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HomeMy WebLinkAbout FULL PACKET_2017-01-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 20 -21, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Albert Castillo, spoke in support of retaining the City Manager and Chief of Police. • Carlos Perea, opined that coup against the City Manager. • Roman Reyna, expressed support for City Manager; cautioned as new council moving forward; indicated that former City Council has already evaluated City Manager. • Michael Klubenkin, echoed comments from previous speakers. • Adriana Moreno, indicated that it would be irresponsible to remove the City Manager; he should be credited with City surplus. • Roxana Rosas, supports City Manager, bettered our City; requested a review of quid pro quo with Police union. • Benjamin Vazquez, requested investigation of quid pro quo claim; need to address alleged political corruption. Councilmember Benavides, asked what constitutes a rightful removal or for an official to be placed on administrative leave. CITY COUNCIL MINUTES 1 DECEMBER 20, 2016 1 0A -1 City Attorney Carvalho, indicated that her preference is not to provide legal advice in public, unless so requested by the City Council; highlighted process in the Charter that applies to all appointed officials; vote for termination requires five votes and to place on Administrative Leave requires four votes; separate rules and due process rights for City Manager exist in his contract that requires noticing; also, noted that Administrative Leave is not termination; reasonable cause needed to place on Leave to allow for investigation of claim or allegation. Councilmember Benavides, if investigation has already taken place is it reasonable to reopen? City Attorney Carvalho, will need to be evaluated allegations; need to review new allegations. Councilmember Benavides, asked if City has exposure and appearance of retaliation. City Attorney Carvalho, it depends on the facts; caution against double jeopardy; any new allegation would have to be reviewed. Councilmember Sarmiento, procedurally can an evaluation be conducted by new councilmembers? City Attorney Carvalho, two part answer - current law allows members to place items on the Agenda including closed session and case law permits standards of review on performance or to set standards for future performance to be evaluated. Councilmember Sarmiento, opined that comments by members of the .public are fair assessment; City may have exposure; have received communication in support of City Manager from Chamber of Commerce in addition to Ryan Chase and First American Title; need to manage issue carefully. Councilmember Tinajero, narrated the dishonesty and shenanigans that this election has brought about; highlighted the accomplishments that City Manager has accomplished in past three years; previous labor negotiations resulted in same increase amongst all bargaining groups; police officers are now held accountable; campaign contribution reports indicate that police union active in election; also, asked if Mayor should be investigated for non - payment of campaign loans. City Attorney Carvalho, have taken matters forward to FPPC as requested by council; also City Manager has investigative authority. Councilmember Tinajero, asked if appropriate for new supervisor to evaluate employee. City Attorney Carvalho, indicated that public comments appropriate and City Council comment after the fact, mindful of Brown Act. Councilmember Sarmiento, noted that closed session discussions are not disclosable and now would be the time to comment. City Attorney Carvalho, items may be discussed, just not the confidential items CITY COUNCIL MINUTES 2 DECEMBER 20, 2016 1 0A -2 COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:46 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: • 1901 First Street Owner, LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30- 2015 - 00803234 -CU -WM -CJC • 1901 First Street Owner, LLC v. City of Santa Ana, Orange County Superior Court Case No. 30- 2016 - 00876616 -CU -CR -CJC • Hank Couisine v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8926744 • Richard Marckstadt v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8904656: ADJ8904659 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claimant: Elie Rios 3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney, Clerk of the Council, and City Manager* *City Manager evaluation placed on the Agenda at the request of Councilmember Villegas, pursuant to Santa Ana Charter Section 411. CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 7:20 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 DECEMBER 20, 2016 1 0A -3 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:24 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CURTIS SMITH, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Santa Ana High School Varsity Football Team for going undefeated and making it to the California Interscholastic Federation finals: Coaches: Kris Brown; David Gutierrez; Dakota Lambert; Bill Lux; Cesar Plascentia; Diego Perez; Albert Rodriguez; Thomas Salue; Lance Tayco; Charlie TeGantvoort; Wyatt Teneyet; Na Tukia; Hector Uresti Captains: Jonathan Briseno; Jorge Briseno; Steven Cruz; Roger Leon; Tui Levao Jesus Viera Players: Luis Aguilar; Pablo Aguirre; Pablo Arredondo; Marcos Barriga; Joshua Brito; Leo Bucio; Kevinn Cea; Alan Contreras; Julian Dimas; Matt Dorantes; Enrique Durate; Zennen Flores; Francisco Franco; David Garcia; Ricardo Garcia; Julian Gomez; Mario Gonzalez; Mark Hernandez; Eddy Lares; Nick Larriva; Miguel CITY COUNCIL MINUTES 4 DECEMBER 20, 2016 1 0A -4 Leon; Damian Macias; Everado Medrano; Ismael Mojica; Ricardo Ornelas; Allen Pacheco; Kelvin Pacheco; Israel Pantaleon; John Ramirez; Jerard Rojas; Henry Sandierano; John Sibrian; Ulysses Velasco; Jose Zaragoza CLOSED SESSION REPORT - No reportable actions. AGENDA ITEM CONSIDERED OUT OF ORDER 13A. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office 13D. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: 1. Appoint Kenneth Nguyen to the Planning Commission (Ward 4 resident; replacing B. Bauer). 2. Appoint Stephanie Najera to the Personnel Board (Ward 5 resident). MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) OATH OF OFFICE — Administered by Clerk of the Council to the following: • Kenneth Nguyen, Planning Commission • Stephanie Najera, Personnel Board PUBLIC COMMENTS • Michael Klubenkin, request support for his friend Ilya Tseglia and his plea to assist son who is ward of the State. CITY COUNCIL MINUTES 5 DECEMBER 20, 2016 1 0A -5 • Joese Hernandez, concerned with City Manager, supports district elections, encourages ICE contract terminated, opposed to Heritage Project, supports Centro Cultural funding. • Alex Vega, concerned with political dishonesty. AGENDA ITEM CONSIDERED OUT OF ORDER 50C. ORDINANCE RELATING TO THE CITY'S PROCEDURES CONCERNING IMMIGRATION STATUS AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS {STRATEGIC PLAN NO. 5, 6F)- City Manager's Office • Robert Oliver, spoke in support of proposed Sanctuary City Ordinance, encouraged all to support immigrant families. • Benjamin Vazquez, opined that life of the families and children in our community will benefit from ordinance; also urged all to terminate the ICE contract. • Seth Davis, professor at UCI Law School, noted that under the 10th Amendment the City has authority to approve ordinance and regulate safety and welfare of the residents. • Leah Citman, assistant professor at UCI, need to focus on constitutional law. • Sameer Ashar, Clinical Professor at UCI Law, advocates for immigrant rights spoke on prohibition on sharing information on immigration and citizenship status; need to build and reinforce trust; federal government cannot interfere with local government; strong legal footing. • Jennifer Koh, law professor at Western Law School, member of Newsong Church; spoke in opposition to Section 7F to allow for exception to use funds for those with felony convictions — too broad; opined that it will not improve trust; Civil immigration law also to be removed. • Karina Gutierrez, staff attorney at Public Law Center, indicated that due process rights have been violated — encouraged surplus funds have universal representation for immigrants. • Carlos Perea, member of immigrant rights, submitted correspondence for consideration; Santa Ana to lead in efforts. • Denise Hinojosa, opined that human right violated in Section 7F. • Hairo Cortez, support ordinance along with recommended changes by law professors; need to strengthen protections. • Sandra Ortega, CLUE member, embrace sanctuary ordinance, inherent worth and dignity is the responsibility of the City Council; oversight commission to be composed of community members that will oversee; district based elections and housing opportunity ordinance to benefit the community. • Alexis Nava Teodoro, acknowledged the democratic process and professors who have assisted in crafting revised ordinance for consideration; opined that Section 7F is prejudice; support a task force with investigative powers. • Sergio Barragan, spoke in support of ordinance; suggested educating the community on what Sanctuary City means. CITY COUNCIL MINUTES 6 DECEMBER 20, 2016 1 0A -6 • Alba Piedra, suggested laws that protect our community. • Mayre Tapia, member of OCCCO, urged all to support ordinance; make law before President -Elect Trump takes office on January 20th. • Leonel Velazquez, indicated that residents live in fear; officials need to protect community. • Salvador Sarmiento, supports a strong ordinance that protects residents. • Gil Salmon, supports changes including removing voter registration requirement to serve on a commission; allow for inclusionary policies. • Alex Vega, supports ordinance. • David Carbajal, spoke in support of proposed ordinance. • Peter A. Katz, noted that women rights have changed this century; need to continue fighting and protecting our residents. • Marilynn Montano, supports ordinance that includes real protections for residents. • Julian Garcia, member of SEIU, indicated that union has supported many candidates that have been elected, request support for contracting union members. • Marcella Rosas, supports rent control; address substandard housing standards; opposed to Heritage Project. Councilmember Benavides, thanked colleagues and speakers. Supports the ordinance with revisions as presented by the residents, seconded by Councilmember Tinajero. Councilmember Tinajero, thanked speakers. Councilmember Sarmiento, suggested removing any reference to immigration status; indicated that City has Sanctuary City practices and policies in place. Councilmember Villegas, supports ordinance but cautioned that may need to revisit if financially impacts our community. Mayor Pro Tern Martinez, asked if financial ramifications of ordinance considered; may lose some funding including Community Development Block Grants; supports terminating contract with ICE; asked if reuse study amount of $50k is sufficient or if need to increase amount; suggested amendment to motion and increase Request for Proposal amount. Councilmember Tinajero supports bringing back item for reconsideration. Councilmember Solorio, noted that immigrants need to be treated with dignity; have supported legislation at the State level including driver license for DACA students; need to make sure that Muslim community protected as well as women's rights; need to stop any effort to reduce or eliminate federal funding; suggested office of immigrant rights; in support of ordinance that will further protect our residents. CITY COUNCIL MINUTES 7 DECEMBER 20, 2016 1 0A -7 Mayor Pulido, supports complete census count that will bring additional funding to the City and be able to leverage funds; also may need to revisit ordinance if financially impacted at the Federal level. MOTION: Place revised ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2908 - AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE CITY'S PROCEDURES CONCERNING IMMIGRATION STATUS AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC COMMENTS (Agendized items) Chris Schmidt, spoke in support of Agenda Item -25A, of lease agreement, represent Westend COP. a. Mayor Pro Tern Martinez, asked if City has assets that can be used in lieu of month to month lease. Report on sustainability and options for consideration. b. City Manage Cavazos, will review all options and bring back to council for consideration. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31 F, with the following modifications: • Mayor Pro Tern Martinez, pulled Agenda Items 19D, 19F, 20A, 20B, 25A, 25E, 25F, 25G, 25H, 251 and 31 B for separate action; and • Councilmember Solorio, abstained on Agenda Items 22A and 22B due to campaign contribution and potential conflict of interest. MOTION: Solorio SECOND: Benavides CITY COUNCIL MINUTES 8 DECEMBER 20, 2016 1 0A -8 VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (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. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 6, 2016 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 11 - 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. ZONING ORDINANCE AMENDMENT NO. 2016 -04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNDERGROUND UTILITY INSTALLATIONS — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 5, 11 - Clerk of the Council Office Placed on first reading at the December 6, 2016 City Council meeting and approved by a vote of 4 -0 (Martinez, Pulido and Reyna absent). Published in the Orange County Reporter on December 9, 2016. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2906 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS CITY COUNCIL MINUTES 9 DECEMBER 20, 2016 1 0A -9 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS 11B. AMENDMENT APPLICATION NO. 2016 -04 TO REMOVE AND REPLACE THE CITY OF SANTA ANA ZONING SECTIONAL DISTRICT MAPS, CITY OF SANTA ANA - APPLICANT {STRATEGIC PLAN NOS. 5, 11 - Clerk of the Council Office Placed on first reading at the December 6, 2016 City Council meeting and approved by a vote of 4 -0 (Martinez, Pulido and Reyna absent). Published in the Orange County Reporter on December 9, 2016. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2907 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPLACING THE CITY OF SANTA ANA ZONING SECTIONAL DISTRICT MAPS INTO A NEW GRAPHIC FORMAT BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA ITEM TAKEN OUT OF ORDER 13B. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Mike Tardif to the Historic Resources Commission (Ward 3 resident). 13C. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Cynthia Contreras -Leo to the Planning Commission (Ward 6 resident; replacing J. Gartner). 13D. AGENDA ITEM TAKEN OUT OF ORDER FINAL TRACT MAP NOTIFICATIONS CITY COUNCIL MINUTES 10 DECEMBER 20, 2016 1 0A -10 Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17715 (4010 WEST MCFADDEN AVENUE) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR NOVEMBER 2016 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office 19D, MOTION: Receive and file. Mayor Pro Tern Martinez, supports project. MOTION: Authorize the Planning and Building Agency to release the Request for Proposals to qualified consulting firms to provide planning and technical services and support for the preparation of comprehensive General Plan Update for the City of Santa Ana. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 11 DECEMBER 20, 2016 1 0A -11 19E. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT METRICS {STRATEGIC PLAN NO. 3, 41 - Community Development Agency MOTION: Receive and file. Mayor Pro Tern Martinez, requested a continuance to be able to review report. MOTION: Continue consideration of matter to the January 17, 2017 City Council Meeting. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Mayor Pro Tern Martinez, asked if the Economic Development Strategic Plan was ever approved. Opposed the item as presented. Marc Morley, Economic Development Specialist, indicated that Plan had been presented to staff and agreement was one of the elements considered that would develop tourism among other areas. Council discussion ensued. Councilmember Sarmiento, noted that the Plan had been submitted by RSG for approval, but deficient. Councilmember Solorio, volunteered to work with the Chamber; commitment should be ongoing. MOTION: CITY COUNCIL MINUTES 12 DECEMBER 20, 2016 1 0A -12 1. AGMT NO. 2016 -367 - Authorize the City Manager and Clerk of the Council to execute an agreement with the Greater Santa Ana Vitality Foundation, a non - profit arm of the Santa Ana Chamber of Commerce, subject to non - substantive changes approved by the City Manager and City Attorney, for economic development services, for a one -year period ending on December 20, 2017, in the amount not to exceed $500,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -71- Recognizing $500,000 in revenue fees account and appropriate the funds to the Economic Development Contract Services expenditure account for the agreement with Greater Santa Ana Vitality Foundation. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 20B. CONTRIBUTE TO THE CITY'S PENSION STABILITY FUND {STRATEGIC PLAN NO. 4, 1`1 (SURPLUS ALLOCATION FUNDING)!' - Finance and Management Services Mayor Pro Tern Martinez, indicated the unfunded liability is of concern, does not support use of surplus funds; recommend that funds be moved to rainy day. Motion to table by Martinez, seconded by Mayor Pulido. City Manager Cavazos, said that item would be instrumental in addressing unfunded liability and what allowed us to improve credit rating; City has rainy day fund fully funded. Councilmember Sarmiento, agrees that there is uncertainly; supports funding liability account for comments made by City Manager. Councilmember Benavides, supports funding economic uncertainty funds. Offered substitute motion to accept recommendation, seconded by Councilmember Sarmiento CITY COUNCIL MINUTES 13 DECEMBER 20, 2016 1 0A -13 Councilmember Solorio, expressed concern that many positions have been authorized, but continue to be vacant or unfunded; request report of financial status and use of surplus. SUBSTITUTE MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -064 - Appropriating $500,000 from Fund Balance, resulting from Fiscal Year 2015 -16 (General Fund), for the City's contribution to the Public Agency Retirement Services account for the purpose of pre- funding pension obligations. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: "Substitute Motion failed. SECOND: Sarmiento Benavides, Sarmiento, Tinajero, (3) Martinez, Pulido, Solorio, Villegas (4) None (0) None (0) ORIGINAL MOTION: Table matter. MOTION: Martinez SECOND: Pulido VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4) NOES: Benavides, Sarmiento, Tinajero, (3) ABSTAIN: None (0) ABSENT: None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -134 - CONTRACT AWARD FOR ONE CHEVY PASSENGER VAN {STRATEGIC PLAN NO. 6, 2) (Police Department) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Santa Ana vendor Guaranty Chevrolet Motors, Inc., for the purchase of one Chevy 2500 passenger van in an amount not to exceed $29,530 plus a contingency of $1,475 for a total amount of $31,005, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 14 DECEMBER 20, 2016 1 OA -14 *Councilmember Solorio, reported a potential conflict of interest and abstained on matter. 22B. SPEC. NO. 16 -135 - CONTRACT AWARD FOR ONE CHEVY TAHOE SPORT UTILITY VEHICLE (SUV) {STRATEGIC PLAN NO. 6, 2) (SURPLUS ALLOCATION FUNDING) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Santa Ana vendor Guaranty Chevrolet Motors, Inc. for the purchase of one Chevy Tahoe SUV in an amount not to exceed $48,435 plus a contingency of $2,420 for a total amount of $50,855, subject to non - substantive changes approved by the City Manager and City Attorney. *Councilmember Solorio, reported a potential conflict of interest and abstained on matter. PROJECTSICHANGE ORDERS 23A. AWARD CONTRACT FOR PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PROJECT (PROJECT NO. 17 -6888) {STRATEGIC PLAN NO. 1, 3B) - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1, 2, and 3, in the amount of $278,000, for the term beginning upon execution of the contract and ending upon project completion, to install Pedestrian Improvements on Santa Ana Boulevard, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $347,500, which includes the construction contract, administration, inspection and testing, and an authorized contingency of $27,800. AGREEMENTS 25A. AGMT NO. 2016 -368 - LEASE AGREEMENT FOR WESTEND SUBSTATION MOTION: Authorize the City Manager and Clerk of the Council to execute a month -to -month lease agreement with Rio West, LLC, for the period of November 1, 2016 to October 31, 2017, for the use of the Westend CITY COUNCIL MINUTES 15 DECEMBER 20, 2016 1 0A -15 Substation, in the amount of $2,472 per month, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25B. AGMT NO. 2016 -369 - AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE FOR AFFORDABLE HOUSING AT 2151 EAST FIRST STREET {STRATEGIC PLAN NO. 5, 3A; 3C} - Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the HOME Investment Partnerships Program loan agreement and Promissory Note with Guest House LP to include the Limited Partner in the agreement and to adjust the affordability of the units in the event of a foreclosure for 71 units of affordable housing at 2151 E. First Street, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2016 -370 - PURCHASE OF UNLEADED AND DIESEL FUEL {STRATEGIC PLAN NO. 6, 2) - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute a one -year agreement from January 1, 2017 through December 31, 2017 with Santa Ana vendor ]PC Fuel Distribution, Inc. in a total amount not to exceed $950,000, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2016 -371 - MAINTENANCE AND SUPPORT OF CLASS SOFTWARE FOR THE CITY'S ATHLETIC FIELDS, RECREATION CENTERS AND SENIOR CENTERS {STRATEGIC PLAN NO. 5, 6C) (SURPLUS FUNDING) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment with Active Network, which will extend the term end - date from November 30, 2016 to November 30, 2017 and increase the total amount under the existing agreement and amendment by $11,965.91 for CITY COUNCIL MINUTES 16 DECEMBER 20, 2016 1 0A -16 25E. 25 F. ; the renewal period for a total amount of $34,230.88 for the three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. Mayor Pro Tern Martinez, expressed support for Agenda Items 25E and 25F. MOTION: - Authorize the City Manager and the Clerk of the Council to execute an agreement with KOA Corporation ( "KOA ") with an aggregate amount not to exceed $80,518.75 for a one -year term expiring on December 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and the Clerk of the Council to execute the attached agreement with DKS Associates ( "DKS ") to prepare an innovative, phased, and transitional parking code requirements study with an aggregate amount not to exceed $99,972 for a one -year term expiring on December 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) CITY COUNCIL MINUTES 17 DECEMBER 20, 2016 1 0A -17 ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the purchase price for the full real property acquisition and goodwill (if any) with property owner George De Anda, for the property located at 1221 North Bristol Street and 1240 West Washington Avenue (APN Nos. 405 - 274 -12; 405 - 274 -13), in an amount of $1,300,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) Mayor Pro Tern Martinez, concerned that Memorandum of Understanding (MOU) with Police Officers Association referred was not included. Executive Director of Personnel Services, Ed Raya, indicated that agreement had been previously approved by the City Council, PERS notified the City that benefits were not PERSable; previous administration entered into agreement with PARS to provide benefit included in MOU. MOTION: Authorize the City Manager and Clerk of the Council to restate and amend the agreement with Public Agency Retirement Services (PARS), establishing a trust to provide supplemental retirement benefits to a limited number of former Police Officers Association members for an CITY COUNCIL MINUTES 18 DECEMBER 20, 2016 1 0A -18 extended period in an amount not to exceed $125,000 per year, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement of Tenant Interest and goodwill (if any) with property owner, Mike Otero, for the property located at 2123 South Bristol Street (APN Nos. 015 - 194 -20, -21, -22) in the amount of $31,335. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 25J. AGMT NO. 2016 -377 - CONSULTANT DESIGN SERVICES FOR THE SANTA ANA ZOO GIANT RIVER OTTER EXHIBIT (PROJECT NO. 16 -2658) {STRATEGIC PLAN NO. 6, 1G) - Public Works Agency and Parks Recreation and Community Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with CLR Design for the two -year term beginning December 21, 2016, and expiring on December 20, 2018, with the option for the City to grant up to a two one -year renewal options, in the total amount of $313,695, and authorize a 10 percent contingency for design in the amount CITY COUNCIL MINUTES 19 DECEMBER 20, 2016 1 0A -19 of $31,370, subject to nonsubstantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET 29A. PAYMENT AUTHORIZATION TO PROCURE AMERICA FOR ELECTRIC UTILITY COST REDUCTION SERVICES {STRATEGIC PLAN NO. 4, 3D} - Finance and Management Services; and Parks Recreation and Community Services MOTION: Authorize payment of Procure America Invoice #6 -1603b in the amount of $15,078.99 as compensation for generating electrical utility cost savings under Agreement A- 2014 -227. 29B. DONATION AGREEMENT TO SUPPORT A RELAY FOR LIFE EVENT {STRATEGIC PLAN NO. 5, 4) - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with American Cancer Society, Inc. for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2016 -36 AND VARIANCE NO. 2016 -07 TO ALLOW THE TWO THUMBS UP CAR WASH AT 4412 WESTMINSTER AVENUE — JAMES GARTNER, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency 31 Be Planning Commission approved recommended action on November 28, 2017, by a vote of 6 -0 (Gartner abstained). MOTION; Receive and file the staff report approving Conditional Use Permit No. 2016 -36 as conditioned and Variance No. 2016 -07 as conditioned. CITY COUNCIL MINUTES 20 DECEMBER 20, 2016 1 OA -20 Planning Commission approved recommended action on November 28, 2017, by a vote of 7 -0. Councilmember Martinez, opposed to item due to lack of retrofit. Councilmember Solorio, echoed concern; need boiler plate language for future facilities. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -27 as conditioned. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 31 C. CONDITIONAL USE PERMIT NO. 2016 -34 TO ALLOW THE OPERATION OF A MICROBREWERY WITH A LIMITED TASTING AREA AND LIMITED DIRECT SALES TO CUSTOMERS LOCATED AT 3480 WEST WARNER AVENUE, UNIT B - SANTA ANA RIVER BREWING CO., APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4) - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -34 as conditioned. 31 D. CONDITIONAL USE PERMIT NO. 2016 -39 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION FOR PIZZA HUT RESTAURANT LOCATED AT 3317 SOUTH BRISTOL STREET - ALICIA MALDONADO, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -39. CITY COUNCIL MINUTES 21 DECEMBER 20, 2016 1 OA -21 31 E. CONDITIONAL USE PERMIT NO. 2016 -40 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT 2791 NORTH MAIN STREET - TERRY WOMACK, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -40. 31 F. CONDITIONAL USE PERMIT NO. 2016 -42 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2016 -43 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. FOR GU RAMEN LOCATED AT 304 NORTH MAIN STREET - GREGG HANOUR, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on November 28, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -42 and Conditional Use Permit No. 2016 -43 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A. ORDINANCE TO COMPLY WITH NEW STATE LAW (PROP 64); ORDINANCE TO REGULATE INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE; REQUIRE INDIVIDUALS OBTAIN RESIDENTIAL CULTIVATION PERMIT SUBJECT TO REASONABLE REGULATIONS; PROHIBIT INDOOR COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION {STRATEGIC PLAN 1; 3; 4; 5} - City Manager's Office; City Attorney; and Planning and Building Agency Gil Salmon, expressed concern with possible loss of public health funds by banning outside cultivation; job growth and economic development funds may be limited. CITY COUNCIL MINUTES 22 DECEMBER 20, 2016 1 OA -22 Councilmember Solorio, asked if it was necessary that it be approved before end of the year. City Attorney Carvalho, indicated that only indoor growth needs to be consistent with proposition. Councilmember Solorio, concerned with permit fee and no enforcement plan; does not support those elements as proposed. Mayor Pro Tern Martinez, opined that many more code enforcement officers will need to be hired if City is to regulate. Deputy City Manager, Robert Cortez, indicated that the fee has not been established and will be forthcoming for City Council consideration. City Manager Cavazos, proposal is to comply with proposition 64; a briefing paper will be agendized on the January 17, 2017 City Council meeting. Councilmember Tinajero, asked if it was necessary to take action tonight. City Attorney Carvalho, noted that ordinance would permit residential growth with permit; changes to ordinance may need to re- introduce the ordinance. Councilmember Solorio, asked if it was appropriate to amend the ordinance to keep elements to allow up to 6 plants in residential homes and strike out any reference to permit and commercial and outdoor cultivation (Section 5, also section 18 -20 in proposed ordinance) to allow individuals 21 years of age and older and strike out the residential permit; motion with amendments as recommended, seconded by Councilmember Tinajero. MOTION: 1. Place amended ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64); ORDINANCE TO REGULATE INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE SUBJECT TO REASONABLE REGULATIONS; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION 2. Completely ban commercial and outdoor marijuana cultivation. MOTION: Solorio SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, CITY COUNCIL MINUTES 23 DECEMBER 20, 2016 1 OA -23 Villegas (6) NOES: Pulido (1) ABSTAIN: None (0) ABSENT: None (0) 50B. ORDINANCE AMENDING CHAPTER 33, ARTICLE VII, OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency Gil Salmon, indicated that vote by the ETAC is not included in the report; advisory role is split with environmental aspects advisory to the City Council and the transportation issues to the Public Works Director; concerned with ordinance as proposed; suggested amendment to ordinance to be advisory to the City Council in all matters. Mayor Pro Tern Martinez, does not support as proposed; committee members are to be accountable to the City Council; proposed motion to table matter, seconded by Mayor Pulido. Councilmember Benavides, asked if role was expanded and who they are advisory to. Executive Director of Public Works Agency, Fred Mousavipour, indicated that Council Committee on transportation issues already exist. Councilmember Benavides, focus has been environmental although the title allows for transportation; offered a substitute motion to allow for both the environmental and transportation issues to be advisory to the City Council, as requested by speaker. SUBSTITUTE MOTION: Place amended ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2910 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE MOTION: Benavides VOTE: AYES SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) CITY COUNCIL MINUTES 24 DECEMBER 20, 2016 1 OA -24 NOES ABSTAIN: ABSENT: None (0) None (0) Tinajero (1) 50C. AGENDA ITEM CONSIDERED OUT OF ORDER 50D. REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 4) - Planning and Building Agency MOTION: Continue consideration of matter at the request of staff to a future meeting. RESOLUTIONS 55A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K -9 {STRATEGIC PLAN GOAL NO. 1, 3A} - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016 -095 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K -9 2. AGMT NO. 2016 -378 - Authorize the City Manager and Clerk of the Council to execute the attached purchase agreement with Santa Ana Police Officer McCarthy for the purchase of his retired Police K -9 in the amount of $1, subject to non - substantive changes approved by the City Attorney and City Manager. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 25 DECEMBER 20, 2016 1 OA -25 556. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A DONATION OF EQUIPMENT FOR THE SANTA ANA POLICE ATHLETIC & ACTIVITY LEAGUE PROGRAM (SAPAAL) FROM THE LA GALAXY FOUNDATION AND SOUTHERN NEW HAMPSHIRE UNIVERSITY {STRATEGIC PLAN NO. 1, C} - Police Department The following spoke on the matter: Ilya Tseglia, concerned with treatment of son at the State level; request police assistance. Robert Tseglia, echoed comments by father. MOTION: Adopt a resolution. RESOLUTION NO. 2016 -096 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF EQUIPMENT FOR THE SANTA ANA POLICE ATHLETIC & ACTIVITY LEAGUE PROGRAM FROM THE LA GALAXY FOUNDATION AND SOUTHERN NEW HAMPSHIRE UNIVERSITY MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) REPORTS 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: 1. Review calendar of regularly scheduled City Council Meetings in 2017. 2. Cancel the regularly scheduled City Council meeting of January 3, 2017 and July 18, 2017. 3. Approve the 2017 calendar of regularly scheduled City Council meetings. CITY COUNCIL MINUTES 26 DECEMBER 20, 2016 1 OA -26 4. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Vlllegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. 2017 ANNUAL REVIEW AND APPOINTMENT OF REGIONAL BOARD REPRESENTATIVES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Continue consideration of matter to the January 17, 2017 City Council Meeting. MOTION: Benavides SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Vlllegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65C. APPROVE THE BUDGET CALENDAR FOR FISCAL YEAR 2017 -18 (STRATEGIC PLAN NO. 4, 1) - Finance and Management Services MOTION: Approve the Budget Calendar for fiscal year 2017 -2018. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 27 DECEMBER 20, 2016 1 OA -27 65D. COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NOS. 2,2A; 2,213; 5,413; 5,5C; 5,6C } — Commundity Development Agency Councilmember Solorio, requested a continuance. MOTION: Continue consideration of matter to the January 17, 2017 City Council Meeting. MOTION: Solorio SECOND: Martinez VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: Benavides (1) ABSENT: None (0) *Councilmember Benavides, abstained on matter due to potential conflict of interest, and his employment with Kidworks (per Government Code 1090). 65E. EVALUATION OF OPTIONS CONCERNING POTENTIAL TRANSITION TO A BY- DISTRICT ELECTIONS SYSTEM {STRATEGIC PLAN NO. 5, 1} — City Attorney's Office Councilmember Tinajero, requested matter be tabled for 30 days. MOTION: Continue consideration of matter to the January 17, 2017 City Council Meeting. . MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 28 DECEMBER 20, 2016 1 OA -28 65F. ADOPT THE FISCAL YEAR 2015 -16 SURPLUS ALLOCATION PLAN {STRATEGIC PLAN NOS. 1, 1; 2, 1, 2) - Finance and Management Services City Manager Cavazos, noted that surplus includes the triple funding that was received this fiscal year; highlighted funding request. City Attorney Carvalho, cautioned that in the future when agreements entered that the funding commitment also be included. The following spoke on the matter: • Lynette Guzman, spoke in support of open space opportunity; supports Option A for joint use park development project. • Gil Salmon, echoed comments expressed earlier; need open space. • Nancy Mejia, representing Latino Health Access, encourage continued investment in our community; Option A will assist with obesity rates and park poor areas. Councilmember Benavides, spoke of investments in our community with one- time funds; some options proposed support infrastructure improvements, while others are over -time costs; motion to support Option 1A, and Items 2 and 3 as recommended by staff. Councilmember Solorio, motion to continue matter to further evaluate budget, and staffing needs; supports parks, seconded by Mayor Pulido. MOTION: Continue consideration of matter, at the request of the City Council. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Pulido Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) Tinajero (1) None (0) None (0) 75A. 2017 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F) - Community Development Agency Legal Notice published in the Orange County Reporter on December 9, 2016. Mayor Pro Tern Martinez opening the Hearing. The following spoke in support of the matter: CITY COUNCIL MINUTES 29 DECEMBER 20, 2016 1 OA -29 • Ryan Smolar, of Downtown Inc., presented annual report highlighting shared accomplishments. • Robyn MacNair, spoke of the value of the business improvement district; allows student collaborations. • Yenny Bernal, spoke in support of assessment. • Dino Perez, also support assessment; benefit to the business community. • Franky Castle, local artist, supports district assessment. • Raul Yanez, welcomed incoming councilmembers; supports assessment. • Claudia Arellanes, supports fee assessment. • Sam Romero, echoed support for assessment. • Madeleine Spencer, need accountability measures. • Chris Schmidt, opined that assessment district has been vital. There were no other speakers and the hearing closed. Councilmember Solorio, pleased that entities working together; consider internship for the youth such as marketing. Councilmember Sarmiento, supports assessment district, would like to see secondary site in the south main area. Councilmember Tinajero, excited to know that so many students participate. Councilmember Benavides, supports items. Mayor Pro Tern Martinez, thanked all for positive impact and working together. Asked for parking pro forma information from City Manager; place making is important as well as traffic safety concerns. MOTION: Adopt a resolution. RESOLUTION NO. 2016 -097 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2017 MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) *Mayor Pulido reported a potential conflict of interest due to proximity to family business and recused from matter. CITY COUNCIL MINUTES 30 DECEMBER 20, 2016 1 OA -30 75B. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2015 -03 FOR THE HERITAGE VILLAGE MIXED -USE DEVELOPMENT AT 2001 EAST DYER ROAD — PAMELA SAPETTO, APPLICANT {STRATEGIC PLAN NO. 5, 3) - Planning and Building Agency Planning Commission denied the First Amendment to Development Agreement No. 2015 -03 on November 14, 2017 by a vote of 5 -1 (Gartner opposed, Bacerra abstained). Legal Notice published in the Orange County Reporter on November 25, 2016 and notices mailed on December 8, 2016. Consideration of item continued from the December 6, 2016 City Council meeting. Mayor Pulido opened the hearing. The following spoke on the matter: • Ana Urzua, Campaign Coordinator with Building Healthy Communities, congratulated the City Council on unanimous approval of sanctuary ordinance; does not support the phasing of fees until residents have direct benefit; opined that rent crisis exist; recounted benefits that development project has already enjoyed. • Hugo Munoz, member of SACReD, supports community benefit agreement and affordable housing. • Gil Salmon, asked that developer not have phases; spoke in opposition to matter. • Ryan Smolar, good development needs to occur; commit to work with developers; affordable housing is needed in City. • William Devine, Ryan Ogulnick, Drew Colquitt, and Pamela Sapetto are member of development team available to answer questions. • Karla Lopez del Rio, opined that use of 180 units are better served than offer in -lieu fees; opposed to item. • Evelyn Torres, spoke of high housing costs; propose to raise fees and funds to go to community benefit fund. • Carlos Malades, SACReD member, encouraged new councilmembers to work with group like former councilmembers; read letter for the record. • Apolonio Cortez, not opposed to development, but it needs to be responsible development and have mutual benefit. • Cesar Covarrubias, Executive Director of the Kennedy Commission, indicated that although 3000 units are in the pipeline most residents not able to afford; addressed in -lieu fees. Councilmember Benavides, proposal is to either have all of the funds be paid upfront or phased into three; asked about the upfront and phasing of fees. Executive Director of Planning and Building Agency, Hassan Haghani, indicated that usually developer finances in phases because each phase is financed separately. CITY COUNCIL MINUTES 31 DECEMBER 20, 2016 1 OA -31 City Attorney Carvalho, ordinance does not require payment of in -lieu fees, but the ordinance requires the building of low and moderate income units; if the builder does not want to build such units it allows them to pay to opt -out and pay upfront. Councilmember Benavides, if funds collected and phases not built, what happens? City Attorney Carvalho, said that it would be up to Planning and Building to decide how many units in each phase are built to meet the requirements. Executive Director of Planning and Building Agency, Haghani, said that it would be a percentage if developer built and not opt to pay fees. William Devine, attorney for developer, disagreed and opined that it would be a percentage of habitable units. City Attorney Carvalho, position that it is not a mitigation impact fee, but an affordable housing fee. Councilmember Sarmiento, concerned that item tied to joint item 80B; in April of 2016 adopted letter of intent to support affordable housing project. Councilmember Tinajero, supports very low affordable housing projects; both projects are good for the City. Mayor Pro Tern Martinez, does not support agreement that Planning Commission denied; developer has existing commitment; concerned that no Request for Proposal process followed and utilizing $6.7 million housing funds; not a City obligation. Councilmember Solorio, asked if projects were at one point related; nexus to AMCAL project. City Manager Cavazos, indicated Heritage Project had been previously approved, in -lieu fees were designated in their entirety to AMCAL, funds available in successor agency; may be a year or year and a half for funds to be available; unique circumstances in which staff supports recommendation. Councilmember Solorio, supports both projects; largely market rate housing; interested in renovating substandard units throughout the City; developer will pay fees in phases. Councilmember Villegas, uncomfortable with the phasing; City should not be responsible; supports AMCAL project; concerned that Planning Commission had denied. Councilmember Benavides, concerned with City's obligation CITY COUNCIL MINUTES 32 DECEMBER 20, 2016 1 OA -32 Councilmember Sarmiento, City helping to fund needed project. City Manager Cavazos, almost $10 million available in successor agency funds; risk is that City did not go through RFP process; not a financial risk. Councilmember Sarmiento, relief being considered for developer; council committee has considered in the past. City Attorney Carvalho, indicated that staff had indicated that no other funding sources available to fund AMCAL; need to protect City and assure that funds available. Mayor Pulido, concerned that projects are intertwined — allowing phases and using successor funds. Councilmember Sarmiento, thanked developer for meeting with community; suggested repayment plan and additional community benefit as a good faith effort. Mayor Pro Tern Martinez, asked for an explanation why successor funds are being recommended in place of in -lieu fees. Judson Brown, explained fees. Mayor Pro Tern Martinez, indicated that phase 3 does not have an implementation plan; does not support either project because process not followed; City taking responsibility and not developer. Judson Brown, clarified that phasing of development agreement will delay the AMCAL project, but Agenda Item 80B will bridge the project and allow both to move forward. City Attorney Carvalho, noted that in lieu fees do not have requirements, but successor agency funds, much like former housing set -aside funds have restrictions that are not imposed on AMCAL project, but only approximately $3 million in account. Councilmember Solorio, current community benefit includes public art; as monies are received will be reimburse City's account, but overall will allow for affordable housing. Councilmember Tinajero, suggested friendly amendment to the motion to include Repayment Plan and continue to have dialogue with the community on both projects. City Manager Cavazos, noted that building phase already in place, thus not needed. Councilmember Solorio, indicated that as payments received will consider other beneficial project. MOTION: CITY COUNCIL MINUTES 33 DECEMBER 20, 2016 1 OA -33 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2. AGMT NO. 2016 -379 - Approve the First Amendment to Development Agreement No. 2015 -03. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) RECESSED THE CITY COUNCIL MEETING AT 12:39 A.M. AND CONVENED A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY *Councilmember Benavides left the meeting at 12:40 a.m. and did not return. JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2015 -16 — LOW AND MODERATE INCOME HOUSING ASSET FUND {STRATEGIC PLAN NO. 5, 11 MOTION: Receive and file. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Benavides (1) CITY COUNCIL MINUTES 34 DECEMBER 20, 2016 1 OA -34 80B. APPROVAL OF CONDITIONAL LOAN COMMITMENT AND AWARD OF $6,195,000 OF AFFORDABLE HOUSING FUNDS TO AMCAL MULTI - HOUSING, INC FOR THE FIRST STREET APARTMENTS PROJECT {STRATEGIC PLAN NO. 5, 3C} The following spoke on the item: • Karla Lopez del Rio, supports project and disappointed that some councilmembers did not approve Agenda Item 75B. • Apolonio Cortes, urges support for project that will mitigate high housing costs and address needs. • Cesar Covarrubias, Executive Director of Kennedy Commission, supports project that is companion project to 2001 E. Dyer Road project; need to provide housing for all. • Joese Hernandez, representing OCCORD, stated for the record that they support real affordable project; against tax subsidies - favor responsible development. Councilmember Tinajero, motion to approve. Councilmember Solorio, supports project; remainder of housing funds need to develop a Plan on how to utilize; suggested a study session. Councilmember Sarmiento, echoed thoughts, thanked speakers, the community land trust funds may be leveraged for future project and would instill goodwill with the community. Mayor Pulido, indicated that Councilmember Villegas alluded earlier that when project funded in this manner, the City is more at risk; concerned with sole source; asked if appropriation adjustment requires five affirmative votes. Matter will be forthcoming when the loan agreements are considered by the City Council. MOTION. 1. AGMT NO. 2016-380 - Authorize the City Manager to execute a conditional loan commitment letter for $2,600,000 of inclusionary housing in -lieu fees anticipated from the Heritage Village OC, LLC in order to reduce the $8,795,000 previously approved by City Council on April 19, 2016, that will be contingent on the City's actual receipt of an in -lieu fee payment of $2,600,000 from Heritage Village OC, LLC. 2. Authorize the City Manager /Executive Director and the City Attorney to draft loan agreements for future City Council consideration in an amount not to exceed $2,600,000 for the First Street Apartments Project. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Sarmiento, Solorio, Tinajero, Villegas (4) CITY COUNCIL MINUTES 35 DECEMBER 20, 2016 1 OA -35 NOES: Martinez, Pulido (2) ABSTAIN: None (0) ABSENT: Benavides(1) ADJOURNED THE JOINT MEETING AT 12:30 A.M. AND CONVENED THE HOUSING AUTHORITY MEETING AT 12:31 A.M.; RECONVENED THE CITY COUNCIL MEETING AT 12:32 A.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: Merry Christmas and good night to all. Councilmember Tinajero: Asked Councilmember Villegas for rational for placing City Manager's evaluation on Closed Session; need to move City forward. o Councilmember Villegas, noted that it was a Closed Session matter and not able to discuss. Mayor Pro Tern Martinez: • Wished all a Merry Christmas; • Requested adjournment in memory of former Mexican Consul in Santa Ana, Alejandra Garcia Williams, who passed away from brain cancer. Councilmember Solorio: Thanked colleagues for dialogue and look forward to addressing public safety concerns. Councilmember Villegas: • Wished all a Merry Christmas. Mayor Pulido: Adjourned in memory of Orange County Fire Captain Eric Weave; former Santa Ana Mexican Consul, Alejandra Garcia Williams; and former Planning Commissioner, Sandy Nalle. CITY COUNCIL MINUTES 36 DECEMBER 20, 2016 1 OA -36 ADJOURNED- 12:59 a.m. - The next regular meeting scheduled on January 3, 2017 to be cancelled. The next meeting of the City Council will be held on Tuesday, January 17, 2017 at 5:00 for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. In Memory of Alexander "Sandy" Nalle, OCFA Captain Eric Weave, and Alexandra Garcia Williams Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 37 DECEMBER 20, 2016 1 OA -37 1 OA -38 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 28, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 12:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: P. DAVID BENAVIDES VICENTE SARMIENTO, Mayor Pro Tern SAL TINAJERO STAFF Present: ROBERT CORTEZ, Deputy City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Robert Oliver, opposed to negative employment action against the City manager because of obvious conflict of interest; wrongful employment retaliatory and avoid potential conflict of interest; may open City to liability. • Albert Castillo, opined that City Council holding meeting when other members not able to attend; need to focus on moving the City forward. • Claudia Arellanes, indicated that City has momentum and with such proposed action will disestablish; three representatives out of town. • Madeleine Spencer, credited City Manager with advances; concerned with action proposed. • Ryan Smolar, spoke in support of City Manager and policies that he has brought from a larger City; indicated that many people had contacted him that were concerned about meeting conducted and without the public trust and public knowledge of what's really happening. • Samuel Romero, spoke in support of the City Manager. • Benjamin Vazquez, concerned with noticing of meeting and proposed actions; urged Mayor Pro Tern not to be involved and vote City Manager out. CITY COUNCIL MINUTES 1 DECEMBER 28, 2016 1OB -1 • Eddie Oullares Jr., noted that business license and planning difficult to navigate but processes improving with current City Manager, • Angelica Amezcua, wrong to hold a meeting when other elected officials are out of town; opined that City Manager has done a tremendous job for the City. • Cezanne Brawning, long term resident expressed concern that many things have been going downhill throughout the City since the current City Manager hired; opined that City Manager receives very high salary and residents not getting what they deserve. • Raul Yanez, spoke in support of City Manager; has experienced growth and progress due to Mr. Cavazo's efforts. • Ivan Enriquez, opposed to any disciplinary action against City Manager. • Hario Cortes, have worked with City Manager; need to evaluate based on actions; support City Manager. • Hugo Munoz, very concerned with proposed actions. • Ana Urzua, indicated that City has had much progress as a result of transparency and accountability; concerned with lack of good faith and public knowledge; hold City Manager to higher standards. COUNCIL RECESSED to Room 147 for Closed Session discussion at 12:31 p.m. CLOSED SESSION ITEM - 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. PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE AND/OR DISCIPLINARY ACTION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager CLOSED SESSION REPORT - City Attorney Carvalho reported that by a 4 -0 vote the City Manager was placed on leave as the City Council continues to review and investigate current and former issues arising from his personal performance evaluations, including but not limited to the impacts of personal workplace relationships and the development of a romantic relationship policy. ADJOURNED —1:41 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 DECEMBER 28, 2016 10 B -2 CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: SECOND READING ORDINANCE: RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS (STRATEGIC PLAN NO. 5, 6F) CITY MANAGER Place revised ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FalW401118J l 7 On December 20, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2908 - RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS The ordinance as amended removes Section 7(f) regarding the applicability of Section 7 to subjects in the following circumstances: subjects who have an outstanding criminal warrant; subjects who have been convicted of a felony; and subjects who are defendants who have a pending felony charge. Additional non - substantial changes were made to the ordinance to reorganize and clarify remaining sections, as reflected in Exhibit 1. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). 11 A -1 Ordinance - Relating to the City's Procedures Concerning Sensitive Information and the Enforcement of Federal Immigration Law January 17, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar Clerk of the Council EXHIBITS: 1. Ordinance No. NS -2908 — Marked up version reflecting changes 2. Ordinance No. NS -2908 — Final version without markups 11 A -2 jmf 1.10.17 (new language underlined, deleted language in strikeout for tracking purposes only) ORDINANCE NO. NS -XXX AN UNCODIRED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE CITY'S PROCEDURES CONCERNING IMMIGRATION STATi is SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population. B. The City of Santa Ana welcomes, honors, and respects the contributions of all of its residents, regardless of their immigration status. C. Immigrants and their families In Santa Ana contribute to the economic and social fabric of the City by establishing and patronizing businesses, participating. in the arts and culture, and achieving significant educational accomplishments. D. Fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City's mission of delivering efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents, E. The City of Santa Ana seeks to continue to foster trust between City officials and residents to protect limited local resources, to encourage cooperation between residents and City officials, including law enforcement officers and employees, and to ensure public safety and due process for all. In recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people, the City Council, on December 6, 2016, adopted Resolution No. 2016 -086 declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status. This Resolution Exhibit I Ordinance No. NS -XXX 11 A -3 Page 1 of 5 Jmf 1.10.17 called for certain actions by the City relative to the administration and enforcement of federal immigration law, which is the exclusive authority of the federal government. G. The City now wishes to enact specific procedures consistent with Resolution No. 2016 -086 and the City's commitment to social justice and inclusion. SECTION 2. Purpose and Intent. The City of Santa Ana is one of the most ethnically, racially, and religiously diverse cities in the United States, with immigrants comprising approximately 46 percent of the City's population. The City has long derived its strength and prosperity from its diverse community, including those who identify as Immigrants, and prides itself on their achievements. The cooperation of the City's immigrants is essential to advancing the City's mission, vision, and guiding principles, including community safety, support foryouth and education, economic development, and financial stability. Through the City's commitment to social justice and inclusion, one of the City's most important objectives is to enhance its relationship with all its residents, including immigrants. Due to the City's limited resources, the complexity of federal civil Immigration laws, the need to promote trust and cooperation from the public, including Immigrants, and to attain the City's objectives, the City Council finds that there is a need to clarify the communication and enforcement relationship between the City and the federal government. The purpose of this ordinance is to establish the City's procedures concerning immigration status and enforcement of federal civil immigration laws. SECTION 3. Requesting or Maintaining Information Prohibited. No City agency, department, officer, employee, or agent shall request or maintain information about sensitive Information about any person except as provided In this ordinance. status; status as a recipient of public assistance: sexual orientation: biological sex or or e: SECTION 4. Disclosing Information Prohibited. E*�Gept-as -attrwise preytded- No City agency, department, officer, employee, or agent shall disclose sensitive information wdang- hem o.t;ze -nShip eF4nm!gra#GR status-ef about any person a cept as provided in this ordinance. Ordinance No. NS -XXX Page 2 of 5 11 A -4 Imf 1 -10.17 SECTION 65. Exceptions to Prohibitions. The prohibitions in Sections 3 and 4 of this ordinance shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person's parent or guardian), where the information or disclosure Is necessary to provide a City service, or where otherwise required by state or federal law or judicial decision. SECTION 76. Use of City Resources Prohibited. No City agency, department, officer, employee, or agent shall use City funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal civil immigration law ration status yep, unless such assistance is required by any valid and enforceable federal or state law or is contractually obligated. Nothing in this Section shall prevent the City, including any agency, department, officer, employee, or agent of the City, from lawfully discharging his or her duties in compliance with and in response to a lawfully Issued judicial warrant or subpoena. The prohibition set forth in this Section shall Include but not be limited to: (a) identifying, investigating, arresting, detaining, or continuing to detain a person solely on the belief that the person is not present legally in the United States or that the person has committed a a "ril immigration violation of immigration law; immigration laws (bg) arresting, detaining, or continuing to detain a person based on any immigration detainer or federal administrative warrant, when such immigration detainer or administrative warrant is based solely on a violation of federal QWR immigration law, or otherwise honoring any such detainer, warrant, or request to detain, interview, ortransfer; (6d) notifying federal authorities about the release or pending release of any person for immigration purposes; (de) providing federal authorities with non - public information about any person for immigration purposes; and (ef) enforcing any federal program requiring the registration of individuals on the basis of religious affiliation or ethnic or national origin. ry y. M ..1.ys Sesn4'nn --hall net apply when investigation (�� nd „ Q4-y L g9RGy, dePai1:I"CIGI'It9 9 ) "�aa �rf�t— f.l�'tVatV`s tha4 6geGeEt-' -of� the investigation; Ordinance No. NMXX 11 A -5 Page 3 of 5 Jmf 1.10 -17 e - SECTION 87. Implementation of Policies. Within a reasonable time following adoption of this ordinance, the City shall implement policies to prevent biased - based policing and directing its law enforcement personnel to exercise discretion to cite and release individuals in lieu of detaining them at a local detention facility or county jail based on the nature of the crime alleged to be committed. The City shall also provide appropriate training and establish a commission, task force, or similar body composed of community members to advise the City Council on these and all policies related to this ordinance. SECTION 98. Ordinance Not to Conflict with Federal Law. Nothing in this ordinance shall be construed or implemented to conflict with any valid and enforceable duty and obligation imposed by a court order or any federal or applicable law. SECTION #09#89. No Private Right of Action. This ordinance does not create or form the basis of liability on the part of the City, its agencies, departments, officers, employees, or agents. It is not intended to create any new rights for breach of which the City is liable for money or any other damages to any person who claims that such breach proximately caused injury. The exclusive remedy for violation of this ordinance shall be through the City's disciplinary procedures for employees under applicable City regulations, unless the agency, department, officer, employee, or agent of the City is lawfully discharging his or her duties as set forth in Section 76. SECTION 4410. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. SECTION 4211. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. Ordinance No. NS -XXX Page 4 of 5 11 A -6 Jmf 1 -10.17 SECTION 4312. Certification by Clerk. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers - NOT PRESENT: Councilmembers Councilmembers 2017. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Ana 11 A -7 Ordinance No. NS -XXX Page 5 of 5 11 A -8 Jmf 1 -10.17 ORDINANCE NO. NS -XXX AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population. & The City of Santa Ana welcomes, honors, and respects the contributions of all of its residents, regardless of their immigration status, C. Immigrants and their families In Santa Ana contribute to the economic and social fabric of the City by establishing and patronizing businesses, participating in the arts and culture, and achieving significant educational accomplishments. D. Fostering a relationship of trust, respect, and open communication between City officials and residents Is essential to the City's mission of delivering efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. E. The City of Santa Ana seeks to continue to foster trust between City officials and residents to protect limited local resources, to encourage cooperation between residents and City officials, including law enforcement officers and employees, and to ensure public safety and due process for all. F. In recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people, the City Council, on December 6, 2016, adopted Resolution No. 2016 -086 declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status. This Resolution called for certain actions by the City relative to the administration and enforcement of federal immigration law, which is the exclusive authority of the federal government. Exhibit 2 Ordinance No, NS -XXX 11 A -9 Rage 1 of 5 imf 1.10.17 G. The City now wishes to enact specific procedures consistent with Resolution No. 2016 -086 and the City's commitment to social justice and inclusion. SECTION 2. Purpose and Intent, The City of Santa Ana is one of the most ethnically, racially, and religiously diverse cities in the United States, with immigrants comprising approximately 46 percent of the City's population. The City has long derived its strength and prosperity from its diverse community, including those who identify as Immigrants, and prides itself on their achievements. The cooperation of the City's immigrants is essential to advancing the City's mission, vision, and guiding principles, Including community safety, support for youth and education, economic development, and financial stability. Through the City's commitment to social justice and inclusion, one of the City's most important objectives is to enhance its relationship with all its residents, including immigrants. Due to the City's limited resources, the complexity of federal civil immigration laws, the need to promote trust and cooperation from the public, including immigrants, and to attain the City's objectives, the City Council finds that there is a need to clarify the communication and enforcement relationship between the City and the federal government. The purpose of this ordinance is to establish the City's procedures concerning immigration status and enforcement of federal civil immigration laws, SECTION . Requesting or Maintaining Information Prohibited, No City agency, department, officer, employee, or agent shall request or maintain information about sensitive information about any person except as provided in this ordinance. Sensitive information includes any information that may be considered sensitive or personal by nature, Including a person's status as a victim of domestic abuse or sexual assault; status as a victim or witness to a crime generally; citizenship or immigration status status as a recipient of public assistance; sexual orientation; biological sex or gender identity; or disability. SECTION 4. Disclosing Information Prohibited. No City agency, department, officer, employee, or agent shall disclose sensitive information about any person except as provided in this ordinance. SECTION 5. Exceptions to Prohibitions. The prohibitions in Sections 3 and 4 of this ordinance shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person's parent or guardian), where the Information or disclosure is necessary to provide a City service, or where otherwise required by state or federal law or judicial decision, SECTION 6. Use of City Resources Prohibited. No City agency, department, officer, employee, or agent shall use City funds, resources, facilities, property, equipment, or personnel to assist In the enforcement of federal Immigration law, unless such assistance is required by any valid and enforceable federal or state law or is contractually obligated. Nothing in this Section shall prevent the City, including any agency, department, officer, employee, or agent of the City, from lawfully discharging his or her duties in compliance with and In response to a lawfully issued judicial warrant or subpoena. Ordinance No. NS -XXX Page 2 of 5 11A -10 imf 1 -10 -17 The prohibition set forth in this Section shall include but not be limited to: (a) identifying, investigating, arresting, detaining, or continuing to detain a person solely on the belief that the person is not present legally in the United States or that the person has committed a violation of immigration law; (b) assisting with or participating in any immigration enforcement operation or joint operation or patrol that involves, in whole or in part, the enforcement of federal Immigration laws; (c) arresting, detaining, or continuing to detain a person based on any immigration detainer or federal administrative warrant, when such immigration detainer or administrative warrant is based solely on a violation of federal immigration law, or otherwise honoring any such detainer, warrant, or request to detain, interview, or transfer; (d) notifying federal authorities about the release or pending release of any person for Immigration purposes; (e) providing federal authorities with non - public information about any person for immigration purposes; and (f) enforcing any federal program requiring the registration of individuals on the basis of religious affiliation or ethnic or national origin. SECTION 7. Implementation of Policies. Within a reasonable time following adoption of this ordinance, the City shall implement policies to prevent biased - based policing and directing its law enforcement personnel to exercise discretion to cite and release individuals in lieu of detaining them at a local detention facility or county jail based on the nature of the crime alleged to be committed. The City shall also provide appropriate training and establish a commission, task force, or similar body composed of community members to advise the City Council on these and all policies related to this ordinance. SECTION 8. Ordinance Not to Conflict with Federal Law. Nothing in this ordinance shall be construed or implemented to conflict with any valid and enforceable duty and obligation imposed by a court order or any federal or applicable law. SECTION 8. No Private Right of Action. This ordinance does not create or form the basis of liability on the part of the City, its agencies, departments, officers, employees, or agents. It is not intended to create any new rights for breach of which the City is liable for money or any other damages to any person who claims that such breach proximately caused injury. The exclusive remedy for violation of this ordinance shall be through the City's disciplinary procedures for employees under applicable City regulations, unless the agency, department, officer, employee, or agent of the City is lawfully discharging his or her duties as set forth in Section 6. Ordinance No. NS -XXX 11A -11 Page 3 of 5 jmf 1.10.17 SECTION 10. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. SECTION 11. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. SECTION 12. Certification by Clerk. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: i1L. John M. Funk Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 11A -12 Ordinance No. NS -XXX Page 4 of 5 Jmf 1.10 -17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XM to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the Citv of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No, NS -XXX 11A -13 Page 5 of 5 11A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: SECOND READING ORDINANCE: COMPLIANCE WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION (STRATEGIC PLAN NO. 5, 1) r CITY TANAGER Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 20, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -1 (Pulido dissented): ORDINANCE NO. NS -2909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. MariA D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2909 - Marked up version reflecting changes. 2. Ordinance No. NS -2909 - Final version without markups. 1113-1 ..w 11 B -2 TB 12/20/16 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64) QMNANCE TO REG1.11.A -TE PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE SUBJECTTQ RE-ASONABL6-REGU.LATIONS ,RIE/IU4tB IA1111�/Ii111R 1LS '�-' -c�v �rca� . K--AAIIN- ID —T4AA! C46T4-VAT40N- PWMI-T; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On December 15, 2015, the City Council approved passed Ordinance No. 2889 banning the cultivation of marijuana or medical marijuana anywhere in the City. Per the approval of Prop 64, the City now desires to limit and regulate Indoor cultivation of marijuana for personal use to no more than six (6) living marijuana plants within a private residence by subject to rsasenaWe-regalatlsns- and- reg64e individuals 21 years old or older, o e eta ,r, -a-reeldentiai-outtivatien p„Fm',4Gr-�GW-t]Va#GR. The City also desires to continue to ban outdoor marijuana cultivation and indoor commercial marijuana cuitivatlon within City limits to the extent allowed by California law. This Ordinance effectuates that aim. 1. On June 28, 2016, the Secretary of State certified Prop 64, the Control, Regulate, and Tax Adults Use of Marijuana Act ( "Prop 64 "), for the November 8, 2016 ballot; 2. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition and the provisions of Prop 64 took effect on November 9, 2016, 3, Prop 64 authorizes the cultivation by individuals 21 years of age or older to plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants in a private residence for personal use. 4. The provisions of the AUMA and its amendments to the Health and Safety Code took effect on November 9, 2016. Pursuant to the AUMA, the City may enact reasonable regulations for the cultivation of non - medical marijuana that occurs inside a residence or accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure area. (Health and Safety Code sections 11362.2(a)(1) and 11362.2(b)(1).) The City may completely prohibit outdoor non - medical marijuana cultivation until such time as the California Attorney General determines that non - medical use of marijuana is lawful In California under Federal law. The City may also prohibit indoor commercial cultivation. 11 B -3 Exhibit I December 20, 2016 Page 2 6. The California Attorney General has not made a determination that non - medical use of marijuana is lawful in California under Federal law. 7. The City of Santa Ana has a compelling interest in ensuring it is compliant wlth� State law and that marijuana is not cultivated in an Illegal manner, in protecting the public health, safety and welfare of its residents and businesses, and in preserving the lawful use of land within its borders. B. 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 Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not Intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only In conformance with the Charter, Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 16061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 3, Section 18 -611, subdivisions (1) through (r -)(q) are hereby added to Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: (1) "Private Residence" shall have the same definition as that contained In Health and Safety Code section 11362.2(5). {�) "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. (k) "Parcel' means property assigned a separate parcel number by the Orange County assessor. (1) "Marijuana Products" shall have the same definition as that contained In Health and Safety Code section 11018.1. (m) "Marijuana Accessories" shall have the same definition as that contained In Health and Safety Code section 11018.2. (n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants for personal use within a private residence or accessory structure to a private residence, (o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants in any structure other than a private residence, Ordinance No. N8- 11 B -4 December 20, 2016 Rage 2 (p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants In any location within the City of Santa Ana that is not within a fully enclosed and secure structure. (q) "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which Is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors, IMIRM"r 211, M -Mill Vow- Section 4, Subsection (e) only of Section 18 -620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 18.620. Compliance with this article and state law. = c _ Section 5: Section 18.620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to add Section 18- 820(e), subdivisions (1), (i) -(v) and, (2), (3), (4)(i) -(ii} and � and is to read intuit as follows: 18 -620. Compliance with this article and state law (e) Cultivation of Marijuana. (1) Personal Cultivation. Individuals 21 years of age or olderwhe- abta4.a resident at sultavat ton pormit as self^ *� ,h sand+vis sn_(a.)(g) may plant, cultivate, harvest, dry, or process up to (6) living marijuana plants for personal use in a private residence or accessory structure to a single private residence in the City of Santa Ana As- a- eGRd4bn4o- tha- 4asuanse and must comply with the following requirements: (i) The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of properly; (ii) No more than six (6) living marijuana plants is permitted for indoor personal cultivation; (iii) Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the Ordinance No. NS- _ P.n. of 11B-5 December 20, 201a Page 2 grounds of the private residence not visible from the public right -of way. (iv) There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right -of- way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or (v) The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate In the commercial cultivation of marijuana In the City. (3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical marijuana is prohibited anywhere In the City. No person, including a quallfied patient or primary caregiver, shall engage, permit, or participate In the outdoor cultivation of marijuana in the City, (4) Nuisance. (1) It is hereby declared to be unlawful, a public nuisance, and a violation of this Chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana within a private residence, and such authorized person is complying with all requirements of this Chapter., (5) Public Nuisance Prohibited. (1) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance In the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces; (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; Ordinance No. N3- L �'. �f 11 B -6 December 20, 2016 Page 2 (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area Including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivatlon of marijuana. ea e. e gig - aC a •C a a- a: - o a e 11 B -7 Ordinanoe No. NS. D­ _r—' December 20, 2016 Page 2 � C •C 9 Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance Is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof Irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional, ADOPTED this day of 2017. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney Miguel A. Pulido Mayor 11 B -8 Ordinance No. NS- 0 --- ~..i December 20, 2016 Page 2 By: I TarharZ Bogosian For City Attorney AYES: Councllmembers: NOES: Councllmembers: ABSTAIN: Counoilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Marla Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No.NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ' and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 11 B -9 Clerk of the Council City of Santa Ana Ordinance No. NS- 11B-10 TB 12/20/16 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On December 15, 2015, the City Council approved passed Ordinance No. 2889 banning the cultivation of marijuana or medical marijuana anywhere in the City, Per the approval of Prop 64, the City now desires to limit and regulate indoor cultivation of marijuana for personal use to no more than six (6) living marijuana plants within a private residence by individuals 21 years old or older. The City also desires to continue to ban outdoor marijuana cultivation and indoor commercial marijuana cultivation within City limits to the extent allowed by California law. This Ordinance effectuates that aim. 1. On June 28, 2016, the Secretary of State certified Prop 64, the Control, Regulate, and Tax Adults Use of Marijuana Act ( "Prop 64!'), for the November 8, 2016 ballot; 2. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition and the provisions of Prop 64 took effect on November 9, 2016. 3. Prop 64 authorizes the cultivation by individuals 21 years of age or older to plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants in a private residence for personal use. 4. The provisions of the AUMA and its amendments to the Health and Safety Code took effect on November 9, 2016. 5. Pursuant to the AUMA, the City may enact reasonable regulations for the cultivation of non - medical marijuana that occurs inside a residence or accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure area. (Health and Safety Code sections 11362.2(a)(1) and 11362.2(b)(1).) The City may completely prohibit outdoor non - medical marijuana cultivation until such time as the California Attorney General determines that non - medical use of marijuana is lawful in California under Federal law. The City may also prohibit indoor commercial cultivation. 6. The California Attorney General has not made a determination that non - medical use of marijuana is lawful in California under Federal law. Exhibit 2 11B -11 December 20, 2016 Page 2 7. The City of Santa Ana has a compelling interest in ensuring it is compliant with State law and that marijuana is not cultivated in an Illegal manner, in protecting the public health, safety and welfare of its residents and businesses, and in preserving the lawful use of land within its borders. B. 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 Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 3. Section 18 -611, subdivisions (i) through (q) are hereby added to Article XI 11 of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: (1) "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5). (j) "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. (k) "Parcel" means property assigned a separate parcel number by the Orange County assessor. (1) "Marijuana Products" shall have the same definition as that contained in Health and Safety Code section 11018.1. (m) "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code section 11018,2. (n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants for personal use within a private residence or accessory structure to a private residence. (o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants in any structure other than a private residence. (p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants in any location within the City of Santa Ana that is not within a fully enclosed and secure structure. Ordinance No, NS- Page ___. of _ 11B-12 December 20, 2016 Page 2 (q) "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors. Section 4. Subsection (e) only of Section 18 -620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 18 -620. Compliance with this article and state law. (e) Cultivation of marijuana or medical marijuana is prohibited anywhere in the city. No person, including a qualified patient or primary caregiver, shall cultivate marijuana or medical marijuana in the city. Section 5: Section 18 -620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to add Section 18- 620(e), subdivisions (1), (I)-(v) and, (2), (3), (4)(1) -(1% and (5)(i)(1 -5) and is to read in full as follows: 18 -620. Compliance with this article and state law (e) Cultivation of Marijuana. (1) Personal Cultivation, Individuals 21 years of age or older may plant, cultivate, harvest, dry, or process up to (6) living marijuana plants for personal use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: (i) The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; (ii) No more than six (6) living marijuana plants is permitted for indoor personal cultivation; (iii) Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the grounds of the private residence not visible from the public right -of way. (iv) There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right -of- way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or (v) The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a Ordinance No. NS- Page _ of _ 11B-13 December 20, 2016 Page 2 qualified patient or primary caregiver, shall engage, permit, or participate in the commercial cultivation of marijuana in the City. (3) Outdoor Cultivation, Outdoor cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor cultivation of marijuana in the City. (4) Nuisance. (1) It is hereby declared to be unlawful, a public nuisance, and a violation of this Chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana within a private residence, and such authorized person is complying with all requirements of this Chapter. (5) Public Nuisance Prohibited. (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana. Section 6. 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 Ordinance No. NS- Page _ of 11B-14 December 20, 2016 Page 2 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2017. Miguel A. Pu Mayor APPROVED AS TO FORM Sonia R. Cary **y Attorney IBy For City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No.NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Ordinance No. NS- Page _ of _ 11B -15 December 20, 2016 Page 2 Date: 11B-16 Clerk of the Council City of Santa Ana Ordinance No. NS- Page _ of REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: SECOND READING ORDINANCE: AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE {STRATEGIC PLAN NO. 5, 1} �rt RECOMMENDED ACTION Place revised ordinance on second reading and adopt. DISCUSSION CLERIC OF COUNCIL USE ONLY: APPROVED As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2" Reading Implementing Resolution ® Set Public Hearing For® CONTINUED TO FILE NUMBER On December 20, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -0 (Tinajero absent): ORDINANCE NO. NS -2910 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Merfa D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2910 — Marked up version reflecting changes. 2. Ordinance No. NS -2910 — Final version without markups. 11C-1 11C-2 Jmf 1 -09.17 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council is authorized pursuant to Santa Ana Charter Section 900 to create by ordinance such appointive boards or commissions as in its judgment are required and is authorized to grant to them powers and duties consistent with the Charter. B. On December 2, 1991, the City Council created and established pursuant to City Council Resolution No. 91 -112 the Environmental and Transportation Advisory Committee (ETAC) for the City of Santa Ana, which consists of nine (9) members, citizens, residents and business representatives of the city. C. The various resolutions that govern ETAC have differing references to ETAC's role and duties. D. Ordinance No. NS -2414, which codified the duties of ETAC in Chapter 33 of the Santa Ana Municipal Code, only makes reference to ETAC's duties with respect to trees. E. The City Council seeks to update and clarify the duties of ETAC in order to remove any inconsistencies and ambiguities as to ETAC's role and duties as an advisory body. F. Rased on the foregoing, it is necessary to amend sections of the Santa Ana Municipal Code in order to clarify and update the duties of ETAC. SECTION 2. Section 33 -183 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Exhibit 1 Ordinance No. NS -XXX 11C-3 Page 1 of 4 Jrnf 1 -09.17 Sec. 33.183. Creation and establishment of the Eenvironmental and Ttransportation Aadvisory Csommittee. (a) On December 2, 1991, the city council created and established under city council Resolution No. 91 -112 the environmental and transportation advisory committee (ETAC) for the City of Santa Ana whlGh n 6!&t6 Of -he (9) I—em hgr8,-- GiIiZ$RS, F866GIORts and h 19USIR866 GRtatiy of this nifv ..rhn ire o . .n. 1. 1 .. w. .er enA clty G96IRG' i The Environmental and Transportation Advisory Committee shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of sections 900 and 900.1 of the Charter of the City of Santa Ana shall govern the appointment, removal, and terms of members of ETAC and the existence of vacancies on ETAC. Membership in ETAC need not be qualified electors of the city. laws. SECTION 3. Section 33 -184 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 33 -184. Duties and responsibilities of the Eenvironmental and Ttransportation Aadvlsory Ccommittee. (a) The duties of the ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees a;eAg-sity- streets in the public right of wgy. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. ETAC shall make recommendations on designated species for specific streets and neighborhoods, (b) ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana, (c) ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of the urban forest. the city council Ordinance No. NS -XXX 11C-4 Page 2 of 4 Imf 1 -09 -17 recommendation related to master planning of transportation and streetscape matters and guiding principles on Water and Wastewater matters. environment, streetscape, and right of way aesthetics. w. - C SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption. SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by taw. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS -XXX 11C-5 Page 3 of 4 jmf 1 -00.17 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No, i to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX 11C-6 Page 4 of 4 jmf 1 -09 -17 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council is authorized pursuant to Santa Ana Charter Section 900 to create by ordinance such appointive boards or commissions as in its judgment are required and is authorized to grant to them powers and duties consistent with the Charter. B. On December 2, 1991, the City Council created and established pursuant to City Council Resolution No. 91 -112 the Environmental and Transportation Advisory Committee (ETAC) for the City of Santa Ana, which consists of nine (9) members, citizens, residents and business representatives of the city. C. The various resolutions that govern ETAC have differing references to ETAC's role and duties. D. Ordinance No. NS -2414, which codified the duties of ETAC in Chapter 33 of the Santa Ana Municipal Code, only makes reference to ETAC's duties with respect to trees. E. The City Council seeks to update and clarify the duties of ETAC in order to remove any inconsistencies and ambiguities as to ETAC's role and duties as an advisory body. F. Based on the foregoing, it is necessary to amend sections of the Santa Ana Municipal Code in order to clarify and update the duties of ETAC. SECTION 2. Section 33 -183 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33 -183. Creation and establishment of the Environmental and Transportation Advisory Committee. (a) On December 2, 1991, the city council created and established under city council Resolution No. 91 -112 the environmental and transportation advisory committee EXhibi$ 2 Ordinance No. NS -XXX Page 1 of 3 jmf 1 -09 -17 (ETAC) for the City of Santa Ana. The Environmental and Transportation Advisory Committee shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of sections 900 and 900.1 of the Charter of the City of Santa Ana shall govern the appointment, removal, and terms of members of ETAC and the existence of vacancies on ETAC. Membership in ETAC may include one (1) member who shall be nominated by the Santa Ana Chamber of Commerce and one (1) member nominated by the Santa Ana Hispanic Chamber of Commerce within the nine (9) member limit. The members nominated by the Chambers need not be qualified electors of the city. (b) ETAC meetings and procedures shall be resolved and detailed in separately adopted by -laws. SECTION 3. Section 33 -184 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33 -184. Duties and responsibilities of the Environmental and Transportation Advisory Committee. (a) The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. ETAC shall make recommendations on designated species for specific streets and neighborhoods. (b) ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. (c) ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of the urban forest. (d) The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. (e) ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advise on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. SECTION 4. 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 Ordinance No. NS -XXX 11C-8 Page 2 of 3 jmf 1 -09 -17 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption. SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: John M. Funk Assistant City Attorney Councilmembers NOES: Councilmembers NOT PRESENT Councilmembers Councilmembers 2017. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11C-9 Ordinance No. NS -XXX Page 3of3 11C -10 • 4 " • JANUARY 17, 2017 TITLE: SECOND READING ORDINANCE: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2015 -03 FOR THE HERITAGE VILLAGE MIXED -USE DEVELOPMENT AT 2001 EAST DYER ROAD {STRATEGIC PLAN NO. 5, 1) CITY MANAGER Place ordinance on second reading and adopt. DISCUSSION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 20" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 20, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -1 (Martinez dissented): ORDINANCE NO. NS -2911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2911 11D-1 11 D -2 LS 11114/16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to the Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. This Amendment to the Development Agreement came before the Planning Commission for a duly noticed public hearing on November 14, 2016. The Planning Commission, on a vote of 5:1, with one abstention, made a motion to recommend denial of the Amendment to the Development Agreement. D. Entering into this First Amendment to the Development Agreement would provide the City with significant benefits that are of regional significance, relate to existing deficiencies in public facilities, and require the owner of the Heritage Village to contribute toward public benefits. E. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report EIR for the property, EIR No. 2015 -01, including the Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations, have been previously approved and certified by this Council. G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated December 20, 2016, Exhibit Ordinance No. NS -XXX Page 1 of 3 11 D -3 together with all supporting documents, including but not limited to, proposed resolutions, which are incorporated herein by this reference. Section 2. The First Amendment to the Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the.City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to cause this Amendment to Development Agreement to be recorded with the County Recorder's Office. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C& r.* Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 11 D -4 Ordinance No. NS -XXX Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11D-5 Ordinance No. NS XXX Page 3 of 3 11 D -6 %�Y. rRh Yr s CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Legislative City Council Committee meeting scheduled • Wednesday, • 1 at 12:00 • has been 3 The date of the next regularly scheduled meeting is March 22, 2017. aIf 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 35.1021 Ana Miguel A. Pulido Michele Martinez I Vicente Sarmiento Jose Scions P. David Benavldes Juan Vlllegas Sal Tinalero Mayor Mayor Pro Tern, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 oo aoraoenre -ene oru rn nan'nezraaante -ana om vaami enDonee,ae, imneaaarasanra- anao,n djmi or.s sa000m City Hall, 20 Civic Center Plaza - P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Ago it I dries: 714- 647 -5200 • Website: www.santa- ana.org '-i MON.". CITY OF SANTA ANA FINANCE, ECONOMIC DEVELOPMENT AND TECHNOLOGY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled City Council Committee meeting scheduled for Monday, January 9, 2017 at 5:30 p.m. has been cancelled. No future meeting is scheduled at this time. DIf 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 Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose Solorlo P. David Benavides Juan Villages Sal Tinajero Mayor Mayor Pro Tem, Word 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 moulldoralsanta- anaoro at mart! nezesanta- ana.ora vsarmientansanta- ana.ara isolorioasanta-ana.ora d benavidesAsanta- anaoro Ivllleaas(Jsanla- an..ora sfna'aroCa)santa -ana ore y City Hall, 20 Civic Center Plaza� O oxy988 . Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 . A g �n hies: 714- 647 -6520 • Website: www.santa- ana.ora REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2013 -170 (923 NORTH SANTIAGO STREET) (STRATEGIC PLAN NO. 3,2) CITY MAN ER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1° Reading ❑ Ordinance on 2 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER This action informs the City Council of the imminent approval of the subdivision based upon the Subdivision Map Act and meeting all of the conditions of approval set by the City. The City Engineer has received Final Parcel Map No. 2013 -170 (City Parcel Map No. 2014 -01), for 923 North Santiago Street (Exhibit 1), from the current owner, Depot at Santiago, L.P., a California Limited Partnership, and is in the process of reviewing the map for final approval. This subdivision is approved to divide one parcel into two. The subdivision is located in the Transit Zoning (Specific Development No. 84) and Heavy Industrial /Open Space (M2 -OZ) zoning districts to develop a multi -level mixed use residential and commercial project. The Tentative Parcel Map No. 2013 -170 was approved by the City Council on June 17, 2014. Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of January 17, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT here' no fiscal impact associated with this action. re M wsavi our Executive Director Public Works Agency Exhibit: 1. Map 17A -1 17A -2 CURB AND GUTTER 1 CIVIC CENTER Dnot'_ 63'i 80' Cn ° D1z >1 0, 01 cn 140' 47' '14 ll� 87' ° m er CURB AND GUTTER'S 104' i ( PL ° SANTA ANA City counch Ageneo Date: January 17, 2097 ME Ims /LF 52' 47' V \ST \FFOR f cl)' Z/ Q-, -.n i PL / i i 86' SANTA ANA BLVD CURB AND GUTTER EXHIBIT 1 Title: PARCEL MAP NO. 2013 -170 923 N SANTIAGO STREET 17A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR -ENDED JUNE 30, 2016 (STRATEGIC PLAN NO. 4, 1) / 1 vF -A c RECOMMENDED ACTION rp1=11.10DI AW ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the following audited and separately issued reports for Fiscal Year Ended June 30, 2016: 1. Comprehensive Annual Financial Report 2. South Coast Air Quality Management District (SCAQMD) 3. Appropriations Limit (GANN Limit) 4. Compliance with the Statement of Investment Policy DISCUSSION The Finance and Management Services Agency the lead on various audit and separately issued Independent Auditor, White Nelson Diehl Evans reports and related status. AUDITED REPORTS: - Accounting Division (Accounting Division) is reports compiled and prepared by the City's LLP (WNDE). Outlined below is a list of the Comprehensive Annual Financial Report (Exhibit 1) The Comprehensive Annual Financial Report (CAFR), prepared by the Accounting Division reports audited financial information on all City funds for the Fiscal Year ended June 30, 2016. The CAFR is prepared in accordance with the Generally Accepted Accounting Principles along with the reporting requirements set forth by the Governmental Accounting Standards Board. The CAFR was audited by the City's independent public accounting firm, WNDE, in accordance with Government Auditing Standards (GAS). WNDE was awarded a contract by the City Council on May 3, 2016 after successful completion of the City's Request for Proposal (RFP) process. 19D -1 Comprehensive Annual Financial Report for the Fiscal Year - Ending June 30, 2016 January 17, 2017 Page 2 • Accounting Division is pleased to report that that the City received an unmodified opinion; commonly known as a clean opinion, which is considered the most favorable conclusion for the Audit. The unmodified opinion indicates that the City's financial statements present fairly, in all material respects, the financial position of the City, changes in financial position, and cash flows for the fiscal year ended June 30, 2016. Audit of the City's South Coast Air Quality Management District (SCAQMD) financial statements Exhibit 2 Under Assembly Bill 2766 Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247], cities and counties receiving the AB 2766 funds are required to separately account for the revenue and to expend the revenue for air pollution reduction measures. The SCAQMD audit report reflects the City's compliance to such measures. • Accounting Division is pleased to report that the City received an unmodified opinion on the SCAQMD audit report and no compliance findings were noted. SEPARATELY ISSUED REPORTS: In addition to the CAFR and the SCAQMD reports, WNDE performed the following Agreed Upon Procedures (AUP) examinations: Appropriations Limit calculations, also known as GANN Limit (Exhibit 3) The GANN limit established the appropriations limit on expenditures for publicly funded programs in accordance with Section 1 of Article XIII of the California Constitution. Accounting Division is pleased to report that no findings were noted as a result of this AUP review. City's compliance with the Statement of Investment Policy (Exhibit 41 The report on the City's Investment Policy is elected to be performed by the City to ensure compliance. • Accounting Division is pleased to report that no findings were noted as a result of this AUP review. The CAM is posted and available on the City's website. In addition, FMSA submitted the report to the Government Finance Officers Association's Certificates of Achievement for Excellence in Financial Reporting Program. This award is the highest form of recognition in governmental accounting and financial reporting. The City has received this prestigious award for thirty eight consecutive years. 19D-2 Comprehensive Annual Financial Report for the Fiscal Year - Ending June 30, 2016 January 17, 2017 Page 3 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). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Comprehensive Annual Financial Report (CAFR) 2. South Coast Air Quality Management District (SCAQMD) Report 3. GANN Limit Agreed -Upon Procedures Report 4. Investment Policy Agreed -Upon Procedures Report 19D-3 19D-4 EXHIBIT 1 The Comprehensive Annual Financial Report CAFR) for the Fiscal Year ended June 30, 2016 is available on the City's website: http: / /www.ci.santa- ana.ca.us /finance /cafr /documents /2016 cafr.pdf 19D -5 19D-6 EXHIBIT 2 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND FINANCIAL STATEMENTS WITH REPORT ON AUDIT BYINDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS FOR THE YEAR ENDED JUNE 30, 2016 19D-7 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND TABLE OF CONTENTS For the year ended June 30, 2016 Page Number Independent Auditors' Report Financial Statements: Balance Sheet Statement of Revenues, Expenditures and Changes in Fund Balance Notes to Financial Statements Required Supplementary Information: 10 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual I 1 Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 19D-8 12 INDEPENDENT AUDITORS' REPORT The Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California Report on the Financial Statements We have audited the accompanying financial statements of the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2016, and the related notes to the financial statements, as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In malting those risk assessments, the auditors consider internal control relevant to the City's preparation and fair presentation of the AQMD's financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: '714.978.1300 • Fax: 714.978.7893 Ofces located in 119ty- Sin Diego Counties Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California as of June 30, 2016, and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the financial statements present only the Air Quality Improvement Special Revenue Fund and do not purport to, and do not present fairly the financial position of the City of Santa Ana, California, as of June 30, 2016, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual, identified as Required Supplementary Information (RSI) in the accompanying table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the RSI in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during the audit of the basic financial statements. We do not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Management has not presented the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the AQMD's basic financial statements is not affected by this missing information. -2- 19D -10 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 7, 2016, on our consideration of the internal control over the AQMD's financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the internal control over the AQMD's financial reporting and compliance. Irvine, California December 7, 2016 -3- 19D-11 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND BALANCE SHEET June 30, 2016 ASSETS: Cash and investments Interest receivable TOTAL ASSETS LIABILITIES AND FUND BALANCE: LIABILITIES: Accounts payable FUND BALANCE: Restricted for air quality improvement TOTAL LIABILITIES AND FUND BALANCE See accompanying notes to financial statements. -4- 19D -12 $ 626,341 768 $ 627,109 $ 9,599 617,510 $ 627,109 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE For the year ended June 30, 2016 REVENUES: Motor vehicle fees Investment income Miscellaneous TOTAL REVENUES EXPENDITURES: Direct program Administrative TOTAL EXPENDITURES DEFICIENCY OF REVENUES UNDER EXPENDITURES FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR See accompanying notes to financial statements. -5- 19D-13 $ 310,454 7,065 3,025 320,544 388,757 9,156 397,913 (77,369) 694,879 $ 617,510 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS June 30, 2016 1. GENERAL: The financial statements are intended to reflect the financial position and changes in the financial position attributable to the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City). These financial statements are exclusively for AQMD and do not purport to, and do not present fairly the financial position and changes in the financial position for the City. The South Coast Air Quality Management District (SCAQMD) is authorized under Assembly Bill 2766 (AB 2766) Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] to impose a motor vehicle registration fee to be used by the SCAQMD and local governments specifically for programs to reduce air pollution from mobile sources and related plarming, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988. The California Department of Motor Vehicles collects the vehicle registration fee and subvenes it to SCAQMD. Upon receipt, the vehicle registration fee is split into segments with 40% of the revenue place in a special revenue fund designated as the Air Quality Improvement Trust Fund for quarterly distribution to local governments. CHSC Section 44243 requires cities and counties receiving the AB 2766 funds to separately account for the revenues and to expend the revenues for air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan pursuant to Article 5 of Chapter 5.5 of Part 3 of the CHSC. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: A. Fund Accounting: The financial activity of the City is accounted for on the basis of funds, each of which is considered a separate accounting entity with a self - balancing set of accounts. Monies under AB 2766 are accounted for in the Air Quality Improvement Special Revenue Fund, which is a special revenue fund. B. Measurement Focus and Basis of Accounting: The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements. -6- 19D -14 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): B. Measurement Focus and Basis of Accounting (Continued): AQMD's financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. C. Budgetary Accounting: The City's fiscal year begins on July 1 of each year and ends June 30 the following year. On or before the fifteenth of Jime of each year, the City Manager recommends and submits to the City Council a proposed budget for the next ensuing fiscal year based on a detailed financial plan prepared by the heads of the various offices, agencies and departments of the City and its component units. Upon receipt of the proposed budget, the Council holds a public hearing wherein the public is given an opportunity to be heard, after which the Council may make any revisions deemed advisable. After the conclusion of the public hearing, the Council may make modifications with the affirmative vote of at least a majority of its members. On or before the thirty -first day of July, the City Council adopts the budget as amended by the affirmative vote of at least a majority of its members. Upon final adoption, the budget is in effect for the ensuing fiscal year and becomes the authority for the various offices, agencies, and departments to expend subject to controls established by the City Charter. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by affirmative vote of at least two- thirds of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget. Where appropriations are made to offices, departments, or agencies for more than one activity or program, "appropriations" are considered in the aggregate with respect to total expenditures authorized for that office, department or agency within each fund, limited to purposes for which the revenues of such funds are to be spent. The City Manager is authorized to make revisions among the items included in such appropriations if, in his opinion, such revisions are necessary and proper. Budgetary control exists at the department level. Council action is necessary for transfers between departments /agencies or transfers between funds. During the fiscal year, all budget and supplemental amendments were necessary and made in a legally permissible manner. -7- 19D -15 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): C. Budgetary Accounting (Continued): The City legally adopts annual budgets for the Special Revenue Funds including the Air Quality Improvement Special Revenue Fund. The budgetary control for the Special Revenue Funds is under the department in charge. The Air Quality Improvement Special Revenue Fund is managed by the Finance and Management Services Agency. Monthly budgetary reports are prepared to effect control through fiscal management. The City Council approved supplemental appropriations during the year, but they were not considered material. Budgets are prepared on a modified accrual basis. Encumbrances (e.g. purchase orders, contracts) outstanding at year -end are reported as restrictions of fimd balances since they do not constitute expenditures or liabilities. All other annual appropriations lapse at fiscal year -end to the extent that they have not been expended or lawfully encumbered. During the fiscal year, the total Fund's expenditures were within the legal prescribed limits as approved by the City Council. D. Fund Balance: AQMD's fond balance is reported based on the extent to which the City is bound to observe constraints on the use of the AQMD's resources. AQMD's fund balance is classified under restricted, which include amounts which are constrained for specific purposes that are 1) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or 2) imposed by law through enabling legislation. AQMD's fund balance is restricted for programs initiated for the purpose of implementing the California Clean Air Act. Information regarding the fund balance reporting policy adopted by the City is described in Note I to the City of Santa Ana's Comprehensive Annual Financial Report. E. Estimates: The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that effect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 19D -16 CITY OF SANTAANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 3. CASH AND INVESTMENTS: AQMD's cash and investments balances are pooled with various other City funds for deposit and investment purposes. Each fiend's share of the pooled cash account is separately accounted for, and investment income is apportioned to the participating funds based on the relationship of their average daily balances to the total of the pooled cash and investments. Information regarding the credit risk and authorized types of deposits and investments in the City's pooled cash and investments is included in the City's Comprehensive Annual Financial Report. This report can be obtained from the City of Santa Ana. 4. AB 2766 BIENNIAL AUDIT AND QUESTIONED COSTS: Health and Safety Code Section 44244.1 stipulate that each recipient of AB 2766 fiends be subject to an audit at least once every two years by an independent auditor selected by the SCAQMD. The most recent AB 2766 audit resulted in no questioned costs. 5. SUBSEQUENT EVENTS: The City has evaluated events subsequent to June 30, 2016 to assess the need for potential recognition or disclosure in the financial statements. Such events were evaluated through December 7, 20t6, the date the financial statements were available to be issued. Based upon this evaluation, it was determined that no subsequent events occurred that require recognition or additional disclosure in the notes to financial statements. -9- 19D -17 REQUIRED SUPPLEMENTARY INFORMATION -10- 19D -18 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the year ended June 30, 2016 REVENUES: Motor vehicle fees Investment income Miscellaneous TOTAL REVENUES EXPENDITURES: Direct program Administrative TOTAL EXPENDITURES DEFICIENCY OF REVENUES UNDER EXPENDITURES FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR Budgeted Amounts Original Final Actual Variance with Final Budget Positive (Negative) $ 414,000 $ 414,000 $ 310,454 $ (103,546) 300 300 7,065 6,765 1,850 1,850 3,025 1,175 416,150 416,150 320,544 (95,606) 995,245 1,131,193 388,757 742,436 20,905 20,905 9,156 11,749 1,016,150 1,152,098 397,913 754,185 (600,000) (735,948) (77,369) 658,579 694,879 694,879 694,879 - $ 94,879 $ (41,069) $ 617,510 $ 658,579 See accompanying notes to financial statements. -11- 19D-19 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Air Quality Improvement Fund (AQMD) of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2016, and the related notes to financial statements, which collectively comprise the AQMD's basic financial statements, and have issued our report thereon dated December 7, 2016. Internal Control over Financial Reporting In planning and performing our audit, we considered the City of Santa Ana, California's internal control over AQMD financial reporting (AQMD's internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the AQMD's financial statements, but not for the purpose of expressing an opinion on the effectiveness of the AQMD's internal control. Accordingly, we do not express an opinion on the effectiveness of the AQMD's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the AQMD's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. -12- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Offices located 1 7 U aL tr Diego Counher Compliance and Other Matters As part of obtaining reasonable assurance about whether the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California's financial statements are free from material misstatement, we performed tests of its compliance with applicable provisions of Assembly Bill 2766 (AB2766), Chapter 1705 (Health and Safety Code Sections 44220 through 44247), and certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of the AQMD's financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the AQMD's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the AQMD's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California December 7, 2016 -13- 19D -21 19D -22 EXHIBIT 3 CITY OF SANTA ANA, CALIFORNIA APPROPRIATIONS LIMIT WORKSHEET NO. 6 WITH INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2016 19D -23 INDEPENDENTACCOUNTANTS'REPORT ON AGREED -UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET To the Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California We have performed the procedures enumerated below to the accompanying Appropriations Limit Worksheet No. 6 of the City of Santa Ana, California for the year ended June 30, 2016. These procedures, which were agreed to by the City of Santa Ana, California and the League of California Cities (as presented in the League publication entitled "Article XIII -B Appropriations Limit Uniform Guidelines ") were performed solely to assist the City of Santa Ana, California in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. The City of Santa Ana's management is responsible for the Appropriations Limit Worksheet No. 6. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and our findings were as follows: 1. We obtained the completed Worksheet No. 6 for the year ended June 30, 2016, and compared the limit and annual adjustment factors included in that worksheet to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheet to those that were selected by a recorded vote of the City Council. No exceptions were noted as a result of our performing this procedure. 2. For the accompanying Appropriations Limit Worksheet No. 6, we added last year's limit to the total adjustments, and compared the resulting amount to this year's limit. We also recalculated the adjustment factor and the adjustment for inflation and population, and compared the results to the amounts on Worksheet No. 6. No exceptions were noted as a result of our performing this procedure. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Ofces located tj .ban Sgn Diego Counties We compared the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the City Council for the prior year. No exceptions were noted as a result of our performing this procedure. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the accompanying Appropriations Limit Worksheet No. 6. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by the League publication entitled "Article XIII -B Appropriations Limit Uniform Guidelines ". This report is intended solely for the information and use of the City Council and management of the City of Santa Ana, California and is not intended to be, and should not be, used by anyone other than these specified parties. Irvine, California December 7, 2016 -2- 19D -25 CITY OF SANTA ANA APPROPRIATIONS LIMIT WORKSHEET NO. 6 For the year ended June 30, 2016 Appropriations limit for fiscal year ended June 30, 2015 (see Note 2) Adjustment factors for the fiscal year ended June 30, 2016 (see Note 2): Inflation Population Factor Factor (Note 3) (Note 4)_ 1.0382 1.0108 Adjustment for inflation and population Other adjustments (Note 5) Total adjustments Appropriations limit for fiscal year ended June 30, 2016 Combined Factor 1.0494 See accompanying notes to Appropriations Limit Worksheet No. 6. - 3 - 19D -26 $ 893,083,329 x 0.0494 44,119,452 44,119,452 $ 937.202.781 CITY OF SANTA ANA NOTES TO APPROPRIATIONS LIMIT WORKSHEET NO. 6 For the year ended June 30, 2016 1. PURPOSE OF LIMITED PROCEDURES REVIEW: Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to a limited procedures review in connection with the annual audit. 2. METHOD OF CALCULATION: Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July l; 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986 -87, adjusted for the inflation and population factors discussed at Notes 3 and 4 below. 3. INFLATION FACTORS: A California governmental agency may adjust its appropriations limit by either the annual percentage change in the 4`h quarter per capita personal income (which percentages are supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City of Santa Ana, California (the City) for fiscal year 2015 -2016 represents the annual percentage change in the 4"' quarter for per capita personal income. 4. POPULATION FACTORS: A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction's own population, or the annual percentage change in population in the County where the jurisdiction is located. The factor adopted by the City for fiscal year 2015 -2016 represents the annual percentage change in population in the County in which the City is located. 5. OTHER ADJUSTMENTS: A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the year ended June 30, 2016. -4- 19D-27 19D -28 INDEPENDENT ACCOUNTANTS'REPORT ON APPLYING AGREED -UPON PROCEDURES EXHIBIT 4 To the Honorable City Council of the City of Santa Ana Santa Ana, California We have performed the procedures enumerated below, which were agreed to by the City of Santa Ana, California (the City), solely to assist the City in determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code) for the quarter ended June 30, 2016. The City's management is responsible for the compliance with the Policy and the Code and for selecting the criteria and determining that such criteria are appropriate for your purposes. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the City's management. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings were as follows 1. We obtained a copy of the City's Quarterly Investment Report for the quarter -ended June 2016 and compared the investments listed in the report to the types of investments authorized by the Policy for fiscal year 2015/2016. Finding: No exceptions were noted as a result of our performing this procedure. 2. We compared the investments listed on the City's Quarterly Investment Report for the quarter -ended June 2016 to the type of investments authorized by the Code. Finding: No exceptions were noted as a result of our performing this procedure. 3. We ensured that the maturities of investments listed in the City's Quarterly Investment Report for the quarter -ended June 2016 were in compliance with the Policy. Finding: No exceptions were noted as a result of our performing this procedure. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fqx: 714.978.7893 Ofces located ,� g2Q Diego Counties 4. We reviewed the City's Quarterly Investment Report for the quarter -ended June 2016 to ascertain it contained the information /data required by Government Code Section 53646 and met the timing requirements of Government Code Section 53646, as follows: a. Included the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and monies held by the City. b. Included those funds under management of contracted parties (fiscal agents, trustees, etc.). c. Included market value (and source) as of the date of the report for all securities held by the City or under management of any outside party that was not also a local agency or the State of California Local Agency Investment Fund. d. Stated compliance of the portfolio to the Policy of the City. e. Included a statement addressing the ability of the City to meet the pool's expenditure requirements for the next six months. Finding: No exceptions were noted as a result of our performing this procedure. 5. We compared the investments listed in the City's Quarterly Investment Report for the quarter -ended June 2016 to the prohibited investments listed in the Code. Finding: No exceptions were noted as a result of our performing this procedure. 6. We reviewed the City's Quarterly Investment Report submission evidence documentation for the quarter -ended June 2016 and ascertained whether a quarterly basis report was submitted within 30 days following the end of the quarter. Finding: No exceptions were noted as a result of our performing this procedure. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on the compliance with the Policy. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the City Council and management of the City, and is not intended to be, and should not be, used by anyone other than those specified parties. Irvine, California December 7, 2016 -2- 19D -30 N M * r CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2016 {STRATEGIC PLAN NO. 5, 11 ia*01s um r -4Li r � •31rr•1 ►i CLERK OF COUNCIL USE ONLY: APPROVED [] As Recommended EJ As Amended ❑ Ordinance on 1®t Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution F71 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for December 2016. DISCUSSION The December 2016 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.org/strategic-planning / STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19E -1 19E -2 CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR DECEMBER 2016 (STRATEGIC PLAN NO. 5, 1) Receive and file. DISCUSSION CLETT OF r V • APPROVED ❑ As Recommended C7 As Amended ❑ Ordinance on 1" Reading El Ordinance on 2nd Reading © Implementing Resolution ❑ Set Public Hearing For CONTINUED TO WI��0 IF] 8r1 *14 The December 2016 Capital Improvement Program Executive Summary Schedule (Exhibit 1) 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 project. 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. IVA J �retl Mou avipour Executive Director Public Works Agency FM:Io Exhibit: 1. 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'o o o m m E x i` s c f c W N n N u Ly c b n Y doc3 "��c "N s m H O° o S N ° �' .°1 t v °°.= � 'c "� ` '�' CEi ., N N� ° 'm c v '" v «� m `m_ m u �~• Z °_c °_c a '� � m m � � c a� 3 s p c � _Yi it-> E�ea EF 9 E N 3i 2 u N C 9 Z m\ Y 9 z o c C'° u e-E."E �'o uE mE cy c >E�'> 'I¢a8'm xxf 3LRm o v$m3zCaiz aMi333rMU5°��YR ed ti3cm �n 6 a U -5 AP, yA UA LLI Ln Ln 0 N z cl: �! g. 0 cl: g a In I a 6 5 a 15 3 is 6 6 G ,r4 . 0 zw v A5 CE C. 2c 1EV, 2 iE is 3c N 75 1 g 19F-6 • MOW CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: RECEIVE AND FILE REPORT ON WATER AND SEWER PROJECTS {STRATEGIC PLAN NO. 6, 1G} �I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r-AT201-10671wel ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file this report on various Water and Sewer projects and capital improvements awarded, started, and /or completed during the period of March 1, 2015 through November 30, 2016. DISCUSSION On February 7, 2015, City Council approved Resolution 2015 -10, implementing new rates for the City's Water and Sewer enterprise ratepayers. One of the key components of the rate adjustment process for each enterprise was a capital needs assessment consisting of the evaluation and planning for infrastructure replacement and improvement. The results of the assessment were incorporated into the proposed rates. Approved by Council resolution, these rates took effect March 1, 2015. The following items summarize replacement and improvement activity since Council adopted the new rates. 1. The City has awarded contracts for various projects: Water Projects Awarded Sewer Projects Awarded $13,298,204 $1,419,274 2. The City has replaced and /or installed the following quantities of water and sewer main pipe: Water Main Replaced /Installed: Sewer Main Replaced /Installed: 38,550 Linear Feet 5,150 Linear Feet 3. In lieu of replacing aging sewer main pipe, the City has relined the following lengths to extend their serviceable life and maintain their performance at reduced cost: 19G -1 Receive and File Report on Water And Sewer Projects January 17, 2017 Page 2 Lining of Sewer Main (at various locations): 17,205 Linear Feet 4. In addition to sewer main pipe replacement and relining, the City has replaced lateral connections from sewer main pipe to the property line: Sewer Laterals Replaced: 350 5. The City's Fats, Oil, and Grease Management & Control Program (FOG) routinely inspects known sources of these contaminants to ensure compliance with applicable regulations, and to maximize its capture and diversion before entering the City's sewer or storm water systems. This program is a critical element of sewer maintenance, extending the life of the associated infrastructure assets. Activity for the specified period is as follows: FOG Inspections: am 6. Various other activity and improvements in this period are as follows: • Automated Meter Infrastructure feasibility study • Installation of 4 new upgraded chlorination units (11 planned) • East Station Motor Control Center Upgrades • Water Master Plan and Hydraulic Model • Sewer Master Plan and Hydraulic Model • Well 37 Roof Repair • Construction of South Station Perimeter • Cambridge Pump Station Automatic Transfer Switch installation • East Station Emergency Generator Installation • West Station Emergency Generator Installation • Well 27 discharge piping assembly and Cla -val installation The Public Works Agency will continue to allocate funds in future years as approved by Council for the continued repair, rehabilitation, and replacement of sewer and water capital assets. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans [e.g. transit vision, street car, fixed guideway project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.]). 19G -2 Receive and File Report on Water And Sewer Projects January 17, 2017 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Wr A 'Frekl Mousavipour Executive Director Public Works Agency FM /NS /rr 19G -3 19G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: APPROPRIATION ADJUSTMENT - WORKFORCE INNOVATION AND OPPORTUNITY ACT RAPID RESPONSE FUNDS FOR PROGRAM YEAR 2016 -2017 (STRATEGIC PLAN NO. 2,4) CITY MAN] RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®' Reading 17 Ordinance on 2 °tl Reading ❑ Implementing Resolution ❑ Set Public Hearing For® CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing additional Workforce Innovation and Opportunity Act Rapid Response grant funds in the amount of $240,869 in revenue account (no. 12318002 - 52001) and appropriating same to Rapid Response expenditure account (no. 12318756- 62300). DISCUSSION The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA supersedes the Workforce Investment Act of 1998 and is the first legislative reform of the public workforce system in 15 years. The Act went into effect on July 1, 2015 with the Department of Labor responsible for its implementation. California is a direct recipient of WIOA funding and contracts with designated Local Workforce Development Areas (LWDA) to address workforce needs of employers and the community. The California Workforce Investment Board recommended approval that Santa Ana be designated as a local workforce development area under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation. The designation is from July 1, 2015 to June 30, 2017 and will be reviewed and evaluated every two years against federal performance and compliance outcomes. On August 18, 2015, City Council adopted a resolution authorizing the City Manager or designee to execute all necessary documents with the Workforce Services Division of the State Employment Development Department (EDD) related to the WIOA program through June 30, 2018. 20A -1 Appropriation Adjustment – WIOA Rapid Response Grant Funds January 17, 2017 Page 2 EDD has disbursed additional Rapid Response program funds to Santa Ana through unilateral sub -grant modifications to the agreement for Program Year 2016 -17. The final amounts of the WIOA Rapid Response funds allocated to Santa Ana for Program Year 2016 -17 are shown in the table below: These funds will be used to plan for and respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Objective #4 (Partner with groups and organization training and development for all Santa Ana residents). FISCAL IMPACT Goal #2 – Youth, Education, Recreation, to promote education, senior services, job The adopted FY 2016 -17 budget included $257,565 in WIOA Rapid Response grant funding. The final allocation total and spending plan for FY 2016 -17 for this program is $498,434. Approval of the appropriation adjustment will recognize $240,869 in revenue account (no. 12318002 - 52001) and increase the FY 2016 -17 Rapid Response Contract Services - Professional expenditure account (no. 12318756 - 62300) by the same amount. Robert C. C�ortei- Deputy City Manager City Manager's Office RC /SG APPROVED AS TO FUNDS AND ACCOUNT: �A.rN (%_�,�� �� tl-�Ii\ Francisco Gutierrez Executive Director Finance and Management Services Agency 20A -2 Rapid Response Final Allocation Amounts $498,434 Budgeted Amounts $257,565 Difference $240,869 These funds will be used to plan for and respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Objective #4 (Partner with groups and organization training and development for all Santa Ana residents). FISCAL IMPACT Goal #2 – Youth, Education, Recreation, to promote education, senior services, job The adopted FY 2016 -17 budget included $257,565 in WIOA Rapid Response grant funding. The final allocation total and spending plan for FY 2016 -17 for this program is $498,434. Approval of the appropriation adjustment will recognize $240,869 in revenue account (no. 12318002 - 52001) and increase the FY 2016 -17 Rapid Response Contract Services - Professional expenditure account (no. 12318756 - 62300) by the same amount. Robert C. C�ortei- Deputy City Manager City Manager's Office RC /SG APPROVED AS TO FUNDS AND ACCOUNT: �A.rN (%_�,�� �� tl-�Ii\ Francisco Gutierrez Executive Director Finance and Management Services Agency 20A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE; AUTHORIZE PAYMENT TO THE COUNTY OF ORANGE FOR NEW ANIMAL SHELTER CONSTRUCTION (STRATEGIC PLAN GOAL NO. 1, 5) RECOMMENDED ACTION 10 A RaIN ► F P U1 I W*72 P IN APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an increase to the contract amount of the Participation Agreement approved by the County of Orange and the City of Santa Ana, increasing the amount by $727,768 for a new total contract amount of $7,869,145 (principal and interest). 2. Approve an Appropriation Adjustment appropriating $750,000 from fund balance (from Fiscal Year 2015 -16 General Fund), to pay for the first year payment of the County of Orange construction of the Animal Shelter. 3. Authorize payment of the term commencing July 1, 2016 through June 30, 2017 of principal and interest to the County of Orange for the City's share of the construction of the new animal shelter facility in the amount of $814,454.26. 4. Direct staff to request the County of Orange for an amended Participation Agreement that details the new terms and conditions resulting from the increased costs associated with the construction of the County Animal Shelter. DISCUSSION On January 6, 2003, the Council approved actions to transition the operation of the City's animal shelter and related services to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Animal Shelter was the most cost effective means of providing quality service to the City. 20B -1 County of Orange Animal Shelter Participation Agreement Payment January 17, 2017 Page 2 On March 24, 2016, Orange County Community Resources (OC Community) notified the City Manager's Office of the County's decision to move forward with the construction of a new Animal Care Shelter. Given the conditions of the aging shelter, the County will be expediting the construction of the new facility with an expected completion date of Fall 2017. The new facility will be constructed over a 10 -acre parcel at the former Marine Corps Air Station Tustin Base for an estimated $35 million. The cost of the new facility will be shared amongst all participating cities. As such, on April 19, 2016, the City and County entered into a ten -year participation agreement to share the costs associated with the construction of the new animal shelter. The ten -year participation agreement covers the period of April 19, 2016 through July 1, 2026 and was estimated at a total cost of $7,141,377 (principal only). The action brought forth for council consideration on April 19, 2016 was an estimate of potential costs for each participating agency. However, on December 19, 2016, the City received a letter from the County of Orange indicating that the new cost to the City increased by $727,768. The following represents the City's pro -rata share: 1. Total Shelter Cost $27,300,000 2. Pro -rata percentage 27.68% 3. Total Principal Owed $ 7,555,497 4. Total Projected Interest $ 313,648 5. Total Project Cost $ 7,869,145 The County informed the City that the growth in costs was largely a growth in costs related to the construction of the Shelter as well as a lower than expected number of agencies (municipalities) participating in the project. The total interest estimate recently provided by the County is also included in this new total amount. Within the fiscal impact of the approved April 19, 2016 Council action, staff highlighted that funds for the FY 2016 -17 participation agreement payment would be allocated from the City's final balances and brought before Council in December upon certification of the City's FY 15 -16 audit. However the recent County invoice of December 19, 2016 increases the original payment estimate from $535,603 to $814,454.26. The First payment invoice now includes the period of July 1, 2016 through June 30, 2017. Prior to the Council Action dated, April 19, 2016, City Staff was advised by the OC Community Resources that payment due in fiscal year 2016 -17 would only be for the period October 1, 2016 through June 30, 2017. However, the City was notified on December 19, 2016 (Exhibit 1 & 2) that period July 1, 2016 through September 30, 2016 is also owed. Thus, the estimated amount owed for FY 2016 -17 increased $278,851.26 as a result of inclusion of the 1st quarter of the fiscal year (July 1, 2016 through September 30, 2016) and projected interest. The first installment in the amount of $377,774.86 is due and payable by January 31, 2017 and is subject to a ten percent penalty. Exhibits 1 & 2 20B -2 County of Orange Animal Shelter Participation Agreement Payment January 17, 2017 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana) FISCAL IMPACT Funding for the FY 2016 -17 payment for the period July 1, 2016 through June 30, 2017 totals $814,454.26. Authorization provides for the first quarterly and subsequent first year payments as follows: Approval of the Appropriation Adjustment will now designate $750,000 from Fiscal Year 2015 -16 General Fund ending fund balance to pay for the first year payment as follows: Animal Services - Contractual Services, 01114430 -62300 in the amount of $750,000. The remaining $64,454.26 is budgeted and available in the Police Department's Animal Services Account - Contractual Services, 01114430- 62300. Carlos Rojas - -- Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: (� u Francisco Gutierrez �r Executive Director c� Finance and Management Services Agency Exhibit 1 - OC Community Resources 12/19/16 Correspondence Exhibit 2 - Payment Schedule 411W - r�- Occommunity esources b IR A 14 Ca E c o u N •r v EXHIBIT 1 Our Community, Our Comonitment. STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES JENNIFER HAWKINS, DVM DIRECTOR OC ANIMAL CARE RENEE RAMIREZ INTERIM DIRECTOR OC COMMUNITY SERVICES JULIA EIDWELL DIRECTOR HOUSING & COMMUNITY DEVELOPMENT &HOMELESS PREVENTION STACY DLACKWQDD DIRECTOR OC PARKS HELEN FRIED COUNTY LIBRARIAN OC PUBLIC LIBRARIES C A.t:lttnual 1... ulv 561 THE CITY DRIVE SOUTH ORANGE, 0492868 PHONE: 714,935M48 FAX: 714,935.6373 Y Dec. 19, 2016 City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 Attn: Robert Carroll RE; Participation Agreement (New Animal Shelter Invoice) Enclosed please find Invoice # A0179,002 9 In the amount of $377,77A.86 representing scheduled principal payments for the new animal shelter for quarters ending Sept. 30, 2016 and Dec. 31, 2016. Principal payments are based on the following; Total Maximum New Shelter Construction Cost $27,300,000 Santa Ana's Pro -rata Percentage 27.68% Total Principal $7,555,497 Quarterly Principal Payment (based on ten -year term) $188,887.43 Total Scheduled Principal for Sept. 30, 2016 and Dec. 31, 2016 $377,774.86 Please remit payment on,or before Jan. 31, 2017. Late payments maybe subject to a ten percent late payment penalty. The entire principal amount (plus accrued interest) may be paid in full at any time without penalty. Please contact Alan Young at 714 -796 -6411 to confirm a final payoff amount. Sincerely, A j Alan Y Budget Analyst Enclosure r1- �k�ORANGE COUNTY TREASURER -TAX COLLECTOR n SHARI L. FREIDENRICH, CPA P.0 BOX 4005, SANTA ANA, CA 92702 d• City of Santa Ana A17N: Robert Carroll 00 Clvlo Center Plaza Santa Ana, CA 92701 Pay Online AW W QWAYMM nt CDa1 IhVDICS A: AW90029 � -• _ Invoice pate: 01.01 -17 Aceount8: UNIT Agenc ; JOCCR �, ACCOUNTING CODE - �N�Y• —� —T I� Checkthlsboxlf IDGavernmout PUNb DEPT DUO UNIT Obyl SDby Dow SSA SUIT DEM' JOB NUMBER AMOUNT Agony CONYROL REV SROV DREV BSA BSA 361) 011 361) P413 7678 CZ336800 877,774.86 THISINVOICEPAEPARV0OY - -- ,W,�,_, PHONENUMBEq _ T0 NUMM OFSCRIPTION AMOUNT Now Animal Shelter Paymeat#1 i duly 2016 through September 2016 158,081.43 Payment #2: October 2010 through December 2016 188,887.43 TOTAL DUE 13Y 01.31 -2017 977,774.06 ....w.., ,,.,..- �.�- .....,........._. ^ -- Please detach original payment coupon. Do notstaple, tape orclllayour coupon to your cheek AC1790029 � S , ' 01.01.17 $377,774.86 MAKE CNECCK PAYABLE TO: COUNTY OF GRANGE For Billing Questions Motact; MAILTO: COUNTY OF ORANGE PLEASE VISIT WWW OCPAYME t'Q.OM TO PAY BY CRE DIT CARD ATTN: TREASURER -TAX COI.LECTOR P.O. BOX 4005 "7� IS /r DISCw S � I DHECKBDBI� SANTA ANA, CA 92702.4005 M /y, rI- N h m W a � b V N N p N tM1 G a M b � N CW Y E N q sad�wav w r m W Q 0 ✓mf n M W W b e N G, m Vf w N m R O m F W V d' N q W Ul i/1 'I M 4 N H W �ry N m l0 m p .� $ r�'v r+ci rib naribW sri vi or"�m ��nXP m Hrvmcw F �m m �'.N a -� et ym AFr+ m rn�l*a ' ' ,w i i ry ; mr� u`� u -v` wVl ma ti+m rvr m v m wM mmm . 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C \ 1� .Q m N N M Q b w F O] 9f O N H N ab-1 cb-I 'n'1 m Yi N N N N N N N N W N N fgtf M M M C d SR 2U✓ -• ri- w v N m m o in ti n ry w w a o v n ai ry a r o m" vi �a rn co' .i a N.+mmaa ro Vi O N N OO �A n w rn m m n N vi n of ri ry ni rci m m m m m m m in o a OR m n li ri o n v� 9 rn r o P a N N pmt 01 porno O] A ���pp t0 V�1 1p b t0 lD n n n r�ro m m m m o m < m a m of n �t m ry m h v H n m m N N eI rI H aeaeo o g g H M f-1 W H W rl N '1 W e4 W 'i W 0 0 0 0 0 0 6 m M M M M M M d;aa; a,v a,a n n r A P+ r P 00 0o 00 W W a0 W d1 00 00 W W N N N N N N M m a m a m IT m c ri m h � ri of 0 0 o ai m m m m m m m W m N m a m t^1 V h Oi rl 5' A •i N N M M a a M �D b A n W o0 N' rt V �n b n op o a o 0 0 0 0 rl m m m m m m rl- • 20B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: CONTRACT AWARD TO ADAMSON POLICE PRODUCTS FOR SWAT RIFLES & ACCESSORIES (SPEC. NO. 16 -142) (STRATEGIC PLAN NO. 1, 5) 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 Nearing For_ CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Adamson Police Products for the purchase of 44 Special Weapons and Tactics Team (SWAT) rifles and accessories in the amount of $107,930, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Police Officers assigned to the Special Weapons and Tactics Team (SWAT) are tasked with the responsibility of handling incidents involving armed, barricaded suspects, hostage situations and high -risk warrant services. In the case of critical situations , the SWAT team is called upon when patrol officers require a team with advanced tactical equipment and training, exceeding that of the average patrol officer or detective. The current primary weapon system utilized by the SWAT Team is the Colt M4A1 carbine or the Colt M16A1 rifle. The Colt M4A1's were purchased in 1991 and the M16A1 rifles were acquired in 2003. The recommended replacement schedule is at approximately 20,000 rounds per weapon. During a typical training year, a SWAT team member will fire approximately 2,000 rounds with their rifle. This purchase will replace all 40 rifle systems that have reached their end of service life. In addition to the SWAT Team's primary rifle system, SWAT precision marksmen deploy utilizing a higher accuracy bolt action rifle. These specialized rifles currently in use by SWAT are ten years old and do not have night vision capabilities, rendering precision marksman ineffective during night time operations, which is when the majority of SWAT activations occur. Based on this operational necessity, the SWAT team has selected four new bolt actions rifles, which will be equipped with night vision optics, extremely accurate daylight optics, and additional accessories to make the SWAT precision marksmen more effective and further protect the community during SWAT operations. 22A -1 Contract Award for SWAT Rifles & Accessories January 17, 2017 Page 2 The notice inviting bids was advertised on December 9, 2016 and offers were solicited. A summary of the bids and offers received are as follows: 16 Vendors were notified 11 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 1 Bids received Bids were opened on December 22, 2016, and evaluated. The bid received from Adamson Police Products is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $107,930 are available in FY 2016 -17 US Dept of Treasury Asset Forfeiture account (16714455- 63001). Carlos Rojas Chief of Police Police Department MS /eg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez l° Executive Director Finance and Management Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR CONSTRUCTION OF WARNER AVENUE AND FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15 -6840 & 16 -6858) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) Sys W-/W- CITY TANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT01"JaT071461 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to award and execute a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the bid in the amount of $2,588,698, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Warner Avenue Pavement Maintenance and the First Street Pavement Maintenance projects, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,500,000, which includes the contract base amount, administration, inspection, testing, and a contingency of $522,998. DISCUSSION The City's Pavement Management Program has been developed to identify the preventive maintenance requirements for the City's street network. The recommended arterial street segments (Exhibit 1) have been identified as high priorities for slurry seal. The work consists of preparing the roadway by making minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, painting stripes and legends, and installing signage. Once completed, these improvements will enhance the ride quality, surface drainage, appearance of the neighborhood, and extend the life of the pavement. On November 18, 2014, City Council adopted Resolution No. 2014 -079 which authorized submission of applications to the Orange County Transportation Authority (OCTA) for grant funds under the Arterial Pavement Management Program for Warner Avenue from the West City Limit to Grand Avenue and for First Street from Newhope Street to Main Street. On January 12, 2015, the OCTA Board of Directors approved Regional Surface Transportation Program (RSTP) 23A -1 Award Contract - Warner Avenue & First Street Pavement Maintenance January 17, 2017 Page 2 funding for the construction phase of each project. The City is responsible for 71 percent of the construction costs using City funds to fulfill the required local match for the RSTP funds. City Council approved a Cooperative Agreement with OCTA for implementation of the Warner Avenue project and the First Street project on December 15, 2015. In order to receive the grant funds, the City is obligated to award a construction contract within six months from receiving Caltrans authorization to proceed with construction. This authorization was approved on July 27, 2016. A Notice Inviting Bids was advertised on November 15 and 22, 2016, and bids were opened on December 13, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 11 Contractors requesting bidding documents 11 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $2,588,698 2 Hardy & Harper, Inc. Santa Ana $2,656,000 3 RJ Noble Orange $2,844,860 4 Excel Paving, Co. Long Beach $2,924,990 A total of four bids were received and all four were deemed responsive. All American Asphalt, submitted the lowest responsive bid in the amount of $2,588,698 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt, in the amount of $2,588,698 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), Strategy C (invest 23A -2 Award Contract - Warner Avenue & First Street Pavement Maintenance January 17, 2017 Page 3 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), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. 2016 -160 & 2016 -161 were filed for these projects. Additionally, in accordance with the National Environmental Policy Act, the State of California Department of Transportation (Caltrans) has determined that the projects are categorically excluded from further review. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $3,500,000, which includes construction, contract administration, inspection, testing, surveying, and contingencies. $1,250,000 is available in the Measure M2 Street Construction Fund (Account No. 03217662- 66220, Project No. 15 -6840) and $500,000 is available in the Select Street Construction Fund (Account No. 05917660- 66220, Project No. 15 -6840) for Warner Avenue. $1,250,000 is available in the Measure M2 Street Construction Fund (Account No. 03217662 - 66220, Project No. 16 -6858) and $500,000 is available in the Select Street Construction Fund (Account No. 05917660 - 66220, Project No. 16 -6858) for First Street. All funds are available for expenditure in Fiscal Year 2016 -2017. Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 23A -6 MAYOR Miguel A. Fulda MAYOR PRO TEM Vlcente Sarrniento COONCI LNI EMBERS Angelica Aniomia P. David Benavldes Michele Martinez Refnan Reynii Sal finaiero November 30, 2016 ADDENDUM NO. ONE PUBLIC WORKS AGENCY P.O. Box I M'36 Santa Aria, California 92702 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL, Marla 0. Huizar SUBJECT: PROJECT NO. 156840: WARNER AVE PAVEMENT MAINTENANCE PROJECT NO. 166858: FIRST ST PAVEMENT MAINTENANCE The following changes have been made to the Specifications for the subject project: Revision 1. Replace page v, Notice Inviting Bids. The Bid date has been moved to December 13, 2010, 2. Replace Appendix I, Striping Plans. All other terms and conditions remain the same. I FOR-THE CITY CF wANTA ANA 0/ Edwin "William" Gal�EF4 P.E. City Engineer SANTA ANA GIN f„ONNU o ^'n i V '31n M BYA �1enV NIgPIIflAItlClAC9 I' ". MaNtl &4ikrhtlns i�a rn.vF Vlna hn 7V tojurn �," N -y FWert 4h 11 �h erl� Wnma tNtb 1 :MUf(IJ lVi hla �IiC. �.J ,!v JYOl..ls'_?IL�u P)!9,a41 M.Mn I';.: is ld „4.9.vF9 M41�SVLUUffif19nNgLUllLa[y ,r�, 1yYl�IShSCf{29WN4hfWWSt19 IiiMMlxsU?dal!€I, P. �. "..1 ;).T_w�tN {(i lLbN 1 Aorn 4 11 -.111 23A -7 ADDENDUM NO, I CITY OR SANTA ANA ADVERTISEMENT PROJECT N0, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids on or before the hour of 2:00:59 pm, December 13, 2016 by the Public Works Agency Receptionist, Third Floor (see attached map), located at City Hall - Ross Annex, 20 Civic Center Plaza, M -22, Santa Ana, California 92701 for: PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE Bids Proposals shall be, enclosed in a sealed envelope clearly marked on the outside with the above identified project number and name, and also marked "SEALED .BID — DO NOT OPEN WITH REGULAR MAIL" Scope of Work includes slurry seal, removal & replacement of asphalt pavement and curb ramps, adjustment of surface utility covers, signing & striping, and installation of detection loops. It is the BIDDER'S responsibil.ity to ensure delivery of the Proposal prior to the bid opening hour. Contractors will be required to comply with the City's new security policy and sign -in with the receptionist on the first floor. Contractors will sign -in under Bid opening for Project 15 -6840 to receive elevator access to the 3rd floor lobby, Contractors should allow themselves additional time to register in order to avoid missing the time -stamp deadline. P,ach bid shall be accompanied by a Bid Proposal Guaranty in the form of a cashier's or certified check payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in all amount not less than ten percent (10 %) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized. The City of Santa Ana reserves the right to reject any and all bids and to waive any minor or non - substantive irregularities in the bid documents. Prior to bid opening, Bidders must possess or obtain a valid California Class "A" Contractor's license. Addenda issued during the tune the bid is advertised will be posted on the City of Santa Ana websit'e, BIDDERs are responsible to become self- informed as to whether or not addenda have been issued. Complete electronic sets (.pdf format on CD) of the Plans and Specifications are available at the Public Works Agency counter, First Floor, 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92701. There is no charge for the Plans and Specifications on CD, PWA Counter Business Flours are 9:00am to 4:00pm, Monday thru Thursday and alternate Fridays. Call the PWA Projects Information Line at 714 -647 -5680 for instructions and availability of CDs. To request a CD by mail, the Contractor must submit an email request to sc.mij(rt) sin -Rna rp and provide the following information: Company name, mailing address, phone number, FedEx account, and email Subject heading: CD Request for < project no.> <project name> DO NOT CALI, PURCHASING DIVISION REGARDING PUBLIC WORKS AGENCY PROJECTS. 23A -8 CITY OF SANTA ANA PROPOSAL PROJECT NO. I5-6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA 11101M REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: PROJECT NO. 15-6840- WARNER AVENUE PAVEMENT MAINTENANCE Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 210 CY $ $ 2 Rubberized Emulsion Aggregate Slurry (REAS), Type 11 900 TN $ rJbc) $ 56� 1000- 3 Asphalt Rubber Hot Mix (ARFIM) 3,960 TN $ $ 4 Cold Mill (3") 212,000 SF $0> I) I I I $ Z i I �g 5 PCC Curb Ramp 16,700 SF $ Z01,6s0 6 Adjust Manhole Frame & Cover 4 EA $c b _ $ 31560— 7 Furnish and Install Water Valve Frame & 8 EA $ (9 000 � Cover 8 Temporary Construction Sign 2 EA $ i Po $ $, (900 `-- 9 Loop Detector 71 EA $ 10 Detector Lead -In Cable 1000 LF $ $ I I Crack Sealing I LS $ '`i {s' i?:Jb ~° $ CID 0 --- 12 Protection of Surface Utility Frames & Covers I LS $ 13 Signing & Striping I LS $ �lit�ilp" $ ZIIIbOt1� P -1 of P -17 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE PROJECT NO. 16-6858: FIRST STREET PA 14 MENT MAINTENANCE Item Description Qty Unit Unit Price Amount 14 Unclassified Excavation 160 CY $ $ 15 Rubberized Emulsion Aggregate Slurry (REAS), Type 11 goo TN $ 5U0 - _ $ , 5 C)A 0 0 i 16 Asphalt Rubber Hot Mix (ARFIM) _ 2,800 TN $ :•3. 0 $ 2.05,$�O ° 5 17 Cold Mill (3") 149,1100 SF $ $ 18 PCC Curb Ramp 12,800 SF $ kL 0 $ 1%l 1.9 Adjust Manhole Frame & Cover 8 EA $ $ 20 Furnish and Install Water Valve Frame Cover 12 EA $ s m— $ q 21 Temporary Construction Sign 2 EA $ ,goo — 1 $ 22 Loop Detector 43 EA $ ?12.m, $ b 31 L9 — 23 Crack Sealing I LS $ ti5,ow- $ 24 Protection of Surface Utility Frames & �. Covers 1 LS $ SOO ~ $ ,� /6DO i 1 25 Signing &Striping 1 LS $ M:�,boo $ o 000 P -2 of P-17 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE TOTAL BASE BID $ T,51't Ibq q , U) The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ninety (90) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $4,500 per calendar day. Name of Firm Signature of BIl Title �rinl�rra� •ilArlSpri ,�IiCI 1 �e�ol.ni (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) MitNWG' ��i��NS - �ecve�ir-i P -3 of P -17 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm ai„ COY Pr'dtA A hn �� - NWAVIA M Signature of BIDDER Title �c11�1�fr1 3-, r l re6 Aex\V (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) C61WGfd� ,�rnr��n � �s�rk rCr�ti�,en� P -4 of P -17 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO, 16- 6858: FIRST STREET PAVEMENT MAINTENANCE CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: LAM F t\�n scree l`r � tk�25s In Business E-Mail Address: Telephone: State Contractor's License No. and Class: -1t� License Expiration Date: 2A \% State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: l� '1 9 � \ Signed: ..��`�" P -5 of P -17 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE PREVAILING WAGE, COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name Signal Title (if an P -6 of P -17 23A -14 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE OWNERSHIP AFFIDAVif STATE OF CALIFORNIA ) COUNTY OF aIbk -Nee R•,ve.ti,& ) SS: CITY OF6ANT4, AN-A C.ow.w ) C' rsrr\ \ Cur \sous , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing ❑ PARTNERSHIP That helshe is a member of the co- partnershi m designated as: and who has been and is duly vo etf with the authority to make and execute for the co- partnership by: Zk the g0ter members of the co- partnership, CORPORATION That he is of: a corporation which is making the foregoing proposal ❑ JOINr VENTURE That he is of: one or the parties making the fore bing proposal as a •Joint venture, uno the he/she has been and is duly vested with uthority to execute instruments for an on behalf of the parties making said bid who arg. that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signat6reof \ws�Wk Subscribed and sworn to before me this — day of 20 �r e a�,Xl l�nLo�y- Signature of officer Administering Oath (Notary Public) P -7 of P -17 23A -15 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed fire document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this Ph day of December, ?_016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) Name -of- Signer OPTIONAL --- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Ownership Aitidavit Document Dale: None Number of Pages: t Signer(s) Other Than Named Above: None 23A -16 Top of thumb here Top of Ihumb here REBECCA ANGELA PARKA Commission # 20249A4 aj. `t z ro -s. Notary Public - Cali:ornia z a 7 Riverside Gaunt My Comm. Expiros May t7, 2U17 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this Ph day of December, ?_016, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) Name -of- Signer OPTIONAL --- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Ownership Aitidavit Document Dale: None Number of Pages: t Signer(s) Other Than Named Above: None 23A -16 Top of thumb here Top of Ihumb here Bond No. 08597423 CITY OF SANTA ANA Bid Date: 12/08/2016 PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid - - - -- Dollars ($10% of Bid )' which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, finely by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 28th day of November —12016. BIDDER* SURETY* Fidelity and Deposit Company of Marviand - 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 David Wei (213) 270 -0600 Rebecca Haas - Bates, Attorney -in -Fact Subscribed and sworn to before me "Please See Attached" this _____ ___ day of , 20® Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -8 of P -17 23A -17 CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT CIVIL CODE § 1180 A notary public or other officer completing this certificate verifles only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange - ) On l 1/28/2016 -_a before me, R. Perrino, Notary Public — Date Here insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameW,of SignerN who proved to me on the basis of satisfactory evidence to be the person(4 whose name(6$ is /are subscribed to the within instrument and acknowledged to me that het /she/they executed the same in his/her/their authorized capacity Nis), and that by hisjherAttair signature4on the instrument the persorift or the entity upon behalf of which the person(r4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stator of- GaRtornia that the foregoing paragraph Is trued- correct. �. T „ R. ion # 20 ( �19iNLS5 my hand nd o c'r ettl;� commission 2035890 a ,'a Notary Public •California Orange County Signature of Notary Public 4 Comm. Ex area Aug 5, 2017 Place Notary Seal Above OPTIONAL ---°° Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _______ Bid Bond Document Date: 11 /26 /2016 — Number of Pages: Opte(il Signer(s) Other Than Named Above: Ail American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Hans -Bates 0 Corporate Officer — Tltle(s): CI Partner — 0 Limited 0 General • Individual CRAttorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Fidelity and Deposit CemAany orMnryland _ Signer's Name:. CI Corporate Officer — Tftle(s): 0 Partner — Cl Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator n nther, Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 23A -18 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Aliornevs -in -Pact. The Chief Executive Officer, tiro President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, ra other like instruments on behalf' of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modiry, or revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the (late of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of tine hoard of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and hold on the 15th day of December 1998. RESOLVED: '"]'list the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Sea] of the Company may be affixed by facsimile on any Power of Attomay —Any such Power or any certificate thereof bearing such facsimile signature and sea] shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors or the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th clay of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMO Y WHE GOP,] have h canto subscribed my name and affixed the corporate seals of the said Companies, this °day of er , 20T. � "1NB ^p a {Olin/ �, Pi L�••�-4 re.r d ���,, tees I,8 BAL A10D Michael Bond, Vice President 23A -19 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 9188 A notary public or other officer completing this certificate verities only the identity ofthe 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 Riverside On 12/07/2016 before me, Rebecca Angela Parra, Notary Public Date Here Insert nema and Title of the Officer personally appeared Edward J. Carlson Namara) of siguege) 9 who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in 3 RF6EGGA ANGELA 1?AHNA his /hefAhelr authorized capacity(les), and that by his /heFAM4, , Commission ce2 ornia p signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Riverside county _ M corm. Expires May It, 201 / 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNES=my cial seal Place Notary Seal Above filgltSitinakC C or Notary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 11/28/2016 Number of Pages: 01le (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland _ Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson n Individual X Corporate Officer— Title(s): Vice President in Partner LI in Limited o General in Attorney in Fact n Trustee o Other: Signer is Representing: Top of thumb here Signer's Name: n Individual o Corporate Officer — Title(s): _ in Partner I_i ❑ Limited n General in Attorney in Fact n Trustee Q Other: Signer Is Representing: 23A -20 Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE LIST OF SUB - CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Strects, highways including bridge projects: %2% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: Y2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name OIL License # /Exp. DIR Reg. # /Exp. Location Phone Type Of We& Amount $ Name CA-1.,r I Rn]01201eq Ilt1 �a License # /Exp. j ayi i DIR Reg. # /Exp. 9 t:`�m-- i_e)16 3'S License #L Location Phone I1�- Q�1x1r Type Of (- ork �,A� ��{£ 9 i L3 b _ Amount$ Name License DIR Reg License Location Phone Type Of Amount Signature of Bidder ia d.C\ v „e e Name License # /Exp. DIR Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. 0/Exp. License # Location Phone Type Of Work Amount $ P -9 of P -17 23A -21 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. z. 3. Type of Work Name krid Address of owner. –I 1a"Qbna Kim S65 -r� -- l6st/ -32y7 Nam— e and Telephone Number of persop -f miliar with project. Contract Amount Type of Wore Date Completed Name and�Address of owner. Name and'felephone Number of person familiar with project. kt. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P -10 of P -17 23A -22 "2015" PAST WORK REFERENCES City of Hawthorne 4455 W. t62 °'t Street Hawthorne, CA 90250 Contact: Heeeheol Kwon, (310) 349 -2980 City of Inglewood One Manchester Blvd, 3`d Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412.4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: 7eewoong Kim, (805) 654 -3987 City of Montclair 5111 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625 -9444 Riverside County Transportation Commission 4080 Lemon Street, 3" Floor Riverside, CA 92501 Contact: Bill Seitz, (949) 300 -9132 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826 -5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997 -7513 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10 /2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Route 74 Widening Contract: $1,970,004.00 Start: 4/2014 Completed: 7/2015 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 4/2015 Completed: 9/2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6 /2015 Completed: 1112015 23A -23 "2014" PAST VATORK REFERENCES City of Fullerton 303 W, Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738 -6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283 -7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Marls Cueno, (310) 285 -2557 City of.Iurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332 -6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647 -5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012 -2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012 -13 Pavement Rehabilitation Contract Amount; $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 23A -24 44201311 PAST WORK REFERENCES Department of Transportation 3521 %4 University Dr Irvine CA 92612 Contract: Dat Pham, (949) 279 -8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact; ,Bill Whitlatch, (661) 259 -2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458 -2191 Department of Transportation 2023 Chicago Ave., B -6 Riverside, CA 92507 Contact: Michael Chen, (951) 830 -6017 Route 74, Contract No. 12- OL6404 Contract.Amount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No, 08- OP9504 ContractAmount: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 EI Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth RoBendxeld, (949) 707 -2650 Completed: 9/2013 County of Riverside Transportation Gilman. Springs'Road 3525 141i St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961 -5363 Completed: 9/2013 "2015„ PAST WORK REFERENCES City of Hawthorne 4455 W. 162nd Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349 -2980 City of Inglewood One Manchester Blvd, 3`d Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (31,0) 412 -4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654 -3987 Hawthrrne Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10 /2015 City of Montclair Northeast Montclair Street Rehabilitation 5111 Benito Street Contract Amount: $514,150,00 Montclair, CA 91763 Start: 4/2015 Contact: Steve Stanton, (909) 625 -9444 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3''d Floor Contract: $1,970,004.00 Riverside, CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300 -9132 Completed: 7 /2015 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826 -5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997 -7513 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 412015 Completed: 9 /2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6/2015 Completed: 1.1/2015 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. Owner. Name and Telephone Number perso\n4w iliac w`r h project. Conttraac`t Amount \ Type of Work Date Completed (� 2. � i1i41 er y\ &1 1 C[ \� &\ A Au C/a N me and Address of owner. Name and Telephone Number of person familiar with project. 7 A ve�\S \\ 201 Conti raci Amount Type of Work Date Completed 3. 4N�ar \e and Address of owner. p �--1 .�./� \ \l1YX �h'f�arrt�fAnY� AA61 -\ 1 -slp? 1 Name and Telephone Number of per uliar with project. '�•A.D� Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P -11 of P -17 23A -27 "2014" PAST WORK REFERENCES City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738 -6865 Port of Long Beach 4,801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283 -7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mak Cueno, (310) 285 -2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332 -6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Wennann, (714) 647 -5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Sherry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012 -2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 512014 2012 -t 3 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 23A -28 "2013" PAST WORK REFERENCES Department of Transportation 3521 A university Dr Irvine CA 92612 Contract: Dat Pham, (949) 279 -8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259 -2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458 -2191 Department of Transportation 2023 Chicago Ave., B -6 Riverside, CA 92507 Contact: Michael Chen, (951) 830 -6017 Route 74, Contract No, 12- OL6404 ContractAmouut: $1,134,057 Start: 7 /2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08- OP9504 Contract Amotmt: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949) 707 -2650 Completed: 9/2013 County of Riverside Transportation Crisman Springs Road 3525 141 St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961 -5363 Completed: 9/2013 "2012" PAST WOPK REFER. D+ N CE$ City of Boverly hills 345 Foothill Road Boverly Hills, CA 90210 Contact: 7uan Martinez, (310) 285 -2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754 -5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde, (951) 943 -5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinaccri, (949) 248 -3574 City of long Beach 333 W. Ocean Blvd,, IOth Floor Long Beach, CA 90802 Contact: ChuckRarney, (562) 570 -6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647 -5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA. 92708 Contact: Alex Salazar, (714) 593 -4516 2010 -2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/1/2011 Completed: 4/30/2012 2010 -2011 Citywide Street Rehabilitation ContractAmount: $2,778,000.00 Start: 7/1/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/2912012 Pacific Coast T3ighway & Niguel Shores ContraotAmount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/1/2011 Completed.: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/1/2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Stark: 5/1/2012 Completed: 8/1/2012 "2011„ PAST WORK REFERENCES City,•pf QdrVpton 205 South Willowbrook Avenue Compton, CA 90220 'Contact: Loujuana Mitchell, (310) 761 -1437 County.of San 1ernardino 825 B. Third Street San Bernardino,, CA 92415 Contact, Franklin Lund, (909) 387 -792Q County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: DavidHyikema, (951) 850 -6075 City of Stanton 7800 Katella Avenue Stanton, CA 90680 -3162 Contact: Quang Le, (714) 890 -4234 City of Long Beach 333 West Ocean Blvd'., 10'J' Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570 -6634 City of Paramount 16400 Colorado Boulovard Paramount, CA '90723 -5012 Contact: Len Gorecki, (562) 220 -2111 City of Huntington Beach 2000 Main Street Iiuntington Beach, CA 92648 Contact: Dave Verone, (714) 375 -8471 Department of Transportation 464 W. Fourth Street San Bernardino, CA 92410 -1400 Contact: Imad Abugharbieh, (951) 277 -8579 Northwood Avenue Reconstruction ContractAmount: $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. ContractAmount: $565,000,00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation' CcntractAmount: $740,000.00 Start. 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/1/2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/1/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909.00 Start: 11/1/2010 Completed: 3/30/2011 Slater Avenue Improvements Contract Amount: $1,926,341.00 Start: 8/2/201 D Completed: 2/30/2011 Route 91 Project Contract Amount: $5,732,812.00 Start: 3/'1/2010 Completed: 3 /30/2011 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20 , by _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me `.k�e ca�rur.�ned�DJa�tiw�:m�u�rw�r'€' Notary Public Signature Notary Public Seal P -12 of P -17 23A -32 CALIFORNIA JURAT GOV CODE § 8202 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 Riverside REnECCA ANGELA PARKA t m7 Commission N 2024344 a e s' Notary Publiq C,sli:ornia � >` >�' Riverside County ^"Pr =' My Comm. Expires Me 17, 2017 Subscribed and sworn to (or affirmed) before me on this 7 I day of December, 2016. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) M Name- ofvigaer enFe be the peFsaR sre'me.) Signature � �- z �2 Place Notary Seal Above SlgnatL& of Notary Public - -- OPTIONAL -- — Though the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non - Collusion Affidavit Document Date: None Number of Pages: 7 Signer(s) Other Than Named Above: None Top of thumb here 23A -33 Top of thumb here CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 1.6 -6858: FIRST STREET PAVEMENT MAINTENANCE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1.965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P-17 23A -34 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1.735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:` ma Title: r, nirnr an M to c u�esiai A Firm: \�6461 Date: X iA it k, P -14 of P -t7 23A -35 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: d'd Title; Firm:�>�« P Q� Date: P -15 of P -17 23A -36 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. I6 -6858: FIRST STREET PAVEMENT MAINTENANCE STATEMENT REGARDING "ANTI- KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitll d� r Title: jar Firm: Q�� iyrfuav V- k0nat� Date: P -16 of P -17 23A -37 CITY OF SANTA ANA PROPOSAL PROJECT NO, 1.5 -6840: WARNER AVENUE PAVEMENT MAINTENANCE PROJECT NO. 16 -6858: FIRST STREET PAVEMENT MAINTENANCE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P -17 of P -1.7 23A -38 (THE BIDDERS LXECUTION ON THE SIGNATURE POR71ON OF THIS PROPOSAL SHALL ALSO CONSTI7'U773 AN IsNDORSFMEN7'AND EXECUTION OFTHOSE CE'R7711CA470NS WHICHAREA PART OF7711S PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER proposed subcontractor hereby certifies that he has Z has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -L5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 13(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 23A -39 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. N Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action, Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 23A -40 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated 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 malting 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal 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 subrecipients shall certify and disclose accordingly. 23A -41 DISCLOSURE OF LOBBYING ACTIVITIES _ COMPLGTLTHIS FOW TO DISCLOSE: LOBBYING AC'riyiyi7s PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: ^2. Status of Federal Action: 3. Report Type: a. contract = a. bid / other /application % initial b. grant b. initial award b, material change c. cooperative agreement c. post -award d. loan For Material Ch ge Only: e, loci guarantee year_ quarter _ f. loan insurance date of 1W report — 4. Name and Address of Reporting Entity Enamefirst orting Entity in No. 4' Submvardec, Name and Address 'Prime: Prime; ❑ Subawmeloc ' tor__, if know Congressional District, if known essiom Nstrict, if known 6. Federal Department' /Agency: al Pr ram Name/Deseription: Number, if applicable S. Federal Actiort Nlunber, if known: Amount, if known: 10. a. Name and Address of Lobby Entity duals Performing Services (including (If individual, last name, first name s if diff�eront liom No. IOa) ame, first name, MI) (attach Cot inuation Sheets) if necessary) 11. Amount ofPoyment (/memtnber(s) hat ap y) 13. Type of Payment (check all that apply) S ® tanned a. retainer b, one -time foe 12. Form of payment (check apply): c. commission 8 u, cash d. contingent fee b, in -kind; spc e deferred e__ -�._ f. other, specify 14. Brief Description of Srformed or to be performed and Date(s) of Service, including officer(s), employce(ser(s) contacted, for Payment Indicated in Item H: (attach Co ntinuation Shoot(s) if necessary) 15, Continuatio shect(s) attached: Yes 11 No El 16. Information r uested through this form is authorized by 'rifle 31 11.S . Section 1352. This disclosure of lobbying reliance w. placed by the tier nbove when his transaction was made or entered into, This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penally of not less than $10,000 and not more them $100,0001'or each such failure, Federal Use Only: Print Name: Telephone No.: 9E- /- 731-760 Authorized for Local R Standard Form - LLI. 23A -42 ti 0 ."o C2 v IV Fd d 'TC m I h,. cC }U� r I, 1pp 1 �1 ci z ro U �o Ci h a b o� N H 6 N p 't7 0 v O q .0 � ipgd W W v •5 M U O O � U b❑ U ttl M ° a� b Rr W v W 0 w 3 � T 8a op= v ro IN o o w�}ff 6 ti .0 J 10 ti 23A -43 e 3 s 0 a u° v a a .m O �1 c 0 G O O � .r bAw a 0.i rn _a = = °o a oo. 'E 'E _��syos. .E o E 0 1 'E 'E E o 6 In 'E 'E E o E us E E E E o E In E E E E o E vl E E E E a �n v V to V V .,n, V £ �� +\% 'y�' u/�. V +max V V V V +/w V V V li +n..y. V C 0 Q Q p G ❑❑ ❑ ME] ❑❑ ❑ ❑ ❑ ❑❑ ❑❑ ❑❑ ❑ ❑❑ Uapq A v c E v E c� M no o to 47 tj NN d •em .....✓ ` G � 1 0 a 2 u •v —1� i r � V V � V/ J ^� � J m� 1, a+ m nvY, v ai y ui ai v m� E .�2- ' ZD n �,'," z v z V z 23A -43 e 3 s 0 a u° v a a .m O �1 c 0 G O O � .r bAw a 0.i rn Ir s - v s u o �v t, J X 23A -44 0 w w G� w z w w s Z QIrU r .U. s* Q N J v s u o �v t, J X 23A -44 0 w w G� w z w w CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15 -6840: WARNER AVENUE PAVEMENT IMPROVEMENTS PROJECT NO. 16 -6858: FIRST STREET PAVEMENT IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 17th day of January, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "), and All American Asphalt (hereinafter "CONTRACTOR'). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Warner Avenue Pavement Improvements and First Street Pavement Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices hi case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Two Million Five Hundred Eighty -Eight Thousand Six Hundred Ninety -Eight Dollars and No Cents ($2,588,698.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lunp sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to ornit portions of the work as may be deemed necessary or advisable. Exhibit 3 rev. (2/20/20(6 23A -45 Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20 %) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10 %) of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H 23A-46 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council s' • 1 a_ • i_1 SONIA R. CARVALHO City Attorney By: tCw '� .,✓l'� JOUN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: All American Asphalt EDWARD J. CARLSON Vice President 23A -47 Page 3 o£3 23A -48 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 15 -6840 & 16 -6858: WARNER AVENUE & FIRST STREET PAVEMENT MAINTENANCE Construction Contract $ 2,588,698.00 Contract Administration $ 45,896.00 Inspection and Testing $ 342,408.00 Contingencies $ 522,998.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,500,000.00 EXHIBIT 4 23A -49 23A -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH BENTLEY SYSTEMS, INC., FOR SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT (STRATEGIC PLAN NO. 6, 1G) CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 the Clerk of the Council to execute an agreement with Bentley Systems, Inc. for software maintenance and technical support for the specialized engineering software used in the Public Works Agency, in an amount not to exceed $55,000 per year, for a one -year subscription period beginning January 17, 2017, and ending January 16, 2018, with the option to extend for up to four additional one -year terms, exercisable by the City Manager or his designated representative. 2. Authorize the City Manager and the Clerk of the Council to execute a concurrent amendment to the agreement with Bentley Systems, Inc. that identifies mutually accepted changes to the agreement. DISCUSSION The Public Works Agency utilizes a number of specialized engineering software products in its delivery of public infrastructure projects. At the foundation of these engineering technology tools is the MicroStation computer -aided drafting (CAD) software, an industry standard which has been used for design engineering and Geographic Information System (GIS) data management for almost 20 years. Bentley Systems, Inc. is the owner and developer of MicroStation software. They are also the sole- source provider of maintenance and technical support for MicroStation software. The recommended software maintenance agreement (Exhibit 1) and concurrent amendment (Exhibit 2) will allow the City to continue to utilize the Bentley license server, which provides maximum software license availability without having to purchase separate licenses of each product for every computer and individual user. The software maintenance agreement also ensures that the Public Works Agency receives technical support for critical software issues that could greatly impact the ability to meet deadlines for projects in the Traffic, Design, Construction, and Water Engineering divisions. 25A -1 Agreement with Bentley Systems, Inc., for Software Maintenance and Technical Support January 17, 2017 Page 2 The option to switch to a third -party MicroStation vendor would require the City to immediately purchase new software licenses through the vendor at a considerable expense; however, software maintenance and support would still have to be purchased through Bentley Systems, Inc. Also, changing to a different CAD platform at this time would not provide any technological benefit. However, in addition to requiring an immediate investment in new software licenses, all users would have to be retrained, archived engineering and GIS files would have to be transferred, and current projects would have to be developed in a new, unfamiliar engineering environment. Therefore, staff recommends an agreement term of one year with up to four 1 -year renewal options. If new technology becomes available during the next five years, the City can choose not to renew and to implement a suitable transition plan. The previous agreement with Bentley Systems, Inc. expired November 30, 2016. However, due to a delay in preparing the quote, support will continue until this new agreement is executed. The new agreement includes a provision to separately invoice the City for the gap period between the previous expiration date and approval of the new agreement. Bentley Systems, Inc. has agreed to certain modifications to the agreement at the City's request and requires those modifications to be implemented by concurrent amendment (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The cost of maintenance for the first year of the agreement is $48,315.71. Funds in the amount of $55,000 have been budgeted and are available for expenditure in FY 2016/17 in the Public Works Admin Services fund, in the Contract Services- Professional account (No. 10117601- 62300). Funds for the optional agreement extensions will be allocated in the FY 2017/18 and FY 2018/19 budgets in the same account. 25A -2 Agreement with Bentley Systems, Inc., for Software Maintenance and Technical Support January 17, 2017 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: savipour Francisco Gutierrez Director Executive Director Public Works Agency FM /mlm Exhibits: 1. Agreement 2. Amendment No. 1 Finance & Management Services Agency 25A -3 25A -4 R„ nth y BENTLEY SYSTEMS, INCORPORATED SELECT PROGRAM AGREEMENT Bentley SELECT` NORTH AMERICA Bentley SELECT Agreement CLA Number This SELECT Program Agreement (together with all exhibits and attachments hereto as in effect from time to time, the "Agreement ") is made as of the Effective Date by and between Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685 Stockton Drive, Exton, Pennsylvania 19341, and the subscriber identified below ("Subscriber "). All references herein to "Bentley" include Bentley Systems, Incorporated and its direct and indirect subsidiaries. Subscriber desires to enter into this Agreement to .subscribe to the Bentley SELECT@ Program (`SELECT Program ") to acquire licensing privileges and services offered from time to time under the SELECT Program, all as more fully described in the lettered exhibits attached hereto.. Subscriber, upon signing this Agreement, is bound by the terms of this Agreement and Exhibits A and B hereto. Subscriber shall be bound by any amended or supplemental exhibit provided by Bentley upon Subscriber's license or purchase of products or services to which such amended or supplemental exhibits apply. The lettered exhibits attached to this Agreement are incorporated herein and made a part of this Agreement, as such exhibits may be updated, amended and supplemented with additional exhibits from time to time upon thirty (30) days after delivery through electronic or other means to the Subscriber; provided, that as to particular products and services licensed or purchased hereunder, Subscriber shall be bound by the form of the exhibits in effect at the time the products or services are licensed or provided. Upon any renewal of this Agreement, the updated, amended or supplementer) exhibits in effect at the time of such renewal, if any, shall be applicable to all licensing privileges and services under the SELECT Program provided from and after the date of such renewal, Notwithstanding the foregoing, unless Bentley and Subscriber agree otherwise by a writing ditty executed by authorized representatives of the parties, no amendment or supplement to the exhibits to this Agreement after any perpetual license purchase shall limit or impair i11e rights of Subscriber tinder the perpetual license terns and conditions in effect at the time such license is acquired. For definitions of the capitalized terms used in this Agreement and the Exhibits hereto, see Section I of the General Terms and Conditions Included as Exhibit B. The term of this Agreement is set forth in the General 'Perms and Conditions tinder the caption "Term; Termination." The terms of all Product licenses acquired hereunder shall be as set forth In Section 5 of Exhibit A to this Agreement, and all Product licenses hereunder are subject to the termination provisions applicable to such licenses in Section 5 of Exhibit A to this Agreement and In the General Terms and Conditions. Subscribers may nonuse the licenses, services and other benefits provided tinder this Agreement par purposes of developing software applications for distribution outside of their organization or for providing end -user training on Bentley Products other than to internal end users. If your organization falls into either of the foregoing prohibited categories, then please contact Bentley about other programs that are better suited for your business. BY SIGNING BELOW, SUBSCRIBER ACKNOWLEDGES THAT, THROUGH ITS AUTHORIZED REPRESENTATIVES, IT HAS READ_AND UNDERSTANDS THIS AGREEMENT (INCLUDING ALL ATTACHED EXHIBITS), AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT. SUBSCRIBER IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN, A FULLY EXECUTED COPY OF THIS AGREEMENT WILL BE RETURNED TO SUBSCRIBER AFTER THIS AGREEMENT 1S APPROVED AND ACCEPTED BY BENTLEY. SUBSCRIBER Approved as to Form BE' SYSTEMS, INCORPORATED Company Name S -mail Address. Address: Telephone: SEL002520- 1/0005 6/11 hit M. Funk? Assistant City Attorney Signature Attest Printed Name Maria D. Huizar Title Clerk of the Council Recommended fur Approval 685 SWCictnn Drive Exton,Pennsylvirim 19341 Fred Mousavlpour Executive Director Telephone: 610-A5 9,5000 Public Works Agency Date Signed: BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 General, Subscriber agrees to purchase SELECT Program coverage for all Bentley Products licensed and CAU acquired by Subscriber. Bentley shall provide SELECT Program services to Subscribers for all Bentley Products licensed by Subscriber; subject to the provisions of this Agreement. Subscriber may complete and submit to Bentley a supplemental foam referenced by Bentley as Attachment l ( "Attachment 1"), and if completed Attachment I shall be incorporated into this Agreement, provided that (except with respect to the duration of the initial tern or the Agreement) In the event of any inconsistency between this Agreement and Attachment 1, this Agreement shall control with respect to Subscriber's SELECT Program subscription, Any additional Bentley Products licensed by Subscriber during the term of this Agreement ,shall be added automatically to Subscriber's SELECT Program coverage hcmundor and the additional SELECT Program Pees will be included in Subscriber's periodic: invoices for SELECT Program services. SELECT Support Services platform for an equivalent license for such Product on another platform (a "Platform Exchange'). 3.02. Such Upgrade, Update, or Platform Exchange may be in downloadable electronic form, or any other means as Bentley may choose from time to time in its sole discretion, 3.03, fn order for Subscriber to be eligible to receive Upgrades, Updates, or Platform Exchanges, Bentley may require that Subscriber East return the Product. (or component thereof, such as hardware lock or CD- ROM) subject to the Upgrade, Update, or Platform Exchange directly to Bentley. 3.04. If Subscriber receives an Upgrade and uses such Upgrade then Subscriber's aggregate use of the Upgrade and the original Product subject to such Upgrade may not exceed the number of licenses purchased for such Product. If Subscriber receives a Platform Exchange then Subscriber must immediately cease using the original Product subject to such Platform Exchange, . 2,01, Bentley may provide SELECT support services to Subscriber either directly or, . at its discretion, through authorized Bentley Channel Partners, A Charnel PnmQr's audrorizerion may be limited to a particular Site or Sites, Subscriber acknowledges that Channel Partners are independent contractors of Bentley, and that there is no 4 Ol employedempioyee relationship between Bentley and its Chamd Partners. 2.02, Bentley shall provide Technical Support services to Subscriber, which includes telephone, Facsimile, electronic mail, and Interne[ based support to assist Subscribers regarding the use of Bentley Products, CALs and services (however, not to include professional services or professional training services) androasonable efforts to respond to heclmieal inquiries within four hags during regular business hours. The telephone portion of Technical Support services will be available seven days a week, 24 hours per day; provided that after normal business hours at a Subscriber's regional support location, Subscriber may be required to contact another Bentley support center. 2.03. Bentley shall have no obligation to provide a response or other service hereunder if Subscriber's technical inquiry is caused by: (a) incorporation or attachment of a feature, program, or device to a Product not approved or supplied by Bentley; (b) any nonconformanco caused by accident, transportation, neglect, misuse, alteration, modification, or enhancement of a Product; (c) failure to provide a suitable installation environorenn (d) use of the Product other than as described in its Document Set or as authorized under this Agreement; or (e) failure to incorporate any Update previously released by Bentley. Bentley shall offer SELECT support services for it given version of a Product, for at least twelve months, or until two Upgrades have been released by Bentley, whichever occurs first. 2.04, If Subscriber experiences a production - stopping anomaly, Bentley will rise good fault efforts to create an appropriate solution and deliver it electronically, or through Such other means as Bentley may choose in his sole discretion, Upgrades, [updates, and Platform Exchanges 3,01. Subscriber shall have the right to receive, at no additional charge (other than Shipping and handling, if applicable), Upgrades and Updates for each Product covered by the SELECT Progmm as such Upgrades and Updates become available. Subscriber shall also have the right to exchange, at no additional charge (other slum shipping and handling, if applicable), it license for a Product (Other than a Subscription License) covered by the SELECT Program on one SELOO2520 -1 /0005 6/11 SELECT Onlinc, Subscriber shall receive access to SELECT Online as set forth below and in more detail in the applicable online agreement found at www.bentley.corn (the. "Online Agreement "): Bentley may, from dine to time, offer certain services, including, but not limited to, training services, to its SELECT subscribers on a computer online service, cleotrordc bulletin board, Internet site or through technology developed in the future (`SELECT Online "), Subscriber shall use SELECT Online only in accordance with and subject to this Agreement, the terms provided herein and as supplemented from time to time in the Online Agreement that is a condition precedent to use of SELECT Online, The Online Agreement supplements this Agreement but does not supersede it in any respect, fit the event of conflict between the Online Agreement and this Agreement, the terns of this Agreement shall control. 4.02, Bentley shall have We sole right to conuol the format, content, delivery and all other aspects of SELECT Online. Bentley specifically reserves the right at any time to modify the information provided through SELECT Online, discontinue any portion of SELEC F Online, or terminate the SELECT Online service altogether without providing Subscriber any prior notice, 4A3. Absent a written agreement with Bentley to the contrary, Subscriber's use of SELECT Online constirmas Subscriber agreement to be bound by the terms of the Online Agreement. S. Product Licensing 5101. General. (a) Existing Licenses. Bentley and Subscriber agree that the terms of this Agreement shall amend and supplement all license agreements existing as of the Effective Date for Products. (including prior versions thereof). In the event of a conflict between the terms of any license agreements existing as of the Effectivo Date for.Pradiiets and the terms of this Agreement, the terms of this Agreement shall control until termination of this Agreement, whereupon, with respect to any perpetually licensed Products, the terms of the license agreement provided with the Product open its delivery to Subscriber shall govern Subscriber's use of any such Product. (b) Future Licenses, lu the event that Subscriber acquires or licenses a copy of a Product, Subscriber's use of such Product shall be governed by the terms of the license agreement Page 2 of 12 25A -6 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 provided with the Product upon its delivery to Subscriber, as Subscriber using pooled licensing hereby agrees to install and amended or supplemented by the terms of this Agreement . in implement Bentley's SELECTserver or such other Bentley effect at the time of such purchase. Subscriber hereby agrees licensing technology as may be required by Bentley from time that its downloading or use of any Products delivered to it shall to time to monitor usage. Subscriber agrees and acknowledges constitute Subscriber's acceptance of the license ageement that Bentley's SELECTsefver will from time to time transmit to terms provided with the Product upon its delivery to Subscriber, Bentley the usage log files generated by SELECTsewer or such If Subscriber licenses additional copies of a Product that is other Bentley licensing technology. Subscriber agrees to allow already licensed by Subscriber, . such additional licenses may be the above transmission to Bentley or otherwise to n'allsmit to authorized through delivery of a new Liconse Key and without. Bentley true and accurate copies of such usage log files. For delivery or download of any additional Product. in such purposes ofclarity, the right to pool licenses of Products granted instances, Subscriber agrees that the license agreement terns to Subscriber pursuant to this Section 5.02(x) of Exhibit A shall contained or cross- referenced in the License Key shall govern, terminate in the event of any termination or non - renewal of this Subscriber's use of such Product. In the event of a conflict Agreement, notwithstanding that the subject Products may be between the terms of the license agreement provided with a licensed on a perpetual basis. The pooled licensing benefits set Product upon its delivery to Subscriber and the terms of this forth in this Section 5.02(x) of Exhibit A are not applicable to Agreement in effect at the time such Product is purchased, the Server Products, Client Software and associated CALs. terms of this Agreement in effect at the time such Product is purchased shall control for the term of this Agreement. (b) No- Charge Licenses. However, with respect to any perpetually licensed Product, upon any termination of this Agreement the terms and (1) If a. Product is designated as eligible on SELECT Online, conditions of the license agreement provided with the Product . Subscriber is hereby entitled on a 11011- exclusive basis, upon its delivery to Subscriber shall govern Subscribers use of without payment of license fees but otherwise subject to the Product. the terms of this Agreement; to create Production Use copies, for use only by Subscriber, of certain Products (c) No Transfers. Subject to Section 8.01 of Exhibit. B, Subscriber made available by Bentley from time to time and which shall not sell, transfer, assign, grant a security interest in, are designated by Bentley as no- charge sothvare. sublicense, loan, lease or rent any of its rights under its CALs or Subscriber is entitled to redistribute such Products, which licenses to use Bentley Products without the prior written are designated by Bentley as available for such consent of Bentley. If consent is given by Bentley, Subscriber redistribution, in machine readable form to third parties to may permanently transfer a license to another end user, which Subscriber distributes its Bentley Products files; provided all sofhvare and related documentation and media provided that Subscriber procures each such third party's covered by such license are transferred to the tnansferoc end agreement not to further redistribute such Products. Unless user and the Subscriber does not retain any copies thereof, and Bentley specifically authorizes otherwise in writing, such provided Rather that the transferee end user agrees in writing free licenses granted or redistributed hereunder will expire with Bentley to cover all of its CALs and licensed Products upon termination of this Agreement. under the SELECT Program and be bound by the terms of the license agreement then in effect Fm such CAL or Product. C2) For each of Subscriber's licenses of Product designated by Bentley as eligible on SELECT Online, Subscriber may (d) No Commercial Hosting. Products are licensed for Production at no charge receive a single CAL allowing one additional Use only. Products may not be used to provide commercial User (which User may, under the teams of Section 5,02(1) hosting services or as the basis for fee or transaction based of Exhibit A, be an External User) of that designated services. Product to install and use Client Software to access any properly licensed Server Products, for Production Use, and 5.02. Licensing Programs. Unless otherwise specifically set forth herein, in accordance with Section 5,02(1) of Exhibit A. Such Bentley Products are licensed oil Per Device basis as set forth in the CALs granted hereunder will expire upon te'mination of applicable end user license that ships with the Bentley Product. The this Agreement. following licensing programs are not available for all Products; please check SELECT Online to see which Products are eligible for the (c) Hoare Use Licenses. Unless Subscriber notifies Bentley in respective licensing programs (absent a specific designation of writing that Subscriber's employees shall not be entitled to eligibility, a Product is ineligible for any such program). Bentley obtain home use editions of a Product, Bentley will distribute reserves the right to add or remove any Product from eligibility for upon an employee's request made through Subscriber's site licensing wider the following programs, Bentley reserves the right to administrator, and permit Subscriber's employees to use, discontinue any of its licensing programs at any Grits, without notice without charge, home use editions of certain Products (for to Subscriber. However, until renewal or termination of this which such editions are available; as designated on SELECT Agreement, such maturation of any licensing program shall not affect Online) in accordance with the tenlu set forth in the license the licenses for Products previously granted pursuant to such agreement provided with such hone use edition of a Product; as terminated licensing program. For purposes of clarity, all licenses amended and supplemented by this Agreement. Restrictions on previously granted pursuant to a terminated licensing program shall home use licenses include the following: home use licenses ate terminate upon the renewal or termination of this Agreement. not permitted to be used for Production Use or any commercial use, including training;. home use licenses are not for use in (a) Pooled Licensing. If a Product is designated as eligible on Subscriber's offices; home use licenses may not be stored on SELECT Online, then Bentley hereby grants to Subscribes a any cleerronic media; home use licenses must be permitted in limited non -to n3femble non - exclusive right to use such Product Subscriber's jurisdiction. The total number of home use editions for Production Use only on multi-tier computer networks, and available to Subscriber's employees may not exceed the number to install a licensed Product on more than one computer or hard of Subscriber's Product licenses to which the (tome use editions disk, provided that all users under this arrangement are at the relate. Home use editions of Products are ineligible for same Site and the number of users that Use a Product during Technical Support even if Subscriber bas purchased SELECT any one interval does not exceed the number of copies of such Program services. Subscriber shall not be responsible for Product for which Subscriber has licenses at such Site. Any ensuring compliance by its employees with the Bentley hems SU002520 -1 /0005 6/11. Page a or' 12 25A -7 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 use homed, nor shall Subscriber be liable for any breaches of SELECT Program services that the same CALs or such license by its employees. Such home use licensee granted Products Under a perpetual license would entitle harounderwiil expire upon termination of this Agreement. Subscriber to receive. (d) Evaluation of Products. If a Product is designated as eligible (5) Subscriber recognizes that the CALs, Products and pn SELECT Online, Bentley hereby grants to Subscriber, Portfolios acquired or licensed under a Subscription subject to its compliance with the procedures or this Section License are provided to Subscriber for use only for the 5,02(d) of Exhibit A, a limited nontransferable non-exclusive applicable License Term or any renewal term. In no event right to create, using SELECT Online (following the registration will a Subscription License continue beyond the expiration requirements set forth on SELECT Online), one (1) copy par or earlier nomination of the SELECT Agreement under Site of each Product contained on SELECT Online solely for which it is granted. Subscriber recognizes that CAL Evaluation Use of such Product, provided that Subscriber shall Subscriptions, Product Subscriptions and Portfolio have no right to create evaluation copies of Products previously Subscriptions may be delivered to Subscriber with licensed by Subscriber. The duration of use of an evaluation embedded Time Clocks. Subscriber agrees that Time copy shall not exceed. thirty (30) days, and Bentley may provide Clocks are not considered a defect of such Subscription the Product with a mechanism that will cause the Product to Licenses and riskiness Bentley from any and all claims, time out or expire attar thirty (30) days. Upon the earlier of the however characterized, arising from or related to Time conclusion of such (30) day evaluation period or the termination Clocks or their operation. Subscriber may not remove or of this Agreement, Subscriber shall destroy all copies of evade'llme Clocks. Products created for evaluation hereunder and, upon request by Bentley, certify such destruction in writing. (6) In the event of any inconsistency between this Section 5.97(4) of Exhibit A and ally other - Section or Exhibit of (e) Subscription Licensing. this Agreement, or between this Section 5.02(x) of Exhibit A and the terms and conditions in the license agreement (1) Subscribe' may, upon Bentley's approval, license certain provided with any Product or CAL that is the subject of a Products, or acquire CATS, for a specified term (a Subscription License, this Section 5.02(e) of Exhibit A "Subscription Lyeease "). A Subscription License may shall control with respect to Subscription Licenses. entitle Subscriber to license rights in a single Product (a "Product Subscription") or a specified portfolio of (f) Client Solrwore Benefits. "Client Access License" or "CAL" Products (a "Portfolio Subscription ") for Production Use, Is a license right to install and use Client Software and permit in Object Code form and within ilia Country, Each User to access Server Products licensed by Subscriber. If Client Portfolio Subscription is licensed for use on a single Software is designated as eligible on SELECT Online, computer at one time, and its component parts or Subscriber may, up to the total number of CAU licensed by individual Product damsels, if any, may not be separated Subscriber, -for Production Use only; (1) install and rise Client for use on more Bum one computer. To be eligible to Software; (2) permit Users, including External Users, to access participate, Subscriber must be current on all outstanding Serve Products licensed by Subscriber; and (3) access Server invoices for amounts owed to Bentley. Products licensed by an External User, and the total number of CALs counted as used hereunder shall be the number of unique (2) The license rem for a Product Subscription or Portfolio Users, which number shall include External Users, recorded in .Subscription shall commence upon Subscriber's receipt of the usage log tiles transmitted pursuant to this Section 5M(f), the License Key 'and, unless earlier terminated, shall dining the term of this Agreement. The parties acknowledge continue for the remaining current term of the Agreement and agree that air External User may be permitted to access or such shorter tam (hot less than one (1) month) as Server Products Incensed by Subscriber using a CAL. owned by Subscriber may elect at the time the purchase order is that External User. Subscriber agrees to transmit to Bentley, delivered and reflected in the License Key (the "License upon Bentley's request, true end accurate copies of the usage Term "). The License Term (and each successive term) log . files generated by Server Products or such other Bentley shall automatically renew at its expiration for a successive licensing technology as may be required by Bentley from time term equal to the then remaining term of the Agreement, to time, and information identifying any External User that has or such shorter term (not less than one month) as a accessed Serve' Products licensed by Subscriber, Upon Subscriber may elect at the time of such renewal, unless expiration or earlier lamination ofthis Agreement, the teams of either party gives notice of its election not to Penske the the license agreement provided with the Client Software and the License Term at least thirty (30) days prior to the CAL shall thereafter govern the use of such Client Software and expiration of the then current term, The License Tenn for the associated CAL, and Subscriber shall no longer be entitled a- particular Product Subscription or Portfolio Subscription to the Client Software Benefits as set forth in this Section, shall termarne upon termination of the Agreement or in the event of non- renewal at the and of the then current (g) SELECTserver. Subscriber may, upon Bentley's approval, and License Tema as provided in the preceding sentence, at no charge, receive a. Subscription License for Bentley's SELECTserver Product (or such other server -basal license (3) The fees in effect as of the date a Subscription License for management technology that Bentley may offer). The ternns of a CAL, Product Subscription or Portfolio Subscription is Subscriber's use of the SELECTserver Product shall be as Set initiated or rrneved hereunder shall remain In effect for forth in the license agreement provided with the SELECTserver such CAL, Product or Portfolio Subscription until the Product,; as such terms are amended or supplemented in this expiration or renewal date of the License Term for such Agreement. Subscriber acknowledges that SELECTserver (or CAL, Product or Portfolio Subscription. On the renewal such other server -based license management technology thus date, the prices in effect on such (late shall be applicable. Bentley may offer) may be delivered to Subscriber with embedded Time Clocks, Subscriber agrees that Time Clucks are (4) During the License 'Penn, and any renewal tern, all not considered it defect of the Product and releases Bentley from Subscription Licenses for CALs; Product Subscriptions any and all claims, however characterized, arising from or and Portfolio Subscriptions shall entitle Subscriber to all related to "franc Clocks or their operation. Subscriber arty not SEL002520d /0005 6/11 25A -8 Page 4 of 12 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of Jannary 2010 remove or evade Time Clocks. Subscriber agrees and acknowledges that Bentley's SELECTserver will from time to time transmit to Bentley the usage: log files generated by SELECTserver or such other Bentley licensing technology. Subscriber agrees to allow the above transmission to Bentley or otherwise to transmit to Bentley into and accurate copies of such usage log files. 6. SELECT Program Fees 6.01. Subscriber shall pay to Bentley the applicable SELECT Program Fee in effect for each Product licensed or CAL acquired as of the Effective Date of this Agreement. Subscriber shall pay to Bentley the applicable SELECT Program Fee in effect for each additional Product licensed. or CAL acquired during the term hereof as of the date such additional Product license or CAL is purchased. With respect to the Products licensed or CALs acquired by Subscriber during the term of the Agreement, the fees in place as of the Effective Date, or, with respect to additional Products licensed or CALs acquired, as of the date of such purchase, shall remain in effect for the Subscriber until the date of the next renowal of this Agreement, at which time the fees shall be changer) to those charged by Bentley as of such renewal date, provided that no changes in fees for Products or CALs covered shall be effective until. thirty (30) days after Subscriber receives notice of such changes, Subscription License fees as set forth in Section 5.02(e) of this Exhibit A are inclusive of SELECT Program coverage and no additional fees for SELECT Program coverage shall apply for Products licensed or CALs acquired under a Subscription License. 6.02. Bentley shall initially invoice Subscriber for one (t) year of SELECT Program Fees for all Product licenses and CAU as of the Effective Date of this Agreement. Bentley shall provide Subscriber with a pro- rated annual invoice for all Product licenses and CAL% purchased during the first year following the Efective Date of this Agreement. As of the first anniversary of the Effective Date of this Agreement, invoices for SELECT Program Fees for Product licenses end CALs shall be issued quarterly or annually. Invoices reflecting new Product licenses or CALs will include a prorated amount reflecting coverage of the Product or CAL under the SELECT Program during the preceding invoice period plies the full amount for the current invoice period. Bentley may modify the liming of invoicing hereunder at any time. 6.03. Calculation and payment of the SELECT Program Fee hereunder shall be based on the local price and local currency of the Subscriber's Site where the related Products or CAU are used. 5EL002520 -1 /0005 6111 25A -9 Pape 5 of 12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 1. Detlnitiuns. Lit. "Object Code" means the Products in a machine readable Come that The capitalized words; terns land phrases in this Agreement shall is not convenient to human understanding of the program logic, and ]love the meanings sot forth below: that can be executed by a computer using the appropriate operating system without compilation or interpretation, Object Code 1.01. "Agreement' means the SELECT Program Agrecurcnt executed by specifically excludes source code. Bentley mid the Subscriber and all exhibits, attachments and amendmentsas in effect from time to time. I,]7. "Online Agreement" shalt be defined. as set forth in Exhibit A, Section 4 herein, 1.02. "Bentley Products" or "Products" mean the software products, data 1 18 and other materials, previously or hereafter distributed by Bentley through delivery mechanisms datounlned in Bentley's sole discretion (including but not limited to distribution via SELECT Online through 1.19, download or by ordering through CD threat) that Bentley makes available to Subscriber typically in Object Code fome only, for licensing hereunder, including Updates and Upgrades thereto.. 1:20. 1.03. "CAL" shall be defined as set forth in Exhibit A, Section 5.02(t) herein, 1.21. L04. "Channel Partner" or "Bentley Channel Partner" means individuals and companies who are authorized by Bentley to provide 1'22 SELECT support services as set forth in Exhibit A, Section 2; 1.05. "Client Software" means software that allows a Device to access or 1.23. utilize (or where applicable, be managed by) Server Products (and, also where applicable, to utilize certain aspects of the Products when discmmected from the Server). 1.06. "Country" means the coumty{ (i) where. the Product is first obtained front Bentley or a Channel Partner; or (it) specified in the purchase 124 order fa•which a. Production Use copy of the Product may be made. or the Product is aumorized to be used. 1,07. "Definition of Use" shall have the meaning set forth in each License 1.25. Key. 1.08. "Device" means a single personal computer, workstation, terminal, 1'26' band held computer, pager, telephone, personal digital assistant, Server, or other electronic device. 1.27. 1109. "Distribute" means distribution by Bentley through all means now known or hereinafter developed. 1.10. "Dean room Set" bens, with respect to a Product, one copy of one or more user guides developed for use with such Product in electronic format or such other format as elected by Bentley in its sole discretion. '-Order" shall be defined as set forth in Exhibit C, Section 1.01 herein. "Pre- Existbrg Works" shall be refund no set forth in Exhibit C, Section 1.08 herein. "Platform Exchange" shalt be defined as set forth in Exhibit A, Section 3.01 herein. "Portfolio Subscription" shall be defined as sot forth in Exhibit A, Section 5.02(0)(1) herein. "Product Subscription" shall be defined as set forth in Exhibit A, Section 5.02(e)(1) herein. "Production Use" means use of a Bentley Product. in Object Code flami by a User or Device, as applicable, solely For Subscriber's internal production purposes, and excludes External Users (except with respect to use of CALs and access of Server Products pursuaint to Exhibit A, Section 5.02(f) herein) and Service Bureau Use. `Proprietary Information' shall be defied as set forth in Exhibit B, Section 3.06m) herein. "SELECT Online" shall be defined as set forth in Exhibit A, Section 4.01 herein. 'SELECT Program Fee' means the fee for SELECT Program services as sot forth from time to time in Bentley's sole discretion. 'rSELECTserver" means Bentley's servcr -based licensing technology, 1.28. "Serial Number" means a unique number issued by Bentley for identification of a particular copy of Product, which number shnit be registered to Subscriber and assigned by Subscriber to a particular copy of such Product. 1.29. 1.11. "Effective Date" means the date that this Agreement is accepted by Bentley as indicated on the first page of this Agreement. ].30. L12. "Evaluation Use" means the use of a Bentley Product solely for internal evaluation of such Product. Evaluation Use expressly excludes use in connection with ongoing projects, use for 1'31' compensation of any kind, and Production Use. 1.13. "External User" means any User (not air organization) who is not: (i) one of Subscriber's full- time, part -time, or temporary employees; or (ii) agency temporary personnel or an independent contractor on assignment at Subscriber's place of business or work -site. 1,14, "License Kcy" means the document furnished by Bentley in electronic re such other format as determined in Bentley's sole discretion, to Subscriber identifying the Product licensed and authorizing use are Product. L.1 S. "License Term" shall be defined os set forth in Exhibit A, Section 5.02(c)(2) herein. saoml52o-1/0005 5/11 1.32. "Server" means one of Subscriber's computers that can run a Server Product. "Server Product" means a Product that provides services or functionality to Subscriber's Server(s). "Service Bureau Use" includes managing, hosting, distributing or otherwise providing access to Products across a wide area network, "Site" means all of the discrete geographic locations at which Subscriber Uses or manages the operation of Products within the geographic boundaries of a. single Country. 1,33. `Subscriber" shall be defined as let faith on the front page of this Agreement, and with respect to Use of Products the tern Subscriber" shall refer to: (1) one of Subscriber's full -time, pail- time ' or temporary employees; or (it) agency tempormy personnel or an independent contractor engaged in Production Use on assignment at Sabscrifecrz s place of business or work -site. Page 6 of 12 25A -10 BENTLEY SELECT PROGRAM AGREEMENT General Tents and Conditions Exhibit B Dated as of January 2010 1.34, "Subscription License" shall be defined as set forth in Exhibit A, Section 5.02(x)(1) herein. 1,35. `Subscription Licensing" means acquisition of a CAL or licensing of a Product or portfolio of Products as set Froth in Section 5.02(e) of Exhlblf A of this Agreement. 1.36. "Technical Support" means telephone,. facsimile, Internet and electronic mail based support to assist asubscriber to the SELECT Program as described in Exhibit A, Section 2.02 of this Agreement. 1.37. "Time Clocks" means copy - protection mechanisms, or other security 3.01. devices which may deactivate Products or CALs, including Bentley's SELECTserver, after termination or expiration of the Agreement, any applicable License Term or any applicable renewal term. 1.381 "Update" means a maintenance release ofa'Product 1.39. "Upgrade" means a commercial release of a Product which has substantial added functionality over the Product it is intended to replace. 1.40. "Use" (whether or not capitalized) means utilization of Product or CAL by an individual or when a Product has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD -ROM; or other storage device) of a computer. L41. "User" means an individunl person. 1.42. "Work" shall be defined as set forth in Exhibit C, Section 1,01 herein. IA3. "Work Product " shall be defined as set forth in Exhibit C, Section Ldl herein. Payment of Eenttey Invoices. 2.01. Payment Terms. - Subscriber shalt pay each Bentley Invoice for all CALs, Product licenses and services provided hereunder within thirty (30) days from the date of such invoice. Interest shall accrue on delinquent payments of such invoices at the rate of one and one -half percent (1.5 %) per month or the highest rate permitted by applicable law, whichever is less. In the event any payment hereunder is past due, Bentley, at its disci ation,. may suspend or, after notice of such overdue payment and a thirty (30) day period to cure, terminate Subscriber's services, rights, and licenses provided triter this Agreement. 2.02. Taxes. Subscriber shall pay to Bentley all levied taxes that Bentley is required under applicable law to collect from Subscriber by reason of the transactions contemplated by this Agreement, Including, but not limited to sales, use, occupation, value added, excise; and property taxes (except for taxes based on Bentley's net income). If Subscriber is obligated under an clip lcab[it law to Militate or deduct taxes from any payment of SELECT Program Fees to Bentley, Subscriber shall famish to Bentley official receipts evidencing Subscriber's payment of such taxes. Subscriber has complied with its obligations hereunder. These records shall include the location and identification of the Subscriber hardware on which Subscriber uses each copy of the CALs or Products. Subscriber shall, upon seven (7) days advance written notice by Bentley, permit reasonable inspection and copying of such records by Bentley or a third -party auditor retained by Bentley at the offices of Subscriber during regular working hours. Intellectual Property Rights Title; Reservation of Rights. Subscriber acknowledges and agrees that: (a) The Products, including the Document Sets for each Product, and any information which Subscriber obtains through the SELECT Program or the use of SELECT Online or any other means of electronic transmission, contain proprietary information of Bentley, its licensors or other suppliers, and me protected under United Status copyright laws, other applicable copyright laws, other laws relating to the protection of intellectual property, and international treaty provisions; (b) The entire right, title and interest in and to the Products, the Document Sets, any information Subscriber obtains through the SELECT Program or the use of SELECT Online or any other means of clectrunie transmission, and all associated intellectual property rights, shall remain with Bentley or its licensors; (a) The Products are licensed, not sold, and title to each copy of the Products shall remain with Bentley or its licensors, and shall not pass to Subscriber; and (d) Bentley retains all rights not expressly granted 3,02. Source Cade. Subscriber shall have no right hereunder to receive, review, use or otherwise have access to the Source code for the Products. 3.03, Copyright Nodeeii, Subscriber shall reproduce and include on all copies of the Products created by Subscriber all copyright notices anti proprietary legends of Bentley or its licensors as they appear in or om the original media containing the Products supplied by Bentley. Roproduetion of Document Sets. Subscriber may reproduce the Document Sets for its internal, non - commercial use only, but the cumulative number of such reproduced Document Sets may not exceed the number of Products licensed by Subscriber that correspond to the Document Sets. 3.05. Reverse Engineering. Subscriber may not decode, reverse engineer, reverse assemble, reverse compile, or otherwise translate the Products or Document Sets except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. To the extent that Subscriber is expressly permitted by taw to undertake any of the activities listed in The previous sentence, Subscriber will not exercise those rights until It has provided Bentley with thirty (30) days prior written notice of its intent to exercise such rights. 2,03. Local Price and Currency. Calculation and payment of the SELECT Program Fee or any separate- price for a0, CALs, Products and 3.06. services hereunder shall be based on the local price and local currency of the Subscriber's Site where such CAL, Product or service is used. 2.04. Recom'ds; Audit. Subscriber shell maintain complete and accurate records of CALs and Product Ileen8e9 prior to [lie date of this Agreement and its creation and use of the CALs acquired and Products licensed hereunder to permit Bentley to determine whether 5 €LOO2520.1 /0005 6/11 25A -11 Proprietary Information. (a) Subscriber understands and agrees that Bentley may, in connection with the provision of CALs, Products and services hereunder, disclose to Subscriber confidential, proprietary and technical information pertaining to Bentley Products and to Bentley's technology and business practices (collectively 'Troprietary Information "), Subscriber agrees to treat all vase 7 of 12 BL"^NTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 Proprietary Information in accordance with this Section 3.06 of Exhibit B. (b) Subscriber shall maintain the confidentiality of All Proprietary Infannatien. Subscriber shall not reproduce or copy Proprietary Information except as permitted in this Agreement or as may be expressly authorized in writing in advance by Bentley: All such copies shall be marked by Subscriber as proprietary and confidential information. (c) Subscriber shall only use Proprietary Information in furtherance of this Agreement; and may disclose Proprietary formulation only to false employees required to have knowledge of salve to perform their - duties pursuant to this Agreement. Subscriber shall not disclose or make Proprietary Information available to any third party at any time. (d) Subscriber shall heat Proprietary Information with the same 4.03, degree of care as it uses to protect Its own confidential information, and in no case less than a reasonable degree of care. (e) Upon die termination or non - renewal of this Agreement, Subscriber shall mourn to Bentley or, if so requested, dedroyall Proprietary hrformation in its possession. (f) .Subscriber shall Have no obligation of confidentiality with respect to any Proprietary Information that (i) has entered the public domain other than through a breach of this Agreement, (ii) has been rightfully obtained by Subscriber from a third party with no obligation of confidentiality, or (Iii) is previously known by Subscriber as demonstrated by clear and convincing evidence. (g) Subscriber shall promptly inform Bentley upon knowledge of say actual or potential unauthorized use or disclosure or the Proprietary hrformation, 107. No Benchmarks. Subscriber may not disclose the results of any Product testing, including but not limited to benchmarks, to any third party without first obtaining Bentley's wriden consent to do so. 4. Limited Warranty; Limitation of Remedies and Liability 4.01, Limited Warranty to Subscriber. Except for :products licensed tinder Section 5.02(b), Section 5A2(e) Br Section 5.02(4) of Exhibit A hereof, which are provided to Subscriber "AS -IS" and without womanly of any kind, Bentley hereby warrants for tile benefit only of Subscriber that (a) for a period of ninety (90) (lays ("Warranty Period "). train the date of delivery to Subscriber of a Serial Number or Product, as the case may be, the Product shall, under normal use, operate in substantial conformance with the functional specifications set forth in the Document Set applicable to such Product, and (b) for a period of ninety (90) days from the date of delivery, other products and materials famished by 13cnticy to Subscriber shall, under normal use, operate in substantial conformance with the Bentley documentation applicable to such products and materials. If any modifications, enhancements or changes are trade by Subscriber or at Subscriber's direction to the Products; if the Products are reverse - englneeted, decompiled or disassembled; or if Subscriber breaches the terns of this Agreement, then the warranties in this section shall be immediately terminated. This limited warranty gives Subscriber specific legal rights, Subscriber may have other rights which may vary from state/jurisdiction to stateljurealiction. 4.02. Exclusion of Warranties. THE WARRANTIES STATED IN SECTION 4.01 ARE BENTLEY'S SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE PRODUCTS, SELECT SEL0n2520d /0005 5/11 SUPPORT SERVICES AND OTHER MATERIALS AND SERVICES LICENSED, DELIVERED OR OTHERWISE FURNISHED BY BENTLEY UNDER THIS AGREEMENT, BENTLEY DOES NOT WARRANT THAT THE PRODUCTS, SELECT SUPPORT SERVICES, OR ANY OTITER SERVICE OR MATERIALS WILL MEET SUBSCRIBER'S REQUIREMENTS, BE FREE FROM VIRUSES OR OPERATE UNINTERRUPTED OR ERROR FREE. BENTLEY NPREBY DISCLAIMS ALL OTHER WARRANTIES EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AGAINST NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, THESE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER AS SOME STATES /JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. Exclusive Remedy. The entire liability of Bentley and the sole, and exclusive remedy of Subscriber shall be, in Bentley's sole and absolute discretion, (1) to repair or replace a Product or other materials in broach of the foregoing warranties, (if) to advise. Subscriber how to achieve the same functionality with the Product as described in the Document Set thorough a procedure different from that set forth in the Document Set, or (ii) to muslin the purchase price or fees paid therefore, where written notice of such breach, specifying the detect, is fhndshcd to Bentley dm'arg the Warranty Period. Repaired, comeeted, or replaced Products. and Document Sets shall be covered by this limited warranty for ninety (90) days after the date; (a) of shipment to Subscriber of the "repaired or replaced Products and Document Sots, or (b) Bentley advised Subscriber how to operate the Products so as to achieve the functionality described in the Document Sets. 4.04. Exclusion of Batangas, IN NO EVENT SHALL BENTLEY AND ITS LICENSORS AND SUPPLIERS BE .LIABLE TO SUBSCRIBER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, INTERRUPTION OF BUSINESS, LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED. DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF BENTLEY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES /JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER, 4105. Disclaimer. Subscriber acknowledges thattlie Products are not hand. tolerant and Have not been designed, manufactured or intended for rise and will not be used in the development of weapons of mass destruction, as on -line control equipment in hazardous environments requiring fait -safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Products could lead directly to death, personal injury, or severe physical or environmental damage. Subscriber further acknowledges that the Products are not substitutes for Subscriber's professional judgment, and accordingly, neither Bentley nor its licensors or suppliers are responsible for Subscriber's use of the Products or the results obtained from such use. The Products are intended only to assist Subscriber in its business, and are not mean to be substitutes for Substation's independent testing slid verification of stress, safety, utility or other design parameters. Nate S 12 25A -12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 4.06. Limitation of Bentley Liability. IN THE EVENT THAT, NOTWITHSTANDING SECTIONS 4.01, 4.02,4.03, 4.04 AND 4.05 OF THIS EXHIBIT B, BENTLEY IS FOUND LIABLE FOR DAMAGES BASED ON ANY BREACH, DEFECT, DEFICIENCY OR NON- CONFORMITY IN A PRODUCT, IN SELECT SUPPORT SERVICES, OR IN ANY OTHER SERVICE OR MATERIALS,WHETHER IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF 1T$ ESSENTIAL PURPOSE BY LAW, BENTLEY'S CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE PRICE PAID BY SUBSCRIBER FOR (i) SUCH PRODUCT, (it) A ONE-YEAR SUBSCRIPTION TO THE SELECT PROGRAM, OR (iii) SUCH OTHER DEFECTIVE SERVICE OR MATERIALS, AS THE CASE MAY BE. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN BENTLEY AND SUBSCRIBER. BENTLEY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. 4.07. Indemnification by Bentley. Bentley shall pay any damages finally awarded against Subscriber based an a claim against Subscriber that a Product which is developed and owned by Bentley infringes a third party's copyright carder the laws of a Berm Convention signatory country, or results in a misappropriation of a third party's trade secret, in the Country where Subscriber has been authorized to piece the Product subject to Stich claim into Production Use, if Subscriber provides to Bentley: (a) prompt written notice of any such claim, (b) all available information and assistance, and (c) the opportunity to exercise sale control of the defense and settlement of any such claim. Bentley shall also have the right, at its expense, either to picture the right for Subscriber to continue to use the Product or to replace or modify such Product so that it becomes non - Infringing. If neither of the foregoing alteratives is available on teems that Bentley, in its sole discretion, deems desirable, Subscriber shall, upon written request from Bentley, mmnt to Bentley the allegedly infringing Product, in which event Bentley shall refund to Subscriber the price paid by Subscriber for each copy of such returned Product, less twenty percent (20 %) for each elapsed year since the commencement of the license for such copy. Bentley shalt have no liability and this Indemnity shat not apply if the alleged infringement is contained in a Product which is not developed or owned. by Bentley or is due to modification of the Product by Subscriber or the combination, operation or use of a Product with other software that does not originate from Bentley or if Subscriber is in breach of this Agreement. Bentley shall also have no liability, and this Indemnity shall not apply, for the portion of any claim of infiagement based on use of a superseded or altered release of a Product if the Infringement would have been avoided by the use of a current, unaltered release of the Product. In no event shall Bentley's liability hereunder to Subscriber exceed the license fees paid by Subscriber for the allegedly infringing Product. This Section 4.07 sets forth Subscriber's sole remedy for intellectual property infringement, Expert Controls, The Products have been manufactured or developed in the United States of America and accordingly may be subject to U.S. export control laws, regulations laid requirements, Regardless of any disclosure made by Subscriber to Bentley of an ultimate destination of the Products, Subscriber must not export or transfer, whether directly a indirectly, the Products, or any portion thereof, or any system containing Such Products or portion thereof, to anyone outside the United States (including further export if Subscriber took delivery of tha Products outside the United States) without first complying strictly and fully with all export controls that may be imposed an the Products by the United States Government or any country or organization of nations within whose jurisdiction Subscriber uses the SEL002520- 1/0005 6/11 Products. The countries subject to restriction by action of the United States Government are subject to change, and it is Subscriber's responsibility to comply with die United States Government requirements as they may be amended from time to time. Subscriber shall indemnify, defend and hold Bentley harmless for any breach of its obligations pursuant to this Section. U.S. Government Restricted Rights. If the Products are acquired for or on behalf of the United states or America, its agencies and/or instrumentalities ( "U.S, GovemmenP'), it is provided with restricted rights. The Products and accompanying documentation am "commercial computer software" and "commercial computer software documentation," respectively, pursuant to 48 C.F.R. 12.212 and 227.7202, and `restricted computer software" pursuant to 48 C.F.R. 52.227- 19(a), as applicable, Use, modification, reproduction, release, performance, display or disclosure of the Products and accompanying documentation by the U.S. Goverment are subject to restrictions as set forth in this Agreement and pursuant to 48 C.F.R. 12.212, 51227-19, 227.7202, and 1852.227 -86, as applicable. Term; Termination 7,01. Term, This Agreement and Subscriber's SELECT Program subscription shall become effective on the Effective Date, and shall continue for an initial term of twelve (12) months (unless Attachment 1 provides for a longer duration of the initial term), and shall automatically renew for terms of like tenure unless either party gives notice of its election to not renew the totan . at least thirty (30) days prior to the expiration of the dem- Current tern. 7.02. Termination for Material Breach. Either party may, at its option, munitions this Agreement in the event of a material breach of this Agreement by rho other party. Any Stich termination may be effected Duly through a written notice to the other party, specifically identifying the breach or breaches an which termination is based. Following receipt of such notice, the party Orr breach shall have twenty-one (21) days to cure such breach or breaches, and this Agreement shall terminate in the event that such cure is not made by the end of such period; provided,. however, Bentley shall have the right to terminate this Agreement immediately If Subscriber breaches any of its obligations under Section 3 of this Exhibit B. The failure of Subscriber to pay an outstanding invoice of Bentley shall always constitute a material breach orthis Agreement. 7.03. Insolvency. If, under applicable insolvency laws, Subscriber becomes unable to pay its debts or becomes insolvent or bankrupt or makes arrangements with its creditors, or otherwise goes into liquidation, admudstratiou or receivership, then Bentley shall have the right to terminate this Agreement immediately by written notice. 7.04. Consequences of Termination. Upon the termination of this Agreement for any reason, all of the rights and licenses granted to Subscriber in this Agreement shall terminate immediately. Will, respect to any perpetually licensed Products, the terms and conditions set forth ill the license agreement delivered with such Products and the Definition of Use shall govern Subscriber's . use of such Products. Subscriber shall immediately discontinue use of SELECT Oldine. 7.05 Reinstatement Following Termination. Following a termination of the SELECT Program, Subscriber may reinstate such services only if Bentley consents to such reinstatement and Subscriber pays to Bentley, in advance, a SELECT reinstatement fee, in all amount to be determined in Bentley's sole discretion, such amoral not to exceed the amount of all fees that would have accrued and been payable, excluding discounts, for the period between the date of termination and the date of reinstatement. Pilau 9 of 12 25A -13 BENTLEY SELECT PR(JGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 8. Miscellaneous, International Sale of Goads, as amended, and of the Uniform Computer Information. 'Transactions Act, as it may have been or 8.01. Assignment Subscriber shall not assign this Agreement or delegate hereafter may be in effect in any jurisdiction, shall not apply to this its duties hereunder without prior written consent by Bentley. For Agreement, purposes of this Agreement, a change in control of Subscriber shalt, be 810 considered an assignment for which Bentley's prior written consent is Arbitration. In Ilse event of any dispute, controversy or claim hereby granted provided that the surviving entity from such change in between the panics arising under this Agreement, the parties shall control must cuter into a SELECT Agreement, This Agreement may submit to binding arbitration before a single at in Philadelphia, be assigned by Bentley to any successor in interest. to Bentley's Pennsylvania in accordance with the Commercial Arbitration Rules of business or to any direct or indirect wholly-owned subsidiary of the American Arbitration Association. The decision of the arbitrator Bentley Systems, incorporated. Any purported assignment In shall be final and binding on the parties, and the judgment upon the violation of this provision shall be void and without effect. award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each patty shall bear its own attorney's fees, 8.02. Entire Agreement, This Agreement, together with the Exhibits and costs, and expenses incurred in such arbitration. signed Amendments, if any; incorporate the entire agreement of the parties and supersede and merge all prior oral and written agreements, $.11. Independent Contractor. Bentley's relationship with Subscriber for discussions and understandings between the parties with respect to all purposes herermrler shall be that of sit independent contractor and . the subject matter hereof. The terns and conditions of this Agreement nothing herein shall be construed as creating, at any time, an and of the applicable Bentley confirmation shall apply to each order employer and employee relationship between the parties. accepted or shipped by Bentley hereunder. Any additional or different terns or conditions appearing on a purchase order issued by 8.12. Change of Ownership. Subscriber shall provide Bentley with sixty Subscriber hereunder, even if Bentley acknowledges such items and (60) days advance written notice of any changes in its ownership or conditions, shall not be binding on the parties unless both parties location, expressly agree in a separate writing as provided under Section 8,03 of this Exhibit B. 8.13. Headings, The Iieeferen Jr, this Agreement are intended solely for o convenience of reference and shall not effect fie meaning or 8.03. Amendments. Except as otherwise contemplated herein with respect interpretation of this Agreement. to updating, amending. and supplementing the exhibits, this Agreement may only be amended or modified by writing duly executed by authorized representatives of the patties, provided, however, that any additional or different terms or oonditiona appearing on a purchase order, even if required to be acknowledged by Bentley, shall not be binding on the parties. 8.04. Notices. Notices under this Agreement shall be made or given as of the date of other Band delivery or mailing to such patty, if .sent prepaid cerhfted mail or next day air delivery to the address set Forth on the first page of this Agreement. All trances under this Agreement shall be addroised, if to Bentley_, to its General Counsel, and if to Subscriber, to its authorized representative identified in this Agreement or in it subsequent notice to Bentley:. 8.05. Force Majeure.• Bentley shall not be liable for failure to fulfill the terms of Una Agreement due to fire, strike, war, government .regulations, acts OF God labor disturbances, acts of terrorism or other causes which are unavoidable and beyond its control, 8.06. Waiver. The failure of either party to insist upon any of its rights under this Agreement upon one or more occasions, or to exercise any of its rights, shall hot be deemed a waiver of such rights on any subsequent occasions. 8.07. Survival. The covenants contained in this Agreement which, by their terms, require or contemplate performance by the parties after the expiration or termination of the Agreement (including, but not limited to, Sections 5.0 1 (a), (b), (e) and (d) and 6.01 of Exhibit A, Sections 1, 2, 3, 4, 5, 6, 7.04, 7.05 and 8 of Exhibit B, and Sections 1.06, 1.03, I.(18, 1,09, 1.10, 1.11, 1,12, 1,14, 1.16 and 1.17 of Exhibit C) shall be enforceable notwithstanding said expiration or teimination. 8108. Severnbility. The provisions of this Agreement shall be severable and the invalidity or mmcnforeeability of soy one provision shall not affect ally other unless otherwise noted. 8.09. Governing Law, This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Commonwealth of Pennsylvania; without regard to conflicts of low provisions. To the maxinuan extent permitted by applicable 1nw, the patties agree that the provisions of the United Nations Convention on Contracts for the SE1002520- 1/0005 6/11 page 10 of 12 25A -14 BENTLEY SELECT PROGRAM AGREEMENT Professional Services Exhibit C Dated as of January 2010 Professional Services. Lot. Subscriber may request professional services from time to time and Bentley may agree to perform such services pursuant to this Agreement. The description of professional services requested by Subscriber and which Bentley agrees to perform shall beset forth in one or more written descriptions. labeled "SELECT Professional Services" and signed by Subscriber mid Bentley (each an "Order "), Bentley shall have the right to accept or decline any proposed Order. Each Order shall set forth, at a minimum, the work to be done, the number of Bentleys personnel to be assigned to Subscriber's work, the duration of each individual's assignment, and the fees for the work. The services and other provisions described on the Order(s) are referred to collectively as the "Work" while the results of the Work, if any, are referred to as the "Work Product" 1.02, Mothod of Performance. Bentley, in conjunction with its personnel, will determine the method, details, and means of performing the work to be carried out for Subscriber, including the use of sub - contractors if deemed. necessary. Subscriber shall have no right to, and shall not, control the manner or determine the method of accomplishing such work. Subscriber may, however, require Bentley's personnel to observe at all times the security and safety policies of Subscriber. In addition, Subscriber shall be entitled to exercise a broad general power of supervising and control over the results of work performed by Bentley to ensure satisfactory performance. This power of supervision shall include the right to inspect, stop work, make suggestions or recommendations as to the details of the work, and request modifications to the scope of an Order. 1.03. Scheduling, Bentley will try to :accommodate work schedule requests of Subscriber to the extent possible, Should any persormel of Bentley be unable to perform scheduled services because of illness, resignation, or other causes beyond Barley's reasonable control, Bentley will attempt to replace such personnel within a reasonable time, but Bentley shall not be liable for failure if it is unable to do so, giving due regard to its other commitments and priorities. 1.04. Reporting, Subscriber will advise Bentley of the individuals to wham Bentley's manager will report progress on day -to -day work. Subscriber and Bentley shall develop appropriate administrative procedures for performance of work at Subscriber's site, if necessary. Subscriber shall periodically prepare an evaluation of the work performed by Bentley for submission to Bentley upon Bentley's request. 1.05. Place of Work. Certain projects or tasks may require Bentley's personnel to perform work for Subscriber at Subscriber's premises. In the event that such projects or tasks are required to be performed at Subscriber's premises, Subscriber agrees to provide working space and facilities, and any other services and materials Bentley or its personnel gray reasonably request in order to perform their work. Subscriber recognizes that there may be a need to train Bentley's personnel in the unique procedures used tit Subscriber's location. When Subscriber 'determines that such training is necessary, Subscriber shall, unless otherwise agreed in writing, pay Bentley for its personnel's training time. t,06. Non - Exclusive. Bentley shall retain the right to perform work for others during the term of this Agreement. Subscriber shell retain the right to cause work or the sane or a different kind to be performed by its own persomod or other contractors .during the term of this Agreement. 1.07, Perpetual License. Upon full payment for the Work, Bentley shall grant Subscriber a paid-up, perpetual, Loyalty -fice right and license SEL002520. 1/0005 6/11 to use the Work Product for Production Use. Bentley retains all right, title and interest to the Work Product not otherwise granted to Subscriber. 1.0& Preexisting Works of Bentley, Notwithstanding Section 1.07 of Exhibit C hereof, Bentley hereby reserves and retains ownership of all works which Bentley created unrelated to the Work performed pursuant to any Order, including but not limited to Products (the "Pre - Existing Works "). Bentley does not grant Subscriber any rights or licenses with respect to the Pre - Existing Works. L09. Residuals. It is mutually acknowledged that, during the normal course of its dealings with Subscriber and the Work, Bentley and its personnel and agents may become acquainted with ideas, concepts, know -how, methods, techniques, processes, skills, and adaptations pertaining to the Work, including those that Subscriber considers to be proprietary or secret. Notwithstanding anything in this Agreement to the contrary, and regardless of any termination of this Agreement, Bentley shall be entitled to use, disclose, . and otherwise employ any ideas, concepts, know -how, methods, techniques, processes, and skills, adaptations, including generalized features of the sequence, structure, and organization of any works of authorship, in conducting its business (including providing services or creating programming or materials for other customers), and Subscriber shall not assert against Bentley or its personnel any prohibition or restraint from so doing. 1.10. Third -Party Interests. Subscriber's interest in and obligations with respect to any programming, materials, or data to be obtained from third -party vendors, regardless of whether obtained with the .assistance of Bentley, shall be determined in accordance with the agreements and policies of such vendors, I'll. Pees. Bentley shall be paid the fee as specified in each Order (which Bentley reserves the right to change upon at least sixty (60) days advance notice or at any time for any new Order or modified portion area existing Order), or, if no fee is specified, ai nentley's customary rates for the level of personnel providing such services. 1.12. Expenses. Subscriber shall also pay either the actual cost of Bentley's reasonable travel and living expenses or all agreed-to amount for such travel and living expenses (other than -normal commutation travel) for Bentley employees in the performance of Work set forth in each Order along with all other out -of- pocket expenses incurred by Bentley 1.13. Estimates. Estimates of total fees for projects may be provided in an Order, but Bentley does not gurrance such estimates. Bentley will, however, notify Subscriber as soon as possible if it wilt exceed the estimate, and Subscriber may then terminate the project and pay only for services actually rendered if Subscriber so chooses. 1.14. Confidentiality. In the peramnanee of the Work, Bentley may acquire information of Subscriber which is proprietary, non - public and identified in writing as confidential by Subscriber. Bentley shall not disclose to anyone not employed by Subscriber nor use except on behalf of Subscriber any such confidential information sequined in the performnce of the Work except as authorized by subscriber in writing and as may be permitted by Section 1.09 of this Exhibit C. Bentley shall have no obligation of confidentiality with respect to any ]information of Subscriber that (i) has entered the public domain other than through a breach of this Agreement, (ii) has been rightfully obtained by Bentley from a thin] party with no obligation of confidentiality, or (iii) is previously known by Bentley as demonstrated by clear and convincing evidence. Notwithstanding the foregoing restrictions, Bentley and its personnel may use and disclose any information to the extent required by all order of any court or other governmental authority Page 11 of 12 25A -15 BENTLF'Y SELECT PROGRAM AGREEMENT Professional Services Exhibit C Dated as of January 2010 or as necessary for it or them to protect their interest in this Agreement, but in each case only after Subscriber has been so notified and has had She opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure. 1.15. Term, 'this Exhibit C will become effective as of the date of the 'first executed Order and will continue in effect through the completion of each Order. 1,16. Termination of Orders. Subscriber or Bentley maytenninato any uncompleted Order at any time by giving thirty (30) days written notice to the other patty. Upon such termination, Bentley agrees to stop Work under the Order in question and to forward to Subscriber all completed or uncompleted drawings, reports of other documents relating to the Work. In the event of such termination Subscriber shill be liable only for such fees, costs and expenses as have accrued prior to the effective date of suelr termination 1.17. Prohibition on RhIng. Subscriber shall not solicit For employment or hire any Bentley employees providing professional scivices hereunder For the duration of the Work, plug a period of one (1) year -after completion ofthe professional services provided hereunder.. SE1002520 -1 /0005 6111 25A -16 Page 12 or 12 7�� BENTLEY SYSTEMS, INCORPORATED �,r�.N�r' * ATTACHMENT I SELECT PROGRAM AGREEMENT Bentley SELECT Agreement Number: Steps to a Properly Completed Attachment I: 1, Indicate the Tenn of the Agreement below. 2. Complete a Site Information form for each covered Site 3. Review the information regarding SELECTserver Online, 4. Insert Attachment I into the Bentley SELECT Program Agreement Agreement Term *: ❑ 12 Months ❑ 24 Months ❑ 36 Months 11 Other: *The Agreement Term is subject to Bentley's review and approval sE.002710- 1/0001 25A -17 Attachment T BENTLEY SELECT PROGRAM AGREEMENT SITE INFORMATION Please complete a copy of this form for each covered Site (as defined in Exhibit B, Section 1.32) Bentley's processes for the delivery of License, Invoice and other information are optimized for electronic delivery. For the most effective communication, please ensure that email addresses are provided for all contact persons. Bentley will establish Online SELECTservices User permissions for the Technical Administrator designated below. The Technical Administrator may grant all or some of those permissions to other users within the organization. All licensing fulfillment documents will be delivered to the Technical Administrator. All Notices delivered under the Agreement shall be delivered to the Account / Billing Contact identified below or in a subsequent notice to Bentley. Shipping Address: Company Site Technical Administrator Name E -mail Address Address /Street (no P.O. Box) City State and Zip Country Phone Billing Address (if different Company Site Account/ Billing Contact Name E-mail Address Address /Street (no P.O. Box) City State and Zip Country Phone SH1.002710 -I N001 25A -18 Bentley will add this site to SELECTserver Online (a hosted, managed solution) for the management of your Bentley Product licenses. Subscriber will install, activate and maintain a SELECTserver gateway Service (a "Gateway ") to manage pre -XM Bentley Products at this Site. The new (or existing) Gateway will be physically located at the Shipping Address listed on the Site Information Page found in Attachment 1. (Optional): To discuss other Licensing options, please check the box below and a Bentley Representative will contact the Technical Administrator identified in the "Shipping Address" section. O Please contact the site Technical Administrator regarding other licensing options. APPROVED AS TO FORM 1 M. � T -__.. F1mlt As<aiSlut City Auormy For more information on Bentley, please visit www.bentley.com or call 1 -800- BENTLEY Bentley SELECT' 51U.00271e4,00e1 ' 'l 25A -20 CW2023388 CITY OF SANTA ANA 4 AMENDMENT NO. 1 TO Ono SELECT PROGRAM AGREEMENT 3usrninlny Infrastructure Amendment No. 1 to Bentley SELECT Program Agreement (CLA No. 10362400) This Amendment No. 1 (the "Amendment ") is made this day by and between Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685 Stockton Drive, Exton, PA 19341 (`Bentley "), and City of Santa Ana, a California municipal corporation, with principal offices at 20 Civic Center Plaza, Santa Ana, California 92701 ( "Subscriber "). WHEREAS, Bentley and Subscriber are parties to that certain Bentley SELECT Program Agreement, with an execution date near to or even with the date hereof (the "Agreement "), and desire to amend the Agreement upon the terns and conditions stated in this Amendment; NOW THEREFORE, the parties, intending to be legally bound, hereby mutually agree as follows: 1. Continuity of Definitions. Unless defined in this Amendment, any capitalized tern herein has meaning stated in the Agreement. 2, Effective Date. Section 1.11 of Exhibit B to the Agreement is deleted in its entirety and replaced with the following: "1,1 L "Effective Date" means January 17, 2017;' 3. Payment Term. Section 2.01 of Exhibit B to the Agreement is amended by deleting the first sentence thereof and replacing it with the following: "Subscriber shall pay each Bentley invoice for all Passports, Product licenses and services provided hereunder within forty -five (45) days from the date of such invoice," 4. Proprietary information. Section 3.06(c) of Exhibit B to the Agreement is amended by adding after the last sentence thereof the following: "Notwithstanding the foregoing restrictions, Subscriber and its personnel may use and disclose any information to the extent required by the Freedom of Information Act, the California Public Records Act, an order of a court of competent jurisdiction, or as necessary to protect its interest in this Agreement." 5. Limited Warranty to Subscriber. Section 4.01 of Exhibit B to the Agreement is amended by inserting at line thirteen (13) thereof, between the first and second sentences thereof, the following: "Bentley also warrants for the benefit of Subscriber only (i) that Bentley has the right to license Products to Subscriber under the terms and conditions stated in the applicable license agreements, and (ii) that Products licensed to Subscriber do not infringe any third - party's copyright, provided Subscriber uses the Products in accordance with Tire applicable license agreements and Document City of Santa Ana Page I oF.3 u Amendment No. 1 The 8 formation corataireed in this Anfendrnetrt is pnprietttrjj ofBentley Systems, bzcorporated and tr not to be disclosed to any duct party without Bentley's express prior written consent Exhibit 2 25 A -21 CW2023388 CITY OF SANTA ANA AMENDMENT No. I TO SELECT PROORAm AGREEWNT %Benfteg Ismairans lnrmtroduo Sets. Subscriber's sole and exclusive remedy for any breach of the limited warranties stated in the immediately preceding sentence is stated in Section 4.07 of Exhibit B to the Agreement, hearing the heading "Indemnification by Bentley "." 6. Term. Section 7.01 of Exhibit B of the Agreement is deleted in its entirety and replaced with the following: "7,01 Term. This Agreement and Subscriber's SELECT Program subscription shall become effective on January 17, 2017, and shall continue for an initial term of twelve months (the "Initial Term"). Upon expiration of the Initial Term, Subscriber shall have the option, exercisable by the City Manager for the City of Santa Ana, to renew the Agreement and Subscriber's SELECT Program subscription for up to four (4) additional one -year periods. Subscriber shall exercise its option by providing to Bentley written notice of Subscriber's intent to review no less than thirty (30) days prior to expiration of the Initial Term or then- current renewal tern. Upon receipt of such notice, Bentley may in its sole discretion without penalty agree or refuse to renew." 7. Force Majeure. Section 8.05 of Exhibit B to the Agreement is deleted in its entirety and replaced with the following: "8.05 Force Majeure. Neither parry shall be liable for failure to fulfill the terms of this Agreement due to causes which are unavoidable and beyond its control, including without limitation war; strike, labor disturbances, fire, flood, acts of terrorism, and acts of God." 8. Governing Law. Section 8.09 of Exhibit B to the Agreement is amended by deleting the phrase "Commonwealth of Pennsylvania" and replacing it with the phrase "State of California 9. Dispute Resolution. Section 8.10 of Exhibit B to the Agreement is deleted in its entirety and replaced with the following: "8.10 Forum. Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of this Agreement shall be subjected to the exclusive jurisdiction of the federal court located in Orange County, California." 10. Payment of Previously Rendered Services. On separate approval by the City, payment will be made on all proper invoices evidencing services rendered upon expiration of Agreement No. A- 2013 -185 through the Effective Date of the Agreement. 11. Confidentiality. This Amendment and all terms and conditions set forth herein are Bentley Proprietary Information, as set forth in Exhibit B ,Section 3.06 of the SELECT Agreement, and shall be held in strict confidence. 12. Legal Effect. The modifications set forth in this Amendment are effective as of the ,Effective bate set forth herein this Amendment. Except as expressly amended or modified by the terms of this City of Santa. Ana Amendment No. 1 Page 2 of 3 The information contained in thisAnrendment is proprietary ofBentley Systems, Incorporated and is not to be disclosed to arty third party without Bentley's express prior written consent. 25A -22 CW2023388 CITY of SANTA ANA AMENDMENTNo. 1 To SELECT PROGRAM AGREEMENT j SUS10111 0y drastru.1.0 Amendment, all other teens of the Agreement shall remain unchanged and in full force and effect. In the event of conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. 13. Headings. The headings used in this Amendment are for convenience of reference only shall not be used to define the meaning of any provision. IN WITNESS WHEREOF, the parties represent and warrant that this Amendment is executed by duly authorized representatives of each party as set forth below. BENTLEY SYSTEMS, INCORPORATED Name: Date: CITY OF SANTA ANA 0 ATTEST: APPROVED AS TO FORM BY: *fin Funk, Assistant City Attorney RECOMMENDED FOR APPROVAL BY: Fred Mousavipour, Executive Director Public Works Agency City of Santa Ana Page 3 of 3 AmendmentNo, I The information contained in this Amendment is proprietary ofBwaley Systems, Incorporated and is not to be disclosed to any third party nwithoutBentley's erpress prior written consent. 25A -23 25A -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH THE CITY OF TUSTIN AND THE CITY OF NEWPORT BEACH TO PROVIDE BOOKING SERVICES FOR CITABLE OFFENDERS (STRATEGIC PLAN NO. 1, 4A) =ITY MANAGER 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 1. Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with the City of Tustin to provide jail services for the period of January 11, 2017 through January 10, 2020, in the amount of $146 per prisoner, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with the City of Newport Beach to provide jail services for the period of January 17, 2017 through January 16, 2020, in the amount of $146 per prisoner, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Since January 2014, the Santa Ana Police Department has provided jail services to the City of Tustin to process, cite and release arrestees charged with being intoxicated or under the influence of drugs who were not accepted bookings by the County jail. The Jail will be providing jail services to book arrestees charged with California Penal Code 647(f) under the influence of alcohol, drugs or other controlled substance for a booking fee of $146.00 per arrestee. These arrestees are typically released the within 6 -8 hours, or the next day when they are no longer intoxicated and are able to care for themselves. This agreement is projected to generate approximately $13,000 per year for the City. The City of Newport Beach is requesting to enter into a similar agreement with the Department. This agreement is projected to generate approximately $5,000 per year for the City. These agreements are in line with the City's strategic plan objective to seek opportunities to improve the Santa Ana Jail's business model by seeking additional revenue sources. Over the three -year agreement term, these agreements will generate an estimated $54,000 to help support Jail operations. 2513-1 Agreements for Jail Services January 17, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #4 - Modify the Santa Ana jail business model and identify short- and long -term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency. FISCAL IMPACT Funds for this agreement will be deposited in the Police Department Jail Facility Rental revenue account (no. 01114002 57460) for the following fiscal years: FY 2016 -17 $9,000 FY 2017 -18 $18,000 FY 2018 -19 $18,000 FY 2019 -20 $9,000 Total $54,000 - Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency Exhibits: 1. Agreement with the City of Tustin 2. Agreement with the City of Newport Beach 25B -2 AGREEMENT FOR THE DETENTION IN THE SANTA ANA CITY JAIL OF PERSONS TAI {EN INTO CUSTODY BY THE TUSTIN POLICE DEPARTMENT THIS AGREEMENT made and entered into January 11, 2017 by and between the City of Tustin, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "Agency "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. Agency desires to use the facilities and personnel of the Santa Ana City Jail (hereinafter collectively "Detention Facility ") to house detainees held in custody by the Tustin Police Department for violation of California Penal Code §647(f), being under the influence of alcohol, drags or other controlled substance (hereinafter " §647(o detainees "). B. City has availability in its Detention Facility to house detainees of Agency. C. The parties agree to utilize the Detention Facility under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tennis and conditions hereinafter set forth, the parties agree as f611ows: 1. TERM a. The term of this Agreement commences upon execution of this Agreement and continues for three (3) years until January 10, 2020. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 2. SCOPE OF SERVICES City agrees to provide the housekeeping, safekeeping and subsistence of §647(f) detainees of Agency in accordance with this Agreement. 3. COMPENSATION a. Agency agrees to pay, and the City agrees to accept as total payment for housing Agency detainees, the Daily Jail Rate of One Hundred Forty -Six Dollars ($146.00) per prisoner day. Agency agrees to reimburse the City, separate from the Daily Jail Rate, for emergency medical costs, routine and non - routine, as set forth in Section 4, below. Exhibit ',1, 25B -3 b, Payment by Agency shall be made within thirty (30) days following receipt of proper invoice from City, 4, SUPPORT AND MEDICAL SERVICES a. City agrees to accept and provide for the secure custody, care and safekeeping of Agency's detainees in accordance with state and local laws, standards, policies, procedures and court orders applicable to the operation of City's facilities, City agrees to provide Agency's detainees with the same level of on -site medical care and services provided to City's prisoners. Agency shall reimburse City for expenses incurred by City in providing transportation and security for detainees requiring removal from the Detention Facility for emergency medical or mental health services. b. Original invoices for all costs associated with hospital or health care services provided to Agency's detainees outside City's Detention Facility shall be submitted to Agency for direct payment by Agency to the service provider. City shall notify Agency as soon as possible of all emergency medical or mental health cases requiring removal of detainee from City's Detention Facility and to obtain prior authorization for removal for all other medical or mental health services required. c. City shall provide routine over - the - counter pharmaceutical and routine prescription care for Agency detainees. Long -term medication for chronic care, including HIV and psychotropic medications shall be the responsibility of the Agency. d. Persons injured or ill prior to arrival at the City's Detention Facility must have a medical clearance issued by a doctor or hospital of Agency's choice. If the detainee requires further medical or mental health treatment due to such injury or illness, Agency shall be responsible for all required transportation and treatment. e. Agency shall be responsible for all testing of blood, breath or urine. 5. INSURANCE Each party represents that it is self-insured for up to at least one (1) million dollars for general liability (including property damage and bodily injury) as well as worker's compensation claims. Each party agrees to provide the other with a letter setting forth their respective self-insured retention and any additional excess insurance coverage prior to the start of services under this Agreement if requested by the other party, 6. INDEMNIFICATION AND HOLD HARMLESS Agency agrees to and shall indemnify and hold harmless the City, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct 25B -4 operations of the Agency or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. City agrees to and shall indemnify and hold harmless the Agency, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the City or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. 7. NOTICE Any communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: And Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 245 -8007 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 Agency: Tustin Police Department 300 Centennial Way Tustin, California 92780 Attn: Chief of Police 25B -5 M David Kendig, City Attorney Woodruff, Spradlin & Smart, APC 555 Anton Blvd. Suite 1200 Costa Mesa, CA 92626 Facsimile: (714) 415 -1183 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Agency, 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 the Agency. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens and conditions hereof, shall not bind or obligate Agency nor the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herai n. 9. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. r CITY OF SANTA ANA DAVID CAVAZOS City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: YeJ�w : o1l�i'.( City Attorney B . Tamar W Assistant City Attorney RECOMMENDED FOR APPROVAL,: CARLOSROJAS Chief of Police 25B -7 CITY OF TUSTIN JEFFREY C. PARKER City Manager ATTEST: ERICA N. RABE City Cleric APPROVED AS TO FORM: DAVID E. KENDIG City Attorney By: (Name) (Title) INITIATED AND APPROVED: CHARLES F. SOLANO, JR. Chief of Police r -oo AGREEMENT FOR THE DETENTION IN THE SANTA ANA CITY JAIL OF PERSONS TAKEN INTO CUSTODY BY THE CITY OF NEWPORT BEACH POLICE DEPARTMENT THIS AGREEMENT made and entered into January 17, 2017 by and between the City of Newport Beach, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, (hereinafter "Agency "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the.State of California (hereinafter "City "). RECITALS A. Agency desires to use the facilities and personnel of the Santa Ana. City Jail (hereinafter collectively "Detention Facility ") to house detainees held in custody by the City of Newport Beach Police Department for violation of California Penal Code §6470, being under the influence of alcohol, drugs or other controlled substance; or charged with a Felony or Misdemeanor per California Penal Code §853.6 (hereinafter "detainees "). B. City has availability in its Detention Facility to house detainees of Agency. C. The parties agree to utilize the Detention Facility under the terms and conditions set forth herein. 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. TERM The term of this Agreement commences upon execution of this Agreement and continues for three years until January 16, 2020. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 2. SCOPE OF SERVICES City agrees to provide the housekeeping, safekeeping and subsistence of detainees of Agency in accordance with this Agreement. 3. COMPENSATION a. Agency agrees to pay, and the City agrees to accept as total payment for housing Agency detainees, the Daily Jail Rate of One Iluodred Forty -Six Dollars ($146.00) per prisoner per day, Agency agrees to reimburse the City, separate from the Daily Jail Rate, for emergency medical costs, routine and non - routine, as set forth in Section 4, below. Exhibit Z 25B -9 b. Payment by Agency shall be made within thirty (30) days following receipt of proper invoice from City. 4. SUPPORT AND MEDICAL SERVICES a. City agrees to accept and provide for the secure custody, care slid safekeeping of Agency's detainees in accordance with state and local laws, standards, policies, procedures and court orders applicable to the operation of City's facilities. City agrees to provide Agency's detainees with the same level of on -site medical care and services provided to City's prisoners. Agency shall reimburse City for expenses incurred by City in providing transportation and security for detainees requiring removal from the Detention. Facility for emergency medical or mental health services. b. Original invoices for all costs associated with hospital or health care services provided to Agency's detainees outside City's Detention Facility shall be submitted to Agency for direct payment by Agency to the service provider. City shall notify Agency as soon as possible of all emergency medical or mental health cases requiring removal of detainee from City's Detention Facility and to obtain prior authorization for removal for al ,l other medical or mental health services required. c. City shall provide routine over- the - counter pharmaceutical and routine prescription care for Agency detainees. Long -term medication for chronic care, including HIV and psychotropic medications shall be the responsibility of the Agency. d. Persons injured or ill prior to arrival at the City's .Detention Facility must have a medical clearance issued by a doctor or hospital of Agency's choice. If the detainee requires fiirther medical or mental health treatment due to such injury or illness, Agency shall be responsible for all required transportation and treatment. e. Agency shall be responsible for all testing of blood, breath or urine. 5. INSURANCE Each party represents that it is self - insured for up to at least one (1) million dollars for general liability (including property damage and bodily injury) as well as worker's compensation claims. Each party agrees to provide the other with a letter setting forth their respective self - insured retention and any additional excess insurance coverage prior to the start of services wider this Agreement if requested by the other Patty. 6. INDEMNIFICATION AND HOLD HARMLESS Agency agrees to and shall indemnify and hold harmless the City, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct 2 25B -10 operations of the Agency or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. City agrees to and shall indemnify and hold harmless the Agency, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the City or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. 7. NOTICE Any communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa, Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 245 -8007 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 Agency: City Cleric City of Newport Beach 100 Civic Center Drive 92660 Newport Beach, CA Facsindl,e (949) 644 -3039 And: 25B -11 Chief of Police City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA Facsimile (949) 6443695 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by facsimile, commnmicationn 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 proposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Agency, 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 the Agency. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Agency nor the City. Each party to this Agreement aclanowledges 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. 9. 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. 10, ATTORNE'Y'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 25B -12 11. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agrecrnent shall continue in full force and effect. 12. COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID CAVAZOS City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City orney By Tamara o osian Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police 25B -13 CITY OF NEWPORT BEACH DAVID KIFF City Manager ATTEST: LEILANI 1. BROWN City Clerk APPROVED AS TO FORM: AARON C. HARP City Attorney AARON C. HARP City Attorney INITIATED AND APPROVED: ,TON T. LEWIS Chief of Police 25B -14 • 11LIM ` . CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: RENEW AGREEMENT FOR VOLUME LICENSING AND MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS THROUGH SOFTWAREONE, INC. {STRATEGIC PLAN NO. 7, 2D) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _ •:• _ rig ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached option to renew large account reseller agreement with SoftwareONE, Inc. in an annual amount not to exceed $500,000 for an additional three -year period, beginning February 1, 2017 through January 31, 2020 for the purchase of Microsoft products and services subject to non - substantive changes and approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute the attached Microsoft Enterprise Enrollment Agreement for volume licensing and maintenance. Discussion On December 2, 2013, the City Council approved a three -year agreement with CompuCom Systems, Inc. (Acquired by SoftwareONE) with the option of a three -year renewal. The City licenses a great many products from Microsoft Corporation, which is the largest manufacture of software used by the City. As the City use of computer technology evolves and Microsoft's business model for licensing its products changes, the challenge of ensuring the City complies with current software licensing requirements on all computer devices [PC, laptops, tables, smartphones, etc.] is complex. The risk from the liability of using unlicensed Microsoft products could be monetarily very large. Purchasing a Microsoft enterprise volume license for the entire organization is a cost effective means for managing Microsoft software as a resource. In addition, the enterprise volume license allows the City to obtain software assurance upgrades on many of the purchased products. The City of Santa Ana has used the County of Riverside's Microsoft Enterprise Agreement (MEA) since 2008. This request is for a renewal of the City's MEA. The County of Riverside's master agreement with Microsoft is based on participation of any county, city, and special district in the state. The very large volume of Microsoft products used by these statewide agencies has allowed the County of Riverside to obtain deep discounts for these products which in turn are passed on to agencies participating under this master agreement with Microsoft. 25C -1 Renew Agreement for Microsoft Volume Licensing January 17, 2017 Page 2 Specifically this is a request for the City to participate in the volume licensing and support services agreements for Microsoft Product Licensing and Maintenance as described in the Riverside County Microsoft Enterprise Agreement (MEA), effective November 1, 2016. The City's participation under this agreement will ensure the City the lowest pricing for Microsoft licensing and support services. Acting as Microsoft's reseller for the agreement will be SoftwareONE. The County of Riverside conducted a competitive process among six firms qualified to serve as the "Large Account Reseller" under the County of Riverside / Microsoft agreement. In summary, staff requests Council approval of a three -year enterprise volume licensing agreement and a three -year Select program agreement with Microsoft Licensing, GP, using the terms and conditions set forth by the County of Riverside, California using SoftwareONE as the Large Account Reseller. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #2 (establish communications plans to engage and inform employees and the community about City Activities), Strategy D (invest in software /resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds are budgeted and are available in the Information Technology Fund (account no. 10920147 - 62306). Fiscal Year Amount 2016 -17 $385,000 2017 -18 $500,000 2018 -19 $500,000 2019 -20 $115,000 APPROVED AS TO FUNDS AND ACCOUNTS: Jack iulla Francisco Gutierrez Chi Technology and Innovations Officer Executive Director Information Technology Department Finance & Management Services Agency Exhibits: A. County of Riverside Executed Master Service Agreement B. Microsoft Enterprise Enrollment Agreement 25C -2 OPTION TO RENEW LARGE ACCOUNT RESELLER AGREEMENT FOR THE PURCHASE OF MICROSOFT PRODUCTS THIS OPTION TO RENEW the above - referenced agreement is entered into on January 17, 2017 by and between SoftwareONE, Inc. ( "SoftwarcONE ") 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 December 3, 2013, the City entered into Agreement #A- 2013 -186 with CompuCom Systems, Inc, ( "Agreement "), through which the City elected to purchase various Microsoft licenses and services in volume from CompuCom, a "Large Account Reseller " of Microsoft products. B. The specific terms and conditions of the Microsoft products are governed by Microsoft Enterprise Agreement No, 01 E73970 for State and Local Governments, as amended, presently in effect between Microsoft and the County of Riverside, incorporated by the Agreement for application to the City, and attached as Exhibit A, C. In 2015, SoftwareONE acquired CompuCorn's Microsoft licensing business and succeeded to its operations as a Large Account Reseller of Microsoft products. D. The Term of the Agreement itself was for three years from the City's acceptance of the Microsoft: Enterprise Agreement specified in Recital B, meaning that the City's Microsoft licensing period for its Microsoft products began on February 1, 2014 and remains in effect until January 31, 2017, pursuant to Microsoft Enterprise Enrollment No. 7959281. E. The Agreement provides for an option to renew for an additional three -year period, exercisable by the City Council, acid the City now wishes to exercise that option for a three -year term beginning on February 1, 2017 and ending on January 31, 2020, in order to renew its Microsoft licenses through. SoftwareONE for the same period under the same terms and conditions. F. In furtherance of renewal, and following approval of this option to renew, the City shall execute a new Microsoft Enterprise Enrollment. The Parties therefore agree: 1. Section 2 of the Agreement, Compensation, is amended to include an additional amount not to exceed $500,000 annually for the additional three -year period ending on January 31, 2020. 2. Section 3 of the Agreement, Term, is amended to provide that the Agreement expires on January 31, 2020. 3, All references in the Agreement to "Compucorn Systems, Inc." 01• "CompuCom" are adjusted to "SoftwarcONE". 4. Section 6 of the Agreement, Notice, is amended in part to read: "To SoftwareOne: 20875 Crossroads Circle, Suite 1, Waukesha, WI 53186- 4093 ". 25C -3 S. Following approval of this Option to Renew, the City shall execute Microsoft Enterprise Enrollment No. 67631100 in the form appearing as Exhibit B. 6. Except as modified by this Option to Renew, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Option to Renew 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: C%w /P1V JO!r. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL Jack Ciulla Chief Technology Innovations Officer 25C -4 CITY OF SANTA ANA DAVID CAVAZOS City Manager SOFTWAREONE Name, Title: 1 i. to 25C -5 Microsoft Licensing, GP Document Summary Form *This is for informational purposes only' I (MSL 3- 0000009076682 MSLI Tracking Number) Subsidiary: Country: y. Do not modify the formatting or spacing of this Form above this text United States Account Manager Name /Alias: SLG 2015 (MBLI Scanning Code) ACCOUNT: County of Riverside Outsourcer Name: Business Agreement Number: Master Agreement Number: OIE73970 Agreement Number: Purchase Order Number: Comments: 15, Last Saved by Quinn Greenly 6118/2016 3;48:01 PM 10/12/2005 Revision 3.9 25C -6 `'' Micro),oit Velum® licensing Enterprise Agreement State and Local Not for Use eMh Microsoft .Bushlesa Agreement or Wrosoh Business and Sor*ac S Agreement This Microsoft Enterprise Agreement (` Agreement") is entered into between the entities identified on the signature form. Effective date. The effective date of this Agreement is the earliest effective date of any Enrollment entered.inlo tmdorthis Agreement or the date Microsoft accepts this Agreement, whichever is earlier:.Any reference in this Agreement or an Enrollment to a "day" means a calendar day, except•references that. specify "business day". This Agreement consists of (1) these Agreement aerrns and conditions, including any amendments and the signature form and all attachments identified therein, (2) the Product Terms applicable to Products licensed under this Agreement, (3)'the Online Services Terms, (4) any Affiliate l nrolhnent entered Into under this.Agreament, and (6) any order submitted under this Agreement: Please note. Documents reforenced'in this Agreement but not attached to the signature form may be found at jttD:lfwwwmlcrgsoft.com /licensinci/contracts and are incorporated in this Agreement by reference, including the Product Terris and Use (Tights. These documents may contaln addltiaital terms and conditions for Products licensed under this Agreement antl may be ohanged from time to time. Qust thler.should review such documents. carefully, Both at the tuna of stgninj and periodically thereafter, and fully understand all terns and c9nditlohs applicable to Products licensed. Terms and Conditions 1. Definitions. "Affiliate" means a. with regard to Customer, (1) any governmenl agency, department, office, instrumentality, division, unit or other entity of the state or local government that is supervised by or is part of Customer, or which supervises Customer or of which Customer is a part, or which 9s under common supetvislon with Customer; (11) any County, borough, commonwealth., city, mt)nlgipallly, town; township, special purpose district, or olkor similar type of governmental instrarnenlalily established by the laws.of Customer's state and located within Customer's state Jurisdiction and geographic boundaries; and (iii) any other entity in Customer's state expressly authorized by the laws of Customers state to purchase under state contracts; provided that a state and Its Affiliates shall Trot, for purpposes of this definition, be considered to be Affiliates of the federal government and its Affiliates; and b, with regard to Microsoft, any legal entity that Microsoft owns, that owns Microsoft, or that is under common ownership with Microsoft; "Customer means the legal entity that has entered. Into this Agreement with Microsoft; "Customer Date" means all data, including all text, sound, software, image, or video files 'that are provided to Microsoft by, or on behalf of, an Enrolled Affiliate and Its Affiliates through use. of Cnihns Services. "Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates that has entered Into an Enrollment under this Agreement; EA2015Agr(US)8LG(ENG)(Aug2b 15) 25C -7 Page 1 of 11 D000111@nfX4-12056 "Enrollment" means the document that an Enrollee! Affiliate submits under this Agreement to place its initial order; "Enterprise" means an Enrolled Affiliate and the Affiliates for which it is responsible and chooses on its Enrollment, to includs In its enterprise; "Fixes" means Product fixes, modifioalions or orthancemtints,, or their derivatives, that Microsoft either releases generally (such as Product service packs) or provides to Customer to address a specific issue, "License" means the right to download; install, access and use a Product. For certain Products, a license may be available on a fixed term or subscription basis ( "Subscription License "), Licenses for On)Ine Ssrvicos will be considered Subscription Licenses; "Microsoft" means the Mlcrosoft Affiliate that has entered into this Agreement or'ari Frtroilmea slid its Affiliates, as appropriate; "Online Services" means the M€erosofl- hosted services identified as Online Services In the Product Terms. "Online Services. Terms" means the additional terms that apply to Customer's use of Online Services publishes{ on the Volume Licensing Site and updated from time to time. "Product" means all products identified in the Product T,erms,,such as all Software, Online Services and other web -based services, Including pre - release or bole Versions. "Product Terms" rneans the document that provides Information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document (s published on Ilia Volume, Licensing Site and is updated from time to time. "SLk means Service Level Agreement, which specifies the minimum service level for Online Services and fs published on Volume Licensing Site. "Software means licensed copies of Microsoft: software identified on the .Product Terms, software does not Include Online Services, but Software.may be part of an Online Service; "Software Assurance" is an offering by Microsoft that provides new version rights and other benefits for Products d's further described In the Product Terms. °Trade secret" means Information that i6 not generally known or readily asceriolae2te' to the public, has economic value as a result, and ties been subject to reasonable steps under the ciroumstances:to maintain its secrecy; °use" or "run" means to copy, install, arse, access, display, run or otherwise interact. "Use Rights" means ilia use rights or terms of service for each Product published on the Volume Licensing Site and updated front ' time to time. The Use Rights supersede the terms -of any end user license agreement that accompanies a Product, The Use Rights for Software are °published by Microsoft in the Product Terms, The Use Rights for O'nfine Services are published In Online Services Terms. "Volume Licensing Site" means hu Wwww.miorosoft,c ot7r /lk ensincl /c, 1 reel or a successor. site. 2, Now ffte Enterprise program works. a. General. The Enterprise program consists of the terms and conditions on which an Enrolled Affiliate may accluirs Product Licenses. Under the Enterprise program, Custdmer and its Affiliates moy order Licenses for Products by entering into Enrollment's. b. Enrollments. The Enterprise program gives Customer and/or its Affiliates tide ability to. enter into one or more Enrollments to order Products, Subscription Enrollments may be available for some of these Enrollments. Notwithstanding any other provision of this Agreement, only Enrolled Affiliates identified in an Enrollment, will be responsible for complying with the terms of .that Enrollment; Including the tennis of this Agreement Incorporated by reference in that Enrollment FA2016Agr(U8)SLG(ENG)(Aug201 &) 25C -8 PAle:2 of 11 Docupient X20r12956 c. Licenses, The types of Licenses available are (1) Licenses obtained under Software Assurance (L &SA), and (2) Subscription Licenses. These License types, 'as weli;as additional License Types, are further described in the Product List. 3. Licenses for Products. a. License Grant Microsoft. grants the Enterprise a non-exclusive, worldwide and.limited right to download, Install and use software Products, and to access and use the Online Services, each In the quantity ordered under an Enrollment, The rights granted are subject to the terms of this Agreement, the Use Rights and the Product Terms. Microsoft reserves all rights not expressly granted in this Agreement. b, Duration of Licenses, Subscription Licenses and most Software Assurance rights are temporary and expire when the applicable Enrollment is terminated or expires, unless the Enrolled Affiliate exercises a' buy -put 'option, which is avallable for some; ,Subsc,rhati,on Licenses. Except as otherwise noted in the applicable Enrollment or Use nights,,all other Licenses become perpetual only when all payments for that License have been mane and the initia) Enrollno.ot term list expired, c. Applicable Use Rights, O Products (other than Online Services), The Use Rights in effect on the affective- date of the Enrollment will apply to Enterprise's use of the version of each Product that is current at the time. For'futareyersions and new Products, the Use Rights In effaotwheh those versions and Products are first released Will apply. Changes Mlcrosoft,mokes to the Use Rights for a particular version will not apply unless ilia Enrolled Affiliate :ClPCospe to have those changes apply. The Use Rights. applicable to perpetual Licenses that were acquired tinder a previous agreement or Enrollment are determined by the Agreement or Enrollmont tinder which they were acquired. Renewal of Software Assurance does, not change which Use Rights apply to those Licenses. (11) Online Services. For Online Services, the Use Rights in effect on the subscription start date will apply for the subscription term as defined In the Product Terns, d, Downgrade rights. Enrolled Affiliate may use an earlier version of a Product other than Online Services than the version that is current on the effective date of the Enrollment. In that case, the Use Rights for the current version apply to the use of the earlier version. Rine earlier Product version Includos features that are not in ilia new version, then the Use Rights applicable. to the earlier version apply with respect to those features,. e, New Version Rights under Software Assurance, Enrolled Affiliate: mush order and m.alnlain oonlinuotts Software;Assuranbe coverage for each License: ordered. With Software Assurance coverage, Enterprise - 0tcmatieally has the right to Use a new version of a licensed Product as soon as It Is released; .even if Enrolled Affiliate chooses not to useahe lew version Immediately. (t) Except as otherwise permitted under an Enrollment, use of the flaw version will be subject to the new version's Use Rights, (ii) if the License for the earlier version of the Product is perpetual at the time the new version is released, the License for the now version will also be perpetual. Perpetual Licenses obtained through Software Assurance replace any perpetual Licenses for (he earlier version: f: License confirmation. This Agreement; the applicable Enrollgtept; Enrolled Affiliate's order confirmation, and any doeurnehtatlon evidencing "transfers of perpetual Licenses, together with proof of payment, will be Enrolled Affiliate's evidence of all Licenses obtained tinder an Enrollment. F,A2015Agr(US)8LG (EN G)(Aug20I 5) 25C -9 Page 3 of 11 Document X20,1205e g, Reorganizations, consolidations and pevatizafions. If the number of Licenses severed by an Enrollment changes by more than ten percent as a result of (1) a r ,organizatlon, consolidation or privatization of an entity or an operating division, (2) •a privatization of an Affiliate or an .operating division of Enrolled Affiliate or any of its Affiliates, or (3) a consolidation including s merger with a third patty that has sn existing agreement or Enrollment, Microsoft will work with Enrolled. Affiliate in good faith to determine how to accommodate Its changed'eircumstanoes in the context of this Agreement. 4, Making copies of Products and re- lrnacging rights.. a, General. Enrolled Affiliate may make as many copies of Products,. asA needs to distribute them within the Enterprise, Copies must be true and complete (including copyright �Ohd trademark notices) from master copies obtained from a Microsoft approved fulfil meiifQikirge; Enrolled Affiliate may use a third party to. make these copies, but Enrolled Affdtata ?agt S. will be responsible for any third party's actions. Enrolled .Al l ., agrees to make rsasatfabte efforts to notify its employees, agents, and any other Individuals who use the Products that the Products are licensed from Microsoft and sub)oct to the forms of this Agreement. b, Copies for traininglevaluaflon and back-up, For all Products other than Online Services, EnrollIact Affiliate may; (1) use up to 20 complimentary copies of any Acensed .Product In a dedicated training facility on Its premises for purposes of training on that particular Product, (2) Liao up to 10 complimentary copies of any Products for a.60 day evaluation period, and (3) use one complimentary copy of any licensed Product for back -up or.arehival purposes for each of its dlstinci :gepgrapnic locations, Trials for Online Services may be available if specified hr (lid Use Rights. c. Right to re.iprage. In certain cases, re- imagingg Is permitted using 1110 Produi;t media, if the Microsoft Product is licensed (1) from all original equipment mantfachtrer (OEM), (2) as a full packaged Product through a retell source, or (3) under another Microsoft program, then media provided under this Agreement may generally be used to create Images for use in place of copies provided through that separate. source. This right is conditfonal upon the following: (1) Separate Licenses must be acquired from the separatesourci for each Product that is re- imaged. (ii) 'fife ProcTal language, version, and components of;'tlie coples trade must be identical to the Product, langctags,'Werslort, and all components of the copies they, replace and the number of copies or in'stanoee of there= imaged Product permitted remains the same. (ill) Except for copies of an operating system and copies or Products licensed un'dererrottier Microsoft program, the Product type (e.g., Upgrade or full License) re4trnaged must be identical to the Product type licensed from the separate source. (Iv) Enrolled Affiliate must adhere to any Product- speciftc processes or requirements for re- imaging identified In the Product Terms, Re-imaged Products remain subject to the terms and use rights of the License acquired from the separate source. This subsection does not .create or extend any Microsoft warranty or support obligation. 5, Transt'r3ning and reassigning Licenses. a. .Licenso transfers, Enrolled Affiliate may transfer only fully- paid,parpeh.tal Licenses to: (t) an Affiliate or EA2016Agr(0S)SV3(ENG)(AUg2e16) Palle --0 6f 11 Document X20,1 2056 25C -10 fit) an unaffiliated third party in connection with (A) a privatization of an Affiliate or agency or of an operating division of Enrolled Affiliate or an Affiliate, (8) a reorganization, or (C) a consolidation. Upon such transfer, Enrolled Affiliate must uninsfall and discontinue using the licensed Product and render any copies unusable, b. Notification of License `transfer, Enrolled Affiliate must notify Microsoft of a License transfer by completing a license transfer form, which can be obtained from Iiltp.N www. in icrosoft .camllicensinalcontracts and sending the completed form to Ucr.o.soft before the License transfer, No License transfer will be valid unless Enrolled Affiliate provides to the ,transferee, and the transferee accepts In writing 'docourldnts suoid nt. fo enablethe transferee to ascertain the scope, purpose and lin ttaucns ref (tie rights graptecl by Microsoft tinder the Ilaensas being, transferred (tnciuding, without limitation, the applicable Use Rigs ts,.use and transfer restrictions, warranties: and limitations of liability, Any License transfer nottmade in compliance with, this section will.be void: c. Internal Assigmnent of Licenses and Software Assurance. Licenses and. Software Assurance must be assigned to a single user or device .within the Enterprise. Licenses and Software Assurance may be reassigned within the Enterprise as described in'tile Use Fights, 6, Term and termination. a. Term. The term ofthle A{treeuleint will : be, 36 full. calendar Months from the Effective dale unless terminated by dither party as described below. Each Enpollmeni will have the term provided in iha( Enrollment b. Termination without cause. Either party may terminate this Agreement, without cause, upon 60 clays written notice, In tine event of termination, new EitCollmorils will trot be accepted, but any existing Enrollment will continue for the term of ;subb Enrollment and will continue to be governed by this Agreement. c, Mid-term termination for nomapproprlation of Funds, Enrolled Affiliate may terminate this Agreement or an Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollment are not appropriated or allocated by the Enrolled Affiliate for such purpose. d. Termination for cause. Without, limifing any Other remedies it may have, either party may terminate an Enrollment if the other party Materially breaches Its obligations Under this Agreement, including any obligation to submit orders or pay invoices. Except Where. the breach Is by its nature notctuabie within 30 days, the terminating party must give the other party 30 days' notice of its intent to terminate and an opportunity to cure the breech, If Microsoft gives such notice to an Enrolled!Affilicl e, Mfcresoft.also will give Customer a copy of that notice and Customer agrees to help resolve the breach. If the breach affects other Enrollments and cannot be resolved between Microsoft and Enrolled Affiliate, together will) Customer's help, within a reasonable period oftima, Microsoft may terminate this Agreement and all Enrollments under it, If an Enrolled Affiliate ceases to be Customer's Affiliate, it must promptly notify Microsoft, and Microsoft may terminate the former Affiliate's Enrollment, If an Enrolled. Affiliate terminates its Enrolimentasa result. of a breach by Microsoft, or if Microsoft terminates an Enrollment because Enrofled.Afftltate ceases to be Customer's Afftttate, then Enrolled Affiliate will have the early_ termination rights described in the Enrollment, o. Early termination, If (1) air Enrolled Affiliate terminates Its Enrollmontt as -a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrollee! Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non-appropriation of funds, or (4) Microsoft terrnlnates on Enrollment for non - paymont due to non - appropriation of funds, than the Enrolled Affiliate will have the following options: EA2015ASqu8)- 8t.¢(Etao)(nutt2'nt5) 25C -11 pqa 8 O 11 Document.. X20.12056 (1) It may Immediately pay the total remaining amount duo, including all installments, in whfoh case, the Enrolled Affiliate will have perpetual rights for all Licenses it ties ordered; or (ip It may pay only amounts due as of the termination (late, in which case, the Enrolled Affiliate will have perpetual Licenses for 1) all copies of Products (including the latest version of Products ordered under SA coverage In the current term) for which payment has been made in full, and 2) the number of copies of Products It. has ordered (Including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounlstfus (paid and payable) ff:the early termfnaflon had not occurred, (ill) In the case of Early'i "erhjInatfoh under Subscription Enrollments, Enrolled Affiliate will have tiio.foilowing options: 1) For eligible products Enrolled Affiliate may obtaih perpetual Licenses as described in the section titled "Buy-out option," provided that Microsoft.recafves.the buy -out order for those Licenses within $0 days after Enrolled Affiliate provides notice of termination. 2) Where net exercising. buy -out option, in tile. event of breach by Microsoft, Microsoft Will Issue,F2osoller a credit for any amount paid in advance that would apply after the data Of termination. Nothing in this section shall affect perpetual License rights 4cquired either in a separate agreement or in a prior of the termnated Enrollment. f. Effect of termination or expiration. When an Emolument expires or is terminated, (i) Enrolled Affiliate must order Licenses for all copies of Products khan itm for IhIfth it ties not previously. s'ubmilted,an order. Any and all unpaid payments or any order of any hind, including sugsorlption services, remain due and payable. Except as provided in.'N e subsection titled "Early torrrdirstion." all unpaid payments for Licenses .immediately' become due and payable. (11) Enrolled Affiliates right to Software Assurance benefits. under this Agreement ends if It does not renew Software Assurance. g. Modification or ternilnatfon . f an Onfihe Service for regulatory reasons. Microsoftmay modify or terminate an Online Service where there is any current or future goyerrlment requirement or obligation lilac (1) subjects Microsoft to any regulation.or requirement not generally applicable to businesses operating there; (�) presents a hardship for Microsoft to continue operating the Online Service Without: modification; and /or (3) causes Microsoft to believe these terms or the Online Service may conflict with any such requirement or obligatian. h. Program updates. Microsoft may make changes to this program that will maf(e it necessary for customer and its Enrolled Affiliates to enter into new agreements and Enrollments at the time of an Enrollment renewal. 7, Use, ownership, rights, and restrictions. a. Products. Unless otherwise specified In a- supplemental agreement, use of any Product Is governed by the Use Rights specific fo each Product and version and by the, terms of the applicable supplemental agreement, b. Fixes. Each Fix Is licensed under the same termsr as the Product to which it apPlies. If a Fix Is not provided for a specific Product, any use torms Microsoft provides with the Fixrwill apply: FA2016Apr(US)SLG(6 NG)(Aug2p1 G) 25C -12 raped of 11 D'oetlwent X20 - 1.2056 c, Non- Microsoft software and technology; Enrolled Afiliate is solely responsible for any non - Microsoft software of technology that It installs or uses with the Piotltfcis or Fixes, d. Restrictions, Enrolled Affiliate must not (and must not attempt to) (1) reverse engineer; decompils, or disassemble any Product or Fix, (2) install or use non4lcrosofl software or technology in any way that would subject Microsoft's inteilecutal property or technology to obligations beyond those included in this agreement, or (3) work around any technical limitations in the Products or restrictions in Product documentation. Except as expressly permitted in this agreement, Customer must not (1) separate and run pads of a Product on more than one device, upgrade or downgrade pans of a Product at different limes, or transfer parts of a Product separately; or ('it) distribute, sublicense, rent, lease, lend, or use any Product or Fix to offer hosting services to a third party, o. No transfer of ownership; reservation of eights. Products and Fixes are 'protected by copyright and other Intellectual property rights laws and international ifeaties, Microsoft (1) does not transfer any ownership rights in any Products or Fixes end (2) reserves all rights not expressly granted lri this Agreement. 11. Confidentiality, "Confidential Infonhaijon" is non - public information that is designated "confideptiat' or that a reasonable person should understand is- confidarigat, including Customer Data, Confidential Information does not include information that (a) becomes publicly available - without a breach of this agreement, (b) the receiving party received tawfully'from another source without a confideritlatily obligation, (c) is Indepanctontly eleveloj)ed,,or (d) is a euimrnertl or suggestion volunteered about the other party's business, products or.serVlces. Each patty will take reasonable steps to protect the other's Confidential information and will use the other party's Confidential Information only for purposes of the parties' business relationshijc- Neither partywill disclose that Confidential Information to third parties, except to its employees, Affiliates, Gontfaotots; advisors and consultants ( "Representatives ") and then only on a need- to -knoW basis tinder nondisclosure obligations at least as protective as this agreement. Each party remains responsible forte use-,61' the Confidential information by its Representatives and, in the event of discovery of ony'unauthorized. use or disclosure, must promptly notify the other party. A party may disclose the other's Confidential Information if required by, law; but only after it notifies the other party (if legally permissible) to enable. the outer party to seek a protective order. Neither party Is required to restrict Work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of Information retained in Ropresentalhtos' unaided memories in the development or cloploynent of the pa..rties' respective products orservides does not create liability under this agreement or trade secret late, and each party agrees to limit what it discloses to the otheraccordingly. These obligations apply (i) for CustomerOata until it Is deleted from-the Online Services, and (it) for all other Confidential Information, for a period of five years after the Confidential Information is received. 9, Privacy and Complia..ft.c. e and Laws, a; Enrolled Affiliate consents to the processing of personal informationby.Midrosoft and Its agents to facilitate the subject matter of this Agreement. Enrolled Aft lisle will obtain all required consents from jhird parties under applicable privacy and data: protection law before providing personal information to Microsoft. b, Personal information collected urider this agreement (1) may be transferred, stored and processed in`tile United States or any other country in which Microsoft or Its contraGiQrS maintain Willies and (11) Will be subject to the privacy terms specified in the Use Rights, Microsoft abides by the EU Safe Harbor and the Swiss Safe Harbor frameworks as set fo th EA2016Ar(US)SLG(EN G)(Aug 2015) 25C -13 Pa0o -% of 11 DoamiantX20.120W by the U.S. Department of Commerce regarding the collection, rise, and retention of data from the European Union, the European Economic Area, and Switzerland, e, U.S, export jgYisdigtlgn. Products and Fixes are subieot to U.S. export jtaisdiclipn. Emoile(i Affiliate must comply with all applicable international and national laws, inciudfng -the U.S; Export Administration Regulations and International Traffic in Anne Regulations, and end -user, end use and destination restrictions Issued by U,S. and other governments related to Microsoft products, services and technologies.. 10. Warranties. A. l.inhitedwarranties and remedies, (I) Software. Microsoft warrants that each version of the Software Will perform ;substantially as described In the applicable Product documentation for one year frohi ilioAate a1Ye Enterprise is first licensed for that version, If it does not and th'e Cnierprlse, no(ifles Microsoft within the warranty term, then Microsoft will, at its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or repiaoedhe Software. (11) Online Services. Microsoft warrants that "oil Online SeiVico Will perform in accordance with the applicable SLA during the Enlorprlae'a use. The Enterprise's remedies for breach of this warranty are In the SLA. The remedies above are the Enterprise's sole. remedies for breaoh of the warranties in tills section. Customer waives any breach of warranty claims not made during fhe warranty period. b, Exclusions. The warranties in [his agreement do not cover problems caused by acclaent, abuse, or use In a manner 'Inconsistent with this Agreement, Including fallute to meet minimum system faijuirom'ants. These warranties do not apply to free, trial, .pre- release„ or bola Producs, or to components of. Products that En011ejd Affiliate is parrrlffted to redistribute. c, DISCLAIMER. Microsoft provides no other warrantles or -Conditions and disclaims. any other express, implied, or statutory warranties, including warranties of quality, title, non - infringement, morchantabllity, and fitness for particular purpose, 99. Defense of third party claims. A, By Mloroegf(, .Microsoft will .defend Enrolled Affiliate- against Any olalfns rpa'de by:aln unaffiliated third patsy ('t) that any Peoduot or Fix infringes Its patent;. copyright, or hadomork or makes unlawful use of its Trade Secret; or (2) that arisas:from Mfarosoft's provision of an Online Service in violation of laws applicable to all online sarvlcas providers. Microsoft will pay the Amount of any resulting adverse final judgment or approved settlement, This does not apply to claims based on (1) Customer Data; (ii) non- Miorosof'software; (Ili) modifications to a Product or Fix Enrolled Affiliate makes or any specifications or materials Enrolled Affiliate provides; (Iv) Enrolled Affiliate's combination of the Product or Fix with (or damages based on the value of) a non-Microsoft product, data, or business process; (v) EnrolledAffilialOS use of a Microsoft trademark without express, written consent, or the use or redistribution of a Product or Fix In violation of this Agreement; (vi) Enrolled Affiliate's continued (Ise of a Product or Fix after tieing notified to stop dire to a third party claim; or (vii) Products or Fixes provided free ofchargo, b. By Enrojlod Affiliato. Enrolled Affiliata will defend Microsoft agalnstahy claims made by an unafflliaia(i third party that: (1) any Customer Data or non-Microsoft software Microsoft hosts on Enrolled Affiliate's behalf infringes the third party's patent, copyright, or trademark or makes unlawful use of Its Trade Secret; or FA2015Agr(US)SLG(ENG)(Aug20r5) 25C -14 Page aof 11 Document X20,1'..666 (11) arises from use of an Online Service in violation of applicable laws and regulations; a violation of the legal rights cif others' or unauthorized access. to or disruption of :ally service, data, account, or network in connection with the use of the Online Services: Enrolled Affiliate will pay the amount of any adverse (trial Judgment or approved 'settlement resulting from a claim covered by this section tilled "By Enrolled Affiliate!' c. Rights and remedies in case of possible Infringement or misappropriation. If Microsoft reasonably believes that a claim under this section may result in a legal bar prohibiting Enrolled Affiliate's use of the Product or Fix, Microsoft will seek to obtain the right for Enroltad Affiliate to keep using it or modify or replace it with a functional edtiivalent, in which case Enrolled) Affiliate must discontinue use of the prior version. tmmedia0y. If these options are net cotnmeirolally reasonable, Microsoft may terminate Enrolled Affilat'e's right to the Product or Fix and refund any amounts Enrolled Affiliate ties paid for those.righfs to Software or Fixes and, for Online Servicoe; any amount.paid for a usage period after the termination date. d: Other tarrns: The party being defended under this section 11 must notify tile other party promptly of any claim subject to the subsection fitted "By Microsoft," give the other party sole control over the defense or settlement, and provide reasonable asslstance in defending the claim. The party providing the protection will reimburse the other party for reasonable out of pocket expenses that It incurs in providing assistance. Any settlement must be approved in writing by the defending party. The remedies provided in this section 11 are the exclusive remedies for the claims described in tills' section. 11 Limirtation ofHability, For each Product, each party's maximum, aggregate liability to the other under this Agreement is limited to direct damages finallyawarded in an amount not to exceed the amounts Enrolled Affiliate was required to pay for the applicable Products during like tune of this Agreement, subject to the following: a. Online Services. For Online Services, Microsoft's maximum, liability to Enrolled Afffllate for any incident giving rise to a claim will not exceed the amount Enrolled Affiliate paid for the Online Service during the 12 months before the Incident. b. Froo Products and Distributable Code, For Products provided free of charge and code that Enrolled Affiliate is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to d rect damages finally awarded up to US$5,000, c, Exclusions. In no event will either party he tlabte for Indirect, incidental, special, punitive_, or consequential damages, including loss of use, loss of profits, or interruption of business, however caused or on any theory of liability. cf. Exceptions. No (imitation or exclusions will apply to liability arising out of either party's (1) confidentiality obligations (except for all liability related to Customer Dale, which will remain Subjectto the limitations and exclusions above); (2) defense obligations; or (3) violation of'the other party's fmailectual'property rights, 93, Verifying compliance. a. Right to verify compliance. Enrolled Affiliate must keep accurate and complete records relating to all use and distribution, of Products by Enrolled Affiliate and its Affiliates. Microsoft has the right, at its expense, to the extent permi(ted,by applicable law, to verify Enrolled Affiliate and its Affiliates' compliance with the Product'stieehse terms for the Products. b. Verification process and limitations Microsoft will provide Enrolled Affiliate at least 30 days' police of its intent to verify compliance. Verification will take place during normal business hours and in a reatmer that does not interfere unreasonably will) Enrolled Affiliate's operations. Microsoft will engage an independent auditor, which will be subject to a confidentiality obligation. Enrolled Affiliate must . promptly provide the independent auditor aA2015Agr(US)SLO(ENC)(Au02015) 25C -15 Pace 9 of t h DawmentX20.12066 with any information the auditor reasonably requests in furtherance of the verification, Including access to systems running the Products and evidence of Licenses for Products Fnrolled Affiliate Bests, sobltoonses, or distributes to third parties. Enrolled Affiliate agrees to complete Microsoft's self -audit process, which Microsoft may require as an alternative to a third party audit. Any Information cdlreotpd rn (lie -.011-audit will be used solely for purpose's of determining compliance. c, Remedies for non - compliance, If verification or self -audit reveals any unlicensed use or dalrioutibn, then within 90 days, (1) Enrolled Affiliate must order sufficient licenses to cover that ugo or distribution, and (2) It unlicensed use or distribution is 6% or more, Enrolled Affiliate must reimburse Microsoft for the cost Microsoft has incurred in verification and acquire the necessary additional licenses at 125 %0 of the price based on the; tfjeri•cuirrent prtce list and Enrolled Affiliate price level. The rrnilconsecl tlse percentage is based on the total number of Ilceneae purchased compared to actual install base, if thefe k no, unlicensed use, Microsoft will not subject Enrolled Affiliate to Another verification O. At.faaal one year. By exercising the rights and procedures described above, Microsoft does not waive Its rights to enforce this Agreement or to protect Its intellectual property by any other means pormitted by law. 14, Miscellaneous. Notices. Notices to Microsoft mast be sent to the Microsoft address on the ,signature form with a copy sent to the address below. Notices roust be in writing and will be treated as delivered on the slate shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcoming ordering deadlines, services, and subscription information in electronic. form, Including by emalt to contacts provided by Enrolled Affiliate. Emails will,be Ireatedas delivered..on the transmission date. Microsoft Corporation Legal and Corporate Affairs Volume Licensing Group Cho Microsoft Way Redmond, WA 00052 USA h. Assigntn'ont. Either party, mayassign this Agreement to on Affiliate, but mustnotifythe other party in writing of the assignment. Any other proposed assignment must be. approved by. the other party in writing. ,Assignment will not relieve the assigning party of Its obligations under the assigned agreement. Any attempted assignment without required approval Will be void. c. Severablfity, If any provision in this agreement is found unenforceable, the balance of the agreement will remain in full force and affect. d. Use of contractors. Microsoft rnay use contractors to perform services, but will be responsible for their performance subject to the terms of this Agreement. e, Wnlver. Failure to enforce any.provision of this agreement will not constitute a waiver. Any waiver must ba in writing and signed by the waiving party. I. Applicable taw; dispute resolution, The terms of this Agreement will be governed by the laws of Customers state, withoutgiving effect to its conflict of laws, Disputes relating to this Agreement will be subject to applicable dispute resolution laws of Customer's slate, EA2013At1r(V$)SLG(ENG)(Ang 20 15) 25C -16 Pe e: torrf 11 pttcument X*17056 g. This Agreement is not exclusive, Customer and its Affiliates are free to enter into agreements to license, use or promote non - Microsoft proclucts. h. Management and Repelling, Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads.) on. Microsoft's Volume Licensing Service Center (VI-80") web site (or successor sfte) at: httoSalwvAV ir> icinsoft .eor0 /ficensinq/_ervicecenter. Upon the effective date of this Agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts. f. Order of precedence. In the case of a conflict between any documents in this Agreement that is not expressly resolved in those documents, their terms will control in the following order from highestto lowest priority: (f) this Enterprise Agreement, (2) any Enrollment, (3) the Product Terms, (4) the Online Services Terms, (6) orders submitted under this Agreement, and (G) any other documents in this Agreement. Terms in an amendmem control over the arnanded document and any prior amendments eoncarningihe same subject matter. J. Survival. All provisions survive termination or expiration of this Agreement except those requiring performance only during the term of the agreem'ent.. It. Free Products. It is Microsoft's intent that the terms of this Agreement and the: Use Rights be In compliance with all applicable federal low end regulations, Any free Product provided to Enrolled Affiliate Is for the sole use and benefit of the Enrolled Affiliate; apd,fe not: provided for use by or personal benefit of any specific government employee, I, Amendments, Any ontendinenl to this Agreement must be executed by both parties, except that Microsoft may change the .Product Terms and the Use Rights from time to time In accordance with the terms of this Agreement. Any conflicting terms and conditions contained in an Enrolled Afflllale's purchase order will not apply. Microsoft may require Customer 'to' sign a new agreement or an amendment before an Enrolled AtIfilfateanters into an Enrollment tinder this' agreement. m, Voluntary Product Accessibility Tomplates, Microsoft supports the government's obligation to provide accessible technologies to its citizens with disabilities as required.by Section 508 of the Rehabilitation Act of 11973, and Its state law counterparts. The Voluntary Product Accessibility Templates ( "VPATs ") for the Microsoft tbdhhologt'es used in providing the online services can be found at Microsoft's VPAT page. Further Information regarding Microsoft's commitment to accessibility can be found at hftp:Uwww.microsoft.com /enable. n. Natural disaster. Ill the event of a "natural disaster," Microsoft may provide additional assistance orrfghts by posting them on http://www,micro8oft.coni at such time, o, Copyright violation, Except as set forth In the section - above entitled "Transferring and, resssigning Licenses ", the Enrolled Affiliate agrees to pay for, aril comply with fhe t3tr 7$- of this Agroement and the Use Rights, for the Products 1l uses, Except to the extent Enrolled Affiliate is licensed under this Agreement, it Will be responsible for its breach of this Contract and violation of Mlcrosoft's copyright in the Products, Including payment of License fees specified in this Agreement for unlicensed: use. p. Calendar clays. Any reference in this Agreement or an Enrollment to a "day" means a calendar (lay, except references that speoffy "business day'. E'A20 f6Ar(US)SLG(ENO)(Aua 2e 76) 25C -17 Pap'o'f I oft t Document X2012060 Microsoft I Volume Licensing Supplemental Contact Information Form State and Local This, form can be used in cornbinatlon with Agreement and Enroihnpnt/Regl0tation. Howevpr;;a separate form must be submitted for each EnroilinenVRegistration, When mpre than, one is submitted on a signature form, For the purposes of this form, "Entity' can mean the signing Entily, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering inIci or volume 01 0,nsing program agreement. Primary and Notices contacts in this form will not apply to Enrollments or Registrations. This 'forn applies to, 0 Agreement El EnrollmentiAffiliato Registration Form Insert primary entity name.if more than one Enrollment /Registration Form is submitted Contact information, East, party will notify the other in writing if any of the information In the following contact information page(s) changes. The asterisks ( ") indicate required fields; if the Unity chooses to designate other nte contact types, the &a reynlred fields must he completed for each section. By providing contact Infonriation, entity oonsonts to its use for purposes of administering the Enrollment by Microsoft "end other parties that help Microsoft administer this Enrollment. The personal information provided in eorineollon with this agreement, Will be used and protected according to the prvacy statement .available at j»�s/ /licehsinn.microso .c m. 1. Adclitlonal notices contact. This contact receives all notices that are sent from Mlcrosoft. Na online access is granted to this individual. Name of Entity" County of Riverside Contact name *: First Melissa Last Etter Contact emaU* mellssa,etter@rivcoil.org street address* 3, 4501Ath;Street City' Riverside. State* CA Postal code* 92601.3862 Country, us Phone" 951 -965 -7731 Fax This contact is a third party (not the Entity). Warning: This contact receives personally identifiable information of the Entity. 2. Software Assurance manager. Tills contact will receive online permissions to manage the Software Assurance benefits under the Enrollment or Registration. Name of Entity* Contact namo*s First Last Contact small, Street address* City* State* Postal code' Country* Phone* Fax SupOontatlln (OFoan(U9)5LG(6NG)(0012010) Page -1 of 3 25C -18 ❑ This contact is a third party (not the Entity). Warning: This contact receives personally identifiable Information of the Entity.. 3. Subscriptions manager. This contact will assign MSUN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses Is necessary for access to any of the online benefits, such as subSedplion downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions. Name of Entity" Contact name": First Last Contact email* Street,ircidress* City* State* Postal code* Country* Phone* Pax ❑ This contact is a third party (not, the Entity). Information of the Entity. 4, Online Services manager. Warning: This contact recelves.personaily identifiable This contact will be provided online permissions to manage the Online Services ordored under the Enrollment or Registration. Name of Entity County of Riverside Contact name': First Jenifer Last Rutherford Contact small* jenifer .nitirerfor(f@rivcoil.org Street address* 345014th Street City* Riverside State' CA Postal code' 92501 -3862 Country* UA Phone "951 - 955.77$6 Pax 71 This contact is a third party (not the Entity), Warning: This contact receives personally identifiable information of the Entity. 5, Customer Support Manager (CSM), This person is designated as. the Customer Support Manager (CSM) for supporl-related activities, Name of Entity* contact name *: First Last Contact emait' Street address* City* State` Postal code' Country* Phone* Fax ❑ This contact is a third party (not the Entity). information of the Entity. G. Primary coh..tact information: Werning: This contact receives personally identifiable An individual from inside the organization must serve as the primary contact. This contact receives online administrator permissions and may grant online access to others. This contact also receives all notices unless Microsoft is provided written notice of a change. Name of Entity* County of Riverside Contact name *: First Jim Last Smith SUpCOnlacllnroForib(US) SLG(ENG)(Ocl2o1Q) Pane 2 of 25C -19 Contaot.etnaV jitnsmilfh @rivcolt.org 5treetaddrese 345014th Street city-Riverside State* CA Postal code* 9260`1-U62 Country *: US Phono *951 -956 -1000 Fax 7. Notices contact and online administrator information; This individual receives online adrninishator permissions and may grant online access to others. This contact also receives all notices. El Same as primary contact Name of Entity' County of Riverside Contactharne': FiretJigniter Last.Rutherford C9n(abt email*'. jenlfer .rlitlierford @rivGoit.c[g Street Address' 8466 14th Street Clfy* Riverside State' CA Postal code* 92501 -3602 Country', US nhono' 951. 956 -7785 Fax © This contact Is a third party (not the Entity). Warning; This contact receives personally Identifiable Information of the Entity. SunConlact infoFofni(U$)SLG(ENG)(Oct2010) 25C -20 Pogo 3 of 3 Microsoft Licensing, GP Document Summary Form * This Is for informational purposes only * MS 33-0000009076682 (MSLLI Tracking Number) Doe Type Amendments Subsidiary: Country: LAR/LAD /ESA: Program/Version SLG 2015 Do not modify the formatting or spacing of this Form above this text United States ACCOUNT: County of Riverside Outsourcer Name: Business Agreement Number: Master Agreement Number: 011273970 Agreement Number: Purchase Order Number: Comments: Last Saved by Quinn Greenly Revision 3.0 8118/2018 3:48:02 PM 25C -21 Account Manager Name / Alias_ (MSLI Scanning Coda) 1 0/12120 05 �`�� iVlic�r•ca�s'�i Amendment to Contract Documents Enterprise Agreement Amendment Ifs CTM CAMSTR- 05'1118 Volume Licensing This Enterprise Agreement Amendment ("Amendmopr j is entered into trplvrean they entities and as of the effective date identified in Ilia Signature Form. The terms and Conditions in this Abiendrnpni . supersede any conflicting terms and conditions in the Agreement and Enrollniont, The Agreementas hereby amended by adding the following: 1. Effective Date, The Effective Dale of the Agreement Is November 1, 2010. 2. Pricing. 'rhe fotiowino is added to Section 2, entitled °How the Enterprise Program works," of the Enterprise Agreement; d, Pricing. (1) Establishing Price Levels. Price Level that Mlorosotl will charge Enrolled A/Nfieto's resellor will be Level D lot, Mum.. mole +redhseivibos ordered under oriy EproAinont. Enrolled Affiliate's Price Level mill be Level D minus 7.51 for oil initial or <lom and subsopuont orders (e.g. Truo -ups, - Stipploolontal Orders, Ann .u.el ZJrdom) of all other Products ordered under any Enrollment. (if) Placing Drdbrs through Rosoltec Orders under an Enrollment will be made to Enrbifed 'Affiliates Resolfer. Mtdrosofk will Involve the Read* abcordldq, to tho torms,ln the applicable Enrollment Thioughovl'thls Agrawnsint the term "pace" refers to reference price. The Rsseller orld the Enrolled Affiliate Will determine the Enrolled Affiliete's acluatterico and poymont terms. Except for.changos piede:by this Amendment, the Agreement identified abn,Ve remains unchonged, and in fall fbrceand Oki, if there is any conflict botwepn any provision it this Aniendmerlt and any provision in the Enrollment or Agreement Identified above, this Amendment shall control. This amendment mcist be attached to a sipature form to be valid. Microsoft Internal Use OnI. C7M EA RlversideGountyMaslAr Mey2016 FINAL GTM C7MO7h1 6D anendmentApp 0.1 OTM OTn BD Page 1 of 1 25C -22 Microsoft Licensing, GP Document Summary Form * This is for Informational purposes only M81.1 3- 0000009076682 (MSLI Tracking Number) Doc `rope: Signature Form Subsidiary: Country: LAR /LAD /ESA: Program/Version SLG 2015 Do not modify the formatting or spacing of this Form above this text United States ACCOUNT. County of Riverside Outsourcer Name: Business Agreement Number: Master Agreement Number: 01E73970 Agreement Number: Purchase Order Number: Comments: Account Manager Name / Alias: (MSLI Scanning Code) I Last Saved by Quinn Greenly $110/2016 3:48:02 PM 50/12/2005 Revision 3.9 25C -23 1.t, micros oft Program Signature f=arm Volume Licensing MEINNI SAnumber GAMSTR•051116 Agrseniont nwnber 01(a Note: Enter ilia at pllcWri active nembers associated with the documents below. Microsoft rOgUires the- asso'clated active number be Indioated here, or listed below as new,. For Ilia pullpmes of this fgrin, tust6ma—' Pair mean the slgifkidD onifly,: Enrolled Affiliate, Cbvp,Mment: Partner, Institution,. or other party onterinq =into - 0 volume Ircensinq prs4grain agreament: This a[ rialure form end all Contract documents idbnUfled, In the table below are entered Into between the �Giis(dmer and the Microsoft Affiliate slgning, as of::tlie effective date Identified tygOW. .. Enter rise A reomant. Number or C.�a X20.12056 <ClrocseA raemon!> <ciiooso Aproemant} _ <Cioose,6gLeent> _ __� .. <Choose A reement> <Choose Enrollm6i i�stra�lian >�_. <Choose FnrollmsnUReg skri ation> . <Chooso EnrollmanURe Istratlon >� ,._ _.._....._ <Choose Enrollmefiy_ istration> <ciloose EnrollmantIRe Istration> Amendment to CbrSlracl Docume is CCTM / hlEVJ By sl&ltjo below, Customar and the Microsoft Affiliate agree thal.both parties (1) have received, read and tmrlerstand the above contract documents, lacludIng any websites or documents indorporatad by .reference and any amendments and (2) agroa to ba bbtfnd by the tormsofall such documents. Naive of Entity (must bo cgai nr P..rhitod Firsthand MtNanro` I` PrintedTitle '�f(?C.1/ftGfY�P Signaturo'Datia` Tax 1D ProgrnmSignCorni(MSSign)(NA, LatAn)E%BRA, IOLI(ENG)(Au0201 A) of Riverside -r 25C -24 Page 1 Of 2 optional 2"a Customer signature or 6utsouroor signature (if applicable) Nameof Entity (must be legal entity name)" Signatdre" Printed rlrstand LastName" Printad Title Signature Date* Name Of Entity (must_ Ge legal entity narmth Signature* Printed, Flmtand last Name" Printed Title Signaturo mate• If Customer requires physical media, additional contacts,.or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form, After this signature form is signed by the Customer, send it and the Conlract Documents to Customers channel partner or Microsoft account manager, who must submit them to the fgilowing address. When the signature form is fully executed by Microsofi. Customer will receive a confirmal'ion copy. Mtcrosoft Corporation Dept, 561, Volume Licensing: 6100 Neil Road, Suite 210 Mite, Nevada 89411.1137 USA ProgranrS1enFcmVSSi0n)( NA ,LarAdi)rkBRA,MLI(EN(3)(Ati92e14,) Page 2 o 2 25C -25 25C -26 I ON • 25C -27 ■ Microsoft Enterprise Enrollment Volume Licensing State and Local Enterprise Enrollment number Framework ID (Mlcrosofttocomplete) 67631100 (itapplicable) Previous Enrollment number 7859281 (Resellor to complete) This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms `of the Enterprise Agreement Identified on the signature form, (3) the Product Selection Form, (4, ) the,Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under. this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions'of the Enterprise Agreement. All terms used but not defined are located at httr)�/ /www`microsoft.com /licensing /contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this' Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the.initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 9. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA2016EnrGov (US)SLG(ENG)(Nov2ol6) Page 1 of 10 25C-28 Document X20 -10634 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State /Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi- tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special' Publication 800 -145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable In its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi - function server, or a commercially viable substitute for one of these systems; and (2) only employs an Industry or task - specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ( "Industry Program "). The device.may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that Is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ( "VDI "). Qualified Devices do not Include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post- transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups In the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov (US)SLG(ENG)(Nov20l6) Page 2 of 10 25C-29 Document X20 -10634 "State /Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally- recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on- screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http: / /www,microsoft.com /licensing /contracts or a successor site. 2. Order requirements. a, Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. 'The Initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (I) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise:. Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (Ii) Enterprise Online Services only. -- 'If'no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify file countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire Its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or Impose any obligation or liability on Microsoft. f. Adding Products. (1) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used If an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA2016EnrGov(US)SLG(E NG)(Nov2016) Page 3 of 10 25C-30 Document X20 -10634 (it) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order, (t) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (it) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meats or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step -up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the Initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 4 of 10 25C-31 Document X20 -10634 may submit true -up orders more often to account for Increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. if the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step -up Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled Affiliate may step -up to a higher edition or suite as follows: (1) For step -up Licenses Included on an initial order, Enrolled Affiliate may order according to the true -up process. (it) If step -up Licenses are not included on an initial order, Enrolled Affiliate may step -up initially by following the process described in the Section titled "Add, Ing new Products not previously ordered," then for additional step -up Licenses, by:followi'ng the true -up order process. L Clerical errors. Microsoft may correct clerical errors in this Enrollment; and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product order ad. j, Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise' Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices, Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will Invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be Invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. S. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 5 of 10 25C-32 Document X20 -10634 b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (1) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance.- (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month ( "Extended Term ") for up to one year, unless designated in the Product Terms to continue until cancelled, Is available. During the Extended Term, Online Services will be Invoiced monthly at the then- current published price as of the Expiration Date plus a 3% administrative fee if Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term, At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalied and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non - Community members is strictly EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 6 of 10 25C-33 Document X20 -10634 prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non - Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non - Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (1) Government Community Cloud Services will be offered only within the United States. (li) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth In the Use Rights, refer only to the cUnited States. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 7 of 10 25C-34 Document X20 -10634 Enrollment Details Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box Is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: 19 Enrolled Affiliate only • Enrolled Affiliate and all Affiliates • Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included If fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will Include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks ( *) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at httos://www.microsoft.com/licensing/aervicecenter. a. Primary contact. This contact Is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Santa Ana Contact name* First Michael Last Fetner Contact email address* mfetner @santa- ana.org Street address* 20 Civic Center Plaza City* Santa Ana State /Province* CA Postal code* 92701 -4058- (For U.S. addresses, please provide the zip + 4, e.g, xxxxx -xxxx) Country* United States Phone *(714)847 -5384 Tax ID *indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 8 of 10 25C-35 document X20 -10634 ❑ Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Jim Last Lentz Contact email address* jlentz @ santa- ana.org Street address* 20 Civic Center Plaza City* Santa Ana StatelProvince* CA Postal code* 92701-4058 - (For U.S, addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* United States Phone* 714 -647 -5400 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. "indicates required fields c. Online Services Manager. This contact Is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step -up prior to a true -up order. © Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name *: First Jim Last Lentz Contact email address *jientz @ santa - ana.org Phone* 714 - 647 -5400 ❑ This contact is from a third party organization,(not the entity). Warning: This contact receives personally identifiable information of the entity. *indicates required fields d. Reseller Information. Reseller contact for this Enrollment is: Reseller company name* SoftwareONE, Inc. Street address (PO boxes will not be accepted)* 20875 Crossroads Circle, Suite 1 City* Waukesha StatelProvince* WI " Postal code* 63186 -4093 Country* United States Contact name* MS* Admin Phone* 262- 317 -5555 Contact email address* ms- admin.us @softwareone.com * indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment Is correct, Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 9 of 10 25C-36 Document X20 -10634 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect, e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (1) Additional notices contact (il) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, p No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 10 of 10 25C-37 Document X20 -10634 ® Microsoft Program Signature Form MBAIMBSA number Agreement number O1E73970 Volurne Licensing Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be Indicated here, or listed below as new. For the purposes of this form, ',Customer" can mean the,, signing entity, Enrolled Affiliate, Government Partner, Institution, or other party; entering into a volume licensing "program` agreement. This signature form and all contract documents Identified in the table below are entered into between By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, Including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* City of Santa Ana Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Mim osoffs signature date) ProgramSignForm( MSSign)(NA,LatAm)ExBRA,MLI 0�238 Page 1 of 2 Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* If Customer requires physical media, additional contacts, or Is reporting multiple previous Enrollments, Include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept, 551, Volume Licensing 5100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA t :re r .r i Program5i gnForm( MSSign)(NA,LatAm)ExBRA,ML11'l5, 02,Q" 9 Page 2 of 2 25C -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH DMS FACILITY SERVICES FOR LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES {STRATEGIC PLAN NO. 6, 1B} MANAGER CITY F ;Ris r U CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with DMS Facility Services to provide landscape maintenance services in District 2 in an annual amount not to exceed $327,972, and in District 3 in an annual amount not to exceed $437,250, for a total annual of $765,222, which includes a 10% contingency, for a term from February 1, 2017 through January 31, 2019, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) divides the city into four maintenance districts. On October 17, 2016, PRCSA issued a Request for Proposals (RFP) for the landscape maintenance of districts 2 and 3. The Agency received four proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA Park Maintenance and one from PRCSA General Maintenance reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows DISTRICT 2 Rankin DMS 1 Landscape West Management Services, Inc. 3 Mariposa Landscape, Inc. 2 Merchants Landscape Services, Inc. 4 25D -1 Agreement with DMS Facility Services January 17, 2017 Page 2 DISTRICT 3 Rankin DMS 1 Landscape West Management Services, Inc. 3 Mariposa Landscape, Inc. 2 Merchants Landscape Services, Inc. 4 The City proposes to enter into a two -year agreement with DMS Facility Services with two, one - year renewal options, for the maintenance of district 2 and 3. 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 following accounts for the specified years of the initial term: Accounting Unit FY 16/17 FYI 7/18 FYI 8/19 PRCSA -Zoo (no. 01113220 - 62300) $ 42,900 $102,960 $ 60,060 PRCSA -Park Maintenance (no. 01113250- 62320) $267,186 $641,247 $374,061 Parking Meter (no 02710131 - 62300) $ 2,617 $ 6,281 $ 3,664 Downtown Enhancements (02710133- 62300) $ 6,139 $ 14,734 $ 8,595 Total $318,842 $765,222 $446,380 Funds are available in the following accounts for the specified years of the two, one -year renewal terms: Accounting Unit FY 18/19 FYI 9/20 FY20/21 PRCSA -Zoo (no. 01113220- 62300) $ 42,900 $102,960 $ 60,060 PRCSA -Park Maintenance (no. 01113250 - 62320) $267,186 $641,247 $374,061 Parking Meter (no 02710131- 62300) $ 2,617 $ 6,281 $ 3,664 Downtown Enhancements (02710133- 62300) $ 6,139 $ 14,734 $ 8,595 Total $318,842 $765,222 $446,380 25D -2 Agreement with DMS Facility Services January 17, 2017 Page 3 Gerardo Mouet ava -,;, CID. Executive Director Parks, Recreation and Community Services Agency Robert C. Coriez--- -° — Deputy City Manager City Manager's Office EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25D -3 25D -4 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES CITY OF SANTA ANA (PARK DISTRICTS 2 AND 3) THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between DMS Facility Services ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. On October 17, 2016, the City issued Request for Proposal No. 16 -126, by which it sought proposals from qualified firms for landscape maintenance services at City parks in Districts 2 and 3. B. Contractor submitted a responsive proposal that was selected by the City for both districts. Contractor represents that it is able and willing to provide the services described in the scope of work for both districts that was collectively included in RFP No. 16 -126 as Attachments 1, 4, 5, 6, and 7, and that is attached to this Agreement in its entirety as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $765,222 during the term of this Agreement, This annual arnount is comprised of (1) the sum of $695,656 [$298,156 for District 2 and $397,500 for District 3] and (2) a 10% contingency of up to $69,566 for services as may be performed by Contractor 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 accomithig 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 cornrnence on February 1, 2017 and terminate on January 31, 2019, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. Exhibit 1 26D -5 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 Exhibit 1 25D -6 limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to tenninate 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 perfonned prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 Exhibit 1 I! Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 27818, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such 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 infornzation 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 infonation 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 an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Exhibit 1 25b -8 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: 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 Contractor: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 DMS Facility Services 1040 Arroyo Drive South Pasadena, CA 91030 A patty may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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 Agreerent 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 Exhibit 1 25D -9 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15, 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 Consultant 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Exhibit 1 25d -10 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 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: v4AA - John 64. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Name: Title: Exhibit 1 250 -11 104*4 2111 r' Exhibit 1 25D -12 Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE (DISTRICT 2 AND 3) RFP NO,: 16 -126 Description of Work ROUTINE MAINTENANCE Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and /or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C and per the City of Santa Ana Park Services Standards (see Attachment 7). 1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction. 1.1 Casual Turf Mowing -All "casual" turf (non - priority turf) shall be mowed every other week. The Contractor may use rotary mowers to mow casual turf. The City prefers that the Contractor use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3 -237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3 -178 69 "rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. String trimmers are not allowed for mowing turf, 1.2 Priority Turf Mowing -All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2 ". In order to achieve a quality cut at this height and not leave clippings the City prefers the Contractor use the following equipment and methods: The Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a Kubota L5060 tractor equipped with turf type tires and tractor powered Trimax ProCutS3 -237 91" rotary mower and a City of Santa Ana RFP 16 -126 Ea11 i 25D -13 walk behind Jacobsen Eclipse2 reel mower along priority turf areas. Note that the Contractor shall perform quality sport turf mowing and detailing to the Director's Representatives satisfaction regardless of the equipment and methods the Contractor elects to use, The Director's Representative shall direct the Contractor to mow the priority turf lower than 1/2" if necessary. Note that the ball diamond infield maintenance contractor shall be responsible for mowing turf infields, including foul territory turf area, 36" beyond the skinned infield arc, and other designated ball diamond turf areas, Infield maintenance shall not be part of this RFP. 1.3 Edging and Detailing Edging /detailing of the entire site shalt be performed at the same time mowing occurs. The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk- behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging /detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces, Chemical detailing of turf may occur only with the Director's Representatives approval, If chemical detailing is performed, the Contractor shall spray maximrun 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff falls to achieve this quality without this method. The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines, The Contractor shall detail turf not greater than 1" away from park amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls /fences that are greater than 1 ". 2.0 Irrigation 2.1 Contractor shall ensure irrigation systems are continually monitored and repaired in a timely manner and per the Director's Representatives direction. The Contractor shall visually check all sites each morning and physically check each sites systerns monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter /number; 4) run days; S) start times; 6) station run times; 7) City of Santa Ana RFP 16 -126 p CMOR a 1 25D -14 water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure /repair deficiencies, 2.2 When an irrigation system does not adequately provide water to the priority turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc„ the Contractor shall direct their staff to immediately provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate priority turf areas, Contractor may also submit AEWs with engineered drawings to improve these areas of the system. Failure to maintain priority turf in a green and healthy condition will result in deductions from the monthly invoice. 2.3 Irrigation System Maintenance 2.3.1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City of Santa Ana Park Services' specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. All other repairs, RCV to meter, shall be repaired and shall be "tagged" using the City of Santa Ana Park Services "tagging" system noting the Company and Irrigation Tech that performed the repair, the date of the repair and the Contractor's and Irrigation Technicians contact information. All repairs shall be warrantied for two years from the date of the approved repair. All head and lateral lines shall be repaired within five days of discovery of malfunction/repairs needed. All other irrigation repairs shall be performed immediately following approval of the work. The Director's Representative shall impose penalties for failure to respond and /or hire a Certified .irrigation Technician to remedy the system. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 2.3.2 Repairs -The Contractor shall be responsible at his own expense for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The City will be responsible for the cost of materials from the valve to the water meter. The Contractor shall submit proposals to the Director's Representative for extra work to repair /improve the irrigation system from the RCV to the meter. 3.0 Groundcover Care 3.1 The Contractor shall service ground cover /shrub beds on a bi- weekly basis. These areas shall be maintained within their intended bounds and edged and/or detailed to keep the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. City of Santa Ana RFP 16 -126 twoiff 1 25D -15 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath andlor into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub /Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. `Box hedged" plants will be required to have all three sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level Imes of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning /trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted, Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 1.5' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one -time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 5.0 Tree Care City of Santa Ana RFP 16 -126 €d6 1 25D -16 The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications (PSTSS) up to a height of 15'. All pruning shall be `Complete' per the PSTSS (see Attachment 5). 5.1 Tree Service The Contractor shall perform continuous `Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). In addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is `Complete' pruned as set forth in the PSTSS (see Attachment 5). In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning /trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. 5.2 Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director, Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 5.3 Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate the trees and provide a written report listing findings and recommendations. 5.4 Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning /trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. City of Santa Ana RFP 16 -126 iM 1 25D -17 All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation /report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous 'free Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 6.0 Playground/Tot -Lot Areas 6.1 Daily Maintenance - The playgroumd /tot -lots /equipment shall be blown free of debris, sand /wood chips on play equipment, nibberized fall areas and surrounding concrete areas daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re- grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of, The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 General Maintenance and Clean-Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick -up trash/debris and to empty /clean trash receptacles daily. Daily Maintenance City of Santa Ana RFP 16 -126 OR 1 25D -18 8.1 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc,) on the ground or in trash receptacles shall be blown -off/removed from all worksites landscaped and paved areas each day Monday through Sunday before 12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. The Contractor shall not blow broken glass or any other potentially hazardous materials into landscape areas. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean with a germicidal product. Picnic shelters, drinking fountains, picnic shelter concrete pads, trash receptacles, concrete or asphalt areas with stains around trash receptacles, park security lights, park benches, walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport concession areas /patios /perimeter areas and ball diamond bleachers and the pavement beneath them and other park amenities shall be washed /cleaned daily. 8.2 The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, 8.3 After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City, Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 8.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris, dirt, glass, weeds, leaves, etc. at all times. 8.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 8.6 Non - pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once per week. 8.6.1 The Contractor shall hire a sub - contractor specializing in parking lot cleaning to clean the roadway and parking lots at Centennial Park. The work shall be performed by the sub - contractor in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the sub- contractor shall develop a strategy to close off parking lots to prevent people from parking so he /she may clean the entire parking lot. 8.7 Vacuums, blowers, sweepers, shovels or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked up /removed from the site. All non - pedestrian pavement, curb top /bottom, gutters, etc, shall be thoroughly cleaned. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand, soil and trash. The City shall approve any equipment that is to be used for cleaning parking lots. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree /plant material) that creates a safety hazard shall be picked up daily. 8.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios, pool decks, playground equipment, and pedestrian paved areas free of debris. City of Santa Ana _._ R FP 16 -126 € ATt1 25D -19 Slap tags, tape, string, nails, push pins, wire, etc, shall be removed from, but not limited to, picnic tables, park benches, skate park, walls, planters, pool decks, raised curbing, railing, exterior of buildings, light standards, overhead shelters, etc. 8.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the BBQ's and the post with heat and rust resistant flat black paint whenever rust appears. 8.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition, Should, in the opinion of the Director's Representative, the flag is not be in good condition (faded, discolored, torn and /or having holes) the Contractor shall immediately request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative. 8.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis, The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. using any method deemed expedient, The Contractor shall achieve this level of quality using a combination of cleansers, pressure washer, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 8.11 Priority Turf Field Maintenance -The Contractor shall establish a Sport Turf Management crew to specifically perform specified Priority Turf Field Maintenance. 8.11.1 Daily Maintenance Maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Priority Turf perimeter maintenance shall be performed daily. Maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warn -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas to remove brick dust, washing off stains and /or all other foreign material. In addition, removal of such as sunflower seeds or peanut shells, so that all areas, including bleachers, backstops, pavement and landscape areas, are 100% free and clean. All debris mentioned above shall be collected and disposed. Blowing debris into turf or adjacent areas is not acceptable. The contractor shall perform irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. The contractor shall maintain level fence line areas using a rock or leveling rake. All Priority Turf Fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with, approved USGA mix mixed with Stovers Bermuda Dunes grass seed during the City of Santa � Ana RFP 16 -126 CXYI OR 1 25D -20 spring /summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. 8.11.2 Non- recurring maintenance: During inclement weather the Contractor shall work to reopen Priority Turf Field as soon as possible. The Contractor shall use Diamond. Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 9.0 Other Requirements 9,1 Weed Control Application Agricultural pest control services shall be supervised by a state licensed/certified agricultural pest control employee or approved sub - contractor. The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer /name of the pesticide, the rate(s) of application, the reentry period and the method of application. Furthermore, the Contractor shall copy the email to the Agricultural Commissioner's Office, thereby, notifying their Inspectors of your sub - contractor's or QAL/QAC intent to apply pesticides. Furthermore, Contractor's subcontractor or QAL /QAC shall post on A -frame barricades plastic sealed 18 "x24" at minimum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer /name of the pesticide, the rate(s) of application, the reentry period and the method of application. 9.1.1 Weed Control All hardscape and landscape planting areas (excluding turf areas) shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved . mechanical or chemical methods. The Director's Representative may dispatch City staff or other contractor's to remove /eradicate weeds that reach two (2) inches or greater or when weeds exist in turf areas and are not removed /eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 9.2 Work Not Scheduled The ,Director's Representative may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. City of Santa Ana RFP 16 -126 EWWR 1 25D -21 10.0 City Inspection The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities /duties of determine what work needs to be performed in accordance with the agreement specificaitons, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. 11.0 Special Requirements related to the Zoo In addition to the services identified in 1 -10, the Santa Ana Zoo requires the services listed below. Pricing for these items shall be combined with the pricing for the particular category in items 1 -10 above. Turf Care — Casual Overseeding Each year, all turf areas shall be overseeded with perennial rye grass at the rate of not less than seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non -turf areas. General Maintenance & Clean -Up Daily Maiotenance All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc,) on the ground or in trash receptacles shall be blown - off /removed from all worksites landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the zoo opens to the public. Mulch All bare soil or open areas shall be continuously covered by a minimum of two (2) inches of mulch. Mulch material shall be Black Forest Mulch or equal approved by the Director's Representative. Mulch shall be replenished a minimum of three times a year. City of Santa Ana RFP 16 -126 Elf OR 1 25D -22 Additional Requirements Chemical Use All pesticides and fertilizers must be approved as safe for the animals by the Santa Ana Zoo Veterinarian prior to their application at the zoo. The Zoo Manager or their representative shall be informed prior to any application of chemicals on zoo property. Animal Enclosures - Animal Safety The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Zoo Closed The zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The zoo is open all other holidays. City of Santa Ana RFP 16 -126 Em Oil i 25D -23 Consultant Responsibilities: 1.0 GENERAL CONDITIONS 1,1 Definitions- 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant, 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape / grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape /grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work- Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder - Vehicle Collision (excluding Contractor and its employees and subs) - Excavation or re- surfacing of the street -Power failures - Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. City of Santa Ana FRFP 16 -126 Mai 1 25D -24 2,0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation /trenching /shoring, blood bome pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4,0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. City of Santa Ana RFP 16 -126 Mai 1 25D -25 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and /or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement, 1.0.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual /monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, narme of park/facility, location in park /facility, controller letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, annual color) days of week on /off, run times, start times, water budget percent, weekly ET, percent of ET City of Santa Ana RFP 16 -126 ftwe4 1 25D -26 programmed, a detailed description of system deficiencies and schedule of repairs; and,. 7) "green waste" recycling report. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible irrigation checks and the providing a monthly written irrigation test report by park/controller /station, 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e, utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS City of Santa Ana RFP 16.126 LFRA?f 1 25D -27 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative, The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his /her cost, 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17,0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS 18.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job at related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and /or private citizens during normal working hours. City of Santa Ana RFP 16 -126 EWA 1 25D -28 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and /or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (S) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations, 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site, In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. city of Santa Ana RFP 16 -126 EWIR 1 25D -29 The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies, As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ City Resnousibilities 1.0 CITY - DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority City of Santa Ana RFP 16.126 NfiR 25D -30 and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept /reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor, Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See - ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa RFP 16 -126 t7Ff Ga 1 25D -31 R APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS I. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2019 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor nmst provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. 'ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1.1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum, Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: Spring/Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Cloriosa Daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus City of Santa Ana RFP 16.126 EWA 1 25D -32 Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant /replace missing /damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 4. STA SEED TOPPER TESTING RE, QIIIREMENTS (IS THIS NEEDED) The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. S. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D, Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. City of Santa Ana RFP 16 -126 LAM i 25D -33 APPENDIX ATTACHMENT 5: TREE SERVICE SPECIFICATION 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies and procedures have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 2.0 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning, 2.1 Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. 2.2 Complete and Aesthetic Specifications are used when circumstances deem the entire tree needs to be fully pruned and in addition shall be reduced on the perimeter of the tree canopy to provide a formal appearance. Examples of when Complete and Aesthetic pruning may occur are government civic centers, commercial- retail centers, and formal landscapes where uniformity in appearance is required. 2.3 Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. 2.4 Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. 2.5 Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 3.0 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: City of Santa Ana RFP 16.126 M 1 25D -34 3.1 Proper disposal of all tree debris generated. 3.2 Assuring good traffic control and minimize disruption of the public. 3.3 Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. 4.0 ISA CERTIFICATION REQUIREMENTS The Contractor shall employee a fill -time, permanently certified personnel, as accredited by the International Society of Arboriculture, 4.1 The Contractor shall employee an ISA Board Certified Master Arborist@ to oversee the project. The ISA Board Certified Master Arborist@ credential is the highest level of certification offered by ISA. This credential recognizes ISA Certified Arborists@ who have reached the pinnacle their profession. In addition to passing an extensive scenario - based exam, candidates must abide by a Code of Ethics, which ensures quality of work. Fewer than two percent of all ISA Certified Arborists® currently hold this certification. 4.2 The Contractor shall employee an ISA Certified Arborist@ -Tree Risk Assessment Qualification (TRAQ) Working /On Site Supervisor to be on site at all times work is in progress to manage the correct pruning of the trees. To earn an ISA Certified Arborist@ credential, you must be trained and knowledgeable in all aspects of arboriculture, ISA Certified Arboristc9 have met all requirements to be eligible for the exam, which includes three or more years of full -time, eligible, practical work experience in arboriculture and /or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute. This certification covers a large number of topics giving the candidates flexibility in the arboricultural profession, TRAQ is an ISA qualification program that trains arborists how to use the methodologies outlined in the ISA Best Management Practices for Tree Risk Assessment. This qualification promotes the safety of people and property by providing a standardized and systematic process for assessing tree risk. The results of a tree risk assessment can provide tree owners and risk managers with the information to make informed decisions to enhance tree benefits, health, and longevity, A Code of Ethics for ISA Certified Arborists® strengthens the credibility and reliability of the work force. This certification is accredited by the American National Standards Institute, meeting and exceeding ISO 17024, 4.3 All Contractor Working/On Site Supervisor shall be ISA Certified Tree Worker Climber Specialist@ and /or The ISA Certified Tree Worker Aerial Lift Specialist& To be a ISA Certified Tree Worker Climber Specialist@, candidates must have the skill and endurance to climb trees, demonstrate high regard for safety, and be able to get the job done off the ground. This credential is different from the other certifications because you ARE tested in both a classroom setting and a field setting. Candidates must have training in aerial rescue, CPR, and First Aid to obtain this certification. 4.4 The Contractor's employees shall be ISA Certified Tree Worker Aerial Lift Specialist@ when working on trees beneath or in the vicinity of utilities. The ISA Certified Tree City of Santa Ana RFP 16 -126 EA 1 25D -35 Worker Aerial Lift Specialist® requires candidates to demonstrate their ability to perform as a competent aerial lift operator. The knowledge gained with this certification can improve the productivity, quality of care, and safety practices of those who earn the credential. Along with proven knowledge of CPR and first aid, candidates have been tested on safety procedures, and must be able to complete thorough truck and tree inspection, 5.0 SPECIFIC TREE PRUNING SPECIFICATIONS 5.1 All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. 5.2 All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. 5.3 When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. 54 All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth, Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made, The branch collar shall not be removed. 5.5 Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. 5.6 All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAME representative. 5.7 All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact, All trees six (6) inches in diameter or less shall be pruned with hand tools only, Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. 5.8 Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off First, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be. made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. City cf Santa Ana RFP 16 -126 EMAI 1 25D -36 5.9 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent, Resulting in keeping as much of the crown of the tree as possible. 5.10 Any extraneous metal, wire, rubber or other material (i.e, stakes, ties) interfering with tree growth shall be removed immediately. 5.11 Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree, 5.12 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. 5.13 Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 6.0 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned . in such a manner as to: 6.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6,2 Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. 63 Remove all broken or loose branches. 6.4 Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 6.4.1 Branches, which rub and abrade a more important branch. 6.4.2 Branches of weak structure, which are not important to the framework of the tree. 6.4.3 Branches, which if allowed to grow, would wedge apart the junction of more important branches. 6.4.4 Branches forming multiple leaders in a single leader type tree. 6.4.5 Branches near the end of a limb, which will produce more weight or offer more resistance to wand than the limbs are likely to support. 6.4.6 Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl'. 6.4.7 Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. City of Santa Ana RFP 16 -126 eR 1 25D -37 6.4.8 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 6.4.9 Removal of branches, which project too far outward beyond an otherwise symmetrical form. 6.5 Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. 6.6 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.7 Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. 6.8 Remove all vines entwined in trees and on tree trunks, Vine tendrils shall be removed without injury to said trees. 6.9 Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines, 6.10 Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 7.0 COMPLETE & AESTHETIC TREE PRUNING SPECIFICATIONS Complete and Aesthetic tree pruning shall consist of work performed in accordance with the specifications in 6.0 Complete Tree Pruning Specifications and in addition shall include that trees shall be consistently and concisely pruned whereby the canopies are "topiaried" in forms consistent with the species of tree being pruned, In specific cases where a group of same specie trees are present, the group of trees may be required to be "topiaried" all the same size and shape. 8.0 SAFETY TREE PRUNING SPECIFICATION'S Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: 8.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way, Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 8,2 Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. 8.3 Remove all broken or loose branches. City of Santa Ana RFP 16 -126 NWR 1 25D -38 8.4 Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 8,5 Limbs of weak structure or otherwise hazardous. 8.6 Selective removal of limbs obstructing buildings or other structures or traffic signs, Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8.7 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 9.0 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: 9.1 Clear all branches and foliage within ten (10) feet of primary electrical lines. 9.2 Clear all 'branches that interfere with secondary electric lines within three (3) to five (5) feet. 9.3 Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z1331 -1994. Current ANSI specifications will supersede these requirements when they take effect, Any contact with energized lines shall be promptly reported to an authorized SAPRf representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 10.0 PALM PRUNING SPECIFICATIONS Palms shall be pruned at the 10:00 and 2:00 o'clock positions. Palm pruning shall consist of the pruning of the following, but not limited to, palms (Syagrus romanzomanum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 10.1 The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. City of _a Ana RFP.... .. „ ........ ....._ _� Santa 126 twee, 1 25D -39 10.2 The shaping of the palms "pineapple" beneath the fronds to achieve a consistent and aesthetic appearance. 10.3 The removal of all flowers and fruit parts whether dead or alive. 10.4 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height. 10.5 Palms, especially, the Canary Island Date Palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty -eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. 10.6 All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 11.0 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): 11.1 Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. 1.1.2 Flush cutting where a out is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. 11.3 Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. 11.4 Removal of a healthy main leader, for reasons other than power line clearance. 11.5 Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 12.0 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty - eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City City of Santa Ana RFP 16 -126 two 1 landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense, 13.0 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 14.0 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others, Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. 14.1 Whenever larger tree sections are being out in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. 14.2 All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. 143 Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m, and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. 14.4 All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1,994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 15.0 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished, The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and /or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specifle request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative, City of Santa Ana RFP 16 -126 €ilk 1 25D -41 16,0 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 17,0 PAYMENTS WITHHELD /PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 18,0 SUBCONTRACTORS Subcontractors are not allowed without written approval from the City. Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 19,0 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 20.0 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the priming in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 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Exhibit 1 25D -115 a "C a t V a a LL rc c e Q io M N G v L U I g c So 9 9= �dd �k �g a E P a � `a �9 N I i O 25D -116 2 Z Mill"Offl 25D -117 0 a c 0. +fe 4! IA O 0 q 00 S O ry O VI 0 14 Lr� I 51, S 0 1� eq Lr� IN, 88.8 E ooa0000wootip !SS ocid0 0 on r o cj tl Y, -a Mill"Offl 25D -117 25D -118 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH MAJOR LEAGUE INFIELDS, INC. AND PROFESSIONAL SPORTS FIELD MAINTENANCE INC. FOR INFIELD MAINTENANCE SERVICES IN CITY PARKS (STRATEGIC PLAN NO. 6, 1 B) • � CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Major League Infields, Inc. to provide infield maintenance services in District 3 in an annual amount not to exceed $68,303, which includes a 10 percent contingency, for a term from February 1, 2017 through January 31, 2019, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Professional Sports Field Maintenance, Inc. to provide infield maintenance services in District 2 in an annual amount not to exceed $37,939, which includes a 10% contingency, for a term from February 1, 2017 through January 31, 2019, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) divides the city into four maintenance districts. On October 17, 2016, PRCSA issued a Request for Proposals (RFP) for the infield maintenance of Districts 2 and 3. The Agency received two proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA Park Maintenance and one from PRCSA General Maintenance reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references, and fee. These two companies currently provide maintenance for Districts 1 and 4 to the satisfaction of the City. The evaluation committee made a determination to award an additional district to each company. Major League Infield will maintain District 3 and Professional Sports Field Maintenance will maintain of District 2. 25E -1 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. January 17, 2017 Page 2 The City proposes to enter into a two -year agreement with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. with two, one -year renewal options, for the infield maintenance of District 2 and 3. 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 following account for the specified years of the initial term: Unit FY 16/17 FY17/18 FY18/19 intenance (no. U1 11 325U-62320) $44,268 $106,242 $61 Funds are available in the following account for the specified years of the two, one -year renewal terms: Unit FY 18/19 FY19/20 FY20/21 PRCSA -Park Maintenance (no. 01113250- 62320) $44,268 $ Gerardo Mouet E a . Executive Director Parks, Recreation and Community Services Agency 1,974 APPROVED AS TO FUNDS AND ACCOUNT: ' �\'Z a r, 0 -''\ .. . Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Agreement -Major League Infields, Inc. 2. Agreement - Professional Sports Field Maintenance, Inc. 25E -2 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 3) THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Major League Infields, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On October 17, 2016, the City issued Request for Proposal No. 16 -127, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 2 and 3. B. Contractor submitted a responsive proposal that was selected by the City for District 3. Contractor represents that it is able and willing to provide the services described in the scope of work for District 3 that was included in RFP No. 16.127 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 3. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B as they pertain to District 3. The total annual sum to be expended under this Agreement shall not exceed $68,303 during the term of this Agreement. This annual amount is comprised of (1) the sum of $62,094 and (2) a 10% contingency of up to $6,209 for services as may be performed by Contractor 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. 3. TERM This Agreement shall commence on February 1, 2017 and terminate on January 31, 2019, unless tenninated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 9 1 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, of 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 being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor carder this Agreement ( "Documents & Data "). Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 r , limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 eTTW Contractor or its, 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 teens 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, j udicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such. information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential infonnation 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 infonnation 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 an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 1 2W-6 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: 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 Contractor: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Major League Infields, Inc. 508 E. Chapman Ave Fullerton, CA 92832 Attn: David R. Johnson, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subj ect matter therein, and supersedes any and all other agreements, oral or written, between the parties. hz 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 terns and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges thatno representations, inducernents, promises or agreements, orallyor 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. 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 Execrative 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - "VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18, PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain 2rEitj -8 or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISION'S 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 fart, 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 $y: "„L 7olui ,Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks; Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City-Manager CONTRACTOR: David R. Johnson Major League Infields, Inc. Zylyuat b • 2E ibiiib Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFIELD BALL DIAMOND MAINTENANCE RFP NO.: 16 -127 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball /softball infields and warning tracks, State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Basoball /Softball Diamonds per the specifications and conditions listed below, Description of Work 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1,1 Cabrillo Park- District 2 1,1.1 One (1) 80'190' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.2 Delhi Park - District 3 1,23 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.3 Madison Park- District 3 1.3.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.3.2 One (1) T -Ball diamond with skinned brickdust infield. 1.4 Memorial Park - District 3 1.4.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.4,2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 1.4.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 1.5 Morrison Park- District 2 1.5.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 1.6 Portola Parlc- District 2 2k_11 1 1.6.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 1.7 Santiago Park - District 2 1.71 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.0 Schedule of Work to be Completed 2.1 Cabrillo Park: 5 Days per wk, Feb 1 at to July 15th 1 Day per wk, July 16th to Jan 31 st 2.2 Delhi Park: 1 Day per wk year round 2.3 Madison Park: 5 Days per wk, Feb 1 st to July 1511' 3 Day per wk, July 16th to Jan 31 st 2.4 Memorial Park: 5 Days per wk, Feb 1st to July 15a' 1 Day per wk, July 16th to ,tan 31 st 2.5 Morrison. Park: 3 Days per wk, Feb 1st to July 15a` 1 Day per wk, July 16th to Jan 31st 2,6 Portola Park: 3 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31 st 2.7 Santiago Park: 5 Days per wk year round 3.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields, 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold infield Mix (with stabilizer). 3.2 Pitcher's Mound/Home, Plate /Basepath Areas 3.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 3.3 Warning Track 3.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 4.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned 25�'- brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4.2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be 1/2" in diameter, Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area, The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4,23 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 4.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of alumvrurn, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 4.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min, wide with heavy -duty dual weight bristles, 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following items: 4.4,2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium /aluminum head. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 4A.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills, At X113 5.0 Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition, Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains/gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. 6.2 Maintenance Procedure 6.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 6,2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 623 The Contractor shall rake /shovel loose material from high spots back into low spots /wom areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place. 63 Horne Plata Area/Batter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 6.3.1 Sweep/Rake away all loose brickdust -mound mix- calcine clay. 6.3.2 Wet area Lentil moist. 6.33 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 63.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 63.5 Backfill "mound-mix" material into hole (`s). 6.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle: The plastic keeps the clay from sticking to the tamp's 29EM 4 bottom. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5.1 After raking /shoveling loose material from high spots back into low spots /warn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 6.53 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 6.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1- A & 1 -B). Alternate drag patterns or reverse direction of drag pattems daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 6.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination. of City staff, an unsafe lip situation exists (an unsafe lip is '' /z" or greater) in any turl%brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre- existing conditions shall be corrected during contract start -up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure, 6.6.2 The contractor shall final water the skinned brickdust to a depth of minimum. 7.0 Rainy Weather /Wet Field Procedure 2 �qi —T5 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 73.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 7.1.2 Rake out (scarify) wet areas. 7.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield. Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Heavy water scarified and cut and leveled areas to a %" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 9,0 Work to be Completed "ANNUALLY" 9.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule, Fields renovated may change from year to year. 9.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level, Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior /Senior Little League Field), Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball /Major Little League Field and 4 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 2 �,XJiib j, 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 10.0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system, Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 10.2 Replace Bases as directed, Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed, 10.3 Replace or Remove/Level/Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. 10.4 Replace or Remove /Level/Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 Infreld Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /arc. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk - behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or Jolui Deere Walk Greens Mowers (180 E -Cut Hybrid, 220 -E Cut Hybrid, 180SL - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walls- behind "greens" reel mower to provide "putting green" quality finish cut, 11.1.2 Infield turf shall be cut between %z" and ' /a" per Director's Representative direction. 11,1.3 All turf clippings shall be collected and disposed of. ILIA Edging of infield are shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 2'- -i1117 11,2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work - Infield turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan, The Contractor shall use California Organic products `Phyla- Boost' 7 -1 -2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2,3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, Optional As Extra Work - hfield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 113 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.4 Infield turf shall be kept fi-ee of disease and rodents at all times. 11,4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5.1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1.50" apart; 2) mowed to ' /a" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix "' /" minus STA tested /approved compost -seed topper with California Organic Phyta -Boost 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1.25' - 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklin Seed Company CSI Perennial Rye at a rate of 1 pound of seed per 1,000 square feet. 12.0 General Contract Provisions 121 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlinediii the contract, Consultant Responsibilities: 29-16 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1,1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be, clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 2.0 SAFETY REQUIREMENTS 2.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching /shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay, 2.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his /her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 3.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 - 422 -4133) roust be notified 48- hours in advance prior to any excavation work. 5.0 PROPERTY DAMAGE 5,1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and /or private. property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 7,0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and /or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 7.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations, Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem, 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative, 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative, The Director's Representative 29CibLb will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cast. 9.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative vetifites correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 101 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: 25—i El Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 homy before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to; insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative, 13.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY- DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative, In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to lure another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from. the next or subsequent monthly payment due, or if the amount is insufficient to 2 Exh i'jf cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See - ATTACHMENT 4: ADDITIONAL PROVISIONS ,t bij13 APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2019 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3.6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL. SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A, When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the US. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of 25ib 4 Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. 26E -25 M 299ib 6 APPENDIX ATTACHMENT 3 -6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFIELD BALL DIAMOND MAINTENANCE RFP NO.: I6 -I27 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 and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests, I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for infield ball diamond maintenance. 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. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days from the date the proposal is due, in order to allow time to award an agreement. DISTRICT• 3 ANNUAL AMOUNT Delhi Park Madison Park $19,880.00 Memorial Park $37,998.00 TOTAL $62,094.00 SERVICE PER WMK (See attached Price SheetO (See attached Price Sheets) If the City wishes to increase the frequency of maintenance please provide the cost to add a day of service per week for a year. ** *Pricing information for each site should be as accurate as possible. Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites. Major Leagne Infields, Inc. 818.559.8787, Ext. 5/818,559,9780 Legal Name of Company Phone and Fax Numbers 508 S. Chapman Ave., Fullertoir, CA 92832 Business Address David R. Johnson President Printed Name of Authorized Agent Title 11/9/16 Signature of Authorized Agent Date AR_I 5t 5T)A 992473 Federal ID number (if applicable) Contractor License Number (if applicable), City of Santa Ana RFP 16 -127T 21�! Delhi Daily Tasks Field Preperafions Weekly Tasks Edging Price Sheet Infield/Outfield Perimeter Mowing Infield/Outfield Perimeter 36" JBi- IO%Monthly Scarify /Cut/Level Infield Mix Annual Tasks Infield Traction Area Laser Level Infield Mix Verify and Reset Infiield Fixtures Occurrences per Spec. Unit Price Extension. 29 -ib�h 52 $ 36.00 $1,872.00 52 $14.00 $ 728:00 52 $ 8.00 $ 416.00 5 $ 150.00 $ 750.00 1 $ 400.00 $ 400.00 1 $ 50.00 $ 50.00 Total $ 4216.00 Occurrences per Madison 1 Price Sheet Spec. Unit Price Extension Daily Tasks Field Preperations 198 $ 36.00 $ 7,128.00 Weekly Tasks Edging infieId/Outfield Warning Track Perimeter 52 $ 32.00 $1,664.00 MoNving Infield/Outfield Perimeter 36" 52 $ 8.00 $ 416.00 BI-Monthly Scarify /Cut /Level Infield Mix 5 $ 150.00 $ 750.00 Annual Tasks Infield' Traction Area Laser Leval Infield Mix 1 $ 400.00 $ 400.00 Verify and Reset Infield Fixtures 1 $ 50.00 $ 50.00 Total $10,40$.00 w1] wo COccurences Madison z Price Sheet per Spec. Unit Price Extension Daily Tasks Field Preperatons 198 $35.00 $ 7,128.00 Weekly Tasks Edging Infield /Outfield Perimeter 52 $ 14.00 $ 728.00 Mowing Infield /Outfield Perimeter 36" 52 $ 8.00 $ 416.00 Bi- Monthly Searify /Cut /Level Infield Mix 5 $ 150.00 $ 750.00 Annual Tasks Infield Traction Area Laser Level Infield Mix 1 $ 400.00 $ 400.00 Verify and Reset Infield Fixtures 1 $ 50.00 $ 50.00 Total $ 9,472:00 Occurrences per Memorial 1 Price Sheet Spec. unit Price Daily Tasks Field Preperations 146 $ 46.00 Weekly Tasks Edging Infield 52 $ 36.00 Infield/Outfield Perimeter 52 $14.00 Mowing Infield/Outfeld Perimeter 36" 52 $ 8.00 Infield 52 $ 24.00 131- Monthly Scarify /Cut/Level Infield Mix 5 :$1 50.00 Annual Tasks Infield Fraction Area Laser Level Infield. Mix I $400,00 Verify and Reset Infield Fixtures 1 $ 50.00 Total 2 '--11 Extension $ 6,716.00 $1,872.00 $ 728.00 $ 416.00 $1,248.00 $ 750.00 $ 400.00 $ 50.00 $12,180.00 Occurrences per Memorial 2 Price Sheet Sped Unit Price Extension Daily Tasks Field Pieperations 146 $ 36.00 $ 5,256.00 Weekly Tasks Edging Infield /Outfield Perimeter 52 $16.00 $ 832.00 Mowing Infield /Outfield Perimeter 36" 52 $ 8.00 $ 416.00 Bi- Monthly Scarify /Cut/Level Infield Mix 5 $150.00 $ 750.00 Annual Tasks Infield Traction Area Laser Level Infield Mix 1 $ 400.00 $ 400.00 Verify and Reset Infield Fixtures 1 $ 50.00 $ 50.00 Total $ 7,'704.00 299i i3 Occurrences per Memorial 3 Price Sheet Spec. Unit Price Extension Daily Tasks Field Preperations 146 $ 36.00 $ 5,256.00 Weekly Tasks Edging Infield /Outfield Perimeter 52 $ 14,00 $ 72$.00 Mowing Infield/Outfield Perimeter 36" 52 $ 8.00 $ 416.00 Si- Monthly Scarify /Gut/Level Infield Mix 5 $ 150.00 $ 750.00 Annual Tasks Infield Traction Area Laser bevel Infield Mix 1 $ 400.00 $ 400.00 Verify and Reset Infield Fixtures 1 $ 50.00 $ 50.00 Total $ 7,600.40 2'' --'J3 Occurrences per Memorial 4 Price Sleet Spec, Unit Price Extension Daily Tasks Field Preperations 146 $ 41.00 $ 5,986.00 Weekly Tasks Edging Infield /Outfield Perimeter 52 $ 16,00 $ 832.00 Infield 52 $ 24.00 $1,248.00 Mowing Lnfield /Outfield Perimeter 36" 52 $ 8.00 $ 416.00 Infield 52 $ 16.00 $ 832.00 Bi- Monthly Scarify /CutlLevel In Mix 5 $ 150.00 $ 750.00 Annual Tasks Infield Traction Area Laser Level Infield Mix 1 $400.00 $ 400.00 Verify and Reset Infield Fixtures 1 $ 50.(70 $ 50X0 Total $10,514,00 299'-14 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 2) THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Professional Sports Field Maintenance, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. On October 17, 2016, the City issued Request for Proposal No. 16 -127, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 2 and 3. B. Contractor submitted a responsive proposal that was selected by the City for District 2. Contractor represents that it is able and willing to provide the services described in the scope of work for District 2 that was included in RFP No. 16 -127 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 2. Contractor's proposal is incorporated herein by reference. 2, COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B as they pertain to District 2. The total annual sum to be expended under this Agreement shall not exceed $37,939 during the term of this Agreement. This annual amount is comprised of (1) the sum of $34,490 and (2) a 10% contingency of up to $3,449 for services as may be performed by Contractor 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. 3. TERM This Agreement shall commence on February 1, 2017 and terminate on January 31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 25E45 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq„ and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fiilly comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Docrnnents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, r ., and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City, (iv) Contractor shall supply City with a Hilly executed additional insured endorsement. 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 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. 8. INDEMNIT+ICATION Contractor 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, j ast 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, subcontractors, agents, employees, or other persons acting on their behalf which relates PUAn to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any tongerperiod required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shalt 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. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such 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 an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 269'b5$ 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; 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 Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Attn: Don Bordelon, 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 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 fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any tenor 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 PIPT w 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. 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 Consultant 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION 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, tennination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined _ and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. M MI! • I 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 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John 64. Flunk Assistant, City Attorney RECOMMENDE1) FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Don Bordelon Professional Sports Field Maintenance, 'hie. 250`I'tt- -W1 `.. I 269U Appendix ATTACHMENT I SCOPE OF WORD CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 16 -127 Introduction and BacUround The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball/softball 'infields and warning tracks. State of California Licensed C -27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball /Softball Diamonds per the specifications and conditions listed below. Description of Work 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1.1 Cabrillo Park - District 2 1.1.1 One (1) 80 °/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.2 Delhi Park - District 3 1.2.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.3 Madison Park - District 3 1.3.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.3.2 One (1) T -Ball diamond with skinned brickdust infield. 1.4 Memorial Park- District 3 1.4.1 One (1) 80'190' base path Little League Junior /Senior diamond with skinned brickdust infield. 1,4.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield, 1.4.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 1.5 Morrison Park- District 2 1.5.1 One (t) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. or-43 1.6 Portola Park- District 2 1.6.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust irrf old. 1.7 Santiago Park - District 2 1.7.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.0 Schedule of Work to be Completed 2.1 Cabrillo Park: 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st 2.2 Delhi Park: I Day per wk year round 2.3 Madison Park: 5 Days per wk, Feb 1 st to July 15 "' 3 Day per wk, July 16th to Jan 31 st 2.4 Memorial, Park: 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 at 2.5 Morrison Park 3 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31 st 2.6 Portola Park: 3 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31 st 2,7 Santiago Park: 5 Days per wk year round 3.0 Field. Composition Mix ( Bickdust) To Be Used When Maintaining In- fields. 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3,2 Pitcher's Mound/Home Plate /Basepath Areas 3.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 3.3 Warning Track 3.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix, 4.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 29 -ib 4 4.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 4.2 Drags 4.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be 1/2" in diameter. Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 4.23 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 16. variety with 48" min, handle. Used to compact wom areas around bases, home plate and pitching mound. 43.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and Eno level areas. Shall be made of aluminum, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round /Square Point and Scoop shovels. 4.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 4.3.6 High Pressure Nozzle: Attached to hose, Use to spray down brickdust and push excess brickdust off turf edges. 43.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min, wide with heavy -duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4,4,1 During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 4.4.2 Squeegee: Used to push /squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium /aluminum head. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. WI • P 5.0 R1 4.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ", This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 5.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 1.0,0). Daily Infield & Warning Track Maintenance 63 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any bricicdust or other stains /gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. 62 Maintenance Procedure 6.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 6.2,2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 6.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area/Bat'ter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 63.1 Sweep/Rake away all loose brickdust -mound mix - calcine clay. 6.3.2 Wet area until moist. 63.3 Scarify area (`s) [batter's box hole (`s)] with shovel, This will help the mix bind better. 29 -E- b 6.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose, 6.3.5 Backfill "mound -mix" material into hole (`s). 6,3.6 Tamp the area firmly with steel tamp, Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 Follow same procedure for repair of home plate /batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5.1 After raking /shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 6.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 6.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimrm2 depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 6.5,4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1- A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid tuts and high/low areas, Speed of drag procedure shall not exceed 7 mph. 6.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 6.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 65.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is %z" or greater) in any turf /brickdust' border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil brdld -up with a sod cutter and re- establish the in -field boundaries with a string line or suitable method and 2 W-V7 re -sod up to the border to remedy the situation at contractors expense. Pre- existing conditions shall be corrected during contract start -up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 7.0 Rainy Weather /Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 7.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sapper system. 7.1.2 Rake out (scarify) wet areas. 7.1.3 Apply Stabilizer Solutions Stabilizer Gold htfield Mix (with stabilizer) from stock to all Wet Areas and Rake Out, Cap with calcified clay Turface, 8.0 Work to be, Completed FIVE (S) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 8.2 Heavy water scarified and cut and leveled areas to a %" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 9.0 Work to be Completed "ANNUALLY" 9.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 9.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amormts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 9.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold. Infield Mix (with stabilizer) to in- fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior /Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball /Major Little League Field and 4 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using H ll Topper Mound Mix capped with calcified clay by Turface, 10.0 Work To Be Completed "AS DIRECTED" 10.1 Replace Base ANCHORS as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system, Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 10.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 10.3 Replace or Remove /Level /Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. 10.4 Replace or Remove /Level/Re- histall pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day, 11.0 Infield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /arc, Infield and warning track turf shall be mowed and edged one (1) time per week, Mowing shall be accomplished by walk- behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E -Cut Hybrid, 220 -E Cut Hybrid, 180SL - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk- behind "greens" reel mower to provide "putting green" quality finish cut. bites 11.1.2 Infield turf shall be cut between %x" and ' /a" per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of 11.1.4 Edging of infield arc shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water, Over watering will not be acceptable. 11.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 11.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work - Infield turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan, The Contractor shall use California Organic products `Phyla- Boost' 7 -1 -2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5.1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1.50" apart; 2) mowed to %n" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" '' /d' minus STA tested /approved compost -seed topper with California Organic Phyla -Boost 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseed rug (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1.25' - 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklm Seed Company CSI Perennial Rye at a rate of 1 pound of seed per 1,000 square feet. 29E-9b 12.0 General Contract Provisions 12.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment, Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1,1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, oollared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 1.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc, In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 1.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards, 2.0 SAFETY REQUIREMENTS 2.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program, 2,2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenclring /shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay, 2.4 In addition, the Contractor shall submit to the Director's ,Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall: 25b-91 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 3,1,2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contactor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work 5,0 PROPERTY DAMAGE 5.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement, 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and /or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 7.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e, utility lines) and take responsibility for taking reasonable precaution when working in these areas. 7.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana, if the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 299'1-k 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 9,0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non- satisfactory items at his/her cost. 9.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifites correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 10.0 SOUND CONTROL REQUIREMENTS 10.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment, No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore, Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 The Director's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice, 13.0 MATERIALS 2 ''V3 13.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 13.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 13.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. City Responsibilities 1.0 CITY - DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the 26t -, 94 authority to aocept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Reguirements See - ATTACHMENT 4: ADDITIONAL, PROVISIONS W- APPENDIX ATTACHMENT 4s ADDITIONAL PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2019 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form, 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A, When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the hest of their ability, avoid damage to sprhilder heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,0001bs, are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program ( CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of 2Cibj�� Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. 2WIrt'-'td7 r r 29Ci gb APPENDIX ATTACHMENT 3 -6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.; 16-127 Certification -1 certify that I have head, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. 1 am familiar with all the existing conditions and limitation that may impact work, requests, l understand and agree that l atn responsible' for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for in -field ball diamond maintenance. 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. The proposer warrants that the prices, terns and conditioned quoted will be valid for a period of 90 days from the date the proposal is clue, in order to allow fine to award an agreement. msTtucrf 2 ANNUAL AMOUNT Cabrillo Park 1 1 330 Morrison Park 5,680 Ponola Park 5,680 Santiago Park 11,800 TWAt. 34,490 4 i if the City wishes to increase the frequency of'maintenance please 1 180/9,360 1 cost to add a day oi'service per week far a year. * "Pricing information for each site should be as accurate as possible. Based on funding availability, the City may remove at site from the scope of work without affecting pricing for other sites. Legal Name of Company Phone and Fax Numbers 23 Emerald Glen, Laguna Niguel CA 92677 Business Address _ _. ... 72- 1585503 C27- 929290 Federal IO number (if applicable) ContractorLicenseNnmber (if applicable) City of Santa Arta RFP 16 -127 Page 37 2 �E—d§ 25E -60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: APPROVE TENANT- INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJ. NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY I AGER CLERK OF COUNCIL USE ONLY: r•.• _r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'1 Reading ❑ Ordinance on 2°d Reading ❑ Implementing Resolution ❑ Set Publlo Hearing For -_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreement of Tenant Interest in the property listed below and goodwill (if any) with the following property owner, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Amount known as / location Taqueria De Anda/ 1 George De Anda 1221 North Bristol Street and $220,465 1240 West Washington Avenue (APN Nos. 405 - 274 -12. -13) Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. The acquisition of the tenant - interest is necessary to accommodate the improvements and widening for Phase 3A. The above listed tenant agreed to quitclaim all of their tenancy interest including loss of goodwill for the listed purchase price. The purchase price was made based on the appraised value prepared by a State - licensed appraiser, and the offer was accepted by the respective tenant - seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 25F -1 Tenant Interest Purchase Agreement for Bristol Street Improvement Phase 3A January 17, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 – Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 – Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $220,465 are anticipated to be received by the end of January 2017, and until such time, expenditures will not be incurred until receipt of funds and Finance approval. Funds will be available in the Bristol Street Improvements Project (Account No. 136792) for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661- 66100), subject to nonsubstantive changes. Jr- savipour Executive Director Public Works Agency FMMG /JG /KN /ML APPROVED AS TO FUNDS & ACCOUNTS: Wire s . r nos �\ . �J Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Agreement for APN Nos. 405 - 274 -12, 405 - 274 -13 25F -2 iNTS? MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET LEGEND: t- W W Ci E y J O H Cf) m sm— vueaecr FROPERTIE6 -A C9u Il?[o PPMPCR'llEi CIVIC CENTER DR. F-T ---i L-j- WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA TITLE PURCHASE AGREEMENT FOR II CITY COUNCIL BRISTOL STREET IMPROVEMENTS P W A AGENDA DATE PHASE 3A (PROJECT NO. 136792 JAN. 17, 2017 NONGENERAL FUND) PUBLIC WORKS AGENCY (Strategic Plan No, 6, 1, G+ and 3, 2, C1 25F -3 PAGE 1 OF 1 25F -4 SELL ALL (NO SALVAGE) Project: Br'l t l Street j=ioveniejjtjPjQject - Psase A APN: 405 - 271.1?, & 1,3 , Tenant - Seller: Georpol)r Audq AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement ") is entered into as of this day of 2016, by and between THE CITY OF SAN'T'A ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Buyer "), and George Dc_Anda ( "Tenant- Seller ") for the acquisition by Buyer of certain interests in real property described heroin, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: I . AgLtRFMENJ, Tenant•Seller agrees to sell and convey to Buyer, and .Buyer agrees to purchase and acquire from Tenant-Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements ") located in, on, or affixed in any manner to the promises known and nrunbered as 1221 'N, Bristol Street, Santa Ana, California and 1240 W. Washington Avenue, Santa Ana (".Premises") which Premises are part of that real property described in Exhibit A'attached hereto, located in the City of Santa Ana,, Orange County, California (" Property "), and (b) any truancy 'interest of Tenant- Seller ( "Tenancy Interest ") in and to the Premises and the Property, The Improvements to be conveyed by T'rrlant- Seller are a pant of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to t4 Realty attached hereto as Exhibit B, 2. PURCHASE PRICE, The total purchase price, payable in cash through this Agreement, shall be the sum of: TWO I- JUNDIIED TWENTY T'HOESAND FOTJR HUNDRED SIXTV -FIVLI AND N�00 DOLLARS ($220,465A0) ("Purchase Price ") which is computed as Value of Conveyed Improvements as shown on Exhibi $120,465.00 Loss of Business Goodwill $100,00100 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $220;465:08 3. . Tenant- Seller agrees to execute a Quitclaim Decd in Elie same form as that attached hereto as EXLiLtftC in favor of Buyer ( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer, all right title and interest in and to the Tenancy Interest as of February 1, 2017, 4, Teirant- Seller will vacate the property by February 1, 2017, 4,163755.1 -- N 1565.1 Exhibit 2 25F -5 5. CQNVEYANCG OI' rN- rGREST IN IMI'ROVEMLNTS. The Quitclaim Deed will also convey from Tenant - Seller to Buyer all of Tenant- Seller's interest in and to the Improvements, which conveyance shall be fice and clear of all recorded and unrmor-ded encumbrances, lions, assessments, leases, and taxes. Unless otherwise provided, recording of tine Quitclaim Deed and Closing (as defined below) of the transaction 'described herein shall be subject to Tenarnt- Seller's vacation of the Premises and proof of clear title to all said improvements having been obtained and received by Buyer in. accordance with Paragraphs 9 and 10 of this Agreement. 6. RECOIRDINCX: Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. y, CERTII ICr#IC)N OF OWN R HI'. Tenant- Seller hereby warrants and certifies under penalty of perjury that Tenant Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant- Seller for tile purpose of creating any lien, enournbrance, or security interest in any of the .Improvements, and that the Tenant »Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a,) Trust Deeds on Elie Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO FN'1'ER PREMISE . Tenant- Seller hereby grants Buyer or its authorized agent's pernnission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspoetions, provided Buyer provides seven calendar days notice to Seller, and Seller agrees in writing that the inspection time proposed by Buyer will not unreasonably impair of affect Seller's operations at the Premises. 9, BULK. S Ll . In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and /or a report fronn the Secretary of State's Office as to filings of security interests covering the Improvements. 10, CONFLIGT-j_NO INILRESTS. In the event any eonficting claim of title ar flay security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold all amount otherwise payable to Tenant -Seller es is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien, The withholding of such finds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant- Seller do not exceed the net animmt to be paid to Tenant - Seiler through this transaction, Buyer will not pay out the withheld finds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant - Seller. A ,general creditor's claim shall not be deemed to be a claim against arty specific item of Improvements and Tenant - Seller hereby agrees to accept all responsibility therefore, Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with tine 'Premises other than the Inzproveluents. Ii. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and /or Tenant- Seller's interest in the Improvements, Tenant- Seller hereby consents to tine dismissal of such action and waives any claims for connpensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified 4463755.1 --N1565.1 25F -6 herein. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 12. CLO IS NG;. PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction, At 'Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the following adjustments: A. Pay and charge Tenam Seller for any and. all current and/or delinquent taxes and any penalties and interest thereon against the Improvements and the Tenancy Interest, and for any delinquent or non-delinquent assessments or bonds against tle.Improvemenis and the Tenancy Interest, B. Pay and charge Tenant - Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs S and 10of this Agreement;, C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant - Seller. 13, FULL AND COMPLETE SETTLEMENT. A. Tenant - Seller hereby acknowledges that the compensation paid to Tenant Seller through this Agreennernt constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Bit or's acquisition of the irn)rovements andand the Tenancy Interest and any dislocation of Tenant - Seller from the Premises, specifically including, but not Iirited to the value of the improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for precondermnation damages, and any and all other claims that Tenant - Seller may /save, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Improvements and the Tenancy hrt.erest . Tenant -Seller hereby disclaims any right, title or interest h1 or to the Premises. Tenant-Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees "), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have; or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Improvements and the Tenancy Interest, Additionally, TenantrSeller hereby expressly and unconditionally waives any claims (known or tutlolown) including loss of goodwill, statutory interest, claims for inverse condemnation or unreasonable pre- condemnation conduct, or any other compensation, damages .or benefits, arising from the acquisition of the Improvements that Tenant - Seller may have against Buyer, its official's, representatives, and attorneys. B. Seller acknowledges that, in aceordance with applicable provisions of California law, Seller may otherwise be entitled to the payment of relocation expenses, compensation for loss of goodwill, just compensation, inverse condemnation, unlawFal pre- condemnation conduct, and other benefits and claims other than those expressly provided for in this Agreement in connection with Buyer's acquisition of the Property. Seller, on behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that Buyer's performance tinder this Agreement constitutes full and complete satisfaction of Buyer's obligations to Seller with respect to such claims. Seller acknowledges that it may be entitled to bonefits tinder the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United. States Code 4463'M.1 -,N[565,1 25F -7 seotion 4601 et, seq. and /or California Relocation Assistance Law, as amended, or dw Real Property Acquisition Relocation Assistance Rules and .Regulations. As a result of this Agreement, Buyer waives any right to relocation assistance, moving expenses, at, other payments to which )Buyer might otherwise be entitled reader the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United States Code section 4601 et. serf. and /or California Relocation Assistance Law, as amended, or the Real Property Acquisition Relocation Assistance Rules and Regulations, as payment for said benefits is acknowledged to have been compensated for pursuant to this Agreement. 14, ACKNOWLEDGMENT CONCI~RNING CIVIL CODE SECTION 1542. Tenant - Seller aelmowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code §1542„ which provides as follows;. "A general release (toes not extend to clairxrs which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her (must have materially affected his or her settlement with the debtor." Tenant - Seller acknowledges that it .and any others acting oil its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tonaht- Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting our its behalf may have under California Civil Code §1542, or Linder any statute or common law or equitable principle of similar effect. Teruant- Scher; 15, CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant- 5ell.er with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO JPMCUTE, Tenant - Seller and Buyer agree to execute and, file any additional agreements, consents or other documents reasonably necessary to effect the fall and complete settlement and purchase of the Improvements and the Tenancy Interest. 17, AMI-(1IZTZATION TO LrXECU'l E. Tenant - Seller, and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Sellor and Buyer respectively, 13. Comp ti_omisE IN SETTLEMENT, This Agreement is a compromise in settlement of 15ending or potential litigation between Tenant - Seller and Buyer and "shall never be treated as an admission by Buyer- for any .purpose of liability or as to value of any property ar claim. 19. SURVIVAL OP RTGILTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 4467755.1 -- N15ft 1 25F -8 20. WARRAN'T'IES, REPRESENTATIONS AND COVENANTS OF •IENANT- Sh,L,LER. Tenant - Seller hereby warrants, represents, and /or covenants to Buyer that: A. To the best'ofTenant- Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any Portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant- Seller shall maintain the Improvements and the Premises in good 'condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises, C. Until the Closing, Tenant - Seller shall not do anything which would impair Tenain- Seller's title to the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order, E, To the best of Tenant - Seller's knowledge, neither the execution of this Agreement trot° the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant - Seller, the Premises, tine Improvements or the Tenancy Interest may be subject.. F. Until the Closing, Tenant - Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as Of Closing, immediately give written notice of such fact or condition to Buyer. 21, HAZARDOUS WASTE. Neither Tenant, Seller nor, to the best of Tenant - Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant- Seller shall not cause or permit the presence, use., generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Ilazardous Materials to or from tha Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United. States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous Waste ", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140'ofthe California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" tinder §25316 of the California Health and Safety Code, Division 20, Chapter 6,8 ( Carpenter »Prestey - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California. Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant 4403755.1 -1,1I565.1 25F -9 to Section 311 of the Clean Water Act, (33 U.S,C, S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 at seq, (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42: U.S.C. 56901, et seq,(42 U.S.C, S6901). 22. QOMPt.dANCE WITH ENVIRONMENTAL LAWS. To the best of Tenatrt;Seller's Imowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation,, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of 1-lealth Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus.. 23. h•UEhJH Y. Tonant- Seller agrees to indcnrnify; defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting fiom, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use; generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, Linder, in, or about, to or from, the Preralses. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment, This indemnity extends only to acts or omissions of TenantmSeller herein, 24. ATTORNEYS' FEES, If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable stun as its attorneys' fees and costs. 25, COUN I "ERPAR'T'S. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. 13 NDlN(' EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, execrltors, admtiaistrators, assigns and successors of the parties hereto. 27. EN IRE AGREEMENT, This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the clay and year set forth hereinabove. 4165755.1 -- N1565.1 25F -10 Mailing Address of Tenant- Seller Tenant - Seller George De Anda By: Date: f Mailing Address of Buyer Buyer 20 Civic Center Plaza, M -30 THE CITY OF SANTA ANA. Santa Ana, California 92701 4463735.1 -- N1565.1 By: David Cavazos City Manager Attest: By: Maria D. Haizar City Clerk Date: __ Approved as to Form: By: —. J u M. Punk A sistant City Attorney Date: i^ Recommended for Approval: By; Fred Mousavipour Executive Director - Public Works Agency 25F -11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that ceitain real property slUlated to tilt county of state of C:allfornle, described as follows: Lot 32 of marl: nn. 'a? a, 11) the City Of ` MIlta Ana, County of 41-611ge, State Of Califorlala, as per Map filed In ax jI 2l. FrtciF.i of Miscellaneous lilape, in tI,je office of the County Rei_ol-CIPI' of said Ccuu7ty, Except tine Southerly forty feet thereof. Assps,�ol -'s- p -,_dal NItlmnhFr• 405-i4-12 All that cel'kain rest property sltuatecl ill thH C:uunty of Crancle, "Rate of Cal'lfornia, described as follows: Got 31 of jLaC h[' �'�� 111 CI1e Clty of r3anta Alaa, i�OUltty t7f Cfrangr, `3ttiate of C�alifolllla, a5 shown oil a Map tht"�reof recorclecl Ill nrlt ?cane 7 of hllscellaneous Maps, F:ecords of Bald change: County, N1rC(9,-(Vur11bc' 4405- 274-13 4463955,1 - •N1565.1 25F -12 EXHIBIT I3 IMPROVEMENTS PERTAINING TO THE REALTY (..II') IMUP'l'CJL EN'f 1- RPICISL'$'DnA 1'AQLJIA1A 11i ANDA M4PI'WViiiv11 W1'S 1'1 "RI'AI 1,10 110 11 M RL'•'.AIA,y kFFTC:`I'iV S i I:+r1TH C:l V V ALU r -1`, SB.RVA RY r , 2616 Pair Marlivl lu.m vrillu, Its No. Qtv. Uh..sorlpflolt Placo I 2 Chaswolleltwsighs,18 "-2 =4" high, mcinlm0iaul, $144,Doo intrrioil111maimilion, jAtWu ftistdu,,"'14gvorin Do Amid 'I'Ito Moxican'I'uan' °; wnli,nia anted ;? I G'huartrel Icstibrslp,n, 12" I U" Itiglt, anotnl oabBtul,lulcrktr 4,SSi) iltutulirnlion, plastic fitstjta, "'Cutlucrllr 1.)a dada ", vmill- 3 I C•lttctfiuu'i I�II,S:I' ait,n,. 12" lriit, wulnl c;niritaul, luki,rlul' 3,ftso il1nittiilatEnn, Plastic fascia, "I'tlto hluxican'1`,tca:r ", wall - rnc�unCcd 9 i '1` lava• vrnllaw ,rvleoutwindvxw, sra.inlcaa, I'm slcul i'ramw,,lslacyg,7 I`trlditrgrlr yrn, NirritAlcns stoGl scrvloo actuator, 213" x Iti" S 3 Exit• tior' diadoca ll oplo, palowl ,;Cec"IcrtaxirUc,tf.ruti„tl 2,166 fauna, angled t1 101 covori11g, mil 1.ta, mill lad, k0l)s s4i,f$ Of, 6 1 Nlt:7+ti sil;aa,'I' x IS", (wall] I!nrnit., phis'lia fascia, with 26U Iuinled Aral >hic Ic. +tcrini,;uul ancnu ilr m Ltrapitiaa 7 14 856 +t4eo i'sen^dn, a,,laluQt [rtdtctl, tvilh 2 putiust,ils, 12" x 4" x IV, c olteraflo U 10 Pxirrior rokwo d cfm twghi:,, 6" 41nniclu, tP,.i,3resccatl :1,9.511 5t i 1y,daa-hr. -7icr, harll:ut; Ps1,xCal r,n,: 711 -i:1sd 2 >'t'S psiSnn, I,7A 7S,1f)tl I1't'UI L, taaturul µas, v; ills Iocdcstnl, caPthgimdre airaiu and Ilu a raul'vant lit 4 Irincor ,11110, V(X'550d, Uutntcl dolt ,aatnl, WAIL toll, 5,17's a�u4tlnrrltrtui:u', plriutpiu8 I I t Scratarity door, 36" e 82 ", lithalar nreanl, towdt t.r,mkii eK `ISrl 25F -13 GD RRISTOL l;l T1sii€'RMRS DBA `['AQUERIA is F, AI DA 1 91'!t {)Vtilblfiil'I "5 PC,lt'1`t41t'lIh10'I.'0 TI ll:i REALTY l:ill'I:L:'1`I4'r';.I ) a4'1€ dsI Vrtl,[ ?I'i•ff,11 OARY'2,.2016 111111, Muritet 10111 Win ill 1 }�dlmri stl�rn Place 1lc5, ...4 I )2 1 1111 uartmbn, r<:C'I C11dt1kYrics,112 ,1 1vlile, nmood,olotltricsil 1,500 13 I ><Willl shelf, 0' x lit ", sthirld3sa sludl, VvItli wAH bVIlekols 910 14 1 €,fop flow flnk, 40" A I V x W, k'I1tl411'I'Y the uOvOl'111f;;, 157,00 MO) milt rallow, K.il7 {1G mki11[, pl[ mil11idf j ;J floor drtlils, iii fliwiwWir., MOM brslta.lclil 1 Polo I� 21 Llinfli, tpnl L1f s(sl'Snctrr`f<'an(i sold on colwtCr,:3311 liljl & 1 i,1U6 +12"1' €oop,.NIIYII'tle.,ln m ?,d,2 -tt r111YSIortllill4•illi7,3 tra11' ^J11 suia lb tllillaa, 2 tmu x @:,1.(ktpR'I -FHCI7UiIS, I ^ 1'11 x 27 ", 1 ° 656" - x •"1,Pj iksbOol'slclia11oa tamsl J'I'p111G N-Mi ,t",,Itoo putwin 17 I WitlWii caul5:r, 10' ;;1)' x 8', PhitltiMI 1MG11 pnttnl :6,511tl ($}118i1.OG kill, ilYlC'dol' Ilklmillalloll, i duill Coll fill) d ?locale, Larldn, aingrl41( orx, 33" M A", r'o d�l lioll, llod CS)1t1€ Nss"a(bt' iN I Sk(llllury sin €:, p d)' x 25 ", sillilliu;s, skill, ()tall ()rail) bogrd.s, t,6.)5 2:aillklo mixing fitue.cl , 11'inaw w4vi 1, 3- volllpartilletlt, It1 I W,lIN;;€rcld', IU . \, 2() ", siflielllssx c<<el, with wall l ?racbt -, lt{{1 ?(} SUINHIMICt1 t'.9i11(ras,74rntorVILW, 11il4pclllljJ. Ctlhtill[, ff� w,if) 111011ills x11111 t:IG'l'71rical 2 1 2 L:61IIbY, RlaJtll(Ci1, 12` CItAl1SOL;l', iIIQIk1l1Jl)B iIWHO col)H[ls aXj 22 1 Mill shd1', 12.5,x 4 ", f0flinlo.s ngoat, WItll t91.lOwls 21 1 Yll it t;r'C.OY171t.Cl it),y I tifilt•lIp I4) 1• SPu In Coker Iti) 2+1 I 1111 n 5Hm1511 51110, I N. I a mitlllhno $031, !;111gio mixilkg d 1 dl Il1IC a, ph llbhig . 21 1 V, +nll ,huff, 21' x 12 ", slkliklltlatul:+t"I RS 2G I a14Y iJ U1 {ka1 for I}llL`l? fir, 1, 675 25F -14 Cif. 7131diS "I't`>I_, &{hl'11 :s[Ll'1�15G° 1iC3A'I'tC�lall'rIADTiAI' M RMPRC. VIIA'ii.`.14T8 r}T ?It"CAININCI TO TI 11:; REALTY 4 ?PI' I-'1C '1VE DATE 01" VAI.,UB,• 17EBR1)ANY 2, 2016 4463755.1 -- N1565.1 25F -15 FlOr Mild'i "t Hem VFlItie, d1 1'r�Cl, Q lyr, 1.Y gCi'IlJlloll _ Mom (; {:115171;; LC1pV1:41Utj p1141A1111l➢, lilblid AD 2g I Hxh¢ulsl lwaad, k2' x 4 ", sto ill luMS SIMI,14111 --00f 10,600 1'(9111timl ll, hitorio' 11.1111 [till 1911u11, V ?i 111E IIIv v111Jfhroui oil ny to +on, 6'yr�l -.� "Ir ela,tt+la&,1 rlu.: Td�'.i]!, S xhrintal��r hCFI[1:� 2!) k l,ot prilA11111'al gas IJIIA11I1 mul Co11nection lry f 000killg+,�' 2r8Gf1 %Nwi1Y4 igd ppl I1mol a 30 gll41i1ve 6-C1 of 6(a137 w"3 Meal wall coval'Ifl'' 6)I 1111;11 1,950 '51 1 Willi r117itW' .16" w 1211, slall'7lu -4 mcool, wilh watt bVaQkv'te; ti {1 32 306 .Squats f'c�,1 WLIll"tu 80to ill t"D11%lama, 9;STa 111tall 1 fralac alll€I si Ilto liauk 3$ 1,120 1ScIlowo 1iwd [yrqua1T4 tllta IID t'h7g IT' v 12", With IS,,175 (ll blph bath lw- covillo 3d 1,0.19 Sy'll'm, 12;01 C- Clllrv'g Otis, ill X'.)"' 17RI" 4di11'}ohF>Lrd 1 "I1J} ( 3.5 1 .0 WIt4n llrsh', 54" X'2`7 °, doullle �c7191ev(sll, 3ltpod, lamilmia lf46.5 lop 36 ;15 klllr,ur f,(,w (it,% 111 eabill Ely, 301110811, wood, 7 -door 660 37 1 Food 1J1' Cl) a1111t1' 1G° 041", G911tA1 ,< :C1171I7111'lll'W1I'Il, I LIri;III 1115f) 1Ya1ord, b'111g10 tllixh)(a fllicul, 1 alJlashg{1411'(1, 111111111Jing ,1 ii. 'I 1SI�Ilil sllL[II,,'IN ,, : 414 %S1.IlIIlcti3 rll�l, 1V1111 wall lil'akoi.r.• 105 Sti6il. Rxit sor111t 44 l row.11V 11401, r C111t711y$ (¢l I C111}1114i1 C r111 I 1i {)111iJd'1'iUE011tlS gINOW IM10,rl" ;:2 +1" -'11C( ?11;[''4'fa', III 2,700 I arhillg lot 111 rcar oflinIlihl7g 4463755.1 -- N1565.1 25F -15 t"_O RRISTOI, hr`rTrkRPRISES D13A TAQUI"I.M,a 01i ANDA ITYIPIxt) +1ilAWNTS FI[dE I'AiNlNr, TO TtBLsR,L ALTY I ITE,' "TIVE, D ATE Q); V AI M]" - 1>r BRUARV 2 2016 Fair Markot llw1l) 1 +411t?ts in �fo. City, J:1cscriplsssrl I'lnc�. 9.,t ?1 g.fta?IIUr1 nail +:rll¢uult +u,t itsi;tltll lli�nv, �atNlIldill��� lull fi noc limil,06lo, hocks, fh%lvmrs, wall balls, srr,ililoss meal oarnesr guards and Irtinncall +ln�GCCa ra ltsge. 4463755.1 .• N1565.1 1h7PROVEN41NI 'SPl: +,riT3`,aiwl7NG 11 IIAT 25F -16 EXHIBIT C RECORDING REQUESTED 0Y: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Mimnnnt fn Cnvornmant Code Section 6103 Pursuant to R &T Code S 11922 QUITCLAIM DEED County Assessor's Parcel Number: 405 - 274 -12 & 13 (1221 N. Bristol, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, George De Anda doles) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2 ", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this -j (_day of— I / ,_, 2016. Byp=� E Date: 4463755.1 -- N1565.1 25F -17 A notary public or other officer completing this certificate verifies only the identity of the mdivldual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validity of that document. State of California County of Orange On November 11, 2016, before me, Veronica Delgado, a notary public, personally appeared George De Anda, 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 aclaiowledged to me that lie /sher/they executed the same in his /her•/tfreir 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, 1 certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VEa0MCn OELGAa0 i Commission # 2005517 MNotary Public • California orange County Signature_ (Seal) M oomm� ErEx irres J00�28�2t 25F -18 EXHIBIT "1" LEGAL DESCRIPTION All that certain real property situated In the County of Orange, State of C:aliforrria, cles6r113NCi as f6lloom Lot 32 of 7'I,a£r Nn. h7.°i, in the (-lty of Santa Ana, County of Orange, $tate of California, as per Mall filed in P:nol_; ,g iw t4 of Miscellaneous Flaps, h7 the office of the Gotmty Recorder of swirl Count /. Except the SOLIdlerly forty Feet thereof. F,sessor' Parcel NumI?PI': 405- 74 -9.2 All that Certain real laropel'ty Situated III the County Of 01- ancle, State of Californla, described as follows: Lot ;IX of „l•j;=, IVIa '• n', III ti1g City of Santa AI1a, County of C1t W)W Ie, State Of UlIfOI.11W, 15 ShOWI) do I Mil) thereof rec,orclecl in n Lich Of Miscellaneous Map, Records of saki Orange CocmtY, As.spsyc is Piiri_el Nun'il.,Fr: 40E- 274 -13 4403755,1 .. N1565,1 25F -19 EXHIBIT "2" DESCRIPTION OF CONVEYED IMPROVEMENTS 6;117 imisvot. }S)S`flil'tiyl 151;!1 DRA TAQUI -AIA Dk ANDA IMPROW',MHVI'S PBRI'AININC,I'lO TIEIB U'ALTY I'11TI?Z TIVii DASTN OF VALUE = Vr, -,' XL)AIT Y 2,206 25F -20 Fair Marko( lIom Vahm III 2161, (jly De&5 ilptbtl C'Ince� °- -- 2 CJ,Rn jgel 1,;4tir NlI ,Im, 18" • 2411 111811, mobil calpinul, i t4,000 111forlov 1111111111119 ilm, pl(6u114 1P1,•'•l11 Fl, 1bTuIY1Ada Do A{idd TI14 , wall•111(1unted 2 1 Cham101 1ittfor Sl1aA, 12"- 18" 171,011, 611011)1 cabirid, 1111cl -lu• 4,6950 I11W11Y11Yili1t511, I')luatic I''as01,ft, °��tif(YJ6'I'lll 17a Ari6111 ", Willi. 111 {1t116 wi I C11umol otkwsiggn,1i"1igh,111ih11tAbI ol,Inturlor 3,855 1111111dril I on, pInd0 r'Isclo, "Tho McNiono Tlt000, WAIL - moallttxi '1 1 '1 all'k4••1!ftllt mrvi €o window, 20" x'30„ ix 161" ", m4dillCfta 1122:, sh;a.l 1'1'4 114U,,.pti l' 4, :; i%1161ii1�,:11` +lU�, Al 1t41CfiN Sic41. FG I'VI 6 ", ctu6ntctl 28" r 16" a I7rxHorshl6lowir pivi, JJMIIIc '.615tadcommi- tultlrld 21100 11'6,1116'., Yllll'lud dot covor111IT� •Nf111�1 „t12JIT16!41, llgI15k9916M,;t, 41: 2. IN, x 4 "'m 56" 1 7K 112” {) 1 M01111 . 9111111, 4, 14 1 +,11,'111C'Ifil fi2mo, lYIIItlJl.; rfincia, with 200 Ill'111163d pap1110 WW rIng 11111) YYIf,IIU illml 1p-IIp111us •] Ilj 1�I11 u;l I'IcC1. Of railrlbau, '12" 11 21Ib111111' I1w26)1, J11£IIV11 8501 wifo 11154611, nspImIl Ircllko6l, N,41)2) pl;duAllk, 12" 8 411 61 12`x, mlite''LW }i Iii hM.IGYI'f9r 1Y5UC51t1'.'i1 44111 I I>,21)ts, 6" diutnoWr, fluoresc -cA71 a} 2 1V611er 116;ntor, Flrrltivt, Nl%lel n(,,; 775 7&'N,2,75 gallon, 1,7,5x0 75, 101) 1311111, "Affil"Al E;IIs, With 11"IoA ll, mq•IlIll"like, alralm tult11h1Ir•rcxul'vull[ A 4 Floor lnits, rtlacsre6l, cila u:l olt mum[, g6ete lop, 5, 17,'1 sul6lcrrnnnrin plunlhlu8 I Securlt;M druv, fill ,\ 9211, IuIJaJUn 1nmlul, a ?".01 backing 1150 25F -20 Cit)11RISTUI, E'VITIMIIRIVS DDA TAI)I MA 17G ANNA IMPROVEMENT'S Pt3WIAI'NINGTOTIMIttiA AN k':I'FI:C7 "IVfi 17A`t'li OP 11ALI111- IiS:131t1JAN1" 2, 2(71ti 4461755.1 — N 1565.1 25F -21 Pnir Merkel lum vnlne III hliy. Oiy� Milo .�. 12 1 Ali, cill -li il, (.V_1 hdo:9trios,'12." Wik, Inctol, dCetdt al 13 1 ,WillI ilid f, 0" x 20", shinim slt;el, wiIh Mill br11OW -fit Iii I Idol, floor sink, 110" x 10" x 26 ", quarry lile covarillp, 1,2[H} with iv,lll liluua;t, single. mixing„ plombing la 3 Hoor th•nhls, 5" aliwnoter, melnl grate. top 1,9i3t) lti 21 I, insnr fool ol' r,(, rvic c ! /firo(l9tatlt)nctmwer,:37 " high x I1,E0(7 ,12" (Imp, slk,II' :::: a, €ael, 2•tiar1111 durshalviol;„ 3 droll -in .,wain (Miles, 2 snooze,f;liard 5<SCh(n19, I - ii' x 27', I ` bb's x *17 ", lubztlnr s1ainllC &1 ntaol frnmc vei(h 'lou pasanlo 17 1 IN'alk-1r1 U0411Ur, 10 x 9' x 8', (L "a ls- alllMdl IIINCiL1 P-Mcl pf }t1ri(1'll: ?I1GIii, Iniv.dor 111ti inalion, I (hull voil im blowtu', L.li rldn' :1 nglc. dour, .33" x 78 ", C010jVCSriiOr 18 I SmIlIrry Slllld, I ti' x 24 ", midiiloss glued, (Iltill (mill b011'(lx' 1,815 2 1higlu nli,xllig f(ltwols, I Him! wail(1, 3 -co p.,)i Mient, plumbing 11) 1 Wnll shalt, 10' x 20 ", slainlcsx Mod, will Wall brar-lt +.'.tra 290 20 5 Ski, voilhilw . Giklnums, Arnim V iov, IIICludin g cablilig, 975 Wall molif115 kill cfoutrk7al 21 i! , pUnlwix X12" ilihnU :hrr,InCludingnudkiQabling RYI 22 1 Wilt shell, 9 5'"20" 6lainfe5's We'l, LVhh bl'nCkols 2. -1 1 wn1CX connoud "mi hook-Ill) lin` i!a allnto-'r 160 211 1 1lnn ;'I mV.sh sink. 16" x I5 ", !g0iolosA Aleol, !;III(;k., mishli 610 l luccl, plmllbin;% ;t7 I W.rill:hclf2,1 "x G7. ",51nhrlu:isSlrii f-1 I Silvlll`.Ill w(del lilr makekip ulY, r[nr;I illt:UUl('(I ci:nn'u'a:. *:or I,h75 4461755.1 — N 1565.1 25F -21 (ir) 131t1.3'1'C,Y) tY1 ^1'P1iftV71'tI E 'IlBA-il QUEMA. ! ANIA IMPROVISMENI'S P1?,IL'Phl dlh![3 `I "t.M'1'I IL', AIoA[A y RPM fi,r:ft` E DANE (No WOUG� FOB itl,UY2,2016 4463755.1 -- N i 5611 25F -22 Pair N1trr }tut '4 alew W 1d5rIY7 I`itl. Gj14. l)stggl'1,it1t11 Nam ?'7 2 Colling lowVi: IolY Y11ovil15, motati ' }r1t1 28 1 i haum hop; 12, x 34 eArlxnll,xt swab 11sru -roof Ivan vonil mimC lntudu imm Nnow" WV'11141' o 1'uplrl'cu ol, V ,'S 101-1, pyl -g-c, IkSldl, �r'1otic +1 111,. Nitin4 31V3, 5 5(Jp' ill .�:i4'71' houb. 251 t t.+Cit t,1} n6laml gas 1019 1410d cannC{`dom 1171I cauldingrV 2ti�t7(7 14 ^dS'8'JYYfoI;� Ih(t]7111d9dY6}6'.J 7(7 05 ;51.151611'0 C4'CI CJ 1�YttllYY1GSS SCC%i 4461.11 4i1Nf:1'14'11 ±, �'tlk�tl ty� ll� fl l Widt aioll', 1G "' H Y ?. ",, &la+kr4lo:ail nt,n4 with wutl bvnC4:vlo hlt 32 ;1116. "lit"wo NO( ['4f 0ccOrL11[)17 $G'11111 "li�j^ ",nth" YC7 tl77Si111'y Ill'2a 61.87°5 nlla @1 11'6YIY1C 49nS1 SlitlG If't4G}L 33 1'.,120 Syll"1ot IO('6➢fgaRrry U1C 1 mArilig,, 1211,c [211,Ni(11 1; 175 d" high i:7t7 lnosu covi lg 3i'1 1,119 8C1U'b1, low t °t1''4WE11+1141117)S: IsIp t,,co 4CIt11 ,, tlld'o, 21 x 2', PTO, 3,501) 01111 ?1719+7(15' VI 35 1 fl1Yi1'i -ki, tirkA,'58" x 251 doubW palmulb wood, laininniv +1115 (61.7 36 %5 I,S mOrNm Of wall oa11�611otry, :St1" hit", %vou631 1- ih1177' 60 37 1 '60'.1 171'014 5h1 }l', AT, x 2A" mhIg I4 immniinl'I617en ,, l t1min Igo boord, SI17V,10 lni',xhi(; fNUt -CSI, I ";phI511t1Llar(J, f11nm11ing 314 1 'Nall 5hrii, 48" x 14 %shiblimg 5iUsv1, will W` 1 1717w", 1(l5 39 X12 Stfon11'0 Rt ol. Lit wasIn01710 SI,56"1il6 x"111 Ittlntl(9i 9` Ilgh 935 Ctl1Y1HSmml Inlllimmo +I (l I 1 "" x ° " r>tti d C.ovesr, in SWbdS:N] "sll6Cli:5 k',I'[:FI' >C ll'tli7, 2'' !e;' 2 Jti(l r p',IPIf.ing ICn In roar of 1a11 IVA, 4463755.1 -- N i 5611 25F -22 GD RRlST01., 'lN"i RRl'l't SLS DOA TAQ UI;RIA OB ANDA IP/It'ItOVENENTS PLCUAININCi'1.O TI II.'s tIC.Ata` T ].rP}: >C'I'IVBDA7"[WOY JAI ,ill's- IMR.UARY 2,20.16 - 1 oirl Fliir i4laAwa Vr11nu 611 oto, Qlx. De- milidon 1,Nce L,arl of minor misuullalle/o s tnrt;alla14fu1s, SnclurcLitll;,, bul tiSU 110(lillike- 110, @rafrks, fiaMencrs, R' al) lauds, s1.1111y1eG3 slael ow-nor 6waeala and Ini 4ugla wolfs :;9golp. 'l'()'rAG JfAVAOV Yii',3N'C':`s' PHRIAMING 4463155.1 •- N150.1 25F -23 SELL ALL (NO SALVAGE) Project: Bristol Street Improvement Protect — Phase 3A APN: 405- 274 -12 & 13 Tenant Seller: Gpor•go Do Anda AGREEMENT FOR ACQUISITION OF TENANT•SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement ") is entered into as of this _ day of , 2016, by and between THE CITY OF SAN'T'A ANA, a charter city and municipal corporation duty organized under the Constitution and laws of the State of California ( "Buyer "), and George Dc Anda ("Tenant - Seller ") for the acquisition by Buyer of certain interests in real property described herein, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AG ,EMENT. Tonant- Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tomint- Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1221 N. Bristol Street, Santa Ana, California and 1240 W. Washington Avenue, Santa Ana ( "Premises ") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ( "Property "), and (b) any ton ancy interest of Tenant - Seller ( "Tenancy Interest') in and to the Promises and the Property, The Improvements to be conveyed by Tenant- Seliar are a pail of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhr i B. 2, PURCHASE PRICE. The total purchase price, payable in cash through this Agreement,, shall be the som of: TWO HUNDRED TWENTY THOUSAND FOUR HUNDRPD SIXTY -fIVP. AND NO 1100 DOLLARS ($220,465.00) ( "Purchase Price ") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $120,465.00 Loss of Business Goodwill $100,000.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $220,465,00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant-Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit C in favor of Buyer ( "Quitelairo Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest as of February 1, 2017• 4. Tcoant- Seller will vacate the property by February 1, 20.1. - 41153M.1 •- N 1 565.1 25F -24 5, CONVEYANCE OF INTEREST IN IMPROVEMENTS_. The Quitclaim Deed will also convey from 'llonant- Seller to Buyer all of Tenant - Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes, Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant - Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 9 and 10 of this Agreement, 6. RECORDING, Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein, 7, CERTIFICATION OF OWNERSHIP, Tenant- Seller hereby warrants and certifies under penalty of poiju y that Tenant- Sellor is (lie owner of the Improvements and that no document has been signed by or on behalf of Tenant - Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant- Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 81 PERMISSION TO ENTER PREMISES, Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections, provided 'Buyer provides seven calendar days notice to Seller, and Seller agrees in writing that the inspection time proposed by Buyer will not unreasonably itnpair of affect Seller's operations at the Premises. 9, BULL{ SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10, CONFLICTING INTERESTS, In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or .knowledge thereof, withhold an amount otherwise payable to Tenant-Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien, The withholding of such funds shall not prevent Closing of this transaction if the total fiurds to be withheld from Tenant - Seller do not exceed the net amount to be paid to Tenant - Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withhold funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant- Seller. A general creditor's claim shall not be deemed to be it claim against any specific item of Improvements and Tenant- Seller hereby agrees to accept all responsibility therefore. Unless otherwise_ provided, it shall be presumed that Tenatnrt- Seller is entitled to payment wider this transaction for the Improvements, It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements, 11, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and /or Tenant - Seller's interest in the Improvements, Tenant - Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified 9467755.1 -- N1565.1 25F -25 herein. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action, 12. CLOSING PURCHASE PRICE ADJUSTMENTS. Recording of the Quitchrirn Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the.following adjustments: A. Pay and charge Tenant- Seller for any and all current and /or delinquent taxes and any penalties and interest thereon against the Improvements and the Tenancy Interest, and for any delinquent or non - delinquent assessments or bonds against the lmprovements and the Tenancy Interest, B. Pay and charge Tenant - Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs Sand 10of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant - Seiler. 13, FULL AND CQM$LE7'E SrTTC �MENT. A. Tenant - Seller hereby acknowledges that the compensation paid to Tenant Seller through this Agreement constitutes the full, and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the hnurovennents and the Tenancy Interest and any dislocation of Tenant - Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claims that Tenant - Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Improvements and the Tenancy Interest , Tenant- Seller hereby disclaims any right, title cr interest.in or to the Premises, Tenant- Seller and Buyer and each and all of their agents, representatives attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees "), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Improvements and the Tenancy Interest, Additionally, Tenant - Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, statutory interest, claims for inverse condemnation or unreasonable pre - condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Improvements that Tenant - Seller may have against Buyer, its officials, representatives, and attorneys, B. Seller acknowledges that, in accordance with applicable provisions of California law, Seller may otherwise be entitled to the payment of relocation expenses, compensation for loss of goodwill, just compensation, Inverse conden- oration, unlawfld prc- condemnation conduct, and other benefits and claims other than those expressly provided for in this Agreement in connection with Buyer's acquisition of the Property. Seller, of behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that Buyer's performance under this Agreement constitutes full and complete satisfaction of Buyer's obligations to Seller with respect to such claims. Seller acknowledges that it may be entitled to benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United States Code ,1469755.1 •-N1,565.1 25F -26 section 4601 ot. seq. and /or California Relocation Assistance Law, as amended, or the Reat Property Acquisition Relocation Assistance Rules and Regulations, As a result of this Agreement, Buyer waives any right to relocation assistance, moving expenses, or other payments to which Buyer might otherwise be entitled under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United States Code section 4601 et, seq. and /or California Relocation Assistance Law, as amended, or the Real Property Acquisition Relocation Assistance Rules and Regulations, as payment for said benefits is acknowledged to have been compensated for pursuant to this Agreement, 14, ACKNOWLEDGMENT CONCERNING CIVIL CODE rSECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as Follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if ]mown by him or her must have materially affected his or her settlement with the debtor." Tenant - Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant - Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or tinder any statute or common law or equitable principle of similar effect, Tenant - Seller: 15. CONTINGENCY.. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Doed from Tenant - Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant - Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the Bill and eoniplete settlement and purchase of the Improvements and the Tenancy interest. 17. AUTI IORIZATION TO EXECUTE. Tenant- Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Te4tant•Seiler and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant- Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19, SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created Linder and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 4403755.1 ­ N1565.1 25F -27 20. WARRANTIES, RF,PRESFNTATIONS AND C()V)wNANTS OF T NANT- SELLI , Tenant- Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency, B. Until the Closing, Tenant - Seller shall maintain the Improvements and the Premises in good 'condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C, Until the Closing, Tenant- Scllcr shall not do anything which would impair Tenant - Soller's title to the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order, E. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which. Tenant - Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F, Until the Closing, Tenant - Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, inunediately give written notice of such fact or condition to Buyer. 21, HAZARDOUS WASTE. Neither TenanhSeller nor, to the best of Tenant - Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials ") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, tinder, in, or about, or the transportation of any Hazardous Materials to or from the Premises, The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the 'United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20,. Chapter..6.5 ( Iazardous Waste Control :Law), (ii) defined as "hazardous substance" under §25316 0l' the California Health and Safety Code, Division 20, Chapter 6.8 ( Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", of "hazardous waste" tinder §25501 of the California health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant 4463755.1 •- N1565.1 25F -28 to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq, (42 U,S.C, 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 56901, et seq,(42 U.S.C. 86901). 22, COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant - Seller's knowledge, the Premises and its use complies with all applicable laves and governments]. regulations Including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of tine city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus, 23. INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, shit, proceeding, loss, cost, damage, liability, deficiency, tine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out o£, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any .Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, ride, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising .from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or omissions of Tenant- Seller herein, 24. ATTO EYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum Eta its attorneys' fees and costs. 25, COUNTERPARTS, This Agreement may be executed in counterparts and when so executed by both panties, each counterpart will constitute an original document. 26. BINDING EFFECT, The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto.. 27, ENTIRE AGREEMEN'.1', This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the clay and year set forth bereinabove. 4463735, I --N1565,1 25F -29 Mailing Address of Tenant- Seller Tenaut- Seller George De Anda By: Date., 2 Mailing Address of Buyer Buyer 20 Civic Center Plaza, M -30 THE CITY OF SANTA ANA Santa Ana, California 92701 4463755.1 • -N 1565.1 David Cavazos City Manager Attest: By: Maria D. Huizar City Clerk Approved as to Form: By:-, `ham'. jq§t M. Punk Assistant City Attorney Date: I (- l ±_ L� Recommended for Approval: By: _ Tied Mousavipour Executive Director - Public Works Agency 25F -30 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain reel prapety vituater-I In the County of Orange, State of California, clescriber-I as follows: Wt 32 of Tttirr fJr. 4123, in the City of Santa Ana, County of Orange, State of California, as per Map filed in of Miscelkneaus Maps, In the Office of the Caunty Recaeder of salcl County, E %cept the Southerly forty feet thereof, Agges.ticByrrl NLlrnbC, -I-' 405- 274 -12 All that certain real property dUmted in he County of Grange, :state of California, described as follows: Lot 31 of L4rr. , r.. rl + ,, In the City of Santa Ana, County of Orange, State of Cali nVa, as shown an a Map thereof rea5rded In NaLIZEMLIA of hlINNIaneOM flaps, Records of said Orahcle County, Assess % Parcel Ntn7Arer: 405- 274 -13 44Q7511 .- N0611 25F -31 EXHIBIT B IMPROVEMENTS PERTNINING TO THE 12PALTY cII., 141 I ;E'C)I, t:;hl'r'I It.ltrd151. +]:)n±1'rAfl(1!?IA9 I)Ii ARCM I%'ll'C';134`I3MS',l�'`I ;5 I''1E1 "CAII•VINfI'1 "4'1'I't(ki RGr1L'l "Y IT-I CiCTIVh. L }ATH OV h +nll,llr3 • F.E:[i)t1. ARY 2,=( Fail, Mlurhn( Iwo) vilkllt In No� 1fu,scrl a(irsla 111a0e I z C;hu7Yltel latum,algi n, id "''. 2411 high, nwfill L)MAldl, $14,000 IIIf;.1.'It31' li1L1111111i11iYa11, Is1f1611r1 161;9p111, "Tacim Ja De AIYdd ,niq I[ o*- o1l'i'rice, N'klil• IYISfUl1i6<I 1 I i "lliumol latter. °;Ip,IY,. I')." - III high, motni cabinCt, Inlurlor IIIn IYalnnIIPIY, I'ylaiSlC l''ilfi4ltS, "'I'11t1aIPpl'I7Y 1. >R ,�IIII41', WIYI1- 1114511IIP,{;{I 3 I C:I1tg5rYUl IC0,151'.1d §II„ I ?" IYlgli, moini obinfll, Interior :.1,65(1 111u1Y11untilnY, plll,tic viscils, "5'llo Mcnicaul'h o ", woll. 77aPll lltcd h I 1'hrl5.u,•I,II elarvic.0 tti•h�daH•, � °B'° v �tiFI" n I R ", 7t6nlnto,el 1,12.;5 slcal tram {s,,(;Ings, 2 l'oldinP ticsnra, sllnhtle s steed sarvlac eowifor, 2t1" x 16" 5 3 lix(ln'ipr allude uetlopies, p litlwd stool constraluticnl land rrontR, angled slot care:ring„ willb'llmarlltug, ao sin(ing pi'. A' IJII �. "111 yi Slip 1 7',,,l2f G 1 Mom sigpl, "I' s I.'V, rnetnl I'laino+, pltmlite t'trat:wn, with 211U pl•IIYIN {I graphic dVCIC'I'11Y I; alld 71tv"(1 110111, Ip• IAlIQ:S }1 16 LillL111' fRb1 l'Sp11LII,lI';an[tL,.r21i hip'll, (li blllnr IIIcIfII, 1110W trite i'cise•ia, nsllhttll bsllt .d, with 2 ImIus(oh, 12 "x. 12 ", ctau:rnie F:dtrrfiir"ocvn.nl;d will !'i>_'thlu, 6" dl'mncse:r, Y3u1:�rb3[un51 " -3 ;5)511 9 1 `.AIlor 1untca',1'urli;ct, Aoki alt),: 17548N.2, Y:" gallon, 7S,IOI1 t3'14 (g1 I, tII,t i anti, with pudcr.;ral, ulnth{pnd( l71rap; and 1111'11 ^roof Veill Il 4 I''Iflor S1111Ci; 1'CCoW;YRI, g111111Ild Olk Illl'f1111, i!B F11 Y', 1011, ;iuMerrnncun plul lbiutV I l Srut,u'i(y'ti(,lar, 36" x K.. ", lllhllb i ulrnd, n1r.,h l:uroldni, 4511 25F -32 f,' iI713it1STt:71.,1 ",t)"MRPRISHIS DBA TAQUERJA 111F ANDA IA PROVI- li'vWNTS REALTY h;F1'fiC: "I`IVE: Lb11'1"I3 Orl VALOF - I''l-.13R( ARY 2, 2016 Vnir Market Item valtie III No. Qty. 19w fillt(�m i'In +ae I7 1 All' unrlAill, CO Intlttrl HOr , 42" wlou, illoull, vlocl leal I,5Ufl 13 1 WUttll shelf, 40" x 20", Mdulvsti %lecl, with Willi ilr dcots :fig 14 I Mop Iloor;sink, 40" x 10" x 25 ", (Imlay tilu oovea'In,g, wl(h wtllf Gnlcw, single Infixing, pininbi» g 1s 3 Vloo' drahls, 5" dinlumor, lImIll grate. top ! i11:4d1 IG 21 laltlenricnd< >faicrVjC, a lfiU619110ClCaanter,:33 "IlWlx I ➢,tl1Cf 112" d(ep, 81i11111CR:; Ve,31, 2.1 kr1111dOP III) L)Ivillg, 3 (11q)io $loatll Pn111es, 2 Itnea9;i. guard soulimis, I - 11' k 271', I .. fail" x •17 ", 1kibil l:,r SNIP, I C.' i9.31CCi t A-01710 With 91033 PZU1010 17 1 49'rdk-ln coulvr, 10' e 9' x V, ka14VnniZecl metal panr.l I;S,,tlI1 5;041£;1 i'll:a loll, ijilel -irl. lI np11111p11i >Il, I (Innl coil 'rim Mole, I.,tirldit, singlo toot, 33" x 78 ", roof-I omiled CrNtiIHLRSral 18 I SI11111amysilrl<, JO' x 28 ", sli lnless edcvl, dual {Ini,in @narkb, 2 ,aingle Inixiu„ flvaccls, I flow waitd, S- cinnpnrtlrlaltt, hIt6 ilbI1g 19 1 Wall NiIN, 101 X %dl ", 41F4111h'.;ik;it.Cl,,Vilh 11'3111 bradkc 5 ilidd.l 110 .i Sm veiliaiwo c1111Ufmi, At' um Vio , IIICkldi't A. ubtIfIR, 97.1 vm[l I'llptnlls null (,l + >etrlcal 21 2 O' Jlir,g sj:,lnkur:,, 12" dianiMr, inolu(Iislt3 Medic) OLAing Jd7 22 I %+1111 ;511x11, 1 . ' \ 2.0 ", :..liltllll S, :w!d, ),4'ith h—li "..kris 2 I ' dill :' C.I19111S:4t4U1}� II17 {II( ^llp fill' Si:u JYliiISCf 160 ?4 1 I lillid wash sink, 18" r, 1, 5 ", td,lil lcsrl ali:e:1, rdn lw mix.p„ dil 11 ftillno, Illwld+ini;! s1 i I Wall YI }i,*I1, 2` ".>6 12 ", sminlnyli:atv.el 95 2rY I I15V'I.IEIII l'9A'3Ip"' for in;thnp t'llf, roo -Illomttet C4 ?Inhl'0.i;Ol' 1,675 25F -33 (.it) 13Rwrlyl, ItT +rl'li(t['l:1SLiS DHA •I AQL)l.wXl A r)li AI' DA txnl)rxr,)vt,n�t:r��t,s ryTl.lt °rAlr!lrtc:i'rc)�ral.r strnt.l °�� 9?,I�fili[;'1'sVF, I: >A'1'�: tll+ V741.,C ?L`' • Ia7I;�[E,lb'11tk "�, 2ttl('s hill. mflr4'l Isam Uwe in N o, i' I:)ascri Ilion Plaac, „lbe, 2'7 2 Cc.il.ilrt! (c;Buviwlrm l,Yowlts, 171610 :i+lfl ?8 i P,xhauat 9l+ od, 1'2' x ", slslklrtuss sicek,11MI'l::rr�i' lai,it117 4o11l 0 M loll, i1kvior i llaltlbuiliall1 NvNt fire %l'll7l'PI'c^681on syrletll, !)y rta -c;h lt,,'I yet „I ln: >.. rlrot;rls, s (arhlls Isla Ilua(Ia j,U( L)I lAlitInjl gas p1pi11(S lincl c411nuct.lan 0or 7 oiloklllgi 2,310() witvlll Ind; ltpp 11lillow l.i:i . 811ta11! Il fVQt pt 8(t'IinI4 5i a4C3i will! 4iJV'[;.I'It7�t” {)' llf„lrll l Willi %hdf" 7Ci "' x 1214, M alolvag net:Ul, with wall !re't�laS;Utei � Nil „41 32 ;M6 5giukre i'ma raracconlioll k{sclivily gale it) dining nl'ca, nruial frame.anclsl{ {Cutmck I,I ril :ti(1417iSc lee( r)r {11111rYy' Illtr 11Umaa' og, (2" x 12" Willi il" Val }},h OdSll11{)S {: C.pVlae 34 I,(! „li) Xquill -o l8'C'l {)11W,1$Il7l lth lill6 h1C `• UoUlll$ wnboitiicit viol j$ 1 1111191 -ht disk, 53” x 2,)", i c)dllil ilmlo8181, wood, lontIIlik 40 tap 3Ci SI.S I, inaatrt'.: clur�r' lrllc; Ihim ,tly,9 {I "hi};Il,r:nnti,7- llln)r Cf13 ;i7 I 1'crtltl l)I'tl 14 bi779.,'I2 "Ndel ",$It1);IC tA')ial7ftl'ldllCl'l1, I d"1111 11UalY,, SIogle Iltt %111f{, fool ul, 1 spl!l5hf(u[II'fl, 1111111'IIY 1111;: 3, N'Mll shall', 41i" x 14 ", "i"Jililess Sw—1, wil11 will llrl!r.ltcla ICw 'tl7 ?12 Itlt! ru' ul' tnzll. al'Wanhoblc, t ,llrfiusay.allpunta;,i)'liip,h, 93,5 c1liboetsucl Inm iunla rl (f I ;y I,a17(4.i•'YiI I'A11'IfY }.'yl'UtCiC ll'(It1v ?JI" R ),(n !i1.C1a c�14't'rl', 117 �'S7f11) }xlohint; lul in rrat• of hltilelinrq 4463755,1 ••N1565.1 25F -34 01) RRIS OI, Iii*I"i' RI"RI51.i;+ DDA'I'AQI. FRIA D i ANDA ITYIPRO' JEM B1 'C'SPL'ATAIN IN( i'8"f.1'I'681s] I. TI'. T',C I' fVHD A 'CI,0YVAI,IJI ;- PL,'3 RtJ,rIRY2, niti t nir Morhot No, Qty, Description I'lacu I1 I I,ca1 ki,ludIn iuns, amdutlinyt, but w50 mot. I1.114iutl lo, G1t,olm" lwollurs, wall buh,a Ill inluse s Icol oornor gti aak and Ill! odlocols Agoli a TOTAL 1141PROVENItN'I','S I%tkTATNING TO TI lls REAL; Y w, 512(),!1(11 4467755.I -- NIS(S.I 25F -35 25F -36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH ADVANTAGE MAILING FOR PRINTING SERVICES OF THE QUARTERLY RECREATION BROCHURE {STRATEGIC PLAN NO. 5, 6C} CIT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Advantage Mailing to provide printing services of the quarterly recreation brochure in an annual amount not to exceed $25,000, for a term from January 17, 2017 through February 16, 2019, with two, one - year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA), on October 31, 2016, issued a Request for Proposal (RFP) for printing services for the quarterly city news and recreation brochure. The Agency received 3 proposals from interested companies. One was proposal did not submit the required documents and therefore was not considered. An evaluation committee consisting of two representatives from PRCSA Recreation and one from PRCSA Library- Technology reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows: Company Ranking Advantage Mailing 1 1 Color Printing and Mailing 2 The committee ranked Advantage Mailing higher due to their experience in working with the City and proximity of their offices, which is helpful as transfer of materials, to and from offices, must sometimes be hand delivered just prior to the printing deadlines. The City proposes to enter into a two -year agreement with Advantage Mailing with two, one -year renewal options, for printing services for the quarterly city news and recreation brochure. 25G -1 Agreement with Advantage Mailing January 17, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy C (Integrate a variety of health and wellness programs into existing programming at each of the city's community /recreation centers (e.g. Develop equitable health access points)). FISCAL IMPACT Funds are available in the following accounts for the specified years of the initial term: Accountina Unit 01113230 - 62300) FY 16/17 FYI 7/18 FYI 8/19 12,500 $ 25,000 $ 1 Funds are available in the following accounts for the specified years of the two, one -year renewal terms: Accounting Unit PRCSA- Recreation (no. 01113230- 62300) Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement FY 18/19 FYI 9/20 FY20/21 $ 1 12,500 APPROVED AS TO FUNDS AND ACCOUNT: S e Francisco Gutierrez Executive Director Finance and Management Services Agency 25G -2 AGREEMENT FOR PRINTING SERVICES FOR THE CITY RECREATION AND PROGRAM BROCHURE THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Advantage Mailing ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. On October 31, 2016, the City issued Request for Proposal No. 16 -133, by which it sought proposals from qualified firms for printing services for the quarterly news and recreation brochure published by the City. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -133 as Attachment 1 and that is attached to this Agreement in its entirety as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference, 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B or as otherwise mutually agreed per project. The total annual sum to be expended under this Agreement shall not exceed $25,000 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 January 17, 2017 and terminate on January 16, 2019, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. Ahigit 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Mit4 (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) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (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, 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 tire events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. P -MV 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" 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 an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder 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 mamler 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: To Contractor: Gerardo Mouet, Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Advantage Mailing 1600 N. Kraemer Blvd Anaheim, CA 92806 MTI`• •0 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 Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be tenninated by the City upon thirty (3 0) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Consultant 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NONDISCRIMINATION 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 :Mt 1 recruitment, selection, training, utilization, promotion, termination or other employment .related activities or in connection with any activities under this Agreement. Contraetor 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 cortneetion with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing ofits inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement, 17. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature 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 Agr:eenicnt Ilia date and year first above written. ATTEST: Maria D. Huizar Clark of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Johrr Funk Assistan t City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Name: Title: Ad't6 RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency tj�Y1 'Ire i Appendix AT'TACHMEN'T T SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PRINTING SERVICES FOR THE QUARTERLY CITY NEWS AND RECREATION BROCHURE RFP NO,: 16 -133 1. The City of Santa Ana is interested in awarding a professional services agreement for the City's Recreation & Program Brochure, The Brochure is published four times a year; each publication averages 25 pages and is distributed by U.S. Mail services. There is a 4 page glossy cover/back that is a part of the 25 page average; the interior pages are two -tone (black text in a PMS color). 2. The initial proposal shall be for a term of two years, and shall include a renewal option of two additional one year periods. Maximum term will be four years. Pricing shall be firm and fixed for the term of the initial two year Professional Services Agreement. 3. Supplier will provide all personnel, equipment, supplies, printing and transportation necessary to perform graphic design services as outlined in the scope of work. If additional items are needed, include all appropriate pricing details, 4. The City of Santa Ana reserves the right to evaluate the production of any or all of the brochures, and to rescind the award if quality, value and performance do not meet the satisfaction of the City. 5. All quotations should include state sales tax, itemized separately. Please make sure that pricing for each element of service that you provide is included. The current publication can be viewed on the City of Santa Ana website www.santa - ana.org although there may be layout and formatting changes at any time. 6. The City of Santa Ana is a PC based organization with a PC based design group that works in Adobe Creative Suite. Brochure files must be saved in PC format and in the native application and with version CS5. All graphics are preferably vector artwork. If artwork is a photo /image, they are to be medium to high resolution (200 dpi mininnmi). Do not embed graphic /photo files into the documents. Cover design/artwork should always include high resolution photography (large format with at least 300 dpi). If Contract Designer works on an Apple .platform, the brochure files roust include fonts (Open or TrueType faces) and links that are compatible with PC environment as well. 7. City Graphic Designer will develop lay -out, inside text and pages and will require from the company proofs of cover and Blue Line. Additional corrections and proofs will be required from printing company to submit either a new set of the blue line or PDF. 8. Project dates: Contract Designer usually has about 7 weeks to complete the Recreation Brochure with a proofing and production schedule to be mutually agreed upon with Brochure Coordinator in advance. The dates provided in the schedules found in Attachment A are approximate in order to give Designers an idea of our productions schedule. City of Santa Ana __W 16 -133 A6' e10 2 -I 1 9. Include a list of five customer references having a similar scope of work as specified in this Request for Proposal, 10. Describe any additional services you can provide which have not been listed in the scope of work. 11. Vendor must be Adobe InDesign 6 or most current version capable on both MAC and PC platforms, The City will provide an electronic PDF file, with all fonts, graphic elements, aid photos included. Scope of services includes, but is not limited to the following: All outputs are the responsibility of the vendor, 12. The vendor is to rip, trap, and output final proofs. 13. One round of match print and blue line proofs, and multiple rounds of laser proofs showing corrections are required prior to plate output. 14. Match print proofs for color and one blue fine proof, backed up, folded, and trimmed to final size as required. 15. Additional proofs are required until approved corrections are made. 16. The City will provide the photos and electronic files. 17. The Vendor will provide professional printing services for 4 Recreation Class Catalogs per year. The Graphic Designer will prepare the. final approved document for printer, delivered as PDF files. The vendor will provide to the Graphic Designer one set of prints for final review Requirements: 4 _cvr + 24 pg book Cyr -4/4, 80# 43 gloss book Text -2/2 (blk4pms 532), 324 75 hibrite Stitch &trim to 8 -3/8 x 10 -3/4. Bindery: Fold, gather, stitch, trim to 8.25 "x 10.5" and carton pack. Note: Critical color match and bindery crossovers throughout. Mailing: hiWet address, soil, bundle and label for simplified mailing, deliver 8,000 to Santa Ana Post Office. Mailing trays and route information are the responsibility of the printer. Printer to include "Must Deliver by Date" on all pallets delivered to post office. Proof of delivery to Post Office is required before payment. The cost for mailing must be included as a separate line item on the Cost Proposal. A calendar of deadlines will be updated and provided to the vendor. Excess brochures (approximately 4,000, amount vanes by season) must be delivered to the City prior to Post Office delivery. 18. Paper type and printing process to be same as brochure. This item roust be shown as a separate line item in the Cost Proposal. All proposals shall include a timeline for printing and delivery of the City News and Recreation Brochure from the receipt of award of contract for services. City of Santa Ana RFP 16 -133 EXHIBIT B 26bb-'Y3 CADVANZAGE Quote printing . mailing >marketing 1600 N. Kraemer Blvd, Anahelm, CA 02806 Phone; (714) 636.3881 , Fax (714) 632.1203 Willem Sandoval City of Santa Ana quote 156995, 1825 W, Civic Center Date November 7, 2016 Hours, 7 AM • 6 PM Santa Ana, CA 92703 Ph: 714. 571.4258 Fax: Project City of Santa Ana - 2016 4 cvr + 24 pg book Cvr -4/4, 80# 03 gloss book Te4-2/2 (blk +pms 532), 32# 75 hibrite Stitch &trim to B -3/8 x 10 -3/4 4M bundle tie, 8,000 malls FOB; Santa Ana 2x dock Components Prt- 4cvr 2up -HW, Fri- 24pg slg -0, New Bound Camponent(Bound Prt- 4cvr 2up -HW 12000;Prt- (q�24pg sig -0 12000), (1) 24pg sig -0 SW� maa� ... �,���U "f✓,�wA/�r _ _ .. 4. Services '*Printing " *Printing - Prt- 4cvr 2up -HVV "Printing -Prt -24pg sig -O " *Printing - Bindery DP- Reformat/Upload Files (Per File) DP -NCOA Link Processing Service DP -CASS Processing DP- Postal Sort Addreas.Create Inkjet Image File DP - Full Servlca Surcharge Address -lnkJet Magazines Black Coated Presorting -Sort & Sag Flats Dolivorto Santa Ana SCF Deliver to Customer Total Cost for Services Total Estimated project Cost quantity Setup Rate per Price 12,000 $102.73 /In $1,232,73 12,000 $184,33 /ln $2,211,00 1 $307,936, Im $397,94 00 1 $50,00 ea $60,00 6,000 $3.50 /m $60,00 8,000 $3.00 /m $40.00 8,000 $2,50 Im $4100 1 $25,00 as $25,00 6,000 $26,00 $0.75 /m $31,00 8,000 $4000 $26,40 /m $251,20 8,000 $17,00 /m $136,00 1 $50.00 Be $50,00 1 $75.OD as $75,00 4 890 12,000 Un1tPrlcer $'0,383 , 4.890.77 Quotation SUBJECT to ro -quote upon receipt of customer artwork, film or mall piece, Postage MUST be rocelved prior to drop, Actual postage may vary from estimate, 25U14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH DULAC ENTERPRISES DBA BIG RED BUS FOR TROLLEY SERVICE {STRATEGIC PLAN NO. 3,4F) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading El Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Dulac Enterprises (DBA Big Red Bus), to provide a lunchtime trolley service in downtown Santa Ana, in an amount not to exceed $93,600, for a term beginning January 24, 2017 through January 26, 2018, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Downtown Santa Ana Lunch Trolley service was developed as part of the Downtown Enhancements and Parking Modernization Plan, adopted by City Council on August 4, 2015. The purpose of the lunch trolley service is to bring more daytime customers to downtown from the Civic Center area. The City launched the lunch trolley service as a pilot program on June 1, 2016. Pilot Operation From June 1, 2016 to July 31, 2016, the lunch trolley operated on Tuesdays, Wednesdays, and Thursdays from 11:30 a.m. to 1:30 p.m. The trolley route (Exhibit 2) included 5 stops total, including the Orange County Courthouse, City Hall, and three downtown stops (4th and Broadway, 3'd and Sycamore, and Bush and 5t'). Partnering with the Downtown Santa Ana Restaurant Association, the City implemented a web -based trolley tracker and invited several downtown restaurants to participate by offering free tastings on the trolley to promote the service as well as local businesses. The pilot operation was interrupted prematurely as the operator was unable to renew its Workers' Compensation Insurance due to an audit as the vendor was going through an audit. The audit is now concluded and the operator has since renewed the requisite insurance policies for this service. 25H -1 Agreement with Dulac Enterprises for Trolley Service January 17, 2017 Page 2 Pilot Evaluation During, and since, the operation of the pilot program, staff has met with local restaurant owners, members of the Downtown Santa Ana Restaurant Association, and representatives from the downtown business improvement district (BID), to evaluate the success of the lunch trolley service. To date, all feedback has been positive. Several restaurant owners shared that they experienced increased foot traffic and lunch sales during the two months that the trolley operated. In fact, City staff has received several inquiries about the return of the trolley since the pilot program concluded in July 2016. According to representatives of the downtown BID, some local restaurants have noticed a reduction in lunchtime sales since the trolley program ended. During the trial period, daily ridership on the free trolley service ranged between 80 -110 passengers per day. Selected Vendor In September 2015, the City solicited bids from local trolley companies to provide a lunchtime trolley service in downtown Santa Ana. The City received three responses from interested vendors. Dulac Enterprises (DBA Big Red Bus) was selected for their experience and qualifications, reputation for excellent service, reasonable cost, and, importantly, their ability to meet accessibility the requirements of the Americans with Disabilites Act (ADA) — something that the other vendors were unable to accomodate. Dulac Enterprises was the only vendor that could meet ADA requirements as other vendors were unable to supply a vehicle with a wheelchair lift. As such, Dulac Enterprises was selected as the preferred vendor in May 2016 and the pilot program began on June 1, 2016. Staff recommends that the City enter into an agreement with the operator of the trolley pilot program, Dulac Enterprises, to provide a lunch trolley service in downtown Santa Ana for one year, beginning January 24, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 (Economic Development), Objective 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy F (partner with downtown business and merchant associations to program events that showcase restaurants, shopping and entertainment venues — e.g. bus trolley tour, food festival, craft fairs, farmers' markets, etc.). FISCAL IMPACT Funds in the amount of $93,600 are available in the Downtown Enhancements and Parking Modernization Plan account (no. 02710133- 62300) for possible expenditure in FY 2016 -17. 25H -2 Agreement with Dulac Enterprises for Trolley Service January 17, 2017 Page 3 Fiscal Year Spending Projections Robert C. Corte (� Deputy City Manager City Manager's Office APPROVED AS TO FUNDS AND ACCOUNTS: lcw 13z�,X 4 4 Y . k Francisco Gutierrez Exhibits: 1. Agreement with Dulac Enterprises 2. Lunch Trolley Route and Stops Executive Director Finance and Management Services Agency 25H -3 25H -4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this day of January, 2017, by and between DuLac Enterprises, dbe Big RED Bus & Long Beach Trolley, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant to provide a lunchtime trolley service in downtown Santa Ana. 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 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 Consultant shall provide a lunchtime trolley service in downtown Santa Ana, which will operate Tuesday, Wednesday and Thursday between 11:30 a.m. and 1:30 p.m. as set forth in Exhibit A to this Agreement. In addition, Consultant will provide ADA compliant trolley /bus services pursuant to the attached proposal and bus route. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a rate of $600.00 per day of trolley services. The total sum to be expended under this Agreement shall not exceed $93,600.00 (calculated as 3 days per week for 52 weeks) 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 January 26, 2018, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. flgie 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 its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain Insurance as described below. If the Consultant maintains broader coverage and /or higher limits than the minimums described below, the City requires and shall be entitled to the broader coverage and /or higher limits maintained by the Consultant: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall Include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25H -6 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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 indemnlfy the City for any work performed prior to approval of insurance by the City. B. INDEMNIFICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, legal counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims: (1) for personal injury, including death, and claims for property damage, arising from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in Section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of 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. The Consultant further agrees to Indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for legal counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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. 3 25H -7 8. CONFIDENTIALITY If Consultant received 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 and disclosed 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. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Copies to: Mro1 Executive Director of Community Development City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.Q. Box 1988 25H -8 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6515 To Consultant: James DuLac DuLac Enterprises 395 E. 41h Street, Unit 22 Long Beach, CA 90802 A party may change Its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. if sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of 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 or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. 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. 13. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination to the Consultant. in such event, Consultant shall be entitled to receive and City shall pay Consultant, compensation for all services rendered prior to the effective date of termination. s 25H -9 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES 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 Sates, 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signature Page to Follow 25H -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Gerardo Mouet Clerk of the Council Acting City Manager APPROVED AS TO FORM: Sonia R. City Atha M Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Robert C. Cortez James DuLac Deputy City Manager Owner DuLac Enterprises, Long Beach Trolley 7 25H -11 dba Big RED Bus & r�•4:n.3W.- ROUTE AND STOPS MAP AND SCHEDULE 25H -12 25H -13 EXHIBIT B 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 25H -14 • CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: AGREEMENT WITH LIDGARD AND ASSOCIATES, INC. FOR REAL PROPERTY APPRAISAL SERVICES {STRATEGIC PLAN NO. 3,5A) CIT M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Lidgard and Associates, Inc. for real property appraisal services for a three year period from January 17, 2017 through January 16, 2020 in a total amount not to exceed $30,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In August 2016, the Public Works Agency (PWA) issued a Request for Proposal (RFP) for on- call right -of -way coordination and property appraisal services. As a result of the RFP, City Council authorized agreements for right -of -way property appraisal services with three firms, one of which is Lidgard and Associates, Inc. (Lidgard). Lidgard received the highest rating in the RFP. Since PWA's agreement with Lidgard was specific only to right -of -way public projects, it has been recommended that the City enter into a separate, real property appraisal service agreement for other types of projects. In light of the recent procurement process conducted by PWA, it is appropriate and acceptable to enter into a new agreement for property appraisal services with the firm(s) that have been determined as qualified and experienced in the field. Lidgard is willing and able to provide appraisal services for potential development projects in the City at the same fee schedule as provided in their response to Public Works Agency's RFP. It is unknown how many potential acquisition /development projects may require the need for property appraisals. However, an existing agreement with a professional appraisal consultant will make it possible to explore development options more efficiently. Other departments throughout the City have utilized Lidgard in the past for a variety of projects and have been satisfied with the services provided by the firm. Therefore, staff recommends the agreement with Lidgard for a three -year period, commencing on January 17, 2016, in a total amount not to exceed $30,000. 251 -1 Agreement with Lidgard and Associates, Inc. January 17, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #3 — Economic Development, Objective #5 (leverage private investment that results in tax base expansion and job creation citywide), Strategy A (identify and market underutilized properties (city and non -city owned) for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT Funds in the amount of $10,000 are available in the Economic Development, Contract Services - Professional account (no. 01118810- 62300) for possible expenditure in FY 2016 -17. The remaining $20,000 will be budgeted in the various program budgets for FY 2017 -18 and FY 2018 -19. Robert C. Carter—` Deputy City Manager City Manager's Office RC /SG /sb Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez I-0, Executive Director Finance and Management Services Agency 251 -2 AGREEMENT TO PROVIDE REAL PROPERTY APPRAISAL CONSULTANT SERVICES THIS AGREEMENT is made and entered into this 17th day of January, 2017 by and between Lidgard and Associates, 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. The City desires to retain a consultant having special skill and knowledge in the field of real property appraisal services. B. Consultant represents that it is able and willing to provide such services to the City, as described in the scope of work attached herein 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 provide real estate appraisal consulting services, including preparation of studies and technical reports and other necessary services, on an as- needed basis, at the written direction of the Executive Director of the Community Development Agency, or bis/her designee, in compliance with the Scope of Work, attached herein as Exhibit A to this Agreement. COMPENSATION a. City neither warrants nor guarantees any minimum or maximurm compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under this Agreerent, including any extension period, shall not exceed $30,000. 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 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 stated above and continue through January 16, 2020, unless tenninated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a single (2) two -year period upon a writing executed by the City Manager and the City Attorney. IG U l 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 Agreerneat 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 dociunents 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 lim4ation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 25f-4 workers' compensation or to undertake self insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $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 temlinate 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. INDEMNUICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, jest 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 represcntatioa in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent 251 -5 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 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under 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 casts 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 rmder 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 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 stay 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 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 the 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 25t -6 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: To Consultant: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6549 Lidgard and Associates, Inc. 2592 North Santiago Boulevard Orange, CA 92867 -1862 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 patty 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 consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior 251 -7 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. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreerent shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) 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: I'll As a condition of such payment, City 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 urAess 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. 17. 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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 govern mental 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. 251 -8 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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: . Jo Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Lidgard and Associates, Inc. Scott Lidgard President 261 -9 EXHIBIT A SCOPE OF SERVICES • Review of requirements by appraiser; • Collection and verification of relevant market data by appraiser; • Interviews with knowledgeable professionals such as brokers, developers, owners and operators, as well as local government personnel regarding real property values, real estate taxes, and zoning and building code issues in the area; • Review of material submitted by the city to appraiser; • Clarification of any questions with the city; • Physical inspection of subject property by appraiser; • Inspection of comparable sales by appraiser; • Description of property and project by appraiser; • Determination of highest and best use by appraiser; • Develop approaches to value by appraiser; • Reconciliation of approaches to value by appraiser; • Commimieate findings to the city via; A Preparation of appraisal reports, which includes the most pertinent data and analyses used in estimating the final value conclusions; and ➢ Preparation of appraisal reports with a summary in a format acceptable to the city, prepared in accordance with the requirements as set forth in Section 7267.2 of the Government Code, the Uniform Standards of Professional Appraisal Practice, and any other applicable County, State, and /or Federal regulations, guidelines and /or any other applicable statues for appraisal reports. 25P10 EXHIBIT B FEE PROPOSAL The following fee schedule Includes all expenses incurred in connection with the real estate appraisal service and will remain firm for the three -year contract period. In the event Lidgard and Associates, Inc. i5 authorized to engage appraisal services for specialized equipment items or business valuations, it is assumed that the fees for said services will be reimbursed. The consultant's billable rates will not include mark -ups for overhead and profit. Single Parcel Multiple Parcel PropertyTvQe Assignments Assignments Partial Take Acquisitions: Vacant land: $3,000 - $3,500 $2,200 - $2,700 Noncomplex residential takes: $2,500 - $3,000 $2,200 - $2,700 Complex residential takes: $3,000 - $4,000 $2,500 - $3,500 Noncomplex commercial takes: $4,300 - $5,000 $3,300 - $4,000 Complex commercial takes: $5,000- $6,000 $4,000- $5,000 Noncomplex industrial takes: Complex industrial takes: Full Take AcqutsNons.- Vacant land: Single family residential: Multiple family residential: 2 -10 dwelling units: 11-20 dwelling units: 30+ dwelling units: Commercial properties, Single tenant buildings: Multiple tenant buildings: $4,300 - $5,000 $3,300 - $4,000 $5,000 - $6,000 $4,000 - $5,000 $2,500 - $3,400 $2,500 - $3,000 $2,750 - $3,100 $2,600 - $2,850 $2,650 - $3,500 $2,400 - $3,000 $3,500- $4,500 $3,000 - $4,000 $5,000+ $5,500+ $3,500 - $4,500 $3,000 - $4,000 $4,000 - $5,000 $3,500 - $4,500 The schedule for professional acquisition appraisal services will be based on the fee structure set forth below. In general, the hourly rate of the principal appraiser is $335. Market research associates and office staff are billed at hourly rates of $195 and $135, respectively. Said rates are fully burdened, i.e. inclusive of overhead costs, general, administrative, and profit. As stated, Lidgard and Associates, Inc. Is a fully staffed appraisal firm, and does not engage in the subcontracting of outside appraisal companies. 251-41 EXHIBIT B FEE PROPOSAL (Continued) The foregoing summary represents a general illustration of typical appraisal fees based on the various categories of properties and scope of services. The appraisal fee for a specific appraisal assignment will be negotiated prior to commencement thereof. Court appearance fees and /or deposition appearance fees will be based upon an additional $375 per hour with a $1,500 per half day minimum in the forenoon or afternoon. Pretrial and pre deposition conferences, if any, will be based upon an additional $375 per hour. The hourly rate will be applied for file review, travel time, and additional Investigation deemed necessary by legal counsel as part of litigation. 10 251 -12 • l /. • CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: FY 2017 HOMELAND SECURITY GRANT PROGRAM FUNDING (STRATEGIC PLAN NO.1, 2,6) ` - '. l' CLERK OF COUNCIL USE ONLY: W1920i1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager, and the Chief of Police, or his designee(s) to enter into an agreement with the State of California, California Governor's Office of Emergency Services (Cal OES) for the FY 2017 Urban Areas Security Initiative (UASI) funding. 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. Reimbursement agreements will not be prepared until the award amount is received from Cal OES. DISCUSSION The United States Department of Homeland Security (DHS) has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security (DHS) combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim. The City of Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim /Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim /Santa Ana Urban Area. The Police Department will work in collaboration with the City of Anaheim to develop projects and implement complimentary strategies for responding to acts of terrorism. 55A -1 Homeland Security Grant Program January 17, 2017 Page 2 Total funding for the UASI Grant Program is established through an Appropriation Act set forth by Congress. Award amounts for each Urban Area are determined using a methodology assessing relative risk of terrorism, in accordance with the 9/11 Act. Over the years, Congress has steadily decreased the amount of funding allocated to DHS and subsequently the UASI Grant Program. As a result, the total number of Urban Areas and the award amounts have been greatly reduced. Santa Ana's award amount has steadily decreased from a high of $25,254,334 in 2004 to approximately $4,400,000 in recent fiscal years. The City of Santa Ana will be awarded funding for the FY 2017 UASI Grant Program in an amount to be determined by Cal OES by the third quarter of 2017. Additional funding, in support of the Orange County Intelligence Assessment Center, will also be awarded in an amount to be determined by Cal OES in the fourth quarter of 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #2 (broaden communications, information sharing and community awareness of public safety activities), and Objective #6 (enhance public safety integration, communications, and community outreach). FISCAL IMPACT An Appropriation Adjustment will be submitted following the notice of award for the FY 2017 Urban Areas Security Initiative from Cal OES: revenue account (no. 12514002 - 52001) and expenditure accounts (nos. 12514407- various). Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 55A -2 tb 1. 0317 RESOLUTION NO.2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2017 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY2017 the City of Santa Ana is the lead administrative agency for UASI funding. C. The City of Santa Ana will be awarded funding from the California Governor's Office of Emergency Services (CAL OES) for the FY2017 UASI in an amount to be determined by OES by the third quarter of 2017. D. The City of Santa Ana has been notified that additional funds will be awarded from CAL OES for the FY 2017 UASI in an amount to be determined by CAL OES in the second quarter of 2017. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager and /or the Police Chief or their designee(s) to apply for the FY 2017 UASI grant through CAL OES and upon receiving such award, enter into an agreement with CAL OES for the FY 2017 Urban Areas Security Initiative funding program in an amount to be determined by CAL OES by the third quarter of 2017. Resolution No. 2017 -XXX 55A -3 Page 1 of 2 Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney's Office to prepare and authorizes the City Manager to enter into reimbursement agreements for equipment, services, or training with the County of Orange and any of the cities located in the designated Anaheim /Santa Ana Urban Area for use of the FY 2017 UASI grant funds, Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution, ADOPTED this _ day of January, 2017. ED AS TO FORM: Carvalho, CitnAtto Assistant City AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2017 -XXX Page 2 of 2 55A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: RESOLUTION APPROVING WATER SUPPLY ASSESSMENT FOR THE COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN (STRATEGIC PLAN NO. 3,3 & 5, 2) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r:192- 00IT14 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2 o Reading [] Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Water Supply Assessment for the County of Orange Civic Center Facilities Strategic Plan. In June 2016, the City of Santa Ana filed its 2015 Urban Water Management Plan (UWMP) (Exhibit 1) with the California Department of Water Resources in accordance with California Water Code Section 10610, et seq., which requires UWMPs be filed every five years, for years ending in five and zero (e.g., 2015, 2020, etc.). The UWMP, among its several functions, estimates water supply sufficiency by forecasting the City's water supply capacity and anticipated consumer water demand to ensure with reasonable confidence that supply will meet or exceed demand for the life of the plan. UWMPs are point -in -time estimates that by their nature cannot fully capture future effects of large changes not yet known at the time the plan is developed. For this reason, California Water Code Section 10910 requires that impactful projects be given separate and specific review. Specifically, the developer must evaluate large office developments (net increase of 1,000 persons or 250,000 square feet) and declare they are feasible within the existing water supply in a document known as a Water Supply Assessment. The City must then concur that adequate water supply exists for the project before development may proceed. The County of Orange is presently updating its Civic Center Facilities Strategic Plan which entails significant development (i.e. a "project" as defined in the statute) and therefore requires a Water Supply Assessment (Exhibit 2). The County of Orange has concluded that the City has adequate supply to service the project upon completion. After reviewing the assessment, the Water Resources Division of the City's Public Works Agency concurs with the County's determination and recommends that Council adopt a resolution approving this assessment (Exhibit 3). 5513-1 Resolution Approving Water Supply Assessment for The County of Orange Civic Center Facilities Strategic Plan January 17, 2017 Page 2 This is the first Water Supply Assessment brought for Council's specific review and consideration since completion of the UWMP. City staff will evaluate future Water Supply Assessments by adjusting the demand projections of the UWMP for the anticipated or actual water demand of this project to determine the unutilized water supply available for additional development. When the UWMP is revised and filed again in 2020, any current or projected water demand from this project will be incorporated in the new baseline consumer water demand projections. 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); and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fr 6d Mousavipour Executive Director Public Works Agency FM:rr Exhibits: 1. City of Santa Ana 2015 Urban Water Management Plan 2. Water Supply Assessment for the County of Orange Civic Center Facilities Strategic Plan 3. Resolution 55B -2 AD'`"V~ ARC�"'► I basnm:y K \.VV✓ fOfOatUlalend &Cansuttx built lry assets MKIAI 2015 URBAN WATER MANAGEMENT PLAN Sarina Sriboonlue, P.E. Staff Environmental Engineer arcadis.com 9B B-4 City of Santa Ana Prepared for: City of Santa Ana Public Works Agency Water Resources Division 20 Civic Center Plaza Santa Ana, CA 92701 Prepared by: Arcadis U.S., Inc. 445 South Figueroa Street Suite 3650 Los Angeles California 90071 Tel 213 486 9884 Fax 213 486 9894 Our Ref.: 4109039.0000 Date: June 2016 2015 URBAN WATER MANAGEMENT PLAN Acronyms and Abbreviations ........................................................................................ ............................... vii 1 Introduction .............................................................................................................. ............................1 -1 1.1 Urban Water Management Plan Requirements ............................................... ............................1 -1 1.2 Agency Overview ............................................................................................. ............................1 -3 1.3 Service Area and Facilities .............................................................................. ............................1 -6 1.3.1 City of Santa Ana Service Area ................ .............. ............................... ........................... 1 -6 1.3.2 City of Santa Ana Water Facilities... .............. ........... ................................. .................... 1-7 2 Demands .................................................................................................................. ............................2 -1 2.1 Overview .......................................................................................................... ............................2 -1 2.2 Factors Affecting Demand ............................................................................... ............................2 -1 2.2.1 Climate Characteristics ........................................................................ ............................2 -1 2.2.2 Demographics ...................................................................................... ............................2 -2 2.2.3 Land Use .............................................................................................. ............................2 -2 2.3 Water Use by Customer Type ........... .................................................................... ...................... 2 -2 2.3.1 Overview ............................................................................................ ............................... 2 -3 2.3.2 Non - Residential .................................................................................... ............................2 -3 2.3.3 Sales to Other Agencies ....................................................................... ............................2 -4 2.3.4 Non - Revenue Water ............................................................................. ............................2 -4 2.3.4.1 AWWA Water Audit Methodology ............................................... ............................2 -4 2.4 Demand Projections ................. .................................................................................................... 2 -6 2.4.1 Demand Projection Methodology ......................................................... ............................2 -6 2.4.2 Agency Refinement .............................................................................. ............................2 -7 2.4.3 25 Year Projections .............................................................................. ............................2 -7 2.4.4 Total Water Demand Projections ......................................................... ............................2 -8 2.4.5 Water Use for Lower Income Households ........................................... ............................2 -8 2.5 SBx7 -7 Requirements ..................................................................................... ...........................2 -10 2.5.1 Baseline Water Use ............................................................................. ...........................2 -10 2.5.1.1 Ten to 15 -Year Baseline Period (Baseline GPCD) .................... ...........................2 -11 2.5.1.2 Five -Year Baseline Period (Target Confirmation) ..................... ...........................2 -11 arcadis.com "HT g 2015 URBAN WATER MANAGEMENT PLAN arcadis.com fl p iv ii 2.5.1.3 Service Area Population ............................................................ ...........................2 -11 2.5.2 SBx7 -7 Water Use Targets ................................................................. ...........................2 -12 2.5.2.1 SBx7 -7 Target Methods ............................................................. ...........................2 -12 2.5.2.2 2015 and 2020 Targets ............................................................. ...........................2 -12 2.5.3 Regional Alliance ................................................................................. ...........................2 -13 3 Water Sources and Supply Reliability ...................................................................... ............................3 -1 3.1 Overview .......................................................................................................... ............................3 -1 3.2 Imported Water ................... ......................................................................................................... 3 -2 3.2.1 Colorado River Supplies ....................................................................... ............................3 -2 3.2.2 State Water Project Supplies ...................................................... ............. ........................ 3 -4 3.2.3 Storage ................................................................................................. ............................3 -8 3.3 Groundwater .................................................................................................... ............................3 -8 3.3.1 Basin Characteristics ............................................................................ ............................3 -8 3.3.2 Basin Production Percentage .............................. ........................................................... 3 -10 3.3.2.1 2015 OCWD Groundwater Management Plan .............................................. ....... 3 -10 3.3.2.2 OCWD Engineer's Report ......................................................... ...........................3 -11 3.3.3 Groundwater Recharge Facilities ......................................................... .......................... 3 -12 3.3.4 Metropolitan Groundwater Replenishment Program ........................... ...........................3 -12 3.3.5 Metropolitan Conjunctive Use Program .............................................. ...........................3 -13 3.3.6 Groundwater Historical Extraction ....................................................... ...........................3 -13 3.3.7 Overdraft Conditions ............................................................................ ...........................3 -13 3.4 Summary of Existing and Planned Sources of Water ..................................... ...........................3 -13 3.5 Recycled Water ............................................................................................... ...........................3 -16 3.6 Supply Reliability ......................................................... ............................................................... 3 -16 3.6.1 Overview .............................................................................................. ...........................3 -16 3.6.2 Factors Impacting Reliability ............................................................... ...........................3 -16 3.6.2.1 Environment ............................................................................... ...........................3 -16 3.6.2.2 Legal .......................................................................................... ...........................3 -16 3.6.2.3 Water Quality ............................................................................. ...........................3 -17 3.6.2.3.1 Imported Water ................................................................ ...........................3 -17 3.6.2.3.2 Groundwater .................................................................... ...........................3 -17 arcadis.com fl p iv ii 2015 URBAN WATER MANAGEMENT PLAN 3.6.2.4 Climate Change ......................................................................... ...........................3 -19 3.6.3 Normal -Year Reliability Comparison ................................................... ...........................3 -19 3.6.4 Single -Dry Year Reliability Comparison .............................................. ...........................3 -20 3.6.5 Multiple -Dry Year Period Reliability Comparison ........................................ ................... 3 -20 3.7 Supply and Demand Assessment ........................................... ....... ............................................ 3 -21 4 Demand Management Measures ............................................................................. ............................4 -1 4.1 Water Waste Prevention Ordinances .............................................................. ............................4 -1 4.2 Metering ........................................................................................................... ............................4 -2 4.3 Conservation Pricing ........................................................................................ ............................4 -3 4.4 Public Education and Outreach ...................................... ............................................................. 4 -3 4.5 Programs to Assess and Manage Distribution System Real Loss .................. ............................4 -5 4.6 Water Conservation Program Coordination and Staffing Support ................... ............................4 -5 5 Water Shortage Contingency Plan ........................................................................... ............................5 -1 5.1 Overview .......................................................................................................... ............................5 -1 5.2 Shortage Actions .............................................................................................. ............................5 -1 5.2.1 Metropolitan Water Surplus and Drought Management Plan .............. ............................5 -1 5.2.2 Metropolitan Water Supply Allocation Plan .......................................... ............................5 -3 5.2.3 City of Santa Ana .................................................................................. ............................5 -4 5.3 Three -Year Minimum Water Supply ................................................. ........................................ ...5 -5 5.4 Catastrophic Supply Interruption ..................................................................... ............................5 -5 5.4.1 Metropolitan .......................................................................................... ............................5 -5 5.4.2 Water Emergency Response of Orange County .................................. ............................5 -6 5.4.3 City of Santa Ana .................................................................................. ............................5 -6 5.5 Prohibitions, Penalties and Consumption Reduction Methods .............. ...................................... 5 -7 5.5.1 Prohibitions ................................................. ...................................................................... 5 -7 5.5.2 Penalties .............................................................................................. ...........................5 -11 5.5.3 Consumption Reduction Methods ..... ........ ..................................................................... 5 -11 5.6 Impacts to Revenue ........................................................................................ ...........................5 -12 57 Reduction Measuring Mechanism .................................................................. ...........................5 -14 6 Recycled Water ........................................................................................................ ............................6 -1 6.1 Agency Coordination ....................................................................................... ............................6 -1 arcadis.com 8 1 7' iii 2015 URBAN WATER MANAGEMENT PLAN 6.1.1 OCWD Green Acres Project ................................................................. ............................6 -1 6.1.2 OCWD Groundwater Replenishment System .......................................... ....... ................. 6 -1 6.2 Wastewater Description and Disposal ............................. ............................................................ 6 -2 6.3 Current Recycled Water Uses ............................................. .. ...................................................... 6 -4 6.4 Potential Recycled Water Uses ................................ ......... ........................................... ............... 6 -6 6.4.1 Direct Non - Potable Reuse .................................................................... ............................6 -6 6.4.2 Indirect Potable Reuse ......................................................................... ............................6 -6 6.5 Optimization Plan ..................................................... .................................................................... 6 -7 7 Future Water Supply Projects and Programs ................................................. ................. .................... 7 -1 7.1 Water Management Tools ............................................................................... ............................7 -1 7.2 Transfer or Exchange Opportunities ................................................................ ............................7 -1 7.3 Planned Water Supply Projects and Programs ............................................... ............................7 -1 7.4 Desalination Opportunities ........ ............................... ...... .............................................................. 7 -1 7.4.1 Groundwater ......................................................................................... ............................7 -2 7.4.2 Ocean Water ............................................. .... .... .... ........ ................................................... 7 -2 8 UWMP Adoption Process ............................................. .................... ............. ............. ........... .............. 8 -1 8.1 Public Participation .......................................................................................... ............................8 -2 8.2 Agency Coordination ............................................... ..... ............................................................... 8 -2 8.3 UWMP Submittal ........................................................... ............................................................... 8 -2 8.3.1 Review of 2010 UWMP Implementation........................................... ................................. 8 -2 8.3.2 Comparison of 2010 Planned Water Conservation Programs with 2015 Actual Programs8- 3 8.3.3 Filing of 2015 UWMP .......................................................... .............................................. 8 -3 References................................... .......... .......... .......................................................................................... 8 -4 x " Table1 -1: Plan Identification .......................................................................................... ............................1 -2 Table 1 -2: Agency Identification ................................................ ................................................................. 1 -3 Table1 -3: Public Water Systems .... ....................................... .... ................................................................ 1 -7 Table 1 -4: Water Supplier Information Exchange ..................... .... ................. ....... ..................................... 1 -8 arc disxom 999% 1 iv 2015 URBAN WATER MANAGEMENT PLAN Table 2 -1: Population — Current and Projected .............................................................. ............................2 -2 Table 2 -2: Demands for Potable and Raw Water - Actual (AF) ...... ........................................................... 2 -3 Table 2 -3: Water Loss Audit Summary (AF) .................................................................. ............................2 -6 Table 2 -4: Demands for Potable and Raw Water - Projected ( AF) ................................ ............................2 -7 Table 2 -5: Inclusion in Water Use Projections ............................................................... ............................2 -8 Table 2 -6: Total Water Demands ( AF) ........................................................................... ............................2 -8 Table 2 -7: Household Distribution Based on Median Household Income ...................... ............................2 -9 Table 2 -8: Projected Water Demands for Housing Needed for Low Income Households (AF) ...............2 -10 Table 2 -9: Baselines and Targets Summary ................................................................. ...........................2 -13 Table 2 -10: 2015 Compliance ....................................................................................... ...........................2 -13 Table 3 -1: Metropolitan Colorado River Aqueduct Program Capabilities ...................... ............................3 -6 Table 3 -2: Groundwater Volume Pumped ( AF) ............................................................. ...........................3 -13 Table 3 -3: Water Supplies, Actual ( AF) ......................................................................... ...........................3 -14 Table 3 -4: Water Supplies, Projected ( AF) .................................................................... ...........................3 -15 Table 3 -5: Basis of Water Year Data ............................................................................. ...........................3 -21 Table 3 -6: Normal Year Supply and Demand Comparison ( AF) ................................... ...........................3 -21 Table 3 -7: Single Dry Year Supply and Demand Comparison ( AF) .............................. ...........................3 -22 Table 3 -8: Multiple Dry Years Supply and Demand Comparison (AF) ......................... ...........................3 -22 Table 4 -1: Water Waste Prohibition ................................. ......................................................................... .4 -2 Table 4 -2: Water Rates Effective July 1, 2015 ............................................................... ............................4 -3 Table 5 -1: Stages of Water Shortage Contingency Plan ............................................... ............................5 -4 Table 5 -2: Minimum Supply Next Three Years (AF) ...................................................... ............................5 -5 Table 5 -3: Restrictions and Prohibitions on End Uses ................................................... ............................5 -7 Table 5 -4: Stages of Water Shortage Contingency Plan - Consumption Reduction Methods .................5 -12 Table 5 -5: Revenue Impact Analysis ............................................................................. ...........................5 -12 Table 6 -1: Wastewater Collected Within Service Area in 2015 ( AF) .............................. ............................6 -3 Table 6 -2: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual ( AF) .........................6 -5 Table 6 -3: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual ( AF) .........................6 -6 Table 8 -1: External Coordination and Outreach ............................................................. ............................8 -1 Table 8 -2: Notification to Cities and Counties ................................................................ ............................8 -2 arcadis.mm ITv v 2015 URBAN WATER MANAGEMENT PLAN Figure 1 -1: Regional Location of Urban Water Supplier ........ ....... ............................................................. 1 -5 Figure 1 -2: City of Santa Ana Service Area ............. .................................................................................. 1 -6 Figure 3 -1: Water Supply Sources in the City ( AF) ........................................................ ............................3 -1 Figure 3 -2: Map of the Orange County Groundwater Basin and its Major Aquifer Systems .....................3 -9 Figure 5 -1: Resource Stages, Anticipated Actions, and Supply Declarations ............... ............................5 -2 APPENDICES A UWMP Checklist B Standardized Tables C Groundwater Management Plan D City Ordinance E Notification of Public and Service Area Suppliers F Adopted UWMP Resolution G Bump Methodology H AWWA Water Loss Audit Worksheet I Water Use Efficiency Implementation Report arcadis.com 55b— d vi 2015 URBAN WATER MANAGEMENT PLAN ACRONYMS AND ABBREVIATIONS 20x2020 20% water use reduction in GPCD by year 2020 Act Urban Water Management Planning Act AF Acre -Feet AFY Acre -Feet per Year AMI Advanced Metering Infrastructure AWWA American Water Works Association BEA Basin Equity Assessment Biops Biological Opinions BMP Best Management Practice BPP Basin Production Percentage CARL Current Annual Real Losses CCC California Coastal Commission CDR Center for Demographic Research CEC Constituents of Emerging Concern CII Commercial /Industrial /Institutional City City of Santa Ana CRA Colorado River Aqueduct CUP Conjunctive Use Program CVP Central Valley Project Delta Sacramento -San Joaquin River Delta DMM Demand Management Measure DOF Department of Finance DWR Department of Water Resources EIR Environmental Impact Report EOC Emergency Operation Center ERP Emergency Response Plan FY Fiscal Year GAP Green Acres Project GCM General Circulation Model GPCD Gallons per Capita per Day GPM Gallons per Minute GWRS Groundwater Replenishment System H2O2 Hydrogen Peroxide HCF Hundred Cubic Feet ILI Infrastructure Leakage Index IPR Indirect Potable Reuse IRP Integrated Water Resource Plan IWA International Water Association LBCWD Laguna Beach County Water District arcadis.com awl I vii 2015 URBAN WATER MANAGEMENT PLAN LRP Local Resources Program LTFP Long -Term Facilities Plan MAF Million Acre -Feet MARS Member Agency Response System MCL Maximum Contaminant Level MEOC Metropolitan Emergency Operations Center Metropolitan Metropolitan Water District of Southern California MF Microfiltration MGD Million Gallons per Day MHI Median Household Income MTBE Methyl Tertiary Butyl Ether NDMA N- nitrosodimethylamine OC Orange County OC Basin Orange County Groundwater Basin OCWD Orange County Water District Poseidon Poseidon Resources LLC PPCP Pharmaceuticals and Personal Care Product RA Replenishment Assessment RHNA Regional Housing Needs Assessment RO Reverse Osmosis SBx7 -7 Senate Bill 7 as part of the Seventh Extraordinary Session SCAB South Coast Air Basin SCAG Southern California Association of Governments SCWD South Coast Water District SDCWA San Diego County Water Authority SDP Seawater Desalination Program Study Colorado River Basin Water Supply and Demand Study SWP State Water Project SWRCB California State Water Resources Control Board TDS Total Dissolved Solids UARL Unavoidable Annual Real Losses USBR United States Bureau of Reclamation UV Ultraviolet UWMP Urban Water Management Plan VOC Volatile Organic Compounds WEROC Water Emergency Response Organization of Orange County WF -21 Water Factory 21 WOC Water Operations Center WSAP Water Supply Allocation Plan WSDM Water Surplus and Drought Management arcadia.corn 55b— � viii KiIno] V 7_10RTiq_\0q aN/l► /_Cel=1JilQIli»_101 MMOO WO T1411111Cs711 Water Code Sections 10610 through 10656 of the Urban Water Management Planning Act (Act) require every urban water supplier providing water for municipal purposes to more than 3,000 service connections or supplying more than 3,000 acre -feet (AF) of water annually to prepare, adopt, and file an Urban Water Management Plan (UWMP) with the California Department of Water Resources (DWR) every five years in the years ending in zero and five. The 2015 UWMP updates are due to DWR by July 1, 2016. This 2015 UWMP provides a detailed summary of present and future water resources and demands and provides an assessment of the City of Santa Ana's (City) water resource needs. Specifically, the UWMP provides water supply planning for a 25 -year planning period in five -year increments and identifies water supplies needed to meet existing and future demands. The demand analysis must identify supply reliability under three hydrologic conditions: a normal year, a single -dry year, and multiple -dry years. The City's 2015 UWMP updates the 2010 UWMP in compliance with the requirements of the Act as amended in 2009, and includes a discussion of: • Water Service Area and Facilities • Water Sources and Supplies • Water Use by Customer Type • Demand Management Measures • Water Supply Reliability • Planned Water Supply Projects and Programs • Water Shortage Contingency Plan • Recycled Water Use Since the original Act's passage in 1983, several amendments have been added. The most recent changes affecting the 2015 UWMP include Senate Bill 7 as part of the Seventh Extraordinary Session (SBx7 -7) and SB 1087. SBx7 -7, or the Water Conservation Act of 2009, is part of the Delta Action Plan that stemmed from the Governor's goal to achieve a 20 percent statewide reduction in urban per capita water use by 2020 (20x2020). Reduction in water use is an important part of this plan that aims to sustainably manage the Bay Delta and reduce conflicts between environmental conservation and water supply; it is detailed in Section 3.2.2. SBx7 -7 requires each urban retail water supplier to develop urban water use targets to achieve the 20x2020 goal and the interim ten percent goal by 2015. Each urban retail water supplier must include in its 2015 UWMPs the following information from its target- setting process: Baseline daily per capita water use 2020 Urban water use target arcadis.coin 6% N 1 -1 2015 URBAN WATER MANAGEMENT PLAN • 2015 Interim water use target compliance • Compliance method being used along with calculation method and support data • An implementation plan to meet the targets The other recent amendment, made to the UWMP on September 19, 2014, is set forth by SB 1420, Distribution System Water Losses, SB 1420 requires water purveyors to quantify distribution system losses for the most recent 12 -month period available. The water loss quantification is based on the water system balance methodology developed by the American Water Works Association (AWWA). The sections in this UWMP correspond to the outline of the Act, specifically Article 2, Contents of Plans, Sections 10631, 10632, and 10633. The sequence used for the required information, however, differs slightly in order to present information in a manner reflecting the unique characteristics of the City's water utility. The UWMP Checklist has been completed, which identifies the location of Act requirements in this Plan and is included in Appendix A. This is an individual UWMP for a retail agency, as shown in Tables 1- 1 and 1 -2. Table 1 -2 also indicates the units that will be used throughout this document. Table 1.1: Plan Identification arcadis.com -U 1-2 bbb 2015 URBAN WATER MANAGEMENT PLAN Table 1 -2: Agency Identification 3.2 Agency Overview The City was, for many years, a ranching community with some farming. To serve this growing agricultural and domestic community, a municipal water system was formed in 1886. The original source of water supply for the City was from shallow irrigation wells. As the City continued to grow and change from agriculture to an urban community, the need for additional sources of water was recognized if economic development were to continue. To tap into water sources from outside the area, the City joined with 12 other southern California cities to form and be an original member agency of the Metropolitan Water District of Southern California (Metropolitan) on February 27, 1931. Metropolitan, as a regional wholesaler, supplies imported water to southern California from the Colorado River and from the State Water Project from Northern California. Metropolitan's primary purpose is to develop, store and distribute water at wholesale rates to its member public agencies for domestic and municipal uses. In 1933, the Orange County Water District (OCWD) was formed by a special act of the State Legislature to manage Orange County's groundwater supply and protection of the County's rights to water in the Santa Ana River. In 1953, the City became a member of OCW D. The City is governed by a non - partisan seven - member City Council, elected to serve staggered four -year terms, except for the Mayor, who serves a two -year term. The City Council appoints the City Manager and various members of commissions, committees, and citizen advisory groups, all of which may weigh in on water management issues and decisions for the City. The current Council members are arcadis,com g! 1 oTit 1 -3 2015 URBAN WATER MANAGEMENT PLAN • Miguel Pulido, Mayor • Vicente Sarmiento, Mayor Pro Tern (Ward 1) • Michele Martinez (Ward 2) • Angelica Amezcua (Ward 3) David Benavides (Ward 4) • Roman A. Reyna (Ward 5) • Sal Tinajero (Ward 6) The City receives its water from two main sources, local well water from the Lower Santa Ana River Groundwater Basin, also known as the Orange County Groundwater Basin (OC Basin), which is managed by OCWD, and imported water from Metropolitan. The City is a member agency of Metropolitan. The City's location is shown on Figure 1 -1. arradis.com 5 — 1 1 -4 2015 URBAN WATER MANAGEMENT PLAN W�AnWW 99fA lvll nmv q 4a.Cl.YP6WAlERa18TIt1CT p VM�TAV WAVAa A..Rw Y RWa em Ly "3nMUER W, STATE I- M pJ YILLiY WVMERANCx "MR WATVTOJSTR(af EANMAN CIlISTRANp fRICT FrE ways at Tollways N O oanqec ntyw.Aeromtmt V4 E SouthCaaSt_Wc_NRWA MWDDC R.Mil Au.,,ew =N.n.ReWA9enOy8wndIry MWDOC Service Area and Member Agencies Figure 1-1; Regional Location of Urban Water Supplier arcadis.com 6 69ii � 1-5 2015 URBAN WATER MANAGEMENT PLAN 1.3.1 City of Santa Ana Service Area The City is in the heart of Orange County and rated eleventh largest in California. The City's Water Utility provides water service within a 27- square mile service area. The service area includes the City of Santa Ana and a small neighborhood in the City of Orange, near Tustin Avenue and Fairhaven by the northeast corner of Santa Ana. A map of the City's service area is shown on Figure 1 -2. Figure 1 -2: City of Santa Ana Service Area arcadis,com 9Bii A 1 -6 2015 URBAN WATER MANAGEMENT PLAN 1.3.2 City of Santa Ana Water Facilities The City maintains 444 miles of transmission and distribution mains, nine reservoirs with a storage capacity of 49.3 million gallons, seven pumping stations, 20 wells, and seven import water connections. Thirteen of the City wells pump into surface reservoirs with booster stations pumping the water into the distribution system. The remaining wells pump directly into the City's distribution system. Water pumped from these wells has been naturally filtered as it passes through underlying aquifers of sand, gravel, and soil. This well water only requires disinfectant treatment for system distribution. The City maintains seven imported water connections to receive water through Metropolitan's Orange County and East Orange County Feeder pipelines. Seven metered connections with a total capacity of 60,580 gallons per minute (gpm) transfer water into the City's distribution system. System Pressures — Reducing distribution system pressures will, to a certain degree, conserve water and pumping energy by reducing leaking in water and plumbing systems, as well as reducing waste or water when turning water fixtures on and off. The City continually reviews the pressure zones to determine the feasibility of reducing system pressures by lowering settings on distribution system pressure regulators. The reviews have indicated that potential fire protection requirement deficiencies occur when pressures are reduced. Therefore, the City maintains safe yet efficient system pressures. Peak Demand — Water system demand patterns are a result of climatological, land use, sociological, and institutional factors, all of which affect the amount of water consumed. Reduction in peak demands can reduce the need for construction of new water storage and conveyance facilities and, in certain instances, the development of new water sources. The City's computerized telemetry system allows water system operators to operate the system more efficiently through the ability to stage and prioritize water production facilities usage to meet these ever changing demand patterns. The system connections and total water volume supplied including non - potable are summarized in Table 1 -3, and the wholesalers informed of this water use as required are displayed in Table 1 -4. Table 1 -3: Public Water Systems arcadis.com 96921 b 1 -7 2015 URBAN WATER MANAGEMENT PLAN Table 1•4: Water Supplier Information Exchange Metropolitan NOTES: arcadis.com 68& 1-8 2015 URBAN WATER MANAGEMENT PLAN Since the last UW MP update, southern California's urban water demand has been largely shaped by the efforts to comply with SBx7 -7. This law requires all California retail urban water suppliers serving more than 3,000 acre -feet per year (AFY) or 3,000 service connections to achieve a 20 percent water demand reduction (from a historical baseline) by 2020. The City has been actively engaged in efforts to reduce water use in its service area to meet the 2015 interim 10 percent reduction and the 2020 final water use target. Meeting this target is critical to ensure the City's eligibility to receive future state water grants and loans. In April 2015 Governor Brown issued an Emergency Drought Mandate as a result of one of the most severe droughts in California's history, requiring a collective reduction in statewide urban water use of 25 percent by February 2016, with each agency in the state given a specific reduction target by DWR. In response to the Governor's mandate, the City is carrying out more aggressive conservation efforts. It is also implementing higher (more restrictive) stages of its water conservation ordinance in order to achieve its demand reduction target of 12 percent set for the City. In addition to local water conservation ordinances, the City partnered with Metropolitan on educational programs, indoor retrofits and training. The City has implemented turf removal, an art contest, pole banners, lawn signs, and neighborhood association meetings to promote water conservation, as detailed in Section 4. These efforts have been part of statewide water conservation ordinances that require watering landscape watering, serving water in restaurants and bars, and reducing the amount of laundry cleaned by hotels. Further discussion on the City's water conservation ordinance is covered in Section 5 Water Supplies Contingency Plan. This section analyzes the City's current water demands by customer type, factors that influence those demands, and projections of future water demands for the next 20 years. In addition, to satisfy SBx7 -7 requirements, this section provides details of the City's SBx7 -7 compliance method selection, baseline water use calculation, and 2015 and 2020 water use targets. 2.2 Factors Affecting Demand Water demands within the City's service area are dependent on many factors such as local climate conditions and the evolving hydrology of the region, demographics, land use characteristics, and economics. In addition to local factors, southern California's imported water sources are also experiencing drought conditions that impact availability of current and future water supplies. 2.2.1 Climate Characteristics The City is located within the South Coast Air Basin (SCAB) that encompasses all of Orange County, and the urban areas of Los Angeles, San Bernardino, and Riverside counties. The SCAB climate is arcadis.com SW4 1 2 -1 2015 URBAN WATER MANAGEMENT PLAN characterized by southern California's "Mediterranean" climate: a semi -arid environment with mild winters, warm summers and moderate rainfall. Local rainfall has limited impacts on reducing demand for the City. Water that infiltrates into the soil may enter groundwater supplies depending on the local geography. However, due to the large extent of impervious cover in southern California, rainfall runoff quickly flows to a system of concrete storm drains and channels that lead directly to the ocean. OCW D is one agency that has successfully captured stormwater along the Santa Ana River and in recharge basins for years and used it as an additional source of supply for groundwater recharge. The City's imported water supplies from the State Water Project (SW P) and the Colorado River Aqueduct (CRA) are influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions have been suffering from multi -year drought conditions with record low precipitation which directly impact water supplies to southern California. 2.2.2 Demographics The City has a 2015 population of 335,299 according to the California State University at Fullerton's Center of Demographics Research (CDR). The City is almost completely built -out, and its population is projected to increase only 0.9 percent by 2040, representing an average growth rate of 0.005 percent every five years. Growth projections have decreased slightly from the 2010 UWMP projections. Vacant land within the City is very limited while existing housing is becoming denser and new residential units are multi- storied. Table 2 -1 shows the population projections in five -year increments out to 2040 within the City's service area. Table 2 -1: Population — Current and Projected 2.2.3 Land Use The City's service area can best be described as a predominately residential single and multi - family community located in central Orange County. An agency's water consumption can be projected by understanding the type of use and customer type creating the demand. Developing local water use profiles helps to identify quantity of water used as well as when, where, how, and by whom water is used within the agency's service area. A comprehensive arcadis.com 5 i B22 2-2 2015 URBAN WATER MANAGEMENT PLAN profile of the agency's service area enables the impacts of water conservation efforts to be assessed and to project the future benefit of water conservation programs. The following sections of this UW MP provide an overview of the City's water consumption by customer account type as follows: • Single- family Residential • Multi- family Residential • Commercial • Institutional/ Government Other water uses including non - revenue water are also discussed in this section. 2.3.1 Overview There are 44,551 current customer active and inactive service connections in the City's water distribution system with all existing connections metered. Approximately 66.8 percent of the City's potable water demand is residential; commercial, including dedicated landscape, accounts for the remaining 33.2 percent of the total potable demand. Table 2 -2 contains a summary of the City's total potable water demand in fiscal year (FY) of 2014 -15. Table 2 -2: Demands for Potable and Raw Water - Actual (AF) 2.3.2 Non - Residential Non - residential use includes commercial, industrial, institutional water demands. Institutional water use accounts for 4 percent of total non - residential water demands and commercial accounts for 52.3 percent of total non - residential water demand. The City has a mix of commercial uses (markets, restaurants, etc.), public entities (schools, fire stations and government offices), office complexes, light industrial and warehouses. arcadis.com I�� 2 -3 2015 URBAN WATER MANAGEMENT PLAN 2.3.3 Sales to Other Agencies The City does not sell water to other agencies although it does maintain emergency interconnections with neighboring cities and water districts. 2.3.4 Non- Revenue Water Non - revenue water is defined by the International Water Association (IWA) as the difference between distribution systems input volume (i.e. production) and billed authorized consumption. Non - revenue water consists of three components: unbilled authorized consumption (e.g. hydrant flushing, firefighting, and blow -off water from well start -ups), real losses (e.g. leakage in mains and service lines, and storage tank overflows), and apparent losses (unauthorized consumption, customer metering inaccuracies and systematic data handling errors). A water loss audit was conducted per AWWA methodology for the City to understand the relationship between water loss, operating costs and revenue losses. This audit was developed by the IWA Water Loss Task Force as a universal methodology that could be applied to any water distribution system. This audit meets the requirements of SB 1420 that was signed into law in September 2014. Understanding and controlling water loss from a distribution system is an effective way for the City to achieve regulatory standards and manage their existing resources. 2.3.4.1 AWWA Water Audit Methodology There are five data categories that are part of the AWWA Water Audit: 1) Water Supplied 2) Authorized Consumption 3) Water Losses 4) System Data and 5) Cost Data. Data was compiled from questionnaires, invoices, meter test results, and discussion with the City. Each data value has a corresponding validation score that evaluates the City's internal processes associated with that data entry. The scoring scale is 1- 10 with 10 representing best practice. The Water Supplied section represents the volume of water the City delivered from its own sources, purchased imported water, or water that was either exported or sold to another agency. Validation scores for each supply source correspond to meter accuracy and how often the meters are calibrated. If the calibration results of supply meters were provided, a weighted average of errors was calculated for master meter adjustment. This adjustment factor was applied to reported supply volumes for meters that were found to register either over or under the true volume. Validity scores for meter adjustment are based on how often the meter is read and what method is used. The Authorized Consumption section breaks down consumption of the volume of Water Supplied. Billed metered water is billed and delivered to customers and makes up the majority of an agency's consumption. Billed unmetered water is water that is delivered to a customer for a set fee but the actual quantity of water is not metered. Customer accounts for this type of use are typically determined by utility policy. Unbilled metered water is the volume used and recorded, but the customer is not charged. This volume is typically used for City facilities per City policy. Unbilled unmetered water is authorized use that is neither billed nor metered which typically includes activities such as firefighting, flushing of water mains and sewers, street cleaning, and fire flow testing. The AWWA Water Audit recommends using the default value of 1.25 percent to represent this use, as calculating an accurate volume is often tedious due to the many different components involved and it represents a small portion of the City's overall use. For each amadis.com EXHIB �4 2 -4 2015 URBAN WATER MANAGEMENT PLAN consumption type listed above the associated validation score reflects utility policy for customer accounts, frequency of meter testing and replacement, computer -based billing and transition to electronic metering systems. Water Losses are defined as the difference between the volume of water supplied and the volume of authorized consumption. Water losses are further broken down into apparent and real losses. Apparent losses include unauthorized consumption, customer meter inaccuracies and systematic data handling errors. Default percentages were provided for the Audit by AW WA for unauthorized consumption and systematic data handling error as this data is not often available. The corresponding default validation score assigned is 5 out of 10. A discrete validation score was included for customer meter inaccuracies to represent quality of meter testing records, testing procedures for meter accuracy, meter replacement cycles, and inclusion of new meter technology. System Data includes information about the City's physical distribution system and customer accounts. The information included is: length of mains, number of active and inactive service connections, location of customer meters in relation to the property line, and the average operating pressure of the system. The number of service connections is automatically divided by the length of mains to find the service connection density of the system. The calculated service connection density determines which performance indicators best represent a water system's real loss performance. The validity scores in this section relate to the water system's policies and procedures for calculating and documenting the required system data, quality of records kept, integration with an electronic database including GIS and SCADA, and how often this data is verified. The final section is Cost Data and contains three important financial values related to system operation, customer cost and water production. The total annual cost of operating the water system, customer retail unit cost and the variable production cost per AF are included. The customer retail unit value is applied to the apparent losses to determine lost revenue, while the variable production cost is typically applied to real losses. In water systems with scarce water supplies, a case can be made for real losses to be valued at the retail rate, as this volume of water could be sold to additional customers if it were not lost.] Validity scores for these items consider how often audits of the financial data and supporting documents are compiled and if third -party accounting professionals are part of the process. Calculations based on the entered and sufficiently valid data produce a series of results that help the City quantify the volume and financial impacts of water loss and facilitate comparison of the City's water loss performance with that of other water systems who have also performed water loss audits using the AWWA methodology. The City's Data Validity Score was 74 out of 100, with a total water loss volume of 677 AFY. The Non - Revenue Water volume represents 1.9 percent of the total water supplied by the City. The value of non - revenue water is calculated to be $814,980 per year. The Infrastructure Leakage Index (ILI) is a performance indicator developed from the ratio of Current Annual Real Losses (CARL) to the Unavoidable Annual Real Losses (UARL). CARL was developed as part of the workbook and explained as real losses above. UARL is developed on a per system basis with an equation based on empirical data, developed by IWA that factors in the length of mains (including fire hydrant laterals), number of service connections, average distance of customer service connection piping between the curb stop and the customer meter and the total length of customer service piping, all multiplied by average system pressure. The City received an ILI score of 0.15 which taken at face value is a very high score and indicates that real losses are well managed. This value suggests that the City's real arcadis.corn d I�b 2 -5 2015 URBAN WATER MANAGEMENT PLAN loss volume is beneath the technically achievable minimum, which is possible but unlikely. This requires further field investigation of leakage if leakage detection and control practices are not extensively implemented and /or, given the Data Validity Score for some components in the Audit, further investigation /confirmation of entries such as water supplied /accuracy of supply meters, accuracy of customer meters, systematic data handling errors, and applicability of the default percentages applied in the audit. Apparent losses make up a significant portion of the City's total water loss at 80 percent; most of this was developed from default percentages provided by the AWWA Water Audit. Based on this information, the City can improve water loss by taking a closer look at apparent losses and developing a strategy to better quantify this data in the future. The overall Water Audit score can also be improved by meeting the standards AWWA has developed for each data point through clear City procedures and reliable data. The result of the AWWA Water Audit completed for the City as required by the 2015 UWMP is summarized in Table 2 -4. The water loss summary was calculated over a one -year period from available data and the methodology explained above. Table 2 -3: Water Loss Audit Summary (AF) +' Demand projections were developed by MWDOC for each agency within the Regional Alliance based on available data as well as land use, population and economic growth. Three trajectories were developed representing three levels of conservation: 1) continued with existing levels of conservation (lowest conservation), 2) addition of future passive measures and active measures (baseline conservation), and 3) aggressive turf removal program - 20 percent removal by 2040 (aggressive conservation). The baseline demand projection was selected for the 2015 UW MP. The baseline scenario assumes the implementation of future passive measures affecting new developments, including the Model Water Efficient Landscape, plumbing code efficiencies for toilets, and expected plumbing code for high - efficiency clothes washers. It also assumes the implementation of future active measures, assuming the implementation of Metropolitan incentive programs at historical annual levels seen in Orange County. 2.4.1 Demand Projection Methodology The water demand projections were an outcome of the Orange County (OC) Reliability Study led by MWDOC where demand projections were divided into three regions within Orange County: Brea /La Habra, OC Basin, and South County. The demand projections were obtained based on multiplying a unit water use factor and a demographic factor for three water use sectors, including single - family and multi- family residential (in gallons per day per household), and non - residential (in gallons per day per employee). The unit water use factors were based on the survey of Orange County water agencies (FY arcadis.com 5 c' m 2 -6 2015 URBAN WATER MANAGEMENT PLAN 2013 -14) and represent a normal weather, normal economy, and non - drought condition. The demographic factors are future demographic projections, including the number of housing units for single and multi - family residential sectors and the total employment (number of employees) for the non- residential sector, as provided by CDR. The OC Reliability Study accounted for drought impacts on 2016 demands by applying the assumption that water demands will bounce back to 85 percent of 2014 levels (i.e. pre- drought levels) by 2020 and 90 percent by 2025 without future conservation, and continue at 90 percent of unit water use through 2040. The unit water use factor multiplied by a demographic factor yields demand projections without new conservation. To account for new implementation of conservation, projected savings from new passive and active conservation as a result of plumbing codes, water model efficiency landscape ordinance, and rebates from Metropolitan were excluded from these demands. As described above, the OC Reliability Study provided demand projections for three regions within Orange County: Brea /La Habra, OC Basin, and South County. The City's water demand represents a portion of the OC Basin region total demand. The City's portion was estimated as the percentage of the City's five -year (FY 2010 -11 to FY 2014 -15) average usage compared to the OC Basin region total demand for the same period. 2.4.2 Agency Refinement Demand projections were developed by MWDOC for the City as part of the OC Reliability Study. The future demand projections were reviewed and accepted by the City as a basis for the 2015 UWMP. 2.4.3 25 Year Projections A key component of the 2015 UWMP is to provide insight into the City's future water demand outlook. The City's current total water demand is 36,655 AFY, met through locally pumped groundwater and purchased imported water from Metropolitan. Table 2 -4 is a projection of the City's water demand for the next 25 years. Table 2 -4: Demands for Potable and Raw Water - Projected (AF) A" arcadis.com 66 i2fi 2 -7 7Aditional Description Projected 20M 2025 2030 2035 1, 2040 Single Family 14,093 15,138 15,242 15,238 15,260 Multi-Family 10,406 11,177 11,254 11,251 11,267 Other (CII) Comm /Instit /Indust 12,033 12,925 13,014 13,010 13,029 Landscape Large 147 158 159 159 159 TOTAL 36,678 39,397 39,669 39,658 39,716 NOTES: Data retrieved from MWDOC Customer Class Usage Data and FY 2014 -2015 Retail Tracking. arcadis.com 66 i2fi 2 -7 2015 URBAN WATER MANAGEMENT PLAN The above demand values were provided by MWDOC and reviewed by the City as part of the UWMP effort. The City will aim to decrease its reliance on imported water by pursuing a variety of water conservation strategies, the City's per capita water use is projected to decrease as detailed in section 2.5 below. Table 2 -6: Inclusion in Water Use Projections The demand data presented in this section accounts for passive savings in the future. Passive savings are water savings as a result of Codes, Standards, Ordinances, or Transportation and Land Use Plans as well as public outreach on water conservation and higher efficiency fixtures. Passive savings are anticipated to continue for the next 25 years and will result in continued water saving and reduced consumption levels. 2.4.4 Total Water Demand Projections Based on the information provided above, the total demand for potable water is listed below in Table 2 -6 below. Recycled water demand is projected to remain constant through the planning horizon. Table 2 -6; Total Water Demands (AF) 2.4.5 Water Use for Lower Income Households Since 2010, the UW MP Act has required retail water suppliers to include water use projections for single - family and multi - family residential housing for lower income and affordable households. This will assist the City in complying with the requirement under Government Code Section 65589.7 granting priority for providing water service to lower income households. A lower income household is defined as a household earning below 80 percent of the median household income (MHI). arcadis.com �'C WIN 2 -8 2015 URBAN WATER MANAGEMENT PLAN DW R recommends retail suppliers rely on the housing elements of city or county general plans to quantify planned lower income housing with the City's service area (DWR, 2015 UWMP Guidebook, February 2016). The Regional Housing Needs Assessment (RHNA) assists jurisdictions in updating general plan's housing elements section. The RHNA identifies housing needs and assesses households by income level for the City through 2010 decennial Census and 2005 -2009 American Community Survey data. The fifth cycle of the RHNA covers the planning period of October 2013 to October 2021. The Southern California Association of Governments (SCAG) adopted the RHNA Allocation Plan for this cycle on October 4, 2012 requiring housing elements updates by October 15, 2013. The California Department of Housing and Community Development reviewed the housing elements data submitted by jurisdictions in the SCAG region and concluded the data meets statutory requirements for the assessment of current housing needs. The housing elements from the RHNA includes low income housing broken down into three categories: extremely low (less than 30 percent MHI), very low (31 percent - 50 percent MHI), and lower income (51 percent - 80 percent MHI). The report gives the household distribution for all households of various income levels in the City which can be seen in Table 2 -7. Altogether the City has 54.18 percent low income housing (SCAG, RHNA, November 2013). Table 2 -7: Household Distribution Based on Median Household Income Number of e • • 4)l torome Extremely Low Income 11,370 Very Low Income 12,486 Lower Income 16,919 Moderate Income 15,657 Above Income 18,827 Total Households 75,259 Table 2 -8 provides the projected water needs for low income single family and multifamily units. The projected water demands shown here represent 54.18 percent of the projected water demand for the single - family and multifamily categories provided in Table 2 -4 above. For example, the total low income single family residential demand is projected to be 7,441 AFY in 2020 and 8,052 AFY in 2040. arcadis.ccm ��b 2-9 2015 URBAN WATER MANAGEMENT PLAN Table 2 -8: Projected Water Demands for Housing Needed for Low Income Households (AF) The Water Conservation Act of 2009, SBx7 -7, signed into law on February 3, 2010, requires the State of California to reduce urban water use by 20 percent by the year 2020. The City must determine baseline water use during their baseline period and water use targets for the years 2015 and 2020 to meet the state's water reduction goal. The City may choose to comply with SBx7 -7 individually or as a region in collaboration with other retail water suppliers. Under the regional compliance option, the City is still required to report its individual water use targets. The City is required to be in compliance with SBx7 -7 either individually or as part of the alliance, or demonstrate they have a plan or have secured funding to be in compliance, in order to be eligible for water related state grants and loans on and after July 16, 2016. For the 2015 UW MP, the City must demonstrate compliance with its 2015 water use target to indicate whether or not they are on track to meeting the 2020 water use target. The City also revised their baseline per capita water use calculations using 2010 U.S. Census data. Changes in the baseline calculations also result in updated per capita water use targets. DW R also requires the submittal of SBx7 -7 Verification Forms, a set of standardized tables to demonstrate compliance with the Water Conservation Act in this 2015 UWMP. 2.5.1 Baseline Water Use The baseline water use is the City's gross water use divided by its service area population, reported in gallons per capita per day (GPCD). Gross water use is a measure of water that enters the distribution system of the supplier over a 12 -month period with certain allowable exclusions. These exclusions are: • Recycled water delivered within the service area • Indirect recycled water • Water placed in long term storage • Water conveyed to another urban supplier • Water delivered for agricultural use arcadis.com 5 _30 2 -10 2015 URBAN WATER MANAGEMENT PLAN Process water Water suppliers within the OC Basin, including the City, have the option of choosing to deduct recycled water used for indirect potable reuse from their gross water use to account for the recharge of recycled water into the OC Basin by OCWD, historically through Water Factory 21, and now by the Groundwater Replenishment System (GWRS). Water suppliers must report baseline water use for two baseline periods, the 10- to 15 -year baseline (baseline GPCD) and the five -year baseline (target confirmation) as described below. 2.5.1.1 Ten to 15 -Year Baseline Period (Baseline GPCD) The first step to calculating the City's water use targets is to determine its base daily per capita water use (baseline water use). This baseline water use is essentially the City's gross water use divided by its service area population, reported in GPCD. The baseline water use is calculated as a continuous (rolling) 10 -year average during a period, which ends no earlier than December 31, 2004 and no later than December 31, 2010. Water suppliers whose recycled water made up 10 percent or more of their 2008 retail water delivery can use up to a 15 -year average for the calculation. The City did not have recycled water use in 2008; therefore, a 10 -year baseline period is used. The City's baseline water use is 130 GPCD, obtained from the 10 -year period July 1, 1995 to June 30, 2005. 2.5.1.2 Five -Year Baseline Period (Target Confirmation) Water suppliers are required to calculate water use, in GPCD, for a five -year baseline period. This number is used to confirm that the selected 2020 target meets the minimum water use reduction requirements. Regardless of the compliance option adopted by the City, it will need to meet a minimum water use target of 5 percent reduction from the five -year baseline water use. This five -year baseline water use is calculated as a continuous five -year average during a period, which ends no earlier than December 31, 2007 and no later than December 31, 2010. The City's five -year baseline water use is 122 GPCD, obtained from the five -year period July 1, 2003 to June 30, 2008. 2.5.1.3 Service Area Population The City's service area boundaries correspond with the boundaries for a city or census designated place. This allows the City to use service area population estimates prepared by the Department of Finance (DOF). The CDR at California State University, Fullerton is the entity which compiles population data for Orange County based on DOF data. The calculation of the City's baseline water use and water use targets in the 2010 UWMP was based on the 2000 U.S. Census population numbers obtained from CDR. The baseline water use and water use targets in this 2015 UWMP have been revised based on the 2010 U.S. Census population obtained from CDR in 2012. amAdismm 6% 81is 1 2 -11 2015 URBAN WATER MANAGEMENT PLAN 2.5.2 SBx7 -7 Water Use Targets In the 2015 UWMP, the City may update its 2020 water use target by selecting a different target method than what was used in 2010. The target methods and determination of the 2015 and 2020 targets are described below. 2.5.2.1 SBx7 -7 Target Methods DWR has established four target calculation methods for urban retail water suppliers to choose from. The City is required to adopt one of the four options to comply with SBx7 -7 requirements. The four options include: • Option 1 requires a simple 20 percent reduction from the baseline by 2020 and 10 percent by 2015. • Option 2 employs a budget -based approach by requiring an agency to achieve a performance standard based on three metrics o Residential indoor water use of 55 GPCD o Landscape water use commensurate with the Model Landscape Ordinance o 10 percent reduction in baseline Commercial /Industrial /Institutional (CII) water use • Option 3 is to achieve 95 percent of the applicable state hydrologic region target as set forth in the State's 20x2020 Water Conservation Plan. • Option 4 requires the subtraction of Total Savings from the baseline GPCD: o Total savings includes indoor residential savings, meter savings, CII savings, and landscape and water loss savings. With MWDOC's assistance in the calculation of the City's base daily per capita use and water use targets, the City selected to comply with Option 3 consistent with the option selected in 2010. 2.5.2.2 2015 and 2020 Targets Under Compliance Option 3, to achieve 95 percent of the South Coast Hydrologic Region target as set forth in the State's 20x2020 Water Conservation Plan, the City's 2015 target is 123 GPCD and the 2020 target is 116 GPCD as summarized in Table 2 -9. The 2015 target is the midway value between the 10- year baseline and the confirmed 2020 target. In addition, the confirmed 2020 target needs to meet a minimum of five percent reduction from the five -year baseline water use. In this case, the confirmed 2020 target is the five percent reduction from the five -year baseline. arcadiacom 58132 2 -12 2015 URBAN WATER MANAGEMENT PLAN Table 2 -9: Baselines and Targets Summary Table 2 -10 compares the City's 2015 water use target to its actual 2015 consumption. Based on this comparison, the City is in compliance with its 2015 interim target and has also already met the 2020 water use target. Table 2 -10: 2015 Compliance 2.5.3 Regional Alliance A retail supplier may choose to meet the SBx7 -7 targets on its own or it may form a regional alliance with other retail suppliers to meet the water use target as a region. Within a Regional Alliance, each retail water supplier will have an additional opportunity to achieve compliance under both an individual target and a regional target. • If the Regional Alliance meets its water use target on a regional basis, all agencies in the alliance are deemed compliant. • If the Regional Alliance fails to meet its water use target, each individual supplier will have an opportunity to meet their water use targets individually. The City is a member of the Orange County 20x2020 Regional Alliance formed by MWDOC. This regional alliance consists of 29 retail agencies in Orange County as described in MWDOC's 2015 UWMP. MW DOC provides assistance in the calculation of each retail agency's baseline water use and water use targets. arcadis.com 5W-5� 2 -13 2015 URBAN WATER MANAGEMENT PLAN In 2015, the regional baseline and targets were revised to account for any revisions made by the retail agencies to their individual 2015 and 2020 targets. The regional water use target is the weighted average of the individual retail agencies' targets (by population). The Orange County 20x2020 Regional Alliance weighted 2015 target is 176 GPCD and 2020 target is 158 GPCD. The actual 2015 water use in the region is 125 GPCD, i.e. the region has already met its 2020 GPCD goal. arcadis.com 5Bi� 2 -14 2015 URBAN WATER MANAGEMENT PLAN The City relies on a combination of imported water, local groundwater, and recycled water to meet its water needs. The City works together with two primary agencies, Metropolitan and OCWD to ensure a safe and reliable water supply that will continue to serve the community in periods of drought and shortage. The sources of imported water supplies include water from the Colorado River and the SWP provided by Metropolitan. The City's main source of water supply is groundwater from the OC Basin. Imported water and recycled water make up the rest of the City's water supply portfolio. Currently, the City relies on approximately 71 percent groundwater, 28 percent imported water, and 1 percent recycled water. The City's water supply portfolio is expected to change slightly to 70 percent groundwater, 29 percent imported water, and 0.7 percent recycled water by the year 2040. The sources of imported water supply include the CRA and the SWP. The City's projected water supply portfolio is shown on Figure 3 -1. 100% 1 t -7320 i 90% - 10,779 11,595 '11,677 11,673 11,691 80% 70% 60% 50% _ 40 % :1 28,025 30% 20 "/° 10% 0% 2020 2025 2030 2035 2040 ■Groundwater Eimported ■Recycled Water Figure 3 -1: Water Supply Sources in the City (AF) The following sections provide a detailed discussion of the City's water sources as well as the future water supply portfolio for the next 25 years. Additionally, the City's projected supply and demand under various hydrological conditions are compared to determine the City's supply reliability for the 25 year planning horizon. arcadis.com l�1 3 -1 2015 URBAN WATER MANAGEMENT PLAN }' The City supplements its water supply with imported water purchased from Metropolitan. Metropolitan's principal sources of water are the Colorado River via the CRA and the Lake Oroville watershed in Northern California through the SW P. The water obtained from these sources is treated at the Robert B. Diemer Filtration Plant located north of Yorba Linda. Typically, the Diemer Filtration Plant receives a blend of Colorado River water from Lake Mathews through the Metropolitan Lower Feeder and SWP water through the Yorba Linda Feeder. The City currently maintains seven imported water connections to the Metropolitan system. 3.2.1 Colorado River Supplies The Colorado River was Metropolitan's original source of water after Metropolitan's establishment in 1928. The CRA, which is owned and operated by Metropolitan, transports water from the Colorado River to its terminus at Lake Mathews in Riverside County. The actual amount of water per year that may be conveyed through the CRA to Metropolitan's member agencies is subject to the availability of Colorado River water for delivery. The CRA includes supplies from the implementation of the Quantification Settlement Agreement and related agreements to transfer water from agricultural agencies to urban uses. The 2003 Quantification Settlement Agreement enabled California to implement major Colorado River water conservation and transfer programs, stabilizing water supplies for 75 years and reducing the state's demand on the river to its 4.4 MAF entitlement. Colorado River transactions are potentially available to supply additional water up to the CRA capacity of 1.25 million acre -feet (MAF) on an as- needed basis. Water from the Colorado River or its tributaries is available to users in California, Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as well as to Mexico. California is apportioned the use of 4.4 MAF of water from the Colorado River each year plus one -half of any surplus that may be available for use collectively in Arizona, California, and Nevada. In addition, California has historically been allowed to use Colorado River water apportioned to but not used by Arizona or Nevada. Metropolitan has a basic entitlement of 550,000 AFY of Colorado River water, plus surplus water up to an additional 662,000 AFY when the following conditions exists (Metropolitan, 2015 UWMP, June 2016): Water unused by the California holders of priorities 1 through 3 Water saved by the Palo Verde land management, crop rotation, and water supply program When the U.S. Secretary of the Interior makes available either one or both: o Surplus water is available o Colorado River water is apportioned to but unused by Arizona and /or Nevada Unfortunately, Metropolitan has not received surplus water for a number of years. The Colorado River supply faces current and future imbalances between water supply and demand in the Colorado River Basin due to long term drought conditions. Over the past 16 years (2000 - 2015), there have only been three years when the Colorado River flow has been above average (Metropolitan, 2015 UWMP, June 2016). The long -term imbalance in future supply and demand is projected to be approximately 3.2 MAF by the year 2060. arcadis.com 86 3-2 ► �yFi11V -T.11► 1111=I:7�O /1► /_Te14i if:4iaiN!AAI Approximately 40 million people rely on the Colorado River and its tributaries for water with 5.5 million acres of land using Colorado River water for irrigation. Climate change will affect future supply and demand as increasing temperatures may increase evapotranspiration from vegetation along with an increase in water loss due to evaporation in reservoirs, therefore reducing the available amount of supply from the Colorado River and exacerbating imbalances between increasing demands from rapid growth and decreasing supplies. Four water supply scenarios were developed around these uncertainties, each representing possible water supply conditions. These four scenarios are as follow: • Observed Resampled: future hydrologic trends and variability are similar to the past approximately 100 years. • Paso Resampled: future hydrologic trends and variability are represented by reconstructions of streamflow for a much longer period in the past (approximately 1,250 years) that show expanded variability. • Paleo Conditioned: future hydrologic trends and variability are represented by a blend of the wet -dry states of the longer paleo- reconstructed period. • Downscaled General Circulation Model (GCM) Projected: future climate will continue to warm, with regional precipitation and temperature trends represented through an ensemble of future downscaled GCM projections. The Colorado River Basin Water Supply and Demand Study (Study) assessed the historical water supply in the Colorado River Basin through two historical streamflow data sets, from the year 1906 through 2007 and the paleo- reconstructed record from 762 through 2005. The following are findings from the study: • Increased temperatures in both the Upper and Lower Colorado River Basins since the 1970s has been observed. • Loss of springtime snowpack was observed with consistent results across the lower elevation northern latitudes of the western United States. The large loss of snow at lower elevations strongly suggest the cause is due to shifts in temperature. • The deficit between the two year running average flow and the long -term mean annual flow that started in the year 2000 is more severe than any other deficit in the observed period, at nine years and 28 MAF deficit. • There are deficits of greater severity from the longer paleo record compared to the period from 1906 through 2005. One deficit amounted to 35 MAF through a span of 16 years. • A summary of the trends from the observed period suggest declining stream flows, increases in variability, and seasonal shifts in streamflow that may be related to shifts in temperature. Findings concerning the future projected supply were obtained from the Downscaled GCM Projected scenario as the other methods did not consider the impacts of a changing climate beyond what has occurred historically. These findings include: arcadismni §W3� 3 -3 2015 URBAN WATER MANAGEMENT PLAN Increased temperatures are projected across the Colorado River Basin with larger changes in the Upper Basin than in the Lower Basin. Annual Basin -wide average temperature is projected to increase by 1.3 degrees Celsius over the period through 2040. Projected seasonal trends toward drying are significant in certain regions. A general trend towards drying is present in the Colorado River Basin, although increases in precipitation are projected for some higher elevation and hydrologically productive regions. Consistent and expansive drying conditions are projected for the spring and summer months throughout the Colorado River Basin, although some areas in the Lower Basin are projected to experience slight increases in precipitation, which is thought to be attributed to monsoonal influence in the region. Upper Basin precipitation is projected to increase in the fall and winter, and Lower Basin precipitation is projected to decrease. Snowpack is projected to decrease due to precipitation falling as rain rather than snow and warmer temperatures melting the snowpack earlier. Areas where precipitation does not change or increase is projected to have decreased snowpack in the fall and early winter. Substantial decreases in spring snowpack are projected to be widespread due to earlier melt or sublimation of snowpack. Runoff (both direct and base flow) is spatially diverse, but is generally projected to decrease, except in the northern Rockies. Runoff is projected to increase significantly in the higher elevation Upper Basin during winter but is projected to decrease during spring and summer. The following future actions must be taken to implement solutions and help resolve the imbalance between water supply and demand in areas that use Colorado River water (U.S. Department of the Interior Bureau of Reclamation, Colorado River Basin Water Supply and Demand Study, December 2012): • Resolution of significant uncertainties related to water conservation, reuse, water banking, and weather modification concepts. • Costs, permitting issues, and energy availability issues relating to large- capacity augmentation projects need to be identified and investigated. • Opportunities to advance and improve the resolution of future climate projections should be pursued. • Consideration should be given to projects, policies, and programs that provide a wide -range of benefits to water users and healthy rivers for all users. 3.2.2 State Water Project Supplies The SWP consists of a series of pump stations, reservoirs, aqueducts, tunnels, and power plants operated by DWR and is an integral part of the effort to ensure that business and industry, urban and suburban residents, and farmers throughout much of California have sufficient water. The SWP is the largest state - built, multipurpose, user - financed water project in the United States. Nearly two - thirds of residents in California receive at least part of their water from the SWP with approximately 70 percent of SW P's contracted water supply going to urban users and 30 percent to agricultural users. The primary purpose of the SWP is to divert and store water during wet periods in Northern and Central California and distribute it to areas of need in Northern California, the San Francisco Bay area, the San Joaquin Valley, the Central Coast, and southern California. arcadis.com 68 3 -4 2015 URBAN WATER MANAGEMENT PLAN The availability of water supplies from the SWP can be highly variable. A wet water year may be followed by a dry or critically dry year and fisheries issues can restrict the operations of the export pumps even when water supplies are available. The Sacramento -San Joaquin River Delta (Delta) is key to the SWP's ability to deliver water to its agricultural and urban contractors. All but five of the 29 SWP contractors receive water deliveries below the Delta (pumped via the Harvey O. Banks or Barker Slough pumping plants). However, the Delta faces many challenges concerning its long -term sustainability such as climate change posing a threat of increased variability in floods and droughts. Sea level rise complicates efforts in managing salinity levels and preserving water quality in the Delta to ensure a suitable water supply for urban and agricultural use. Furthermore, other challenges include continued subsidence of Delta islands, many of which are below sea level, and the related threat of a catastrophic levee failure as the water pressure increases, or as a result of a major seismic event. Ongoing regulatory restrictions, such as those imposed by federal biological opinions (Biops) on the effects of SWP and the federal Central Valley Project (CVP) operations on certain marine life, also contributes to the challenge of determining the SWP's water delivery reliability. In dry, below - normal conditions, Metropolitan has increased the supplies delivered through the California Aqueduct by developing flexible CVP /SWP storage and transfer programs. The goal of the storage /transfer programs is to develop additional dry -year supplies that can be conveyed through the available Harvey O. Banks pumping plant capacity to maximize deliveries through the California Aqueduct during dry hydrologic conditions and regulatory restrictions. In addition, the California State Water Resources Control Board (SWRCB) has set water quality objectives that must be met by the SWP including minimum Delta outflows, limits on SWP and CVP Delta exports, and maximum allowable salinity level. Metropolitan's Board approved a Delta Action Plan in June 2007 that provides a framework for staff to pursue actions with other agencies and stakeholders to build a sustainable Delta and reduce conflicts between water supply conveyance and the environment. The Delta action plan aims to prioritize immediate short -term actions to stabilize the Delta while an ultimate solution is selected, and mid -term steps to maintain the Delta while a long -term solution is implemented. Currently, Metropolitan is working towards addressing three basin elements: Delta ecosystem restoration, water supply conveyance, and flood control protection and storage development. "Table A" water is the maximum entitlement of SWP water for each water contracting agency. Currently, the combined maximum Table A amount is 4.17 million AFY. Of this amount, 4.13 million AFY is the maximum Table A water available for delivery from the Delta pumps as stated in the State Water Contract. However, deliveries commonly are less than 50 percent of the Table A. SWP contractors may receive Article 21 water on a short -term basis in addition to Table A water if requested. Article 21 of SWP contracts allows contractors to receive additional water deliveries only under specific conditions, generally during wet months of the year (December through March). Because an SWP contractor must have an immediate use for Article 21 supply or a place to store it outside of the SWP, there are few contractors like Metropolitan that can access such supplies. . Carryover water is SWP water allocated to an SWP contractor and approved for delivery to the contractor in a given year but not used by the end of the year. The unused water is stored in the SWP's share of San Luis Reservoir, when space is available, for the contractor to use in the following year. arc disxom 9 I�b 3 -5 2015 URBAN WATER MANAGEMENT PLAN Turnback pool water is Table A water that has been allocated to SWP contractors that has exceeded their demands. This water can then be purchased by another contractor depending on its availability. SWP Delta exports are the water supplies that are transferred directly to SWP contractors or to San Luis Reservoir storage south of the Delta via the Harvey O. Banks pumping plant. Estimated average annual Delta exports and SWP Table A water deliveries have generally decreased since 2005, when Delta export regulations affecting SWP pumping operations became more restrictive due to the Biops. A summary of SWP water deliveries from the years 2005 and 2013 is summarized in Table 3 -1. Table 3 -1: Metropolitan Colorado River Aqueduct. Program Capabilities The following factors affect the ability to estimate existing and future water delivery reliability: • Water availability at the source: Availability depends on the amount and timing of rain and snow that fall in any given year. Generally, during a single dry year or two, surface and groundwater storage can supply most water deliveries, but multiple dry years can result in critically low water reserves. • Water rights with priority over the SWP: Water users with prior water rights are assigned higher priority in DWR's modeling of the SWP's water delivery reliability, even ahead of SWP Table A water. • Climate change: mean temperatures are predicted to vary more significantly than previously expected. This change in climate is anticipated to bring warmer winter storms that result in less snowfall at lower elevations, reducing total snowpack. From historical data, DWR projects that by 2050, the Sierra snowpack will be reduced from its historical average by 25 to 40 percent. Increased precipitation as rain could result in a larger number of "rain -on- snow" events, causing snow to melt earlier in the year and over fewer days than historically, affecting the availability of water for pumping by the SWP during summer. • Regulatory restrictions on SWP Delta exports due to the Biops to protect special- status species such as delta smelt and spring- and winter -run Chinook salmon. Restrictions on SWP operations imposed by state and federal agencies contribute substantially to the challenge of accurately determining the SW P's water delivery reliability in any given year. • Ongoing environmental and policy planning efforts: the California WaterFix involves water delivery improvements that could reduce salinity levels by diverting a greater amount of lower salinity Sacramento water to the South Delta export pumps. The EcoRestore Program aims to restore at least 30,000 acres of Delta habitat, and plans to be well on the way to meeting that goal by the year 2020. arcadis.com Bill 4U 3 -6 2015 URBAN WATER MANAGEMENT PLAN Delta levee failure: The levees are vulnerable to failure because most original levees were simply built with soils dredged from nearby channels and were not engineered. A breach of one or more levees and island flooding could affect Delta water quality and SWP operations for several months. When islands are flooded, DWR may need to drastically decrease or even cease SWP Delta exports to evaluate damage caused by salinity in the Delta. The Delta Risk Management Strategy addresses the problem of Delta levee failure and evaluates alternatives to reduce the risk to the Delta. Four scenarios were developed to represent a range of possible risk reduction strategies (Department of Water Resources, The State Water Project Final Delivery Capability Report 2015, July 2015). They are: • Trial Scenario 1 Improved Levees: This scenario looks at improving the reliability of Delta levees against flood- induced failures by providing up to 100 -year flood protection. The report found that improved levees would not reduce the risk of potential water export interruptions, nor would it change the seismic risk of most levees. • Trial Scenario 2 Armored Pathway. This scenario looks at improving the reliability of water conveyance by creating a route through the Delta that has high reliability and the ability to minimize saltwater intrusion into the south Delta. The report found that this scenario would have the joint benefit of reducing the likelihood of levee failures from flood events and earthquakes, and of significantly reducing the likelihood of export disruptions. • Trial Scenario 3 isolated Conveyance: This scenario looks to provide high reliability for conveyance of export water by building an isolated conveyance facility on the east side of the Delta. The effects of this scenario are similar to those for Trial Scenario 2 but with the added consequence of seismic risk of levee failure on islands that are not part of the isolated conveyance facility. • Trial Scenario 4 Dual Conveyance: This scenario is a combination of Scenarios 2 and 3 as it looks to improve reliability and flexibility for conveyance of export water by constructing an isolated conveyance facility and through -Delta conveyance. It would mitigate the vulnerability of water exports associated with Delta levee failure and offer flexibility in water exports from the Delta and the isolated conveyance facility. However, seismic risk would not be reduced on islands not part of the export conveyance system or infrastructure pathway. DWR has altered the SWP operations to accommodate species of fish listed under the Biops, and these changes have adversely impacted SWP deliveries. DWR's Water Allocation Analysis indicated that export restrictions are currently reducing deliveries to Metropolitan as much as 150 TAF to 200 TAF under median hydrologic conditions. Operational constraints likely will continue until a long -term solution to the problems in the Bay -Delta is identified and implemented. New biological opinions for listed species under the Federal ESA or by the California Department of Fish and Game's issuance of incidental take authorizations under the Federal ESA and California ESA might further adversely affect SWP and CVP operations. Additionally, new litigation, listings of additional species or new regulatory requirements could further adversely affect SWP operations in the future by requiring additional export reductions, releases of additional water from storage or other operational changes impacting water supply operations. arcadis.rom� w� 3-7 2015 URBAN WATER MANAGEMENT PLAN 3.2.3 Storage Storage is a major component of Metropolitan's dry year resource management strategy. Metropolitan's likelihood of having adequate supply capability to meet projected demands, without implementing its Water Supply Allocation Plan (WSAP), is dependent on its storage resources. Lake Oroville is the SWP's largest storage facility, with a capacity of about 3.5 MAF. The water is released from Oroville Dam into the Feather River as needed, which converges with the Sacramento River while some of the water at Bethany Reservoir is diverted from the California Aqueduct into the South Bay Aqueduct. The primary pumping plant, the Harvey O. Banks pumping plant, pumps Delta water into the California Aqueduct, which is the longest water conveyance system in California. Historically, local groundwater has been the cheapest and most reliable source of supply for the City. The City draws water from the OC Basin. This source of water meets approximately 71 percent of the City's total annual demand. 3.3.1 Basin Characteristics The OC Basin underlies the northerly half of Orange County beneath broad lowlands. The OC Basin managed by OCWD covers an area of approximately 350 square miles, bordered by the Coyote and Chino Hills to the north, the Santa Ana Mountains to the northeast, and the Pacific Ocean to the southwest. The OC Basin boundary extends to the Orange County -Los Angeles Line to the northwest, where groundwater flows across the county line into the Central Groundwater Basin of Los Angeles County. The total thickness of sedimentary rocks in the OC Basin is over 20,000 feet, with only the upper 2,000 to 4,000 feet containing fresh water. The Pleistocene or younger aquifers comprising this OC Basin are over 2,000 feet deep and form a complex series of interconnected sand and gravel deposits. The OC Basin's full volume is approximately 66 MAF. There are three major aquifer systems that have been subdivided by OCWD, the Shallow Aquifer System, the Principal Aquifer System, and the Deep Aquifer System. These three aquifer systems are hydraulically connected as groundwater is able to flow between each other through intervening aquitards or discontinuities in the aquitards. The Shall Aquifer system occurs from the surface to approximately 250 feet below ground surface. Most of the groundwater from this aquifer system is pumped by small water systems for industrial and agricultural use. The Principal Aquifer system occurs at depths between 200 and 1,300 feet below ground surface. Over 90 percent of groundwater production is from wells that are screened within the Principal Aquifer system. Only a minor amount of groundwater is pumped from the Deep Aquifer system, which underlies the Principal Aquifer system and is up to 2,000 feet deep in the center of the OC Basin. The three major aquifer systems are shown on Figure 3 -2. arcadis.com 515MLS U 3 -8 LZ�Lb1�1 :�J_�utir /G�I�:a��il�►►_le] :Iky _10I i✓ ff 4. i- i� dry d[' y.�y� AA�'�,a r�' -�'`f I _ n Y 0 P l LAMITOS BARRIER ,!s<° of a9, a TALBERT .:]BARRIER# 'poll yes Ce t ,� >i' t 5i J �>✓ y11 5 T a, P, gi r�u I1Algi R i..n M >' y /� JbY_�i�tE F ie %� p s'6i N ONA36asn B-0. COea4,I Plea [�OCWD Boundary p 5 of CC Oldundwoldf Be9ln Md Held. 6 Bree C,ly - ° i 3 ' ■ Infedonwells BOundarea W E Faulty Newpod -Inglewood =OCWCIRedharge Fe0I!os ,rr f5 e o e °' 8 `nmds 1 /F - b5'ruWFwnDNx OeiO bLSUFe ntlerym.< ' } �� "Y Figure 3 -2: Map of the Orange County Groundwater Basin and its Major Aquifer Systems The OCWD was formed in 1933 by a special legislative act of the California State Legislature to protect and manage the County's vast, natural, groundwater supply using the best available technology and armdis.com 9 I4� 3 -9 2015 URBAN WATER MANAGEMENT PLAN defend its water rights to the OC Basin. This legislation is found in the State of California Statutes, Water — Uncodified Acts, Act 5683, as amended. The OC Basin is managed by OCWD under the Act, which functions as a statutorily- imposed physical solution. Groundwater levels are managed within a safe basin operating range to protect the long -term sustainability of the OC Basin and to protect against land subsidence. OCWD regulates groundwater levels in the OC Basin by regulating the annual amount of pumping (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.2 Basin Production Percentage The OC Basin is not adjudicated and as such, pumping from the OC Basin is managed through a process that uses financial incentives to encourage groundwater producers to pump a sustainable amount of water. The framework for the financial incentives is based on establishing the basin production percentage (BPP), the percentage of each Producer's total water supply that comes from groundwater pumped from the OC Basin. Groundwater production at or below the BPP is assessed a Replenishment Assessment (RA). While there is no legal limit as to how much an agency pumps from the OC Basin, there is a financial disincentive to pump above the BPP. Agencies that pump above the BPP are charged the RA plus the Basin Equity Assessment (BEA), which is calculated so that the cost of groundwater production is greater than MW DOC's full service rate. The BEA can be increased to discourage production above the BPP. The BPP is set uniformly for all Producers by OCWD on an annual basis. The BPP is set based on groundwater conditions, availability of imported water supplies, and basin management objectives. The supplies available for recharge must be estimated for a given year. The supplies of recharge water that are estimated are: 1) Santa Ana River stormflow, 2) Natural incidental recharge, 3) Santa Ana River baseflow, 4) GWRS supplies, and 5) other supplies such as imported water and recycled water purchased for the Alamitos Barrier. The BPP is a major factor in determining the cost of groundwater production from the OC Basin for that year. In some cases, OCWD encourages treating and pumping groundwater that does not meet drinking water standards in order to protect water quality. This is achieved by using a financial incentive called the BEA Exemption. A BEA Exemption is used to clean up and contain the spread of poor quality water. OCWD uses a partial or total exemption of the BEA to compensate a qualified participating agency or Producer for the costs of treating poor quality groundwater. When OCWD authorizes a BEA exemption for a project, it is obligated to provide the replenishment water for the production above the BPP and forgoes the BEA revenue that OCWD would otherwise receive from the producer (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.2.1 2015 OCWD Groundwater Management Plan OCWD was formed in 1933 by the California legislature to manage and operate the OC Basin in order to protect and increase the OC Basin's sustainable yield in a cost - effective manner. As previously mentioned, the BPP is the primary mechanism used by OCWD to manage pumping in the OC Basin. In 2013, OCW D's Board of Directors adopted a policy to establish a stable BPP with the intention to work toward achieving and maintaining a 75 percent BPP by FY 2015 -16. Although BPP is set at 75 percent, arcadis.com —EXH B: 4 3 -10 2015 URBAN WATER MANAGEMENT PLAN based on discussions with OCWD a conservative BPP of 70 percent is assumed through 2040. Principles of this policy include: • OCWD's goal is to achieve a stable 75 percent BPP, while maintaining the same process of setting the BPP on an annual basis, with the BPP set in April of each year after a public hearing has been held and based upon the public hearing testimony, presented data, and reports provided at that time. • OCWD would endeavor to transition to the 75 percent BPP between 2013 and 2015 as construction of the GWRS Initial Expansion Project is completed. This expansion will provide an additional 31,000 AFY of water for recharging the groundwater basin. • OCWD must manage the OC Basin in a sustainable manner for future generations. The BPP will be reduced if future conditions warrant the change. • Each project and program to achieve the 75 percent BPP goal will be reviewed individually and assessed for their economic viability. The OC Basin's storage levels would be managed in accordance to the 75 percent BPP policy. It is presumed that the BPP will not decrease as long as the storage levels are between 100,000 and 300,000 AF from full capacity. If the OC Basin is less than 100,000 AF below full capacity, the BPP will be raised. If the OC Basin is over 350,000 AF below full capacity, additional supplies will be sought after to refill the OC Basin and the BPP will be lowered. The OC Basin is managed to maintain water storage levels of not more than 500,000 AF below full condition to avoid permanent and significant negative or adverse impacts. Operating the OC Basin in this manner enables OCWD to encourage reduced pumping during wet years when surface water supplies are plentiful and increase pumping during dry years to provide additional local water supplies during droughts. OCWD determines the optimum level of storage for the following year when it sets the BPP each year. Factors that affect this determination include the current storage level, regional water availability, and hydrologic conditions. When the OC Basin's storage approaches the lower end of the operating range, immediate issues that must be addressed include seawater intrusion, increased risk of land subsidence, and potential for shallow wells to become inoperable due to lower water levels (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.2.2 OCWD Engineer's Report The OCWD Engineer's Report reports on the groundwater conditions and investigates information related to water supply and OC Basin usage within OCWD's service area. The overall BPP achieved in the 2013 to 2014 water year within OCWD for non - irrigation use was 75.2 percent. However, a BPP level above 75 percent may be difficult to achieve. Therefore, a BPP ranging from 65 percent to 70 percent is currently being proposed for the ensuing FY 2015 -16. Analysis of the OC Basin's projected accumulated overdraft, the available supplies to the OC Basin (assuming average hydrology) and the projected pumping demands indicate that this level of pumping can be sustained for 2015 -16 without harming the OC Basin. arcaclic.com flfi"Fb 3 -11 2015 URBAN WATER MANAGEMENT PLAN A BPP of 70 percent corresponds to approximately 320,000 AF of groundwater production including 22,000 AF of groundwater production above the BPP to account for several groundwater quality enhancement projects discussed earlier. In FY 2015 -16 additional production of approximately 22,000 AF above the BPP will be undertaken by the City of Tustin, City of Garden Grove, Mesa Water District, and Irvine Ranch Water District. These agencies use the additional pumping allowance in order to accommodate groundwater quality improvement projects. As in prior years, production above the BPP from these projects would be partially or fully exempt from the BEA as a result of the benefit provided to the OC Basin by removing poor - quality groundwater and treating it for beneficial use (OCWD, 2013 -2014 Engineer's Report, February 2015). 3.3.3 Groundwater Recharge Facilities Recharging water into the OC Basin through natural and artificial means is essential to support pumping from the OC Basin. Active recharge of groundwater began in 1949, in response to increasing drawdown of the OC Basin and consequently the threat of seawater intrusion. The OC Basin's primary source of recharge is flow from the Santa Ana River, which is diverted into recharge basins and its main Orange County tributary, Santiago Creek. Other sources of recharge water include natural infiltration, recycled water, and imported water. Natural recharge consists of subsurface inflow from local hills and mountains, infiltration of precipitation and irrigation water, recharge in small flood control channels, and groundwater underflow to and from Los Angeles County and the ocean. Recycled water for the OC Basin is from two sources. The main source of recycled water is from the GWRS and is recharged in the surface water system and the Talbert Seawater Barrier. The second source of recycled water is the Leo J. Vander Lans Treatment Facility which supplies water to the Alamitos Seawater Barrier. Injection of recycled water into these barriers is an effort by OCWD to control seawater intrusion into the OC Basin. Operation of the injection wells forms a hydraulic barrier to seawater intrusion. Untreated imported water can be used to recharge the OC Basin through the surface water recharge system in multiple locations, such as Anaheim Lake, Santa Ana River, Irvine Lake, and San Antonio Creek. Treated imported water can be used for in -lieu recharge, as was performed extensively from 1977 to 2007 (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.4 Metropolitan Groundwater Replenishment Program OCWD, MWDOC, and Metropolitan have developed a successful and efficient groundwater replenishment program to increase storage in the OC Basin. The Groundwater Replenishment Program allows Metropolitan to sell groundwater replenishment water to OCWD and make direct deliveries to agency distribution systems in lieu of producing water from the groundwater basin when surplus surface water is available. This program indirectly replenishes the OC Basin by avoiding pumping. In the in -lieu program, OCWD requests an agency to halt pumping from specified wells. The agency then takes replacement water through its import connections, which is purchased by OCWD from Metropolitan. OCWD purchases the water at a reduced rate, and then bills the agency for the amount it would have had to pay for energy and the RA if it had produced the water from its wells. The deferred local production results in water being left in local storage for future use. arradiacom 5 "11317b .3 3 -12 PIyFi 1: it _1I \VIVGlI:I :ItIi_1V_Ce]=11L1:1► _1► 3.3.5 Metropolitan Conjunctive Use Program Since 2004, OCWD and certain groundwater producers have participated in Metropolitan's Conjunctive Use Program (CUP). This program allows for the storage of Metropolitan water in the OC Basin. The existing Metropolitan program provides storage up to 66,000 AF of water in the OC Basin in exchange for Metropolitan's contribution to improvements in basin management facilities. These improvements include eight new groundwater production wells, improvements to the seawater intrusion barrier, and construction of the Diemer Bypass Pipeline. The water is accounted for via the CUP program administered by the wholesale agencies and is controlled by Metropolitan such that it can be withdrawn over a three -year time period (OCWD, 2013 -2014 Engineer's Report, February 2015). 3.3.6 Groundwater Historical Extraction The City pumps groundwater through its twenty operating groundwater wells. A summary of the groundwater volume pumped by the City is shown in Table 3 -2. Table 3 -2: Groundwater Volume Pumped (AF) Alluvial Basin Orange County 24,293 20,236 26,613 27,953 26,351 Groundwater Basin 27 NOTES: 3.3.7 Overdraft Conditions Annual groundwater basin overdraft, as defined in OCWD's Act, is the quantity by which production of groundwater supplies exceeds natural replenishment of groundwater supplies during a water year. This difference between extraction and replenishment can be estimated by determining the change in volume of groundwater in storage that would have occurred had supplemental water not been used for any groundwater recharge purpose, including seawater intrusion protection, advanced water reclamation, and the in -Lieu Program. The annual analysis of basin storage change and accumulated overdraft for water year 2013 -14 has been completed. Based on the three -layer methodology, an accumulated overdraft of 342,000 AF was calculated for the water year ending June 30, 2014. The accumulated overdraft for the water year ending June 30, 2013 was 242,000 AF, which was also calculated using the three -layer storage method. Therefore, an annual decrease of 100,000 AF in stored groundwater was calculated as the difference between the June 2013 and June 2014 accumulated overdrafts (OCWD, 2013 -2014 Engineer's Report, February 2015). 3.4 Summary of Existing and Planned Sources of Water The actual sources and volume of water for the year 2015 is displayed in Table 3 -3. arcadis.com jaa 3 -13 2015 URBAN WATER MANAGEMENT PLAN Table 3.3: Water Supplies, Actual (AF) arcadis.cam 5B Boa 3 -14 } G ) \ , / ) } / \ 7 j 55B-49 LO � @ § / r \ >> $ ��� \ , { ƒ §/ALn r /] ._» } \ /&.\ / : a © \)I \ \2 0 » { % ® 0 ) \ \ m . 2 \) ) ^( 55B-49 LO � @ § / 2015 URBAN WATER MANAGEMENT PLAN The City receives recycled water from the Green Acres Project (GAP) that is used for non - potable applications. More information concerning the City's recycled water usage can be found in Section 6. 3.6 Supply Reliability 3.6.1 Overview Every urban water supplier is required to assess the reliability of their water service to its customers under normal, dry, and multiple dry water years. The City depends on a combination of imported and local supplies to meet its water demands and has taken numerous steps to ensure it has adequate supplies. Development of numerous local augment the reliability of the imported water system. There are various factors that may impact reliability of supplies such as legal, environmental, water quality and climatic which are discussed below. The water supplies are projected to meet full - service demands; Metropolitan's 2015 UW MP finds that Metropolitan is able to meet, full - service demands of its member agencies starting 2020 through 2040 during normal years, single dry year, and multiple dry years. Metropolitan's 2015 Integrated Water Resources Plan (IRP) update describes the core water resources that will be used to meet full - service demands at the retail level under all foreseeable hydrologic conditions from 2020 through 2040. The foundation of Metropolitan's resource strategy for achieving regional water supply reliability has been to develop and implement water resources programs and activities through its IRP preferred resource mix. This preferred resource mix includes conservation, local resources such as water recycling and groundwater recovery, Colorado River supplies and transfers, SWP supplies and transfers, in- region surface reservoir storage, in- region groundwater storage, out -of- region banking, treatment, conveyance and infrastructure improvements. 3.6.2 Factors Impacting Reliability The Act requires a description of water supply reliability and vulnerability to seasonal or climatic shortage. The City's ability to meet supply demands is contingent upon its ability to maintain its water production assets in proper working order. In addition, the following are some of the factors identified by Metropolitan that may have an impact on the reliability of Metropolitan supplies. 3.6.2.1 Environment Endangered species protection needs in the Delta have resulted in operational constraints to the SWP system, as mentioned previously in the State Water Project Supplies section. 3.6.2.2 Legal The addition of more species under the Endangered Species Act and new regulatory requirements could impact SWP operations by requiring additional export reductions, releases of additional water from storage or other operational changes impacting water supply operations. arcadis.com B9d 3 -16 2015 URBAN WATER MANAGEMENT PLAN 3.6.2.3 Water Quality 3.6.2.3.1 Imported Water Metropolitan is responsible for providing high quality potable water throughout its service area. Over 300,000 water quality tests are performed per year on Metropolitan's water to test for regulated contaminants and additional contaminants of concern to ensure the safety of its waters. Metropolitan's supplies originate primarily from the CRA and from the SWP. A blend of these two sources, proportional to each year's availability of the source, is then delivered throughout Metropolitan's service area. Metropolitan's primary water sources face individual water quality issues of concern. The CRA water source contains higher total dissolved solids (TDS) and the SWP contains higher levels of organic matter, lending to the formation of disinfection byproducts. To remediate the CRA's high level of salinity and the SWP's high level of organic matter, Metropolitan blends CRA and SWP supplies and has upgraded all of its treatment facilities to include ozone treatment processes. In addition, Metropolitan has been engaged in efforts to protect its Colorado River supplies from threats of uranium, perchlorate, and chromium VI while also investigating the potential water quality impact of emerging contaminants, N- nitrosodimethylamine (NDMA), and pharmaceuticals and personal care products (PPCP). While unforeseeable water quality issues could alter reliability, Metropolitan's current strategies ensure the deliverability of high quality water. The presence of Quagga Mussels in water sources is a water quality concern. Quagga Mussels are an invasive species that was first discovered in 2007 at Lake Mead, on the Colorado River. This species of mussels form massive colonies in short periods of time, disrupting ecosystems and blocking water intakes. They are capable of causing significant disruption and damage to water distribution systems. Controlling the spread and impacts of this invasive species within the CRA requires extensive maintenance and results in reduced operational flexibility. It also resulted in Metropolitan eliminating deliveries of CRA water into Diamond Valley Lake to keep the reservoir free from Quagga Mussels. 3.6.2.3.2 Groundwater OCWD is responsible for managing the OC Basin. To maintain groundwater quality, OCWD conducts an extensive monitoring program that serves to manage the OC Basin's groundwater production, control groundwater contamination, and comply with all required laws and regulations. A network of nearly 700 wells provides OCWD a source for samples, which are tested for a variety of purposes. OCWD collects 600 to 1,700 samples each month to monitor OC Basin water quality. These samples are collected and tested according to approved federal and state procedures as well as industry- recognized quality assurance and control protocols. Salinity is a significant water quality problem in many parts of southern California, including Orange County. Salinity is a measure of the dissolved minerals in water including both TDS and nitrates. OCWD continuously monitors the levels of TDS in wells throughout the OC Basin. TDS currently has a California Secondary Maximum Contaminant Level (MCL) of 500 mg /L. The portions of the OC Basin with the highest levels are generally located in the Cites of Irvine, Tustin, Yorba Linda, Anaheim, and Fullerton. There is also a broad area in the central portion of the OC Basin where TDS ranges from 500 to 700 mg /L. Sources of TDS include the water supplies used to recharge the OC Basin and from onsite arcadis.wm M� y 1 3 -17 2015 URBAN WATER MANAGEMENT PLAN wastewater treatment systems, also known as septic systems. The TDS concentration in the OC Basin is expected to decrease over time as the TDS concentration of GWRS water used to recharge the OC Basin is approximately 50 mg /L. Nitrates are one of the most common and widespread contaminants in groundwater supplies, originating from fertilizer use, animal feedlots, wastewater disposal systems, and other sources. The MCL for nitrate in drinking water is set at 10 mg /L. OCWD regularly monitors nitrate levels in groundwater and works with producers to treat wells that have exceeded safe levels of nitrate concentrations. OCWD manages the nitrate concentration of water recharged by its facilities to reduce nitrate concentrations in groundwater. This includes the operation of the Prado Wetlands, which was designed to remove nitrogen and other pollutants from the Santa Ana River before the water is diverted to be percolated into OCWD's surface water recharge system. Although water from the Deep Aquifer System is of very high quality, it is amber - colored and contains a sulfuric odor due to buried natural organic material. These negative aesthetic qualities require treatment before use as a source of drinking water. The total volume of the amber - colored groundwater is estimated to be approximately 1 MAF. Other contaminants that OCWD monitors within the OC Basin include: • Methyl Tertiary Butyl Ether (MTBE) — MTBE is an additive to gasoline that increases octane ratings but became a widespread contaminant in groundwater supplies. The greatest source of MTBE contamination comes from underground fuel tank releases. The primary MCL for MTBE in drinking water is 13 pg /L. • Volatile Organic Compounds (VOC) — VOCs come from a variety of sources including industrial degreasers, paint thinners, and dry cleaning solvents. Locations of VOC contamination within the OC Basin include the former El Toro marine Corps Air Station, the Shall Aquifer System, and portions of the Principal Aquifer System in the Cities of Fullerton and Anaheim. NDMA — NDMA is a compound that can occur in wastewater that contains its precursors and is disinfected via chlorination and /or chloramination. It is also found in food products such as cured meat, fish, beer, milk, and tobacco smoke. The California Notification Level for NDMA is 10 ng /L and the Response Level is 300 ng /L. In the past, NDMA has been found in groundwater near the Talbert Barrier, which was traced to industrial wastewater dischargers. • 1,4- Dioxane — 1,4- Dioxane is a suspected human carcinogen. It is used as a solvent in various industrial processes such as the manufacture of adhesive products and membranes. Perchlorate — Perchlorate enters groundwater through application of fertilizer containing perchlorate, water imported from the Colorado River, industrial or military sites that have perchlorate, and natural occurrence. Perchlorate was not detected in 84 percent of the 219 production wells tested between the years 2010 through 2014. Selenium — Selenium is a naturally occurring micronutrient found in soils and groundwater in the Newport Bay watershed. The bio- accumulation of selenium in the food chain may result in deformities, stunted growth, reduced hatching success, and suppression of immune systems in fish and wildlife. Management of selenium is difficult as there is no off - the -shelf treatment technology available. arcadis.com '= 3 -18 2015 URBAN WATER MANAGEMENT PLAN Constituents of Emerging Concern (CEC) — CECs are either synthetic or naturally occurring substances that are not currently regulated in water supplies or wastewater discharged but can be detected using very sensitive analytical techniques. The newest group of CECs include pharmaceuticals, personal care products, and endocrine disruptors. OCWD's laboratory is one of a few in the state of California that continuously develops capabilities to analyze for new compounds (OCWD, Groundwater Management Plan 2015 Update, June 2015). 16.2.4 Climate Change Changing climate patterns are expected to shift precipitation patterns and affect water supply. Unpredictable weather patterns will make water supply planning more challenging. The areas of concern for California include a reduction in Sierra Nevada Mountain snowpack, increased intensity and frequency of extreme weather events, and rising sea levels causing increased risk of Delta levee failure, seawater intrusion of coastal groundwater basins, and potential cutbacks on the SWP and CVP. The major impact in California is that without additional surface storage, the earlier and heavier runoff (rather than snowpack retaining water in storage in the mountains), will result in more water being lost to the oceans. A heavy emphases on storage is needed in the State of California. In addition, the Colorado River Basin supplies have been inconsistent since about the year 2000, resulting in 13 of the last 16 years of the upper basin runoff being below normal. Climate models are predicting a continuation of this pattern whereby hotter and drier weather conditions will result in continuing lower runoff. Legal, environmental, and water quality issues may have impacts on Metropolitan supplies. It is felt, however, that climatic factors would have more of an impact than legal, water quality, and environmental factors. Climatic conditions have been projected based on historical patterns but severe pattern changes are still a possibility in the future. 3.6.3 Normal -Year Reliability Comparison The water demand forecasting model developed for the OC Reliability Study (described in Section 2.4.1), to project the 25 -year demand for Orange County water agencies, also isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The explanatory variables of population, temperature, precipitation, unemployment rate, drought restrictions, and conservation measures were used to create the statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition. The average (normal) demand is represented by the average water demand of 1990 to 2014 (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). The City is 100 percent reliable for normal year demands from 2020 through 2040. The City has entitlements to receive imported water from Metropolitan via the regional distribution system. Although pipeline and connection capacity rights do not guarantee the availability of water, per se, they do guarantee the ability to convey water when it is available to the Metropolitan distribution system. All imported water supplies are assumed available to the City from existing water transmission facilities. The demand and supplies listed below also include local groundwater supplies that are available to the City through OCWD by a pre- determined pumping percentage. arcadis.mni M 'U� 3 -19 M 2015 URBAN WATER MANAGEMENT PLAN 3.6.4 Single -Dry Year Reliability Comparison A single -dry year is defined as a single year of no to minimal rainfall within a period that average precipitation is expected to occur. The water demand forecasting model developed for the OC Reliability Study (described in Section 2.4.1) isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition (1990- 2014). For a single dry year condition (FY2013 -14), the model projects a six percent increase in demand for the OC Basin area where the City's service area is located (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). Detailed information of the model is included in Appendix G. The City has documented that it is 100 percent reliable for single dry year demands from 2020 through 2040 with a demand increase of six percent from normal demand with significant reserves held by Metropolitan, local groundwater supplies, and conservation. 3.6.5 Multiple -Dry Year Period Reliability Comparison Multiple -dry years are defined as three or more consecutive years with minimal rainfall within a period of average precipitation. The water demand forecasting model developed for the OC Reliability Study (described in Section 2.4.1) isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition (1990- 2014). For a single dry year condition (FY2013 -14), the model projects a six percent increase in demand for the OC Basin area where the City's service area is located (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). It is conservatively assumed that a three -year multi dry year scenario is a repeat of the single dry year over three consecutive years (FY 2011 -12 through FY 2013 -14). The City is capable of meeting all customers' demands with significant reserves held by Metropolitan, local groundwater supplies, and conservation in multiple dry years from 2020 through 2040 with a demand increase of six percent from normal demand with significant reserves held by Metropolitan, local groundwater supplies, and conservation. The basis of the water year is displayed in Table 3 -5. arcadis.com S B� w1 3-20 2015 URBAN WATER MANAGEMENT PLAN Table 3 -5: Basis of Water Year Data A comparison between the supply and the demand for projected years between 2020 and 2040 is shown in Table 3 -6. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. Table 3 -6: Normal Year Supply and Demand Comparison (AF) A comparison between the supply and the demand in a single dry year and multiple dry years are shown in Tables 3 -7 and 3 -8 respectively. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. arcadis.com 3 -21 2015 URBAN WATER MANAGEMENT PLAN Table 3-7: Single Dry Year Supply and Demand Comparison (AF) Table 3-8; Multiple Dry Years Supply and Demand Comparison (AF) Retail: Multiple Dry Years Supply and Demand Comparison 39,218 42,100 42,388 42,377 42,438 �Q ' 39, 218 42,100 42,388 42,377 42,438 -Diff 0 0 0 0 0 39,218 42,100 42,388 42,377 42,438 - 'bh ,56� "dY09r? ,9' maw �pqtjal� 9 3 '218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 u 001s, 39,218 42,100 42,388 42,377 42,438 Third ,year Oernar&ws',, 39,218 42,100 42,388 1 42,377 42,438 Inenc DiffL e' 0 0 0 0 0 NOTES: Developed by MWDOC as 2015 Bump Methodology arcadis.wrn ]EXIII B LI A 3-22 6513-56 2015 URBAN WATER MANAGEMENT PLAN The Demand Management Measures (DMM) section provides a comprehensive description of the water conservation programs that a supplier has implemented, is currently implementing, and plans to implement in order to meet its urban water use reduction targets. The reporting requirements for DMM were significantly modified and streamlined in 2014 by Assembly Bill 2067. For a retail agency such as the City the requirements changed from having 14 specific measures to six more general requirements plus an 'other" category. The City Council adopted the Water Conservation and Supply Shortage Program Ordinance No. NS -2877 on May 19, 2015. Ordinance No. NS -2877 establishes permanent water conservation requirements and prohibition against waste that are effective at all times and is not dependent upon a water shortage for implementation, as follows: • No washing down hard or paved surfaces • Limit on watering hours • Re- circulating water required for water fountains and decorative water features • Drinking water served upon request only • Limits on washing vehicles • Commercial lodging establishments must provide guests option to decline daily linen services • Restaurants required to use water conserving dish wash spray valves • Obligation to fix leaks, break, or malfunctions No installation of single pass cooling systems • Commercial car wash systems • No excessive water flow or runoff • No installation of non - recirculating water systems in commercial car wash and laundry systems • No watering during or within 48 hours of measurable rainfall • No irrigation of ornamental turf on public street medians with potable water • Limit on irrigation with potable water of landscapes outside of new construction In an event of a water supply shortage, the ordinance further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. The provisions and water conservation measures to be implemented in response to each shortage level are described in Section 5 of the UWMP. The City's Water Conservation and Supply Shortage Program Ordinance is included in Appendix D. arcadis.corri B9t 4 -1 2015 URBAN WATER MANAGEMENT PLAN Table 4 -1 summarizes the City's water waste prohibition efforts in the past five years and the projected number of sit visits and expenditures related to the Water Conservation and Supply Shortage Program. Table 4.1; Water Waste Prohibition The City maintains active water wasting prohibition measures at all times and has the ability to implement additional measures as water conservation needs dictate (see Table 5.3 in Section 5 -5). In 2015, as a result of the Governor's drought mandates, the City began to track its water wasting prohibition enforcement activities. On June 2, 2015 the City declared a Phase 2 water supply shortage in Resolution No. 2015 -025 by formally requiring all water consumers to reduce use by 12 percent relative to their 2013 consumption. Additionally, on August 4, 2015, a water wasting penalty rate was established by Resolution No. 2015 -047. This new penalty rate permits City staff to penalize those users not meeting their water use reduction targets of 12 percent. The City of Santa Ana as a whole has been meeting its State mandated target; as a result the City has yet to impose any monetary penalties on any of its users. The City has communicated the water wasting prohibitions and water conservation measures via various communication outlets available including messaging on water bills, bill inserts, bill envelopes, the City website, bus shelter advertisements, City newsletters, pole banners across the City, and a water conservation booth at community events. As a result, in 2015 the City received 1,064 water waster complaints: a dramatic increase from prior years. The City intends to continue both its water waste enforcement efforts and water conservation messaging in the future; however, the intensity of both activities will be directly related to the level of water conservation required to meet stated use reductions. w! The City requires individual metering for all new connections and bills by volume -of -use. All existing connections are metered. arcadis.com Exid By 4-2 55 b— 2015 URBAN WATER MANAGEMENT PLAN The City has a meter replacement and calibration program in place. The program is focused on replacing aging meters and those with high use. The City's meter calibration program is customer driven and is focused on testing meters at the request of customers. The City plans to expand the meter replacement and calibration program in the next five years by the implementing and deploying Automated Meter Infrastructure (AMI) and a proactive calibration and testing program focused on periodically testing high use meters. In accordance with the City's municipal code, all new development with over 1,000 square feet of landscape requires the installation of dedicated landscape meters. The City has also adopted a policy requiring individual metering of all users such as individual tenants of commercial plazas, residential condominiums, and apartments. a There are two parts to the City's water service charges: a fixed Basic Service Charge and a variable Commodity Charge. The Basic Service Charge is a fixed amount based on the connection's meter size and is billed bi- monthly. The Commodity Charge is determined by the amount of water served to the property and is measured in hundred cubic feet (HCF). The City also provides private fire water service and recycled water to specific customers and also has a Private Fire Service Charge and a Recycled Water Commodity Charge. The City's current Commodity Charge rates, effective from July 1, 2015 until July 1, 2016, were approved on February 17, 2015 and are shown in Table 4 -2. Table 4.2: Water Rates Effective July 1, 2015 r x Part of the City's public education and outreach program is administered by MW DOC, although the City is not one of its retail agencies. MWDOC has established an extensive public education and outreach program to assist retail agencies in Orange County to promote water use efficiency awareness within their service areas. MWDOC's public education and outreach programs consist of five primary activities as described below. In addition to the primary programs it administers, MWDOC also maintains a vibrant public website (www.mwdoc.com) as well as a social media presence on Facebook, Twitter and Instagram. MWDOC's Facebook page has more than 1,200 followers. The social media channels are used to educate the public about water - efficiency, rates and other water - related issues. arcadis.com 4 -3 2015 URBAN WATER MANAGEMENT PLAN MWDOC's public education and outreach programs are described below: School Education Programs MWDOC school education programs reach more than 100,000 students per year. The program is broken into elementary and high school components. • Elementary School Program reaches 60,000 students throughout Orange County through assemblies hosted by the Discovery Science Center. MWDOC holds a $220,000 contract with the Discovery Science Center, funded proportionally by the participating MWDOC retail agencies. • High School Program is new in 2015 -16 and will reach students in 20 high schools in Orange County. The program is administered by MWDOC and operated by two contractors, the OC Department of Education and the Ecology Center. Through the three -year contract, those agencies will train more than 100 county teachers on water education on topics such as, water sources, water conservation, water recycling, watersheds, and ecological solutions for the benefit of their current and future students. Teachers will learn a variety of water conservation methods, such as irrigation technology, rainwater harvesting, water recycling, and water foot - printing through a tour at the Ecology Center facility. These trainings allow teachers to support student -led conservation efforts. The program will reach a minimum of 25,000 students by providing in- classroom water education and helping students plan and implement campus wide "Water Expos' that will allow peer -to -peer instruction on water issues. The $80,000 program is funded by participating agencies. Value of Water Communication Program MWDOC administers this program on behalf of 14 agencies. The $190,000 program involves the water agencies developing 30 full news pages that will appear weekly in the Orange County Register, the largest newspaper in the county, with a Sunday readership of 798,000. The campaign will educate OC residents and business leaders on water infrastructure issues and water efficiency measures, as well as advertise water related events and other pertinent information. Quarterly Water Policy Dinners The Water Policy Dinner events attract 225 to 300 water and civic leaders every quarter. The programs host speakers topical to the OC water industry, with recent addresses from Felicia Marcus of the state water board and Dr. Lucy Jones, a noted expert on earthquakes and their potential impact on infrastructure. Annual Water Summit The annual Water Summit brings together 300 Orange County water and civic leaders with state and national experts on water infrastructure and governance issues. The half -day event has a budget of $80,000 per year. Portions of the cost are covered by attendance and sponsorships, while MWDOC splits a portion with its event partner, OCW D. Water Inspection Trips Water Inspection trips take stakeholders on tours of the CRA, California Delta and other key water infrastructure sites. The public trips are required under Metropolitan's regulations. Metropolitan covers the cost of the trips. In the past years, the City participated in trips, each taking an average of 30 residents. arcadis.com 5 %6 4 -4 Kai Fi111d:E1► \UV \IIIAC4�V /_1►GCtiq�bl=1►Nr:1A_1► Organized Community Events The City participates in many organized community events including the farmer's market, neighborhood association meetings and various cultural and holiday celebrations such as the Cinco de Mayo and Independence Day festivals. The City promotes water quality and conservation efforts via the City's Water Conservation Booth. Staff from the City's water resources division interacts with community members and provides educational and promotional materials that both promote the high quality of the City's drinking water and conservation measures. Senate Bill 1420 signed into law in September 2014 requires urban water suppliers that submit UW MPs to calculate annual system water losses using the water audit methodology developed by the AWWA. SB 1420 requires the water loss audit be submitted to DWR every five years as part of the urban water supplier's UWMP. Water auditing is the basis for effective water loss control. DWR's UWMP Guidebook include a water audit manual intended to help water utilities complete the AWWA Water Audit on an annual basis. A Water Loss Audit was completed for the City which identified areas for improvement and quantified total loss. Based on the data presented, the three priority areas identified were water imported, billed metered, and unauthorized consumption. Multiple criteria are a part of each validity score and a system wide approach will need to be implemented for the City's improvement. Quantified water loss for the FY 2014 -15 was 677 AF which is a significant volume and presents opportunities for improvement. The City completes a system water audit to calculate water losses on an annual basis. The City's leak prevention and repair program includes an annual commitment to replace aging water main infrastructure. Leak detection will be a part of the AMI project. • " r t x The City's Water Service Quality Coordinator, a position created in 1991, acts as the water conservation coordinator. The conservation coordinator is responsible for conservation program activities and acts as a liaison with MWDOC, Metropolitan, California Urban Water Conservation Council, and others. The City's conservation coordinator's duties include the following: • Administer the contracts that the City has with Metropolitan and MW DOC regarding rebate programs. • Conduct surveys at the request of residential and business customers (or designate a staff member to do so). • Coordinate with other agencies and public groups' displays on conservation information and provide free water conservation materials to the public. • Monitor the recycled water program for the City. • Administer the City's education program using contractors or staff to educate children of City schools or other locations. The City's water conservation programs are funded by the water ratepayers. The conservation program efforts are factored into the City's existing and future water rates as currently adopted. arcadis.cam eI6 i 4 -5 2015 URBAN WATER MANAGEMENT PLAN 5.1 Overview In connection with recent water supply challenges, the State Water Resources Control Board found that California has been subject to multi -year droughts in the past, and the Southwest is becoming drier, increasing the probability of prolonged droughts in the future. Due to current and potential future water supply shortages, Governor Brown issued a drought emergency proclamation on January 2014 and signed the 2014 Executive Order that directs urban water suppliers to implement drought response plans to limit outdoor irrigation and wasteful water practices if they are not already in place. Pursuant to California Water Code Section 106, it is the declared policy of the state that domestic water use is the highest use of water and the next highest use is irrigation. This section describes the water supply shortage policies Metropolitan and the City have in place to respond to events including catastrophic interruption and reduction in water supply. 5.2.1 Metropolitan Water Surplus and Drought Management Plan Metropolitan evaluates the level of supplies available and existing levels of water in storage to determine the appropriate management stage annually. Each stage is associated with specific resource management actions to avoid extreme shortages to the extent possible and minimize adverse impacts to retail customers should an extreme shortage occur. The sequencing outlined in the Water Surplus and Drought Management (WSDM) Plan reflects anticipated responses towards Metropolitan's existing and expected resource mix. Surplus stages occur when net annual deliveries can be made to water storage programs. Under the WSDM Plan, there are four surplus management stages that provides a framework for actions to take for surplus supplies. Deliveries in DVL and in SWP terminal reservoirs continue through each surplus stage provided there is available storage capacity. Withdrawals from DVL for regulatory purposes or to meet seasonal demands may occur in any stage. The WSDM Plan distinguishes between shortages, severe shortages, and extreme shortages. The differences between each term is listed below. • Shortage: Metropolitan can meet full - service demands and partially meet or fully meet interruptible demands using stored water or water transfers as necessary. • Severe Shortage: Metropolitan can meet full - service demands only by using stored water, transfers, and possibly calling for extraordinary conservation. • Extreme Shortage: Metropolitan must allocate available supply to full - service customers. There are six shortage management stages to guide resource management activities. These stages are defined by shortfalls in imported supply and water balances in Metropolitan's storage programs. When Metropolitan must make net withdrawals from storage to meet demands, it is considered to be in a shortage condition. Figure 5 -1 gives a summary of actions under each surplus and shortage stages when arcadis.corn 5v�B 5 -1 2015 URBAN WATER MANAGEMENT PLAN an allocation plan is necessary to enforce mandatory cutbacks. The goal of the WSDM Plan is to avoid Stage 6, an extreme shortage. Surpluz5tages A Actions S ShortageStages 4 $ 2 1 1 1 2 3 4 5 fi Puk to SWP & CAA GroundwaterStorage Put to SWP &CAA Surface Storage Put tofonjunctive UsoGroundwater Put to pWA Flexible Storage Put to Metropolitan Surface Storage Public Outreach Takefrom Metropolitan Surface Storage Take from SWP Groundwater Storage Take From Conjunctive Use Storage Take from 5WP &fRASurFace Storage Take from RWft Flexible Storage Extraordinary Conservation Reduce IAWP Deliveries Call Options Contracts BuySpotTransfers Implement Water Supply Allocation Plan. ® Potential Simultaneous Actions Surpluz5tages A Actions S ShortageStages 4 $ 2 1 1 1 2 3 4 5 fi Puk to SWP & CAA GroundwaterStorage Put to SWP &CAA Surface Storage Put tofonjunctive UsoGroundwater Put to pWA Flexible Storage Put to Metropolitan Surface Storage Public Outreach Takefrom Metropolitan Surface Storage Take from SWP Groundwater Storage Take From Conjunctive Use Storage Take from 5WP &fRASurFace Storage Take from RWft Flexible Storage Extraordinary Conservation Reduce IAWP Deliveries Call Options Contracts BuySpotTransfers Implement Water Supply Allocation Plan. Figure 5 -1: Resource Stages, Anticipated Actions, and Supply Declarations Metropolitan's Board of Directors adopted a Water Supply Condition Framework in June 2008 in order to communicate the urgency of the region's water supply situation and the need for further water conservation practices. The framework has four conditions, each calling increasing levels of conservation. Descriptions for each of the four conditions are listed below: • Baseline Water Use Efficiency: Ongoing conservation, outreach, and recycling programs to achieve permanent reductions in water use and build storage reserves. • Condition 1 Water Supply Watch: Local agency voluntary dry -year conservation measures and use of regional storage reserves. • Condition 2 Water Supply Alert: Regional call for cities, counties, member agencies, and retail water agencies to implement extraordinary conservation through drought ordinances and other measures to mitigate use of storage reserves. • Condition 3 Water Supply Allocation: Implement Metropolitan's WSAP As noted in Condition 3, should supplies become limited to the point where imported water demands cannot be met, Metropolitan will allocate water through the WSAP (Metropolitan, 2015 UWMP, June 2016). 2015 URBAN WATER MANAGEMENT PLAN 5.2.2 Metropolitan Water Supply Allocation Plan Metropolitan's imported supplies have been impacted by a number of water supply challenges as noted earlier. In case of extreme water shortage within the Metropolitan service area is the implementation of its WSAP. Metropolitan's Board of Directors adopted the WSAP in February 2008 to fairly distribute a limited amount of water supply and applies it through a detailed methodology to reflect a range of local conditions and needs of the region's retail water consumers. The WSAP includes the specific formula for calculating member agency supply allocations and the key implementation elements needed for administering an allocation. Metropolitan's WSAP is the foundation for the urban water shortage contingency analysis required under Water Code Section 10632 and is part of Metropolitan's 2015 UWMP. Metropolitan's WSAP was developed in consideration of the principles and guidelines in Metropolitan's 1999 WSDM Plan with the core objective of creating an equitable "needs -based allocation ". The WSAP's formula seeks to balance the impacts of a shortage at the retail level while maintaining equity on the wholesale level for shortages of Metropolitan supplies of up to 50 percent. The formula takes into account a number of factors, such as the impact on retail customers, growth in population, changes in supply conditions, investments in local resources, demand hardening aspects of water conservation savings, recycled water, extraordinary storage and transfer actions, and groundwater imported water needs. The formula is calculated in three steps: 1) based period calculations, 2) allocation year calculations, and 3) supply allocation calculations. The first two steps involve standard computations, while the third step contains specific methodology developed for the WSAP. Step 1: Base Period Calculations — The first step in calculating a member agency's water supply allocation is to estimate their water supply and demand using a historical based period with established water supply and delivery data. The base period for each of the different categories of supply and demand is calculated using data from the two most recent non - shortage fiscal years ending 2013 and 2014. Step 2: Allocation Year Calculations — The next step in calculating the member agency's water supply allocation is estimating water needs in the allocation year. This is done by adjusting the base period estimates of retail demand for population growth and changes in local supplies. Step 3: Supply Allocation Calculations — The final step is calculating the water supply allocation for each member agency based on the allocation year water needs identified in Step 2. In order to implement the WSAP, Metropolitan's Board of Directors makes a determination on the level of the regional shortage, based on specific criteria, typically in April. The criteria used by Metropolitan includes, current levels of storage, estimated water supplies conditions, and projected imported water demands. The allocations, if deemed necessary, go into effect in July of the same year and remain in effect for a 12 -month period. The schedule is made at the discretion of the Board of Directors. Although Metropolitan's 2015 UWMP forecasts that Metropolitan will be able to meet projected imported demands throughout the projected period from 2020 to 2040, uncertainty in supply conditions can result arcadis.com 5 -3 W 2015 URBAN WATER MANAGEMENT PLAN in Metropolitan needing to implement its WSAP to preserve dry -year storage and curtail demands (Metropolitan, 2015 UWMP, June 2016). 5.2.3 City of Santa Ana The City's Water Conservation Ordinance No. NS -2877 was passed by the City on May 19, 2015. The purpose of the Water Conservation Ordinance is to encourage reduced water consumption within the City through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City. It provides procedures, rules, and regulations for mandatory water conservation that gain results while minimizing the effect of a water shortage on the City's water customers. The City is fully dependent on Metropolitan and OCWD for its water supply. Confirmation of an extended water shortage emergency would generally be received from one or both of these agencies. An actual shortage does not have to exist; merely the threat of a shortage is sufficient cause to impose sanctions. When a water shortage appears imminent, the City Manager notifies the City Council and recommends holding a public hearing for the purpose of determining whether a water shortage emergency exists. If the City Council determines that a water shortage exists, it then makes the decision as to the appropriate phase of the Ordinance to implement. There are three Water Shortage Stages that the City can implement. A summary of the stages of water shortage is displayed in Table 5 -1 (Santa Ana, City Ordinance No. NS -2877, May 2015), The City does not have a set percent supply reduction for each stage but will determine the percent reduction as it enters into each stage. Table 5 -1: Stages of Water Shortage Contingency Plan Q g 4 Stage; Percent Supply Water- 3upply.Condition Reduction A Phase 1 Water Shortage applies during times of regional 1 Up to 10% drought when, in the spirit of cooperation, the City desires to assist in overall water conservation and water consumption reduction A Phase 2 Water Shortage applies during times of regional 2 Up to 20% drought when, in the spirit of cooperation, the City desires to assist in overall water conservation and water consumption reduction A Phase 3 Water Shortage Emergency applies during times 3 U to 50% Up of regional drought when, in the spirit of cooperation, the City desires to assist in overall water conservation and water consumption reduction NOTES: arcadis.can Mitt 54 2015 URBAN WATER MANAGEMENT PLAN 5.3 Three -Year Minimum Water Supply As a matter of practice, Metropolitan does not provide annual estimates of the minimum supplies available to its member agencies. As such, Metropolitan member agencies must develop their own estimates for the purposes of meeting the requirements of the Act. Section 135 of the Metropolitan Water District Act declares that a member agency has the right to invoke its "preferential right" to water, which grants each member agency a preferential right to purchase a percentage of Metropolitan's available supplies based on specified, cumulative financial contributions to Metropolitan. Each year, Metropolitan calculates and distributes each member agency's percentage of preferential rights. However, since Metropolitan's creation in 1927, no member agency has ever invoked these rights as a means of acquiring limited supplies from Metropolitan. As captured in its 2015 UWMP, Metropolitan believes that the water supply and demand management actions it is undertaking will increase its reliability throughout the 25 -year period addressed in its plan. Thus for purposes of this estimate, it is assumed that Metropolitan will be able to maintain the identified supply amounts throughout the three -year period. Metropolitan projects reliability for full service demands through the year 2040. Additionally, through a variety of groundwater reliability programs conducted by OCWD and participated in by the City, local supplies are projected to be maintained at demand levels. Based on Metropolitan's WSAP, the City is expected to fully meet demands for the next three years assuming Metropolitan is not in shortage, a BPP of 70 percent for Local Supplies, and zero allocations are imposed for Imported Supplies. The Three Year Estimated Minimum Water Supply is listed in Table 5 -2. Table 5 -2: Minimum Supply Next Three Years (AF) 201 6., .t T017i 2p18 Auailal)IelNater 38,642 38,642 38,642 Supply , NOTES: 5.4 Catastrophic Supply Interruption Given the great distances that imported supplies travel to reach Orange County, the region is vulnerable to interruptions along hundreds of miles aqueducts, pipelines and other facilities associated with delivering the supplies to the region. Additionally, the infrastructure in place to deliver supplies are susceptible to damage from earthquakes and other disasters. 5.4.1 Metropolitan Metropolitan has comprehensive plans for stages of actions it would undertake to address a catastrophic interruption in water supplies through its WSDM Plan and WSAP. Metropolitan also developed an Emergency Storage Requirement to mitigate against potential interruption in water supplies resulting from catastrophic occurrences within the southern California region, including seismic events along the San Andreas Fault. In addition, Metropolitan is working with the state to implement a comprehensive arcadi3.com EXW 866 5 -5 f�ZiSFYoI:I:J_1► \4r/ �j:4:1\I9►1_[H�JiI���, W_1► improvement plan to address catastrophic occurrences outside of the southern California region, such as a maximum probable seismic event in the Delta that would cause levee failure and disruption of SWP deliveries. For greater detail on Metropolitan's planned responses to catastrophic interruption, please refer to Metropolitan's 2015 UWMP. 5.4.2 Water Emergency Response of Orange County In 1983, the Orange County water community identified a need to develop a plan on how agencies would respond effectively to disasters impacting the regional water distribution system. The collective efforts of these agencies resulted in the formation of the Water Emergency Response Organization of Orange County ( WEROC) to coordinate emergency response on behalf of all Orange County water and wastewater agencies, develop an emergency plan to respond to disasters, and conduct disaster training exercises for the Orange County water community. WEROC was established with the creation of an indemnification agreement between its member agencies to protect each other against civil liabilities and to facilitate the exchange of resources. WEROC is unique in its ability to provide a single point of contact for representation of all water and wastewater utilities in Orange County during a disaster. This representation is to the county, state, and federal disaster coordination agencies. Within the Orange County Operational Area, WEROC is the recognized contact for emergency response for the water community, including the City. 5.4.3 City of Santa Ana The Water Utility's Emergency Response Plan (ERP) identifies the immediate actions that the City will take to respond, in coordination with the City's Emergency Response Plan, to a declared water shortage. The City will work in close cooperation with Metropolitan and the Metropolitan Area Radio System (MARS) Network, an organization of water utilities within the service area of Metropolitan to immediately contact its customer agencies during an emergency about potential interruption of services. MARS is an emergency communications system to facilitate the flow of information, control, and exchange of materials and mutual aid within Metropolitan's service area. Metropolitan and its member agencies formed MARS to improve emergency response, provide alternate means of communication in emergencies, and expedite mutual aid. In the case that the Metropolitan Emergency Operations Center (MEOC) is activated, the MEOC will direct all coordination with member agencies. The Water Utility's ERP describes the organizational and operational policies and procedures required to meet the needs of sufficient water for firefighting operations and safe drinking water and provide a system for organizing and prioritizing water repairs. It also cites authorities and specifies the public and private organizations responsible for providing water service. The Water Utility will operate under normal operating procedures until a situation is beyond its control. This includes implementation of any allocation plan passed on by Metropolitan, and water shortage contingency plans of OCWD. If the situation is the Water Utility's control, the Water Operations Center (WOC) may be activated to better manage the situation. If the situation warrants, the City Emergency Operations Center (EOC) may be activated at which time a water representative will be sent to the EOC to coordinate water emergency response with all other City department's emergency response. arcadismni 6 %���LLL � 5-6 2015 URBAN WATER MANAGEMENT PLAN �w • -i Y o 5.5.1 Prohibitions The City's Water Conservation Ordinance No. NS -2877 lists water conservation requirements that will take effect upon implementation by the City Council. These prohibitions will promote the efficient use of water, reduce or eliminate water waste, and enable implementation of the City's Water Shortage Contingency Measures. Water conservation measures become more restrictive per each progressive stage in order to address the increasing differential between water supply and demand. A list of restrictions and prohibitions that are applicable to each stage is shown in Table 5 -3 (Santa Ana, City Ordinance No. NS -2877, May 2015). Table 5.3: Restrictions and Prohibitions on End Uses Retail Only: RestriCtlohS and Prohibitions on End Uses RerlalYy, strictiohs'and . t haYge,9Y - -: ` Stage Prohibitions on ' " Additid IalExplanatiDn ar Reference Other End Use rs ; Enforc ant ?, '. This restriction does not apply to situations where it is necessary to dispose of Other- Prohibit dangerous liquids or alleviate safety or Permanent use of potable sanitary hazards. Only then may this be No Year -Round waterforwashing performed by use of a hand -held bucket or a hard surfaces hand -held hose equipped with a positive self - closing water shut -off device. Watering of lawn, landscape or other turf areas except between the hours of 6:00 p.m. Landscape - Limit and 9:00 a.m. is prohibited, except by use of Permanent landscape a hand -water shut -off nozzle or device, or No Year -Round irrigation to for very short periods of time for the express specific times purpose of adjusting or repairing an irrigation system. The use of water to clean, fill or maintain Other water levels in decorative fountains, ponds, lakes Permanent feature or or othersimilar aesthetic structures unless No Year -Round swimming pool such water is part of a recirculating system is restriction prohibited. CII - Restaurants Permanent may only serve - No Year -Round water upon request arcadis.com 868 5-7 2015 URBAN WATER MANAGEMENT PLAN Only. Restrictions and Penalty, Stage ! Pr`ohibiti'ons on Ad, ditional, Explanki' n or Reference Charge; or End Users Other Enforcement? - Other- Prohibit vehicle washing Permanent except at facilities Year -Round using recycled or No recirculating water CII - Lodging Permanent establishment Year -Round must offer opt out No of linen service CII - Commercial Permanent kitchens required Year -Round to use pre -rinse No spray valves Other- Customers All leaks, breaks, or other malfunctions in must repair leaks, the water user's plumbing or distribution Permanent breaks, and system must be repaired within seventy -two No Year -Round malfunctions in a (72) hours of notification by the City, unless timely manner other arrangements are made with the City. Installation of single pass cooling systems is Permanent Other prohibited in buildings requesting new No Year -Round water service. All commercial conveyor car wash systems Permanent Other must have installed operational recirculating No Year -Round water systems, or must have secured a waiver of this requirement from the City. Landscape- Permanent Restrict or prohibit runoff No Year -Round from landscape irrigation Installation of non -re- circulating water Permanent Other systems is prohibited in new commercial No Year -Round conveyor car wash and new commercial laundry systems. arcadis.com 6� It J 5 -8 2015 URBAN WATER MANAGEMENT PLAN arcadis.com 5 _ 59 Only: Retail Restnctitrns d r nd Charge Stag` Prohibition °son g' Additlgnal ERMdnat�nar �teferen e or ,'" OtiFGer ' °' Epd Users; .. - ,. .,' �: EnforCrnent:�. Landscape - Other The use of water to irrigate outdoor Permanent landscape landscapes during or within 48 hours after No Year -Round restriction or measurable rainfall is prohibited. prohibition Landscape- Other The irrigation of ornamental turf on public Permanent landscape street medians with potable water is No Year -Round restriction or prohibited. prohibition Irrigation of newly constructed homes and buildings must be performed in a manner Landscape- Other consistent with regulations or other Permanent landscape requirements established by the California No Year -Round restriction or Building Standards Commission and the prohibition Department of Housing and Community Development. Watering of lawn, landscape or other turf Landscape - Limit areas is prohibited except between the landscape hours of 6:00 p.m. and 6:00 a.m. on the days Yes 1 irrigation to of Monday, Thursday and Saturday. This specific days does not apply to commercial nurseries and golf courses. The watering of lawn, landscape or other Landscape - Other turf areas of commercial nurseries or golf landscape courses shall be allowed between the hours 1 restriction or of 6: 00 p. m. and 6: 00 a. m. There shall be Yes prohibition no restriction on watering utilizing reclaimed water. Other - Customers All leaks, breaks, or other malfunctions in must repair leaks, the water user's plumbing or distribution 1 breaks, and system must be repaired within seventy -two Yes malfunctions in a (72) hours of notification by the City, unless timely manner other arrangements are made with the City. Watering of lawn, landscape or other turf Landscape - Limit areas is prohibited except between the landscape hours of 6:00 p.m. and 6:00 a.m. on the days Yes 2 irrigation to of Monday and Thursday. This provision specific days does not apply to commercial nurseries and golf courses. arcadis.com 5 _ 59 2015 URBAN WATER MANAGEMENT PLAN arcadis,com dg� 7 5 -10 Retail Only: Restrictions and Prohibitions on End Uses Restrictions and Penalty, o Stage Prohibitions' n Additional Explanation or Reference Charge; or End Users Other Enforcement? The watering of lawn, landscape or other Landscape - Other turf areas of commercial nurseries or golf landscape courses shall be allowed every other day and 2 restriction or between the hours of 6: 00 p.m. and 6:00 Yes prohibition a.m. There shall be no restriction on watering utilizing reclaimed water. It is prohibited to use water from fire hydrants except for firefighting and related 2 Other activities. Other uses of water for municipal Yes purposes shall be limited to activities necessary to maintain the public health, safety and welfare. Other - Customers All leaks, breaks, or other malfunctions in must repair leaks, the water user's plumbing or distribution 2 breaks, and system must be repaired with forty -eight Yes malfunctions in a (48) hours of notification by the City, unless timely manner other arrangements are made with the City. Other water Refilling of more than one foot and initial feature or filling of residential swimming pools or 2 swimming pool outdoor spas with potable water is Yes restriction prohibited. This does not apply towards the following circumstances: 1) maintenance of vegetation that are watered using a hand- held bucket or similar container or a hand- held hose equipped with a positive self - Landscape - closing water shut -off nozzle or device, 2) Prohibit all maintenance of existing landscape necessary 3 landscape for fire protection, 3) maintenance of Yes irrigation existing landscape for soil erosion, and 4) maintenance of landscape within active public parks, playing fields, day care centers, golf course greens, and school grounds provided irrigation does not exceed two (2) days per week. Other - Customers All leaks, breaks, or other malfunctions in 3 must repair leaks, the water user's plumbing or distribution Yes breaks, and system must be repaired with twenty -four arcadis,com dg� 7 5 -10 2015 URBAN WATER MANAGEMENT PLAN malfunctions in a (24) hours of notification by the City, unless timelv manner other arrangements are made with the City. No new potable water service, new temporary meters, and statement of immediate ability to serve or provide water service will be issued except under the following circumstances: 1) a valid, unexpired building permit has been issued for the project, 2) the project is necessary to 3 Other Yes protect the public health, safety, and welfare, or 3) the applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the Citv. NOTES: 5.5.2 Penalties Any customer who violates any of the Water Shortage provisions will be subject to written warnings, fine, and possible disconnection of service. The first violation will result in a written notice in the utility bill of the customer in violation. The second and subsequent violations will result in a written notice and a surcharge in an amount set by the City Council on the water use in excess of the water allocation requirements. Customers who have three violations within a 12 -month period shall be deemed gross violators and will be subject to the installation of a flow restrictor device by the City. The charge for installing and removing a flow- restricting device and any other penalties and charges due to the City shall be paid before normal service can be restored (Santa Ana, City Ordinance No. NS -2877, May 2015). 5.5.3 Consumption Reduction Methods Table 5 -4 lists the consumption reduction methods that will be used to reduce water use in restrictive stages. arcadis.com 51 -2 5 -11 2015 URBAN WATER MANAGEMENT PLAN Table 5-4: Stages of Water Shortage Contingency Plan - Consumption Reduction Methods Retail Only, Stages of Water Shortage . ntingency Plan - Consumptio Reduction YB Consumption Reduction Stage Additional Explanation or Reference 16,294,794 Methods by WaterSupplier 12,221,096 1 Other Phase 1 Conservation Measures 2 Other Phase 2 Conservation Measures 3 Other Phase 3 Conservation Measures NOTES: 2,851,589 Water Loss (HCF) 21300 WIMMVINIFOATTIM, The actions described above to address a range of water shortage conditions have the potential to impact the City's revenues and expenditures. To assess these impacts, the City calculated the revenue impacts resulting from a 10, 25, and 50 percent reduction in sales as compared to a base year that was based on an estimate of normal year baseline. Other factors incorporated into the analysis included water losses, pricing structure, and avoided costs. The results of this analysis are shown below in Table 5 -5. Table 5 -5: Revenue Impact Analysis arcadis.com 7� 5 -12 r r, Water Production 16,294,794 14,665,315 12,221,096 8,147,397 Groundwater(OCWD) 10,591,616 9,532,454 7,943,712 5,295,808 Imported water(MWD) 5,703,178 5,132,860 4,277,383 2,851,589 Water Loss (HCF) 545,599 480,544 382,963 220,326 Water Sales(HCF) 15,749,195 14,184,770 11,838,133 7,927,071 Residential 10,511,375 9,460,238 7,883,531 5,255,688 Commercial 4,278,478 3,850,630 3,208,859 2,139,239 City, Other .854,395 768,956 640,796 427,198 Recycle Irrigation 101 104,947 104,947 104,947 Tier l( %) 64% 64% 64% 64% Tier 2( %) 35% 35% 35% 35% Recycle Irrigation ( %) 1% 1% 1% 1% Tier 1(HCr) 10,079,485 9,078,253 7,576,405 5,073,325 Tier 2(HCF) 5,564,753 5,001,570 4,156,781 2,748,799 Recycled Water(HCF) 104,947 104,947 104,947 104,947 Total 15,749,195 14,184,770 11,838,133 7,927,071 Revenue Residential arcadis.com 7� 5 -12 2015 URBAN WATER MANAGEMENT PLAN The following measures can be implemented by the City to overcome each reduction in water sales scenario outlined above depending on anticipated short -term and long -term financial impacts. • The City can draw needed funds from its emergency operation and maintenance fund, which are kept in reserve to provide adequate revenue to allow the water system to function for up to 120 days of normal operations. • The City can defer non - mission critical capital improvement projects and reallocate the funds to cover the cost of operations and critical maintenance. • The City Manager can recommend the City Council to declare a water shortage and implement the City's Water Shortage Contingency Plan. Depending on the severity of the shortage and impact on revenue, the City Council may increase water rates, other than Tier 1 Lifeline rates, by an amount necessary as determined by the City Council. The subsequent rate increases enacted will remain in effect until such time the City Council declares a water shortage no longer exists. arcaft.com B 1 5 -13 r Tier 1 Rate ($) 2.73 2.73 2.73 273 Tier 2 Rate ($) 3.15 3.15 3.15 3.15 Recycled Water ($) 2.18 2.18 2.18 2.18 Tier 1 Revenue 27,516,994 24,783,630 20,683,586 13,850,178 Tier 2 Revenue 17,529,004 15,754,946 13,093,860 8,658,715 Recycled Water ($) 228,784 228,784 228,784 228,784 Total $45,274,782 $40,767,361 $34,006,230 $22,737,678 Fixed Month y/131 monthly Charge Revenue $3,862,450 $3,862,450 $3,862,450 $3,862,450 Total Rate Revenue $49,137,232 $44,629,811 $37,858,680 $26,600,128 Revenue Lost ($4,507,421) ($11,268,552) ($22,537,104) Variable Costs Water Production(HCF) 16,764,261 14,593,445 12,179,200 8,155,457 Unit Costs ($ /HCF) Purchased Water $1.03 $1.03 $1.03 $1.03 Avoided Costs $2,170,815 $4,585,061 $8,608,804 Net Revenue Change (2,336,605) (6,683,491) (13,928,300) Rate Revenue Increase Required 4.99% 15.74% 39.56% The following measures can be implemented by the City to overcome each reduction in water sales scenario outlined above depending on anticipated short -term and long -term financial impacts. • The City can draw needed funds from its emergency operation and maintenance fund, which are kept in reserve to provide adequate revenue to allow the water system to function for up to 120 days of normal operations. • The City can defer non - mission critical capital improvement projects and reallocate the funds to cover the cost of operations and critical maintenance. • The City Manager can recommend the City Council to declare a water shortage and implement the City's Water Shortage Contingency Plan. Depending on the severity of the shortage and impact on revenue, the City Council may increase water rates, other than Tier 1 Lifeline rates, by an amount necessary as determined by the City Council. The subsequent rate increases enacted will remain in effect until such time the City Council declares a water shortage no longer exists. arcaft.com B 1 5 -13 2015 URBAN WATER MANAGEMENT PLAN R�Ifflff MWITIN Under normal conditions, potable water production figures are recorded daily. Weekly and monthly reports are prepared and monitored. This data will be used to measure the effectiveness of any water shortage contingency stage that may be implemented. arcadis.wm W 7 5 -14 2015 URBAN WATER MANAGEMENT PLAN Recycled water opportunities have continued to grow in southern California as public acceptance and the need to expand local water resources continues to be a priority. Recycled water also provides a degree of flexibility and added reliability during drought conditions when imported water supplies are restricted. Recycled water is wastewater that is treated through primary, secondary and tertiary processes and is acceptable for most non - potable water purposes such as irrigation, and commercial and industrial process water per Title 22 requirements. 6.1 Agency Coordination The City does not own or operate wastewater treatment facilities and sends all collected wastewater to OCSD for treatment and disposal. OCWD is the manager of the OC Basin and strives to maintain and increase the reliability of the OC Basin through replenishment with imported water, stormwater, and advanced treated wastewater. OCWD and OCSD have jointly constructed and expanded two water recycling projects to meet this goal that include: 1) OCWD GAP and 2) OCWD GWRS. 6.1.1 OCWD Green Acres Project OCWD owns and operates the GAP, a water recycling system that provides up to 8,400 AFY of recycled water for irrigation and industrial uses. GAP provides an alternate source of water that is mainly delivered to parks, golf courses, greenbelts, cemeteries, and nurseries in the Cities of Costa Mesa, Fountain Valley, Newport Beach, and Santa Ana. Approximately 100 sites use GAP water, current recycled water users include Mile Square Park and Golf Courses in Fountain Valley, Costa Mesa Country Club, Chroma Systems carpet dyeing, Kaiser Permanente, and Caltrans. The City maintains an agreement with OCWD to supply GAP water to customers where available. 6.1.2 OCWD Groundwater Replenishment System OCWD's GWRS receives secondary treated wastewater from OCSD and purifies it to levels that meet and exceed all state and federal drinking water standards. The GWRS Phase I plant has been operational since January 2008, and uses a three -step advanced treatment process consisting of microfiltration (MF), reverse osmosis (RO), and ultraviolet (UV) light with hydrogen peroxide. A portion of the treated water is injected into the seawater barrier to prevent seawater intrusion into the groundwater basin. The other portion of the water is pumped to ponds where the water percolates into deep aquifers and becomes part of Orange County's water supply. The treatment process described on OCWD's website is provided below (OCWD, GWRS, 2015). GWRS Treatment Process The first step of the treatment process after receiving the secondary treated wastewater is a separation process called MF that uses hollow polypropylene fibers with 0.2 micron diameter holes in the sides. Suspended solids, protozoa, bacteria and some viruses are filtered out when drawing water through the holes to the center of the fibers. arcadis.com 1316 6 -1 2015 URBAN WATER MANAGEMENT PLAN The second step of the process consists of RO, semi - permeable polyamide polymer (plastic) membranes that water is forced through under high pressure. RO removes dissolved chemicals, viruses and pharmaceuticals in the water resulting in near - distilled- quality water that requires minerals be added back in to stabilize the water. This process was used by OCWD from 1975 to 2004 at their Water Factory 21 (W F -21) to purify treated wastewater from OCSD for injection into the seawater intrusion barrier. The third step of the process involves water being exposed to high- intensity UV light with hydrogen peroxide (H2O2) for disinfection and removal of any trace organic compounds that may have passed through the RO membranes. The trace organic compounds may include NDMA and 1 -4 Dioxane, which have been removed to the parts -per trillion level. UV disinfection with 1­12O2 is an effective disinfection /advanced oxidation process that keeps these compounds from reaching drinking water supplies. OCWD's GWRS has a current production capacity of 112,100 AFY with the expansion that was completed in 2015. Approximately 39,200 AFY of the highly purified water is pumped into the injection wells and 72,900 AFY is pumped to the percolation ponds in the city of Anaheim where the water is naturally filtered through sand and gravel to deep aquifers of the groundwater basin. The OC Basin provides approximately 72 percent of the potable water supply for north and central Orange County. The design and construction of the first phase (78,500 AFY) of the GWRS project was jointly funded by OCWD and OCSD; Phase 2 expansion (33,600 AFY) was funded solely by OCWD. Expansion beyond this is currently in discussion and could provide an additional 33,600 AFY of water, increasing total GWRS production to 145,700 AFY. The GWRS is the world's largest water purification system for indirect potable reuse (IPR). 6,2 Wastewater Description and Disposal The City operates and maintains the local sewer system consisting of over 390 miles of pipeline, 7,630 manholes, and two lift stations that connect to OCSD's trunk system to convey wastewater to OCSD's treatment plants. OCSD has an extensive system of gravity flow sewers, pump stations, and pressurized sewers. Collected wastewater is sent to OCSD's plants located in the Cities of Huntington Beach and Fountain Valley. OCSD's Plant No. 1 in Fountain Valley has a capacity of 320 million gallons per day (MGD) and Plant No. 2 in Huntington Beach has a capacity of 312 MGD. Both plants share a common ocean outfall, but Plant No. 1 currently provides all of its secondary treated wastewater to OCWD's GWRS for beneficial reuse. The 120 -inch diameter ocean outfall extends 4 miles off the coast of Huntington Beach. A 78 -inch diameter emergency outfall also extends 1.3 miles off the coast. Table 6 -1 summarizes the wastewater collected by the City and transported to OCSD's system in 2015. No wastewater is treated or disposed in the City's service area as OCSD treats and disposes all of the City's wastewater. arcatli :.cam d6EP 6-2 } \ } } \ ) \ 55B-78 § ¢ u ) 7 \66 - \ \� � it \ ( cc� , •/ / ® _ : . 2 \ ) . 2 ƒ / 0 :/ / ƒ� 0 0 ) \ u § : :2 55B-78 § ¢ u ) 2015 URBAN WATER MANAGEMENT PLAN The City provides OCWD GAP recycled water to the southern part of the City. In FY 2014 -15, approximately 352 AF of GAP water was used in the City's service area. The current users /uses of recycled water are as follows: • Centennial Soccer Fields • Bomo Koral Park • Flower Street Bike Trail • McFadden Intermediate School • Adams Park • Chrome Systems- Carpet Dyeing • Chroma Systems- Landscape • Kaiser Medical Office Landscape • Chick -fil -A Landscape • Santa Ana River Trail Landscape • Godinez High School Landscape • MacArthur Boulevard Median Landscape • Bear Street Median Landscape • Thornton Park • Harbor Boulevard Median Landscape • Santa Ana Valley High School Sports Complex Landscape Current and projected recycled water use through 2040 are shown in Table 6 -2 and are expected to remain constant. The projected 2015 recycled water use from the City's 2010 UWMP are compared to the 2015 actual use in Table 6 -3, where the actual use is higher than the projected. arnadiacom WIt J 6 -4 Z a H Z W 2 W Q W Q Z m K 0 N 55B -80 MF W X W m b y -TFFMo 0 0 0 M N M Nr ON ON N m m YV O O O m m • ��. N N n �n m m {y V, J i F O 0 F '> .r a O,w m UI ' vYLi c 'P v m AD N N:: Y �p 'a a - b m N E v� C m m .0 ou m y C, e IT 0 n v � J m,'9 m L 'N a L bm-q .O, ,tio m 'm Ea,-o�y v m Q% 'N �N 3 m C C, O � v m m lw . i ^ E L o 3 0 ' ' "O v C .` w E .� O m m Q O (D O 'U S N C4.: an 0 0 O Z 55B -80 MF W X W m b y KIM M11 MAN! RM/•Gl111:1:aJArG1►rGCClA�aM►Is:11A .11 Table 6 -3: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual (AF) Potential recycled water users are locations where recycled water could replace potable water use. Since OCWD is limited in GAP plant capacity, additional users do not exist at the time and the City does not expect additional GAP use in the future. 6.4.1 Direct Non - Potable Reuse The City currently uses recycled water from OCW D's GAP for direct non - potable reuse such as landscape irrigation. 6.4.2 Indirect Potable Reuse The City benefits from OCWD's GWRS system that provides indirect potable reuse through replenishment of OC Basin with water that meets state and federal drinking water standards. arcadis.cnm ag% 1 6 -6 e e Compared 2010 UseType Projection for 2015actualuse, 2015 Agricultural irrigation (' landsca ,6 rngati) n (excludes -gol courses);, 300 352 Galf mui-se � +rngatforq ," Comrn end ause lradustrial use Oepthertnalt -an d otherenergy production '' Seawater'intrusion bar'rfer [tecre p'na, impoundment Wetfarlids or wildlife Fsab(tat �raundwat�i' eet`fierge; (IPR) Surface wakexaG�%nentatCdn jTpR)" 1 ?tr,4 tpotak le reuses Other Type of Use Total 300 352 NOTES: Potential recycled water users are locations where recycled water could replace potable water use. Since OCWD is limited in GAP plant capacity, additional users do not exist at the time and the City does not expect additional GAP use in the future. 6.4.1 Direct Non - Potable Reuse The City currently uses recycled water from OCW D's GAP for direct non - potable reuse such as landscape irrigation. 6.4.2 Indirect Potable Reuse The City benefits from OCWD's GWRS system that provides indirect potable reuse through replenishment of OC Basin with water that meets state and federal drinking water standards. arcadis.cnm ag% 1 6 -6 2015 URBAN WATER MANAGEMENT PLAN Studies of water recycling opportunities within southern California provide a context for promoting the development of water recycling plans. It is recognized that broad public acceptance of recycled water requires continued education and public involvement. Currently, most of the recycled water available is being directed toward replenishment of the groundwater basin and improvements in groundwater quality. As a groundwater user, the City supports the efforts of OCWD and OCSD to use recycled water as a primary resource for groundwater recharge in Orange County. Public Education The City participates in the MWDOC public education and school education programs that include extensive sections on water recycling. MWDOC's water use efficiency public information programs are a partnership with agencies throughout the county. Through a variety of public information programs, MWDOC reaches the public, including those in the City, with information regarding present and future water supplies, the demands for a suitable quantity and quality of water, including recycled water, and the importance of implementing water efficient techniques and behaviors. Water education programs through MWDOC have reached thousands of students in the City with grade- specific programs that include information on recycled water. Financial Incentives The implementation of recycled water projects involves a substantial upfront capital investment for planning studies, Environmental Impact Reports (EIR), engineering design and construction before there is any recycled water to market. For some water agencies, these capital costs exceed the short -term expense of purchasing additional imported water supplies from Metropolitan. The establishment of new supplemental funding sources through federal, state and regional programs now provides significant financial incentives for water agencies to develop and make use of recycled water locally. Potential sources of funding include federal, state and local funding opportunities. These funding sources include the U.S. Department of Interior Bureau of Reclamation (USER), California Proposition 13 Water Bond, Proposition 84 and Metropolitan LRP. These funding opportunities may be sought by the City or possibly more appropriately by regional agencies. The City will continue to support seeking funding for regional water recycling projects and programs. Optimization Recycled Water Use In Orange County, recycled water is used for irrigating golf courses, parks, schools, businesses, and communal landscaping, as well as for groundwater recharge. Recycled water users in the City receive their water from OCW D's GAP. Analyses have indicated that present worth costs to expand recycled water within other areas of the City are not cost effective as compared to purchasing imported water from Metropolitan, or using groundwater. The City will continue to conduct feasibility studies for recycled water and seek out creative solutions such as funding, regulatory requirements, institutional arrangement and public acceptance for recycled water use with OCWD, Metropolitan, and other cooperative agencies. arcadis.com _EXU B8 6 -7 2015 URBAN WATER MANAGEMENT PLAN Resource optimization such as desalination and IPR minimize the City's and region's reliance on imported water. Optimization efforts are typically led by regional agencies in collaboration with local /retail agencies. Interconnections with other agencies result in the ability to share water supplies during short term emergency situations or planned shutdowns of major imported systems. The City maintains seven connections to Metropolitan's system and nine emergency connections with surrounding agencies. These connections can provide a total supply of 60,580 gpm into the City's distribution system, The Metropolitan connections are typically operating as constant flow sources. The City relies on its wholesalers, Metropolitan and OCW D, to be the responsible parties for negotiating water transfers and exchanges. Currently, there are no transfer or exchange opportunities. x The City continually reviews practices that will provide its customers with adequate and reliable supplies. Trained staff ensures the water is safe and the supply will meet present and future needs in an environmentally and economically responsible manner. The City coordinates its long -term and water shortage planning with Metropolitan and OCWD. Water use efficiency measures described in Section 4 and use of recycled water described in Section 6 have the potential to reduce overall demand. Any new water sources developed will primarily be to better manage the groundwater basin and replace or upgrade inefficient wells, rather than support population growth and new development. The City's Fiscal Year 2015/2016 Capital Improvement Program identifies planned design and construction projects as described below. Advanced Meter Infrastructure — replace existing aging meters with new, more accurate meters and incorporate technological advances in metering technology that allows City personnel and customers to access real time water consumption data preventing future O &M involved with manual meter readings. In 2001, Metropolitan developed a Seawater Desalination Program (SDP) to provide incentives for developing new seawater desalination projects in Metropolitan's service area. In 2014, Metropolitan modified the provisions of their Local Resources Program (LRP) to include incentives for locally produced seawater desalination projects that reduce the need for imported supplies. To qualify for the incentive, proposed projects must replace an existing demand or prevent new demand on Metropolitan's imported water supplies. In return, Metropolitan offers two incentive formulas under the program: arcadis.com kw%� 7 -1 2015 URBAN WATER MANAGEMENT PLAN • Up to $340 per AF for 25 years, depending on the unit cost of seawater produced compared to the cost of Metropolitan supplies • Up to $475 per AF for 15 years, depending on the unit cost of seawater produced compared to the cost of Metropolitan supplies Developing local supplies within Metropolitan's service area is part of their IRP goal of improving water supply reliability in the region. Creating new local supplies reduce pressure on imported supplies from the SWP and Colorado River. On May 6th, 2015, the SWRCB approved an amendment to the state's Water Quality Control Plan for the Ocean Waters of California (California Ocean Plan) to address effects associated with the construction and operation of seawater desalination facilities (Desalination Amendment). The amendment supports the use of ocean water as a reliable supplement to traditional water supplies while protecting marine life and water quality. The California Ocean Plan now formally acknowledges seawater desalination as a beneficial use of the Pacific Ocean and the Desalination Amendment provides a uniform, consistent process for permitting seawater desalination facilities statewide. If the following projects are developed, Metropolitan's imported water deliveries to Orange County could be reduced. These projects include the Huntington Beach Seawater Desalination Project, the Doheny Desalination Project, and the Camp Pendleton Seawater Desalination Project. The City has not investigated seawater desalination as a result of economic and physical impediments. Brackish groundwater is groundwater with a salinity higher than freshwater, but lower than seawater. Brackish groundwater typically requires treatment using desalters. 7.4.1 Groundwater There are currently no brackish groundwater opportunities within the City's service area. 7.4.2 Ocean Water Huntington Beach Seawater Desalination Project — Poseidon Resources LLC (Poseidon), a private company, is developing the Huntington Beach Seawater Desalination Project to be co- located at the AES Power Plant in the City of Huntington Beach along Pacific Coast Highway and Newland Street. The proposed project would produce up to 50 MGD (56,000 AFY) of drinking water to provide approximately 10 percent of Orange County's water supply needs. Over the past several years, Poseidon has been working with OCWD on the general terms and conditions for selling the water to OCWD. OCWD and MWDOC have proposed a few distribution options to agencies in Orange County. The northern option proposes the water be distributed to the northern agencies closer to the plant within OCWD's service area with the possibility of recharging /injecting a portion of the product water into the OC Basin. The southern option builds on the northern option by delivering a portion of the product water through the existing OC -44 pipeline for conveyance to the south Orange County water agencies. A third option is also being explored that includes all of the product water to be recharged into the OC Basin. Currently, a combination of these options could be pursued. arcaclis.com B84 7-2 2015 URBAN WATER MANAGEMENT PLAN OCWD's current Long -Term Facilities Plan (LTFP) identifies the Huntington Beach Seawater Desalination project as a priority project and determined the plant capacity of 56,000 AFY as the single largest source of new, local drinking water available to the region. In addition to offsetting imported demand, water from this project could provide OCWD with management flexibility in the OC Basin by augmenting supplies into the Talbert Seawater Barrier to prevent seawater intrusion. In May 2015, OCWD and Poseidon entered into a Term Sheet that provided the overall partner structure in order to advance the project. Based on the initial Term Sheet, Poseidon would be responsible for permitting, financing, design, construction, and operations of the treatment plant while OCWD would purchase the production volume, assuming the product water quality and quantity meet specific contract parameters and criteria. Furthermore, OCWD would then distribute the water in Orange County using one of the proposed distribution options described above. Currently, the project is in the late- stages of the regulatory permit approval process and Poseidon hopes to obtain the last discretionary permit necessary to construct the plant from the California Coastal Commission (CCC) in 2016. If the CCC permit is obtained, the plant could be operational as early as 2019. Doheny Desalination Project — In 2013, after five years and $6.2 million to investigate use of a slant well intake for the Doheny Desalination Project, it was concluded the project was feasible and could produce 15 MGD (16,800 AFY) of new potable water supplies to five participating agencies. These agencies consist of: South Coast Water District (SCWD), City of San Clemente, City of San Juan Capistrano, Laguna Beach County Water District (LBCWD) and Moulton Niguel Water District. Only SCWD and LBCWD expressed interest in moving forward after work was completed, with the other agencies electing to monitor the work and consider options to subsequently come back into the project while considering other water supply investments. More recently, LBCWD has had success in using previously held water rights in the OC Basin and may elect to move forward with that project instead of ocean desalination. A final decision is pending based on securing the necessary approvals on the groundwater agreement. SCWD has taken the lead on the desalination project and has hired a consulting team to proceed with project development for the Doheny Desalination Project. Major items scheduled over the next year include: • Preliminary Design Report and Cost Estimate • Brine Outfall Analysis • EIR Process • Environmental Permitting Approvals • Public Outreach • Project Funding • Project Delivery Method • Economic Analysis arcadis.com 661P�t 7 -3 2015 URBAN WATER MANAGEMENT PLAN The schedule for this project includes start -up and operation of up to a 5 MGD (5,600 AFY) facility by the end of 2019. SCWD anticipates leaving the option open for other agencies to participate in a larger, 15 MGD facility, with subsequent permitting and construction of additional slant wells and treatment capacity. Camp Pendleton Seawater Desalination Project— San Diego County Water Authority ( SDCWA) is studying a desalination project to be located at the southwest corner of Camp Pendleton Marine Corps Base adjacent to the Santa Margarita River. The initial project would be a 50 (56,000 AFY) or 100 (112,100 AFY) MGD plant with expansions in 50 MGD increments to a maximum capacity of 150 MGD (168,100 AFY), making this the largest proposed desalination plant in the US. The project is currently in the feasibility study stage and SDCWA is conducting geological surveys, analyzing intake options, and studying the effect on ocean life and routes to bring desalinated water to SDCWA's delivery system. MWDOC and south Orange County agencies are maintaining an interest in the project. arcadis. corn 55b- �-4 2015 URBAN WATER MANAGEMENT PLAN Recognizing that close coordination among other relevant public agencies is key to the success of its UWMP, the City worked closely with entities such as Metropolitan to develop and update this planning document. The City also encouraged public involvement by holding a public hearing for residents to learn and ask questions about their water supply. This section provides the information required in Article 3 of the Water Code related to adoption and implementation of the UWMP. Table 8 -1 summarizes external coordination and outreach activities carried out by the City and their corresponding dates. The UWMP checklist to confirm compliance with the Water Code is provided in Appendix A. Table 8.1: External Coordination and Outreach Ceidrdimatiori and Guttaach D. 5/20/16 & Encouraged public involvement (Public Hearing) Appendix E 5/27/16 Notified city or county within supplier's service area that water supplier is preparing an updated UWMP (at least 60 days prior to 3/3/16 Appendix E public hearing) Held public hearing 6/7/16 Appendix E Adopted UWMP 6/7/16 Appendix F Submitted UWMP to DWR 7/1/16 Submitted UWMP to the California State Library and city or 8/1/16 county within the supplier's service area Made UWMP available for public review 8/1/16 This UWMP was adopted by the City Council on June 7, 2016. A copy of the adopted resolution is provided in Appendix F. A change from the 2004 legislative session to the 2009 legislative session required the City to notify any city or county within its service area at least 60 days prior to the public hearing. As indicated in Table 8 -2, the City sent a Letter of Notification to the County of Orange on March 3, 2016 to state that it was in the process of preparing an updated UWMP (Appendix E). Ul arcadis.com�� 8 -1 2015 URBAN WATER MANAGEMENT PLAN Table 8 -2: Notification to Cities and Counties mumlg4': The City encouraged community and public interest involvement in the plan update through a public hearing and inspection of the draft document on June 7, 2016. Public hearing notifications were published in local newspapers. A copy of the published Notice of Public Hearing is included in Appendix E. The hearing provided an opportunity for all residents and employees in the service area to learn and ask questions about their water supply in addition to the City's plans for providing a reliable, safe, high - quality water supply. Copies of the draft plan were made available for public inspection at the City Clerk's and Utilities Department offices. s. The City's water supply planning relates to the policies, rules, and regulations of its regional and local water providers. The City is dependent on imported water from Metropolitan, its regional wholesaler. The City is also dependent on groundwater from OCWD, the agency that manages the OC Basin as well as provides recycled water in partnership with OCSD. While the City is not a member agency of MWDOC, it contracts and joins with it in conducting water education, conservation programs, and other activities as discussed elsewhere in the Plan. MWDOC provided assistance to the City's 2015 UWMP by providing data and analysis such as population projections, demand projections, and SBx7 -7 modeling. 8,3 UWMP Submittal 8.3.1 Review of 2010 UWMP Implementation As required by California Water Code, the City summarized Water Conservation Programs implemented to date, and compared them to those planned in its 2010 UWMP. arcadia.com C' ' CQB0 0 $'2 2015 URBAN WATER MANAGEMENT PLAN 8.3.2 Comparison of 2010 Planned Water Conservation Programs with 2015 Actual Programs As a signatory to the Memorandum of Understanding Regarding Urban Water Conservation in California, the City's commitment to implement Best Management Practice (BMP) -based water use efficiency program continues today. For the City's specific achievements in the area of conservation, please see Section 4 of this Plan. Comparison of 2010 Projected Recycled Water Use with 2015 Actual Use Recycled water use for the City in 2015 was about 17 percent higher than previously forecasted for 2015 in the 2010 UWMP, as illustrated in Table 6 -3. 8.3.3 Filing of 2015 UWMP The City Council reviewed the Final Draft Plan on June 7, 2016. The seven- member City Council approved the 2015 UWMP on June 7, 2016. See Appendix F for the resolution approving the Plan. By July 1, 2016, the City's Adopted 2015 UWMP was filed with DWR. By August 1, 2016, the City's Adopted 2015 UWMP was filed with California State Library, County of Orange, and cities within its service area, if applicable. arcadis.com OIbb 8 -3 2015 URBAN WATER MANAGEMENT PLAN FSY , . ;* fi yri.. California Department of Water Resources, 2015. Urban Water Management Plans, Guidebook for Urban Water Suppliers, CDM Smith, 2016. Final Technical Memorandum #1 of Orange County Reliability Study. Department of Water Resources, 2015. State Water Project Final Delivery Capability Report 2015. Metropolitan Water District of Southern California, 2016. Metropolitan Urban Water Management Plan 2015. Municipal Water District of Orange County, 2015. Orange County Reliability Study. Orange County Water District, 2014. OCWD Engineer's Report. Orange County Water District, 2015, OCWD Groundwater Management Plan 2015 Update. Orange County Water District. (2015). Groundwater Replenishment Study [Brochure]. San Diego County Water Authority, 2003. Quantification Settlement Agreement. Santa Ana, 2003. City of Santa Ana Sewer Master Plan. Santa Ana, 2015. City of Santa Ana Capital Improvement Program Fiscal Year 2015/2016. Santa Ana, California, Municipal Code Ordinance No. NS -2877, (2015). Southern California Association of Governments, 2012. 50 Cycle Regional Housing Needs Assessment Final Allocation Plan. U.S. Department of the Interior Bureau of Reclamation, 2012. Colorado River Basin Study. Urban Water Management Planning Act, California Water Code § 10610 -10656 (2010). Water Conservation Act of 2009, California Senate SB x7 -7, 7th California Congress (2009). Water Systems Optimization, 2016. California Department of Water Resources: Water Audit Manual. arcadis.com 5 [ B9a $'4 n A D Ik p IX A UINPAP Checklist Iffl, Standardized Tables APPENDIX C Groundwater Management Plan APPENDIX v City Ordinance T::,. I A MUDIX E Notification of Public and Service Area Suppliers U. �i > ^ aI . Adopted UWMP Resolution A P N X G l3um,p Allethadology � I AWWA Water Loss Audit Worksheet APPENDIX "titer Use Efficiency Implementation Resort Arcadis U.S., Inc. 445 South Figueroa Street Suite 3650 Los Angeles, California 90071 Tel 213 486 9884 Fax 213 486 9894 • i , RCADI (Deal9n &Consultancy /// '`Vti fornaturatand bulltassets � ff""MINKMEMA WATER. SUPPLY ASSESSMENT FOR COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN Prepared for: County of Orange Contact: Eric E. Hull, AICP 333 W. Santa Ana Boulevard, Suite 144 Santa Ana, California 92701 -4062 PlaceWorks Contact: Nicole Morse, Esq., Associate Principal 3 MacArthur Place, Suite 1 100 Santa Ana, California 92707 Prepared by: Tetra Tech, Inc. 17885 Von Karman Ave., Suite 500 Irvine, CA 92614 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT WATER SUPPLY ASSESSMENT for COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN FINDINGS In accordance with Water Code §10912 (a)(3), any development that is proposing commercial office buildings employing more than 1,000 persons or (raving more than 250,000 square feet of floor space is determined to be a "Project" and requires the preparation of a water supply assessment per Water Code §10910 et seq. and related provisions of the California Environmental Water Quality Act (CLQA). The proposed County of Orange Civic Center Facilities Strategic Plan (FSP) requires the preparation of a water supply assessment because the project is proposing the renovation of approximately 289,360 square feet, demolition of approximately 429,277 square feet, and construction of approximately 818,676 square feet or a net increase of 389,399 square feet of new government office buildings. The City of Santa Ana is the public water system that is currently and will supply water to the proposed County of Orange Civic Center FSP Project. Per Water Code §10910, "If the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment ". As the projected water demand associated with the proposed County of Orange Civic Center FSP Project was accounted for in the City of Santa Ana 2015 Urban Water Management Plan (UWMP), this water supply assessment was prepared incorporating the requested information from the City's UWIVIP. Based on this water supply assessment, sufficient water supply is available for the proposed County of Orange Civic Center FSP Project. The total water supplies available to the City of Santa Ana during normal, single -dry and multiple dry years within a 20 -year projection will meet the projected water demand of the Project in addition to the demand of existing and other planned future uses, including, but not limited to, agricultural and manufacturing uses. This finding is based on the City's reliable supply of groundwater, continued success with water conservation programs, and the City's purchase order agreement with Metropolitan Water District of Southern California. This Water Supply Assessment shall not constitute a "will- serve" or in any way entitles the project to service or to any right, priority or allocation in any supply, capacity or facility, and that the issuance of the Water Supply Assessment shall not affect the City of Santa Ana's obligation to provide service to its existing customers or any potential future customers including this Project. s9BY" "4M CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT WATER SUPPLY ASSESSMENT GENERAL INFORMATION Purpose of Assessment City of Santa Ana has been identified as the public water system that will supply water service to the Civic Center FSP Project. As the public water system, the City of Santa Ana is required by Section 10910 et seq. of the Water Code to prepare an assessment of water supply availability ( "assessment ") for defined types of projects. The Civic Center FSP Project has been found to be project requiring an assessment in accordance with Section 10912 et seq. of the Water Code (the proposed project includes more than 250,000 square feet of office building floor space). This assessment is required to be included in the environmental document for the Project, and, based on the record, make a determination whether projected water supplies are sufficient for the Project and existing and planned uses. Water Code Section 10910 contains the requirements for the information to be set forth in the assessment. Prior Water Suooly Assessments City of Santa Ana does not allocate particular supplies to any project, but identifies total supplies for its service area. Because of the City's aggregation of demands and supplies, each assessment prepared for the City is expected to be generally similar to the most recent assessment, with changes as needed to take into account changes, if any, in demands and supplies, and any updated and corrected information obtained by the City. Previously assessed projects' water demands have been included within the City's updated water model and have been found to be consistent with the City's 2015 Urban Water Management Plan. Supporting Documentation City of Santa Ana prepared the 2015 Urban Water Management Plan (UWMP) us required by statute. The UWMP contains the defined elements listed in the statute (Water Code Section 1063 t, et seq.) and includes water supply and demand issues. In addition, the City recently completed a hydraulic modeling of its existing City's water system. The model demands were developed and allocated based upon individual account consumption data. This consumption data was then compared and adjusted to be consistent with the 2015 total water demands included within the 2015 UWMP. The City will continue to update this hydraulic model to include near -term and buildout conditions. This hydraulic model and its water demand data can be used to confirm impacts of future projects as well as to confirm if there is adequate water supply to meet the demands of these future projects. 5 NEPN63 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT PROJECT DESCRIPTION County of Orange Civic Center Facilities Strategic Plan The County of Orange Facilities Strategic Plan ( "FSP Project") entails the phased demolition, renovation, and new construction of multiple government buildings at the Project Site. The Project Site is in central Santa Ana, California within Orange County, as shown on Figure 1. The Project Site consists of: an approximate 10,74 -acre County facility "superblock'; and County satellite buildings. The "superblock" is bounded by Ross Street to the west, Civic Center Drive to the north, Broadway to the east, and Santa Ana Boulevard to the south. County satellite buildings that would be renovated as part of the FSP Project but are not within the superblock include 401 and 433 W. Civic Center Drive north of the superblock across Civic Center Drive West, and H.G. Osborne Building (300 N. Flower Street) southwest of' the superblock. The FSP Project involves the transfer of employees from these County buildings to the superblock. Although the transfer of these employees to the superblock is part of the FSP Project, no construction, renovation, or any other activities that would result in a significant impact on the environment will occur. The Project Site is located in an urbanized area and is completely built -out with county -owned government buildings, associated parking and landscaping. The City of Santa Ana General Plan Land Use designates the superblock as INS (Institutional) and GCD (Government Center). The FSP Project entails the phased demolition, renovation, and new construction of multiple government buildings at the Project Site. The proposed demolition and new construction would occur within the superblock area of the Project Site. �'14lb4 59 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Physical improvements at the County satellite buildings would be limited to renovation. Although the FSP Project includes the construction of new buildings, it is for the purposes of consolidating County facilities and employees. The FSP Project is not expected to generate a substantial change in the total number of County employees. However, since the project would result in a net increase in governmental office space (the majority occurring during the fourth phase of development) employee growth in the area is expected to occur. The FSP Project includes the renovation of approximately 289,360 square feet, demolition of approximately 429,277 square feet, and construction of approximately 818,676 square feet of building space. This would result in a net increase of 389,399 square feet of new government office uses. Implementation of the FSP Project is expected to occur in four phases over a period of approximately 18 years. The following table summarizes the buildout by phase: Table k Buildout by Phase 1 2016 to 2021 144,200 sf c 109,939 sPr 258,220 sf 2 2021 to 2027 43,160 sf <319,338 sf> 264,316 sf 3 2024 to 2030 102,000 sf ¢0 sf> 0 sf 4 2030 to 2035 0 sf a0 sf> 296, 140 sf TOTAL 289,360 sf <429,277 sf> 818,676 sf Net New Building 389,399 sf 0 71,V CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Water Demands The following is a summary of the water demands for the proposed FSP Project: Table 2: Water Dentands by Phase Phase Average Day (gallons per da Average Dentand (AF/ r) Phase 1 203,040 gal/day 227 AF /yr Phase 2 203,040 gal /day 227 AF /yr Phase 3 169,920 gal /day 191 AF /yr Phase 4 1 172,800 gaUday 194 AF /yr Total 748,800 gal/day 839 AF /yr Based on the hydraulic model of the existing water system (2015), the Project Site currently has an average day water demand of 62,000 gallday. The following is a summary of the additional water demands the proposed FSP Project will have per phase on the City of Santa Ana's water system: Table 3: Additional Water Demands by Phase Phase Additional Average Day ( allons per da) Additional Average Demand AF! r) Phase 1 141,040 gal /day 158 AF /yr Phase 2 203,040 gal /day 227 AF /yr Phase 3 169,920 gal /day 191 AF /yr Phase 4 172,800 gal /day 194 AF /yr Total 686,800 gal /day 770 AF /yr CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT City of Santa Ana Total Water Demand Projections Per the City's 2015 Urban Water Management Plan (Table 2.2 and Table 2 -4), the following is a summary of the potable water demands projected in acre -foot for the Use Type "Other' ((CII) Comm/Instit /Indust) and the comparison to the additional average demand projected for the FSP Project: Table 4: Santa Ana Total Water Demand Proiects (based on UWMP) Demands for Potable Water (Acre -foot per year) Description 2015 2020 2025 2030 2035 2010 Total Potable Water Demands 36,656 36,678 39,397 39,669 39,658 39,716 Accumulative Additional Total 22 2,741 3,013 3,002 3,060 Demand Use Type "Other" (C1I) 12,025 12,033 12,925 13,014 13,010 13,030 Comm/Instit /Indust Accumulative "Other' g 900 989 985 1,005 Additional Demand FSP Project 158 385 576 770 770 Additional Demand The City's UWMP did not anticipate much of an increase in water demands between 2015 and 2020 due to meeting the State's water reduction goal (SBx7 -7 Requirements). As seen above the 2020 FSP Project additional demand is more than the additional demand projected in 2020. After 2020, the additional demand as [lie result of the FSP Project is accounted for in the projections for the "Other" Use Type within the UWMP. 2020 Projected Potable Water Demand Based on the UWMP, the total potable water projected demand for 2020 is 36,678 AF /year. Adding the FSP Project additional water demand projected for 2020 (158 AF /yr), the total potable water projected demand would be increased to 36,836 AFY or an increase of little over 0.4% over the total projected demand. This increase is minimal in comparison to the State's water reduction goal the City has been striving to meet. This is confirmed by comparing to the following City of Santa Ana Historical Water Demands: • City of Santa 10 year average (1999 to 2009): 46,576 AF /year (Source: Santa Ana Historical Production Records) • Metropolitan WSAP April 2009 Base Year Demand for City: 46,809 AF /year The City of Santa Ana's water system has previously meet system demands well over 46,000 AF /year and will have the ability to meet the additional FSP Project additional demands in 2020. In addition, as stated in Section 3.6.5 (Multiple -Dry Year Period Reliability Comparison) of the UWMP, the City has available supplies to meet the projected demand with a 6 percent increase due to its diversified supply and conservation measures. 581MV7 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT CITY OF SANTA ANA WATER FACILITIES City of Santa Ana is a public water system, Public Water Systern No. CA3010038, serving the City of Santa Ana. City of Santa Ana is a local water retailer with 44,610 municipal connections (2015) which supplied 36,656 acre -feet of water in 2015. The City receives its water from two main sources, local well water from the Lower Santa Ana River Groundwater Basin, also known as the Orange County Groundwater Basin (OC Basin), which is managed by Orange County Water District (OCWD), and imported water from Metropolitan Water District of Southern California (Metropolitan). The City is a member agency of Metropolitan. The City maintains 444 miles of transmission and distribution mains, nine reservoirs with a storage capacity of 44.3 million gallons, seven pumping stations, 20 wells, and seven import water connections. Thirteen of the City wells pump into surface reservoirs with booster stations pumping the water into the distribution system. The remaining wells pump directly into the City's distribution system. Water pumped from these wells has been naturally filtered as it passes through underlying aquifers or sand, gravel, and soil. This well water only requires disinfectant treatment for system distribution. The City maintains seven imported water connections to receive water through Metropolitan's Orange County and East Orange County Feeder pipelines. Seven metered connections with a total capacity of 60,580 gallons per minute (gpm) transfer water into the City's distribution system. System Pressures — The City has two distinct pressure zones, the main zone and the high zone. Peak Demand — Water system demand patterns are a result of climatological, land use, sociological, and institutional factors, all of which affect the amount of water consumed. Reduction in peak demands can reduce the need for construction of new water storage and conveyance facilities and, in certain instances, the development of new water sources. The City's computerized telemetry system allows water system operators to operate the system more efficiently through the ability to stage and prioritize water production facilities usage to meet these ever changing demand patterns. CITY OF SANTA ANA 2015 URBAN WATER MANAGEMENT PLAN City of Santa Ana 2015 Urban Water Management Plan (UWMP) provides a detailed summary of present and future water resources and demands and provides an assessment of the City's water resource needs. Specifically, the UWMP provides water supply planning for a 25 -year planning period in five -year increments and identifies water supplies needed to meet existing and future demands. The demand analysis identified supply reliability under three hydrologic conditions: a normal year, a single -dry year, and multiple -dry years. In addition, the 2015 UWMP details the City's SBx7 -7 target - setting process to achieve the 95 percent of the applicable state hydrologic region target as set forth in the State's 20x2020 Water Conservation Plan. The 2015 UWMP is an individual UWMP for a retail water agency, but the City is also a member of the Orange County 20x2020 Regional Alliance. 596IT31bb CITY OF SANTA ANA CITY WATER DEMANDS OVERVIEW CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Southern California's urban water demands has been largely shaped by the efforts to comply with SBx7 -7. This law requires all California retail urban water suppliers serving more than 3,000 acre -feet per year (AFY) or 3,000 service connections to achieve a 20 percent water demand reduction (from a historical baseline) by 2020. The City has been actively engaged in efforts to reduce water use in its service area to meet the 2015 interim 10 percent reduction and the 2020 final water use target. Section 2 of the City's 2015 UWMP summarizes the analysis of the City's current water demands, factors that influence those demands, and projections of future water demands for the next 20 years, In addition, to satisfy SBx7 -7 requirements, the section provides details of the City's SBx7.7 compliance method selection, baseline water use calculation, and 2015 and 2020 water use targets. There are 44,551 current customer active and inactive service connections in the City's water distribution system with all existing connections metered. Approximately 66.8 percent of the City's water demand is residential; commercial, including dedicated landscape, accounts for the remaining 33,2 percent of the total demand. The following table is a summary of the City's total water demand in for potable water (2015): Use T e Additional Descri Lion Volume Single Family 14,084 AFY Multi - Family 10,399 AFY Other (CII) Commercial /Institution /Industry 12,025 AFY Landscape Large 147 AFY TOTAL 36,656 AFY The water demand projections included within the City's 2015 UWMP were an outcome of the Orange County (OC) Reliability Study led by MWDOC. The OC Reliability study accounted for drought impacts but excluded any changes as result of new conservation methods (new passive and active conservation as a result of plumbing codes, water model efficiency landscape ordinance, etc.). However, the demand projections account for passive savings in the future as described in the UWMP. The following table is a projection of the City's water demand for the next 25 years: Table 6: Projected Demands jor Potable Water (AFY) Use Type 2015 2020 2025 2030 2035 2040 Single Family 14,084 14,092 15,137 15,241 15,237 15,259 Multi - Family 10,399 10,405 11,177 11,254 11?51 11,267 Other 12,025 12,033 12,925 13,014 13,010 13,030 Landscape 147 148 158 160 160 160 TOTAL 36,656 36,678 39,397 39,669 39,658 39,716 51 -'Td9 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT SBx7 -7 Requirements The Water Conservation Act of 2009, SBx7 -7 requires the State of California to reduce urban water use by 20 percent by the year 2020. Within Section 2.5 of the 2015 UWMP, the target methods and determination of the 2015 and 2020 targets are described. The City selected to comply with Option 3 which is to achieve 95 percent of the applicable state hydrologic region target as set forth in the State's 20x2020 Water Conservation Plan, The City is in compliance with its 2015 interim target and has also already met the 2020 water use target. The City is a member of the Orange County 20x2020 Regional Alliance formed by MWDOC. Based on the actual 2015 water use in the region, the Regional Alliance has already met its 2020 GPCD goal, 19 50-4 lb ��1'0 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT WATER SOURCES AND SUPPLY RELIABILI'T'Y The City relies on a combination of imported water, local groundwater, and recycled water to meet its water needs. The City works together with two primary agencies, Metropolitan Water District and OCWD to ensure a safe and reliable water supply that will continue to serve the community in periods of drought and shortage. The sources of imported water supplies include water from the Colorado River and the SWP provided by Metropolitan. The City's main source of water supply is groundwater from the OC Basin. Imported water and recycled water make up the rest of the City's water supply portfolio. Currently, the City relies on approximately 71 percent groundwater, 28 percent imported water, and 1 percent recycled water. The City's water supply portfolio is expected to change slightly to 70 percent groundwater, 29 percent imported water, and 0.7 percent recycled water by the year 2040. The sources of imported water supply include the Colorado River and the SWP. The City's projected water supply portfolio is shown on Figure 2 Figure 2: Water Supply Sources in the City (AF) Section 3 of the UWMP provides a detailed discussion of the City's water sources as well as the future water supply portfolio for the next 25 years. Additionally, the City's projected supply and demand under various hydrological conditions are compared to determine the City's supply reliability for the 25 year planning horizon. Imported Water The City supplements its water supply with imported water purchased from Metropolitan Water District of Southern California (MWD). Included within Appendix A is a copy of the City of Santa Ana's Purchase Order for system water to be provided by MWD for the next 10 years. IN M CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT The City currently maintains seven imported water connections to the Metropolitan System. The following is a summary of these seven connections and their normal and design capacities. Table 7: Metropolitan Wetter District Connections MWD Connection Nante of Connection Normal Operating Ca aci (MGD) Design Capacity (MGD) SA -1 Bristol 5.17 6.46 SA -2 First 5.17 9.69 SA -3 McFadden 5.17 6.46 SA4 Warner 4.85 6.46 SA -5 Alton 4.85 12.93 SA -6 Santa Clara 7.76 12,93 SA -7 Red Hill 4.85 32,31 Metropolitan's principal sources of water are the Colorado River via the Colorado River Aqueduct (CRA) and the Lake Oroville watershed in Northern California through the State Water Project (SWP). The water obtained from these sources is treated at the Robert B. Diemer Filtration Plant located north of Yorba Linda. Typically, the Diemer Filtration Plant receives a blend of Colorado River water from Lake Matthews through the Metropolitan Lower Feeder and SWP water through the Yorba Linda Feeder. Section 3.2.1 (Colorado River Supplies) of the UWMP summarizes the Colorado River supplies, Metropolitan's basic entitlement, the Colorado River Basin Water Supply and Demand Study, and the future actions that must be taken to implement solutions and help resolve the imbalance between water supply and demand in areas that use Colorado River water. Section 3.2.2 (State Water Project Supplies) of the UWMP summarizes the State Water Project supplies, issues with the Sacramento -San Joaquin River Delta, ongoing regulatory restrictions, Metropolitan's Delta Action Plan, summary of SWP water deliveries, and the Delta Risk Management Strategy evaluating alternatives to reduce the risk to the Delta. For additional information, it is included within Metropolitan's 2015 Urban Water Management Plan. Groundwater Historically, local groundwater has been the cheapest and most reliable source of supply for the City. The City draws groundwater from the Orange County Groundwater Basin (OC Basin). This source of water meets approximately 71 percent of the City's total annual demand. Section 3.3.1 of the UWMP provides a summary of the basin characteristics. Orange County Water District (OCWD) was formed in 1933 by a special legislative act of the California State Legislature to protect and manage the County's vast, natural, groundwater supply using the best available technology and defend its water rights to the OC Basin. This legislation is found in the State of California Statutes, Water — Uncodified Acts, Act 5683, as amended, 5961T'1T1' CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT The OC Basin is managed by OCWD under the Act, which functions as a statutorily- imposed physical solution. Groundwater levels are managed within a safe basin operating range to protect the long -term sustainability of the OC Basin and to protect against land subsidence. OCWD regulates groundwater levels in the OC Basin by regulating the annual amount of pumping. This is summarized in Orange County Water District Groundwater Management Plan 2015 Update. The OC Basin is not adjudicated and as such, pumping from the OC Basin is managed through a process that uses financial incentives to encourage groundwater producers to pump a sustainable amount of water. The framework for the financial incentives is based on establishing the basin production percentage (BPP), the percentage of each Producer's total water supply that comes from groundwater pumped from the OC Basin. Groundwater production at or below the BPP is assessed a Replenishment Assessment (RA). While there is no legal limit as to how much an agency pumps from the OC Basin, there is a financial disincentive to pump above the BPP. Agencies that pump above the BPP ure charged the RA plus the Basin Equity Assessment (BEA), which is calculated so that the cost of groundwater production is greater than MWDOC's full service rate. The BEA can be increased to discourage production above the BPP. The BPP is set uniformly for all Producers by OCWD on an annual basis. The BPP is set based on groundwater conditions, availability of imported water supplies, and basin management objectives. The supplies available for recharge must be estimated for a given year. The supplies of recharge water that are estimated are: 1) Santa Ana River stortnflow, 2) Natural incidental recharge, 3) Santa Ana River baserlow, 4) GWRS supplies, and 5) other supplies such as imported water and recycled water purchased for the Alamitos Barrier. The BPP is it major factor in determining the cost of groundwater production from the OC Basin for that year. In some cases, OCWD encourages treating and pumping groundwater that does not meet drinking water standards in order to protect water quality. This is achieved by using a financial incentive called the BEA Exemption. A BEA Exemption is used to clean up and contain the spread of poor quality water. OCWD uses a partial or total exemption of the BEA to compensate a qualified participating agency or Producer for the costs of treating poor quality groundwater. When OCWD authorizes a BEA exemption for a project, it is obligated to provide the replenishment water for the production above the BPP and forgoes the BEA revenue that OCWD would otherwise receive from the producer. As previously mentioned, the BPP is the primary mechanism used by OCWD to manage pumping in the OC Basin. In 2013, OCWD's Board of Directors adopted a policy to establish a stable BPP with the intention to work toward achieving and maintaining a 75 percent BPP by FY 2015 -16. Although BPP is set at 75 percent, based on discussions with OCWD a conservative BPP of 70 percent is assumed through 2040. Principles of this policy include: • OCWD's goal is to achieve u stable 75 percent BPP, while maintaining the same process of setting the BPP on an annual basis, with the BPP set in April of each year after a public hearing has been held and based upon the public hearing testimony, presented data, and reports provided at that time. • OCWD would endeavor to transition to the 75 percent BPP between 2013 and 2015 as construction of the GWRS Initial Expansion Project is completed. This expansion will provide an additional 31,000 AFY of water for recharging the groundwater basin. • OCWD must manage the OC Basin in a sustainable manner for future generations. The BPP will be reduced if future conditions warrant the change. • Each project and program to achieve the 75 percent BPP goal will be reviewed individually and assessed for their economic viability. 12 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT The OC Basin's storage levels would be managed in accordance to the 75 percent BPP policy. It is presumed that the BPP will not decrease as long as the storage levels are between 100,000 and 300,000 AF from full capacity. If the OC Basin is less than 100,000 AF below full capacity, the BPP will be raised, If the OC Basin is over 350,000 AF below full capacity, additional supplies will be sought after to refill the OC Basin and the BPP will be lowered. The OC Basin is managed to maintain water storage levels of not more than 500,000 AF below full condition to avoid permanent and significant negative or adverse impacts. Operating the OC Basin in this manner enables OCWD to encourage reduced pumping during wet years when surface water supplies are plentiful and increase pumping during dry years to provide additional local water supplies during droughts, OCWD determines the optimum level of storage for the following year when it sets the BAP each year. Factors that affect this determination include the current storage level, regional water availability, and hydrologic conditions. When the OC Basin's storage approaches the lower end of the operating range, immediate issues that must be addressed include seawater intrusion, increased risk of land subsidence, and potential for shallow wells to become inoperable due to lower water levels. The OCWD's Engineer's Report reports on the groundwater conditions and investigates information related to water supply and OC Basin usage within OCWD's service area. The overall BPP achieved in the 2013 to 2014 water year within OCWD for non - irrigation use was 75.2 percent. However, a BPP level above 75 percent may be difficult to achieve. Therefore, a BPP ranging from 65 percent to 70 percent is currently being proposed for the ensuing FY 2015 -16, Analysis of the OC Basin's projected accumulated overdraft, the available supplies to the OC Basin (assuming average hydrology) and the projected pumping demands indicate that this level of pumping can be sustained for 2015 -I6 without harming the OC Basin. A BPP of 70 percent corresponds to approximately 320,000 AF of groundwater production including 22,000 AF of groundwater production above the BPP to account for several groundwater quality enhancement projects discussed earlier. In FY 2015 -16 additional production of approximately 22,000 AF above the BPP will be undertaken by the City of Tustin, City of Garden Grove, Mesa Water District, and Irvine Ranch Water District. These agencies use the additional pumping allowance in order to accommodate groundwater quality improvement projects. As in prior years, production above the BPP from these projects would be partially or fully exempt from the BEA as a result of the benefit provided to the OC Basin by removing poor - quality groundwater and treating it for beneficial use. Section 3.3.3 of the UWMP describes the Groundwater Recharge Facilities which are essential to support pumping from the OC Basin. Section 3.3.4 of the UWMP describes the Metropolitan Groundwater Replenishment Program to increase storage in the OC Basin. Section 3.3.5 of the UWMP describes the Metropolitan Conjunctive Use Program which allows for the storage of Metropolitan water in the OC Basin. Section 3.3.7 of the UWMP summarizes the annual analysis of basin storage change and accumulated overdraft for the recent years. 13 59B" 14 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT City of Santa Ana Groundwater Historical Extraction The City pumps groundwater through its twenty (20) operating groundwater wells. The following table summarizes the groundwater volume pumped by the City during the last five years. Table 8: Historical City Groundunter Volume Pumped Groundwater Volume Pumped in AFY Groundwater Basin 2011 2012 2013 2014 2015 OC Groundwater Basin 24,293 20,236 26,613 27,953 26,351 Summary of Existing and Planned Sources of Water The following is a summary of the current and planned sources of water for the City as included in the UWMP. Table 9: City Actual and ProiectedWaterSupplier The City does receive recycled water from the OCWD's Green Acres Project (GAP) that is used for non - potable applications. Section 6 of the UWMP summarizes the recycled water usage and potential within the City of Santa Ana, Supply Reliability Every urban water supplier is required to assess the reliability of their water service to its customers under normal, dry, and multiple dry water years, The City depends on a combination of imported and local supplies to meet its water demands and has taken numerous steps to ensure it has adequate supplies. Development or numerous local augment the reliability of the imported water system. The water supplies are projected to meet full - service demands; Metropolitan's 2015 UWMP finds that Metropolitan is able to meet, full- service demands of its member agencies starting 2020 through 2040 during normal years, single dry year, and multiple dry years. Metropolitan's 2015 Integrated Water Resources Plan (IRP) update describes the core water resources that will be used to meet full - service demands at the retail level under all foreseeable hydrologic conditions from 2020 through 2040. The foundation of Metropolitan's resource strategy for achieving regional water supply reliability has been to develop and implement water resources programs and activities through its IRP preferred resource mix. 14 5 -1125 Actual Projected Water Supply (Reasonably Available) (AFY) (AFY) Water SuPpIv 2015 2020 2025 2030 2035 2040 Groundwater OC Basin 26,351 25,899 27,802 27,992 27,985 28,025 Imported Water Metropolitan 10.305 10,799 11,615 11,697 11,693 11,711 Recycled Water 352 300 300 300 300 300 OCWD GAP TOTAL 37,008 36,998 39,717 39,989 1 39,978 1 40,036 The City does receive recycled water from the OCWD's Green Acres Project (GAP) that is used for non - potable applications. Section 6 of the UWMP summarizes the recycled water usage and potential within the City of Santa Ana, Supply Reliability Every urban water supplier is required to assess the reliability of their water service to its customers under normal, dry, and multiple dry water years, The City depends on a combination of imported and local supplies to meet its water demands and has taken numerous steps to ensure it has adequate supplies. Development or numerous local augment the reliability of the imported water system. The water supplies are projected to meet full - service demands; Metropolitan's 2015 UWMP finds that Metropolitan is able to meet, full- service demands of its member agencies starting 2020 through 2040 during normal years, single dry year, and multiple dry years. Metropolitan's 2015 Integrated Water Resources Plan (IRP) update describes the core water resources that will be used to meet full - service demands at the retail level under all foreseeable hydrologic conditions from 2020 through 2040. The foundation of Metropolitan's resource strategy for achieving regional water supply reliability has been to develop and implement water resources programs and activities through its IRP preferred resource mix. 14 5 -1125 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT This preferred resource mix includes conservation, local resources such as water recycling and groundwater recovery, Colorado River supplies and transfers, SWP supplies and transfers, in- region surface reservoir storage, in- region groundwater storage, out -of- region banking, treatment, conveyance and infrastructure improvements. There are various factors that may impact reliability of supplies such as environmental, legal, imported water quality, groundwater water quality, and climate change. These factors are discussed in Section 3.6 .2 of the City's UWMR The City's UWMP provides a description of water supply reliability and vulnerability to seasonal or climatic shortage. The City's ability to meet supply demands is contingent upon its ability to maintain its water production assets in proper working order. Normal -Year Reliability Comparison The water demand forecasting model, developed for the OC Reliability Study to project the 25 -year demand for Orange County water agencies, also isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The explanatory variables of population, temperature, precipitation, unemployment rate, drought restrictions, and conservation measures were used to create the statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition. The average (normal) demand is represented by the average water demand of 1990 to 2014 (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). The City is 100 percent reliable for normal year demands from 2020 through 2040. The City has entitlements to receive imported water from Metropolitan via the regional distribution system. Although pipeline and connection capacity rights do not guarantee the availability of water, per se, they do guarantee the ability to convey water when n is available to the Metropolitan distribution system. All imported water supplies are assumed available to the City from existing water transmission facilities. The demand and supplies listed below also include local groundwater supplies that are available to the City through OCWD by a pre - determined pumping percentage. Single -Dry Year Reliability Comparison A single -dry year is defined as a single year of no to minimal rainfall within a period that average precipitation is expected to occur. The water demand forecasting model developed for the OC Reliability Study isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition (1990- 2014). For a single dry year condition (FY2013 -14), the model projects a six percent increase in demand for the OC Basin area where the City's service area is located (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). Detailed information of the model can be obtained from the City of Santa Ana, The City has documented that it is 100 percent reliable for single dry year demands from 2020 through 2040 with a demand increase of six percent from normal demand with significant reserves held by Metropolitan, local groundwater supplies, and conservation. 15 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Multi -Dry Year Period Reliability Comparison Multiple -dry years are defined as three or more consecutive years with minimal rainfall within a period of average precipitation. The water demand forecasting model developed for the OC Reliability Study isolated the impacts that weather and future climate can have on water demand through the use of a statistical model. The impacts of hot/dry weather condition are reflected as a percentage increase in water demands from the average condition (1990 - 2014). For a single dry year condition (FY2013 -14), the model projects a six percent increase in demand for the OC Basin area where the City's service area is located (CDM Smith, Final Technical Memorandum #1 of Orange County Reliability Study, April 2016). It is conservatively assumed that a three -year multi dry year scenario is a repeat of the single dry year over three consecutive years (FY 2011 -12 through FY 2013 -14). The City is capable of meeting all customers' demands with significant reserves held by Metropolitan, local groundwater supplies, and conservation in multiple dry years from 2020 through 2040 with a demand increase of six percent from normal demand with significant reserves held by Metropolitan, local groundwater supplies, and conservation. The basis of the water year is displayed in Table 10. Table 10: Basis of Water Year Data Year Type Base Year Volume Available AFY) %of Avera a Sa t Average Year 2015 37,008 100% Single -Dry Year 2014 39,228 106 %n Multiple -Dry Years I" Year 2012 39,228 106% Multiple -Dry Years 2 "1 Year 2013 1 39,228 1 106% Multiple -Dry Years 3rd Year 2014 39,228 106% Supply and Demand Assessment A comparison between the supply and the demand for projected years between 2020 and 204 is shown in Table 11. As stated above, the available supply will meet the projected demand due to diversified supply and conservation measures. Table 11: Normal Year Supply and Demand Comparison (in AFY) Description 2020 2025 2030 2035 2040 Supply Totals 36,998 39,717 39,989 39,978 40,036 Demand Totals 36,998 39,717 39,989 39,978 40,036 Difference 0 0 0 0 0 A comparison between the supply and the demand in a single dry year and multiple dry years are shown in Table 12 and Table 13 respectively. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. E ,03 -111 ■ CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Table 12: SintIe Drw YearSunnlv and Demand Carmarison (in AFY) Descri tlon 2020 2025 2030 2035 2040 Supply Totals 39,218 42,100 42,388 42,377 42,438 Demand Totals 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 Table 13: Mtdtiore Drt, Years Sannh and Dentand Comparison iin AFY) IF 599n4IT1b 2020 2025 2030 2035 2040 Supply Totals 39,218 42,100 42,388 42,377 42,438 First Year Demand Totals 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 Supply Totals 39,218 42,100 42,388 42,377 42,438 Second Year Demand Totals 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 Supply Totals 39,218 42,100 42,388 42,377 42,438 Third Year Demand Totals 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 IF 599n4IT1b CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT DEMAND MANAGEMENT MEASURES Section 4 of the UWMP provides a comprehensive description of the water conservation programs that the City of Santa Ana has implemented, is currently implementing, and plans to implement in order to meet its urban water use reduction targets. The City of Santa Ana Council adopted the Water Conservation and Supply Shortage Program Ordinance No. NS -2877 in May 2015. Ordinance No. NS -2877 establishes permanent water conservation requirements and prohibition against waste that are effective at all times and is not dependent upon a water shortage for implementation. In an event of a water supply shortage, the ordinance further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. The provisions and water conservation measures to be implemented in response to each shortage level are described in Section 5 or the UWMP. The City's Water Conservation and Supply Shortage Program Ordinance can be obtained from the City. The City maintains active water wasting prohibition measures at all times and has the ability to implement additional measures as water conservation needs dictate. In 2015, as a result of the Governor's drought mandates, the City began to tract: its water wasting prohibition enforcement activities. On June 2, 2015 the City declared a Phase 2 water supply shortage in Resolution No. 2015 -025 by formally requiring all water consumers to reduce use by 12 percent relative to their 2013 consumption. Additionally, on August 4, 2015, a water wasting penalty rate was established by Resolution No. 2015 -047. This new penalty rate permits City staff to penalize those users not meeting their water use reduction targets of 12 percent. The City of Santa Ana as a whole has been meeting its State mandated target; as a result the City has yet to impose any monetary penalties on any of its users. The City has communicated the water wasting prohibitions and water conservation measures via various communication outlets available including messaging on water bills, bill inserts, bill envelopes, the City website, bus shelter advertisements, City newsletters, pole banners across the City, and a water conservation booth at community events. As a result, in 2015 the City received 1,064 water waster complaints: a dramatic increase from prior years. The City intends to continue both its water waste enforcement efforts and water conservation messaging in the future; however, the intensity of both activities will be directly related to the level of water conservation required to meet stated use reductions. Part of the City's public education and outreach program is administered by MWDOC, although the City is not one of its retail agencies. MWDOC has established an extensive public education and outreach program to assist retail agencies in Orange County to promote water use efficiency awareness within their service areas. MWDOC's public education and outreach programs consist of five primary activities: school education programs; value of water communication program; quarterly water policy dinners and water inspection trips; and organized community events. These activities are further described in Section 4.4 of the UWMP. In addition to the primary programs it administers, MWDOC also maintains a vibrant public website (www.mwdoc,coml as well as a social media presence on Facebook, Twitter and Instagram. MWDOC's Facebook page has more than 1,200 followers. The social media channels are used to educate the public about water- efficiency, rates and other water - related issues. ffi 5 1-�Tf99 CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT WATER SHORTAGE CONTINGENCY PLAN Within Section 5 of the UWMP, the water supply shortage policies Metropolitan and the City have in place to respond to events including catastrophic interruption and reduction in water supply are described. These include; Metropolitan Water Surplus and Drought Management Plan; Metropolitan Water Supply Allocation Plan; and City of Santa's Water Conservation Ordinance No. NS -2877. City of Santa Ana's Water Conservation Ordinance The City's Water Conservation Ordinance No. NS -2877 was passed by the City on May 19, 2015. The purpose of the Water Conservation Ordinance is to encourage reduced water consumption within the City through conservation, enable effective watersupply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City. It provides procedures, rules, and regulations for mandatory water conservation that gain results while minimizing the effect of a water shortage on the City's water customers. The City is fully dependent on Metropolitan and OCWD for its water supply. Confirmation of an extended water shortage emergency would generally be received from one or both of these agencies. An actual shortage does not have to exist; merely the threat of a shortage is sufficient cause to impose sanctions. When a water shortage appears imminent, the City Manager notifies the City Council and recommends holding a public hearing for the purpose of determining whether a water shortage emergency exists. If the City Council determines that a water shortage exists, it then makes the decision as to the appropriate phase of the Ordinance to implement. There are three Water Shortage Stages that the City can implement. A summary of the stages of water shortage is summarized in Section 5.2.3 of the UWMP. The City does not have a set percent supply reduction for each stage but will determine the percent reduction as it enters into each stage. Three -Year Minimum Water Supply As u matter of practice, Metropolitan does not provide annual estimates of the minimum supplies available to its member agencies. As such, Metropolitan member agencies must develop their own estimates. Section 135 of the Metropolitan Water District Act declares that a member agency has the right to invoke its "preferential right" to water, which grants each member agency a preferential right to purchase a percentage of Metropolitan's available supplies based on specified, cumulative financial contributions to Metropolitan. Each year, Metropolitan calculates and distributes each member agency's percentage of preferential rights. However, since Metropolitan's creation in 1927, no member agency has ever invoked these rights as a means of acquiring limited supplies from Metropolitan. As captured in its 2015 UWMP, Metropolitan believes that the water supply and demand management actions it is undertaking will increase its reliability throughout the 25-year period addressed in its plan. Thus for purposes of this estimate, it is assumed that Metropolitan will be able to maintain the identified supply amounts throughout the three -year period. Metropolitan projects reliability for full service demands through the year 2040. Additionally, through a variety of groundwater reliability programs conducted by OCWD and participated in by the City, local supplies are projected to be maintained at demand levels. 19 5ou1- -IJILb CITY OF SANTA ANA CIVIC CENTER FACILITIES STRATEGIC PLAN WATER SUPPLY ASSESSMENT Based on Metropolitan's WSAP, the City is expected to fully meet demands for the next three years assuming Metropolitan is not in shortage, a BPP of 70 percent for Local Supplies, and zero allocations are imposed for Imported Supplies. The Three Year Estimated Minimum Water Supply is summarized below: 2016 Available Water Supply: 38,642 AFY 2017 Available Water Supply: 38,642 AFY 2018 Available Water Supply: 38,642 AFY Catastrophic Supply Interruption Given the great distances that imported water supplies travel to Orange County, the region is vulnerable to interruptions along hundreds of miles of aqueducts, pipelines and other facilities associated with delivering the supplies to the region. Additionally, the infrastructure in place to deliver supplies are susceptible to damage from earthquake and other disasters. Section 5.4 of the UWMP describes the various emergency response plans, including: Metropolitan's, Water Emergency Response of Orange County; and the City of Santa Ana. FUTURE WATER SUPPLY PROJECTS AND PROGRAMS Section 7 of the UWMP describes various future water supply projects and programs. These include: transfer or exchange opportunities; City's plan to expand usage of recycled water and construction of advanced meter infrastructure; and desalination opportunities. 0 5UB54141 VIMIJAZI Purchase Order for System Water To Be Provided By Metropolitan Water District of Southern California 5993� A- 2014 -354 PURCHASE ORDER FOR SYSTEM WATER TO BE PROVIDED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA PURCHASER: TERM City of Santa Ana 10 years: January 1, 2015 – December 31 2024 INITIAL BASE PERIOD DEMAND: EFFECTIVE DATE: acre -feet January 1, 2015 13,476 INITIAL TIER 1 MAXIMUM — Annual INITIAL TIER 1 MAXIMUM — Cumulative: Average: acre -feet acre -feet 19,617 196,170 PURCHASE ORDER COMMITMENT— PURCHASE ORDER COMMITMENT — Annual Average: Cumulative: acre -feet 8,086 acre -feet 80,860 Definitions of capitalized terms used in this Purchase Order are provided in Attachment 1. Terms used in this Purchase Order and not defined in Attachment 1 are defined in Metropolitan's Administrative Code. COMMITMENT TO PURCHASE: In consideration of Purchaser's commitment to purchase System Water pursuant to this Purchase Order, Metropolitan agrees to sell such System Water to Purchaser at the Tier 1 Supply Rate in an amount up to the Tier 1 Maximum — Cumulative. All System Water sold to Purchaser in an amount greater than the Tier 1 Maximum — Cumulative shall be sold to the Purchaser at the Tier 2 Supply Rate. In connection with the purchase of System Water, the Purchaser also agrees to pay all other applicable rates and charges, as established by Metropolitan from time to time. The rates and charges applicable to System Water as of the Effective Date are shown in Attachment 2. If Purchaser's applicable System Water purchases during the Term exceed Purchaser's Tier 1 Maximum, Purchaser may elect to: a.) Subject to the provisions of paragraph c) below, pay any Tier 2 Supply obligations at the end of the Term, in an amount equal to the difference between the Purchaser's applicable System Water purchases and the Tier 1 Maximum — Cumulative during the Term times the average of the Tier 2 Supply Rate in effect during the Term: or, b.) pay any Tier 2 Supply obligations, annually as purchases are incurred, in an amount equal to the difference between the Purchaser's applicable annual System Water purchases and the Tier 1 Maximum --- Annual times the Tier 2 Supply Rate in effect during the calendar year. A true -up at the end of the Term will be performed to ensure that the Purchaser has received all Tier 1 Maximum — Cumulative purchases allowed by the Purchase Order. c,) if, after the end of the first five years, Purchaser has accrued a cumulative Tier 2 Supply Rate obligation, Purchaser may elect to pay the initial five year cumulative Tier 2 .I- 5 °ffi System Water provided to the Purchaser under the terms of this Purchase Order shall be subject to reduction in accordance with the shortage allocation provisions of the Water Surplus and Drought Management Plan (the 'WSDM Plan") or other such policies and principles governing the allocation of System Water as adopted by the Board. In the event that Metropolitan's Board determines to reduce, interrupt or suspend deliveries of System Water, any outstanding balance of the Purchase Order Commitment at the end of the Term shall be reduced by the Purchase Order Commitment— Annual Average for each and every fiscal or calendar year that a reduction, interruption or suspension occurred. MISCELLANEOUS: This Purchase Order will be interpreted, governed and enforced in accordance with the laws of the State of California. This Purchase Order will apply to and bind the successors and assigns of the Purchaser and Metropolitan. No assignment or transfer of the rights of the Purchaser under this Purchase Order will be valid and effective against Metropolitan or the Purchaser without the prior written consent of Metropolitan and the Purchaser. If at any time during the Term, by reason of error in computation or other causes, there is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided for under this Purchase Order, which overpayment or underpayment is not accounted for and corrected in the annual re- determination or reconciliation of said charges, the amount of such overpayment or underpayment shall be credited or debited, as the case may be, to the Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit or debit, as the case may be. In no case will credits or debits for charges provided for under this Purchase Order be administered beyond the limit for billing adjustments as specified in Metropolitan's Administrative Code. 5991"4114 Attachment 1 Purchase Order for System Water DEFINITIONS "Act" means the Metropolitan Water District Act, California Statutes 1969, Chapter 209, as amended and supplemented from time to time, "Base Period Demand" means the greater of (i) the Initial Base Period Demand or (11) the five -year rolling average of the Purchaser's System Water purchases, measured on a fiscal year basis. "Effective Date" means the effective date of this Purchase Order as specified above. "Demand" means the Purchaser's purchases of System Water supplies, including full service, seasonal shift, Conjunctive Use Program, Surface Storage Operating Agreement water, Recharge and Recovery Operating Agreement water, or any other water program deemed to be a purchase of water. "Initial Base Period Demand" means the Purchaser's highest annual Demand, as determined by Metropolitan, in: a), any fiscal year during the period from fiscal year 1989190 through fiscal year 2001/02; or b), any fiscal year during the period from fiscal year 2002103 through fiscal year 2013/14. "Metropolitan" means The Metropolitan Water District of Southern California. "Purchase Order Commitment" means: a), if the Purchaser elects option a). under the Initial Base Period Demand, then 60% of the Purchaser's Initial Base Firm Demand as previously calculated by Metropolitan, which Is the highest fiscal year firm Demand during the period from fiscal year 1989/90 through fiscal year 2001102, times 10; or b). if the Purchaser elects option b). under the Initial Base Period Demand, then 60% of the Purchasers highest fiscal year Demand during the period from fiscal year 2002/03 through fiscal year 2013114, times 10, "Purchase Order" means this Purchase Order for System Water. "Purchaser" means the member public agency specified above, a duly organized [city /water district/county water authority] of the State of California. "System" means the properties, works and facilities of Metropolitan necessary for the supply, development, storage, conveyance, distribution, treatment or sale of water. "System Water" means water supplies developed by Metropolitan and delivered to the Purchaser through the System or other means (e.g.. conjunctive use storage). "Term" means the term of this Purchase Order as specified above. N M .4 Attachment 2 Purchase Order for System Water RATES AND CHARGES ,7. 55t:5-T R Effective January 1, 2015 Effective January I, 2016 Tizr l Su 1 Rate ($FAFl 5158 $156 Tier 2 Supply Rate (S/AF) 5290 5290 System Access Rate $1AF) 5257 5259 System Power Rate (SIAF) S126 $ 138 Water Stewardship Rate (SlAF) $41 $41 Full Service Untreated Rate ($/AF): Tier 1 $582 5594 Tier _ $714 $728 Treatment Surcharge (S/AF) 5341 $348 Full Service Treated Rate (VAF): Tier $923 5942 Tier 2 $1,055 $1.076 Readiness -to -Serve Charge (S millions) $158 $153 Ca aci Char e($7ct's) SII,too $10,900 ,7. 55t:5-T R jmf 12/19/16 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN WHEREAS, in accordance with California Water Code section 10912(a)(3), any development that is proposing commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet of floor space requires the preparation and approval of a water supply assessment; and WHEREAS, the proposed County of Orange Civic Center Facilities Strategic Plan is proposing the renovation of approximately 289,360 square feet, demolition of approximately 429,277 square feet, and construction of. approximately 818,676 square feet, for a net increase of 389,399 square feet of new government office buildings; and WHEREAS, the proposed County of Orange Civic Center Facilities Strategic Plan therefore requires the preparation and approval of a water supply assessment pursuant to California Water Code sections 10910 and 10912; and WHEREAS, the City of Santa Ana is the public water system that currently supplies and will supply water to the proposed County of Orange Civic Center Facilities Strategic Plan; and WHEREAS, the projected water demand associated with the proposed County of Orange Civic Center Facilities Strategic Plan was accounted for in the City of Santa Ana 2015 Urban Water Management Plan; and WHEREAS, the findings from the Water Supply Assessment prepared for the County of Orange Civic Center Facilities Strategic Plan show that there is sufficient water supply available for the proposed County of Orange Civic Center Facilities Strategic Plan during normal, single -dry, and multiple dry years within a 20 -year projection to meet the projected water demand of the Project in addition to the demand of existing and other planned future uses, including, but not limited to, agricultural and manufacturing uses. NOW, THEREFORE, BE IT RESOLVFD by the City Council of the City of Santa Ana as follows: Section 1. The Water Supply Assessment for the County of Orange Civic Center Facilities Strategic Plan is hereby approved. Resolutlon No. 2017 -XXX Page 1 of 8 5bb -l2�7 jmf 12/19/16 Section 2. Approval of the Water Supply Assessment by the City does not constitute a "will- serve" or in any way entitles the County of Orange Civic Center Facilities Strategic Plan Project to water service or to any right, priority or allocation in any supply, capacity or facility. Section 3. Approval of the WaterSupply Assessment shall not affect the City of Santa Ana's obligation to provide service to its existing customers or any potential future customers, including this County of Orange Civic Center Project. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this __ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BY: :1__ John M. Funk Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2017. Miguel A. Pulido Mayor Resolutlon No. 2017 -XXX Page 2 of 3 jmf 12/19/16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2017 -XXX Page 3 of 3 55B -130 .l REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: ANNUAL REVIEW AND APPOINTMENT OF REGIONAL BOARD REPRESENTATIVES (STRATEGIC PLAN NO. 5, 1) Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: "24J00715FA ❑ As Recommended ❑ As Amended ❑ ordinance on I "Reading ❑ ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Wearing Far CONTINUEDTO FILE NUMBER 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2017 (or specific term where noted); and, 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors; and, 3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The City Council reviews regional board appointees on an annual basis and can make necessary changes. Attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board (Exhibit 1). For discussion purposes, the following is a list of regional boards and appointing authority. ■ Metropolitan Water District The Metropolitan Water District of Southern California is a regional wholesaler that delivers water to 26 member public agencies — 14 cities, 11 municipal water districts, one county water authority — which in turn provides water to more than 19 million people in Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties. Metropolitan is governed by a 38- member board of directors who represent 65A -1 Annual Review and Appointment of Regional Board Representatives December 20, 2016 Page ,, cif '3 their respective member agencies ensuring each member agency is part of the governance of Metropolitan. A board member is appointed by the majority of the City Council (member does not have to be elected official). ■ Newport Bay Watershed Executive Committee The Newport Bay Watershed Executive Committee (Executive Committee is the successor to the Upper Newport Bay Sediment Control Executive Committee established through a cooperative agreement in the early 1980s. The Executive Committee was formed by amendment of the cooperative agreement in 1999, and now includes in its interests the impairments of Newport Bay caused by nutrients, toxics, and pathogens in addition to sediment, as well as related environmental enhancements. Members of the Executive Committee are elected, appointed, or executive level managers, with one member from each of the signatories to the agreement (the County member, however, represents both the County and the Orange County Flood Control District). The Executive Committee provides strategic direction for environmental enhancement programs in the watershed, advocacy of these programs to the elected /appointed boards of the member organizations, and a forum for discussion of watershed environmental issues. A board member and alternate is appointed by the majority of the City Council. • Orange County Sanitation District (OCSD) Board The Orange County Sanitation District is a wastewater treatment facility that serves Orange County, California. It consists of two operating plants, referred to as Plant No. 1 located in Fountain Valley and Plant No. 2 located in Huntington Beach. It is the third largest wastewater treatment facility west of the Mississippi River. OCSD and the Orange County Water District were awarded the Stockholm Industry Water Award in 2008 for pioneering work to develop with Trojan Technologies the Groundwater Replenishment System, the world's largest water purification plant for groundwater recharge. A board member and alternate are appointed by the majority of the City Council. ■ Orange County Fire Authority (OCFA) The Orange County Fire Authority Board of Directors has twenty -five members and sets policy according to its adopted Rules of Procedures. Twenty -three of the members represent partner cities, and two members represent the county unincorporated area. A board member is appointed by the majority of the City Council. Selection must be authorized by resolution. ■ Transportation System Improvement Authorities - Orange & Tustin (TSIA) Formed in 1990, City of Santa Ana approved a joint authority with the Cities of Orange and Tustin to improve areas of mutual interests. 65A -2 Annual Review and Appointment of Regional Board Representatives December 20, 2016 Page3 of 3 A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. Southern California Association of Governments (SCAG) District #16 An association representing six (6) counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) that works to develop regional plans for transportation, growth management, housing development, air quality and other issues of regional significance. A board member and alternate is appointed by the majority of the City Council. Transportation Corridor Agencies (TCA) — Foothill /Eastern Joint Powers Authority formed in 1986 to design, finance, construct and operate the three Orange County toll roads. The Agency is in the process of merging all toll roads under the direction of one board. A board member and alternate are appointed by the majority of the City Council. Orange County Vector Control: The Orange County Vector Control Board is an independent special district dedicated to controlling rats, mosquitoes, and other disease carrying and public health pests. Activities also include surveillance of vectors and vector -borne diseases, public education services and identification of public health pests. Each Trustee is appointed by the city they represent to serve a two or four year term. A board member and alternate is appointed by the majority of the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. an s� ai Maria D� y . Huizar Clerk of the Council Exhibits: 1. Resolution for OCFA Appointment & List of Current Regional Board Members 65A -3 65A -4 RESOLUTION NO. 2016 -xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2016 -058 AND DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS WHEREAS, the City, as a "member" of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director ( "Director ") to the Orange County Fire Authority's Board of Directors; and, WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint a representative to act as its Directors; and, WHEREAS, the Director shall be a current elected member of the governing body; and, WHEREAS, the Director shall hold office until the selection of a successor by the appointing body; and, WHEREAS, the Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body; and, WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana, California, does hereby: 1. Repeal Resolution no. 2016 -058 in its entirety and 2. Designate and appoint member as a Director to the Orange County Fire Authority Board of Directors. Resolution No. 2016 -xxx 65A -5 Page 1 of 2 PASSED, APPROVED, AND ADOPTED this day of 2016. Miguel A. Pulido, Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 20, 2016. Date: Resolution No. 2016 -xxx Page 2 of 2 Clerk of the Council, City of Santa Ana 65A -6 CITY OF SANTA ANA 2016 REGIONAL BOARD MEMBERS BOARLI CUR RE NT P�$I71O1V MEETINGS;; Cp APENSATIQN I f ENUIfARATION Metropolitan Board Mtgs 2nd Tues of mo. @ Mileage Water District Michele Rep. 12:30 with Cmte mtgs at 8 a.m. and reimbursement Board MWD Martinez also Cmte Mt s 4th Tues all day from MWD Newport Bay Michele Quarterly the 3`d Wednesday from None Watershed Martinez 1:30 -3:00 at Irvine Ranch Water Executive (resigned effective Rep. District, 15600 Sand Canyon Committee December 20, Avenue, Irvine, CA 92618 2016) OC Sanitation Meets once a month on the 4th $212.50/Mtg. Max District * Sal Tinajero Rep. Wednesday at 6 p.m. 6 /Mo. Plus mileage OC Sanitation David Alt. Meets once a month on the 4th $212.50/Mtg. Max District * Benavides Wednesday at 6 p.m. 6 1Mo. Plus mileage OC Vector Control Rep. Meets on 3` Thursday at 3 pm. $100 /Mtg. District 2 ear a ointment Orange County None Council of Michele Meets once a month on the 4th Governments Martinez Rep. Thursday at 11 a.m. Board of Directors OCCOG * Orange County Council of 3rd Thursday of the month from 10:30 Governments Alt. a.m. to 12:00 p.m. at the OCTA Board of Directors Headquarters in Conference Room OCCOG * Orange County Angelica $100 per meeting; Fire Authority Rep. Every Month at 6:30 p.m. max $300 OFCA * Amezcua S.A. /Orange Vicente Rep. T.S.I.A. Sarmiento S.A. /Orange Alt. T.S.I.A. S.A./Tustin Vicente Rep. Meets quarterly, 4th Thurs. at 4 p.m. T.S.I.A. Sarmiento S.A./Tustin Alt. Meets quarterly, 4th Thurs. at 4 p.m. T.S.I.A. Southern $120 /Mtg. Max California Michele District 16 - Meets 1st Thursday of 6 /Mo. Plus mileage from City Hall Association of Martinez Rep each month, 10 a.m. —1:30 p.m. Governments SCAG Michele $120 /Mtg. Max Transportation Martinez Meets on the 2nd Thursday at 9:30 6 /Mo.; Ad Hoc Corridor Agencies (resigned effective Rep. Cmts $120 plus (TCA) * December 20, am Mileage 2016 Transportation Meets on the 2nd Thursday at 9:30 Corridor Agencies Alt. TCA * am 65A -7 65A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: ANNUAL REVIEW OF COUNCIL COMMITTEES AND APPOINTEES {STRATEGIC PLAN NO. 5, 1} I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 19' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Review current list of established Council Committees and make any changes, as needed. 2. Review current list of appointees to Council Committees and make changes, as needed. DISCUSSION On January 22, 2013 the City Council adopted Resolution No. 2013 -002 to restructure the Council Committees and establish five standing committees. The City Council reviews the committees on an annual basis and also members are selected at the time. The following are the committees and members for 2016: 6513-1 11(`,� CH�.EDL�"s3,`x�.. p 3. d5S=Yi Potui"ft^% . ., Fes. m�xNr9c„s.v u%..... Quarterly Development and Transportation •Benavides Jan., April, July, Oct. Committee •Sarmiento* list Thursday, 5:00 p.m. • Amezcua* Bi-Annual Meeting Code of Ethics and Conduct .Tinajero Spring and Fall, Thursday, 5:30 p.m. Parks, Recreation, Education & •Amezcua Quarterly Youth (PREY) • Reyna Jan., April, July, Oct. & Joint Santa Ana Unified School ** • Tinajero* District Council Committee 4th Monday, 5:30 p.m. Public Safety/ Every other Month Neighborhood Improvement /Code " • Benavides* Jan., Mar., May, July, Sept., Nov. Enforcement (NICE) .Tinajero 4th Tuesday, 5:30 p.m. Every other Month Finance, Economic Development • Sarmiento Jan., Mar., May, July, Sept., Nov. and Technology . Martinez* 2ntl Monday, 5:30 p.m. 6513-1 Annual Review City Council Committees January 17, 2017 Page 2 Note: *Chairperson * *Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. The 2017 calendar of standing meetings for all committees is attached for your information. The calendar will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana at various times and as posted on the agenda. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachment: 2017 Calendar of Regular Meetings 65B -2 .nsM 4 t'eE'GSCH�DUL6 >..,n Quarterly • Sarmiento* Mar., June, Sept., Dec. Legislative Committee o Amezcua 4th Wednesday, 12 noon Note: *Chairperson * *Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. The 2017 calendar of standing meetings for all committees is attached for your information. The calendar will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana at various times and as posted on the agenda. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachment: 2017 Calendar of Regular Meetings 65B -2 W 7 d r V N m c Cd C d E 0 U N U c 'o U _a U 0 Q 0 N L; W h V '11' d v Ili 111 N - Ni 2E N O � O 11 a= ® g N 1 v o m ul fV P 111 E w z O � z 111 1 1 i 0 NI I 1 IN M NI I E 11MIRM 0 11,16 Oil UNION MINE u ININNI p III 111101 O P ON 11 11 :11111 IIINNIN 1■ — O MNIWI 111 N (7 O IININI N 111110 1 L; W h V P d v O 111 N - Ni 2E N O � O a= ® g N N v o m ul fV P i Q E w z O � z 111 e 1 i 0 NI I ONNIII c 3 - E ,oMo 0 ; MINE MINE u ININNI p III 111101 O P N 11 IIINNIN — O MNIWI 111 N (7 O N 1 �1 No 11W OININI :11 11111 L; W h V P d v O s� N - Ni 2E N O � O a= ® g N N v o m ul fV P i Q E w z O � z 111 e ry i I ONNIII c 3 - E ,oMo 0 ; MINE u p III N O P N IIINNIN — O L; W h V P d v O s� N - Ni 2E N a F a a= ® g N N v o m N N P i Q E w z O � z 111 e n i I ONNIII c 3 - E ,oMo O ; MINE u p III N N P N L; W h V P d v O s� N - Ni 2E N a F a a= ® g N N v o m N N P i Q E w z O � z UNION e n m I ONNIII c 3 - E ,oMo O ; MINE u p III N N P N IIINNIN L; W - m h R! O N b N O F N N P N h V P d v O s� N - Ni 2E N a F a a= ® g N N v o m N N P i Q E w z O � z m n e n m N c 3 - E ,oMo O ; u p N N P N — O N (7 O N - m h R! O N b N O F N N P N ® a h V N _ E v z s� N - Ni 2E dO � on a F a a= ® g O — v o m N N P i Q E w z O � z m n N n c 3 - O N ® a a o o a 5 t a _ E v z s� E EE - Ni 2E dO � on a F a a= ® g O — v o m ° O n � E d y a i Q E w z O � z m n 0 U U 0 u n 11 ■ ■ a e L .4 `o " o o °o tl 6 0^ a„ u 3 L - � ti S t EB s s v 0 4 v � a ss w � rcp � C O v� w `o a n u U aO E LL Lt m I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: EVALUATION OF OPTIONS CONCERNING POTENTIAL TRANSITION TO A BY- DISTRICT ELECTIONS SYSTEM 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:4 CONTINUED TOO FILE NUMBER Discuss the information and options contained in this report and provide further direction. DISCUSSION At the December 6, 2016 City Council meeting, Mayor Pro Tern Sarmiento, Councilmember Tinajero and former Councilmember Amezcua placed an 85A item on the agenda to consider establishing a by- district elections system in the City of Santa Ana. Council directed staff and the City Attorney to prepare a report addressing the following: 1. Evaluate various municipal election systems, including at -large systems, by- district systems and mixed systems. 2. Evaluate the transition process from the City's existing from district/at -large system to a by- district system. 3. Evaluate the option of holding a Special Election in 2017 to consider the transition to a by- district system. In a from - district election system the city council candidate must reside in a specific election district, but is elected by all voters in the City. This is the current system by which Santa Ana Council Members are elected. In a by- district election system, the city council candidate must reside within an election district that is a divisible part of the city and is elected only by voters residing within that election district. 1. Evaluation of Various Municipal Election Systems A. City of Anaheim By- District with Six Districts and a Mayor elected at- large. 65E -1 As Recommended El As Amended ❑ Ordinance on 1"Reading 0 Ordinance on 20a Reading El Implementing Resolution © Set Public Hearing For CONTINUED TOO FILE NUMBER Discuss the information and options contained in this report and provide further direction. DISCUSSION At the December 6, 2016 City Council meeting, Mayor Pro Tern Sarmiento, Councilmember Tinajero and former Councilmember Amezcua placed an 85A item on the agenda to consider establishing a by- district elections system in the City of Santa Ana. Council directed staff and the City Attorney to prepare a report addressing the following: 1. Evaluate various municipal election systems, including at -large systems, by- district systems and mixed systems. 2. Evaluate the transition process from the City's existing from district/at -large system to a by- district system. 3. Evaluate the option of holding a Special Election in 2017 to consider the transition to a by- district system. In a from - district election system the city council candidate must reside in a specific election district, but is elected by all voters in the City. This is the current system by which Santa Ana Council Members are elected. In a by- district election system, the city council candidate must reside within an election district that is a divisible part of the city and is elected only by voters residing within that election district. 1. Evaluation of Various Municipal Election Systems A. City of Anaheim By- District with Six Districts and a Mayor elected at- large. 65E -1 Evaluation of Options Concerning Potential Transition to By- District Elections System December 20, 2016 Page 2 B. City of Riverside By- District with Seven Districts and a Mayor elected at -large and the Mayor has no voting rights unless to break a tie vote. C. City of Huntington Beach Seven Council Members elected at -large without districts and a Mayor is selected from among the Council Members by the Council Members. D. City of Newport Beach Seven Council Members elected from districts (like Santa Ana) and the Mayor is selected from among the Council Members by the Council Members with a one - yearterm. E. City of Glendale Five Council Members elected at -large and the Mayor is selected from among the Council Members by the Council Members. F. City of Sacramento Eight Council Members elected by district and the Mayor is elected at -large for a four -year term. G. Large Cities in California: Long Beach, San Diego, Los Angeles, etc. These large cities have various election systems with different models involving full - time Council Members in most cases and in some cases City Administrators. Since these cities are not City- Manager forms of government I did not evaluate their election system, but I can if so requested. 2. Process of Transitioning To A By- District System • Must Draft Charter Amendment • Must Develop the Various District Boundaries • Must Decide Whether to Maintain an Elected, At -Large Mayor • Must Have All Election Resolutions Prepared 88 -days Before the Election Date • Must Appropriate or Budget Funds — Estimated $250,000 for the Election 3. Evaluation of Holding a Special Election in 2017 As the City evaluates its options you may be told that the City does not have to submit the question to the voters. This is not accurate because while Governor Brown signed AB 278 into law on September 28, 2016 providing that cities with populations over 100,000 could change their election system by ordinance, without voter approval, this law does not preempt the Santa Ana City Charter. The existing election system is provided for in the City Charter so any changes must be approved by the voters. 65E -2 Evaluation of Options Concerning Potential Transition to Sy- District Elections System December 20, 2016 Page 3 A Special Election may be held in 2017. The Clerk of the Council can provide election schedules and timelines if the Council desires to pursue changes, confirm the possible election dates and discuss how the terms of the existing Counollmembers will work and be implemented, FISCAL IMPACT There is no Immediate fiscal impact at this time In exploring the various options, Sonia R. Carvalho City Attorney 65E -3 65E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: PUBLIC HEARING FOR THE ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGE COUNTY BAR FOUNDATION (STRATEGIC PLAN NO. 2,4) CITY,MAN GER • r r CLERK OF COUNCIL USE ONLY: _O•:• _"k ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act hearing in consideration of issuance of tax - exempt obligations by the California Enterprise Development Authority for the purpose of financing facilities located in Santa Ana, California for the benefit of Orange County Bar Foundation, Inc; and 2. Adopt a resolution approving the issuance of the tax - exempt obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $2,000,000 for the purpose of financing facilities located in Santa Ana, California for the benefit of Orange County Bar Foundation, Inc. DISCUSSION Orange County Bar Foundation, Inc., a California nonprofit public benefit company (the "Foundation "), has requested that the California Enterprise Development Authority (the "Authority ") issue revenue obligations in the maximum principal amount of $2,000,000 (the "Obligations ") for the purpose of making one or more loans to the Foundation, to enable the Foundation to finance the cost of acquisition, construction, development, renovation, furnishing and equipping facilities located at 1605 E. 17th Street, Santa Ana, California 92706 (the "Facilities "). A portion of the proceeds of the Obligations will be used to pay costs of issuance in connection with the financing. Since 1969, the Foundation has operated a wide range of youth and family oriented programs and remained committed to its mission of keeping at -risk youth in school, healthy, and drug -free through education, counseling, mentoring, and family strengthening. The programs range from diversion programs, Shortstop /Programa and Stop Short of Addiction, to academic and career 75A -1 TEFRA Public Hearing for Orange County Bar Foundation January 17, 2017 Page 2 development programs, Higher Education Mentoring and Project SELF, to health education programs, Madres Unidas and Cuidate. The City is an associate member of the Authority, a joint powers agency established by the California Association for Local Economic Development whose purpose is to issue tax - exempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions. The Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California and Internal Revenue Code Section 145 provide for the issuance of tax - exempt "private activity" obligations by a conduit governmental issuer on behalf of a 501(c)(3) corporation to finance facilities used, owned and /or operated by such entity. For interest on such private activity obligations to be tax - exempt, Section 147(f) of the Internal Revenue Code requires, among other things, the obligations and the facilities financed thereby must be approved by both the governmental unit which will issue the obligations (in this case, the Authority) and the governmental unit in which the obligation- financed facilities are located (City of Santa Ana). Further, a public hearing, for which reasonable notice has been given, must be held. This hearing and process is referred to as Tax Equity and Financial Responsibility Act ( TEFRA), after the Tax Equity and Fiscal Responsibility Act of 1982. The assets to be financed with the proceeds of the Obligations are located within the jurisdiction of the City. Therefore, the City has been asked to conduct the public hearing, and to approve the Obligations as the host governmental unit. The City has effectuated proper notice of the hearing via publication at least 14 days in advance. The Obligations will be payable solely from amounts received pursuant to the terms and provisions of one or more loan agreements to be executed by the Authority and the Foundation. The City will not be a party to any loan agreement or any other documents in connection with the issuance of the Obligations. The Obligations will not be secured by any form of taxation or by any obligation of either the City or the Authority. Neither will the Obligations represent or constitute a general obligation of either the City or the Authority. As announced in the published notice, the TEFRA hearing is an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the Obligations to finance the Facilities. There is no requirement that either the Foundation or the City Council respond to any specific comments made or submitted at the hearing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2 — Youth, Education, Recreation, Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). 75A -2 TEFRA Public Hearing for Orange County Bar Foundation January 17, 2017 Page 3 FISCAL IMPACT The City's approval of this financing bears with it no cost or other financial obligation, but serves as a public acknowledgement of the financing and refinancing of the Facilities by the host jurisdiction. Robe C. Corte Deputy City Manager City Manger's Office RC /MM /sb Exhibits: 1. Public Notice 2. TEFRA Resolution 75A -3 75A -4 ORANGE COUNTY REPORTER — SINCE 1921 — 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543 -2027 / Fax(714)542 -6841 ELISABETH LEE KUTAK ROCK 777 S. FIGUEROA ST. SUITE 4550 LOS ANGELES, CA - 90017 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE j ss Notice Type: HRG - NOTICE OF HEARING Ad Description: ORANGE OUNTY BAR FOUNDATION TEFRA NOTICE 2017 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit 12/23/2016 Executed on: 12/23/2016 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Email * A 0 0 0 0 0 4 3 1 3 5 9 7 space for filing stamp only O R #: 2959987 NOTICE OF PUBLIC HEARING plan of finance may either appear in PURSUANT TO SECTION 147(f) person at the time and place indicated OF THE INTERNAL REVENUE CODE above or submit written comments, which OF 1986, AS AMENDED, must be received prior to the Public IN CONNECTION WITH THE Hearing by the Clerk of the City, at City of FINANCING OF FACILITIES Santa Ana, 20 Civic Center Plaza, 8th FROM THE SALE OF TAX- EXEMPT Floor, Santa Ana, California 92701, OBLIGATIONS FOR THE BENEFIT OF ORANGE Date: December 23, 2016 COUNTY BAR FOUNDATION, INC. 12/23/16 OFFICE IS HEREBY GIVEN that at 5:45 OR- 2959987# an and a kitchen along wlth parking. The Borrower will also use a portion of the proceeds of the Obligators to pay certain costs of issuance in connection with the Obligations. The Facilities will be owned and operated by the Borrower in connection with its tax- exempt mission of keeping at -risk youth in school, healthy and drug -free through education, counseling, mentoring, and family strengthening. The Borrower operates several programs to empower youth and families to marks positive choices, building the foundation for a lifetime of opportunity and success. Thase wishing to comment on the issuance of the Obligations, proposed nature and location of the Facilities or the 75A -6 RESOLUTION NO. 2017- xxx RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 TO FINANCE FACILITIES FOR THE BENEFIT OF THE ORANGE COUNTY BAR FOUNDATION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: WHEREAS, the Orange County Bar Foundation, Inc., a California nonprofit public benefit corporation (the "Borrower "), has requested that the California Enterprise Development Authority, a joint exercise of powers agency established pursuant to the laws of the State of California (the "Authority'), issue its tax - exempt obligations, from time to time pursuant to a plan of finance (the "Obligations "), in an aggregate principal amount not expected to exceed $2,000,000, for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act'), for the purpose of making one or more loans to the Borrower to finance the cost of acquiring, constructing, installing, improving, equipping and furnishing the real property and improvements located at 1605 E. 17th Street, Santa Ana, California 92706 (collectively, the "Facilities "); and xxx WHEREAS, a portion of the proceeds of the Obligations will be used to pay the costs of issuance in connection with such financing and other related costs; and WHEREAS, the Borrower is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code ") and will own and operate the Facilities in connection with its mission of keeping at -risk youth in school, healthy and drug -free through education, counseling, mentoring, and family strengthening; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the Facilities are located within the territorial limits of the City of Santa Ana (the "City "), and the City Council of the City (the "City Council ") is the elected legislative body of the City and is the "applicable elected representative" required to approve the issuance of the Obligations under Section 147(f) of the Code; and WHEREAS, the City is an associate member of the Authority; and WHEREAS, the issuance of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party; and F, iI,BIT WHEREAS, the Authority and the Borrower have requested the City Council to approve the issuance of the Obligations in order to satisfy the public approval requirements of Section 147(f) of the Code; and WHEREAS, a public hearing was held by the City Council on this 17'" day of January, 2017, at the meeting which commenced at the hour of 5:45 p.m., in the City Hall Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701, following duly published notice thereof in a newspaper of general circulation in the City of Santa Ana, on December 30, 2016, and all persons desiring to be heard have been heard; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose,, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) ( "CEQA "); NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds and declares the above recitals are true and correct; and, be it further resolved as follows: Section 1. The City Council hereby finds and determines that all of the recitals are true and correct. The City Council, as the "applicable elected representative" of the governmental unit on behalf of which the Obligations will be issued and having jurisdiction over the area in which the Facilities are located, hereby approves the issuance of the Obligations by the Authority, which Obligations may be tax - exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $2,000,000 to finance the cost of the Facilities. This Resolution shall constitute "issuer" approval and "host" approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purposes, including compliance thereof with CEQA, nor does it constitute an approval of the underlying credit or financial structure of the Obligations. The City shall not bear any responsibility for the issuance of the Obligations, the tax - exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and otherwise to effectuate the purposes of this Resolution. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (a) provide any financing for the Facilities; (b) approve any application or request for or take any other action in connection with any planning approval, permit or 2 75A -8 other action necessary for the acquisition, construction, rehabilitation or operation of the Facilities; or (c) make any contribution or advance any funds whatsoever to the Authority. Section 4. This Resolution shall take effect from and after its adoption. ADOPTED this _ day of January, 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorgey Ryan C Assista AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on January , 2017. Date: Clerk of Council City of Santa Ana 75A -9 75A -10