPANY By: By: 589994 2§pl544 Amendment 01 to Agreement No. Dl1 -066 Lennar Homes of California, 0 La 25D -45 589994 150f.15 25D -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT AMENDMENT WITH SUPERIOR PROPERTY SERVICES FOR PRESSURE WASHING SERVICES (STRATEGIC PLAN NO. 6, 1B) CITY MANAGit RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a` 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 amendment to the agreement with Superior Property Services for pressure washing services, increasing the contingency by $8,250 for a total annual amount of $105,100, for the third year period of the five -year agreement, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On October 15, 2012, a Request for Proposals was issued for providing hardscape pressure washing services in the Civic Center, On December 17, 2012, the City Council awarded a five - year contract to Superior Property Services in the amount of $57,950. In November 2014 the scope of service was increased to include additional days and areas of service. The cost of the increased scope of work resulted in increasing the existing contract by $30,900. In June 2015, $8,000 was added to the contract to replenish the contingency used for services performed during the Cinco de Mayo event. In September 2015, the Parks, Recreation and Community Services Agency ( PRCSA) held the Fiestas Patrias event. In order to clean the affected areas after the event the City needed to hire a pressure washing company. PRCSA used the existing contract authority with Superior Property Services to obtain the needed service. As a result, the contingency available for the Civic Center area was reduced. Staff is recommending increasing the contingency by the amount that was used for the Fiestas Patrias event to replenish the contingency available for the Civic Center area. 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 25E -1 Agreement with Superior Property Services October 20, 2015 Page 2 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 are available in the Recreation Community Services Contract Services- Professional account (no. 01113230 62300) for the contingency that was used at the Cinco de Mayo event for the following fiscal year: FY 2015 -2016 - $8,250. Gerardo Mouet, Executive Director Parks, Recreation and Services Agency EXHIBIT: Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: aws� )"-t)YL.9, Francisco Gutierrez, t Executive Director Finance and Management Services Agency 25E -2 THIRD AMENDMENT TO AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS THIRD AMENDMENT to the above - referenced agreement is entered into on October 20, 2015 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. The parties entered into Agreement #A- 2012 -248, dated January 1, 2013 ( "Agreement "), by which Contractor agreed to provide hardscape pressure washing services at various City -awned properties. B. On November 18, 2014, the parties executed a First Amendment to Agreement #A- 2014 -296, by which the original scope of services was expanded and the total annual compensation was increased to pay for the additional services. The total annual compensation includes a contingency amount of $10,000. C. On May 14, 2015, the parties executed a Second Amendment to Agreement #A- 2015 -095, by which the contingency amount for the period of January 1, 2015 through December 31, 2015 was increased by $8,000 and the obligation imposed on the Contractor to use reclaimed water in the performance of its services. D. The term of the Agreement is for a period of five years, from January 1, 2013 through December 31, 2017, and the Agreement remains in effect, E. The parties wish to further amend the Agreement to provide for an additional contingency amount during the period of January 1, 2015 through December 31, 2015 in order to replenish the annual contingency for this period that has been exhausted. The Parties therefore agree: 1. Section 2, Compensation, is further amended to include an additional $8,250 in annual contingency funds for the period of January 1, 2015 through December 31, 2015, 2. Except as modified by this Third Amendment, and all prior Amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Cleric of the Council City Manager -- signatures follow on next page -- Page 1 of 2 25E -3 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 0' •k. L JOH M' F''UNK Assistant City Attorney Page 2 of 2 25E -4 CONTRACTOR Mine: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENTS WITH PROJECT PARTNERS, INC., PENCO ENGINEERING, INC., AND CIVILSOURCE, INC., FOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES {STRATEGIC PLAN N 6, 1C} CITY MA' GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1° Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with Project Partners, Inc., PENCO Engineering, Inc„ and CivilSource, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide engineering, technical, and administrative support services, for a three -year period expiring October 20, 2018, with provisions for one 2 -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $500,000 for each firm over the entire term of the agreement, including any renewal. DISCUSSION The Public Works Agency oversees all aspects of civil engineering for capital improvements projects, including managing project design and construction. The approval of this recommended action will allow the City to temporarily augment staff as needed for various time - sensitive engineering, technical, and administrative duties to meet the agency goals and deliver projects in a timely manner. In the past, the City has contracted with firms to provide temporary staff for the Public Works Agency to perform a wide range of tasks such as design engineering, construction administration, plan checking, grant funding reimbursement, and other duties related to delivery of the Capital Improvement Program (CIP). The approved FY 2015 -16 CIP contains a very ambitious plan to design and construct $150 million in capital infrastructure improvements over the next three years. In anticipation of peak workloads which could exceed our staffing capacity, the recommended staff augmentation will help to maintain time - sensitive project delivery schedules and grant commitments. On June 24, 2015, the Public Works Agency released a Request for Proposals on the City's website and notified qualified consulting firms, Five proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to Its organization, credentials, resumes, references, and fees to provide the required services. The list of the firms and their respective scores is as follows: 25F -1 Agreements with Project Partners, PENCO, and CivilSource for Engineering, Technical, and Administrative Support Services October 20, 2015 Page 2 Project Partners, Inc. 91 PENCO Engineering, Inc. 86 CivilSource, Inc. 84 BRADY Not Rated PacRim Engineering Not Rated Staff recommends that Project Partners, Inc., PENCO Engineering, Inc., and CivilSource, Inc„ be retained to provide engineering, technical, and administrative support services. The cost proposals from these three firms were negotiated to ensure the City receives the highest quality and value. The other proposals were not rated because they provided scopes of work for engineering services but not for staff augmentation. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilization of 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 are available in prior year and the current FY 2015 -16 approved CIP budgets, and will be budgeted in future CIPs. Public Works Agency FM /EWG /AF Exhibits: 1. Agreement — Project Partners, Inc. 2. Agreement — PENCO Engineering, Inc. 3. Agreement — CivilSource, Inc. 25F -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21st day of October, 2015 by and between Project Partners, Inc, ( "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 Tune 24, 2015, the City issued Request for Proposal No, 15 -045, by which it sought proposals from qualified firms for engineering, technical, and administrative support services to be provided to the Public Works Agency on an as- needed basis. B, Consultant submitted, a responsive proposal that was among those selected by the City, Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15 -045 as Attachment 1 and that is also attached to this Agreement as Exhibit A. 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 those services as set forth in Exhibit A to this Agreement. 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 stun to be expended under this Agreement shall not exceed $500,000 during the term of this Agreement. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper- invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 21, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for one (1) two -year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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. S. 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 beat 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent fonn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the -California Labor Code, 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 25F 4 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, C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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 (3 0) days prior written notice to the City. (iv) 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 tenninate 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. W�1QMUV 1013CN11 11610 Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, .employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the 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 25F -5 3 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed tinder this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred tinder 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 farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less then 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 inforanation 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. 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. 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 marmer provided in this Section, to the following persons: 25F -6 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: To Consultant: Fred Mousavipour Executive Director Public Worlo Agency City of Santa Ana 20 Civic Center Plaza M -36 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5622 Project Partners, Inc. 23195 La Cadena Dr, Suite 101 Laguna Hills, CA 92653 Attn: (949) 852 -9300 (office) (949) 852 -9352 (fax) City Attorney's Office 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of 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 patty, which are not embodied herein. 25F -7 5 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 perfonned 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 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Consultant 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 raid 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 o£, in connection 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 terms of this Agreement, and shall indemnify City fiilly, 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 Ey: C' unk T , JoJohn F Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred. Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Project Partners, Inc. Tax ID# 25f -9 25F -10 Appendix ATTACHMENT I. SCOPE OF WORT{ CITY OF SAN'I A ANA RFQUE+ST FOR PROPOSALS FOR k:NGINCERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES RF.1P NO.: 15045 W odlL i.An and Bac1«round: The City of Santa Ana is located in the County of Orange in Southern California, The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Project. Managomont, Inspection, Oversight and delivery of Public Work Services, In the past the City has utilized used professional and administrative staff oil as needed basis to meet the goals and objectives of the City in the delivery of quality, on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the .noeds of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: On as needed basis, the Consultant /s will provide the City with professional staff to perform onginoeting, technical and administrative tasks on the delivery Public Work Services, These tasks may include engineering design for street rehabilitation and street widening projects plans acid specifications. Underground utility design and review for water, sower and storm, drain plans and speoifications, Next, Electrical and Mechanical consulting, review and design of plans and specifications for water infrastructure (i,e, wells, pump stations, sewer lift stations), Also, landscaping and irrigation system design for public work projects. In addition, and including traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services, The .list of positions the Consultant /s Wright need to fit[ include the following; Engineering/Teelwicai Project Engineer Senior Civil Engineer (PE License Required) Assistant Engineer II, (Civil, Electrical, Mechanical) City of Santa Ana RI C' 15 -045 25F -11 « Assistant Engineer I, ( Civil, 'Electrical, Mechanical) ► Engineering Aide « CADD- Designer GIS Analyst • Land Surveyor (LS License Required) « Project Manager « Field Inspector (Construction) • Field Inspector (Buildings) « Storm Water Coordinator o Plan Check Engineer Adm$ n flA, e « Senior Accounting Assistant e Accounting Assistant « Administrative Assistant « Contract Administrator After the City identifies the need for a position to be filed, the selected oonsultant/s will be asked to provide resumes of the candidates for the position, The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors maybe required to sing plans, specifications and contract legal documents. The City will accommodate the chosen candiaate/s in a workstation with and provide rotated office supplies, and provide access to the building (temporary identification cards), Consultant Cues onsibllitles: Consultant ,udit and Review Process: Prior to awarding the contract, the selected. Consultant might be subject to an audit or review by Caltrans' Audits and Investigations (A &t), other state audit organizations, or the federal government, The selected Consultant /s shall complete Exhibit 10 -K — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as Attachnxent4. 0tv Restsonsibilities; The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. E —ee -'r® isalI Include all forms arid information as requested. The funding mechanisra for any of the available positions might corn from different 'funding sources and would need to comply with the funding Agency toquirements, Clty of Santa Ana RF 11 &04 25F -12 In addition to Section IV,B,3 (Submittal Requirements; Fee Proposal) fee sobedule shall be structured as follows: • Caltrans 0unded projects, reference LAPM Exhibit 10 -H (sample cast proposal) included in Attachment 4, Special Reutdrements (Attachment 4); Compliance with Funding A&Mgyi All services rendered under federal, state and other non- local funding sources are subject to compliance with the regulatory funding agency. If Caltrans, This project Is funded through XXXX and snail comply with all requirements of XXXX The attached forms must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -1-1: Sample Cost Proposal • LAPM Exhibit 10 -I : Notice to Proposers, DBE Information • LAPM Exhibit 10.01: Consultant Proposal DE.E Commitment • LAPM Exhibit 10 -If.: Consultant Certification of Contract Costs and Financial management System If'CDBG: This agreement will be Amded through the U,S, Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause, Proposer shall comply with all requirements as they.pertain.to tite use of these funds. Refer to Attachment 4, included in the Appendix of this RFP. If the project will be financed by federal funds all services rendered shall meet all required fedora[ requirements included in this request for proposal. Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the now Race Conscious' Disadvantaged Business Enterprise (DBE) .Program. The DBE goad for this contract is 9.60%. City of Santa Ano RFP 15-045 —� 25F -13 1041 6111111019 25F -14 Project Partners (07/14/15) Title Billing Rate Project Engineer $ 66.00 to $ 78.00 Senior Civil Engineer .(PE, License Required) $ 72.00 to $ 97.00 Assistant Engineer II $ 56.00 to $ 69.00 Assistant Engineer $ 38.00 to $ 55.00 Engineering Aide $ 33.00 to $ 48.00 CARD- Designer $ 43.00 to $ 58.50 GIS- Analyst $ 49.00 to $ 78.00 Land Surveyor (LS, License Required) $ 88.00 to $ 102.00 Project Manager $ 85.00 to $ 114.00 Field Inspector (Construction)* $ 92.50 to $ 115.62 Building Inspector (Buildings)* $ 92.50 to $ 115.62 Storm Water Coordinator $ 38.00 to $ 54.00 Plan Check Engineer $ 78.00 to $ 97.00 Senior Accounting Assistant $ 35.00 to $ 50.00 Accounting Assistant $ 26.00 to $ 39.00 Administrative Assistant $ 23.50 to $ 36.00 Contract Administrator $ 37.00 to $ 50.00 * Prevailing Wage - Standard 25F -15 EXHIBIT C 25F -16 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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 Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25F -17 25F -18 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21st day of October, 2015 by and between PENCO Engineering, Inc. ( "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 June 24, 2015, the City issued Request for Proposal No. 15 -045, by which it sought proposals from qualified firms for engineering, technical, and administrative support services to be provided to the Public Works Agency on an as- needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15 -045 as Attachment 1 and that is also attached to this Agreement as Exhibit A. 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 those services as set forth in Exhibit A to this Agreement. 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 sum to be expended under this . Agreement shall not exceed $500,000 during the term of this Agreement. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM _ ._..... ... .. This Agreement shall commence on the date first written above mid terminate on October 21, 2018, unless tenninated earlier in accordance with Section 15, below. The term of this Agreement may be extended for one (1) two -year period upon a writing executed by the City Manager and the City Attorney. Vii: Q 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided, in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 mediurm 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 Docmnents & 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C upon execution of this Agreement. 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 autornobiles. C. Worker's Compensation Insurance. In accordance with the California 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 25F220 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. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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) 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 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 and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms 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 25f -21 of, pertain to, or relate to the negligence, recklessness, or willfiil misconduct of the Consultant. S. 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. 9. 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 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 tinder 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 infortnation, 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. 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 mariner 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: 25F4.22 To City: Cleric 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: To Consultant: Fred Mousavipour Executive Director Public Worlds Agency City Attorney's Office City of Santa Ana City of Santa Ana 20 Civic Center Plaza M -36 20 Civic Center Plaza (M -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax 714- 647 -5622 Fax 714- 647 -6515 PENCO Engineering, Inc. 16842 Von Karman Avenue, Suite 150 Irvine, CA 92606 Attn: Jeffrey M. Cooper 949 -753 -8111 (office) 949 - 753 -0775 (fax) A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, comrnimication 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 Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instruunent 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 are not embodied herein. 25F -23 5 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 mill and void. Nothing in this Agreement shall be construed to limit. the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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 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 that fails to meet the standard of performance specified in the Recitals of this Agreement, 16. NONDISCRIMINATION 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 or in connection with any activities under this Agreement, Consultant 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 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 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. 25F�- 24 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and tight 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: John . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: leffiey M. Cooper PENCO Engineering, Inc. Tax ID# 25F -25 7 EXHIBIT A 25F -26 ._ _..�_._......_ Appendix ATTACHMENT i. SCOPE OF WORK CITY Or, SANTA ANA REQVEST FOR PROPOSALS FOR ENGINEEmNG, TECHNICAL AND ADMINISTRATIVE SUPPCIRT'SERVICES RPP NO.: 19045 Intrtic4ucti,�sllci Bttcktrratlncl: The City of Santa Ana is located in the County of Orange in Southern California, The City encompasses 27.5 square miles and a population of over 225,000 people. The City of Santa Ana Public Works .Agency is soliciting proposals for staff services fiom consulting firms to assist in the Design, Construction Management, Project. Management, inspection, Oversight and delivery of Public Work Services. In the past the City bas utilized used professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery Of quality, on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is golielting proposals from qualified tiring to provide engineering, technical, and administrative support services for public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service $id Proposal and to provide the services described herein. bDescri tion o� .. f Wor On. is needed basis, the Consultantls will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include engineering design far street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sower and storm drain plans and specifications, Next, Electrical and Mechanical consulting, review and design of plans and specifications for water Infrastructure (i,e, wells, pump stations, sewer. lift stations), Also, landscaping and irrigation system design for public work projects, In addition, and ineluding traffic signal design, road shiping, survey services, contract management, project inspection and oversight, and. administrative support services, The list of positions the Consultant /s might need to fill include the following; ]Engineering /Tec nical Project Engineer Seixinr Civil ingi,neer (Pte I,iaense Izcgtdied) Assistant Engineor II, (Civil, Electrical, Mechanical) City of Santi Tna UP 16-045 25F -27 r Assistant Engineer 1, ( Civil, 'Electrical, Mechanical) + Enghreering Aldo + CADD- Designer + alS Analyst + Land Surveyor (LS License required) + Projeot Manager + Field Inspector (Construction) + Field inspector (Buildings) + Storin Water Coordinator + Plan Check Engineer Adnrinistuatiwe • Senior Accounting Assistant • Accounting Assistant + Achninistrative Assistant + Contract Administrator After the City Identifies the need for a position to be filled, the selected consultant/s will be asked to provide resumes of the candidates for the position. The City reserves the right to .interview any of the candidates prior to malting the selection. registered Professional Engineers and Licensed Land Surveyors may be required to sing plans, specifications and contract legal documents. The City will accommodate the chosen caadidatc /s in a workstation with and provide related office supplies, and provide access to -the building (temporary identification cards), Consultant Responsibilities: on ultaut udit anc] roview ?rotes: Prior to awarding the contract, the selected Consultant might be subject to an audit or review by Caltrans' Audits and Investigations (AM), other state audit organizations, or the federal govertunent, The selected Consultant /s shall complete Exhibit 10.K — Consultant Certification Contract Costs and Financial, in the Appendix of this rFP as Attachment 4, City Respon.sibilifles: The City will provide infennation in its possession relevant to the preparation of the required information In the rFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Fee P'rol5osal: include all forms and information as requested, 'ilre flinding mcob,anisin for any of the available positions might come from different ftitnchng sources and would need to comply with the funding Agency requirements. City of Santa Ana RFP 16-045 25F -28 In addition to Section IV,B,9 (Submittal Itequiretumts: Fee Proposal) fee schedule shall be structured as follows: • Caltrans funded projects, reference LAPM Exhibit 10-1.1 (sample cost proposal) included in Attachment 4, Special Re uir Menta Attachment 4): Compliance with Funding Agency: All services rendered tinder federal, state and other non• local fttnding sources are subject to compliance with the regulatory funding agency. If Cal trans: This project is funded through XXXX and shall comply with all requirements of XXXX The attached forms must be completed in their entirety and submitted with your proposal: * LAPM Exhibit 10 -H; Sample Cost Proposal d LAPM Exhibit 104: Notice to Proposers, DBE Information » LAPM Exhibit 10.01: Consultant Proposal DBE Commitment LAPM Exhibit 10 -M Consultant Certification of Contract Costs and Financial management System If CDBG: This agreement will be firaded through the US, Department of Housing and Urban. Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause, Proposer shall comply with all requirements as they.pertain to the use of these funds. Refer to Attachment 4, included in the Appendix of this RF'P. If the project will be financed by federal funds all services rendered shall meet all required federal requirements included in this request for .proposal, Consultants are advised that, as required by federal law, the City of Santa Aria is implementing the new Mace Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this contract is 9,60 %, .W_._ MY of Santa Ana Rr'P 1 -Uh5 25F -29 10,14 111 Ill NED9 25F -30 TITLE Project Engineer Senior Civil Engineer (PE, License Required Assistant Engineer II Assistant Engineer I Engineering Aide CARD- Designer GIS- Analyst Land Surveyor (LS, License Required) Project Manager Field Inspector (Construction) Building Inspector (Buildings) Storm Water Coordinator Plan Check Engineer Senior Accounting Assistant Accounting Assistant Administrative Assistant Contract Administrator 25F -31 BILLING IZATEf1EIR $66 -$98 $72 -$97 $56 -$69 $38 -$55 $33-$48 $43- $58.50 $49 -$78 $88 -$1.02 $85 -$114 $70 -$80 $75 -$85 $100-$1.10 $100-$110 $100-$110 $100 -$110 $70 -$75 $75-$80 EXHIBIT C 25F -32 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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 Policy # _ Issued to this endorsement form as a part of Insured Countersigned by Authorized Representative 25F -33 25F -34 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21st day of October, 2015 by and between CivilSource, Inc. ( "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 June 24, 2015, the City issued Request for Proposal No. 15 -045, by which it sought proposals from qualified firms for engineering, technical, and administrative support services to be provided to the Public Works Agency on an as- needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15 -045 as Attachment I and that is also attached to this Agreement as Exhibit A. 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 those services as set forth in Exhibit A to this Agreement. 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 sum to be expended under this Agreement shall not exceed $500,000 during the term of this Agreement. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 21, 2018, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for one (1) two -year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement. is not intended, nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manmer 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. Consultant shall supply City with a filly executed additional insured endorsement in substantially the form attached as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance. In accordance with the California Labor Code, 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 25F -36 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. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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) 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 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms 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 reiglvyftit Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. 9. 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 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 tinder this Agreement. 10. CONFIDENTIALITY I£ 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. 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. 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: 25F -38 4 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: To Consultant: Fred. Mousavipour Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza M -36 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5622 CivilSource, Inc. 9890 Irvine Center Drive, Irvine, CA 92618 Attn: Amy Amirani 949 - 585 -0477 (office) 949 -585 -0433 (fax) City Attorney's Office 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, 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of 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 are not embodied herein. 25F -39 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) clays 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 payinent, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16, NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Consultant 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 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 Consultant 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. 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. 25F�40 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 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 Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Jay: JoJohnFunun k Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency [1IYt !7iII.YJP►11FAVaITi1 David Cavazos City Manager CONSULTANT: Amy Amirani CivilSource, Inc. Tax ID# 25F -41 7 'I. M 25F -42 Appendix A'T'TACHMENT T SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LNCINEERING, TECHiVICtAL AND ADMINISTRATIVffi SUPPORT SERVICES RFP NOr i 15 -045 Irltrodlfctigg gnd Back2rouald: The City of Santa. Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and apopulation of over 325,000 ,people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Project Management, Inspection, Oversight and delivery of Public Work Services, ]'.n the past the City has utilized used professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality, on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the .needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to ,provide the services described herein. Descripfion of Work: on, as needed basis, the Consultant /s will provide the City with professional staff to perform engineering, technical and administrative, tasks on the delivery Public Work Services. These tasks may include engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for° water, sower and storm drain plans and specifications, Next, Electrical and Mechanical consulting, review and design of plans and specifications for water infrastructure (i,e, wells, pump stations, sower lift stations), Also, landscaping and irrigation system design for public work projects. In addition, and including traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services, The list of positions the Consultant /s might need to fill include the following: Enaineerirg /Techn teal Project Engineer s Senior Civil Engineer (PE.License Required) • Assistant Engineer II, (Civil, Electrical, Mechanical) City of Santa Ana RFP 15.045 25F -43 r Assistant Engineer I, ( Civil, Electrical., Mechanical) • Engineering Aide • CADD- Designer (ITS Analyst • .Land Surveyor (LS License Required) • project Manager • Field Inspector (Construction) • Field inspector (.Buildings) • Storin Water Coordinator • Plan Check Engineer Admirristratiyo + Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Contract Administrator After the City identifies the need for a position to be filled, the seleotod eonsultant/s will be asked to provide resumes of the candidates for the position, 'tire City reserves the right to interview any of the candidates prior to snaking the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sing plans, specifications and contract legal documents. The City will accommodate the chosen candidate /s in a workstation with and provide related office supplies, and provide access to -the building (temporary identification cards), Consultant Responsibilities, Copdult It •nisi and Re ie ; Prior to awarding the contract, the selected Consultant might be subject to an audit or review by Caltrans' Audits and Investigations (A &I), other state audit organizations, or the federal goverainent, The selected Consultant /s shall complete Exhibit 10 -K •- Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as Attachment 4, City Respolisibiiities; The City will provide inforsnatiou it) its possession relevant to the preparation of the required infar7nation In the R'FP. 'rhe City will provide only the staff assistance and the documentation specifically in referred to herein, F'ee Pia P oral, Include all forms and information as requested. The Rinding mechanism for any of the available positions inight come from difforent funding sources and would need to comply with the funding Agency requirements. Clfy of Santa Flna F2rP t BM046 25F -44 In addition to Section IV,B,3 (Submittal Requirements; Fee Proposal) fee schedule shall be structured as follows: • Caltrans funded projects, reference LAPM Exhibit 10 -H (sample cost proposal) included in Attachment 4, Sueci€tl Requirements (Attachment 4): Con pli lice with Fundine AgMM All services rendered under federal, state and other non- local funding sources are subject to compliance with the regulatory funding agency. If Caltrans; This project is funded through XXXX and shall comply with all requirements ofXXXX The attached forms must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -H: Sample Cost Proposal • LAPM Exhibit 10.1: Notioe to Proposers, DBE Information • LAPM Exhibit 10-71: Consultant Proposal DBE Commitment • LAPM Exhibit 10 -IC: Consultant Certification of Contract Costs and Financial management System If CD.BG: This agreement will be funded through the U.S. Department of .Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as thoy.portain.to the use of these funds, Refer to Attachment 4, included in the Appendix of this RF'P, If the project will be financed by federal Rinds all services rendered shall meet all required federal requirements included in this request for proposal, Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the now Race Conscious Disadvantaged Business Enterprise. (DBE) Program, The .DBE goal for this contract is 9,60 %. City of Santa Ana RFP 15.045 25F -45 10414 loll 1 goY 25F -46 TITLE Project Engineer Senior Civil Engineer (PE, License Required Assistant Engineer U Assistant Engineer I Engineering Aide CARD- Designer GIS- Analyst Land Surveyor (LS, License Required) Project Manager Field Inspector (Construction) Building Inspector (Buildings) Storm Water Coordinator Plan Check Engineer Senior Accounting Assistant Accounting Assistant Administrative Assistant Contract Administrator 25F -47 BILLING RATE/HR $66 -$98 $72 -$97 $56$69 $38 -$55 $33 -$48 $43- $58.50 $49 -$78 $88-$102 $85 -$114 $70 -$80 $75 -$85 $89 $80 $100 $75 $60 $65 EXHIBIT C 25F -48 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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 this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25F -49 25F -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT WITH ALBERT GROVER & ASSOCIATES FOR CITYWIDE SPEED LIMIT STUDY (PROJECT 16 -6861) (NON- GENERAL FUND) {ST� PLAN -6 ' 1 B} CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Albert Grover & Associates, subject to nonsubstantive changes approved by the City Manager and City Attorney, to conduct engineering and traffic survey studies in order to update posted speed limits, as well as follow up speed surveys, in a total amount not to exceed $75,812, which includes a 10% contingency, for a three -year period from October 21, 2015 through October 20, 2018. DISCUSSION An engineering and traffic survey is required every five years so that the City's posted speed limits may be enforced per the California Vehicle Code requirements. The last study was conducted in 2011 and therefore it is time for an update. A Request for Proposals (RFP) for an engineering and traffic survey was released and distributed to qualified firms on August 26, 2015, and the City received seven proposals. The proposals were evaluated by a four - member committee comprised of Police and Public Works Agency staff. The proposals were rated on the basis of qualifications, experience with similar projects, work plans, and overall approach. The work involves the study of 200 zones and preparation of an estimated 90 sketches for sign replacement or relocation. The RFP requested a fee schedule reflecting performance of the basic study as well as fees to conduct additional speed surveys as necessary. After receiving the proposals, in light of follow up speed studies that will be necessary in conjunction with the Safe Mobility study and Complete Streets improvements, the cost to evaluate an additional 50 locations should be added to the basic services so that posted speed limits may be adjusted upon completion of street improvements rather than waiting 5 years. After evaluating the proposals, the corresponding sealed fees submitted by the top three firms were opened. The evaluation scores and fees for each proposal are as follows: 25G -1 Agreement with Albert Grover & Associates Citywide Speed Limit Study October 20, 2015 Page 2 Firm Score Base Fee Total Fee 1. Albert Grover & Associates 89 $48,920 _ $75.812 2. Kim Iey Horn 88_ $90,147 $133,997 3. Michael Baker 84 $68,700 $99,500 Based on the quality and value of the services proposed, staff recommends that Albert Grover & Associates be retained to conduct an engineering and traffic survey for speed limit updates and follow -up speed studies, as needed. This firm has demonstrated they have the experience and resources needed to provide the required services. The base and extended services by Albert Grover & Associates are estimated to cost $70,920. Staff also recommends adding a contingency to the base services of $4,892 (approximately 10 %) to cover related unforeseen work for the base traffic speed survey, resulting in a total not -to- exceed contract of $75,812. Breakdown is as follows: $48,920 for engineering and traffic survey work, $4,892 as contingency and $22,000 for follow up services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. 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 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 for the Citywide Speed Survey study have been budgeted in the Measure M2 Local Fairshare Fund (Account No. 03217662 - 66220, Project No. 16 -6861) and are available for expenditure in the FY 2015/16 Capital Improvement Program. r� av Fr d Mousavipour Executive Director Public Works Agency FM /EWG /ZK Exhibits: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21s` day of October, 2015 by and between Albert Grover & Associates, a California corporation, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic engineering services. B. 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: I. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. In addition, provide traffic engineering speed surveys at other locations to be identified by staff. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its speed survey updates, the sum of $48,920 as identified in Exhibit B, subject to a 10% contingency. In addition, Consultant agrees to provide speed surveys at other locations to be identified by staff consistent with the hourly rates identified in Exhibit B. The total sum to be expended under this Agreement shall not to exceed $75,812 during the term of this Agreement. b. Payment by City shall be made within Thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 20, 2018, unless terminated earlier in accordance with Section 15, below. Ejj�it_1 ate 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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. 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 26G -4 $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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) 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 and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms 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. 26G -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. 9. 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 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. 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 in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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: 25G -6 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: To Consultant: Fred Mousavipour, Exec. Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5635 Mark Miller Albert Grover & Associates 211 E. imperial Highway, Suite 208 Fullerton, California 92835 fascimile (714) 992 -2883 City Attorney City Attorney's Office 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. 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 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 are 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 25G-7 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 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. 16. 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 and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 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. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. 25G -8 b. 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 --_. City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Mark Miller Executive Vice President Tax ID# 25G -9 EXHIBIT A SCOPE OF SERVICES 25G -10 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 INTRODUCTION The City of Santa Ana (City) has a large network of arterial, secondary and collector streets with posted speed limits. State law mandates that posted speed limits must be established on the basis of an Engineering and Traffic Survey every five, seven, or ten years. The last Engineering and Traffic Survey in Santa Ana was conducted in 2011. The City now needs a new study to update the posted speed limits. DESCRIPTION The City is issuing this Request for Proposals (RFP) for the Engineering and Traffic Survey For Speed Limits Update. The consultant shall do the Engineering and Traffic Survey work in accordance with the State of California, Department of Transportation, California Manual on Uniform Traffic Control Devices, Part 2B.13 (Speed Limit Sign) and the State of California Vehicle Code 627 and 40802, and sections 22348 through 22413. Recent changes to the law will be applied, as required, to this project. Each person conducting the vehicle speed (radar) surveys shall be certified by an authorized entity or instructor acceptable to the City. Additionally, each radar gun used for speed surveys shall be certified that it meets and/or exceeds all of the manufacturer's specifications by an authorized entity, distributor, or repair facility acceptable to the City. Proof of certification must be included in the proposal. Consultant shall consider the results of the Safe Mobility Santa Ana (SMSA) study, as needed, for appropriate posting of speeds. The SMSA study is a citywide collision safety study that will identified high collision corridors and intersections. PROJECT TASKS The Consultant shall provide all necessary services to perform the following tasks: Conduct vehicle speed (radar) surveys for 200 street segments within the City of Santa Ana. The number of segments shall be confirmed according to the City's Master Plan of Streets and Highways and the latest Federal Aid Urban (FAU) Map. Surveys shall not be conducted on weekends or during peak traffic hours. Provide the radar speed survey field sheets (with raw data) and radar speed survey analysis sheets for each surveyed street segment (samples for both attached). Please Note: If speed survey data seems either unusually high or low, the City may require such locations to be resurveyed at no additional cost to the City. 2. Conduct field reviews of each of the 200 street segments. The field reviews for traffic factors shall be conducted while school is in session. Provide a field review summary sheet for traffic factors, roadway factors, and adjacent land uses, etc. (sample attached). 3. Determine the appropriate speed limit for each segment following the State of California's and the California Vehicle Code's latest requirements. When determining the speed limits, the consultant must City of "a also review the latest methodologies and include information summarizing how these new requirements have changed since the prior study. If any reduction from the 85% percentile speed is recommended, these shall be fully documented and follow the procedures required by the State of California in setting speed limits. 4. Prepare a Summary of Recommendations in chart form to include the street name, street segment, existing speed limit, recommended speed limit, 85h percentile speed, mean speed, 10 mph ace range, percent of vehicles in pace, date of survey, and reason for speed limit change from the 85F percentile (sample attached). The Summary of Recommendations shall include all street segments studied, unless otherwise specified by City staff. 5. Prepare a report which includes the following: a) A certification suitable for submittal to the municipal court system, b) Radar speed survey operational procedures, c) A description of the purpose and methodology of speed zone establishment, d) A description of the statistical analysis factors, e) A description of the field data used in analyzing the related roadway characteristics, f) Accident history for the street segments, g) Results and recommendations, and h) The Summary of Recommendations in chart form. 6. Consultant shall prepares sketches for sign changes. This task is based on an estimated number of 90 sign- posting locations that may require changes. Once all recommendations are confirmed by the City, this task may or may not be required by the City. In the fee proposal, please list the unit price to identify each sign location at a specific distance from the nearest curb extension. These changes will indicate if the sign is new, a replacement, and/or removal and if a new sign (only) or a new sign and post will be required. City staff would then use such sketches to write -up each department traffic order (DTO) for sign change. Please note that if Task 6 is authorized, consultant staff will be trained by the City's in -house personnel to use the database and DTO programs and this work shall be completed on the City's premises. DTOs and sketches shall be done in a manner acceptable to the City and using the City's database and formats. Sketches shall be done by attaching electronic aerials photos into Microstation files and showing the sign post changes from the nearest curb return extension. Task No. 6 needs to be listed in Fee Proposal as a Separate Item with a price per unit cost listed for 90 locations. The City reserves the right to issue or not issue this Task or a portion of it. As part of the report preparation the selected consultant will do up to 5 presentations or public meetings to report out the study findings and recommendations. All procedures and speed limit recommendations shall be per the latest requirements in California Manual on Uniform Traffic Control Devices plus the latest law in the most current version of the California Vehicle Code. SUMMARY OF PRODUCTS The required products, which are to be delivered to the Traffic Engineering section of the City of Santa Ana Public Works Agency, shall be as follows: 1. The radar speed survey sheets with raw data for each street segment (200 zones), see sample. 2. The field review summary sheets (see sample) and other data collection information for each street segment. 3. The radar speed survey analysis sheets, for each street segment, see sample. R, y 5 -086 4. The draft report. • Including a color map of the recommended speed limits. • Including a list of recommended speed limit increases and decreases (see samples). 5. The final report. • Including a color map of the recommended speed limits. • Including a list of recommended speed limit increases and decreases (see samples). 6. All written reports, information, data, charts, tables, and maps in electronic format. Prior to commencement of work, the consultant shall submit samples of the radar speed survey field sheet, the radar speed survey analysis sheet, the field review summary sheet and the Summary of Recommendations chart for preapproval. SCHEDULE This project is a priority project for the City of Santa Ana Public Works Agency. The anticipated schedule is shown below. The final report and sketches should be completed within 270 calendar days of notice to proceed issuance. Assume notice to proceed is given on November 1, 2015. PROPOSED SCHEDULE TASK SEP/ OCT 2015 NOV/ DEC 2015 JAN 2016 FEB 2016 MAR 2016 APR 2016 MAY 2016 JUN 2016 JUL 2016 RFP & Consultant Selection (City) * ** 1. Field Review & Data Collection * ** 2, Radar Speed Surveys * ** * ** 3. & 4. Analysis * ** 5A. Draft Report City's Review (City) ** ** 513. Final Report * City's Ordinance (City) ** 6. Sketches for Sign Chan es * ** ** 7 EXHIBIT B Fee Schedule 25G -14 Citywide Engineering and Traffic Survey PROJECT FEE TASK Project Fee COST 1. Radar Speed Surveys (200 segments) $9,020 -- ------------ ------- - 2. Field Review and Other Data Collection $9,650 - --------- - - ----------- --- 3. Analysis $16,050 4. Report Preparation $10,000 TOTAL $45,320 Note: Additional locations (over and above the initial 200 locations) will be billed at a cost of $226 each. Optional Task: Sketches for sign locations (90 locations at $40 per location): $3,600 A.LB 4'i OVER E)% R & IQOAIM Citywide F"gillec, ing and Traffic Survey PROJECT MANPOWER ANALYSIS Project Fee Page L is C a: LU 1- : 0 0 Lu W a: m m m 0 E (0� C 0 0 —. C LU 0 Totals Task Lu w w Hours/Cost 1. Radar Speed Surveys (200 zones) - ------ --- --- ... 82 $9,020 821$9,020 2. Field Review & Other Data Collection 20 $5,000 6 $1,350 -------------- 20 $3,300 46/$9,650 3. Analysis 30 $7.500 24 $5,400 10 $1.650 ------- 20 $1,500 -- 841$16,050 4. Report Preparation 16 $4,000 8 $1,800 20 $3,300 20 $1,500 64/$10,600 Total i 66 $16,500 38 $8,550 50 $8,250 82,-,$9,020 40 $3,0001 Page L Citywide Engineering and Traffic Survey..: SCHEDULE OF HOURLY RATES EFFECTIVE JULY 1, 2014 Principal /President $ 275 Vice President $ 250 Director of Project Development $ 250 Principal Transportation Engineer $ 225 Senior Transportation Engineer $ 200 Senior Design Engineer /Project Development Manager $ 185 Advanced System Integrator $ 180 Senior Associate $ 170 Transportation Engineer /Senior Project Coordinator $ 165 Design Engineer /Senior Signal Systems Specialist/Construction Inspector /System Integrator $ 150 Associate Transportation Engineer /Civil Engineering Associate $ 140 Transportation Engineering Associate $ 135 Signal Systems Specialist $ 135 Signal Systems Technician $ 125 Senior CADD Operator $ 125 Project Coordinator /Associate Engineer $ 110 CADD Operator $ 110 Assistant Transportation Engineer /Assistant Engineer $ 90 Traffic Enumerator, Engineering Aide $ 75 Engineering Aide II $ 50 Council /Commission Meetings, Hearings, etc. (Billing Rate +$50 Surcharge) $ 1,000 Minimum Expert Witness (Billing Rate + $50 Surcharge) $ 1,000 Minimum Expert Witness - Deposition /Court (Billing Rate + $100 Surcharge) $ 1,000 Minimum Subconsultants will be billed at cost plus 20% Conditions of Usage: The above rates are typically effective fora 12 -month period, but AGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10% ANNUAL PERCENTAGE RATE. �- _ I <.. Page 3 EXHIBIT C 25G -18 APPENDIX F NON - DISCRIMINATION CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant 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 Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction 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 Consultant 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 25G -19 September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penaltie Wfor a violation of the Chapter. Signed: — Title: President /CEO Finn: Albert Grover & Associates Date: September 16, 2015 25G -20 APPENDIX G NON- LOBBYING CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15-086 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Albert Grover Signed and Printed Name: Title Date September 16, 2015 City of Santa Ana RFP 15 -086 26ade '11 Albert L. Grover APPENDIX H NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE RFP NO.: 15 -086 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification the certifier to criminal prosecution. w Signed State of Calif rnia County of 0 (Q!� V\ /� Subscribed and sworn to (or affirmed) before me on this IS day of 5 , 2015, by f il- JbK I- G-n 0cr- proved to me on the basis of satisfactory evidenct�inutt�l me. NATALI NO Commiadon 1 2030531 Nottay PuttAe • California T Orange County _ Comm. Expires Jul 20. 2017 — Notary Public Signature Notary Public Seal 25G -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC., FOR GRAFFITI STREET CLEANING SERVICES, RFP NO. 15 -080 (NON- GENERAL FUND) (STRATEGIC PLAN NOS „6, 1B and 7, 5E) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ ordinance on 1 a1 Reading ❑ ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Graffiti Protective Coatings, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to perform graffiti street cleaning services in areas that are visible from the right -of -way for $1,820,000 and in City park areas not visible from the right -of -way for $324,000 for a two -year period, expiring October 31, 2017 in a total amount not to exceed $2,144,000 with provisions for three 1 -year renewal options, exercisable by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for citywide graffiti removal and performs graffiti removal services 365 days a year. This service has been contracted since 2011 and provides graffiti removal services within 24 hours or less (on average), based on requests received from residents through the City's graffiti hotline and the "mySantaAna" Public Works smartphone application. The current agreement funding authority expires on October 31, 2015. On September 1, 2015, the City Council approved the release of the Request for Proposals (RFP) for graffiti removal street cleaning services, visible from the right -of -way, which was subsequently advertised on September 2, 2015, on the City's website and online bid management and publication system. City staff also contacted vendors directly. A summary of the proposal invitations and proposals received is as follows: 14 Vendors notified (1 Santa Ana vendor) 4 Vendors attended mandatory pre - proposal meeting (1 Santa Ana vendor) 1 Proposal received (1 Santa Ana vendor) Proposals were received on September 23, 2015, and evaluated by staff from the Planning & Building and Public Works Agencies, and the City of Anaheim. Evaluation results are as follows, based on a total possible rating of 600: Firm Location Rating Proposal Fee Graffiti Protective Coatings, Inc. Santa Ana, CA 582 $910,000 (97 %) 25H -1 Agreement with Graffiti Protective Coatings, Inc. for Graffiti Street Cleaning Services October 20, 2015 Page 2 The evaluation committee determined that the proposal submitted by Graffiti Protective Coatings, Inc. (GPC), was thoroughly responsive to the RFP. GPC is highly qualified, reputable, and has proven experience with similar contracts, as demonstrated by its municipal service contracts with the Cities of Long Beach, Ontario, San Jose, Torrance, Santa Ana, and the State of California (Caltrans). GPC has proven it can remove graffiti faster than its competitors, by incorporating proprietary and innovative techniques into its operation. During the current agreement term in Santa Ana, graffiti was reduced from over 5 million square feet annually to approximately 3.5 million square feet. Services include 100 percent color matching, facilitating graffiti crime analysis for the Police Department, and the app -order system which provides real -time dispatching and work order management. Also included in their service is the "mySantaAna" reporting APP that allows the City to provide immediate assistance to the community for graffiti removal and other public works services. Following the evaluation process, staff entered into negotiations with GPC, and reached the following key agreement negotiation deal points: • Community Event Participation — Contractor committed to providing staffing, t- shirts and takeaways upon City request. Mobile Web Service and Work Order Enterprise System for Public Works (Innovation and Efficiency): Contractor has agreed to provide this service for Public Works maintenance programs in Trees, Street Signs, Sanitation and Roadway Maintenance, which will increase the service response time and transparency to the community. This service will provide before and after pictures, web services to incorporate with other vendor data and real -time and direct dispatching to staff. GPC has provided a discounted quote of $10,000 which is $15,000 less than their market price. Approval of this action will authorize staff to evaluate feasible financing options to fund a dedicated parks graffiti removal services. This service is not a current agreement requirement, as this operation was previously provided by Parks & Recreation Agency staff. City parks account for nearly 20 percent of all graffiti, and one dedicated full -time staff person is required in order to meet the high service demand. In order to maintain City park restrooms, sidewalks, and facilities that are not visible from the right -of -way, a separate bid amount was requested through the RFP process. GPC has proposed the amount of $162,000 annually for this service that will allow the Parks & Recreation Agency to receive a quicker response for removal of graffiti that is not visible from the right -of way. The impact of not providing a dedicated staff person will result in delayed response for parks services and all right -of -way graffiti removal services from 24 to up to 72 hours. GPC has demonstrated the organizational credentials, resources, and experience necessary to meet the City of Santa Ana's high level of quality service and needs. GPC will adhere to all provisions of Senate Bill 7 for prevailing wages as mandated by the State of California. Based on the information provided in the proposal, interview, and references, staff has determined that GPC will provide the best quality service at a minimum cost to the City and, therefore, requests approval of the recommended 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 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); and Goal #7 Team Santa Ana, Objective 5 (Create a culture of 25H -2 Agreement with Graffiti Protective Coatings, Inc. for Graffiti Street Cleaning Services October 20, 2015 Page 3 innovation and efficiency within the organization), Strategy E (Identify best practices and opportunities for process automation across City departments in order to provide effective and efficient delivery of City services to the community. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is available in the FY 2015/16 Budget and will be budgeted in future years in the following accounts: 2015/16 06817642 -62300 Pub Wks- Graffiti Abatement $ 607,000 06817640 -62300 06817641 -62300 06817643 -62300 Pub Wks- Environment /Sanitation Pub Wks- Roadway Cleaning Pub Wks - Street Trees $ $ $ 45,000 27,000 36,000 2016/17 06817642 -62300 Pub Wks- Graffiti Abatement $ 910,000 01113250 -62300 Rec Comm Svs -Park Maintenance $ 162,000 2017/18 06817642 -62300 Pub Wks- Graffiti Abatement $ 303,000 01113250 -62300 Rec Comm Svs -Park Maintenance $ 54,000 Total $ 2,144,000 Fred ousavipour Executive Director Public Works Agency n Executive Director ` Parks, Recreation and Community Svcs, Agency DM:PG Exhibits: 1. Agreement 2. RFP 15 -080 3. Graffiti Protective Coatings Proposal APPROVED AS TO FUNDS AND ACCOUNTS: n . °t 1 '0P.tA. Francisco Gutierrez SR Executive Director Finance & Management Services Agency 25H -3 25H -4 CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this _ day of October, 2015 by and between Graffiti Protective Coatings, Inc., a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of professional graffiti removal services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. q§MMMKOi$liri -J ►&LAI[ePI a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,143,839.52 during the term of this Agreement. 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 the date first written above and terminate on October 31, 2017, unless terminated earlier in accordance with Section 14, below. The term of this Agreement is subject to three (3) one (1) year renewal options exercisable upon a writing executed by the City Manager and the City Attorney in an amount not to exceed $1,061,919.76 annually. 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. 25H -5 Exhibit 1 5. ADDITIONAL CONTRACTOR DUTIES -- COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS Contractor shall participate in public awareness efforts and community events and programs, such as neighborhood clean -up events and anti - graffiti campaigns. Such participation shall be upon City request provided with reasonable notice of event timing. 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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. 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, 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. 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 by Contractor without thirty (30) days prior written notice to the City. If Contractor fails or refuses to produce or maintain the insurance required by this 2 25H -6 section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7, INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 11*0107 FiF� 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. 9. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is In rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 26H -7 10. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall riot have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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: MIN To Contractor: Executive Director for Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.C. Box 1988 Santa Ana, California 92702 Fax (714) 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.C. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Graffiti Protective Coatings, Inc. 419 N. Larchmont Blvd., #264 Los Angeles, CA 90004 Attn: Carla Lenhoff, President 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. 4 25H -8 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City, 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION . VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 2dH -9 17. 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney Jos a doval Chef Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager 6 25H -10 GRAFFITI PROTECTIVE SERVICES, INC. CARLALENHOFF _ President Tax ID# SCOPE OF SERVICES 25k -11 GRAFFITI REMOVAL PROGRAM SCOPE OF SERVICES INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana; specifically high quality workmanship that leaves no traces of past vandalism. Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and /or tenants of properties of the project site(s), For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty -four (24) hours. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the site, or any other reason, the Contractor shall notify the Project Manager and /or his /her designee with the status of the site prior to the end of the twenty -four (24) hour timeline. I, SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractors) shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards, b. Remove graffiti from public structures, visible from the right -of -way, including, but not limited to: I, Public buildings, monuments, and facilities; ii. Street light poles; iii. Traffic signal poles or controller boxes; IV, Concrete structures (i.e. City -owned sidewalks, bridges, overpasses, and flood channel facilities, etc.); V. Guardrails; vi. Traffic signs; vii. City Parks and viii. Trails. c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right -of-way, including, but not limited to: 1. Exterior walls; ii. Fences; !it. Sidewalks; iv. Windows; v. Trash receptacles; vi. Utility boxes and covers; 25H -12 vii. Signs; viii. Bus stops and shelters; ix. News racks; X, Doors; and X!, Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, rec. buildings); Iii. Concrete structures (Le, sidewalks, paths, bridges, trails); iv. Bike Paths; V, Walking Paths; vi. Bleachers; vii. Baseball /Softball Diamonds; viii. Trash Receptacles; ix. Rocks; X, Doors; xl. Fences; xii. Windows; xiii. Utility boxes and covers, and xiv. Park Trees; The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. e. Unless notified otherwise by the Project Manager and /or his /her designee, graffiti shall be removed so no trace of the pre - existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. g. Abate the entire surface in the event that the graffiti rovers a significant area of the surface. Tile Project Manager or his /her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limited to: I. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right -of -way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; V. Leave work site in undamaged condition; vi. Post signage to Identify wet paint; vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory 25H -13 requirements. Materials rinse residue shall be collected and disposed of appropriately. I. Meet with City Project Manager and /or his /her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of Contractor(s). I. Apply anti - graffiti coatings, as required, by the Project Manager and /or his/her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary, n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full -time daily proactive surveillance at Contractor's expense. p. Working Hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday and 12 noon on Sundays within 24 hours. City hlolidays observed; New Year's Day, Martin Luther King, Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day r. The Project Manager and /or his /her designee or the Police Department may designate sites as needing an erergency response. An emergency work order will be Issued immediately and will have first priority for graffiti removal on the same day. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two -hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real -time web based work order system for receiving, tracking, and closing war)( orders which City personnel may access. System must allow multiple photos per work order number. b. Work orders shall include: Location or address; 25H -14 ii. Before and after photos; iii. Date and time of work order creation; iv. Date and time of removal performed; V. Response time in hours; vi. City department; vii, City contact name; viii. Date and time of request; Ix. Date and time of work performed; X. Square footage; X!, Surface type; xi]. Pubic or private property; Kill. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: ]. All work order status; Ii. Maps of zones as provided by City; ill. Response time to work orders; iv. Costs by zones; V. Square footage cleaned by zones; vi. Custom graphs and reports to include but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total Square Footage Removed X, Average response time for service calls through Graffiti Hotline /App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and /or referred to other Agencies xi. Maps in Google Earth; The City shall have access to this data following completion of the work order for a period of three years. g. All data collected In the database for this project is the property of the City of Santa Ana. III, MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. This application shall be available on IDS and Android platforms, including, but not limited to Apple ]Phone and Google Android mobile devices. 25H -15 e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon job completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Service Requests at no additional cost to the City. I. App must be available on the App Store and Android marketplace at the cost of the contractor. j. App must be a native IOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and most include 5martphone app names and contact information for a minimum of three (3) municipal customers of similar size that have used contractor's sofhv@re for at least 12 months. IV, DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum eight (b) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing Information, etc. in a real -time environment of graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area or structure to determine size and location on the facility. Contractor is to provide real -time mapping of all graffiti removal via Googie maps or other commonly used mapping. c. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week; fl. Areas covered in the surveillance; ili. Dates and time that surveillance took place; and M Graffiti found and location of the graffiti. V. INVOICING a. Contractor shall invoice the requesting department unless otherwise advised, upon satisfactory receipt of product and/or performance of services. b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. 25H -16 c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain City PO number, invoice number, remit to address and Itemized products and /or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by the Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the sarne Contractor whose name is specified on the PO's. h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. I. Contractor(s) shall provide a spreadsheet with each monthly invoice showing the following; L Showing each location or address serviced; ii. Number of the service request associated with the removal if any; iii. Type of removal; V. Date; V. Notes; vi. Square footage cleaned; and vii. Method of removal. VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to: a. Receive service requests on a twenty -four (24) hour basis via app, fax, or e -mail; b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents utilized in performing the graffiti removal work per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER / SUPPORT STAFF / WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account /contract. The account manager shall receive all orders from the City and shall be the primary contact for all Issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate once specific truck /individual to oversee an inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and /or his /her designee. All Contractor staff shall be a cell phone in order to be contacted by the Project Manager aria /or his /her designated staff. 25H -17 c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee, whether supervisory or non - supervisory. d. Any person assigned to this contract found to be in possession of and /or under the influence of intoxicants or narcotics shall be removed from assignment to his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f, Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues Including but not limited to order and Invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and /or his /her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Specialist informed of requests from departments as required. VII. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) Inches tall, b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. 25H -18 WREr:Bi :9 FEE SCHEDULE (OR) RATES AND CHARGES 25H -19 I�:(:tT3fiitl CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that i have read, understand, and agree to the terms and conditions of this Request. for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work locations. 1 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 a unit 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. COST SHALL BE SUBMITTED ON EXHIBIT B AS IS, NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three -year term of any contract that is a result of this RFP. Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. tF' praA at fee y4li Op.b sed on P�+ci_5t9.Sec6anrs _Ei Q #tt ��itC . PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) rive (5) Trucks $ q Q (i r R `) v Item No, 2: Column C $ U , orj. 0C GRAND TOTAL PRICE Otem No. l s z abovo) City of Santa Ana GRSC Services RFP Page 19 25H -20 Coo erative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of Irrigation. The rates Included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement". j'R2 rCcTrdc' c,A4rOG-j, ,rrJC. 7LN7 E 0 COMPANY 7iy(LOil'A�,jr . #Lci CatNLA -// Lk- dHeh:- 9lz�l,r 4"7 L. 4314 V" -I, "9 Fn� cea"-) , C4 exr.�ser�r GPCLA "CMS 4.CoM 67 )-414 7 THIS FORM MUST" BE QOMELETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City of Santa Ana GRSC Services RFP Page 20 APPLICATIONS FOR PUBLIC WORKS Provide four (4) mobile applications on iPhone and Android platforms, one year of maintenance, security, hosting, customer support, training, and service. $10.000.00 Annually 25H -21 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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, h, With respect to the additional insureds, this insurance shall riot 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 _,,,_. this endorsement form as a part of Policy # _ _ Issued to Named Insured Countersigned by Authorized Representative 25H -22 REQUEST FOR PROPOSALS (RFP) PROVIDING GRAFFITI REMOVAL STREET CLEANING SERVICES • t:t CITY OF SANTA ANA Public Works Agency 220 South Daisy Avenue Santa Ana, CA 02703 Danell Mercado Projects Manager (714)647.3308 Office (714) 647 -3345 Fax dmercad opsanta- ana.org KEY RFP DATES: 19 Issue Date: Wednesdav September 2. 2015 Mandatory Pre - proposal Meeting: Wednesday, September 9 2015 —10:00 a.m. Proposal Due Date: Wednesday September 23 2015 — 4:00 p.m, Presentation /Interviews: Wednesday. September 30. 2015 Projected Award Date: Tuesday October2o 2015 Exhibit 2 25H -23 Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. Responses to the Request for Proposals (RFP) will be accepted until Wednesday, September 23, 2015 at 4:00 PM. If further information is required, contact Danell Mercado at dmercado�a santa-ana.Orct. All notifications, updates, and addenda will be posted on the City's current RFP page at www.santa- ana.orq /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C33 Contractor's license, a C- 61/D38 Contractor License, and a City of Santa Ana Business License prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Public Works Agency, City Yard, Second Floor 220 South Daisy, Building A Santa Ana, CA 92703 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 proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Danell Mercado at dmercadogsanta- ana.orr . The receiving time in the Public Works Agency, 220 South Daisy, Santa Ana, CA 92703, Second Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES -- —� City of San2LoV J3%2rervices RFP (2) CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES TABLE OF CONTENTS PAGE I. INTRODUCTION 3 II. PERIOD OF CONTRACT 3 III. OPTION OF RENEWAL 3 IV. FISCAL NONFUNDING CLAUSE 3 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 3 VI. SCOPE OF WORK /SERVICES 4 VII. GENERAL INFORMATION 4 VIII. COORDINATION 4 IX. PROPOSER RESPONSIBILITIES 5 X. LICENSE REQUIREMENTS 5 XI. PREVAILING WAGE 5 XII. PROPOSERS MINIMUM QUALIFICATIONS 5 XIII. PERFORMANCE REQUIREMENTS 6 XIV. ACCOUNT MANAGER /SUPPORT STAFF 6 XV. INITIATION /KICK OFF MEETING 6 XVI. CITY BUSINESS LICENSE 6 XVII. ADDENDA 6 XVIII. RULES FOR PROPOSALS 7 XIX. MANDATORY PREPROPOSAL MEETING 7 XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XXI. SUBMITTAL INFORMATION AND DEADLINE 7 XXII. SUBMITTAL REQUIREMENTS 7 XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XXIV. REVIEW EVALUATION RESULTS AND AWARD 11 EXHIBIT A — SCOPE OF SERVICES 12 EXHIBIT B — PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS 21 EXHIBIT D — RELEVANT WORK HISTORY 22 EXHIBIT E - SOFTWARE REFERENCES 24 EXHIBIT F — PROPOSER'S STATEMENT 25 EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 26 EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONAIRE 28 EXHIBIT I — NONCOLLUSION AFFIDAVIT 31 EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT 32 EXHIBIT K — SAMPLE AGREEMENT 33 EXHIBIT L — GRAFFITI ORDINANCE NO. NS -2791 40 EXHIBIT M — GRAFFITI ORDINANCE NO. NS2798 52 ATTACHMENT 1 — CONSENT TO ENTER & RELEASE OF LIABILITY 57 ATTACHMENT 2 — CITY MAP 58 City of Santa Ana GRSC Services RFP Page 2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two (2) years. The contract term is anticipated to commence after City Council award of this contract, and upon receipt and approval of all required bonds, and insurance documents. The projected contract award date is October 20, 2015, with contract start date as November 1, 2015, and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement shall have provision for three, one -year renewal options at the discretion of City and City Council approval unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. No price increase will be considered during the contract term or renewal options. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to City of Santa Ana GRSC Services RFP �� Page 3 execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK /SERVICES The scope of work may include any and all work efforts related to GRSC Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials, and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state, local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than November 1, 2015. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer 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, attendance at the mandatory pre - proposal meeting, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents, and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace, and 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). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood, civic groups, local and /or state agency boards, attendance at City Council, Commission, Agency, and Community meetings. ? ®W #Y7 City of Santa Ana GRSC Services RFP Page 4 The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. XI. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, at 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. Since the Services are being performed as 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. City shall provide Contractor with a copy of the prevailing rates per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wage for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http: / /www.dir.ca.gov /. XII. PROPOSER MIINIMUN QUALIFICATIONS A. Proposer shall be in the business of providing Graffiti Removal Services on road related facilities and private properties for a large municipality or a government agency for at least three (3) years; B. Propose shall not have failed to complete a municipal contract within the last 3 years; C. Proposer shall possess all permits, licenses, and credentials required to perform graffiti removal services; and D. Shall have the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. City of Santa Ana GRSC Services RFP 6 28 Page 5 XIII. The successful Contractor(s) shall clearly demonstrate the ability to: A. Receive service requests on a twenty -four (24) hour basis via graffiti hotline, app, fax, or e- mail; B. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; C. Protect surfaces, landscaping, and personal property, adjacent to graffiti removal locations; D. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents, utilized in performing the graffiti removal work per local, state, and Federal regulations; and E. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. XIV. ACCOUNT MANAGER/ SUPPORT STAFF A. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account /contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. B. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered, able to identify, and resolve quickly any issues including but not limited to order and invoicing problems. C. Contractor account manager shall be familiar with City requirements, standards, and work with the PWA staff to ensure that established standards are adhered to. XV. INITIATION / KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XVI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City's projects manager or designee prior to commencing any work in Santa Ana. XVII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals, 0) 6LkZ° City of Santa Ana GRSC Services RFP Page 6 XVII. RULES FOR PROPOSALS The signer of the RFP 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 1). XIX. MANDATORY PREPROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Wednesday, September 9, 2015, at the Public Works Agency- Maintenance Services, City Yard, 220 S. Daisy Avenue M -85, Second Floor, Santa Ana, CA 92703, at 10:00 AM. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc., and will be followed by a question -and- answer session. All questions must be submitted in written form. After the pre - proposal meeting, the City will respond by e -mail to written questions or requests for clarifications. Said e- mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation /field supervisors attend this meeting. It is the Proposer's full responsibility to view and inspect the areas to be maintained in accordance with this specification. XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's RFP and RFP page at http: / /www.santa- ana.ora /bids -rfps. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services, and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects manager (dmercadofa santa- ana.orq) no later than Monday, September 14. 2015 at 5:00 PM. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XXI. SUBMITTAL 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-mail proposals will not be accepted. XXII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive, or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. City of Santa Ana GRSC Services RFP 26 Be Page 7 Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers, and Required Exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience:A profile of the firm's experience, including the names and experience of personnel and sub consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Documentation of the technical ability and experience that is similar in scope to the project. a. A description of previous experience, including graffiti removal services on road related facilities and private property of similar nature and scope. 4. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, October 20, 2015. 5. Statement of past project disqualifications(s) and litigation. 6. Proposed Quality and Cost Control Plan: to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public and private property. b. Effective means to correct problems. C. The means the firm will use for completed the project. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 8. Proposal Deposit (RFP Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit F. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be _0) Clu_11 City of Santa Ana GRSC Services RFP Page 8 payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT B — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS D. EXHIBIT D — RELEVANT WORK HISTORY E. EXHIBIT E - SOTWARE REFERENCES F. EXHIBIT F — PROPOSER'S STATEMENT G. EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR H. EXHIBIT H — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE I. EXHIBIT I — NONCOLLUSION AFFIDAVIT J. EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY K. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. L. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION As a result of this RFP, the City intends to award a contract to the responsible Proposer(s) whose response conforms to the RFP and whose RFP presents the greatest value to the City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the Proposer(s) that proposes the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and /or services being solicited. The evaluation process may include a two -stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of Proposers that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points. The criteria for evaluating the proposals submitted will take the following items into consideration City of Santa Ana GRSC Services RFP e Page 9 A. Overall Proposal /Understanding of the Required Services ....................... 25% Proposals will be evaluated against the RFP specifications and questions below: 1. Has proposer demonstrated a thorough understanding of the purpose and scope of services 2. Has the proposer demonstrated that it understands the deliverables and reports (i.e. monthly /quarterly /annual reports and data) the City expects it to provide B. Relevant Experience ............................................. ............................25% Proposals will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar size contracts 2. Does the vendor have at a minimum three years' experience dealing with municipalities C. Price Proposal ............................................................. ............................15% Price Proposals will be evaluated on the basis of the Grand Total Pricing submitted in Exhibit B. D. Information Management ....................................... ............................25% 1. System Design — A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each of integration with existing Public Works equipment and systems 2. Technical support for software and data management E. Innovative and /or Creative Approaches.... .... I. ... I ......... ............... .......... 10% Ability to providing the services that provide additional efficiencies or increased performance capabilities Oral Interviews In addition to the written proposal, the top tier proposers may be asked to make an oral presentation to the Selection Advisory Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details 2. A description of similar experience the Contractor has in providing the requested services. Exhibits may also be used 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services 4. At least five (5) before and after pictures of various types of graffiti removal done by vendor within the last five calendar years 5. A copy of an invoice sent to a public entity; and 6. Any other area the City finds necessary to address The proposals will be reviewed by the Selection Advisory Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers on Wednesday, September 30, 2015, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate City of Santa Ana GRSC Services RFP Page 10 XXIV. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract. Interested offerors may submit a written request with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency- Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. ^ City of Santa Ana GRSC Services RFP ° I Page 11 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRSC SERVICES SCOPE OF SERVICES INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana; specifically high quality workmanship that leaves no traces of past vandalism. Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and /or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty -four (24) hours. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the site, or any other reason, the Contractor shall notify the Project Manager and /or his /her designee with the status of the site prior to the end of the twenty -four (24) hour timeline. I. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractor(s) shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible from the right -of -way, including, but not limited to: i. ii. iv. V. vi. vii. viii. Public buildings, monuments, and facilities; Street light poles; Traffic signal poles or controller boxes; Concrete structures (i.e. City -owned channel facilities, etc.); Guardrails; Traffic signs; City Parks and Trails. sidewalks, bridges, overpasses, and flood c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right -of -way, including, but not limited to: I. Exterior walls; I. Fences; City of Santa Ana GRSC Services RFP Page 12 iii. Sidewalks; V. Windows; V. Trash receptacles; Vi. Utility boxes and covers; Vii. Signs; Viii. Bus stops and shelters; ix. News racks; X. Doors; and A. Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, rec. buildings); iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); V. Bike Paths; V. Walking Paths; Vi. Bleachers; Vii. Baseball /Softball Diamonds; viii. Trash Receptacles; ix. Rocks; X. Doors; X1. Fences; xii. Windows; xiii. Utility boxes and covers, and AV. Park Trees; The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. e. Unless notified otherwise by the Project Manager and /or his /her designee, graffiti shall be removed so no trace of the pre- existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. g. Abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager or his /her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limited to I. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right -of -way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; V. Leave work site in undamaged condition; Vi. Post signage to identify wet paint; City of Santa Ana GRSC Services RFP Page 13 vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. I. Meet with City Project Manager and /or his /her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of Contractor(s). I. Apply anti - graffiti coatings, as required, by the Project Manager and /or his /her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full -time daily proactive surveillance at Contractor's expense. p. Working Hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday and 12 noon on Sundays within 24 hours. City Holidays observed; New Year's Day, Martin Luther King, Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day The Project Manager and /or his /her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two -hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real -time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. City of Santa Ana GRSC Services RFP Page 14 b. Work orders shall include: i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; V. Date and time of removal performed; V. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; X. Date and time of work performed; X. Square footage; A. Surface type; xii. Public or private property; All. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status; ii. Maps of zones as provided by City; iii. Response time to work orders; iv. Costs by zones; V. Square footage cleaned by zones; vi. Custom graphs and reports to include but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total Square Footage Removed X. Average response time for service calls through Graffiti Hotline /App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and /or referred to other Agencies A. Maps in Google Earth; f. The City shall have access to this data following completion of the work order for a period of three years. g. All data collected in the database for this project is the property of the City of Santa Ana. III. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. City of Santa Ana GRSC Services RFP 26 � � N Page 15 d. This application shall be available on CS and Android platforms, including, but not limited to Apple (Phone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon job completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Service Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the contractor. j. App must be a native IOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimum of three (3) municipal customers of similar size that have used contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real -time environment of graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area or structure to determine size and location on the facility. Contractor is to provide real -time mapping of all graffiti removal via Google maps or other commonly used mapping. c. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week; ii. Areas covered in the surveillance; iii. Dates and time that surveillance took place; and iv. Graffiti found and location of the graffiti. V. INVOICING a. Contractor shall invoice the requesting department unless otherwise advised, upon satisfactory receipt of product and /or performance of services. ZCLJ=3° City of Santa Ana GRSC Services RFP Page 16 b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain City PO number, invoice number, remit to address and itemized products and /or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by the Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. i. Contractor(s) shall provide a spreadsheet with each monthly invoice showing the following; i. Showing each location or address serviced; ii. Number of the service request associated with the removal if any; ii. Type of removal; iv. Date; V. Notes; vi. Square footage cleaned; and vii. Method of removal. VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to: a. Receive service requests on a twenty -four (24) hour basis via app, fax, or e-mail; b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents utilized in performing the graffiti removal work per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER / SUPPORT STAFF / WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account /contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate once specific truck /individual to oversee an inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately nr City of Santa Ana GRSC Services RFP Page 17 available during work activities to receive communications from the Project Manager and /or his /her designee. All Contractor staff shall be a cell phone in order to be contacted by the Project Manager ana /or his /her designated staff. c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee, whether supervisory or non - supervisory. d. Any person assigned to this contract found to be in possession of and /or under the influence of intoxicants or narcotics shall be removed from assignment to his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and /or his /her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Specialist informed of requests from departments as required. VII. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. 7GLJ A O1 City of Santa Ana GRSC Services RFP Page 18 Item No. Vii:] CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I 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 a unit 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. COST SHALL BE SUBMITTED ON EXHIBIT B AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three -year term of any contract that is a result of this RFP. Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. RFP proposal fee will be based on Pricing Section GRAND TOTAL PRICE. - STREET CLEANING Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be Monthly able to perform both painting and media Weekday for 1 B times (x) 12 months Daily cost per Truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday Daily 2 service. Service Truck must be able to Holiday for Weekend service B times (x) 113 days and d perform both painting and media blasting. truck $ $ PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks Item No. 2: Column C GRAND TOTAL PRICE (Item No. 1 & 2 above) = $ I Ar �w City of Santa Ana GRSC Services RFP F �_ Page 19 GRAFFITI REMOVAL — CITY PARKS t „` Item 0, TAL No. Description Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly B times (x) 12 months page 13 of RFP) Service truck must be able to weekday for 1 1 perform both painting and media blasting. service truck $ $ Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement'. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 4 City of Santa Ana GRSC Services RFP Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Qualifications (Circle YES or NO) Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years; YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years; YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services; and YES NO Vendor has the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. YES NO Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ..�i i 11 City of Santa Ana GRSC Services RFP Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: 01�'1 U AC City of Santa Ana GRSC Services RFP Page 22 Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP �� Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 24 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish the City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays, and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Signed: Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 25 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless I=LJ AQ City of Santa Ana GRSC Services RFP Page 26 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 27 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 01CV Ed City of Santa Ana GRSC Services RFP Page 28 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last 28! 11 City of Santa Ana GRSC Services RFP 28 !11,52 Page 29 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or 'repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California, County Subscribed and sworn to (or affirmed) before me on this day of 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25 !M111111 Page 31 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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. 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 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 as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY this endorsement form 26W 66 City of Santa Ana GRSC Services RFP Page 32 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (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 1. The City desires to retain a Contractor having special skill and knowledge in the field of Graffiti Removal Street Cleaning Services. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Graffiti Removal - Street Cleaning Services. 3. 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 Tree Maintenance firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: DEFINITIONS (if any) TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to 2 (two) additional 2 (two) - year periods on the terms and conditions set forth herein. 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 r on ■ 9 .. 2City of Santa Ana GRSC Services RFP Page 33 C. COMPENSATION 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 amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 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 GRSC Services RFP IT Page 34 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 therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. 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 One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. City of Santa Ana GRSC Services RFP Page 35 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. 6. 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. 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 related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e -mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 01 CU Eel City of Santa Ana GRSC Services RFP Page 36 With courtesy copy to: Public Works Agency — Maintenance Services Division Danell Mercado, Projects Manager 220 S Daisy Santa Ana, CA 92703 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 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 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. City of Santa Ana GRSC Services RFP Page 37 CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide 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 $XXX_er hour / per occurrence (see narrative) for such breach, 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. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. M. 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. !) C-U G 4 City of Santa Ana GRSC Services RFP Page 38 N. 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. O. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. P. MISCELLANEOUS PROVISIONS 1. 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. 2. 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: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: RECOMMENDED FOR APPROVAL: DAVID CAVAZOS City Manager CONTRACTOR Fred Mousavipour Executive Director Public Works Agency Tax ID# City of Santa Ana GRSC Services RFP `" ' `" Page 39 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2791 ORDINANCE NO. NS -2791 AN ORDINANCE OF THE CITY COUNCIL OF THE CIfYOF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION Or- GRAFFITI. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Segtt. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. "rho Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life. Incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding %W properties. B. The Council further finds and determines that the Impacts of graffiti are far beyond the oast of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from Intimidation citizen's desire within their neighborhoods. C. Tho City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from sots of graffiti vandalism and defacement, to prevent the spread of graffiti vandalism, protect public safety, to establish a program for the expeditious removal of graffiti from structures an public and private property, and to permit recoupment of enforcement and abatement costs In the taxpayers of the City. D. The City Council is authorized to enact this Ordinance pursuant to Its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, at seq. of the California Civil Code and Sections 88772, at seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing Ordinance No. NS•2799 .. _.._ -- PP961 of 18 City of Santa Ana GRSC Services RFP Page 40 provisions of the Code is not intended, not shall it be interpreted, as constituting a now action or decision of the City Council, but rather .i such provisions are repeated for tracking purposes only in conformance with the Charter. Sectio�t 22. In accordance with the California Environmental Quality ALL, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ('CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there Is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing leas is not required in conjunction with this project. Se,, fg}qp 2. Sections 10-177 and 10-178 of Article tl of Chapter 10 of the Santa Ana Municipal Code relate to controlling sate and access by iminor to pressurized paint cans and other graffiti implements, Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. in the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated In one Article of the Cade. Therefore, Article IV of Chapter 10 of the Santa Ana Munioipal Coda shah hereafter be designated as "Graffiti Regulations ". D—eALQn 4. Section 17.70 of the Santa Ana Municipal Code Is hereby re- designated as Section 10.221 and amended such that it reads as follows Sec. 10.221. Definitions. For the purposes of this chapter, the following words and terns shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etchad, scratched, drawn, painted, labeled, pasted, applied or affrxed, on any surface of public or private real or personal property, including, but not limited to, buildings, wells, windows, signs, structures, pieces or other surfaces regardless of the nature of the material of which the surface is composed, (b) Graffiti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, Including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks. etching tools, adhesive stickers, spray actuators, marring pens, drill bits, grinding stones or any other similar implement. Ordinance No. Na -2791 Page 2 of 13 ��11 11 6i I City of Santa Ana GRSC Services RFP Page 41 y, (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property. (d) Foittip nlarkormeans any broad - tipped marker pen with a tip which, at its broadest width, Is greater than one- shtteenth (1116) of an one inch or any other similar implement containing an Ink that is not water soluble. (a) Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surfaces by pressure and that, upon application, leaves a visible mark on the surface at least one-sixteenth (1116) of an Inch In width or is not water soluble. (fj Adhosilve Stinkers means any sheaf of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, whichr when applied or affixed to any surface either creates a permanent contact or is not easily removable without the use of solvents, (g) Property means personal or real property. (h) Etching too/ means any sharp or pointed Instrument, that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including„ but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or sold etching solution. (1) Expense of Abatement, Abatement Expenses, Cola of the Abatement and/or Abatement and related administrative costs Include, but are not limited to, court costs, attorneys fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced property, and the law enforcement costs incurred by the City and/or any other public agency as authorized pursuant to Government Code Section 33772(d)(1). (j) Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3) and any violation of this Article. (k) Spray actuator (also known as a spray tip, nozzle, or button) means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. Ordnance No. NS -2751 Page 3 of 13 O)CU G City of Santa Ana GRSC Services RFP Page 42 Section 5. Sections 10.177, 10 -178 and 1Q -176.3 of the Santa Ana Municii is are hereby re- designated as Sections 10 -222, 10 -223 and 10.223.1, +✓ respectively, and amended such that they reads as follows: See, 10 -222. Sate and Possession (a) Salo of Graffiff lmp /srnents to Mirrors. It shall be unlawful for any person, other than a parent or legal guardian. to sell exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given. leaned, or otherwise furnished, any aerosol paint container, broad - tipped marker, gum/pastelself- adhesive label or sticker, etchings cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents or guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) possession In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by the City of Santa Ana, or white in or within bfty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City. This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an Individual, agency or company under contract with the City of Santa Ana. .✓ (c) Possession by fvfinors of or Near School facilities. It shalt be unlawful for any person under the age of eighteen (16) years to possess any graffiti implement while on school property, grounds, facilities, buildings, structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of broad- tipped markers by a minor attending or traveling to or from a school at which the minor is amolied if the minor is participating is a class at the school that formally requires the possession of broad-tfpped markers. The burden of proof in any prosecution for violation of the Section shall be upon the minor student to establish the need to possess a broad - tipped marker. Saa, 10 -223. Public access; Signage» (a) Paints and Marirars. Every person who owns, conducts. operates or manages or retail oornmercfal establishment selling aerosol containers, paint stacks, glass etching solution, or broad- tipped markers shall store these Rams in an area continuously observable, through direct visual observation or surveillance Ordinance No PIS -2761 Page 4 of 13 ward 1 City of Santa Ana GRSC Services RFP Page 43 equipment, by employees of the retell establishment during the regular course of business. In the event that a commercial retail establishment Is unable to store the aerosol paint containers, paint sticks, glass etching solution, or broad-lipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers In an area not accessible to the public without employee assistance. (b) Etching Tools. Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, shall store or cause such items to be storad in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such Items. (c) Customer Signage. Every retail commercial establishment selling graffiti implements shall post a sign in clear public view at or near display of such products stating: "Purstrant to Penal Code Section 594.1, place a sign in clear public view at or near the display of such products stating: "Graffiti Is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 6 months and/or a fine up to $1004" (d) Additional Signage. Every retail commercial establishment selling vw graffiti implements shall place a sign in the direct view of such persons responsible for accepting customer payment for graffiti Implements stating; Selling spray paint, paint sticks, or broad- lipped markers to persons less than eighteen (18) years of age is against the law and punishable by a fine of $1440". 3Aw Sec. 2 =223.1, Graffiti Prohibited'. (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any public or private -owned property or, without permission of the owner or occupant. (b) Directing, Aiding and Abetting. It shall be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. je ti Sections 10 -224 through 10 -225 are added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Sec. 10.224. Penalties and other Remedies. ordinance No. NS -2791 ... .. Page a of 13 Feu c07 ts� City of Santa Ana GRSC Services RFP Page 44 Any person violating this Ordinance shelf be guilty of a misdemeanor as defined in this Code. 'N` Sao, 10 -224.1 Parental Liability (a) In the case of a minor, the parents or legal guardian shall liable with the minor for payment of all fines. (b) Failure of the parents or legal guardian to make payment will result in the imposition of an abatement assessment against the parents' or legal guardian's property that includes the fine and administrative costs. (c) Upon and application and finding of indigence, the court may decline to order fines against the minor, parents or guardian. Seo. 10 -224.3 Restitution In addition to any punishment specified in the court shall order any violator to make restitution to the victim for damages or Was caused directly or indirectly by the violators offense in the amount or manner determined by lime court. In'tho case of a minor, the parents or legal guardian shall be ordered with the minor to make restitution. In Sec. 16 -224.3 Forfeiture All personal property, including, but not limited to, automobiles, motorcycles, scooters, bicycles or skateboards, rased or intended to be used in violating this Ordinance shall be forfeitable to the City. In forfeiting such personal property, the City shall follow procedures outlined in this Code concerning forfeitures of personal property, In any forfeiture proceeding initiated under this Section, the court shall not order forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by t(ie United States Constitution. Sec, 10-224.4 Community Service I n lieu of, as part of, or in addition to the penalties specified in this section, a mirror or adult shall be required to perform community service as described by the court based on the following minimum requirements: ..r' Ordinance No. NS-2-191 Page E of 13 isrni�ii City of Santa Ana GRSC Services RFP -1 v u — Page 45 (a) The minor or adult shall perform not less than forty (40) hours of community service for the first offense, not less than eighty (80) for the second, and not less than one hundred twenty (120) for a third or subsequent offense. (b) At least one parent or guardian of the minor shall be In attendance a minimum of F ty percent (50 %) of the assigned community service. (c) The period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police.. (d) Reasonable effort shall be made to .assign the minor or adult to a type of community service that Is reasonably expected to have the most rehabilitative effect on the minor or adult, Including community service that Involves graffiti removal. (a) Any minor determined to be a ward of the court under State Law as a result of commuting an offense in the City shall he required, at the City's option; to perform community service, including graffiti removal': service of not less than forty (40) hours nor more than eighty (80) hours. �r. See. 10 -225. 'trust Fund. The City Council hereby creates, the City of Santa Ana Anti- Graffitl "crust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with assessments and judgments collected pursuant to this .Article, as well as any monetary donations received from individuals or from the business community wishing to contribute to the fund. The Council shall direct the expenditures of monies In the fund. Such expenditures shall be restricted to the payment of the cost of graffiti removal, the payment of rewards pursuant to Section 141.226 of this Article and such other public purposes as may be approved by the Counci person who places graffiti on any public or private property in such amounts approved by the City Councii, to the event of multiple contributors of information, the reward amount shall be divided by the city in a manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service prograrn, or a plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed with the City in a manner specified by City Councit. (c) The person` convicted of committing the graffiti offense shalt be liable for any rewards paid pursuant to this section and, if that person is an unamancipated minor, the custodial parent of said minor shall be liable for any rewards pair) pursuant to this section, In the event of damage to public or private property, the offender or the parents or legal guardian of any unemancipated minor must reimburse the City for any reward paid. (d) No law enforcement officer, municipal officer, official or employee of the City shall be eligible for a reward made pursuant to this section. (e) No claim for a reward shall be allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. w Sac, 10-227. Graffitl as a Nuisance; City Abatement, (a) The existence of graffiti within the city limits of Santa Ana constitutes a public and private nuisance and may be abated according to the provisions and procedures conlained in this Article, (b) Removal by the Perpretrator. Any person applying graffiti on public or private properly shall have the duty to remove the graffiti within twenty -four (24) hours after notice by the City or private owner of the property involved, Such removal shall be done in a manner prescribed by the Executive Director of Public Works or other designated City official, Failure of any person to remove graffiti shall constitute an additional violation of this Ordinance, Where graffiti is applied by a minor, the parents or legal guardian having custody and control of the minor shall also be responsible for such removal. (a) Removal by City. Whenever the City becomes aware of or is notified and detennlnes that graffiti is located on publicly or privately owned property capable of being viewed from any public right -of -way or from a public or quasi - public place, the City is authorized to use public funds to remove the graffiti, by painting, repairing, water blasting, or other graffiti removal technique, to that 0 Ordinance No. NS =27gt Page 8 o 13. . - _ City of Santa Ana GRSC Services RFP Tom— Page 47 degree reasonably necessary to restore the defaced area and to avoid an aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property, Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. if the property owner or responsible party falls to remove the offending graffiti within the time specified by this Ordinance, at if the City has requested consent to remove or plaint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified In Section 10 -228, below. (a) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property In a manner described in subsection (a), above, pursuant to the provisions of this AdIde, renal Code Section 594, Civil Code Sections 731 and 1794.1 and Government Code Sections 38771, at seq. yectlon 8. Section 10 -228 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows: v" Sec,10.228, Abatement by Property (Owner, 0 lay Property Owner Responsibility. Any person who is the owner or who has primary responsibility for control of private property or for repair or maintenance of private property In the City must abate graffiti as set forth below. (b) Fadfure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth In Chapter 17, Sections 17 -1 through 1743 of the Santa Ana Municipal Code. (c) Exceptions to the Removal Requirement, The removal requirements Identified in this section shalt not apply it the property owner or responsible party can demonstrate that the ,property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, In such case it shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Ordinance No NS -27$1 Pap, 9of 18 ZH -M'1 City of Santa Ana GRSC Services RFP Page 48 Section 9. Sections 10 -229 through 10-233 are added to Chapter 10 of the vo Santa Ana Municipal Code to read in full as follows: Sec. 10 -229. Minor and Parental Financial Responsibility for Graffiti Violations of Law. (a) Pursuant to Government Code Sections 38772, 38773.2, and 35773.6, the City Council hereby makes the expense of abatement of graffiti violations of law committed by minor a personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardians) having custody and control of the minor (who shall be jointly and severally liable with the minor), and an assessment against the property of the minor or an assessment against the property of the parent(s) or legal guardians) having custody and control of the minor. (b) Pursuant to Government Code Section 38772(c), the County Probation Officer shalt report the names and addresses of parent($) or legal guardiants) having custody and control of the minor responsible for a violation of this Chapter to the Clerk of the Council, (c) Pursuant to Government Code Section 35773.7, upon a second or subsequent civil or criminal judgment within a 'two-year period, the City may find that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) .r having custody and control of the minor Is responsible for the graffiti and request the court to impose treble damages. (d) Parental Liabllfty, Pursuant Civil Code Section 1714.1, any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all aftornay "s fees, court costs, and civil penalties incurred in connection with #ha civil prosecution of any claim for damages or reimbursement up to twenty -five thousand dollars ($26,000). Sac, 10.230. [Defendant Liability for Cost of Graffiti Abatement. (a) Defendant's liability for cost of graffiti abatement. When the di$positfon of a criminal case or a proceeding pursuant to Waste and Institutions Code Section 602 determines that the defendant in that case is responsible for creating. causing or committing the graffiti which was abated by the City, that some defendant shall be liable for all costs Incurred by the City. These costs shall include, but are not limited lo, court costs, attorney's fees, costs of removal of the ,may Ordinance No N9.9791 261 1 72 1 City of Santa Ana GRSC Services RFP Page 49 graffiti or other inscribed material, coats of repair and replacement of defaced 1%W property, and the law enforcement costs incurred by the City in the identification and apprehension of the defendant responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Government Code Sections 3B772- 38773.6, and 53469.3, (b) Adult Defendant Presumption. The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contandere to any violation of Penal Code Sections 504, 5943, 640.5, 640.6, or 644.7. (c) Juvenile Offender Presumption. in the case of a minor defendant, responsibility shall be determined upon a conviction by final judgment or by the minor being made a ward of the Juvenile Court pursuant to Wagers and Mirtautions Code Section 642 by reason of the commission of any act prohibited under Penal Code Sections 694, 590, 644.5, 644,6, or 644:7. (d) Adult Civil Actions, The City may bring a civil action in the Superior Court to obtain a money judgment against a defendant for any amount not ordered or collected by the criminal court, including, but not limited to, all attorney's tees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement ,%W (a) Juvenile Civil Actions. The City may bring a civil action In the Superior Court to obtain a money judgment against a juvenile offender andlor his or her parent(s) or guardians) having custody and control of the juvenile offender for any amount not orderers or collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred In connection with the civil prosecution of any claim for damages or reimbursement. See. 14.231. Reserved Sec, 10.232, Assessment, Procedures. Pursuant to Government Code Section 36773.6 the City may recover its costs to abate any graffiti through assessment procedures set forth in Sections 17, 44 through 17 -43 of the Santa Ana Municipal Code, Section 14 *233, Remedies Not Excluslvo. 0 Onllnanoe No. NS -2791 _. _.... ..Peps 11 of 13 2 &W-7T Me City of Santa Ana GRSC Services RFP Page 50 Remedies provided for the enforcement of this Article are in addition to and ..s do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive. Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be Invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby dectares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or snore sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED thisi7___I,it day ofAt"iy 2009 r- uel A. Pulido 0 .EDA -a TO FORM: Mayor IN AYES: Councilmembers: Alvgrez Sustamanta. Madinea, Pulido 441 NOES: Councilmembers: NgppAQJ ABSTAIN: Councilmembers: Nona d0) NOT PRESENT: Councilmembers: Benayides...Sarmiento Tinaiero d31__ CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Nuizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. N-&-_27 A to be the original ordinance adopted by the City Council of the City of Santa Ana on 69gtast 17,-2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Aria - 44f Ordir nce No. NS -2701 Page 12 of 13 City of Santa Ana GRSC Services RFP 2 d a 1 74 Page 51 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2798 ORDINANCE NO. NS -2798 - - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTAANA MUNICPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS; Section l. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, wails, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic lasses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only Is graffiti a property crime, but a social crime on the quality or life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. In addition, this Ordinance adopts recommendations for the abatement of graffiti placed on above ground utility fixtures, including additional tools to require standardized colors for above ground fixtures, application of anti-graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections '1714, at seq. of the California Civil Code and Sections 38772, at seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Suction 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be Interpreted, as constituting a new action or decision of the City Council, but rather such provisions are 0 repeated for tracking purposes only in conformance with the Charter Ordinance No NS -2798 Page t of a City of Santa Ana GRSC Services RFP Page 62 H. The permittee's removal of any graffiti within 48 hours, excluding - - - weekends or holidays, after notification; Iii. The City's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within 48 hours, excluding weekends or holidays, after notification; or iv, The permittxe's providing the City with sufficient matching paint and/or anti- grafflli material on demand for use in the painting of the encroaching object containing graffiti. Section 4, Section 41.638.2 of the Santa Ana Municipal Code Is hereby amended to read as follows: Sec. 41. 638.2. Standards for graffiti abatement (a) Condition "tentative Maps. In approving tentative or parcel maps, conditional use permits, varlanoes, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement: L Use of anti -gisi ift material. Developer shall apply an anti - graffiti material of a type and nature that Is acceptable to the Executive Director of Planning and Building or designee, to the publicly- viewable surfaces on the improvements to be constructed at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti; ii. Right of access to remove graffiti. Developer shall grant, prior to resale of any or the parcels that are within the territory of the map, the righbof enhy over and access to such parcels, upon forty-eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over' graffiti; iii. Supply City with Graffiti-Rein Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and /or anti - graffiti material on demand for use in the painting over or removal of graffiti; or IV. Owner to immediately removo grafdfl. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale i of any of the parcels, covenant in a form satisfactory to the city (hat i Ordinance No N5 -2790 Page 3 of n City of Santa Ana GRSC Services RFP Page 53 F. On August 17, 2009, the City Council adopted Ordinance No, NS -2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works Issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. H. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Tire XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse affect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. $@goon 33. Section 33.32.20 is added to Chapter 33 of the Santa Ana Municipal Code to>n full as follows: _ Sec, 33. 72.20. Standards for graffiti abatement. (a) Common Wilily Colors and paint -Typo. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. " (b) CondlHon Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: i. The permittee's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works; Ordinance No. NS -2798 Page 2 of a Cmm7 City of Santa Ana GRSC Services RFP Page 54 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: I, Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti R. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Fit Existing Graffiti- Attracting Surfaces: Non- Residentlat Structures. The following provisions may be incorporated in a graffiti eradication order Issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer, At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not Impose a cost on the properly owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non- residonttal purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times In a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No, NS -2788 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 55 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of PotenOal Graffiti - Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building at designee, have designed any building structures visible from any public or quest- public place Is such a manner to consider prevention of graffiti, including, but not limited to the following: 1, Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti If. Use of additional lighting as a means of deterrence lit. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous wails or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Pt Existing Graffiti - Attracting Surfaces: Non•Realdon lai Structures. The following provisions may be Incorporated in a graffiti eradication order Issued pursuant to Article VII of Chapter V of this Code, at the discretion of the City and /or hearing officer. Al Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (6) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non-residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No, NS•2798 Page 4 of a 0111Ciu m7n City of Santa Ana GRSC Services RFP Page 56 jo�b ADM ariirkiit5VVVIZF iR]T1 YIItN 14{ Address: Business Rance: Attachment 1 Ante Graffiti Program Public Works Agency Maintenance Division 220 S'outhDai:y Avemm Santa Ana, California 92702 Teleplraae: (714),547-3339 Fix: (714) 647.7345 CONSENT TO ENTER & RELEASE OF LIABILITY TO THE 4LM OF SAY TA ANA. 7sD THE 6itd.FEM REMOVAL C0NfPA.l y ; Effective date of audwrization: Front . s�i�rr i `tt �, A ��s. Santa Ann. CA Authorization is effective froIn the dare Conielft Ip Enter is signed enrol permission is denied by written notification. ❑ The City of Santa {lira may use any ofits five specific colors of paint for tie removal of the gmffili. The unders:gned owner of the property, or agent representing the property owner at the address noted above, hereby conseists to earn, upon said property bypersomiel and egnfpsnen of the City of Smita Ana or its Contractor as is necessary to remove, reduce, m obliterate the writing of graffiti on the: Pleasecheck: ❑ Building ❑ Felice 11 Wall ❑ Olher improvement by using vapor atemn, uaterlriastnag, panzting. muse of solvems. l understand tint the cleaning may be in blocks or strips where the lettering appears mad that fire cleaned m processed area pray not "hitch precisely the original saMace'but every effort will be made to hatch colors to the rennahader of the above improvements, that die cleaning will not include the entire =face, but only block, patches or snaps thereof, and fire Contractor and fhe City assume no reslmusibitity if colors do not precisely match; and that Conte residue of the existing graffhi etay renlain. I request and authorize the City of Santa Alta or its Contractor to enter and use said eguipnvnrt and nlatertals with my frill knowlcdge of the above information. F Hereby release tie City of Santa Ana and its Contractor. its officers, agents mad employees, of and from anylall claims, demands, causes of action or obligations whatsoever nismg out of or reta.ting to entry on my property, and incidemat damage to shmhbs and plains, tae cleaning operations hereirmbove described, and iYmal appearance of said improvements. Print Name. signature: Telephone: Title: ❑ Owner ❑ Agent ❑ Manager Date Signed: Return signed form to: Public Works Agency— Maintenance MUM Attn: Graffiti Abatement Carew Supersisor 224 South Daisy, Balding A Santa Ana, CA 92702 Art i _ -- City of Santa Ana GRSC Services RFP Be �� Page 57 Attachment 2 N T 6,p O's to Miles O) C u e,0. City of Santa Ana GRSC Services RFP Page 58 25H -82 September 23, 2015 Mr. Danell Mercado City of Santa Ana, 220 S. Daisy Avenue Santa Ana, CA 92703 Cover .Letter Dear Ms. Mercado, City of Santa Ana Graffiti Abatement RFP number 15 -080 is submitted by Graffiti Protective Coatings, Inc. (GPC), a California corporation organized in 1991. The contacts for this project are: Carla Lenhoff, President or Barry Steinhart, General Manager (323)464 -4472/ (877)297 -8119 fax 419 N. Larchmont Blvd. # 264 1428 -B Ritchey St. Los Angeles California 90004 Santa Ana, California 92705 Graffiti Protective Coatings, Inc. is in good standing in the State of Califoriva and has all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of its obligations in connection with this RFP. GPC has thoroughly reviewed the request for proposal for City of Santa Ana Graffiti Abatement RFP 15 -080 and accepts all conditions and requirements contained in this RFP. GPC has received both addendums, # 1 and #2. GPC is one of the world's largest and most experienced graffiti removal companies. GPC has demonstrated over the past 24 years that it provides its customers exceptional service and value. GPC has established itself as a true leader in the field of graffiti abatement. GPC's services will benefit the City of Santa Ana (City) in the following areas: ]Experience GPC has been successfully providing graffiti abatement services to agencies as large as Santa Ana City or larger. GPC understands the financial, management, and staff requirements to make this project successful. GPC has successfully provided graffiti abatement services to Santa Ana for the past ten years. Equipment GPC currently possesses all the equipment needed for this project. The equipment is customized and designed specifically for graffiti abatement methods and techniques as called for in this RFP. A483 Staff GPC staff is well qualified and experienced in graffiti removal. Staff understands the expectations of their contracts and will seek to not only meet but also exceed those expectations. All staff goes through a one year, 100 point training process. Techniques GPC has created and mastered the methods and techniques of professional graffiti removal. GPC defines professional graffiti abatement as removal that leaves no traces of past vandalism. All of GPO's methods and techniques are based upon eco- friendly principles. Documentation GPC understands the City's documentation requirements for this contract. GPC is offering its App -Order web based work order system and mobile component to the City so that it can monitor, input, and retrieve work orders with photos over the web in real -time. GPC provides the City free upgrades and support to the software system and allows the City complete control and access of all its data related to this project. Communication GPC is available to the City staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff. Consistency GPC provides reliable competent service on every work order that it completes. GPC has been providing the highest quality service and workmanship to the City for the entirety of GPO's relationship with the City over the past ten years, Strong Local Presence GPC has an office in Santa Ana and purchases the majority of its supplies from Santa Ana businesses. CPC's strong local presence insures the City that there will always be enough local staff and equipment to immediately service the City's needs. There is no better indicator of future behind its 24 -year overall history, exceptional service and wo mImship Approved by: success than past performance, and GPC stands and 10 -year history in the City, of providing in the field of graffiti abatement. 25H -84 Description of Proposed Services Company Information Graffiti Protective Coatings, Inc. (GPC), a California corporation, is a graffiti abatement company created in 1991. The founders of GPC, who were students at University of Southern California, had researched and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company's first significant client. After just one year GPC had saved the University over $100,000 (50% cost reduction), dramatically improved the appearance of the campus, and gained credibility for the start -up company. GPC's contract with the University is still in place after 24 years and has been expanded many times. The company centered on a fonnuda of constant research and development in techniques, equipment, and products as well as a highly skilled well paid labor force of problem solving, ever improving, and self-motivated individuals. GPC has stayed true to its business plan. Its products, equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and professionalism continue to grow. GPC and its related companies have over 1,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti amivally in four states. Required California State Contractor's License muriber is 672447. GPO's equipment set -up is designed exclusively for graffiti abatement. CPC's proprietary methods and products are vastly superior to all industry standards. Field staff is trained thoroughly in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user - friendly data compilation for the customers. Management understands communication, priorities, follow through, and the importance of exceeding the customer's expectations. GPC has extensive dealings with large government agencies and understands processes, procedures, work volume, documentation, and invoicing requirements associated with these customers. GPC can handle graffiti contracts of all sizes. GPC has three types of clients for graffiti abatement. These include municipalities, govermment agencies, and private customers. GPC can remove graffiti from any surface leaving no trace of graffiti, and our skilled and efficient personnel can perform these tasks at an extremely fast speed. GPC standards include 24 hour 7 day a week availability, 98% minimum color match quality, I hour or less response to emergency service requests, proactive zero - tolerance patrols, and always exceeding the specifications of the scope of work. GPC is available to City of Santa Ana (City) staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff and City Project Manager (CPM). 25H -85 Santa Ana Results GPC has been providing graffiti removal services for the City of Santa Ana for the past ten years. The contract started as graffiti removal from only painted surfaces on weekends and Holidays. Within the first couple of weeks of services, The City realized the tremendous upgrade GPC provided from their previous weekend contractor. The City increased GPC's workload to include requests for graffiti removal from unpainted surfaces such as block walls and sidewalks. In addition, on weekdays, GPC on several occasions assisted City staff on high profile or difficult unpainted surfaces where GPO's advanced techniques could be utilized to the City's advantage. CPC's weekend Santa Ana staff led by Barry Steinhart and Rafael Serratos had a strong desire to exceed they City's expectations. Their efforts of not only clearing the Hotline but also patrolling the main streets lead to an extremely high volume of work completed. City staff took notice of the success GPC was having throughout the City. In 2008, after seeing GPCs ability to color match properties, the City asked GPC to provide a truck to restore painted buildings along major thoroughfares. This truck greatly improved the appearance of the City and was a huge success. In 2010, the City contracted with GPC to expand services year round for services that included upper level locations and color matching throughout the City. In addition, the City upgraded their graffiti information management systems by utilizing CPC's state of the art software system. Expectations were very high for the new service model. The City contracted for five trucks, however this level of manpower was based upon the City being in "maintenance" mode. GPC, at its own cost, increased the number of service trucks in the City so that GPC could go from "restoration" mode to "maintenance" mode. GPC's crews consistently cleaned greater than 10,000 sites per month, not only cleaning new graffiti but also handling deferred maintenance issues. GPC consistently provides additional service trucks on its own and at no additional charge to meet the City's needs during periods of high vandal activity. During the past 5 years, GPC has hosted many community events in the City aimed at educating the public about graffiti abatement, getting youth to participate in cleaning their community in a fun and positive manner, and working to form a partnership with residents in order to help make Santa Ana a graffiti free community. GPC proudly stands behind its exceptional ten years of service in the City of Santa Ana. 25H -86 Method of Operation Overview The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Santa Ana to control this problem. Graffiti Protective Coatings, Inc, specializes in these services with its "Zero-Tolerance Program ". Under GPC's proven program each technician is frilly equipped and trained to remove all graffiti. GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: public buildings, monuments, public facilities, street light poles, traffic signal poles, control boxes, concrete structures, guard rails, parks, trails, and traffic signs. Private property includes exterior walls, fences, sidewalks, windows, trash receptacles, utility boxes, signs, bus stops, news racks, doors, and flag poles. Parks includes restrooms, facilities exteriors, paths, bleachers, baseball diamonds, trash receptacles, rocks, doors, fences, windows, utility boxes, and tress. Schedule of work (days, times, etc.) GPC is planning a schedule of five trucks five days per week for a minimum of 5 full -time trucks assigned to the City of Santa Ana. A sixth truck will be assigned exclusively to parks if funding is included in the new contract. Additionally, GPC will assign a minimum of one truck for 8 hours a day on weekends and L-lolidays. GPC will perform a minimum of 200 hours of surveillance per week. GPC has a proven history in the City that it will provide additional vehicles at no additional cost as needed when needed. Identification of Work GPC will be responding to City staff requests, app requests, hotline calls, and proactive patrols of areas assigned by City staff: GPC will meet with City staff as directed to discuss work orders, schedules, and areas to be maintained. Assignment of Work GPC prefers to put technicians in their own exclusive and specific City /zone. Therefore, GPC will continue its current work plan of assigning a specific tech in five geographic zones within the City. The techs are trained to assist each other outside of their zones when spikes in service levels require their assistance. Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, "hot spots ", and color matches creating better consistency; and the technicians are more accountable for the appearance of their City /zone creating higher quality. GPC will provide the City its App -Order web based work order software and a smartphone app to City staff for instant and easy communication. Besides reporting graffiti using the app and web based software, City staff can submit service requests by fax, phone, and email. All requests will receive 24 -hour turnaround. 25H -87 GPC will perform the following: patrol and clean all commercial streets and complete all work order requests with 24- hours. In addition upon the City's request GPC will clean alleys, walkways, main neighborhood streets, and any additional service requests from the City. During the patrols GPC will remove all graffiti. Each site cleaned will be photographed and documented using App - Order. Waivers will be obtained as directed from the City. GPO's Santa Ana lead service technician, upon request, will check in with City staff at a specified time to review service requests and overall operations. City staff can enter requests directly into the App -Order work order system where they will be routed real -time to appropriate technician via the technician's location. City staff can monitor and manage work orders via the web or on the provided manager's smartphone app. GPC custom color matches all buildings to 98% or better. GPC will maintain the formulas as well as the inventory of labeled locations. GPC currently has the exact color formula to virtually every building in the City. Therefore, our touch -ups will always be 100% accurate. Our custom . matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professionally apply only high quality finishes. GPC contracts to have old and unused paint picked up and recycled. Additional Work and Emergencies GPC knows from experience with the City that it will receive special event requests and emergency calls. GPC performs these services at no additional surcharge. Volunteering in the Community GPC will continue to volunteer and sponsor events such as clean -up and graffiti awareness events. GPC takes an active role helping the communities in which it works. GPC staff recently received the FBI's Outstanding Community Service Award. Response Time GPC will be available to the City 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after -hours calls will have a response time of less than one hour. 1) Emergencies- less than 60 minutes 2) Routine- clean upon spotting graffiti 3) Citizen or City reported incidents- within 24 hours LABOR -HOUR ALLOCA'T'ION CHART INCLUDING 6 "f TRUCK FOR PARKS er week worked 25H -88 # Employees GPC Field Work (hours) Management (hours) Administrative (hours % Proj. Time Field Work 5 40-48 0 0 100% Field Mgr 1 45 -48 5 0 100% Management 1 0 5 -10 1 -8 10% Administrative 1 0 0 5 10% 25H -88 Field Staff GPC offers employee's excellent pay, a thorough 100 point training program, and the best possible equipment. New hires at GPC must have a clean driving record, pass a drug test and background check, and meet GPO's extremely high minimum standards. New staff members train for 1 year as an assistant until getting the chance (upon merit) to take on the responsibility of one of GPO's routes. During training they not only learn how to become skilled professionals at graffiti removal, but also how to recognize hazards. All GPC personnel will wear GPC uniforms, reflective safety vests, and will have cell phones for immediate and direct communication. "Training includes how to match colors, proper use and repair of all equipment, working with varying graffiti removers, appropriate use of blasting attachments, recognizing hot spots and areas of importance, the best times to attack various locations, and communicating with citizens and City staff. GPC has an excellent safety record. GPC utilizes only environmentally friendly biodegradable materials and techniques and will adhere to all Local, State, and Federal rules and regulations. GPC has an appointed Safety Officer who put together our extensive Injury and Illness Prevention Program. Some highlights of our Program in which all of our employees are trained include MSDS knowledge, driving techniques, personal safety gear protection, proper use of tools and equipment, hazard communication practices, recognizing potential hazards, heat illness prevention, and job site safety. New employees also learn the importance of quality. Quality control is the responsibility of every GPC staff member. Quality of the removal is to be the highest standard, and also all graffiti removal must be 100 % completed. Attention is directed at the importance of experience, details, and ethics. GPC accepts and performs only "excellent" quality from its staff and that is the standard that the City will receive from GPC. GPO's 100 Point Training outline is on the following two pages. 25H -89 Key Personnel Key personnel for this proposal are Barry Steinhart, Carla Lenhoff, Sandy Corbett, Joni Sawyer, and Jorge Calvillo. Biographies; • Barry Stein hart-General/Proj ect Manager (24 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464- 4472/(877)297- 8119fax GPCLA@MSN.COM Barry has 22 years of experience in graffiti removal and has a degree from the University of Southern California. I-Ie will be the project manager for this RFP. He was instrumental in the development of many of GPC's graffiti removal techniques, pioneered the use of sacrificial anti - graffiti coatings, and developed the company's zero - tolerance graffiti program. He created a simple system of field color matching and the 98% minimum color match program. The level of service and quality of work performed under Barry's leadership is outstanding. Barry works very hard to be responsive, consistent, detailed, professional, and exceptional. His history is verifiable and irrefutable and always wishes to be judged more by his actions over GPC's 24 year history of successful projects verified through references rather than by words on a piece of paper. • Carla Lenhoff- President (23 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464- 4472/(877)297- 8119fax GPCLAL2MSN.COM Carla is the President of the company with 21 years of experience in the graffiti removal industry. Carla will be the administrative lead for the contract. Carla attended the University of Texas. Carla created the company's culture of unprecedented customer service, which she brought with her after serving as store director of lscada Corporation in Beverly Hills. Carla makes all new hires seeking people that possess the "intangibles ". GPC has experienced consistent growth under her leadership, amassing diversified and loyal clientele. Carla will insure that all administrative tasks relating to this contract are seamlessly fulfilled. • Sandy Corbett - Controller- (10 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464 - 4472/(877)297- 8119fax GPCLA, ,MSN.COM Sandy serves as the account representative for this project in handling all report and billing inquiries. Sandy has a M.A. from Cal State Long Beach and a B.A. from Pitzer College. Sandy has 24 years of experience across multiple industries, demonstrating consistent record of increasing profit throughout tenure. She is instrumental in reducing overhead and contributing to operational goals and persomiel relations. Her strengths 25H -90 include general ledger, financial statements, financial analysis, budgeting, cash management, and internal and external reporting. • Joni Sawyer- Software Director of Operations 1094 E. Sahara Las Vegas, NV 89104 (702) 686 -0446/ Fax (800) 536 -0963 JONI()APP- ORDER.COM Joni is the former assistant General Manager of the company and now serves as Director of Operations for GPO's software company, App - Order. Joni will be the point of contact for the contract for software solutions, Joni has a degree from Ventura Community College. Joni emphasizes the company's culture of unprecedented customer service, which she brought with her after serving as store director of Tiffany and Co. in New York and store director of Harry Winston in Beverly Hills. GPO's president, Carla Lenhoff, has a business philosophy and goal of making GPC the apex in quality and service. Carla, who got her start on Rodeo Drive, had followed Joni's career for more than 22 years and once GPC had reached a size that could support her acquisition, Joni was added to GPO's staff. • Jorge Calvillo- Project Field Mgr. (13 years with GPC) 1428 -B Ritchey St. Santa Ana, CA 92705 (323)464 - 4472/(877)297- 8119fax GPCLA @,MSN.COM Jorge has been the lead service technician for GPC in the City of Santa Ana.. Jorge will continue as the lead field tech for this project. Jorge was promoted to the City this past year after serving as the lead GPC field technician for the City of Torrance for 12 years. From Jorge's first day in the City up to the present, he has been providing the highest quality work and customer service. He has learned the City geography, residents, business owners, and City staff. Jorge is professional, understands customer service, and an expert in color matching. He is also bilingual. 25H -91 GPC Organization Chart for Santa Ana 25H -92 Technology GPC provides its App -Order web based work order system at no additional charge. This electronic work order system is a green solution to work order management. The real -time web based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real -time via the web. The technicians are able to directly submit work order number, address, longitude and latitude, date created, date performed, date closed, surface, method, square footage, cost, moniker, zones, public or private designation, time, remarks, comments, and before /after photos electronically in real -time to the City. System recognizes and records the technicians name as well as job start and stop times as well as City department and name of person submitting the request. Surveillance times are captured along with a corresponding route map. Work order response times are also tracked. Included, GPC will continue to provide the City its own branded app on the App Store and Android Marketplace that Santa Ana residents use to report graffiti and other issues using their smartphones. Photos and GPS data from smartphone requests electronically feed into the web based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders are closed electronically in real -time with corresponding electronic notification of job status sent to the resident. Features include customized electronic "Thank You" response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real -time to designated City staff. Each request will receive a work order number so that its status can be tracked. Once work requests have been received, App -Order maps out the locations on the technicians phone. All service requests will be completed within 24 hours, with the exception for inclement weather or other extraordinary circumstances that could cause a delay. The CPM will be notified of any delays. Emergency requests will receive immediate response with an anticipated removal time of 1 hour or less, GPC is available and on -call 24 -hours a day, 7 days a week. The system is role based and is user friendly. City staff can print current and real -time custom reports, maps, and graphs within seconds on -line. App -Order shows in real -time open /closed work orders, response time, billing, and reports. It also separates out costs and square footage for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real -time billing reports and photos for apprehended taggers. GPC has vast experience working with the City and understands the reporting requirements. App - Order software has a component that currently separates out the City's work orders by neighborhood and police grid. 25H -93 All data collected in the work order system for this project is the property of the City and will be available for a minimum of seven years after project completion. Custom features can be easily added with no additional cost to the City. GPC assigns the City a representative, Joni Sawyer, to handle all technology requests and issues. All requests for upgrades and support are immediately handled. In addition, Joni will work with City staff to assist in creating custom features that improve the efficiency and transparency of the graffiti program. The City receives unlimited software support and training at no additional charge. CPC's App -Order software meets and exceeds all of the City's graffiti work order system requirements. Software screen shots are included on the following pages. 25H -94 Citizen - City of Santa Ana Page ] of I You are logged in as: gpcla@msn.com ( logout ) ,Feedback �[� Apps Citizen Feedback Rep... YR15 -00070 New Citizen Feedbac... Conflg Admin System Details Edit Clone XML Touch Delete Citizen Feedback Report: YR15 -00070 Created By: anonymous (169649) Created With: Web Created; 09/03/2015 01:36:26 PM Feedback Type: Rate Graffiti Removal Services Response Time: 5 Quality of Work: 5 Comments: The graffiti response section is THE most efficient and effective department Y have ever seen In public service of this type and all involved should be very proud of the prompt and quality work they do. A big thanks? Name: Jason Carrig Email: Phone Number: 714TAINNOO Server took: 0.177 seconds 25H -95 �� t ..L.____.i l_t_.....lh O(lA 7Q'19.•ot nxRrrat a= 9/22/2015 Methods for removal GPC meets and exceeds the City's standards for graffiti abatement. - Painted Surfaces On most previously painted surfaces (with the exception of some semi - gloss, gloss, oil based, powder coated, and anti- graffiti coated surfaces), the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in parentheses above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces. Preparation (prep), which includes adjacent surface protection, is vital in professional removal. Before the touch -up paint can be applied, the surface must be clean. If the graffiti is from a marker or dark spray paint on a light color, the graffiti will be "killed" with a primer. It is required to use a primer in these instances, otherwise, many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface. GPC must now snake the custom color of the surface, GPC will match the sheen of the surface, followed by the base, and then add colorants so that the touch -up is virtually undetectable. Once the paint is made, the formula is saved and the paint is labeled with the corresponding location. The advantage of near perfect color matches is that smaller areas can be touched -up without having to paint the entire surface, creating tremendous cost savings. All GPC techs are excellent color matchers and are extensively trained at on -site color matching. GPC applies the color using its "feathering" technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch -up will not be recognizable and no one will have known that site had been vandalized. It is important to note that GPC uses only quality paint to prevent color fading, obtain better coverage, and prevent adhesion problems. GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC with permission from the CPM, will reschedule for the most advantageous time. Techs are well trained and highly skilled which greatly limits the possibilities of adjacent surface damage. Plastic sheeting and tape is in every truck and will be used when necessary. Proper clean -up and disposal is performed at each site. Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. During the past 24 years GPC personnel have removed millions of tags with not one insurance claim of overspray, injury, or other complication for any of our clients. - Unpainted Surfaces GPC removes graffiti from unpainted surfaces with soda blasting techniques and chemical removal. Soda blasting can be performed wet or dry. For wet blasting, GPC utilizes water recovery and recycling equipment. GPC possesses many water recovery units. The units are truck mounted and designed after a much larger CALTRANS model. The units are fully 25H -96 automatic zero discharge - closed loop wash water recovery system. The units remove all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water using a Vacuboom system, filters the water and returns the clean water to the main water tank. Water recovery units are in compliance with current wastewater regulations and requirements. GPC also utilizes graffiti removers depending on the surface to be cleaned. All removers are biodegradable and non- hazardous. The removers will clean the graffiti without causing damage to the underlying surface. The media used for soda blasting is baking soda. Baking soda is FDA approved, non- toxic, and contains no free silica. It is also non- sparking, non - flammable, non - hazardous, and environmentally safe. Proper clean-up and disposal is performed at each site. Natural surfaces that are repeatedly tagged may require the application of an anti - graffiti coating. These projects will be performed on a case by case basis under the City's direction. Equipment to be provided daily within contract GPC trucks for the City of Santa Ana will be a mix of new or late model long bed heavy duty pick -ups. All tricks are fully equipped and self - contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi 5gprn hot water pressure washers, water tanks, water recovery units, .75 -gpm gas powered airless paint sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. CPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract. Mounted on the trucks are dual strobe lights and arrow sticks. The tricks possess a "Men Working" flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs. All GPC trucks for the City will always be fully equipped for all types of graffiti removal as stated above. There will be no need or delay for additional equipment. GPC has immediate access to a bucket truck; however the need in Santa Ana for a bucket truck has been virtually non- existent. Recent photo samples of work in the City are included on the following pages. 25H -97 "E• • , TG15. 0358328 08/11/15 1133 W 17th St 1133 W 17th St 25H -98 E. �aFVnms�+�....-- _,.- -- �j I 1 t yiF�..�_}r 1 %" �'� 1 �� Implementation Time Schedule Since GPC is currently performing the services requested in the RFP and has an office located within the City, GPC possesses all staff, equipment, software, and materials to immediately start services requested within the RFP and successfully complete the project in a timely manner. Disqualification and Litigation GPC has never been disqualified from any project and has never been involved in litigation regarding the performance of a contract. Handling Complaints GPC field and project manager are available to City staff 365 days a year to handle issues and complaints. Upon receiving a complaint, GPC management inunediately gathers information on the complaint and verifies the facts surrounding the issue. GPC will then take corrective action to satisfy all parties involved to the fullest extent possible. GPC has resources at all levels to insure that a complaint is turned into a compliment by the speed and thoroughness that complaints are addressed. GPC will then take corrective action, if necessary, to insure that the issues surrounding a received complaint do not repeat. GPC is best in class in its industry and puts tremendous efforts into insuring the highest quality customer service and workmanship. This has been proven to the City over the past decade. Financial Responsibility (Capacity) GPC has included in a sealed envelope the company's most recent financial statement that covers the first 6 months of 2015. GPC has a $250,000 line of credit. GPC currently has all the trucks, equipment, software, location, and staff to perform this contract. No new purchases are required. A photo of local office with trucks is on the following page. 25H -100 Addendum GPC has received Addendum #1 and Addendum #2. Creative Approach GPC is constantly looking for ways to improve its service model. Examples of creative approaches are many, but will highlight two. Prior to GPC, the City painted the signal poles with a base flat grey paint. This meant that every time there was a simple tag with marker on a pole it had to primed and repainted. GPC decided, upon approval from the City, that it would be better to paint the poles in a higher quality low gloss finish that would allow GPC staff to remove the usual small marker tags with its graffiti remover rather than layering on more coats of paint. This created a large initial labor and material cost for GPC, however it has allowed for faster removal of graffiti on poles as GPC staff can simply wipe off the tags versus priming and painting. The appearance results were also much more favorable than the original removal methods. A second example is the smartphone app. Due the size of the City it is impossible to check every street and alley in the City daily with just 5 trucks. With GPO's smartphone app provided to the City residents for free, residents can quickly take photos using the phone's GPS and transmit those requests directly to GPC staff in the field in real -time. Residents like the ease of use and feedback they receive by getting before and after photos in real -time as their request is closed. There are now close to 4,000 downloads of the app and all those residents greatly enhance CPC's graffiti surveillance activities. These are just two examples of GPO's mindset to always improve the City and the graffiti program. GPC always invests in the latest equipment, materials, and technology to increase quality and production and is why GPC staff dominate its completion in quality and output. Conclusion GPC has always provided the highest quality services at fair prices. GPC had achieved its goal making City of Santa Ana one of the best graffiti programs in the country. The program had no shortcomings or deficiencies and had consistently maintained the highest possible standards, exceeding and creating very high expectations. There is no better indicator of fixture success than past performance. 25H -102 In � ► 1 KNOW ALL MEN BY THESE PRESENTS, that we Graffiti Protective Coatings Inc. _ _ as Principal, and Platte River Insurance Company a corporation duly organized under the laws of the State of Nebraska as Surety, are bound unto of Santa Ana as Obligee, in the sum of Five percent of the ]aid Amount -------------------------------- ( 5% For payment of which sum well and truly to be made, Principal and Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Graffiti Removal service, No. 15 -080 with a bid date of 09/23/2015 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished by the prosecution thereof, or in the event of failure of the Principal to enter such Contract and five such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another part to perform the work covered by said bid, then thi546fgation shall be null and void, otherwise to remain in full force and effect. sealed this 18th day of September 2019 . SURETY: Gra fi ' to ive Coatings Inc. Platte River Insurance Company By: By: pp Name and Title J blame d Title Ryan Tash, Attorney'= Sn -F"act 25H -103 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 Sacramento ) On �� i/S be>�me, _ Susan Fournier, Notary Public (insert name and title of the officer) personally appeared Ryan Tash 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 rte/ (Seal) 25H -104 i� e: viv'�et;uH� \�hQ4�11�ilWR M�I i,= .mk. >.nc•.r.��or�.wsv...,�cv,ao 'xw PLATTE RIVER INSURANCE COMPANY 41325543 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the Laity of Middleton, Wisconsin, does make, constitute and appoint -- • ---- -- - -JOHN T. PAGE;RYAN TASH;CHRISTINE STRADFORD — its true and lawful Av otney(s) -in- liter, to make, execute, seat and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the suns of INSTRUMENTS IN AN AMOUNTNOT TO EXCEED. $20, 000, 000. 00 ----------------- -------- •---------- — This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bear(] of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice - President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice - presidents, assistant secretaries and attorney(s) -in -fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attoney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomay -fn -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under its bond. in connection with obligations in favor of the Kentucky Department of highways only, it is agreed that the power and authority hereby given to the Attomey -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Anent: p sniouwwamvi PLATTE RIVER INSURANCE COMPANY A.aeWiNSUR4 r4or RQ' GOFPOPAYf e0,� C _ v= A� Richard W. Allen III I SE 'zE Stephen S. Sills President � r7.L' .1-.t P Surety & Fidelity Operations CEO & President STATE OF WISCONSIN i S,Si�' NeoAnsRS'`` COUNTY( DANE J nemimmunnm� On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that lie signed his name thereto by like order. l•' KRU96SR $ ✓ \ / Daniel W, Kruegor STATE OF WISCONSIN `r; „.� Notary Public, Dane Co., WI COUNTY( DANE CERTIFICATE My Commission Is Permanent 1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Direct rs ©rth in the Power of Attorney is now in force Signcd and sealed at the City of Middleton, State of Wisconsin this day of%'l��/ 141 amL ,� 1 SEAL F Js, Alan S. Ogitvie 6/ Secretory THIS DOCUhIF.NT IS NOI VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WPEPI A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OPTHIS DOCUMENT CALL, 500475 -4450. Pltd'OA (Rev. 11-13) EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I 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 a unit 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. COST SHALL BE SUBMITTED ON EXHIBIT B AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three -year term of any contract that is a result of this RFP. Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum Is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. �.� �rgpgsat fee Hrti�:t�e based :on�icing,�ectlor��F,d�iJ±tk7 o��,t?�ic�ti Item PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks $ '1 0, 9_t? 171 V90 Item No. 2: Column C GRAND TOTAL PRICE (here No. t s 2 above) = $ $ q "I , 41�o City of Santa Ana GRSC Services RFP 25H -106 Page 19 Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be able to perform both painting and media Monthly ysenncetwekt 13,411,33 S times {x)12 months (01 911. `l1� 1 blastin . $ $ Daily cost per Truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday 2 service. Service Truck must be able to nerform both Daintina and media blastine. Weekend and Holiday for lservlee .oe p In,rk s `i5 g slimes (x)915 days s 9 0, 406. cc PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks $ '1 0, 9_t? 171 V90 Item No. 2: Column C GRAND TOTAL PRICE (here No. t s 2 above) = $ $ q "I , 41�o City of Santa Ana GRSC Services RFP 25H -106 Page 19 Item No. Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly F (x) tz months page 13 of RFP) Service truck must be able to Weekday fort �� q3 "3 perform both painting and media blasting. sercet uck S r89 - U Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement ". (snA Fr� �f'Roftcr`vc' c- AT%r0c,- , I:tJc LEGAL, N ME OF COMPANY BUSIN SAD SS C,4 LA q-t.1i1oF PRIM D N E AUTHORIZED AGENT SIGNA AUTHORIZED AGENT DATE q V-43` T413 q&j.44�L /aa)4 6•3s P--j PHONE AND F) rlcIOul , C4 PP -C ,sr 0 Er-1i TITLE C pGLA ELmice.c Gi1y1t% LICENSE N THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H-107 Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Givalifications (Circle YES or NO) a. Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years; YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years; YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. C. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services; and YES _ NO d. Vend r has the ability to furnish the necessary personnel, equipment, cleaning materials, and sup ecessary to remove or cover graffiti. S O Firm: rS7 -r F P ores r z J 6 Co A rrN c -,), :ma h Signed: Printed Nam L-I-A c. LC N1to } j. Title: 29-tF5 X 0EN7 Date: q)'L3 i )�- THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H -10$ Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: C x r OF S A ru+ h hr,1 %t Address: 22o S• .?ax-sjr Av; 5 t O ', Ir h u rr CA- 'q O7 Contract Amount: Rdornoo Description of supplies, equipment, or services provided: Contact Individual: t t l 1`1 E ILL " 0 Phone Number:��1Y��OY� - }c `6 Facsimile Number: ("t7' 33� Year: 1° Q 4 - FAZ'Cr/i tom- p c rL 1 ia�frt SE�v Ce1 Reference Customer Name: t C Lc"aI A Address: u d c • S ? IL Pa G c> Phone Number. ��t ) _I > L414 c- j3 t:AeI� %I 10 Lu3 Contract Amount: 11, Facsimile Number: (5("k) r !C 2 Sy o Year: 2:2ej- PIL&CNr Description of supplies, equipment, or services provided: GRa�xr l)-eNr SFfLil - cc= J Reference Customer Name; c l r or'• S±JJ S°S` Address: I(IO rCraT t. I\ 4, & '4 /11 5�td Via) k CA of } 10L Contract Amount: '4 goo,do Description of supplies, equipment, or services provided: Contact Individual: d 0 M QLt S41-3 Phone Number: M a S1 5> yo Facsimile Number: >d Year: c7 �.r,+. w,llkM> z� li- pyu�rtr+r y C Sf s� CW.J4) Clty of Santa Ana GRSC Services RFP 25H -109 Page 22 Reference Customer Name: C z r 7 C I:. TDNXtt,y aJ C6 Address: 3o3f izph,+[c 9 tJ4. 71�itL, -jcz oi- Contract Amount: i ).)o Description of supplies, equipment, or services provided: Contact Individual: I 'I,y r 19 r' rre Phone Number: 5% „) iS 1 -'71) Facsimile Number: �i I�� 1 r61 -?199 Year: 2<+�•Y - 1'h�"Se`'' IL 4P-rtip 4-k- 5 rM1u9Lef Reference Customer Name: C Y'7 "Y aF Address: 1i j, '))-r' -;Cy) CA Contract Amount: 336'01J0 a v Contact Individual: M A i{ C ff ,45e Phone Number: _ (Gc ) 3 `t Y - 1(. "L S Facsimile Number: m.”) 39 - 16 0 1 Year: 2uc� %- �IPv1r^r7" Description of supplies, equipment, or services provided: Cs- 9'IrrrIrM aEr�,Jjrk �'Ck-L%I- S r THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H -110 Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name. &)Z*FFcs r 1'i2 TEcrc%& c:6'4rT r"G•S• C Company Name: L s ry c,: ;.t j! -A ANn Contact Person: fnt j.('"Q Address: 'Llz .5, ,�rsy ,q-,nK Telephone Number: 7Iy y'_33e City, State, Zip: S P,,asA j n- v} gq.5' E -mail Address: a n�ruh� a G su jg. y Services Provided / Date(s) of Service: CrRfir -r=rr� f (%n&k y- Soi -rvAT-?-L Company Name: c z Y n'P 5,4 N 7as c' Contact Person: o f -r - ili:l vj zA-k -Dr+�d Address: 1661 5 ,EH,cn M1�. at m Telephone Number: 4e�� 5-31 • 3 a Yo City, State, Zip: 5ka p q L+ y r i LL E-mail Address: Services Provided / Date(s) of Service: C—&A-PT -s r c Q �-v G ri-n ,m m G-m r• So A r w Tn. E .9--4 Company Name: c s i" r 0.r c a ,1 ra Contact Person: f`t � hlc C t Address: 14Lr 13osa vccw Telephone Number: g69)3q 2r City, State, Zip: c % 1 61 17 61 E -mail Address: M ch,, 5e, Q� c i , c: n IQ nb . Services Provided / Date(s) of Service: &P- FF-F c E L& (LA ^ m�-mr sof=r wand r THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, _ City of Santa Ana GRSC Services RFP 25H-1 11 Page 24 , I CAS Q S EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'SSTATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish the City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays, and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the 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. f) All terms co t ' ed in the specifications, the certification of nondiscrimination by contractors, and the require i urance certificates are to be incorporated by reference into this agreement and are made spec r Ily,ap rt of this RFP. Signed: Printed TCC.r V Cc-ArCrJ&5, 17t J C, R LA Title: F�-e 5r4 IF N ; 23 / f THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 25 25H -112 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless City of Santa Ana GRSC Services RFP 25H -113 Page 26 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color tional origin, ancestry, physical handicaps, mental condition, marital status, or sex of suc rsons, except as provided in Section 1420, and any contractor violating this section is jeci to all the penalties imposed for a violation of the chapter. Firm: &I i =r 1-y- r-_f vr- C- q F .re\j , � c Signed: Printed Name; ,tom LiF Nt4ot=r Title: PPX 5w 9t ri I— Date: q / Z3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSA E L. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 27 25H -114 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER -- SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? 23 YEht -s If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 8. Is your firm currently the debtor in a bankruptcy case? u Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Ye No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 6. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes �R No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes N No Has your firm ever defaulted on a contract? ❑ Yes M No If "yes," explain on a separate page, City of Santa Ana GRSC Services RFP 25H -115 Page 28 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes P No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes X No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes TZ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes 9 No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ■ 1' M 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes fil No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last City of Santa Ana GRSC Services RFP Page 29 25H -116 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 18. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place du rin a project when one was required? ❑ Yes No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any 'serious," "willful" or 'repeat' violations of its safety or health regulations in the past five years? ❑ Yes M No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes 3 No (Note: It an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not Include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes �Q No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE_ PROPOSAL . PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H-1 17 ^ Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents ther� or.-or divulged information or data relative thereto, or paid, and will not pay, any fee to any porporation, partnership, company association, organization, RFP depository, or to any memb�r or agent thereof to effectuate a collusive or sham proposal. Note: Tai `bboye noncollusion affidavit is part of the proposal. Signing this proposal on the signatur` or,,,fJJJ��n thereof shall also constitute signature of this noncollusion affidavit. Proposers are caut� tha4,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 day of _. 20_ —, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SEE ATTACHED Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 31 25H -118 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE C< ut�e�L... . t.caf. YSv. Y.`e . .v,�¢. <.ti c N:1` u�•� '•.cfrc�2 �•.e�f.�¢ �`.. S2CvevLCa f . �a<. fd7 .c�LfiStaCc�L.af ❑ See Attached Document (Notary to cross out lines 14 below) O See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1 2- - - - - - -- -- - --- -- ----- - - - -- - 3 d 5- - - - - -- Signature of Document Signer No. I Signature of Document Signer No. 2 (if any) . 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 5 ERICK SANCNE DE LA PUENTE COmmiselon M 2062504 Notny Public • CUlfomia Los Angeles County COMM. Evt Tres Mar 20, 2010 r Sea/ Place Notary Seal Above Subscribed and swom to (or affirmed) before me on this 22 day of _SeIp4p�� ! 20_, by Date Month Year (1) Co, t"!c� Levkk&o (and (2) -- ), Namefrvj of SignerK proved to me on the basis of satisfactory evidence to be the pers who appeared before me. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: l�. 6A, (rrQS;d✓e )�t�•�+rt0.vni" Document Date: %A�17 ®6 Number of Pages:, I —Signer (s) Other Than Named Above: 4% .f i-r° 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5910 25H -119 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, 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. 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. 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 as a part of Policy # Issued to this endorsement form Named Insured Countersigned by Authorized Representative SAMPLE ONLY City of Santa Ana GRSC Services RFP Page 32 25H -120 REQUEST FOR PROPOSALS FOR GRAFFITI REMOVAL STREET CLEANING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on September 11, 2015 The referenced document has been modified and will be known as Amendment No. 1. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Danell Mercado, email dmercadoansanta- ana.org. The following panes are additional attachments to the RFP City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 1 25H -121 Attachment 3 City of Santa Ana ~SRGC Services RFP Amendment No. 1 Page ��U� �� U��U�� Comm re too All Mel Raw AV. PARIG, RECREATION ANO COMMUNITY SERVICES AGENCY City of Santa Ana ~SRGC Services RFP Amendment No. 1 Page ��U� �� U��U�� Attachment 4 Mandatory Pre - Proposal Meetings — Sign In Sheet City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 3 25H -123 Attachment 5 Monthly Graffiti Statistics — January through June 2015 January, 2015 Public Works Agency Total locations received from hotline calls 1,248 Total locations received from App -Order 457 Total Square Footage removed 282,840 Average response time for service calls through Hotline /App - order: Same Day Response 76% Between 24 and48 hours 14% Over 48 hours and/or referred to other Agencies 10% Police Department Number of Arrests by SAPD 10 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 11 Restitution Awarded by the Court $1,922.00 Restitution Received for Graffiti Cases $1,922.00 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 3 Number of Administrative Citations issued I Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 1 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 4 25H -124 Public Works Agency Total locations received from hotline calls Total locations received from App -Order Total Square Footage removed Average response time for service calls through Hotline /App - order: Same Day Response Between 24 and48 hours Over 48 hours and/or referred to other Agencies Police Department Number of Arrests by SAPD Number of Retail Inspections Number of probation searches by SAPD Number of Arrests by SA School Police Restitution Awarded by the Court Restitution Received for Graffiti Cases Number of $500.00 Graffiti Rewards given Code Enforcement Number of complaints addressed from Hotline referrals Number of Administrative Citations issued Number of Notice of Violations issued Number of Property Modifications Ordered Page 2 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 5 25H -125 February 2015 962 670 260,352 83% 9% 8% 10 0 0 3 $1,085.00 $1,085.00 0 4 1 0 0 March, 2016 Public Works Agency Total locations received from hotline calls 1,424 Total locations received from App -Order 855 Total Square Footage removed 271,360 Average response time for service calls through Hotline /App - order: Same Day Response 76% Between 24 and48 hours 9% Over 48 hours and/or referred to other Agencies 15% Police Department Number of Arrests by SAPD 8 Number. of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 2 Restitution Awarded by the Court $1,600.34 Restitution Received for Graffiti Cases $1,600.34 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 3 Number of Administrative Citations issued 2 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 3 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 6 25H -126 April, 2016 Public Works Agency Total locations received from hotline calls 1,214 Total locations received from App -Order 686 Total Square Footage removed 277,278 Average response time for service calls through Hotline /App - order: Same Day Response 82% Between 24 and48 hours 10% Over 48 hours and /or referred to other Agencies 8% Police Department Number of Arrests by SAPD 6 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 0 Restitution Awarded by the Court $2,014.09 Restitution Received for Graffiti Cases $2,014.09 Number of $600.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 7 Number of Administrative Citations issued 0 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 4 of 6 City of Santa Ana — GRSC Services RpP Amendment No. 1 Page 7 25H -127 May. 2015 Public Works Agency Total locations received from hotline calls 1,011 Total locations received from App -Order 1,069 Total Square Footage removed 260,406 Average response time for service calls through Hotline /App - order: Same Day Response 85% Between 24 and48 hours 8% Over 48 hours and/or referred to other Agencies 7% Police Department Number of Arrests by SAPD 7 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 1 Restitution Awarded by the Court $1.028.79 Restitution Received for Graffiti Cases $1,028.79 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 5 Number of Administrative Citations issued 2 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 5 of 5 City of Santa Ana -- GRSC Services RFP Amendment No, 1 Page 8 25H -128 Public Works Agency Total locations received from hotline calls Total locations received from App -Order Total Square Footage removed Average response time for service calls through Hotline /App - order: Same Day Response Between 24 and48 hours Over 48 hours and/or referred to other Agencies Police Department Number of Arrests by SAPD Number of Retail Inspections Number of probation searches by SAPD Number of Arrests by SA School Police Restitution Awarded by the Court Restitution Received for Graffiti Cases Number of $500.00 Graffiti Rewards given Code Enforcement Number of complaints addressed from Hotline referrals Number of Administrative Citations issued Number of Notice of Violations issued Number of Property Modifications Ordered Page 6 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 9 25H -129 June, 2015 1,003 969 312,268 85% S% 7% 6 0 0 3 $1,101.31 $1,101.31 0 0 3 1 0 Attachment 6 Graffiti Removal Program Work Order Monthly Statistics - January through August 2015 Total Request for Service Total Work Orders Completed Total Square Footage Removed .January ,February,,, A" 1�V , *'! , „ August, 1,705 1,632 2,279 1,949 2,080 1,972 1,435 1,503 7,965 7,787 8,082 8,574 8,696 10,428 8,292 8,206 282,840 260,352 271,360 277,278 260,406 312,268 257,030 259,501 All other provisions of the invitation of this proposal hereby acicnowledge receipt and understanding of thej f ji�j-Ec, Company Name Sig CA kui- L ; N 4--t Printed Name of Signer Address in their entirety. Vendors 19 (0 r? i — i- Title City of Santa Ana - GRSG Services RFP Amendment No. I Page 10 25H-130 REQUEST FOR PROPOSALS FOR GRAFFITI REMOVAL STREET CLEANING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on September 17, 2015 The referenced document has been modified and will be known as Amendment No. 2. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Danell Mercado, email dmercado@santa- ana.org. RFP Page 10 D. Information Management ....................................... ............................25% 1. System Design - A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each criteria and the integration with existing Public Works equipment and systems 2. Technical support for software and data management Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes proactive graffiti removal through painting and media blasting. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatements ". Ali other provisions of the invitation of this pr hereby acknowledge receipt and understanding C,tlJi'F1 =Gt "s 11Av; "tc.�;'vc Conrw.�cS' ��+c. Company Name C,N—&" `s;,N 1) 0 �= Printed Name of Signer in their entirety. Vendors Pdtic`)y =s�"" Title _1-2 --I S- t,h- 1 ! ti, lJ'9 Ik' L�"`'f tom' �C °!ii CBCfl I �_ Address City of Santa Ana - GRSC Services RFP Amendment No. 2 Page 1 25H -131 25H -132 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: CONTRACT AWARD TO C3 OFFICE SOLUTIONS FOR MANAGED PRINT SERVICES AND GE CAPITAL, LLC FOR LEASE OBLIGATIONS FOR COPIERS {STRATEGIC PLAN NO , 5} CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with C3 Office Solutions, subject to non - substantive changes approved by the City Manager and City Attorney, for Managed Print Services along with contract contingency of ten percent for one year (November 1, 2015 through October 31, 2016), for an amount not to exceed $177,670. 2. Authorize the City Manager and Clerk of the Council to amend the existing agreement with C3 Office Solutions for the period November 1, 2012 through October 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney, for Managed Print Services related to invoices to close -out existing account balance for an amount not to exceed $39,000. 3. Authorize the City Manager and Clerk of the Council to execute a lease agreement with C3 Office Solutions which is anticipated to be assigned to GE Capital, LLC for the purpose of consolidating all leases with GE Capital, LLC, subject to non - substantive changes approved by the City Manager and City Attorney, for the consolidation of approved and existing Capital Leases, along with two additional Capital Leases of City Multi- Function Printers for a three - year term beginning November 1, 2015 through October 31, 2018, for an amount not to exceed $470,330. DISCUSSION The above - referenced recommended action allows for C3 Office Solutions ( "C3 ") to provide managed print services to the City Departments for a period of one -year (November 1, 2015 — October 31, 2016) only. At this time Staff is recommending, prior to the conclusion of the one -year term, a Request for Proposal to be issued for the purpose of soliciting bids for Managed Print Services. This would allow for the City to re- evaluate its managed print services program and seek to identify efficient and effective solutions regarding respective Departments printing needs. 251 -1 Contract Award for C3 Office Solutions for Managed Print Services and Leases October 20, 2015 Page 2 In addition, the City has entered lease obligations with GE Capital, LLC ( "GE Capital ") and De Lage Landen ( "DLL "). The recommended action allows for the consolidation of the City's existing leases with GE Capital and DLL with C3. Subsequently C3 will assign the existing leases solely to GE Capital. The City will be making lease payments directly to GE Capital after completion of the assignment and for the remaining term of the lease obligation. Prepaying the lease obligation during the upcoming fiscal year is an option however the City would need to advance approximately over $400,000 rather than financing the said amount over a three year -term, resulting in a negative cash flow approximating $250,000. Manacled Print Services: C3 has provided managed print services for the City since November 2012. The proposed contract includes but is not limited to the following: on -going support, repair and maintenance of MFP's, copiers and printers; four hour response time to disposition on all service calls requested by the City; provide toner, replacement parts or equipment (on per click charge basis) along with consulting and training to City staff in order to achieve the optimal and most efficient usage of copier equipment. Additionally, due the purchase of additional equipment and related printing charges, by various City Departments; the City is requesting allocation to close -out account balance of invoices for an amount not to exceed $39,000 incurred during the current fiscal year. The breakdown of costs related to the contract, contingency and additional funding is as follows: Managed Print Services — Contract Amount (November 1. 2015 - October 31, 2016) Amount Contract Amount $ 157,972 Contract Contingency 19,698 Contract Amount $ 177,670 Amount Contract Amount (see above) $ 177,670 Invoices — close -out of account balances incurred July 2015 -Oct. 2015 39,000 Total Request $ 216,670 Since the inception of the C3 contract the City has been able to reduce its fleet of copiers, MFP and printers from a high of 577 to existing equipment mix of 412, see below for more details: Copiers Multi- Function Copier Printers Totals: Equipment Equipment Net prior to C3 during C3 Change 22 0 (22) Copiers Majority of the City's printing is incurred via utilization of the MFP, however upon recommendation of C3 a reduction of the City's printer inventory will allow for additional cost - savings. Specifically C3 has provided Consulting, as required in the agreement, where equipment needs to be placed to 251 -2 39 88 49 516 324 (192) 577 412 (165) Majority of the City's printing is incurred via utilization of the MFP, however upon recommendation of C3 a reduction of the City's printer inventory will allow for additional cost - savings. Specifically C3 has provided Consulting, as required in the agreement, where equipment needs to be placed to 251 -2 Contract Award for C3 Office Solutions for Managed Print Services and Leases October 20, 2015 Page 3 achieve optimal use by City staff and allow for the transition of Staff printing needs from printers to MFP's. Furthermore, as the City transitions from its use of printers for its printing needs to MFP's the number of equipment will decrease along with the corresponding maintenance and related equipment replacement needs. C3 has been a pivotal partner for the City in achieving a cost savings via the implementation of the managed print services program. Prior to C3 the City spent an estimated amount of $550,000 which included but not limited to the following: leasing of MFP, copier and printer equipment; toner inventory, staff time spent processing invoices; and Information Technology staff time spent on troubleshooting and providing support to failed equipment. Contracting with C3 has allowed the City to consolidate the above - referenced items to be provided by one firm and has reduced the burden of existing staff in completing the referenced tasks. Additionally, C3 has included within its managed print services contract the opportunity to provide training to City staff on an on -going basis. The training will allow for new and existing City staff to obtain a better understanding of the equipment and its related functionalities along with knowledge in operating the said equipment to obtain the optimal results and maintain or prolong their useful life. Leases: As discussed the City on various dates had previously entered into Capital Lease obligations with C3 and its financing arms; GE Capital DLL for the purpose of leasing Multi- Function Printers ( "MFP "). Since October 2012 the City has leased eighty eight (88) copiers for the following Departments: No. of City Agencies Copiers City Attorney 2 Community Development 6 Clerk of the Council 1 City Manager's Office 1 Finance & Management Services 13 Planning and Building 9 Personnel 3 Police 28 Parks and Recreation 20 Public Works 5 TOTAL 88 The total lease obligations for the 88 MFP's leased by the City as of August 2015, approximates $439,390 (includes principal and interest). As a result of C3's assessment regarding the Departmental needs a recommendation is made to purchase two additional copiers totaling $30,940. Thus, the total proposed lease obligations for the City amount to $470,330. City Lease Obligations Amount Leases (P &I) $439,390 2 additional copiers 30.940 Total (3 year term) $470,330 251 -3 Contract Award for C3 Office Solutions for Managed Print Services and Leases October 20, 2015 Page 4 Staff in conjunction with C3 will re- convene with City Departments to identify the most efficient location to implement the new equipment. A thorough analysis will be completed by C3, prior to the City entering into a lease for the purchase of an additional copier(s), which will identify the potential cost - saving opportunities in obtaining the additional equipment along with detailing the item(s) (copier and /or printer) for which it will be replacing. Leases were entered into by the City during various dates since November 2012 and thus maintain various lease end -dates through June 2018. At the end of the lease term the City will be the owner of leased equipment after payment of a nominal amount ($1- bargain purchase option) to obtain the rights to the said equipment. The consolidation of the City's existing leases will not increase the principal amount owed by extending the term of the leases(s) through October 2018, however the City will gain increased cash flexibility during the upcoming twelve months. For example the proposed amount owed for the period November 2015 through October 2016 totals $233,613. Assuming the City enters into the above - referenced lease obligation in the amount of $470,330 for annual amount of $156,777, positive net cash flow during the period November 2015 through October 2016 in the amount of $76,836 will be realized. Existinq City Lease Obligations Amount Existing Leases payment owed (11/1/15- 10/31/16) $ 233,613 Annual payment after consolidation ($470,330 total amount /3 years) 156,777 Net Positive Cash Flow $ 76,836 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization). FISCAL IMPACT Funds in the amount of $687,000 (lease obligations - $470,330 and managed print services - $216,670) are /will be budgeted and available in following account numbers and fiscal year: Account Number: 07110100 -62300 - $216,670 — Payable to C3 Office Solutions, LLC (term ending 10/31/16) 07210102 -62501 - $470,330 — Payable to GE Capital, LLC c/o C3 Office Solutions, LLC Fiscal Year: Fiscal Year FY 2015 -16 FY 2016 -17 FY 2017 -18 FY 2018 -19 Total Managed Print Services Leases 144, 44 8.00 104, 517.78 72,222.00 156,776.67 - 156,776.66 52,258.89 $216,670.00 $470,330.00 251 -4 Total by FY 248,965.78 228,998.67 156,776.66 52,258.89 Contract Award for C3 Office Solutions for Managed Print Services and Leases October 20, 2015 Page 5 APPROVED AS TO FUNDS AND ACCOUNTS/ TARN[" n .7 � u Francisco Gutierrez Executive Director Finance and Management Services Agency SV Exhibits: 1. Agreement for Managed Print Services 2. Second Amendment to Managed Print Services Agreement 3. C3 Office Solutions Lease Purchase Agreement 251 -5 251 -6 AGREEMENT FOR MANAGED PRINT SERVICES CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 20th day of October, 2015 by and between C3 Office Solutions, LLC ( "Provider "), 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 October 15, 2012, following a Request for Proposals for managed print services for its multi- function printers, the City entered into Agreement No, A- 2012 -219 with Provider for such services during the three year period from November 1, 2012 through October 31, 2015. B. The parties now wish to enter into a new agreement ( "Agreement ") for the same services for a one -year period. 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 furnish managed print services on a cost -per -click basis for all the City's multi- function office equipment and printers. These services shall include the following: (a) full equipment and service for all printers and copiers, (b) installation and configuration services, (c) end -user training, and (d) provision of all operating supplies, including without limitation toner, cartridges, developer, fuser oil, rollers, print heads, drums, circuit boards, imaging unit, and staples. The services shall be performed in accordance with the guidelines and standards appearing in Exhibit A. Provider shall not be responsible to supply paper for any multi- function office equipment or printer. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $177,670 during the term of this Agreement. This amount includes a contingency of up to $19,698 for services as may be performed by Provider at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 251 -7 3. TERM This Agreement shall commence on November 1, 2015 and terminate on October 31, 2016, unless terminated earlier in accordance with Section 13, below. 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 relationslp, 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 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 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 Provider'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: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (3) 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 the California Labor Code, 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 perfonnance 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. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 251 -8 (ii) Certificates of insurance shall be Punished 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. e. 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of 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. 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 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 Provider. 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 rovider under this Agreement. 251 -9 8. CONFIDENTIALITY If Provider receives 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 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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: Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -5414 2541 -10 City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 To Provider: C3 Office Solutions Tricia Sanchez 1565 McGaw, Suite C Irvine, CA 92614 Fax: 714-641-2717 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. 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 Provider 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. 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 consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all services performed by Provider 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 Provider 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 Provider consents to the City's use thereof for such purposes as the City deems appropriate. 2 §1 -11 b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NONDISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. 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. 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: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: t - John64. Funk Assistant City Attorney David Cavazos City Manager C3 Office Solutions, LLC Tricia Sanchez 2 §1 -12 RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director, Finance & Management Services Agency 241 -13 Services EXHIBIT A Scope of Work 1. C3 is a Factory authorized dealer for the full line of copiers and printers from Sharp USA, Canon USA, and HP. 2. All C3 technicians are factory trained and certified. 3. All service calls are directed to our customer service representatives from our Santa Ana office. At no time will our customers be subjected to choosing voice recorded options or interacting with an automated phone system or be transferred overseas for support. Initial service calls will be logged with details of the technical issue and 5 -digit equipment identification number (to identify equipment location and model information). a. Once logged, a service ticket is created and dispatched to one of our technicians. The assigned technician immediately receives the service work order on their smart phone and is required to contact the customer within 1 hour to provide an ETA of onsite arrival. The technician will log the time that they spoke to the customer and the system will capture the time of this event. The technician will then arrive on site within 4 business hours and again will log the time. Upon completion of work, the technician will close out the call. b. If the 4 hour response falls after hours, the technician will arrive first thing the next morning based on the customer's hours of operation. c. If the service call is for an urgent matter, the CSR may ask upper management for an exception to prioritize the call. d. If technician requires a part and does not have said part in their vehicle to address the issue, the technician could ask another C3 staff member to deliver the part from our local warehouse or the technician could drive to the warehouse to obtain part and return to complete the job. The technician may also reschedule for a follow up appointment. The technician will provide ETA to customer in either case and record notes for any rescheduled appointment. e. Service reports are reviewed every day to ensure our commitments to our customers have been met. If a given unit fails continuously, 2nd level specialists will be dispatched to address the issue i. If the problem continues to persist, C3 will replace the device with another device with similar specifications and features. Performance of every one of our devices is reviewed on a monthly basis to proactively address issues. Service reports will be shared with customer during scheduled account reviews for ongoing feedback. ii. C3 will repair Printers and Copiers on a timely basis. Parts, service and supplies are covered under contract. In the event that a Copier requires major repairs, C3 will "replace the device with another device with similar specifications and features ". To the best Proprietary and Confidential 251_14 P; It, I1 echnology Services Cwt c.,M wm fto• murnitW.Icu P,.Mm of our ability, we will care for the Printers and notify the user when we can no longer repair the device. Because the Printers are city owned devices, we cannot replace the units. We have recommended replacements in the past and will continue 4. C3 is committed to offering City Departments including its twenty -four operations optimum uptime. C3 will provide loaners onsite to address the need for down printers Monday to Friday. When a loaner is used to replace a down printer, Santa Ana PD will notify C3 of this event and C3 will send a technician to repair the down printer during normal business hours. Once the printer is repaired, the loaner will be put back into loaner status. C3 in collaboration with Santa Ana P.D. will assess the quantity and model types of the loaners. a. There are currently 3 printers loaners on site at the City of Santa Ana PD. The police department will also receive emails to confirm closure. b. C3 will close all service calls with Santa Ana PD IT staff with Included address pdprinteradmins@santa- ana.org 5. C3 uses only OEM parts and supplies for all our Sharp and Canon MFP's. Allot the Sharp and Canon supplies and parts are included in the Service Agreement. Desktop printers may be supplied by LMI (newly manufactured compatibles not refills). C3 will provide full warranty of all parts and supplies and guarantee our workmanship. b. C3 will offer a loaner if the City is down for more than one day with similar capabilities and features. See response 3.e.ii 7. Preventive Maintenance is pre - scheduled by C3 based on manufacturer's recommendations and may be scheduled at a mutually acceptable time.C3 completes preventative maintenance on devices once we are able to see volumes and alerts. Currently we complete total call process. When the technician performs service on the machine, he is checking to see if items are worn and are in need of repair. The life expectancy of the ccnsumables are also checked. 8. For emergencies or urgent matter - C3 is local and can easily hand deliver toner from our warehouse. These services will be included in our basic pricing and there will not be any additional costs. In addition, C3 will provide additional toners to have on hand for such emergencies. 9. C3 has always received glowing reviews for training end -users and providing ongoing support. The more the users are trained, the less service calls we get. C3 will provide videos and user manuals which can be accessed 24 hours per day to supplement in- person trainings. C3 will provide as much support as necessary to maximize utilization of the devices. a. C3 will conduct retraining as needed to refresh features and troubleshooting. 10. Our analysts will configure all features of the copiers and MF °'s, including but not limited to copying, faxing, network printing, all available forms of scanning, and integration with back end Technology Services. These services are all inclusive in our bid pricing. 11. C3 will not sub - contract any work to any other vendor. 12. Tricia Sanchez as your Account Manager will continue to be the first point of contact. Davis Tran will be the second point of contact for minor projects. We Proprietary and Confidential 251-15 Page 12 Services hire very experienced service technicians that share our company core values. As we dedicate our most experienced and loyal account managers and service technicians, we expect to deliver consistent performance with familiar faces who will intimately understand the needs of the City of Santa Ana, 13. As mentioned before, all Sharp and Canon equipment will only use OEM parts and supplies. If the City of Santa Ana requests OEM toners for the HP devices, C3 may accommodate the request with a higher per -click charge as described in our proposal pricing. 14. C3 is an environmentally friendly company. By choosing C3, The City of Santa Ana will receive recycling services in which a box is provided with free freight to collect all your toners, regardless of manufacturer. Sharp has been awarded SmartWay's Excellence Award for the third consecutive time. Sharp products are energy star compliant and uses LED technology, uses low fusing temperature, and the fuser is idle when not being used (which does not affect warm up times). These all contribute to lower energy usage and is the best in class compared to any other comparable product from another manufacturer. 15. Supplemental Information: C3 also offers sales and service for Interactive Digital Monitors, LED -LCD monitors, projectors, document management systems, document solution integration, facilities management, as well as business consulting. Soff ware Details C3 will use FMAudit as our Data Collection Agent (DCA) to monitor toner levels, meter counts, and device status to proactively manage the fleet of printers as well as connected multifunctional devices on the network. Data from locally connected devices can also be collected, provided that the Local Print Agent application is installed on each computer connected to a local printer. Typically, triggers are set at 25% toner capacity to alert our staff of a toner replenishment order; however, C3 will set the threshold for toner orders to accommodate The City of Santa Ana's needs. 1. The City's Microsoft NT Network is compatible with all tracking features of our monitoring system. In addition to the information above, FMAudit operates on port 80, 21, or 443, as well as through a proxy server (as deemed necessary by the City of Santa Ana and S.A.P.D.'s network security) during client- specified time intervals. Your network requires no altercations or modifications to the existing security and upholds the integrity of said networks. Data collection consists of page counts, device description (configuration) and device status and is collected via SNMP (Simple Network Management Protocol) and ICMP (Internet Control Message Protocol). Standalone workstation is not needed to run the Printer DCA monitoring service and discreetly runs in the background for end - users' convenience. 2. C3 will delivery toner only if machines are networked and reading on FM Audit Billing and Reports C3 will provide monthly billings with included copies and prints in one single invoice. 1. C3 will accommodate monthly billing and is open to any other schedule the City of Santa Ana requests. Proprietary and Confidential 251 -16 P ❑ r 13 Services 2. Prices presented in this proposal will remain the some throughout the entire term of the agreement. Prices established in the continuing agreements may be adjusted due to inflation or changes in operating costs. C3 will submit any price adjustment 90 calendar days prior to the anniversary of the agreement and will be presented with all supporting documentation, as provided by the U.S. Department of Labor Consumer Price Index (CPI). C3 agrees that the published national CPI serves as the maximum amount that can be adjusted to the price and that the price adjustment is subject to the City of Santa Ana's approval. 3. C3 will allow the personnel from the City of Santa Ana to gain access to our fleet monitoring system with full access to view meter and device status 24 hours. Whether the City chooses to engage in having full access or not, C3 will provide full reports associated with the quarterly billing, including meter readings per device as well as the total click count for the quarter. 4. C3 will provide quarterly account reviews along with full reports from the Data Collection Agent to provide assessment of asset utilization. Should the City of Santa Ana choose to meet with us to hear our recommendations on an ongoing basis, C3 will provide floor plans with device locations, average monthly volume per device, frequency of device failure, device downtime, and recommend changes as C3 sees appropriate to maximize return on investment and achieve higher productivity. The City is not obligated to adhere to any of the recommendations. Funding Out Clause 1. In the event that sufficient budgeted funds are not available for a new fiscal period, C3 and any third party financing company will agree to terminate the contract on the last day of the fiscal period in which the City has notified C3 of such occurrence. Pricina 1. C3 will provide a monthly fixed cost that will include a monthly allowance as stated in the Pricing portion of this proposal and includes the cost of the equipment, configuration, all- inclusive maintenance, delivery, installation, set up, end -user training, all operating supplies (toner, developer, fuser oil, drums, rollers, circuit boards, staples, etc) with the only exception of supplies provided being paper and staples. 2. Lease pricing structure will be fixed pricing for the full one year contract agreement. 3. Payment terms will be net 30 days. 4. C3 will cover all costs associated with delivery/freight costs. Proprietary and Confidential 251 -17 P �i : , 14 Services V ckeN C0p1^I. COIM /IH, Proposal The undersigned contractor agrees to provide services in accordance with the specifications. I /We have stated herein the services and fees that I /we will furnish and Proprietary and Confidential 251-18 1 a g o 15 1 COPIERS leased Pooled overage Black and white click charge: Pricing for 90* MFP's: 36 Month Lease $1 $0.0079 out *includes 2 net new Black and white monthly allowance: 350,000 $12,205.27 - Monthly Lease consolidation Pooled Color overage click charge: $0.059 (GE Capital, LLC is the Lessor) Color monthly allowance: 120,000 Monthly Maintenance base Reconciled quarterly $2,765.00- Black and White base $7,080.00 - Color base 2 Printers OEM Compatible Toners and Supplies: Pooled overage Black and white click charge: Network printers reading on FM Audit only $0.0199 Monthly Maintenance base Black and white monthly allowance: 100,000 Reconciled quarterly Pooled Color click charge: $0.0997 $1,990.00- Black and White base $1,329.33 - Color base Color monthly allowance: 13,333 When OEM Toners and Supplies are requested: Pooled overage Black and white click charge: $0.035 Pooled Color click charge: $0.15 The undersigned contractor agrees to provide services in accordance with the specifications. I /We have stated herein the services and fees that I /we will furnish and Proprietary and Confidential 251-18 1 a g o 15 SE?t"VICGS fir/ clloni.,ft mO liyj ,11011O9M w,4.p YkJw deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which vendor is contracted are violated. C3 Technology Services Name of Vendor, Person, Firm, Corp 1536 E Warner Ave Address Santa Ana, CA 92705 Address 714.689 -1700 Signature of Authorized Rep. Tricia Sanchez Name and Title (Please Print) October 5th, 2015 Date 714 -641 -2717 Telephone Number Fax Number Proprietary and Confidential 251-19 Page 16 251 -20 SECOND AMENDMENT TO MANAGED PRINT SERVICES AGREEMENT THIS SECOND AMENDMENT to the above - referenced agreement is entered into on October 20, 2015 by and between C3 Office Solutions, LLC ( "Provider "), 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 October 15, 2012, the parties entered into Agreement #A- 2012 -219 ( "Agreement ") with Provider, by which Provider agreed to furnish managed print services for the City's multi- function printers. B. On November 18, 2014, the parties executed a First Amendment to Agreement #A- 2012 -219, by which the total compensation was increased by $163,908 to pay for additional services. The term of the Agreement is for a period of three years, from November 1, 2012 through October 31, 2015, and the Agreement remains in effect. C. The parties wish to further amend the Agreement to provide for additional compensation through the conclusion of the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is fiuther amended to include an additional $39,000 in compensation through the conclusion of the Agreement. 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second 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 Attorney By 7OF .FUNK Assi ant City Attorney Page I of 1 251 -21 CITY OF SANTA ANA DAVID CAVAZOS City Manager C3 OFFICE SOLUTIONS, LLC Name: 251 -22 C OfficeSolutions Model 8 Description Q See attached SChedule TO, additional Equipineltl r ACCessoni SLG Tax - Exempt Pricing Lease Purchase Agreement tt Billing Address. 20 Civic Canter Plaza Santa Ana CA 92702 j EaunDment Location: same Lease Rate % (Must c,x piete IIx AR. GA NID. NH. NJ. Nkl Tx WE) j Purchase Option: S1 00 C3 Office Solutions, LLC Lease Rate Fatter .02986 Daps•canokro Cry all omeT SSles7 1565 MCGaW, Suite C Lease Payment:S 12.205.27 (plus applicable taxes) Term- _3(p__(months) Irvine, CA92614 Billing Period: © Monthly [:]Quarterly Semi- Annually C] Annually (MOnthyIf not checktd) The following additional payments are due on the date this Lease is signed by you: Advance Payment: S_- -_ (plus applicable taxes) Applied to: ❑ First ❑ Last Document Fee: S75.00 (included on first YOU HAVE SELECTED THE EQUIPMENT THE SUPPLIER AND ITS REPRESENTATIVES ARE NOT AUew IS uF ANT AS]NiweE UJF LN]SUH AMU Aide NO Au 1 HpLLeu I MUWFY THE TERMS OF THIS LEASE YOU ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH ITEM OF EQUIPMENT AND YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION OF YOUP WARRANTY FnGHTS WE MAKE NO WARRANTIES TO YOU EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE. SUITABILITY OR OTHERWISE WE PROVIDE THE EQUIPMENT TO YOU ASAS YOU AGREE TO USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS AND NOT FOR PERSONAL HOUSEHOLD OR FAMILY PURPOSES WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. EXPRESS OR IMPLIED. YWTR RESPECT TO THE LEGAL. TAX OR ACCOUNTING TREATMENT OF THIS LEASE AND YOU ACKNOWLEDGE THAT WE ARE AN INDEPENDENT CONTRACTOR AND HOT A FIDUCIARY OF LESSEE YOU WILL OBTAIN YOUR OWN LEGAL TAX AND ACCOUNTING ADVICE RELATED TO THIS LEASE AND WILL MAKE YOUR OWN DETERMINATION OF THE PROPER LEASE TERM FOR ACCOUNTING PURPOSES EXCEPT TO THE EXTENT PROVIDED IN SECTION 2 YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO CANCELLATION REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER BOTH PARTTES AGREE TO WANE ALL RIGHTS TO A JURY TRIAL THIS LEASE SHALL BE DEEMED FULLY EXECUTED AND PERFORATED IN THE STATE OF LESSEES PRINCIPAL PLACE OF BUSINESS AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SUCH LAWS TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES FEDERAL LAW REO IRE. ALL FINANCIAL INSTITUTIONS TO OBTAIN VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT WHAT THIS MEANS TO YOU MAIEN VOL' OPEN AN ACCOUNT WE WILL ASK FOP. YOUR NAME ADDRESS AND OTHER INFORMATION THAT "LL ALLOW IDS TO IDENTIFY YOU WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS HI SIGNING THIS LEASE YOU ACKNOWLEDGE RECEIPT O PAGES I AND 2 OF THIS LEASE ANO AGREE TO THE TERMS ON PAGES 1 AND 2 OFFAL AGREEMENTS. OR CONIMITMLNTS TO LOAN MONEY. EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT O A DEBT INCLUUING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED M THIS WRITING WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US EXCEPT AS WE MAY LATER AGREE W WRITING TO MOOIFY IT TERAT€ AND CGN17 TION E _ I J..I A..I •A� n. Ii JU]�I. 1. Jl t.i LI.: %.Ya. `LOIy1.I1W!! tnilY'1'..tY1 tips I TTY'/ is.1.lap n I'VN. i.y I x era f..Y : 11. r )- {..In ci! I r W,tt..la 11 .1 L:., nYn!r; III. 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Large Capacity Tra Sharp MX -4141 71867 35072045 Inner Finlaher.3 Hale Punch, Right Exit Tray, Large Capacity Tra Sharp MX -3640 71869 3509784800 Inner Finisher, 3 Hole Punch, Large Capacity Tra Sharp MX -5141 71870 35081937 Inner Finisher, 3 Hole Punch, Large Capacity Tra Sharp MX -2640 71871 3506554X00 Inner Finisher, 3 Hole Punch, Fax Sharp MX -264 71877 3502504X Inner Finisher Sharp MX -264 71878 3502505X Inner Finisher Sharp MX -3640 71875 3506299X00 Inner Finisher, Fax Sharp MX -3640 71876 3506304X Sharp MX -3140 71873 3506704X Sharp C402SC 71872 3512550X00 Inner Finisher Sharp C30OW 72034 45134125D Sharp MX -365 72038 45005529 Inner Finisher, Fax, 3 Hole Punch Sharp MX -365 72037 45002558 Inner Finisher, Fax, 3 Hole Punch Sharp MX -565 72043 45007928 Inner Finisher, Fax, 3 Hole Punch Sharp MX -2640 72039 45051039 Inner Finisher, Fax, 3 Hole Punch Sharp MX -365 71889 45005979 Inner Finisher, Fax, 3 Hole Punch Sharp MX -2640 72033 45051019 Inner Finisher, Fax, 3 Hole Punch Sharp MX -2640 71884 45050929 Inner Finisher, Fax, 3 Hole Punch Sharp MX -2640 72031 45051029 Inner Finisher, Fax, 3 Hole Punch Sharp MX -3640 71883 45076969 Inner Finisher, Fax, 3 Hole Punch Sharp MX -3640 72035 45076749 Inner Finisher, Fax, 3 Hole Punch By: X SgnaMa of Auhadvid Signer Name: P4au Ahl Title: Dale: Dale of Sgnatue PL ScMtlule A tau 0]N1 251 -27 SCHEDULE "A" Lease /Agreement# Equpmw Model & Description Serial Number Accessories Sharp MX -4141 77448 4511664000 Inner Finisher, Fax, 3 Hole Punch Sharp MX -4141 77443 45116690 Inner Finisher, Fax, 3 Hole Punch Sharp MX -4141 71882 45116620 Inner Finisher, Fax, 3 Hole Punch Sharp MX -5141 72040 45105508 Inner Finisher, Fax, 3 Hole Punch Sharp MX -365 72044 45029610 Inner Finisher, Fax, 3 Hole Punch Sharp MX -365 72042 45029800 Inner Finisher, 3 Hole Punch, Fax Sharp MX -365 72047 45029880 Inner Finisher, Fax, 3 Hole Punch Sharp MX -565 71888 45007958 Inner Finisher, 3 Hole Punch Sharp MX -2640 72046 45057770 Inner Finisher, Fax, 3 Hole Punch Sharp MX -2640 72041 45057780 Inner Finisher, 3 Hole Punch Sharp MX -3640 72049 4503027X Inner Finisher, Fax, 3 Hole Punch Sharp MX -3640 72048 4503035X Inner Finisher, Fax, 3 Hole Punch Sharp MX -3640 72045 4503044X Inner Finisher, Fax, 3 Hole Punch Sharp MX -3640 72050 4503056X Inner Finisher, Fax, 3 Hole Punch Sharp MX -4141 72055 4502119900 Inner Finisher, 3 Hole Punch Sharp MX -5141 72032 45025479 Inner Finisher, 3 Hole Punch Sharp MX -5141 72036 45025489 Inner Finisher, 3 Hole Punch Sharp MX -2640 72063 55010413 Inner Finisher, Fax, 3 Hole Punch Sharp MX -7040 72056 55014561 Staple Finisher, Paper Pass Unit ATTEST: MARIA D. HUIZAR, Clerk of Council APPROVED AS TO FORM: JOM M. FUNK, Assistant City Attorney By: X 9pndved Name: _ Pba»RW Title: Date- 251-28 REQUEST FOR COUNCIL ACTION Me CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: VARIANCE NO. 2015 -06 TO ALLOW A REDUCTION IN PARKING FOR PLANET FITNESS AT 1760 EAST EDINGER AVENUE - CHASE VILLAFANA, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1° Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2015 -06 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 28, 2015 by a vote of 6:0 (Alderete absent), the Planning Commission adopted a resolution approving Variance No. 2015 -06 as conditioned to allow a reduction in parking for Planet Fitness at 1760 East Edinger Avenue located in the Specific Development No. 69 (SD69). The Planning Commission added a condition to require two additional bike lockers in addition to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The proposal consists of the remodel of an existing 23,397 square foot building for use as a Planet Fitness health club. The exterior remodel will include reorienting the main entry from the north to the east elevation to facilitate the use of underutilized parking area facing Richey Street. Based on the Santa Ana Municipal Code, the parking requirements to convert this existing retail space to a health center would create deficit of 412 parking spaces, or 33 percent of the required parking. Based on a shared parking analysis, the shared supply of 85e existing parking spaces in the integrated commercial center would result in a surplus of 81 spaces during weekday and weekend peak hours. Full -sized plans are available for public viewing in the Clerk of the Council Office. 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). 31A-1 Variance No. 2015 -06 October 20, 2015 Page 2 u' There is no fiscal impact associated with this action. L assan Haghar}, AICP Executive Dire or Planning & Building Agency MM:rb M:IREPORTSU- C\va1b0S 1760 E Edingw= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR I' Iannluin ouni °Mrfissuoin Action PLAw" N NG COMMISSION IldEICTING IL1Atl'EE SEPTEMBER 28, 2015 `rn' .E' PUBLIC HEARING — VARIANCE NO. 2015 -06 TO ALLOW A REDUCTION IN PARKING FOR PLANET FITNESS AT 1760 EAST EDINGER AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Melanie G. McCann ctcn WWW .Ww WWW xcG mmv( e m� M� RECOMMENDED ACTION PLANNING G COMMiIpV";"nMN Sr:C"r�RM! "D'ARlY APPROVED D As Recommended As Arnewded E] So Pubhc Hear nrt For DENIED C.I Arplicani's Request [:1 Staff P'; te.cornfrir,r'id ation CON INI.,1ED 10 AcAing Nola nii pct M ag r Adopt a resolution approving Variance No. 2015 -06 as conditioned. DISCUSSION Request of the Applicant Chase Villafana, representing Planet Fitness, is requesting approval of a variance from Section 41- 1375 of the Santa Ana Municipal Code (SAMC) to allow a reduction in required parking for a health and fitness club within PacificCenter located at 1760 East Edinger Avenue. Project Location and Site Description The subject project is located on a 2.19 -acre parcel that is integrated into a larger 16.4 -acre commercial center. The commercial center is a local and community serving destination containing a Home Depot and three freestanding eating establishments, namely a House of Pancakes (IHOP), El Pollo Loco and Jack -in- the -Box. The Planet Fitness health club use is proposed to occupy the existing 23,397 square foot building at 1760 East Edinger Avenue that was previously occupied by Staples retail store. The PacificCenter commercial site is located on Edinger Avenue east of Lyon Street and west of Ritchey Street. The site is surrounded by a variety of commercial, office and industrial businesses to the north, south, east and west (Exhibits 1, 2 and 3). EXHIBITA 31A-3 VA No. 2015 -06 September 28, 2015 Page 2 Project Description The applicant proposes to remodel an existing 23,397 square foot building for use as a Planet Fitness health club. The exterior remodel will include reorienting the main entry from the north to the east elevation to facilitate the use of underutilized parking located near Richey Street. The remodeled building entry will include a new metal awning, architectural and landscape enhancements to frame the main building entry, outdoor seating, and bicycle parking. The existing doors on the north elevation will be for exiting only, and will be posted as such with interior panic bars for emergency exiting. The overall PacificCenter includes a total of 860 existing parking spaces. Due to the proposed Planet Fitness reorientation of the main entry and related parking and landscape modifications, the site will be reduced by four spaces for a total of 856 parking spaces. Based on the Santa Ana parking code, re- occupying of the 23,397 square foot vacant retail with the proposed Planet Fitness requires 1,268 parking spaces for the center, resulting in a parking shortfall of 412 parking spaces (Exhibits 4, 5, 6, 7 and 8). Planet Fitness will be open 24 hours a day, seven days a week, excluding holidays. Its services will include exercise instruction for weight and cardiovascular training and physical fitness improvement, all aimed at promoting a healthy active lifestyle. Some examples of exercise equipment to be provided include bikes, cross trainers, elliptical, stepmills, treadmills, as well as a variety of bench and press features. The health and fitness center will be staffed by approximately 13 to 15 employees, with approximately six to seven employees working per shift. Project Background The retail portion of PacificCenter was developed in 2000, as part of a larger master plan for the area. City records show that the 23,397 square foot building proposed for the new Planet Fitness use was occupied by Staples retail store from 2001 through 2013. The building has remained vacant since Staples closed its doors in 2013. Planet Fitness was founded in 1992 in New Hampshire, opening the chain's first franchised operation in 2003. Its business model targets to serve the "occasional or first time" gym users at an affordable price. Planet Fitness now has more than 800 locations throughout the United States, including the Planet Fitness located at 2725 North Bristol Street, which opened in Santa Ana in May 2014. General Plan and Zoning Analysis The General Plan land use designation for the site is Industrial (IND), which allows a wide range of manufacturing and industrial uses, as well as ancillary commercial uses. The proposed health club use is intended to serve the needs of surrounding business and residents, and is consistent with the general plan land use designation. 31A-4 VA No. 2015 -06 September 28, 2015 Page 3 The subject site is within the Specific Development Plan (SD -69), established for the PacificCenter development in 1999. The SD -69 Zoning District (Area 1) allows for a variety of commercial and service uses by right, including health club and gymnasium. Therefore, the use is consistent with the zoning designation. Project Analysis Planet Fitness is seeking a variance for a reduction in required parking. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The entire PacificCenter commercial center currently contains 856 parking spaces to serve all the retail and services uses. The existing parking adjacent to the proposed Planet Fitness building will be modified and restriped as part of the new main entry on the east elevation. This will include relocating the handicap parking spaces and adding landscape planters to frame the new entry. Section 41 -1375 of the SAMC requires one parking space per 28 square feet of physical activity area for health clubs. Based on these calculations, 497 stall are required for the health club project (calculated from approximately 13,896 square feet of activity area), with a total of 1,268 parking spaces required for the entire commercial site. The 1,268 number results from 497 stalls for the health club, 659 stalls for the Home Depot retail store, and 122 stalls for the three eating establishments. Based on the SAMC parking requirements, a deficit of 412 parking spaces or 33 percent of the required parking would occur. 31A-5 VA No. 2015 -06 September 28, 2015 Page 4 To analyze whether the existing parking on the site could accommodate the use, and therefore substantiate the variance request, the applicant hired the traffic engineering firm of Linscott Law & Greenspan to provide an alternative parking standard for the health club, and to prepare a shared parking analysis of the site, and study the impacts on other commercial centers that share similar multiple land uses. Using procedures developed by the Urban Land Institute (ULI) for shared parking, hourly demand profiles for a typical non - holiday week were applied for the four relevant land uses (retail, family restaurant, fast -food restaurant and fitness center), For this study a ratio of 5.5 spaces per 1,000 square feet was used to account for the unique trip making and parking characteristics of the health club based on actual field studies of other health club operations. Note that while the sample health clubs varied in overall building size, the ratio of "physical activity" space to "ancillary" (lockers, lobby, hallways, etc.) space was similar to the proposed Planet Fitness, with range of 60 to 68 percent of "physical activity' space per fitness center. Based on further analysis, PacifiCenter's overall peak requirement, assuming full occupancy and completion of the proposed Planet Fitness project, is at 6:00 p.m. during the weekday with a forecast of 775 parking spaces. On the weekend, the peak parking requirements for PacifiCenter will occur at 5:00 p.m. when a parking demand of 775 spaces is forecasted (Exhibit 9). The parking study took into the account the restriping and the four displaced parking spaces included in the site remodel when calculating the potential surplus parking for the center. Thus, based on the shared supply of 856 parking spaces, a surplus of 81 spaces would result during weekday and weekend peak hours. Since 2000, the City has considered similar request for parking variance for health clubs in five different locations in Santa Ana: Bally Total Fitness (now LA Fitness) at 3701 South Plaza Drive, LA Fitness at 1501 North Tustin Avenue, Gold's Gym at 1945 East Seventeenth Street, Planet Fitness at 2725 North Bristol Street, and 24 Hour Fitness at 2800 North Main Street. Parking variances at these locations were approved with reduction in parking of approximately 30, 31, 51, 50 and 20 percent respectively. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The proposed use will be located within a built -out commercial center on Edinger Avenue that is a major transportation corridor and surrounded by commercial, office and light industrial uses. Due to its location, there is no feasible option to providing additional parking the Santa Ana Municipal Code requires for a health club. The number of on -site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of parking will be provided for the project given the dynamic of shared parking on -site. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial community serving uses. 31A-6 VA No. 2015 -06 September 28, 2015 Page 5 ® The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to lease the building to a use that will contribute to identifying the site as an economically viable development. The tenant space that is the subject of this application accommodated an office supply retail tenant that was not successful in remaining viable. The granting of the variance will allow a new type of commercial use to establish itself in the existing commercial center, contributing to the overall success of the PacificCenter commercial integrated development. • The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards. As communicated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours on both weekdays and weekends. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial, office or industrial neighborhoods. Further, the granting of the variance will allow the property owner to fill a long- vacant tenant space, contributing to the vitality and success of the existing commercial center. Finally, conditions have been placed to ensure that the site be in compliance with development standards applicable to the property, including providing bike parking facilities and drought tolerant landscape for new landscape planters at the project entry. • The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project is in compliance with the Specific Development No. 69 zoning district and addresses the public interest of having more fitness center to serve their needs and promote wellness. The project site has been upgraded to comply with all applicable development standards. Goal 2 encourages uses that enhance the City's economic and fiscal viability. After being vacant for a number of years, the project's occupation in the building will benefit the economic viability of the area. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Planet Fitness will be located in a commercial center and its operation will be compatible with the surrounding commercial, office and industrial businesses and their operations. The fitness center will also provide services to local business employees that promote wellness. Public Notification The project site is located south of the Lyon Street Neighborhood Association boundaries. The Lyon Street Neighborhood Association was notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-7 VA No. 2015 -06 September 28, 2015 Page 6 In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption is applicable to a project that consists of the operation, repair, maintenance, permitting, or leasing of existing structures. The project consists of exterior modification and re- tenanting of an existing retail store. No expansion of square footage is proposed as part of the project. In addition, the structure is already served by municipal services, such as roadway and utilities. Categorical Exemption Environmental Review No. 2015 -35 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2015 -06 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm M: \REPORMPC \va15 -061760 E Edinger.pe Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Overall Site Plan Exhibit 5 — Project Plan Exhibit 6 — Floor Plan Exhibit 7 — East & North Elevation Exhibit 8 — Landscape Plan Exhibit 9 — Parking Analysis 31A-8 VAR 2015 -06 PLANET FITNESS 1760 EAST EDINGER AVENUE - --500 FEET 1 "= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31A-9 H I G H SCHOOL � I D U S T I A L w ~ w W W AUTO MALL I N D U S T R I A L INDU TRIAL~ N 7 ° INDUSTRIAL z COMME CIAL E D I N G E R AVENUE INDUSTRIAL 0 r � J � INDUSTRIAL C 0 M M E R C I A L VAR 2015 -06 PLANET FITNESS & 1 SV 760 EAST EDINGER AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 VAR 2015 -06 PLANET FITNESS 1760 EAST EDINGER AVENUE I */:II1kffC] 31A-1 1 40 J V o vc q uj M 0 0 If /�7 oz ti - O—CF-0--lo 0 r.o. 0 0 F,X Li I BIT 4 31A-12 SOLZ6 VD'VNV VINVS'3AVH30NIM:. L4 E SS3NlI� igN`d�d a o 5 wo "o 0 59 5 Z m_ ' ;,N 'oa ,�i; %fiU111WWIfWL'Ifl:.. V o�LL Y O 0 0 Op O O O 15 I I § I I I I r i 3 tl I I j ®P. _........ S it i a I li ¢wwm j I I , t ? O I WQNm ZQ ' 77771a- _ t I m I 9 i �: v e s e_ z j - 6 a ° 3 L ~ I l a N I 5 E )3$Ai �t .. \ . \!j / a . . _�_ . -------- . , y ' /\\ \2j\jN /� ;}! \� \ � � �t .. \ . \!j / a . . _�_ . -------- . , h9 "" 901Z6'VO'VNVViNVS 3AVHJ ONI0330Wt SS3NlI:J 13Nt/.,d Y I O O." Ni Y I I I C, j o, r � i I y Vn aj o o ysr3' 1i c 0 i T� w { ( � a ( !% , I, =I, 0 EXHIBIT 7 n Jo; 9OL3E'VO'VNV V1NV53AV 830NIO3309LL �dn SS�NlI� iDNV]d M o q t 99 d F,7 4 ., l i9 N ✓ _. .. 19 f a �I Irf 1 / o ILI w w w , k tq t b 1 � I a j4eA �f 0 N b b ¢ � .0-10 .0'4 A-.0 J ' N f� N I f m O r ® + O Z EL m mw ao a 3 Z m ¢ ww F Q cC d Z {-ry 0 UI Ul >� M O L9 w a s Q m wm QW WU) LU U) ¢ w �? 0dUM1 z wz .. O U W Q, V) 4�') 00 U c0 7 x¢ 0 2 N ¢ 00 Nv, Cl wa QWF-W o ¢¢ d 2Q o } LL C �x"ar. m a n; fs h c W Q h ✓yy d W VO o / W m ¢ Z ¢O z rc 6 Q -QO 35 Q m w U ci DOZ U W K ¢ N m 2 ¢ zi g �w. m ¢ mIw-QO ( o0 p W U 0m� EE W 6 W ¢J¢Q lin woom W m i �. v0o20n�u tal W .x W z W z a w Jp A-, < w Luz I2F tco U O o OOUa ¢ N m N 0' g yZ K S o¢ ¢a�i E HIBIT 8 September 1, 2015 Engineers &Planers Traffic liansportation Mr. Chase Villafana Parting President of Construction PFCali LLC LiNi {CfeCP, L4'kIMf K 320 Yonkers Avenue ¢nmuffispap,@.gpnnn Yonkers. New York 10701 2 Executive Circle Suite 250 LLG Reference No. 2.14.3550.1 livine,CA92sf4 949.925X175, 94U25.6173 r Subject: Revised Parking Demand Analysis wmil0angincen.cmn Proposed Planet Fitness at PacifiCenter Santa Ana, California Pasadona (Vine Dear Mr. V i I lafan a: Sae piano Woo land Hills As requested, Linscoit, [..aw, & Greenspan, Engineers (LLG) is pleased to submit this Revised Parking Demand Analysis associated with the proposed Planet Fitness at PacifiCenter (herein referred to as Project). PacifiCenter is located generally south of Edinger Avenue, east of [.,yon Avenue and west of Ritchey Street at 1720 — 1760 Edinger Avenue in the City of Santa Ana, California. PacifiCenter is an existing retail center comprised of five (5) buildings with a total floor area of 166,471 square -feet (SF) of floor area. The current tenant mix, which occupies 141.074 SF, includes The Home Depot, an El Pollo fast -food restaurant with drive -1111111, a Jack -in- the -Box fast -food restaurant with drive - through and an 1HOP restaurant. The remaining floor area at PacifiCenter consists of the 23,397 SF former Staples retail building, which is proposed to be remodeled and occupied by a health and fitness club. Pursuant to the City of Santa Ana requirements, a parking study is required as part of the occupation of 23,397 SF of vacant retail- designated floor area by Planet Fitness to ensure that adequate parking is provided at PacifiCenter upon full occupancy of the site. The parking analysis evaluates the retail center's parking requirements based on the City of Santa Ana Municipal Code as well as the methodology outlined in the Philip Llnsaoli, PEnflrn mm) I Urban Land Institute's (ULI) Sllared Prn king, 2 nd Edition. Jeak R Graanepan, PE nes i Wilharn A. Law, PE Iauu NO W_ Wilkinson, PE The study focuses on the following: John P Kaehng, PE GaV,d S. Shender, PE Calculates the Code —based parking requirements for PacifiCenter [lased on the Jahn p. Boa roran, PE application of City Code parking ratios Clare M. Look- Jaeger, PE Nichad E. Barrow, PE Kull B. MaSany, PE VAMAn ONaB GbI rwm1111J efi Mr. Chase Villafana September I, 2015 Page 2 Estimates parking demand through the application of the Shared Parking concept Compares the estimated shared parking demand against the existing parking supply, in order to identify any potential, operational surplus or deficiency in parking spaces Our method of analysis, findings, and recommendations are detailed in the following sections of this report. Briefly, we find the following: The existing parking supply on the site totals 860 spaces. However, with proposed building access and landscape modifications, the site's parking supply will be reduced by four (4) spaces for a total of 856 spaces. A "code" calculation for full occupancy of the existing center with re- occupancy of 23,397 SF of vacant retail with the proposed Planet Fitness requires 1,268 spaces, resulting in a parking shortfall of 412 spaces. A shared parking analysis using city code ratios along with ULI parking profiles yields a peak parking demand of 775 spaces that when compared to the 856 provided spaces results in a surplus 01'81 spaces. PROJECT LOCATION AND DESCRIPTION PacifiCenter is located generally south of Edinger Avenue, cast of Lyon Avenue and west of Ritchey Street at 1720 — 1760 Edinger Avenue in the City of Santa Ana, California. Figure I, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Figure 2 presents the existing aerial photograph of the site that illustrates the existing buildings and parking areas, as well as the location of the proposed Project. PacifiCenter is an existing retail center with a total floor area of 166,471 square -feet (SF) of retail and restaurant uses within five (5) buildings with tenant addresses of 1720 — 1760 Edinger Avenue. Of the total development, 143,074 SF is current occupied. Table 1 -1, located at the end of this letter report, following the figures, summarizes the existing land uses /tenants and associated floor areas for PacifiCenter. A review of Table 1 -1 indicates that the occupied floor area consists of three (3) eating establishments with a total floor area of 11,226 SF and 131,848 SF of retail. 31A -19 Mr. Chase Villafana September 1, 2015 Page 3 The proposed Project includes the renovation of 23,397 SF of vacant retail floor area to a health /fitness club to be occupied by Planet Fitness. Figure 3 presents the Planet Fitness floor plan. Based on a field assessment, the existing on -site parking supply for the PacifiCenter totals 460 spaces. However, the Project is proposing to modify the parking layout to accommodate a new building entry and enhanced landscaping and will provide 456 spaces. For detailed study purposes. the parking areas were divided into five (5) zones as illustrated on Figure 4. Table I -2 provides a breakdown of the parking supply provided within each zone, which are identified as Zones A through E in Table 1 -2. PARKING SUPPLY- DEMAND ANALYSIS This parking analysis for the PacifiCenter involves determining the expected parking needs, based on the size and type of proposed development components, versus the parking supply. Typically, there are two methods that can be used to estimate the site's peak parking needs. These methods have been used in this analysis and include: Application of City code requirements (which typically treats each tenancy type as a "stand alone" use at maximum demand). Application of shared parking usage patterns by tine -of -day (which recognizes that the parking demand for each tenancy type varies by time of day and day of week). The shared parking analysis starts with a code calculation for each tenancy type. The shared parking methodology is concluded to be applicable to a development such as the PacifiCenter because the individual land use types (i.e., retail, eating establishments, fitness center, etc.) experience peak demands at different times of the day. CODE PARKING REQUIREMENTS The code parking calculation for PacifiCenter with the proposed Project is based on the City's requirements as outlined in Chapter 41 — Zoning, Article X(! Off- Sfreer Parking of the City of Santa Ana Municipal Code. The City's Municipal Code specifies the following parking requirements: Restaurant, cafe, etc: ten (10) spaces per 1,000 SF of Gross Floor Area (,GFA). 31A-20 G I OZ-�t -to M�q I do] 5.p j-j0qq�\6MP\DUD uns oqwi,lz%oow\:. 7 IT lyll"M rall IT vs, fIjI �zj Of C kf If, �f!,Tf IT �t 31A-21 C) 0 U 6i �D 0 �u > z C) CL on on Lu z C) 0 U 6i 31A-22 Mr. Chase Villafana September 1, 201.5 Page 4 u Retail stores and service uses: five (5) spaces per 1,000 SF of GFA. Exercise gyms, spas, health clubs, etc: 1 space for each 28 SF of GFA devoted to physical activity other than racquetball or handball (exclusive of locker rooms, shower facilities, utility rooms, and ancillary public area) plus 2% spaces for each racquetball and handball court. Table 2 presents the existing code parking requirements for only occupied floor areas at the center, then for the proposed Project, and then combined for the entire center. As shown, direct application of City parking codes to the existing and proposed mix of uses of PacifiCenter results in a total parking requirement of 1,268 parking spaces. Of this total, the proposed Project would require 447 spaces based on application of the City's parking code requirement for a health /fitness club use. With a parking supply of 856 spaces, a theoretical code shortfall of 412 spaces is indicated. However, the specific tenancy mix of PacifiCenter provides an opportunity to share parking spaces based on the utilization profile of each included land use component. The following section calculates the parking requirements for PacifiCenter based on the shared parking methodology approach. Similar Mixed -Use Development Projects Similar type mixed -use projects, which include a health /fitness club within a mixed - use setting, include Gold's Gym at Metroplace and Planet Fitness at Floral Park Promenade, both within Santa Ana, and Planet Fitness at Kmart Plaza in Costa Mesa. The Gold's Gym at Metroplace occupies 42,700 SF of floor area within the existing retail center that has a total floor area of 127,777 SF and a parking supply of 655 spaces. The mix of uses at Metroplace consists of retail, food use, health/fitness club, financial services and a child care facility. LLG prepared the parking study for this project in June 2011. Planet Fitness at Floral Park Promenade occupies 18,600 SF of floor area within an existing retail center that has a total floor area of 76,000 SF and a parking supply of 366 spaces. The mix ofuses at Floral Park Promenade consists of child care facility, health /fitness club, service retail, medical /dental uses, office space, food /restaurant uses and retail shops. LLG prepared the parking study for this project in September 2013. Planet Fitness at Kmart Plaza occupies 16,440 SF of floor area within an existing retail center that has a total floor area of 188,662 SF and a parking supply of 755 spaces. The mix of uses at Kmart Plaza of a retail space, health /fitness club, service 31A-23 Mr. Chase Villafana September 1, 2015 Page 5 retail, medical /dental uses, office space and food /restaurant uses. I,I.G prepared the parking study for this project in September 2014. SHARED PARKING ANALYSIS Shared Parking Methodology Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peals requirements for each land use. Due to the existing and proposed mixed -use characteristics of PacifiCenter, opportunities to share parking now occur and can be expected to continue with full occupancy. The objective of this shared parking- analysis is to forecast the peal< parking requirements for the project based on the combined demand patterns of different tenancy types at the site. Shared parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week. When uses share common parking footprints, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day lot- weekdays versus weekend days), rather than individual peak ratios as represented in the City of Santa Ana Zoning Code. In that way, the shared parking approach starts from the City's own code ratios and results in the "design level" parking supply needs of site. It should be noted that the "demand" results of the shared parking calculation are intended to be used directly for comparison to site supply. No further adjustments or contingency additions are needed because such contingencies are already built into the peak parking ratios and time of day profiles used in the calculation. There is an important common element between the traditional "code" and the shared parking calculation methodologies; the peak parking ratios or "highpoint" for each land use's parking profile typically equals the "code" parking ratio for that use. The analytical procedures for shared parking analyses are well documented in the ,Shared Parking 2 "`Edition publication by the Urban Land Institute (ULI). Shared parking calculations for the analysis utilize hourly parking accumulations developed from field studies of single developments in free- standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the 31A-24 Mr. Chase Villaf-ana September 1, 2015 Page 6 shared parking approach illustrates how, at other than peak parking demand times, an increasing surplus of spaces will service the overall needs of the center. Key inputs in the shared parking analysis for each land use include: • Peak parking demand by land use for visitors and employees. • Adjustrncnts for alternative modes- of transportation, if applieahle. • Adjustment for internal capture (captive versus non - captive parking demand), if applicable. • Hourly variations of parking demand. • Weekday versus weekend adjustment factors. • Monthly adjustment factors to account for variations ofparking demand over the year. • City of Santa Ana Parking Ratios outlined in Chopler {I — Zoning, Artiele A'K Off- Snreet Parking of the City of Santa Ana Municipal Code. Please note that for this analysis, no monthly adjustment factors to account for variations of parking demand over the year and no alternative modes of transportation or internal capture adjustment factors were applied to provide a conservative parking demand forecast. Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the PacifiCenter are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2 "`r Edition. The ULI publication presents hourly parking demand profiles for four (4) general land use categories: retail, family restaurant, fast -food restaurant and fitness center. The UIJ profiles of parking demand have been used directly, by land use type, in tine analysis of this site and are applied to the City's applicable parking ratio, with the exception of the fitness club /health club. The ULI retail use. profiles are applied directly to the existing Home Depot. In doing so, there is an intermediate step in expressing ULI profiles as a percentage of the week -long peals, thus arriving at a weekday profile and weekend profile each expressed as a percentage of the baseline parking ratio (ULI actually starts with separate ratios for weekday and weekend day, and develops profiles for each accordingly; we've found it more convenient to translate both profiles to a percent of expected maximum demand, which, for retail, turns out to be on a Satm•day). The resulting profiles represent the most likely hourly parking demand profile, and are applied to the City's retail parking ratio of 5 spaces per 1000 SP of floor area. Peak 31A-25 Mr. Chase Villafana September 1, 2015 Page 7 demand for retail uses occurs between 1:00 PM -2:00 PM on weekdays, and 2:00 PM -4:00 PM on weekends. The ULI Shared Parking publication includes several categories for restaurants. For this analysis, the parking profile for family restaurant and fast -food restaurant were utilized as each of the categories match the current restaurant tenant mix at PacifiCenter. As noted earlier, the mix of restaurants at the PacifiCenter would fall into the following categories: ❑ 6,000 SF Family Restaurant (1HOP) ❑ 5,226 SF of Fast -Food Restaurant with Drive - Through floor area (Jack -in -the Box and El Polio Loco) Like the retail profiles, the family restaurant and fast -food restaurant profiles are derived exactly from the LU baseline. The restaurant - parking ratio utilized in this analysis is based on the City code rate of 10 spaces per 1000 SF of floor area. According to the Shared Parkhag publication, a family restaurant use peak demand occurs between 12:00 PM and 1:00 PM on weekdays and weekends. For fast -food uses peak demand occurs between 12:00 PM and 2:00 PM on weekdays and weekends. The health club profiles were also directly derived from ULI. For health clubs, the peak demand occurs between 6:00 PM - 7:00 PM on weekdays and 5:00 PM — 6:00 PM on weekends. For this study, an empirical ratio of 5.5 spaces per 1,000 SF was applied to the proposed health club in order to account for the unique tripmaking and parking characteristics of the health club that are not reflected in the City Code ratio. Actual field studies that were previously conducted for 24 Hour Fitness, LA Fitness, and Spectrum Club have resulted in empirical parking rates that are much lower than city code ratios for health clubs. LLG's prior field studies 'for LA Fitness and Spectrum Club concluded that larger (greater than 30,000 SF), more "amenitized" health clubs have much lower parking ratios compared to typical city code ratios. A review of floor plans of a currently proposed 38,000 SF 24 -Hour Fitness as well as two existing facilities with floor areas of 30,020 SF and 38,990 SF indicates that the ratio of "physical activity" space to "ancillary floor area / space designated for amenities" varies for each fitness/health club but is very similar to that of the proposed Planet Fitness health /fitness club, as approximately 60 to 68 percent of the floor area is allocated for "physical activity" while the remaining 32 to 40 percent of the floor area is occupied by locker rooms, retail/reception area, storage, kids roan, office., circulation, etc.). Based on review of 31A-26 Mr. Chase Villafana September 1, 2015 Page 8 the Planet Fitness floor plan, approximately 60 percent of the floor area (13,896 SF) is designated for "physical activity ", while the remaining 40 percent (9,501 SF) is allocated for ancillary uses (Le. locker rooms, storage /hallway, lobby, etc.). It is noted that the approved Planet Fitness at Floral Park Promenade had approximately 61 percent of the floor area (1 1,404 SF) designated for "physical activity ", while the remaining 39 percent (7,196 SF) was allocated for ancillary uses (i.e. locker rooms, storage /hallway, lobby, etc.). The split for the Planet Fitness at Kmart Plaza is very similar as well with 62 percent set aside for "physical activity- and 38 percent set aside for ancillary uses. 'therefore, since the proposed split between actual fitness area vs ancillary area are very similar to what was studied previously. including the Planet Fitness at Floral Part< Promenade and at Kmart Plaza, LLG concludes that the operational characteristics would function similar as well. Given the above, the use of an empirical ratio of 5.5 spaces per 1,000 SF for health /fitness clubs is applicable to the proposed Planet Fitness at PacitiCenter. As can be seen from the following summary of peak parking rates (reflecting peak parking conditions on a weekday), the empirical ratio of 5.5 spaces per 1,000 SF applied to Planet Fitness in the shared parking calculations is appropriate, yet conservative design -level ratio based on the likelihood that actual parking needs may be lower than anticipated: City Code: LA Fitness Studies: ITE Parking Generation: 2009 24 Flom Fitness Study: (plus 17% contingency) Spectrum Club Study 2009 24 Hour Fitness Study: (for UFC Gym) 35.7 spaces per 1000 (or I space per 28 SF) 5.5 spaces per 1,000 SF F used in this study 5.27 spaces per 1,000 SF 5 spaces per 1,000 SF 4.50 spaces per 1,000 SF 4.28 spaces per 1,000 SF Please note that the use of an empirical parking rate of 5.5 spaces per 1,000 SF is considered conservative given the 4th Edition of Parking Generation, published by the Institute of Transportation Engineers (1TE) [Washington, D.C., 2010] indicates that the average peak parking demand for ITE; land Use: 492 Health /Fitness Club amatrnts to 5.27 spaces per 1,000 SF. Application of Shared Parldng Methodology Tables 3 and 4 presents the weekday and weekend parking demand profiles for PacifiCenter based on the shared parking methodology, assuming occupancy of 23,397 SF of vacant retail space with a health /fitness club to be occupied by Planed Fitness. 31A-27 Mr. Chase Villafana September 1, 2015 Page 9 Columns ( I ) through (4) of Tables 3 and 4 present the parking accumulation characteristics and parking demand of PacifiCenter for the hours of 6:00 AM to midnight. COILm1n (5) presents the expected joint -use parking demand for the entire site on an hourly basis, while Column (6) summarizes the hourly parking surplus /deficiency for the existing retail center compared to a shared parking supply of 856 spaces. Note that the sizing (floor area) of each land use / tenant, and recommended parking rates are included in the tabular headings of each type. Appendix A contains the weekday and weekend day shared parking analysis calculation worksheets. Based on our experience, the shared parking approach summarized in theses tables are believed to be the most appropriate in evaluating the parking supply- demand relationships for the PacifiCcnter with the proposed Project. The results in these tables are the focus of this parking investigation and recommendations. Shared Parking Analysis Results and Conclusions Review of Table 3 indicates that the overall peak - parking requirement for the PacifiCenter, assuming full occupancy and completion of the proposed Project, during a weekday will occur at 6:00 PM with forecast peals demand of 775 spaces. On a weekend day, the peals parking requirements for PacifiCenter with the proposed Project will occur at 5:00 PM, when a parking demand of 775 spaces is forecast as well (see Table 4). Based on the existing shared parking supply of 856 spaces, a surplus of 81 spaces would result during the weekday and weekend peal: hours. Figures 5 and 6 graphically illustrate the weekday and weekend hourly parking demand forecast for the Project, respectively. Each land use component and its corresponding hourly Shared Parking demand for various mixes of uses, which were presented in Tables 3 and 4, are depicted in these two figures relative to a shared parking supply of 856 spaces. A review of these figures indicate that the retails center's available parking supply of 856 spaces will adequately accommodate the PacifiCenter' s weekday and weekend hourly shared parking demand of all existing and future uses, including the proposed Project, for all morning, midday, afternoon and evening hoes. Given these results, we conclude that there is adequate parking on site to accommodate the proposed occupancy of 23,397 SP of vacant floor area at PacifiCenter with the proposed Planet Fitness health club. 31A-28 Mr. Chase Villafana September I, 2015 Page 10 SUMMARY OF FINDINGS AND CONCLUSIONS PacifiCenter is an existing 166,471 square -foot (SF) retail center located in Santa Ana, California and has a proposed parking supply of 856 spaces. At the time of our parking demand field study, the center had a current occupancy of 143,074 SF and a vacancy of 23,397 SF. The current mix of uses /tenants has been re- confirmed by PF Cali LLC. 2. This parking demand analysis evaluates the existing tenancy condition as well as with full occupancy of the center and a proposed Planet Fitness health /fitness Club within 21397 SF of vacant retail- designated floor area 3. Direct application of City parking codes to the existing mix of uses at PacifiCenter and the proposed Project results in a total parking requirement of 1,268 parking spaces. With a tirture parking supply of 856 spaces, a code shortfall of 412 spaces is calculated. 4. Given the mix of center tenancies, a shared parking analysis has been prepared and indicates that the proposed parking supply at PacifiCenter will be sufficient to meet the projected peak parking demands of existing mix of uses and the proposed health /fitness club. The weekday and weekend scenario results in a minimum surplus of 81 spaces. We appreciate the opportunity to prepare this analysis for Planet fitness at PacifiCenter. Should you have any questions or need additional assistance, please do not hesitate to call Shane Green or me at (949) 825 -6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barreiro, P.E. Principal cc: Shane S. Green, P.E., Transportation Engineer Ill Attachments 31A-29 TABLE 1.1 EXISTING AND PROPOSED TENANTILAND USE SLIMMARYI PLANET FITNESS AT PACIFICENTER Address Tenant Land Ilse Building Size (SF) 1720 Edinger Avenue El Polio Loco Eating Establishment 2,588 SF 1730 Edinger Avenue ,lack in the Box Eating Establishment 2,638 SF 1740 Edinger Avenue International House of Pancal.es (IHOP) Eating Establishment 6,000 SF 1750 Edinger Avenue The Home Depot Retail 131,848 SF 1760 6'dinger Avenue Proposed Planet Fimes,s Nea/l/I Chrb 23,397 SP Summar v: Total Occupied Eating Establishment Square Footage 11,226 SF Total Occupied Retail Square Footage 131,848 SF Total Vacant Proposed Health Club Square Footage 23,397 SF TOTAL SITE SQUARE. FOOTAGE 166,471 SF Source: PF Cali LLC as of December 2014. The Hoare Depot consists of 107,920 SF fbr the building and 23,928 for the garden center for a combined total of 131,848 SF. 31A-30 ulowdu, sioz -cL - m 09:SL:£l dad a.Pe- yossr \fW \." orv� ,a��a��ypoa iP ssaay�.y ya�,md - osecn iz \oosc \:. d 0 of o o l Ll 94 I ILK IVE e v 0 i 31A-31 31A-32 TABLE 1.2 SUMMARY OF EXISTING PARKING SUPPLY3 PLANET FITNESS AT PACIFICENTER ' Based on field inventory conducted by LLG in December 2014. 4 Include three (3) spaces that are temporarily inaccessible due to a donation box located within the existing parking stall. s Include nine (9) spaces that are temporarily inaccessible and used as storage. Include one ( I ) space that are temporarily inaccessible due to a donation box located within the existing parking stall. ' Due to entry way to the proposed Planet Fitness and landscaping needs, the proposed parking supply for Zone G would total 130 spaces. This will result in a future parking supply of 856 spaces for the entire Center. s Spaces were taken off -line due to temporary storage areas and donation drop box locations resulting in an effective parking supply of 847. However, these spaces are considered temporary; therefore, they are counted towards the overall parking supply for the center. 31A-33 Type of Parking Space Pro / Contractor Zone Standard Handicap Only Trailer Only Total A 89 2 -- -- 91 B 2654 12 -- -- 277 C 188 10 12 4 214 D 1425 2 -- -- 144 E 1346 -- -- -- 1347 Total 1 814 26 13 4 8608 ' Based on field inventory conducted by LLG in December 2014. 4 Include three (3) spaces that are temporarily inaccessible due to a donation box located within the existing parking stall. s Include nine (9) spaces that are temporarily inaccessible and used as storage. Include one ( I ) space that are temporarily inaccessible due to a donation box located within the existing parking stall. ' Due to entry way to the proposed Planet Fitness and landscaping needs, the proposed parking supply for Zone G would total 130 spaces. This will result in a future parking supply of 856 spaces for the entire Center. s Spaces were taken off -line due to temporary storage areas and donation drop box locations resulting in an effective parking supply of 847. However, these spaces are considered temporary; therefore, they are counted towards the overall parking supply for the center. 31A-33 TABLE 2 CITY CODE PARKING REQUIREMENT PLANET FITNESS AT PACIFICENTER ' Sow ec: Ciro of kolm Ana Municipal Code, Chapter 47 — 7oning Aivicle AT 011- -Streel Parking. 10 Floor area represcnts the amowri ofsquare- Ibotage provided in the health club that is devoted to physical activity. Based on information provided by Urban Planning Concept. 13.896 sf of the total building square- footage (i.e. 14ee weights, aerobic. spin. etc_.) is devoted to physical activity. The remaining 9,501 q excludes locker rooms and other ancillary public areas. 31A-34 City of Santa Ana Spaces Land Use Size Code Parking Ratio" Required Existing Tenant Adis ❑ Eating Establishments 11,226 SF 10 spaces per 1,000 SF of'GFA. 112 ❑ Retail 131,848 SF 5 spaces per 1,000 SF of CFA. 659 1'aceml Sniles /Proposed Proiecl ❑ Proposed Planet Fitness 13 896 SF 7o ' I space per 28 SF of GFA plus 2.5 spaces 497 health /fitness club for each racquetball /handball court TOTAL: 1,268 A. TOTAL OCCUPIED PARKING CODE REQUIREMENT 771 B. TOTAL.., VACANT /PROPOSED PARKING CODE REQUIREMENT 497 C. TOTAL PARKING CODE REQUIREMENT BASED ON FULL OCCUPANCY 1,268 D. TOTAL EXISTING PARKING SUPPLY 856 E. PARKING SURPLUS /DEFICIENCY ( + / -) BASED ON FULL OCCUPANCY (D — C) -472 ' Sow ec: Ciro of kolm Ana Municipal Code, Chapter 47 — 7oning Aivicle AT 011- -Streel Parking. 10 Floor area represcnts the amowri ofsquare- Ibotage provided in the health club that is devoted to physical activity. Based on information provided by Urban Planning Concept. 13.896 sf of the total building square- footage (i.e. 14ee weights, aerobic. spin. etc_.) is devoted to physical activity. The remaining 9,501 q excludes locker rooms and other ancillary public areas. 31A-34 L W' U C) N' W II' J n� 0� O� ZI Y dl Q [L Fj U 7I O K n a� �I 0 m m uld— SIOZ-10 -60 VZLIi 60 dOl 6Mp'S— )OSSC \6xp \ouo o�,,s `�a�ueoi,�potl to .,d — OSSCb tG \OOS£ \:u 91 uufi ool r�rr � � ti � 31A-35 I c N N i N m m 0 m I %� S <: ° � °^ II011111�IINVOII�IIIllllml�l��i m, '.. oa I I _ ¢, of E, (swed5) puewap PulVed a, b 31A-35 (sa3ed5) puewap A-W-d 31A-36 o, o ° of o' o�+ x r um lia lomfw� I wtlwaw GLOZ -10 -60 9L 8ei 60 dGI 6mp9- JOSS£ \bmp \ouo off.- va11a1pp1nd , sszupy aaugd - OSS£b IZ \DOSS \,u ° o m m a ro o v W m " WI iv,/c I I �„ f o� m I � 0 I a KAM 0 0 w Elm a " I IIIIIIIIIII � l' a w - o (sa3ed5) puewap A-W-d 31A-36 o, o ° of o' o�+ x r um lia lomfw� I LS 9.28.15 RESOLUTION NO. 2015 -33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015 -06 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1760 EAST EDINGER 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. Applicant is requesting approval of Variance No. 2015 -06 to reduce the required parking standards for a health club within the PacificCenter retail center located at 1760 East Edinger Avenue. B. Variance No. 2015 -06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 28, 2015, to consider all testimony, written and oral. C. Variance No. 2015 -06 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41 -1375. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. The proposed use will be located within a built -out commercial center on Edinger Avenue that is a major transportation corridor and surrounded by commercial, office and light industrial uses. Due to its location, there is no feasible option to providing additional parking the Santa Ana Municipal Code requires for a health club. The number of on- site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of Resolution No. 2015 -33 31A-37 Page 1 of 6 parking will be provided for the project given the dynamic of shared parking on -site. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial community serving uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to lease the building to a use that will contribute to identifying the site as an economically viable development. The tenant space that is the subject of this application accommodated an office supply retail tenant that was not successful in remaining viable. The granting of the variance will allow a new type of commercial use to establish itself in the existing commercial center, contributing to the overall success of the PacificCenter commercial integrated development. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards. As communicated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours on both weekdays and weekends. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial, office or industrial neighborhoods. Further, the granting of the variance will allow the property owner to fill a long- vacant tenant space, contributing to the vitality and success of the existing commercial center. Finally, conditions have been placed to ensure that the site be in compliance with development standards applicable to the property, including providing bike parking facilities and drought tolerant landscape for new landscape planters at the project entry. Resolution No. 2015 -33 31A-38 Page 2 of 6 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project is in compliance with the Specific Development No. 69 zoning district and addresses the public interest of having more fitness centers to serve their needs and promote wellness. The project site has been upgraded to comply with all applicable development standards. Goal 2 encourages uses that enhance the City's economic and fiscal viability. After being vacant for a number of years, the project's occupation in the building will benefit the economic viability of the area. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Planet Fitness will be located in a commercial center and its operation will be compatible with the surrounding commercial, office and industrial businesses and their operations. The fitness center will also provide services to local business employees that promote wellness. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301(1), which is a categorical exemption applying to projects which consists of exterior modification and re- tenanting of an existing building involving negligible or no expansion of an existing use. In addition, the structure is already served by municipal services, such as roadway and utilities. Categorical Exemption Environmental Review No. 2015 -35 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2015 -06 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a health club within the PacificCenter retail center located at 1760 East Edinger Avenue. 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 September 28, 2015, and exhibits attached thereto; and the public written or oral testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -33 31A-39 Page 3 of 6 ADOPTED this 28th day of September, 2015. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 28, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -33 31A-40 Page 4 of 6 EXHIBIT A Conditions of Approval Variance No. 2015 -06 is 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. The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannino Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015 -15 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Covenants, Conditions, and Restrictions (CC &R's) for reciprocal parking and common access with adjacent property are to be maintained in perpetuity. 4. Prior to final certificate of occupancy, bicycle parking (eight short -term spaces and tvve four long -term locker spaces) shall be installed per approved site plan. Any modifications to the bike lockers overtime will require the approval of the Planning Manager. (Added by the Planning Commission on September 28, 2015.) 5. Prior to submittal into building plan check, submit a landscape plan that reflects the installation of drought tolerant landscaping and water efficient irrigation to be provided within new landscape planters. B. Police Department Existing tenant space and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Resolution No. 2015 -33 31A-41 Page 5 of 6 2. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events at both the front and rear parking areas with monitoring capability from management offices at the facility. Provide a tape or disc storage library of recorded cameras kept for a minimum of 60 days. Resolution No. 2015 -33 31A-42 Page 6 of 6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE; RESOLUTION FOR RECREATIONAL TRAILS PROGRAM GRANT APPLICATION {STRATEGIC PLAN NO. 5,4A) CITY IMAMAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended 71 As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a Recreational Trails Program Grant application in the amount of $1,875,566 for the construction of a bike trail. DISCUSSION The State of California issued a Notice of Funding Availability for the Recreational Trails Program to provide funds to organizations to acquire, develop and /or maintain motorized and non - motorized trail Projects. The program awards funds on a competitive basis from applications submitted. The proposed project site is approximately 1.75 miles of bike trail along the Greenville /Banning Flood Control Channel and Centennial Park. The proposed project will utilize an existing park and flood control channel to develop phase I of a key class I bike trail, connecting the residential and industrial area of the city to the Santa Ana Golden Loop Bike Trail. The route will extend from Segerstrom Avenue and the Greenville /Banning flood control channel to the Santa Ana River Regional Trail at Edinger Avenue (see exhibit). The application process for this program is lengthy. The state plans to announce recommendations for project funding in December 2015 /January 2016. In spring 2016, the state will perform an environmental review of the recommended projects. During the summer of 2016, Federal Highway Administration review will be undertaken. By fall /winter 2016 the state intends to enter into agreements with the applicants for a performance period of 5 years. The grant will provide up to 88% of the eligible cost and the City will commit to a 12% requirement, which would be $225,068. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy A (Support the 55A -1 Resolution for Recreational Traits Program Grant Application October 20, 2015 Page 2 design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and develop concepts and proposals for the Library Park In the Civic Center and Centennial Santa Ana River Eco- Park). FISCAL IMPACT This action Is intended for the submittal of the application and therefore funds are not committed at this time. if the City is awarded funding, PRCSA will return with a funding analysis identifying sources to commit funds. Gerardo Mouet, Executive Directo Parks, Recreatio and Community Services Agency EXHIBITS: 1. Resolution 2. Location Map 55A -2 Jmf 09/ 30/2015 RESOLUTION NO, 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM FOR A BIKE TRAIL PROJECT ALONG THE GREENVILLE /BANNING FLOOD CONTROL CHANNEL AND CENTENNIAL PARK WHEREAS, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" provides funds to the State of California for Grants to federal, state, local and non - profit organizations to acquire, develop and /or maintain motorized and non - motorized trail projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, these procedures established by the State Department of Parks and Recreation require a project applicant to certify by resolution the approval of its application before submission of the application to the State; and WHEREAS, a project applicant will enter into a contract with the State of California to complete the project; and WHEREAS, the City of Santa Ana wishes to make such an application for the bike trail project described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council approves the submittal of an application for $1,875,566 in grant funds through the State of California Recreational Trails Program to develop approximately 1.75 miles of bike trail along the Greenville /Banning Flood Control Channel and Centennial Park ( "Project "). The Project will utilize an existing park and flood control channel to develop phase I of a key class I bike trail, connecting the residential and industrial area of the city to the Santa Ana Golden Loop Bike Trail, The route will extend from the Segerstrom Avenue and the Greenville /Banning flood control channel to the Santa Ana River Regional Trail at Edinger Avenue. Section 2. The City Council certifies that the Project is consistent with the City's general plan or the equivalent planning document. Section 3. The City Council certifies that the City has or will have available prior to commencement of any work on the Project sufficient funds to operate and maintain the Project. Resolution No. 2015 -xxx Page 1 of 3 55A -3 jmf 09/30/2015 Section 4. The City Council certifies that the City has reviewed, understands, and agrees to the general provisions contained in the contract shown in the Recreational Trails Program procedural guide. Section 5. The City Manager or the Executive Director of the Parks, Recreation, and Community Services Agency, or his designee, is appointed as agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project. Section 6. The Project will comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Section 7. 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 20t" day of October, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 94& v%yL.'. `4.j Jyhn M. Funk Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A -4 Resolution No. 2015 -xxx Page 2 of 3 jmf 09/30/2015 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 20, 2015. Date Clerk of the Council City of Santa Ana Resolution No. 2015 -xxx Page 3 of 3 55A -5 'P�PM Y n r lILI - i' , � T, , , i' 55A -7 r - 4^ v/ U N �O a w 0 0 N 0 0 L a OD E 0 c 0 r- 3: 0 L N N m N N Y (6 E r-. C_ O a- 0 N L m m rn 0 0 L n. t6 Q r w y C •- �6 m � m O C C UV y • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: PROPOSED AMENDMENTS TO FISCAL YEAR 2015 -16 BUDGET FOR POLICE DEPARTMENT {STRATEGIC PLAN NO. 1,1 and 5,1} I ` CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p"•T• M El As Recommended El As Amended El Ordinance on 1®` Reading El Ordinance on 2nd Reading El Implementing Resolution El Set Public Hearing For FILE NUMBER 1. Adopt a resolution amending and reestablishing the City's basic classification and compensation plan and amending the Fiscal Year 2015 -16 annual budget to add four Police Officer positions and one Police Sergeant position. 2. Approve an appropriation adjustment in the amount of $725,869 from recognized prior year revenue and appropriating $725,869 into the Downtown Enhancements account. DISCUSSION On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the Downtown. A component of the plan involves adjusting parking meter rates effective October 1, 2015; parking structure rates will be adjusted upon completion of modernization improvements to the parking structures. These adjustments, calibrated to match market rate values, were designed to fund downtown amenities such as garage and alley improvements, additional police officers, a downtown map and guide, and a downtown and Civic Center shuttle. The City Manager is now requesting the addition of four Police Officer positions to the current annual budget, which will be assigned to the downtown to increase police presence and security measures. The proposed four additional officers are expected to be hired by February 2016. In the interim, additional coverage in the Downtown will be provided beginning November 1, 2015 through January 31, 2016 and will continue in the evening hours after the four additional officers are hired. 5513-1 Proposed Amendment to Fiscal Year budget October 20, 2015 Page 2 In addition, the Police Chief is requesting the addition of one Police Sergeant position. Among other duties, this additional Sergeant will be responsible for implementation of the upcoming body -worn camera program. This Sergeant will assist with body -worn camera program policy development, Request -for- Proposals development and evaluation, staff training, and implementation. Once the program is implemented, the Sergeant will be responsible for ongoing policy review, ongoing training issues, tracking vendor performance, and coordination of hardware repairs with Police Department Information Services. In addition, this Sergeant will be responsible for coordinating daily operational tasks, such as preparing and disseminating video evidence to the Courts, and coordinating the Police Department's response to public record requests related to the body -worn camera program. These additional positions capitalize on the opportunities presented by available and anticipated revenues to improve the safety, security and public trust of residents, business owners and visitors to the city of Santa Ana. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 — Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety) and 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 of the four proposed Police Officer positions and any additional coverage will total $725,869 for the remainder of the fiscal year. An appropriation adjustment of recognized prior year fund balance will recognize $725,869 into the Parking Fund Prior Year Carry Forward revenue account (no. 02710002 - 50001) and appropriate $307,917 into the Downtown Enhancements Salaries expense account (no. 02710133 - 61000) and $417,952 into the Downtown Enhancements Salaries Overtime expense account (02710133 - 61040). In FY 2016- 17, the Police Department will include the cost of $739,000 for these four proposed Police Officer positions using the Downtown Enhancements Salaries expense account (no. 02710133 - 61000) and $422,688 Downtown Enhancements Salaries Overtime expense account (02710133 - 61040). The cost of the proposed Police Sergeant position will be $184,500 per year. The Police Department's base budget includes $121,690 as part of the body -worn camera staffing that was appropriated during the FY 2015 -16 budget process. The balance of $62,810 will be absorbed this year through the Police Department operational cost savings. The Police Department will include the total cost for this position in the Department's FY 2016 -17 base budget. 55B -2 Proposed Amendment to Fiscal Year budget October 20, 2015 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: w Francisco Gutierrez Executive Director Executive Director Personnel Services Department Finance & Management Services Agency Perso zi S Vc ,s Department Carlos Rojas Police Chief Police Department 55B -3 55B -4 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD FIVE FULL TIME POSITIONS IN THE POLICE DEPARTMENT. 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. On July 7, 2015, the City Council passed and adopted Ordinance No. NS -2878, establishing the City's Budget and authorizing position allocations for Fiscal Year 2015 -2016, and requiring that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C. In keeping with the Santa Ana Strategic Plan goal of Community Safety, objective of modernizing the Community Policing Philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety, and the strategy of partnering with downtown business and merchant associations to enhance security measures and provide a safe environment (e.g., additional downtown Police Officers, body -worn camera program, additional security and police efforts, video surveillance, etc.), the Police Chief proposes adding five (5) full time positions in the Police Department budget. D. It is now desired to amend the Adopted Budget for Fiscal Year 2015 -2016, as amended, to effect these changes. Section 2: That Ordinance No, NS -2878, the Annual Budget for Fiscal Year 2015 -2016, shall be further amended by adding four (4) full time Police Officer positions and one (1) full time Police Sergeant position in the Police Department, at the monthly five -step salary rate ranges as indicated: 5 -Step Salary Rate Range Effective 07/01/13 Number of Monthly Salary Classification Title Positions Added SRR Minimum - Maximum Police Officer 4 690 $6050 - $7355 Police Sergeant 1 733 $7463 - $9073 55B -5 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2878 setting forth the Annual Budget for Fiscal Year 2015 -2016, as amended, shall remain in full force and effect. 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 20" day of October, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �SwSonia R. Carvalho AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -_ to be the original Resolution adopted by the City Council of the City of Santa Ana on October 20, 2015, Date: 55B -6 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended REVIEW AND ADOPT THE FY 2014 -15 ❑ Amended El O Or rdinance on 1� Reading SURPLUS ALLOCATION PLAN, AND ❑ Ordinance on 2" Reading APPROVE APPROPRIATION ❑ Implementing Resolution ADJUSTMENT ❑ Set Public Hearing For {STRATEGIC PLAN NO. 4, 1; 6, 1, 2} CONTINUED TO _/ a Z FILE NUMBER CITY MANAG ' R Recommended Action 1. Review recommendations and adopt a Fiscal Year 2014 -15 Surplus Allocation "List of Projects" for consensus approval by Mayor and City Council: Options • Review options and direct staff to make adjustments to the Fiscal Year 2014 -2015 Surplus Allocation Plan at the discretion of the Mayor and City Council. Approve a combination of surplus eligible projects from the 'List of Projects" and direct staff to appropriate funds in the amounts identified by the Mayor and Council. • Review and approve identified projects that are CDBG eligible according to the discretion of the Mayor and City Council funded by the sale of Bristol Street Remnant Parcels in the amount of $2,000,000. • Review and approve Santa Ana Regional Transportation Center's 'maintenance and improvements' in the amount of $3,800,000 pending completion of city -wide credit analysis indicating the use of the Economic Investment funds would have no adverse impact on the City's credit rating. Approve the establishment of the Council Special Projects Fund (fund 50) and the appropriation adjustment recognizing $11,250,000 from the Fiscal Year 2014 -15 General Fund Balance and appropriating the same to the Council Special Projects Fund expenditure and reserve accounts as outlined in the Surplus Allocation Plan. DISCUSSION During the Fiscal Year 2015 -16 budget approval process, the staff identified a substantial General Fund surplus due to increased revenue and decreased expenditures across the City. It was 65A -1 Budget Surplus Allocation Plan October 20, 2015 Page 2 estimated that the surplus would be at least $10 million in one -time funds. The City's Charter requires that the City Manager present a Fiscal Year Budget. Any available and unappropriated funds after the adoption of the budget are reviewed with input from the Mayor and City Council for use and allocation of these funds. Staff first met with the City Council individually and summarized those comments and priorities at the August 18, 2015 City Council Retreat. Staff also presented on the City's various funding needs that included parks deferred maintenance, safety and security needs, strategic investments, facility and asset repair /replacement, and technology upgrades that accumulated to nearly $60 million. The City Manager and Finance and Management Director began meeting with the Mayor and City Council to discuss the priorities and receive additional feedback. A revised budget surplus allocation proposal was presented at the September 15, 2015 City Council Meeting as a Work Study Session item. During this meeting, general consensus priority items were presented and staff was given direction to finalize the Surplus Allocation Plan and to continue receiving feedback from the Mayor and City Council. Direction was also given to identify additional funding sources to complete high priority projects that would otherwise not be completed, by utilizing the City's Economic Uncertainty Reserve Account, as well as the potential revenue from the sale of a CDBG surplus property (Attachment 4). Staff continued to meet with the Mayor and City Council, in addition to numerous community groups and residents. Attachment 1 represents the proposed Surplus Allocation Plan as best synthesized from the input of the Mayor and City Council. The Fiscal Year 2014 -15 budget surplus is $11,250,000. 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.) Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets.) Objective #2 (Address deferred maintenance on City buildings and equipment.) FISCAL IMPACT The appropriation adjustment will recognize and carry forward from Fiscal Year 2014 -15 an available General Fund balance (account no. 01102002 - 50001) of $11,250,000. This amount will be allocated to a new Council Special Projects Fund (account no. 05002002 - 59000 -011) and appropriated to various departments for projects over the next three fiscal years (Attachment 1): Fiscal Year Allocation Amount 2015 -16 (Current Year) $6,511,816 FY 2016 -17 $4,226,520 FY 2017 -18 $511,66 4 Total $11,250,000 65A -2 Budget Surplus Allocation Plan October 20, 2015 Page 3 Fiscal Year 2015 -16's appropriation will be distributed as follows: $6,511,816 to project expenditures and the remaining $4,738,184 to reserve appropriations. The reserve amount will then be reassigned per the Surplus Allocation Plan to various projects as part of the Fiscal Year 2016 -17 and Fiscal Year 2017 -18 budget process. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez S� Executive Director Finance and Management Services Agency Attachment 1: List of Projects - Surplus Allocation Matrix Attachment 2: Surplus Allocation Description Attachment 3: Public Letters & City Response Attachment 4: SARTC & Expressed Interest Items - Matrix 65A -3 65A -4 $Q W J Z W 6 U Q 2 0 O N .-1 65A -5 ry 0. 0 �o 0 N � m � r d I•. 47 N1 lP 5° p ui p t° O Cs N O � .yam ou iLLV y M !M1 U1 !R Y1 U3 f» ff3 Vp3 M fA vp3 N pp O pW O O N o O Op o S O pM N O O q VJ ry � M de' flR H PR 69 Vi Vl Efi ER Vi 49 64 V} » o µE9 W ° b E O w E c+ o E m $ o � � - - a�aa�aaaeee � e � �• � �• � e � q e �e UL e e 7 °o in a 53 CB a m m w' w n �n ti v3 in �n yr LL LL w LL LL LL LL w C7 U' CD U' CD 0 U' C7 S N p Y. .9 r h� A tR Ns fsi M :R ET W Vi W !9 bl Vi fn Ff3 64 lq e} `m n `m `m v m `m to .62 g s .� U m m d m m a v v a v vv 'vo a •f°o °° U U U U CS U J 0 O v EL •0.y m a E a v m a M m U � m m ri`i' r°i o � °c"f c� ,� �' L• ? � ;D :�' ,'.u_^ df 4�± •� � .� c '_° c' o :� � m ,{�5 N N a N C/] Cn fn x° —U' z U �' .Pa3 E d U V dP Z �- o_ a o o n 0. — c oc . o. V r. m 4 65A -5 ry 0. 65A -6 w h b r N F � Y V V vl f9 to Vl O � W N N y r J Q O Q N ~ r4 � Ili N b f- In N N Y N N W 4. N a r'o 0 N � Y N pp = yi 4N fR O a E � U ° K u3 y y rn w m e 6 6 �y l7 LL LL LL LL LL k LL LL w LL _ a � o y c O1 o g S S O O O g C u0'i pO N N d' VS r N o O H 69 bT bi Vi (Pl F%yi 6? fR Yl Vy bA y, io N w li lL Il lL li W LL L2 lL N c c � m LE U NNL. o v w > � P, a : pE ro Q E All - � O o ' Ea a. Lz: LL IS U U 65A -6 w h b r N F � Y V V vl f9 to Vl O � W N N y r J Q O Q N ~ r4 � Ili N b f- In N N Y N N W 4. N a Exhibit 2 SURPLUS ALLOCATION DESCRIPTION • ANGEL RESTROOM RENOVATION ($50,000) o Angel Park restroom was installed approximately 40 years ago. The restroom is heavily used and vandalized. Complete renovation is needed. Work will Included fixture replacement, re- roofing, patching, vandal resistant doors, painting, etc. • RIVERVIEW COURT AND PARKING LOT RENOVATION (96,200) o The existing basketball court has large cracks, game lines are faded and court needs complete resurfacing to avoid any potential injury. Similar situation is evident in the parking lot. Project will include renovating both the parking lot and basketball court. • SANTIAGO BIKE TRAIL RESURFACING PROJECT ($70,000) o Tree roots have lifted various sections of the existing bike trail through Santiago Park. Project will include section removal, root pruning and resurfacing to the bike trail. • SANTIAGO PLAYGROUND EQUIPMENT REPLACEMENT ($230,000) o Replacement parts are no longer available for the existing play equipment. As sections of the play equipment wears out or gets vandalized, the area is blocked off or modified with other parts. The play equipment will be replaced as part of this project. • BOMO KORAL SIDEWALK /WALKWAY RENOVATION ($160,000) o The existing concrete walkway and picnic area are lifting and cracking due to tree roots and soil condition. Sections of the walkway and the entire picnic area will be removed and replaced as part of this project. • DAN YOUNG SOCCER FIELD #2 SYNTHETIC TURF REPLACEMENT ($640,000) o The synthetic turf warranty on field #2 has expired. The field shows signs of extreme wear. Sections of the synthetic turf have been patched several times and the GMAX rating is below is below average. Project will include removal of the existing turf carpet and replaced with a new carpet and additional rubber material. • CABRILLO TENNIS COURT RENOVATION ($75,000) o The existing tennis court on the east side of Cabrillo Park is not playable. Tree roots have lifted sections of the court to make it unsafe to use. Project will include removal of the court section and tree, new concrete surface, color coating, fence repair, and nets. • WINDSOR TENNIS COURT ($140,000) o The existing tennis court at Windsor Park is not playable. Tree roots have lifted sections of the court to make it unsafe to use, Project will include removal of the court section and tree, new concrete surface, color coating, fence repair, and nets. • CIVIC CENTER JOINT POWERS AUTHORITY RENOVATION ($419,000) o The Civic Center budget includes several projects that are managed by the County and /or the City. The Civic Center Budget that was approved by the City Council required the City and County to provide $820,000 each to balance the budget request. Funding is needed for the city's share of the match. Projects include Renovation of Civic Center Storm water lift stations, repair of lifted sidewalks, re- caulking to Plaza of the Fountains and Plaza of the Flags, ADA Improvements by City Hall Council Chambers, Courthouse /Library Parking Structure (Elevator modernization, generator replacement, 65A -7 and structural assessment), and Stadium Parking structure elevator modernization plans. • BODY CAMERAS ($350,000) o The body -worn camera program will outfit 200 officers with body -warn camera. The program will include the cameras, hardware, accessories, docking stations, and monthly service fees for data storage /management. The program will be coordinated by a new special projects Sergeant and Police Evidence and Supply Specialists. • SECURITY LIGHTING: WINDSOR, SANTA ANITA, LILLIE KING, MADISON, FISHER. SANTIAGO, BOMO KORAL AND HERITAGE PARKS ($540,000) o The existing security lighting at Windsor, Santa Anita, Lillie King, Madison, Fisher, Santiago, Bomo Koral, and Heritage Parks were installed as wooden or metal poles with High Pressure sodium or Metal Halide fixtures 30 to 20 years ago. The wooden and metal poles have deteriorated and are a safety concern. The project replacement with concrete security lighting poles and energy efficient LED fixtures /lamps. • HOMELESS ($400,000) • GIS SYSTEM DEVELOPMENT ($125,000) o For a city the size of Santa Ana, GIS technology is not being used to its potential. The goal of this project is to enhance the existing GIS program to provide spatial analysis of citywide date, including infrastructure /ROW data, City facilities, census data, zoning information, and permit work. A robust GIS system will provide a solid foundation for integration with the future Asset Management System, which is identified in the City's Strategic Plan. • NETWORK, DATA CENTERS AND SERVERS /SOFTWARE, COMMUNICATIONS UPGRADE ($1,065,000) o The recommended allocation invests in infrastructure upgrades in order to increase system reliability while providing the necessary infrastructure to advance and take advantage of new technologies. Initial projects will focus on datacenter development and relocation, critical network component upgrades, critical software upgrades, and new functionality / integration of the current phone system and computing systems (unified messaging). • IT EQUIPMENT UPGRADES- COMPUTERS /LAPTOPS, MOBILE TECHNOLOGY, PHONES ($273,600) o IT equipment upgrades, specifically computers /laptops, mobile technologies such as smartphones and tablets are vital to the efficiency and productivity of City staff. Investing in the upgrade of IT equipment will help take advantage of improved desktop and mobile communications technologies and provide the necessary platform and computational resources needed to access City related information such as email, data files and folders, mobile applications, and multimedia files like audio and video. Upgrades to IT equipment will also provide access to essential City computing systems such as printing, Wi -r-i access, server -based and desktop -based applications, and online resources such as the Internet, cloud -based technologies, and web - enabled applications. 65A -8 • FINANCIAL BUDGETING APPLICATION ($400,000) o The System functionality includes reporting tools such as weekly, quarterly, or monthly budget reports. It would have the ability to integrate with our payroll software to populate personnel costs (salary distribution, positions, Medical, PERS costs, etcetera), prepopulate monthly cross charges to provide a base budget. The System would also have the ability to provide fund projections, run various budget and capital scenarios, and provide standardization of the budget document. Furthermore, the System will have the ability to integrate with the financial system (Lawson /Infor) to upload the approved budget. There are additional features as well, but I provided a brief synopsis of the recommendations. • PLANNING & BUILDING PERMITTING APPLICATION ($300,000) o The Planning and Building Agency has been assigned the Strategic Plan objective of evaluating our existing enterprise zoning and permitting system. This effort would allow for an assessment of our technology inventory and online services, and would recommend technology infrastructure and possible commercial products that could potentially be customized. • STRATEGIC COMMUNICATION ($140,000) o Funding requested to enhance communication tools and strategies, including translation services, public relations and communications related consulting services, explore and expand new technologies, and equipment needed for outreach activities (projectors, mobile screens, laptop computers, podiums, microphones and cameras). Funding request also includes marketing and advertising for promotional placement, collateral, and other equipment such as stand up banners and canopies. • PUBLIC WORKS CIP, ASSET MANAGEMENT, AND PROJECT MANAGEMENT APPLICATION ($300,000) o Enterprise Funds to Contribute. This project will identify the software and licensing specifications, hardware costs, and implementation schedule. • SANTA ANA CITY -WIDE BRANDING STUDY ($200,000) o The key to an effective branding effort is the consistent use of language and graphics that convey a unified strategic theme. Over time, the City of Santa Ana has used a variety of logos and graphic visuals to communicate its brand in advertising, brochures, outreach efforts, special events, public relations and even emails. These branding tools now are outdated and are part of a diluted approach to convey our message. In order to undertake such an effort, the City is seeking a qualified consultant to develop a new marketing and branding plan that will support the City's communications efforts while conveying this important new theme and tagline to the business and development community. • GENERAL PLAN UPDATE ($1,000,000) o A General Plan is the City's long -term blueprint for the community's vision of future growth. It is the long -range constitution that sets forth all of the goals, policies and programs for the City to ensure successful accomplishment of the City's vision. 65A -9 • METRO EAST ZONE EXPANSION ($100,000) o Amend the Metro East Zoning Ordinance and prepare required technical studies to allow for expansion of Residential and Mixed Use development opportunities west of the Santa Ana Freeway, along the First Street corridor. The Metro East Zoning Update will facilitate additional housing opportunities to meet local and regional needs, within nearby access to transit at the Santa Ana Regional Transportation Center (SARTC). • PENSION STABILITY FUND ($500,000) • PLACEMAKING CITY -WIDE ($100,000) o Public space is at the heart of a community's social fabric. It is where residents, employees and visitors come together to share ideas, develop lasting relationships, celebrate diversity and enjoy all that a city has to offer. The City of Santa Ana, the fourth - densest city in the United States, would benefit not only from more abundant, more accessible public space, but from better designed public spaces - this includes making improvements to existing, underutilized public space assets. A "placemaking" strategy could be used to improve the gathering places within the community —its streets, sidewalks, parks, buildings, and other public spaces —so they invite greater interaction between people and foster healthier, more social, and economically viable communities. • SARTC Deferred Maintenance- HVAC Replacement ($850,000) o Rebuild 29 complex air handlers with difficult access. • CORBIN CENTER IMPROVEMENTS- RESTROOM RENOVATION & FACILITY IMPROVEMENTS ($50,000) o Replacement of domestic commode with commercial commodes; paint exterior and interior of Center. • CORPORATE YARD: ROOF RESTORATION & FACILITY RENOVATIONS ($850,000) • GRAND CENTRAL: CHILLER REPLACEMENT — CAL STAE FULLERTON 2a0 ST. PROMENADE ($450,000) • POLICE DEPARTMENT JAIL: FACILITY RENOVATIONS ($150,000) • CITY HALL FACILITY AND SAFETY RENOVATIONS ($155,000) o City Hall rebuild original (1972) 9 -HVAC Air Handlers; Annex 1st floor failed carpet replacement; Elevator smoke measures to contain smoke in shafts in case of fire (mandated by OCFA). • NEWHOPE LIBRARY -HVAC PROJECT ($40,000) o Rebuild Air Handlers that distributes air in the library. • JEROME CENTER GYM & SOUTHWEST SENIOR CENTER — FACILITY RENOVATIONS ($50,000) • EL SALVADOR CENTER- UPGRADE EXTERIOR HVAC SECURITY ENCLOSURES ($15,000) c Modification of the HVAC security enclosures, as they are a weight hazard for maintenance. • FLEET ($1,300,000) o Slightly reduced. Replacement of City vehicles that are 15 years old and have excessive mileage. There currently is no funding available to replace vehicles that were purchased 65A -10 after 2012. This allocation will provide funding to replace 42 vehicles that were purchased 10+ years ago and have excessive mileage and repair costs, The older vehicles are expensive to maintain and expose the City to potential liability hazards. • CALLE CUATRO STREET SIGNS AND PLAZA CALLE CUATRO SIGNAGE ($25,000) o Complete the design, fabrication, and installation of signage related to Calle Cuatro. • SARTC Strategic Investment- Maintenance, Safety /Liability, Tenant space, signage ($3,800,000) o Completion of essential deferred maintenance to attract and retain quality businesses and transform SARTC into a destination location for travelers and the community. City staff will begin to contract work for the critical areas as soon as funding is available. Future projects will be coordinated by the on -site property management firm, once the agreement is finalized. • BIRCH PARK RESTROOM AND FENCING ($140,000) o The only restroom available at Birch Park is in the Senior Center, Patrons of the park only have access to the restroom when the center is open. Continual use of the restroom also disrupts senior programs. A park restroom Is needed to service the public and to minimize disruption in the senior center. A fence along the north and west side of the park is proposed in order to close the park at night and be designed to enhance the historical image of the park. Birch Park is the first and oldest park in the City of Santa Ana. • JOINT USE- GODINEZ FIELD AND TRACK ($500,000) o Centennial /Godinez Fields are part of an existing Joint use agreement. The existing sports field and track is of natural turf, decompose granite surface with sports lighting. To improve programming and expand use of the Godinez football /soccer field and track, both agencies are proposing to share the cost to install synthetic turf and rubberized running track, Additional funding is needed to fund the city share of this project. • SKATE PARK ($800,000) o The community has been requesting a 2nd Skate Park in the City of Santa Ana. The first skate park at Centennial Park is heavily used on a daily basis by skaters. The location of the 2nd skate park should be placed at another section in the city, in a park that has the space, and parking, and enough buffer to deal with the noise from the skaters. • THORNTON PARKING LOT RENOVATION ($270,000) o The asphalt on the existing parking lot is breaking down, turning to loose gravel and parking stall lines are fading. Renovation is needed to preserve the parking lot. Work will include removal, replacement, striping and ADA improvements. • WALKWAY /SIDEWALK IMPROVEMENTS: CENTENNIAL, LILLIE KING & MEMORIAL ($590,000) o The existing concrete walkway and asphalt walks are lifting and cracking due to tree roots and soil condition, Sections of the walkway will be removed and replaced as part of this project. • CABRILLO TC CLAY COURT INSTALLATION ($400,000) 65A -11 o The clay court installed on the southwest corner of Cabrillo Tennis Center is reserved on a regular basis. Space is available to install 2 additional clay courts on the south portion of Cabrillo Tennis Center. Project will include grading, clay courts, sports lighting, fencing and nets. • SECURITY LIGHTS: CENTENNIAL & KIWANIS BARRIER FREE PARK ($500,000) • The existing security and parking lot lighting at Centennial Park was constructed with wooden poles and high pressure sodium lighting. The poles are rotting at the base and are a potential liability concern. The project will include replacing the wooden poles with concrete poles and upgrading the lighting to energy efficient LED fixtures and lamps. • Kiwanis Barrier Free Park was constructed in Phases and the security lighting phase still needs to be implemented. The park is heavily used during the day and early evening. Security lighting is needed to provide safety to our park patrons during the evening and to allow additional programming /use of the park by disadvantage children. • SANTA ANA SENIOR CENTER 3RD ST- HVAC, LIGHTING, ELECTRICAL REPAIRS ($80,000) o HVAC upgrade system; install Lighting controls to reduce kwh; upgrade obsolete electric panel • MAIN LIBRARY- HVAC REPLACEMENT ($55,000) o Rebuild original (1958) air handlers that distribute air in library. • GIS System Development (an additional $100k from Enterprise) o Development of GIS System to increase functionality and software improvements. 65A -12 rl,lyb EL C NT RO Exhibit 3 CULTURAL DE MEXICO 319 N. BWh Street Santa Ana, Ca. 92701 September 22, 2015 To the City of Santa Ana Council Members, Mayor, and Staff: It is with great pleasure that we write to you with information regarding el Centro Cultural de Mexico's Building Acquisition Project. The Centro Cultural de Mexico has grown tremendously over the past twenty years, playing an important role in the cultural landscape of the City of Santa Ana. Today we find ourselves with a unique opportunity to give this treasured community asset a proper and permanent home in this great city. Furthermore, this project fits nicely into the City's Strategic Plan, fostering economic development that makes downtown Santa Ana a thriving, culturally diverse and entertainment destination. Regarding this year's budget surplus, we hope you consider the following important points. The California Endowment has granted $800,000 for the Centro Cultural de Mexico's building acquisition project. • This amount leaves us just past halfway, One prospective building, at 820 N Parton St. is listed at $1.4, Million. This amount does not include minor renovations to the building, which we have estimated will cost up to $200,000. • The Orange County Community Housing Corporation, a non - profit developer of 87 years in the County, has partnered with the Centro to offer their expertise in building management and development. • The UCl School of Law, The Kennedy Commission, and Santa Ana Building Healthy Communities are among the many Community Partners who are committed to use the space for diverse programming, service, and meeting needs. • Aside from the Centro's own EducArte weekly workshops and classes — 20 different community based, volunteer- driven workshops on dance, music, and art— the Centro's building will be a space for artistic collaborations and production, including multi -media production in video, graphic design, and audio production. • The building will house Radio Santa Ana, Santa Ana's first Low Power FM Community Radio, putting Santa Ana's local voices, news, and music on the air. "Cuando la cultura muere, la genie muere,,." vuww.else.nlrncu,ituraldorncx co.org 65A -13 The Santa Ana Building Healthy CommLmities Initiative has submitted a list of recommendations for the use of this $10 Million+ surplus. The Centro wholeheartedly supports this set of community proposals, and has included our building project in this list under "Community Spaces" funding. We thank you in advance for your attention and support, and herein request to meet with each of you, at your earliest convenience, before the October 61h vote on this matter, to answer any questions you might have. Please feel free to contact me at ] u; ;gi(aJelcentroculturalderracx co.ur or (714) 425 -5562. Respectfully, Luis A. Sarmiento Centro Cultural de Mexico 65A -14 Page 2 Santa Ana Healthy Neighborhoods Alliance ,1,t T October 1, 2015 C IIT Y r r; TO: Mayor MiguelPulido, MayorProTern VincentSarmiento, Councilmembers— MicheleVaRnez,Angelica Amezcua, Roman Reyna, David Benavides, Sal Tinajero, and City Manager Mr. CavazYSS,. RE: City Surplus Funds — Requests for Lights on the Pacific Electric Trail Dear Esteemed elected officials and Mr. Cavazos, City Manager The Santa Ana Flealthy Neighborhoods Alliance enthusiastically requests the approval for funds to install lampposts/ lights along the Pacific Electric Trail from Chestnut to South Main. Residents from six surrounding neighborhoods - Madison Park, Eastside, Heninger Park, Wilshire Square, Delhi and Memorial Park, totaling 53,000, and others throughout the city, consistently walk the bike trail either early in the morning or after work. During the early morning hours it is still dark when residents can be seen walking in groups with baseball bats and sticks for protection. Lights along the bike trail that function during dark hours are much needed for basic safety. From Sunset to daybreak, the trail becomes a no man's land riddled with gang activity, muggings and assaults. A well —lit trail is a win -win for all of us Involved. Walkers will feel safer and encouraged to walk more. The city would send a strong message— reinforcing wellness, exercise and promoting healthy behaviors. The lighting will demonstrate that we all care about safety on our bike trail, and very importantly: that residents continue to work in partnership with our elected officials and city manager for a healthier Santa Ana. Our community commitment and work for a better Santa Ana is strong and continues to be very present in our events and community engagement. Madison Park neighborhood has been working on the bike trail for the past 10 years, such as planting of trees, numerous clean ups and community events to promote health and exercise. Most recently the successful Walk a Than and Resource Fair on September 26, 2015 promoted the use of the bike trail by 500+ youth and adult residents. The Santa Ana Healthy Neighborhoods Alliance ( SAHNA) was Founded in 2012 and brings together Madison Park, Eastside, Heninger Park and Wilshire Square neighborhoods to work on Health, Education and Safety for a better Santa Ana. We have partnerships with schools, churches, businesses, the South Main Merchants Association, other neighborhood associations and community groups. SAHNA is actively engaged in residents taking ownership for fostering and building a safer, healthy and productive environment. We recognize the power of the community to be actively engaged in leadership roles, creating solutions, impacting policy and working in partnership with our elected officials and city government. Approving safety lights on the bike trail will benefit thousands and everyone wins. Together we can light tip the city with a beautiful and safer bike trail. Thank you for your consideration of this funding request as you make very important decisions on the application of the city surplus monies. mdest Reg c "s,� ~ o5 Cndval, Irma P.laur ,l Healthy Neighborhoods Alliance 65A -15 rj {f�ti14I ++ j 75:11�Fk Li�i u Building healthy C nities , 'SCknfxal S�M1Ya �� October 12, 2015 Santa Ana Building Healthy Communities 1505 E 17`h St, Suite 111, Santa Ana, CA 92705 PHONE: (714)597 -6630 1 FAX: (714)647 -0901 1 www.sa- bhc.org Re: Condensed City Budget Surplus Recommendations Item Who Amount Fund to provide incentives to local micro- enterprises that Community $250,000 promote local health, arts, and culture. (e.g. worker cooperatives, Development in the establishment of a mercadito as a market place for locally collaboration with prudced artisanal goods, and the establishment of a community- Community Orgs. run micro - farm). Extend City Council Special Event Sponsorship program to fund Community $400,000 community -led programming that promotes health, arts, culture Development in among underserved populations (e.g., low- income, refugee and collaboration with immigrant youth and families), such as the recently approved. Community Orgs. Funding for Community - Building Infrastructure: Community $2', Million Grants /incentives to support capital investment projects Development in (community buildings /properties) by non - profit organizations collaboration with that serve a public benefit through promoting health, wellness, Community Orgs. arts, and culture programming such as establishment of Non - Profit Community Clinics, El Centro Cultural de Mexico building, Familias Corazones Verdes Park, The LGBT Center OC, the KidWorks Youth Center expansion, and The Cambodian Family. One -year expansion of youth internship program to certify them Cmty Development $250,000 as health enrollers & navigators to enroll Santa Ana residents in in collaboration ACA & Medi -Cal and expose them to careers in the health field. with Community Orgs Additional funding for the check -in center pilot program for the Cmty Development $100,000 homeless community, to cover improved storage and sanitation in collaboration services, and allow for the center to be open during times that with community accommodate for homeless peoples' schedules. orgs TOTAL $3,000,000 65A -16 City Response to SASHC Funding Proposal 65A -17 Pop -up market places can be created through the special event permitting process. This is currently done with the monthly Art Walk, weekly Farmers' Market, and other special events with local vendors, The process can Fund to incentivlze local micro - enterprises that promote currently be pursued by members of a worker's co- local health, arts, and culture. (e.g. worker cooperatives, operative operating a mercadito. The City also operates a the establishment of a mercadito as a market place for Community Development Small Business Incentive Program that Is designed to locally prudced artisanal goods, and the establishment In collaboration with encourage local entrepreneurs. Qualifying local businesses of a community -run micro-farm). _ Community Orgs. $ 1,000,000.00 are relmbursed up to $5,000 of thier start -up costs. The Arts and Culture commission Is currently funding grant projects across the City. The latest round included Fund RFP or city sponsorships for community -led $50,000 In funding for 10 artists, The City has also programming that promotes health, arts, culture, such Community Development developed a process to provide the City Council with as the recently approved mini -grant donation program In collaboration with $70,000 In discretionary funds to support community to community groups, Community Orgs. $ 500,000.00 events. The 2015 -2016 CDBG grant process budgeted $340,000 to local non - profits including KldWorll America On track, Council on Aging - OrangeCounty, WISE Place, Human Options, OC Fair Housing Council, The Cambodian Family, Community Spaces: Grants for community centers Public Law Center, Boys & Girls Club of Santa Ana, Orange providing health, wellness, arts, culture programming County Children's Therapeutic Arts Center. An additional to support Infrastructure, new services and providers $80,000 was provided to Goodwill Industries and the for Non - Profit Community Clinics, El Centro Cultural de Illumination Foundation was also provided by City Council Mexico, Families Corazones Verdes Park, The LGBT Community Development approval. The City of Santa Ana has recently provided Center OC, the Kk Works youth Center expansion, and in collaboration with $200,000 in support of the ADA renovations of the Delhi The Cambodian Families. Community Orgs, $ 2,500,000.00 Center. The feasibility of Public Restrooms at Plaza Calle Cuatro and other key locations in the downtown are being evaluated as part of the Downtown Modernization and Public Restroom & drinking fountain at Plaza Calle Parking Enhancement Project. An option forcleveloping access to the the restrooms in the downtown parking Cuatro. Parks Rae $ 500,000.00 garages are also being evaluated. A comprehensive way finding plan for the Downtown is currently being Implemented by the Community Development Agency. The City was also recently awarded Wellness Corridor signage /wayfinding along 5 routes to $11 million in active streets grants, a portion of which will promote walking and biking and Improve connectivity to include a major expansion of downtown bike lanes from the business district. _ Public Works $ 250,000.00 SARTC into the business district. _ _ The Santa Ana Police Department recognizes the Importance of mitigating the risk factors that create the potential for physical risk within neighborhoods. The Re- Entry Services for Employment programs aim to educate and establish collaborative working relationships with Funding for Community Violence Intervention Worker residents to promote public safety within the community. Certification Program to train, educate and empower The Santa Ana Work Center along with partners such as community members with tools to mitigate risk factors the OC Re.-Entry Partnership, the Network for Behavloral that contilbute to violence, In addition to serving the re- Health, and South Coast Counseling Services will continue entry population. Training Is administered by the to work to empower local community members with the Professional Community Intervention Institute, resources that they need to reduce the levels of violence University of Southern California, and University of SAPD in collaboration with In their communities. California, Irvine. Project Kinship $ 60,000.00 65A -17 City Response to SABHC Funding Proposal 65A -18 The Santa Ana Police Department Is currently an active partner with the Orange County Re -Entry Partnership.' This existing rehabllltatlon program is headed by the Funding for a Community Intervention Worker Orange County Sheriff's and Probation Department, These Community- Based Violence Intervention and Re -entry efforts are geared to reducing the overall 3 year recidivism Service to provide crisis intervention, re -entry services, rate from 75% down to 25% for those that remain trauma care, family support, and long term case enrolled In the projects support services. There are managed services to youth and families affected by SAPID in collaboration with currently 56 local partner organizations involved In these violence, gangs, and Incarceration. Community Orgs $ 100,000.00 efforts. _ The City currently utilizes $708,255 In CDBG funding for after school youth programs. New Investments In joint use facilities with SAUSD Including the $5 million Roosevelt - SAPD In collaboration with Walker facility is set to open during the 2015 -2016 school Diversion program for ellglble youth Project kinship $ 100,000.00 year. _ _ _ _ _ _ In accordance with the Sunshine Ordinance, the City has Increased the requirements for community outreach for new developments, during changes to key City planning documents, and continued to support community SAPD In collaboration with involvement through Neighborhood Association Community Conferencing Community Orgs $ 100,000.00 gatherings, The Public Works Agency was recently awarded $11 million worth of bike Improvement projects by the State of California. These programs will provide protected bike lanes along Santa Ana Blvd, 5th Street, and Edinger Bike infrastructure Improvements and extension of the Avenue. A Civic Center Bike Blvd. will also be added to Maple bike trail, including improved signage, lighting, help provide Safe Routes to School for the residents of etc. Public Works or Parks $ 500,000.00 Santa Ana. City staff has met with community representatives to find publicly available land meeting the required zoning, size, and availability requirements set out by the Wellness Strategy Resolution adopted by the city council on 6 -2 -15. An area meeting these requirements has not been Cmty Development in currently Identified by interested parties. City staff will Funding to cover costs for leasing public land for a collaboration with continue to work on developing City -wide guidelines on pilot community -run micro -farm Community Orgs $ 750,000.00 the leasing of public property to private entitles. , _. The 3 homes on 6th and Lacy are already pending conversion to open space perthe terms of the Station District Settlement Agreement. An additional block of open land at Lacy and Vance has also been identified by Council and City staff as a location forfuture open space near the Lacy neighborhood. Staff remains open to Funding to purchase boarded up houses & convert to an Identlfying potential locations across the City for open space In the Lacy neighborhoods, Parks and Recreation $ 50.0,000.00 additional open space. _ The Carfield Community Center currently operates the center for 87.5 hours per week at an annual cost of Expand Lacy Community Center hours and clays for $215,000 Any additional hours has a cost of $2,457 /hour community use. .._ Parks and Recreation $ 200,000.00 to operate on an annual basis. 65A -18 City Response to SABHC Funding Proposal 65A -19 The City has previously partnered with local non - profits to expand participation In the Affordable Care Act and Mack- Cal programs. Outreach centers were created during the open enrollment period at various community centers and at City sponsored events. Funding was provided by Funding for RFP to sub - contract health enrollers & Cmty Development In Federal and State outreach programs such as Covered navigators to enroll Santa Ana residents In ACA & Medi- collaboration with California. The City remains open to continuing these Cal. Community Orgs _ $ 200,000,00 partnerships with the area's based health enrollers. The City of Santa Ana has hired 21 Interns since July 2014 Expansion of youth Internship program, Including to after the policy was adopted as part of the 5 -year strategic connect students with community -based health careers Cmty Development in plan. The City Is currently recruiting 11 more interns for (to address shortage of health care providers in Santa collaboration with the 2015 -2016 school year. These Interns serve Ana) _ _ Community Orgs $ 100,000.00 throughout every Department In the City. In March of 2014 the City Council voted to work with Mental health and wellness services forvulnerable Taller San Jose and Saint Joseph's Community Hospital to communities, Including a Youth Wellness Program for renovate the historic YMCA as a 19,000 sq ft, fitness and low Income families /refugee and immigrant families Craty Development In wellness center. Staff members are currently working with that Include physical activity, healthy eating, arts and collaboration with these community partners to ensure the success of this crafts, music and scholarship programs._ community orgs $ 500,000.00 proposed $18 million wellness facility, Funding for the Check -in Center Identified and authorized by the City pending the approval of a site location, The Additional funding for the check -in renter pilot program City's currently proposed location would require the for the homeless community, to cover Improved storage approval ofthe Orange County Board of Supervisors, and sanitation services, and allowfor the centerto be Cmty Development In Alternative site proposals are being reviewed and City open during times that accommodate for homeless collaboration with staff welcomes additional stakeholder participation in peoples schedules. _ _ _commu nityorgs $ 100,000.00 addressing the needs of the City's homeless community. 7,960,000.00 65A -19 65A -20 K W v `v v a c U N � e �o- E .g a 3 h b 3 � m d 5 W c g, � LL M mM N } N c 8 � N Y � o 3 5� y � N U y r u d 5 W 65A -21 a' c 8 � o r � s U b � LL z18 z z z z z z z z° s z U SLL gg s a F N c L' o U N Ll 11 W E N Fz $ CJ U U U 4 N � Z U m V_ LT V = yEy u R a SE E9 �� flea .�w b ttdd ¢¢ IM `J x D m m w c' y u u 3 � 65A -21 65A -22 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, October 20, 2015 9:44 AM To: Mitre - Ramirez, Norma; Trujillo, Rose Ann; Orozco, Norma Subject: FW: Slight Change in One of the Projects Being Considered (Agenda Item 65A) at Tonight's Council Meeting Importance: High Please add to packet for Agenda Item 65A. Thank you. From: Mouet, Gerardo Sent: Tuesday, October 20, 2015 9:13 AM To: Cavazos, David Cc: Cortez, Robert; Ono, Ron; Carvalho, Sonia R.; Huizar, Maria Subject: Slight Change in One of the Projects Being Considered (Agenda Item 65A) at Tonight's Council Meeting Importance: High Dear Mayor and Council: The City and the School District have been having successful discussion on joint use matters and our partnership efforts is progressing very nicely. At a meeting yesterday, the Superintendent informed the City Manager that the concept we have been considering in adding $500,000 to the project cost of converting the Sport Field and Track to Synthetic Field and Rubberized Track for Godinez High School will be better served as a joint use project to focus instead to the Sport Field and Track at Segerstrom High School. There are benefits of focusing first on Segerstrom. 1) The School District is closer to implementing the Segerstrom project. 2) The need for a joint use football /soccer field and track at this part of town will better serve the community since Centennial Park already has many recreational options for the community. If the City Council decides to prioritize this project at tonight's meeting, please keep in mind that it is best not to specify Godinez at this point but to say that the monies would be focused on a joint use project either at Godinez or Segerstrom pending further discussions with the School District as to what location would best serve the public. The field in either of these options will serve youth football, youth soccer, and adult soccer needs in the community. Let me know if you have any questions. Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency (714) 571 -4204 Learn Have Fun Get Fit Be Respectful 65d -23 65A -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended 0 As Amended 0 Ordinance on 1a1 Reading 0 Ordinance on 2" Reading ® Implementing Resolution C Set Public Nearing For CONTINUED TO W"114 R24,044il Adopt an emergency ordinance extending the moratorium of the establishment or expansion of any short term residential rental use for a period of 10 months and 15 days. DISCUSSION In recent years, there has been an increased popularity of "home- sharing" and other short -term vacation rentals through the use of web -based companies such as Airbnb„ Vacation Rentals by Owner (VRBO), and Homeaway. "These sites allow property owners to rent their homes or apartments as an alternative travel accommodation, while providing homeowners or renters with additional income, Homes or rooms are typically listed by location and pay a percentage of their Income to the host company. Current provisions of the Santa Ana Municipal Code ($AMC) do not clearly define or identify short -term rentals as a permitted use in a residential zone. Further, staff has received numerous complaints from residents and neighborhood representatives related to Impacts from short -term rental uses such as noise, on- street parking supply, increased traffic and other impacts affecting the quality of life In the community, short -term rentals have resulted in increased Code Enforcement complaints and frustration for both the nearby residents and property owners who wish to offer these types of short -term rentals. The City Council adopted a 45 day emergency moratorium on September 15, 2015 to prohibit the establishment or expansion of any short term residential rental use in the City of Santa Ana. The interim ordinance is due to expire on October 30; 2015. During the 45 -day interim period, staff has determined that additional analysis will be necessary in order to assist in the preparation of a permanent ordinance for this use. 75A -1 bItAMODOMM e otobo . 0 0 Page As such, staff recommends an extension of the existing moratorium by the City Council to allow the development of appropriate standards for short- tern residential uses and to determine the appropriate level of review required for approval, The extension of the moratorium will be for an additional 10 months and t5 days, based on Government Code Section 55555, It is anticipated that the development and operational standards for this use will be presented to the Planning Commission within a reasonable time period in the interest of the community and its residents. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5, Community Health, Livability, Engagement and Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action,. Executive Director Planning and Building Agency VC:rb vo\ reporte1ShortTermRosiderttla [RenWla. Marator{umExtenelen 75A -2 LS 10. 15.15 ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE MORATORIUM ON SHORT -TERM RESIDENTIAL RENTAL USES FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The growing popularity of "home- sharing" and other short -term vacation rentals, through the use of internet -based companies such as Airbnb, Vacation Rentals by Owner ( "VRBO ") and Homeaway, allow individual homeowners, landlords, and tenants to list homes, apartments, and rooms for rent. B. The current provisions of the Santa Ana Municipal Code do not clearly identify short - term residential rental uses or take into account the potential impacts associated with the establishment of short -term rentals within existing residential zones. As such, provisions of the Santa Ana Municipal Code ( "the Code ") require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these short -term rental uses in the City. C. Given these concerns, the City Council hereby requests that additional study be undertaken of the current provisions of Chapter 41 of the Code to address short - term residential rentals and determine whether such uses should be permitted in the City, and if so, where such uses should be permitted and under what conditions. D. Based on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable entitlements to individuals wishing to use their property for the purposes of a short -term residential rental, prior to the City's completion of its study of the potential impact of such short -term residential rentals, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements is thus necessary. E. If a short -term residential rental use is permitted in the City without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: Ordinance No. NS - 75A -3 Page 1 of 4 Residents living near unregulated short -term residential rentals are impacted by such uses' loud, unnecessary and unusual noises, which affect the quality of life for surrounding residents, excessive on- street parking impacts affecting the ability of residents to park their vehicles within a reasonable distance from their homes, over- occupancy of units which may pose a health and safety risk, trash and nuisance conditions, as well as traffic in and around these uses. F. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this ordinance. The absence of this ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; short -term residential rental uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. G. On September 15, 2015, the City Council adopted Urgency Ordinance No, NS -2886 establishing a forty -five (45) day moratorium on the establishment or expansion of short-term residential rentals in the City of Santa Ana, H. City staff continues to conduct research into the City's options for regulating short- term residential rentals. This research includes a review of many City ordinances in California that either prohibit or regulate these uses. I. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A -H of this ordinance. Section 2. No short -term residential rental of 28 days or less, is permitted in a residential zone as defined in Article I of Chapter 41 of the Code. Section 3, Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two- thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter and shall be immediately effective pursuant to Section 417 of the City Charter. Further, California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning division is considering or studying or intends to study within a reasonable time. Ordinance No. NS - Page 2 of 4 75A -4 Section 4. The City Council desires to extend the moratorium as it applies to short -term residential rentals for a period of ten (10) months and (15) days to allow staff and the City Council the opportunity to continue to research and select the best course of action for the City's citizens and the community at large. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. 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, Section 7. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -H, inclusive of this ordinance. ADOPTED this 201h day of October 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa' Storck, Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor Ordinance No. NS - _ 75A -5 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on October 20, 2015. Date: Clerk of the Council City of Santa Ana Ordinance No. NS - Page 4 of 4 75A-6