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Home My WebLink About FULL PACKET_2017-08-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None AUGUST 1, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:30 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:34 P.M.) MICHELE MARTINEZ, Mayor Pro Tem VICENTE SARMIENTO JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: P. DAVID BENAVIDES SAL TINAJERO STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:31 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: • Brandon Sontag v. City of Santa Ana, Orange County Superior Court, Case No.: 30-2017-902039 CITY COUNCIL MINUTES 1 AUGUST 1, 2017 10A-1 • Nicole Quijas v. City of Santa Ana, Orange County Superior Court, Case No.: 30-2016-850502 • Santa Ana Police Officers Association v. City of Santa Ana, Orange County Superior Court, Case No.: 30-2015-00801604 • Maria Quintanilla v. City of Santa Ana, US District Court, Case No. 8:16- cv-01400-JLS (JCx) 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: • Israel Garcia v. City of Santa Ana; Workers' Compensation Appeals Board case #Unassigned • Joseph Russo v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ10352000 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION pursuant to Section 54956.9(d)(4) of the Government Code: One case 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT -. See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:29 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 AUGUST 1. 2017 10A-2 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:34 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem VICENTE SARMIENTO JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: P. DAVID BENAVIDES SAL TINAJERO STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO HEATHER RILEY, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PRO TEM MARTINEZ to Mark R. Lawrence naming August 1 st as Mark R. Lawrence Day. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to CalOptima for their outstanding outreach in the Latino community. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Santa Ana Building Award Recipients: Carlos Aguilar; Peter Chang; Gonzalo Garcia; Captain Stephen Horner; Dr. Susie Lopez -Guerra; Mario Morales; Patty Perales Huerta-Meza; Father Edward Poettgen; Santa Ana Healthy Neighborhoods Alliance; Luis Sarmiento; Shawn Smith; Trisha Torres; and Rose Wolfrum. CITY COUNCIL MINUTES 3 AUGUST 1, 2017 10A-3 PROCLAMATION presented by COUNCILMEMBER VILLEGAS to Maria Fierro and Kerith Dilley for their work on an initiative to establish support for domestic violence services in Orange County. CLOSED SESSION REPORT - See item 19A for any reportable actions PUBLIC COMMENTS • Richard Garcia, spoke on Agenda Item 11B, proposed staff draft an ordinance be prepared after meeting with vendors — option to include weekend food event among other concessions. • Carmen, also spoke on Agenda Item 11 B, overall concerned with lack of regulations. o Councilmember Sarmiento, requested that issues brought forth by speaker be addressed and discussed in revised ordinance; reconcile with brick and mortar businesses. • David Carbajal, spoke on Agenda Item 23A, opposed to displacement of residents and businesses of proposed project. • Gil Salmon, addressed the City Council on Agenda Item 23A, commented on traffic calming; important to create safe crossing zones; also Vision Plan needs to include bicycle infrastructure and neighborhood parks. • Gaby Hernandez, opposed to Vision Plan and constructing multi-level businesses - currently single story buildings with mom and pop businesses, as proposed through Agenda Item 23A. • Alan Woo, member of Artesia Pilar Neighborhood Association, supports Agenda item 29A; funding used for gang diversion and beautification efforts. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 29A, with the following modifications: • Mayor Pro Tem Martinez, pulled Agenda Items 11A, 11B, 19D, 19E, 19F and 23A for separate action. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Benavides, Tinajero (2) CITY COUNCIL MINUTES 4 AUGUST 1, 2017 10A-4 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. APPROVE MINUTES OF THE REGULAR MEETING HELD JULY 5, 2017 {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. ORDINANCE SECOND READING: REPEALING AND RE-ENACTING WATER AND SEWERS FEES PURSUANT TO SECTIONS OF SANTA ANA MUNICIPAL CODE CHAPTER 39 {STRATEGIC PLANO NO. 5, 1) — Clerk of the Council Placed on first reading at the July 5, 2017 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 21, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2921 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN THEIR ENTIRETY ARTICLES I, II, III, AND V OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND SEWERS AND AMENDING RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF THE SANTA ANA MUNICIPAL CODE MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Pulido, Sarmiento, Solorio, Villegas (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) CITY COUNCIL MINUTES 5 AUGUST 1, 2017 1OA-5 'Mayor Pulido, declared a potential conflict of interest because of his family's business affiliation and recused himself from deliberation of said item. He left the dais and did not participate in matter. Mayor Pro Tem Martinez assumed the Chair and presided over matter. 11B. ORDINANCE SECOND READING: REPEAL EXISTING PROVISIONS THAT ARE IN NON-COMPLIANCE WITH STATE CODE REGARDING MOBILE FOOD VENDING VEHICLES: ARTICLE XIV OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE {STRATEGIC PLANO NO. 5, 11 — Clerk of the Council Placed on first reading at the July 5, 2017 City Council meeting and approved by a vote of 5-1 (Pulido abstained and Martinez dissented). Published in the Orange County Reporter on July 21, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2922 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63) AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE SECTIONS 36-700 THROUGH 36-720) MOTION: Villegas SECOND: Sarmiento VOTE: AYES: Martinez, Sarmiento, Solorio, Villegas (4) NOES: None (0) ABSTAIN: Pulido(1) ABSENT: Benavides, Tinajero (2) BOARDS / COMMISSIONS / COMMITTEES 13A. RECEIVE AND FILE COUNCIL COMMITTEE AGENDAS AND MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Economic Development Infrastructure, Budget and Technology Committee — Cancellation 7/10/17 CITY COUNCIL MINUTES 6 AUGUST 1, 2017 10A-6 Public Safety, Code Enforcement and Neighborhood Empowerment Committee 7/11/17 Legislative Affairs, Ethics and Transparency Committee 7/19/2017 13B. APPOINT VINCE FRAZIER AND GILBERT VASQUEZ TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL-TERM EXPIRING DECEMBER 15, 2020 AS THE TENANT AND SENIOR TENANT REPRESENTATIVES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Vince Frazier and Gilbert Vasquez for an appointment to the Community Redevelopment and Housing Commission for the vacant Tenant Commissioner seat (Frazier) and vacant Senior Tenant Commissioner seat (Vasquez); nominated by the Community Development Agency. 13C. APPOINT ISURI RAMOS TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 9, 2018 AS THE WARD 2 REPRESENTATIVE (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Isuri Ramos for an appointment to the Community Redevelopment and Housing Commission for the Ward 2 seat (repalces A. Garcia). 13D. APPOINT SHIRLEY KIMBERLY MEUNIER TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 9, 2018 AS THE WARD 6 ALTERNATE REPRESENTATIVE (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Shirley Kimberly Meunier for an appointment to the Youth Commisison as an Alternate Member for the Ward 6 seat (repalces M. German). FINAL TRACT MAP NOTIFICATIONS 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. RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL PARCEL MAP NO. 2014-141 BY CITY ENGINEER (1615 WEST POMONA STREET) (STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 7 AUGUST 1, 2017 10A-7 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements as follow: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Maria Quintanilla v. City of Santa Ana, US District Court, Case No. 8:16- cv-01400-JLS (JCx); settlement in the amount of $450,000 by 5-0 vote (Benavides and Tinajero absent) (AGMT NO. 2017-181) 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: • Israel Garcia v. City of Santa Ana; Workers' Compensation Appeals Board case #Unassigned; settlement in the amount of $9,800 plus future medical by 4-0 vote (Pulido absent; and Benavides and Tinajero absent) • Joseph Russo v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ10352000; settlement in the amount of $26,000 by 4-0 vote (Pulido absent; and Benavides and Tinajero absent) 19B. EXCUSED ABSENCES — Clerk of the Council MOTION: Excuse the absence of Councilmembers Benavides and Tinajero from said meeting. 19C. RECEIVE AND FILE QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 FOR APRIL THROUGH JUNE {STRATEGIC PLAN NO. 4, 11 — City Manager's Office MOTION: Receive and file. 19D. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JULY 2017 {STRATEGIC PLAN NO. 5, 1) — Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 8 AUGUST 1, 2017 10A-8 19E. 19F MOTION: Martinez SECOND: Pulido VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento, Tinajero (3) RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORT FOR JUNE 2017 {STRATEGIC PLAN NO. 5, 11 — City Manager's Office MOTION: Receive and file. MOTION: Martinez SECOND: Villegas VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) RECEIVE AND FILE ARTS AND CULTURE COMMISSION ANNUAL REPORT (STRATEGIC PLAN NO. 5, 11 — Community Development Agency MOTION: Receive and file. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) CITY COUNCIL MINUTES 9 AUGUST 1, 2017 10A-9 SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC NO. 17-040 - INSTALL ENERGY-EFFICIENT LIGHTING FIXTURES AND EXECUTE AGREEMENTS FOR ON -BILL FINANCING LOANS (STRATEGIC PLAN NO. 6, 2A) — Finance and Management Services Agency MOTION: 1. Authorize a one-time purchase and payment of purchase order to Foddrill Construction to provide and install energy-efficient lighting fixtures at the Civic Center parking garage and Stadium in an amount not to exceed $105,234.96, which includes a 10% contingency, 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 Southern California Edison (SCE) to provide a maximum $92,077.83 in no -interest On -Bill Financing (OBF) loans and $15,001.88 in incentives to fund Spec. No. 17-040 subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 17-071 - AWARD BLANKET PURCHASE ORDER CONTRACTS FOR WATER RESOURCES CONTROL PANELS {STRATEGIC PLAN NO. 6, 2B) — Finance and Management Services Agency MOTION: Award blanket purchase order contracts for water resources control panels for a one-year period expiring July 30, 2018, with provisions for three one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $75,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location ACS Engineering Inc. Irvine Industrial Control Systems Online, Inc. Ripon KDC Inc. dba Dynalectric Los Alamitos 22C. SPEC. NO. 17-070 - CONTRACT AWARD FOR REPLACEMENT OF SPORTS LIGHTING AT VARIOUS PARKS {STRATEGIC PLAN NO. 6, 1 B) — Finance and Management Services Agency MOTION: Authorize a one-time purchase and payment of purchase order to ACM Lighting Services for the replacement of sports lighting at various CITY COUNCIL MINUTES 10 AUGUST 1. 2017 10A-10 parks in the amount of $39,655 plus a 10% contingency of $3,966 for a total amount not to exceed $43,621, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS / CHANGE ORDERS 23A. APPROVE ENGINEERING CONSULTING SERVICES AGREEMENT FOR THE SOUTH MAIN STREET CORRIDOR IMPROVEMENTS (PROJECT NO. 17- 9001) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley-Horn for a two-year term beginning August 2, 2017, and expiring on August 1, 2019, with the option for the City to grant up to two one-year renewal options, to provide engineering consulting services for the South Main Street Corridor Improvements project, in the total amount of $770,485, which includes a five (5) percent contingency for design in the amount of $36,690, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS SECOND: Sarmiento Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Benavides, Tinajero (2) 25A. APPROVE ON-CALL CONSULTANT AGREEMENT FOR ENVIRONMENTAL SERVICES {STRATEGIC PLAN NO. 5, 4) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an on-call consultant agreement for environmental services with Rincon Consultants, Inc. for a three-year term beginning on August 1, 2017, and expiring on July 31, 2020 in the amount of $200,000, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2017-182) 25B. APPROVE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR SALES AND DISTRIBUTION OF RECYCLED WATER (STRATEGIC PLAN NO. 4, 1 & 5, 2) — Public Works Agency CITY COUNCIL MINUTES 11 AUGUST 1, 2017 10A-11 MOTION: Approve an agreement with Orange County Water District for sale and distribution of recycled water in the City of Santa Ana for a period of thirty years ending June 30, 2047. (AGMT NO. 2017-183) 25C. APPROVE AGREEMENT FOR ON-SITE PROJECT AND FISCAL GRANT MANAGEMENT SERVICES (NON GENERAL FUND) {STRATEGIC PLAN GOAL NO. 1, 361 — Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a one-year professional services agreement with Willdan Homeland Services, an operating division of Willdan Group, Inc. for on-site project and fiscal grant management services, for the period beginning September 1, 2017 and ending August 31, 2018, with a one-year renewal option, in an annual amount not to exceed $140,000, subject to non - substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2017-184) 25D. APPROVE JOINT USE AGREEMENT FOR SEWERAGE FACILITIES WITH THE GARDEN GROVE SANITARY DISTRICT [NON -GENERAL FUND] (STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreement with the Garden Grove Sanitary District, subject to non - substantive changes approved by the City Manager and City Attorney, for the joint use of sewerage facilities. (AGMT NO. 2017-185) MISCELLANEOUS BUDGETARY ITEMS 29A. APPROVE DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) — City Council MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to non -substantive changes approved by the City Manager and the City Attorney, as follows: 1. AltaMed Health Services Corp to support their annual free health screening and resource event, in the amount of $500 (Mayor Pro Tem Martinez); 2. Charitable Ventures of Orange County to support the Heninger Park Neighborhood Association Summer Street Fair event, in the amount of $320 (Mayor Pro Tem Martinez); CITY COUNCIL MINUTES 12 AUGUST 1, 2017 10A-12 3. Community Engagement Inc. to support two introductory Coding workshops at the Garfield Community Center, in the amount of $1,500 (Mayor Pro Tem Martinez); 4. Orange County Children's Therapeutic Arts Center to support the Youth Employment Program in the amount of $500 (Mayor Pro Tem Martinez); 5. American Youth Soccer Organization Region 517 to support the All-Star League of Championships Playoffs in winter of 2017, in the amount of $1,000 (Councilmember Solorio); 6. Casa de la Familia to support the on-going mental health services, in the amount of $500 (Councilmember Solorio); 7. Hispanic 100 Foundation to support the Youth and Government program's on-going activities, in the amount of $1,500 (Councilmember Solorio); 8. Morrison Park Neighborhood Association's to support the neighborhood summer event and movie night, in the amount of $1,000 in city service credit (Councilmember Solorio); 9. AltaMed Health Services Corp to support their annual free health screening and resource event, in the amount of $500 (Councilmember Benavides); 10.Charitable Ventures of Orange County to support Artesia Pilar Neighborhood Association's summer event, in the amount of $1,000 (Councilmember Villegas); 11.Charitable Ventures of Orange County to support Santa Anita Neighborhood Association's movie night event, in the amount of $1,000 (Councilmember Villegas); 12. Santa Anita Neighborhood Association to support the Cesar Chavez Campesino Park Graffiti Paint Out and Community Clean Up event, in the amount of $500 in city service credit (Councilmember Villegas). 13.Templo Calvario Community Development Corporation to support the Love Santa Ana initiative to beautify the Santa Anita Park, in the amount of $2,000 (Councilmember Tinajero) **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 13 AUGUST 1, 2017 10A-13 OATH OF OFFICE ADMINISTERED BY CLERK OF THE COUNCIL TO SHIRLEY KIMBERLY MEUNIER AND VINCE FRAZIER. BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION SUPPORTING THE CALIFORNIA WATERFIX AND CALIFORNIA ECORESTORE PROJECTS {STRATEGIC PLAN NO. 5, 2) — Public Works Agency Councilmember Solorio, commented on need for sustainable water and work with the resources. MOTION: Adopt a resolution. RESOLUTION NO. 2017-053- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF THE CALIFORNIA WATERFIX AND CALIFORNIA ECORESTORE PROJECTS MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Benavides, Tinajero (2) 5513. ADOPT A RESOLUTION SUPPORTING DEVELOPMENT AND GROWTH OF WORKER COOPERATIVES IN SANTA ANA {STRATEGIC PLAN NO. 3, 1) — Community Development Agency The following spoke on the matter: • Alan Woo, supports proposal; allows for employment opportunities. • Madeleine Spencer, opined that economic pathway established with this and similar initiatives. • Esther Hernandez, Manos Unidas Creando Arte, supports proposal - assist displaced workers in the community. • Luz Maria Martinez, request support for resolution, will allow cooperative members to be self-sufficient, strengthen families and assist the economy. CITY COUNCIL MINUTES 14 AUGUST 1, 2017 1 OA -14 • Carlos Melendez, member of cooperative, expressed support for colleagues; proposal will assist those wanting to start a business and create new opportunities for many. • Ana Urzua, Director of Santa Ana Building Healthy Communities coalition, commended the City Council for considering cooperatives matter; have been successful across the country; investment in the community, local economy, building community wealth, also other cooperatives already exist in Santa Ana that are by the coalition; presented letter of support from CIELO for the record. Council discussion ensued. Mayor Pro Tem Martinez, expressed strong support for Worker Cooperatives; requested 90 day continuance. Councilmember Solorio, thanked staff and City Council for brining matter forward; as City develops new process to allow for implementation creativity; want all Cooperatives to succeed; profit sharing concept to be supported and also legitimize the underground businesses. Councilmember Sarmiento, noted that proposal recognizes the entrepreneurial businesses that already exists in our community; encouraged communication and outreach to other members of our community about cooperative. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING DEVELOPMENT AND GROWTH OF WORKER COOPERATIVES IN SANTA ANA 2. Direct staff to evaluate and provide recommendations on how the City can incentivize and assist in enabling the formation of worker cooperatives. 3. Direct staff to meet with the community, agendize for discussion at the council committee level and bring back to the City Council within 90 days. MOTION: Martinez SECOND: Solorio VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 15 AUGUST 1, 2017 10A-15 ABSENT: Benavides, Tinajero (2) REPORTS 'Mayor Pulido, declared a potential conflict of interest and recused himself from deliberation of said item. He left the dais and did not participate in matter. 65A. UPDATE ON SANTA ANA JAIL REUSE STUDY AND DISCUSSION ON PRIORITIZATION FOR REUSE OPTIONS {STRATEGIC PLAN NO. 1, 5} — City Manager's Office Interim City Manager Kurtz, introduced matter. Consultant presented the Reuse Study: PROJECT STATUS REPORT Rating Scale: VANIR 0 — Extremely Inadequate I — Inadequate SUMMARY EVALUATION RATING CITY COUNCIL MINUTES 16 AUGUST 1, 2017 10A-16 I % Percent Scope of Work Complete Task I: Review of Issues and Reconfirm Objectives 100% Task 2: Collection and Analysis of Data 100% Task 3: Review of the jail 100% Task 4: Workshop 75% Task 5: Identify and Analyze jail Reuse Options 25% Task 6: Final Report 35% Rating Scale: VANIR 0 — Extremely Inadequate I — Inadequate SUMMARY EVALUATION RATING CITY COUNCIL MINUTES 16 AUGUST 1, 2017 10A-16 BUILDING SPACE/SYSTEMS CONDITION QUALITY EVALUATION RATINGS Evaluation RatingslFunctional Use Area l I 1 2 1 3 4 1 S 1 6 1 7 8 9 1 10 II 1 12 1 13 Ig 'AVG Space 1.8 3.0 1.5 1.8 3.0 1.8 3.0 3.00.8 2.8 1.8 3.0 1.8 . 30 1 3.3 AC 2.8 2.8 28 28 2.8 3.8 2.8 28 2.8 3.8 2.8 2.8 2B 1.8 2.8 %umb 1.5 1.5 IS IS IS 1.5 IS IS 1.5 1.5 IS 1.5 1.5 IS I.5 1.8 28 28 28 2.8 z8 28 1A 1.8 1.8 2.8 28 28 2.8 28 ona Col3vol 3.0 28 28 3.0 2S 25 23 27 3.0 3.0 2.8 23 3.0 3.0 3.7 Fla Witty 23 28 28 28 28 z8 2A 2A 2A z8 2,8 28 28 2A 28 H_ andlcapped/ADA 3.0 3.0 28 1.8 Le 20 1.8 28 28 2S 2-0 3.0 28 3.0 25 wcomes 3.0 3.0 3.0 3A 3.0 3.0 3.0 3111 3.0 3.0 3.0 23 3A 3.0 3.0 3.0 3A 3.0 3.0 3A 3.0 30 3A IA 34 23 3.0 3.0 3.0 29 242 233 Budding/ System Raun3 Sale: 0-Exia e7eadieli I-Inadryuaw:2-Adequase3- EavenalyAdagum. il,e?,m,oe�s 1. rarei,emor r• gal u-ases as 11(1)4Wnrvmxron 7)LnaGy/RWIK.(3) Voetun(4) Carla' Call.(31 Alvin/ Rxa9er LNMIoI FCN cq: ,g„pry M)losk./RW..(9) MWcel/ iWn,lni INN., (10) lona! Finesisseml(11) W.'I hr .c'xo 113, 0".. 01.11 Ronearm vans ane 00 Lkmcle Sa11y Temporary Jail Holding Facility Type II Jail With City Personnel Type II Jail Without City Personnel CDCR Transitional Reentry Facility 4 - Contract Jail to Orange County Sheriff - Contract Jail to Federal Bureau of Prisons - Mental Health Facility - Data Center - Police Evidence Storage - Homeless Shelter -Youth Hostel - Hotel CRIMINAL JUSTICE DETENTIO N REUSE OPTIONS OUT OF THE BOX REUSE OPTIONS CITY COUNCIL MINUTES 17 AUGUST 1, 2017 10A-17 Estimated Financial Investment - EstimatedYperational Costs CITY COUNCIL OPTION ASSESSMEN T CRITERIA CITY COUNCIL PRIORITY RANKING ■ Santa Ana City Council to rank Option Assessment Criteria for each of the Reuse Option Plans presented. The following spoke on the matter: • Madeleine Spencer, opposed to use of facility as jail; study should consider funding generating options. • Roberto Herrera, opposed to detention center and criminalization of residents; model should offer reentry and social services. • Jan Meslin, Director of Social Change Development for Civic Community Initiatives for Visiting Immigrants In Confinement; national non-profit that supports abolishing the US immigration detention system; opined that full study should be considered before a temporary decision approved. • Faby Jacome, Program Coordinator for Orange County Immigrant Youth United, opposed to short term agreement with US Marshal's; encouraged postponing decision and community input. • Daisy Ramirez, Jails Project Coordinator of the American Civil Liberties Union "ACLU" of Southern California; spoke in opposition to Agenda Items 65A and 65C, opined that findings assessments were inadequate and deficiencies that cannot be properly assessed by consultant and makes CITY COUNCIL MINUTES 18 AUGUST 1, 2017 10A-18 certain assumptions such as full rate of capacity that may skew findings; City to prioritize needs of community. Council discussion ensued. Councilmember Villegas, supports continuation of comprehensive study by Veneer; agreement with US Marshalls will assist City financially as the City awaits findings. Councilmember Sarmiento, thanked staff for repurpose study; scope of work notes that 3 of the 6 tasks have been completed; need community outreach and residents and stakeholders to opine on long term possibilities; conditions of the jail including inmates to be assessed; would have liked more detail n short and long term options for facility; speed up review process. Interim City Manager Kurtz, noted that Veneer was contracted in April; if items presented before the City Council tonight are approved should be able to produce a more robust study; community outreach will be added to the scope. Councilmember Solorio, agree with comments by Councilmember Sarmiento; propose a variety of outreach; reuse of facility may be cumbersome and expensive, but short term uses may include partnership with CDCR and offering reentry programs; understand current contracts. Mayor Pro Tem Martinez, position has not changed; concerned with making any unsustainable decisions or be dependent on Federal or State government; report presented finds that facility is not ADA compliant; core responsibility of the City is to provide services not revenue generator. 65B. APPROVE AGREEMENT TO REPLACE PIPES FOR POLICE DETENTION FACILITY DOMESTIC HOT WATER RETURN LINE SYSTEM (STRATEGIC PLAN NO. 6, 2A) — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with T.Us By Design to replace pipes for Police Detention Facility domestic hot water return line system in an amount not to exceed $150,000 inclusive of a $6,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2017-186) MOTION: Solorio VOTE: AYES NOES: SECOND: Villegas Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) CITY COUNCIL MINUTES 19 AUGUST 1, 2017 10A-19 ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) 65C. APPROVE TERMS AND CONDITIONS FOR PROPOSED ADDITIONAL BED SPACE WITH THE US MARSHAL'S (STRATEGIC PLAN NO. 1, 4A) — Police Department MOTION: Approve terms and conditions with US Marshal's for an additional 173 beds for a two-year period and provide direction to staff to return on August 15, 2017 with the necessary budget and staffing plan. MOTION: Villegas SECOND: Solorio VOTE: AYES: Pulido, Sarmiento, Solorio, Villegas (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) 65D. SPEC. NO. 17-063 - AUTHORIZE PURCHASE OF PRISONER TRANSPORT VAN (SURPLUS ALLOCATION FUNDING) {STRATEGIC PLAN NO. 6, 2) — Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for the purchase of one prisoner transport van in the amount of $46,485 plus a contingency of $1,000 for a total amount not to exceed $47,485, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Villegas SECOND: Pulido VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) 65E. SUPPORT FOR CALIFORNIA SENATE BILL 4 (MENDOZA) REGARDING THE CALOPTIMA BOARD COMPOSITION — City Manager's Office CITY COUNCIL MINUTES 20 AUGUST 1, 2017 1 OA -20 On July 19, 2017, the Legislative Affairs, Ethics and Transparency Committee voted for a support position for California Senate Bill 4 authored by Senator Mendoza. Acting Assistant to the City Manager, Jorge Garcia, provided update on recent decisions by the Orange County Board of Supervisors as it relates to the Cal Optima Board; Proposed bill moving forward although Board of Supervisors decided to hold off on any decisions until January of 2018. Councilmember Sarmiento, expressed support for legislation that will retain the current composition of the CalOtima Board. Councilmember Solorio, thanked Councilmember Sarmiento for brining matter forward; support inclusion of board member that would more closely exemplify the recipients. MOTION: Support the Council Committee's recommended position. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARING SECOND: Martinez Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Benavides, Tinajero (2) 75A. PUBLIC HEARING — ADOPT A RESOLUTION ESTABLISHING FEES IN ACCORDANCE WITH SECTION 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND SEWERS FOR FISCAL YEAR 2017-2018 (STRATEGIC PLAN NO. 4, 1) — Public Works Agency Legal Notice published in the Orange County Reporter on July 21 and 28, 2017. Mayor Pulido opened the Hearing. There were not speakers and the Hearing closed. Mayor Pro Tem Martinez, asked when fees go into effect; noted that City approved bonds; proposal is cost recovery. Executive Director of Public Works, Fred Mousavipour, noted that rate adjustment fees went into effect three years ago; proposal is routine fees for CITY COUNCIL MINUTES 21 AUGUST 1, 2017 1 OA -21 cost recovery purposes such as application fees, installation etc.; fees in general are currently being studied. Councilmember Solorio, asked if proposed action was restating fees or if any are being increased. Water Resources Manager, Nabil Saba, indicated that most are restated, but some fees were authorized pursuant to the Ordinance that was introduced at the previous City Council meeting and approved at tonight's City Council meeting. MOTION: Adopt a resolution. RESOLUTION NO. 2017-055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES IN ACCORDANCE WITH SECTION 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND SEWERS MOTION: Sarmiento SECOND: Villegas VOTE: AYES: Martinez, Pulido, Sarmiento, Solodo, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Tinajero (2) RECESSSED CITY COUNCIL MEETING AT 9:26 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:27 P.M. Mayor Pulido left the meeting at 9:27 p.m. and did not return. COMMENTS PUBLIC COMMENTS • Brooke Weitzman, spoke on homeless situation in the Civic Center area. • Lizzie M. Lyes, resident of Central City Neighborhood Association, supports banning fireworks in the City; safety concern. • Barbara Lamere, concerned with use of Centennial Park by college district. CITY COUNCIL MINUTES 22 AUGUST 1. 2017 1 OA -22 • Gilbert Zamora, Jr., spoke on traffic and speed concerns around Saint Joseph Church area (Minter and Civic Center Drive); also read letter from Father Efrain Flores who supports installation of a traffic light on Lacy Street. • Madeleine Spencer, commented on place -making efforts; supports use unconventional strategies to find solutions on various issues throughout the City. 90A. CITY MANAGER'S COMMENTS Interim City Manager Kurtz, noted that body -cameras to be implemented in September; and invited all to attend the monthly Art Walk. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Noted that worthy discussion held on jail facility; repurpose study concurrent with stop gap contract; allow for long-term decisions once study finalized; smart cities and wealth creation for residents is important, but need resources for now to provide other services. Councilmember Solorio: • Attended Wilshire Square Neighborhood Association Summer Concert — congratulated organizers; • Commented on Workers Cooperative matter staff to review business license fees and perhaps create more categories; fee study should include these fees; • Historic Resources Commissioner indicated that lapse of historic registry fees have created a back -log; consider continuance for 3-6 months to process applications; and • Thanked Councilmember Villegas for bringing attention to issue of domestic violence; family violence center is solid idea. Councilmember Villegas: • Attended Wilshire Square Neighborhood Association's Summer Concert; well attended and enjoyable event; and • Thanked Orange County Fire Authority personnel for properly handling incident involving fentanyl. Mayor Pro Tem Martinez: • Henninger Park Neighborhood had successful event — bike rodeo; • Wilshire Square Summer Concert was great success; • Economic Strategic Plan to be brought back to City Council for consideration; requested updated o Interim City Manager Kurtz, indicated that Plan needs to be updated since City has taken on new initiatives that are not included. CITY COUNCIL MINUTES 23 AUGUST 1, 2017 1 OA -23 • Commented on council donations, - August 19 and 26 will host Coding event — invite all to participate; • SCAG is doing pilot in partnership with Wallace on business data; support data analytics and power in decision making abilities; and • Adjourned in memory of Hortencia Urquiza and Jerry Clay Ayres. ADJOURNMENT- 10:01 P.M. - The next meeting of the City Council is scheduled for August 15, 2017 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn Meeting in Memory of Hortencia Urquiza and Jerry Clay Ayres Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Labor Contracts CITY COUNCIL MINUTES 24 AUGUST 1, 2017 1 OA -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPOINTMENT OF DENNIS VARNUM TO THE WORKFORCE DEVELOPMENT BOARD REPRESENTING EMPLOYMENT DEVELOPMENT DEPARTMENT {STRATEGIC PLAN NO 5, 1} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint Dennis Varnum, Employment Program Manager III - Santa Ana Cluster Manager, to represent the Employment Development Department on the Workforce Development Board replacing Rob Claudio for a partial term expiring June 30, 2019. WORKFORCE DEVELOPMENT BOARD ACTION At its special meeting on July 26, 2017, by a vote of 4:0 (Perez and Sanchez absent) the Workforce Development Executive Committee approved the recommended action: DISCUSSION Resolution 2016-031 was adopted by the Santa Ana City Council establishing the Santa Ana Workforce Development Board (WDB). In accordance with federal legislation, a majority of the board must come from the private sector with the remaining members representing education, organized labor, government, economic and community development organizations. Recently, Mr. Rob Claudio tendered his resignation to the WDB (Exhibit 1) and submitted a nomination letter for Mr. Dennis Varnum, Employment Program Manager III, to replace him as the Employment Development Department representative on the Workforce Development Board (Exhibit 2). Mr. Varnum has expressed an interest and has confirmed that he can make the time commitments necessary to serve on the board. 13A-1 Appointment of Dennis Varnum Representing Employment Development Department August 15, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval assists the City in meeting 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 Obert C. Cortez Acting Executive Director Community Development Agency RCC/DS/If Exhibit: Nomination Letter —Dennis Varnum 13A-2 (allhvmia laborand Workforce f>evelol,>rrrenl Agency Employment Development EDDD.epar I In en state of California June 13, 2017 Deborah Sanchez Community Development Agency Economic Development Division/Santa Ana WDB 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Dear Ms. Sanchez, r� AOO44 Echnund G. Brown Ir. Governor t JUP] 1 Due to my impending resignation from the Santa Ana Workforce Development Board on June 30, 2017, the Employment Development Department (EDD) nominates Dennis Varnum, Employment Program Manager III — Santa Ana Cluster Manager, as the EDD's representative on the Santa Ana Workforce Development Board. As the Santa Ana Cluster Manager, Dennis is directly responsible for the budget and staffing of three America's Job Centers of California (AJCC) located at the Santa Ana WORK Center along with the Orange County One Stop Centers in Garden Grove and Irvine. As a senior manager within our operations in the Orange County Region, he also has extensive knowledge and experience in working with the diverse partners of the workforce development community, He has provided oversight on many collaborative efforts among the two Workforce Development Boards where he has AJCC's, in working towards further integration of resources and more efficient customer service delivery, He also has served as EDD's representative on the Santa Ana WDB's Youth Council for several years and has been a committee member on several request for proposal reviews for youth service providers. In addition, he is the former Executive Director of the Antelope Valley Workforce Consortium. In that role, he oversaw the distribution of over 2 million dollars in Title I funding to four workforce development partners in the High Desert. He is a past president from the Silicon Valley Chapter of the International Association of Workforce Professionals (IAWP) and supports IAWP as part of his life of public service. Dennis also served as a community representative on the Orange County Superior Court Academy and was the Director of Mentorship for the Orange County Youth Motivation Task Force. I believe that Dennis will be an immediate contributing member to your board, in providing further dedicated service to the City of Santa Ana and its constituents. Your time and consideration of this nomination is most appreciated, Sincerelyyp r Rob laudio, Deputy Division Chief Southern Workforce Service Division, Orange County Region )4;01 lin(nln,Are `Ie.100 aup,0MI'l a 1IAX(71-0i]8-2P)d 13A-3 13A-4 CITY OF SANTA ANA SPECIAL MEETING AGENDA Youth, Education & Community Services City Council Committee Monday, July 24, 2017 — 5:30 p.m. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Solorio & Villegas Staff: Cynthia Kurtz, Interim City Manager; Gerardo Mouet, Exec. Director PRCSA. Recording Secretary: Ron Ono, Admin Services Manager PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Community Services Minutes of the April 24, 2017 meeting 2. New Park Projects Update (Strategic Plan no, 5.4a) 3. Security Cameras in Parks Update (Strategic Plan no. 1.1J) 4, Major City Produced Events Update (Strategic Plan no. 5.5c) 5. Discuss CITY/SAUSD Joint Policy Agenda (Strategic Plan no. 2.1 c) 6. Future Items for Committee Agenda Discussion COMMITTEE MEMBER COMMENTS If 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 1. r accessibility to this meeting. (Americans with Disabilities Act, Title il, 28 GFR 35.102] Santa Ana City Council Miguel A. Police, Michele Martinez, i Vicente Sarmiento, i Jose Solaria, i P. David Benavides, 1 Juan Villegas, I Sal Thajero. Mayor 1 Mayor Pro Tem, i Ward I Ward i Ward i Ward i Ward NEINa292015danaom Ward Ivs--'-NNlsenaa m I iwaaaCdCan - utis j DBa,laNtl¢sRJsanla ana i NIIIeonYlssn j STlnele,o(ol9aMa-ane nl a MMatllnaz[wsenlaanamo j i i i I City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92762 Mayor & Council Telephone: 714.647.6900 • Agenkyr, au�ies: 714.647.6520 • Website: www.santa•ana.ora FUTURE AGENDA ITEMS ADJOURNMENT — The next regular meeting of the Recreation, Education & Community Services City Council Committee meeting schedule for Monday October 23, 2017 at 5,30pm City Hall Ross Annex Room 1600. 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 Il, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, 1 Michele Martinez, Vicente Sarmiento, I Jose Solana, 1 I P. David Benevides, ! Juan Villages, ; Sal Tinajero, Mayor I Mayor Pro Tem, Ward 1 ! Ward 31 Ward 4 ! Ward 6 ! WaWard6 mplaWf anta-ana.nn Ward Vsxmnanimnvania-ana.am I JSpWfpRDSpp p-PpaO!(1 j OeenpNueemasanm.ana.nm I rvnrvvv y ; srnNemkasanle anp ora MMe,fnpxlamN�p i , I , City Hall, 20 Civic Center Plaza o P.O. Box 1988 s Santa Ana, California 92702 Mayor & Council Telephone: 714-647.6900 • Agenda Item Inquiries: 714.647.6520 • Website: www.ssnta-ana,org 13C-2 MINUTES OF A SPECIAL MEETING OF THE YOUTH, EDUCATION & COMMUNITY SERVICES COUNCIL COMMITTEE April 24, 2017 CALL TO ORDER Meeting convened at 7:20 p.m. at Santa Ana City Hall Ross Annex Room 1600; 20 Civic Center Plaza, Santa Ana, California 92702. ATTENDANCE Council members Present Juan Villegas Jose Solorio David Benavides Staff Present: Robert Cortez, Acting City Manager Gerardo Mouet, Executive Director PRCSA Jeannie Jurado, Community Services Manager Ron Ono, Administrative Services Manager Jorge Garcia, Sr. Management Assistant CMO Ruben Ibarra, Lieutenant SAPD Juan Lara, Community Services Supervisor Hiram Uribe, Graphic Designer PUBLIC COMMENTS: o Karla Juarez — Would like to see the agenda published in Spanish. AGENDA ITEMS APPROVAL OF COMMUNITY SERVICES COUNCIL COMMITTEE MINUTES o Community Services Council Committee Minutes of March 27, 2017 was reviewed and approved as presented. o Motion by: Councilmember Solorio Second by: David Benavides ■ Motion approved. 2. SANTA ANA THRIVE CLT UPDATE o Acting City Manager Cortez indicated the item was presented to City Council on December 6, 2017 and is pleased to have Nancy Mejia present an update. o Nancy Mejia explained how the Community Land Trust (CLT) works, whereby an agency, governed by a Board of Directors holds public land and decides the transfers the land for development. The Board was established last year and has identified the following three committees; Youth, Rec. & Comm. Svs. Committee Mtg Page 1 April 24, 2017 13C-3 Land Management Committee, Funding Committee and Membership Committee. The committee is currently developing a business plan and has identified $15,000 this first year. The goal is to help cultivate local businesses and opportunities for growth. The city has approximately 97 vacant lots that are underutilized. The Community Land Trust can help remove a burden from the city and help develop these properties, through business, open space park or investments. Community Land Trust would like to work with the city to identify these properties. Nancy cited a few examples. o Public Comments: • Carla Lopez indicated she works with a Neighborhood OC a local non- profit that is partnering with PRIDE. • Maritza Bustamante and Abby Cruz provided their experience in living around vacant land in their neighborhood that can be used for parks, business or residential homes. • Marcos Rodriguez indicated he supports CLT. They provide the community a chance to coordinate the improvements on land that is owned by the community. • Jose Rea indicated he represents the Madison Neighborhood Association and is excited to see the Pacific Electric Park starting to be developed. He also supports improvements for the youth and CLT. • Marcela Rosas indicated she is an advocate for affordable housing and gave example on how she shared a house with her mom and two brothers. o Council Comments: ■ Councilmember Benavides thanked the community for their presentation on the actions that City Council has taken. The City Council has learned from Community Partnership. CLT is a new concept for Santa Ana, but not for the country. Councilmember provided examples of partnering to develop vacant land. • Councilmember Solorio indicated we have had some type of Community Land Trust in the past. All city land is owned by the public, This would empower the community to shape/maintain the land. This is not the only type of structure. Need to find out what land can be sold or used for parks. All vacant land should be put to good use. Need to find out what properties is not being used/maintained and identify a process to resolve and put it to use. ■ Acting City Manager Cortez indicated Civic Center Barrio was similar but not the same. • Councilmember Villegas indicated land could be used for community garden, but need to perform soil testing before identifying this use. c Action: To continue working with Community Land Trust, look at other pertinent public uses and staff to bring item back when appropriate. • Motion by Councilmember Benavides. Seconded by Councilmember Solorio. • Motion approved. Youth, Rec, & Comm. Svs. Committee Mtg Page 2 April 24, 2017 13C-4 3. CATALINA 20'17 UPDATE o Juan Lara, Community Services Supervisor presented the Annual Catalina Campout. He indicated it is done every summer (July -August). The campout has scholarship opportunities and last summer 70 children participated in the campout with volunteer support and staff. This year due to budget constraints, the proposal is to reduce the number to 50 children. o Councilmember Solorio indicated we should keep the participation number the same (70 children). o Action: Continue with the same (70 children) participation for the Catalina Campout. ■ Motion by: Councilmember Solorio, Second by Councilmember Benavides ■ Motion approved. 4. DAN YOUNG SOCCER COMPLEX AND CENTENNIAL PARK FIELD REALIGNMENT UPDATE o Juan Lara, Community Services Supervisor presents the 7 on 7 concept proposed by one of the soccer organizations. Councilmember Solorio asked questions on the Skate Park and operations. o Chris Schmidt, Windsor Village Neighborhood Association Vice President indicated there is not enough parking for this concept. Players would increase from 22 to 56 players on the field. Godinez High School uses the soccer fields from time to time that will impact the use. o Edgar Vasquez, Interamerican Sports indicated on weekends only Godinez, DYSC #5&#6 and #4 are in use. We need to maximize the use of the fields. There is a lack of fields in Santa Ana. a Marcela Rosas indicated to use the fields you need to be part of a team and need to pay to play. Some of the children are unable to pay to be part of the team. o Juan Lara, Community Services Supervisor presented the existing and proposed field uses. Explained the realignment of fields #5 and #6 to create a third field. He indicated the proposal of the 7 on 7 and the realignment of fields #5 and #6 are currently under review. Will be checking with other cities and SCMAF of field regulations and reporting their findings. o Councilmember Benavides asked if the proposal require physical changes to the field and cost. We need to protect the relationship between the City and the soccer organization. Eventually any work will fall on the city. o Councilmember Solorio indicated the following: ■ If we allow the 7 on 7 change it needs to be available to any league. ■ The Adult League surcharge can be used for the renovation. ■ There should be a moderate increase in the fees to pay for maintenance. ■ Park parking is an overall concern for residents, Especially when the school and SA College are in session. The Godinez Parking structure Youth, Rec. & Comm. Svs, Committee Mtg Page 3 April 24, 2017 13C-5 is only used for major event reservations. Need to look into the regular use of the parking structure. ■ This item should be brought back to the committee. o Councilmember Villegas indicated the 7 on 7 layout can be crowded and difficult to control the ball from hitting another player on the adjacent field. Could we look into reducing if to 3 fields? o Councilmember Benavides indicated we should be able to use the school parking structure. Staff to explore the use. Fields should also be available for public use. Not necessary need to join a league to use the field. 5. DISCUSS CITY(SAUSD JOINT POLICY MEETING o Council Committee reviewed the draft City/SAUSD Joint Policy agenda. Indicated it's a long agenda. o Councilmember Solorio indicated on the updates just provide a written update in -lieu of discussion and to prioritize the items to help expedite the meeting. o Acting City Manager Cortez indicated item #5 Davis Water Tower is a priority and needs direction from the committee to get resolved. 6. FUTURE ITEMS FOR COMMITTEE AGENDA o Site parking by other sports (Solorio) o Other sports use or Joint Use (Solorio) o Youth & Family Master Plan (Benavides) o Update on current Recreation Programs (Benavides) o City owned lots and a comprehensive process for non -profits to use them. Process to make available the sale of city property and put proceeds into a maintenance fund. (Solorio) o Discussion on plans for old Rescue Mission site. (Solorio) COMMITTEE MEMBER COMMENTS o None MEETING ADJOURNED: 8:52 P.M. Next regular meeting July 24, 2017; 5:30pm City Hall Ross Annex Room 1600. Ron Ono, Recording Secretary Youth, Rec. & Comm. Svs. Committee Mtg Page 4 April 24, 2017 13C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2017 (STRATEGIC PLAN NO. 4, 1D) c CITY.,d6AWkGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly report shall be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of June 30, 2017. 19C-1 Quarterly Report of Investments August 15, 2017 Page 2 The following two tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of June 30, 2017. Type of Investment Amount Invested $ Portfolio % COSA Policy Limits % State Law Limits % Certificate of Deposit (CD) $6,924,000.00 2.08% 30% 30% Federal Farm Credit Bank (FFCB) $68,492,550.00 20.53% None None Federal Home Loan Bank (FHLB) $83,052,236.38 24.89% None None Federal Home Loan Mortgage Corp. (FHLMC) $61,718,835.00 18.50% None None Federal National Mortgage Association (FNMA) $72,923,730.00 21.86% None None Local Agency Investment Fund (LAIF) $40,519,790.93 12.15% None None Sub -Total $333,631,142.31 100.00% Cash $22,871,247.86 Total $356,502,390.17 Restricted Cash In $ Restricted Cash t $13,119,572.99 Total $13,119,572.99 t Restricted cash is held by a Trustee, Bank of New York Mellon, and is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment types as of June 30, 2017. City of Santa Ana Investment Portfolio Asset Allocation June 30, 2017 LAIF CD 12.15% 2.08% ■ Certificate of Deposit (CD) ■ Federal Home Loan Bank (FHLB) ■ Federal National Mortgage Association (FNMA) -; Federal Farm Credit Bank (FFCB) Federal Home Loan Mortgage Corp. (FHLMC) Local Agency Investment Fund (LAIF) 19C-2 Quarterly Report of Investments August 15, 2017 Page 3 The following three tables represent, as of June 30, 2017: (1) the aggregate Effective Rate of Return on the City's investment portfolio, both month to date (MTD) and year to date (YTD); (2) the aggregate Average Market Yield To Date (AMTD); and (3) the breakdown of AMTD by investment type. Aggregate Effective Rate of Return Month To Date (MTD) 1.160% Year To Date (YTD) 1.060% Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1 1.308% AMTD Breakdown by Type of Investment Par Value of Investments Yield to Maturity % of Portfolio Average Market Yield to Date Certificate of Deposits $6,679,000.00 1.392% 2.00% 0.028% LAIF $40,519,790.93 0.940% 12.15% 0.114% Federal Agency Securities $286,187,351.38 1.358% 85.78% 1.165% Negotiable Certificates $245,000.00 0.851% 0.07% 0.001% Total $333,631,142.31 100.00% 1.308% STRATEGIC PLAN ALIGNMENT This item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. �cr4+ �� cls • ,C d.—,-�-� Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. 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A §k �As 19C-11 ---_«rr_r_w-r—r--__i r40 l i a N Cy W v mT $ I r n m o"5 I 9N �[ m wwmaM�emti�mmomam��='C o _ •• � � «7 ei ski � PNP` � Nf s � � [ V? � � � � PI �f EEiI zy �yzq� yl UU U 'n w Uyy Z T 4 fi G tL vt P. fl.0. .c Sr lR G 6 zazoa OOO cam 0 i� F$� LL F d U c c e a�R �'p� pmNmm K 'nC�2m a$$$$$$$$ a a m w m$ m$$ l `n mwms m m v 5 m m l 3 U `� i° wmmwwwwr%imwa�i �nwmw�wA jjjj �y 5q�� v.. � 3H�E� ... z 19C-11 g „ 0 19C-12 D z c m m � � m � C � � G u REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2017 —JUNE 2017 {STRATEGIC PLAN NO. 5,3) INTERI CIT MANAGE -14 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2017 — June 2017. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on July 26, 2017, by a vote of 5:0 (A. Cano absent), the Community Redevelopment and Housing Commission approved the recommended action. This report for the quarter ending on June 30, 2017 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first-time homebuyers and rehabilitation loans for mobile homes, single-family, multi -family, and historic homes. Inquiries are received from the public and applications are mailed out, received and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and the total fiscal year. 19D-1 Quarterly Report for Housing Division August 15, 2017 Page 2 Table 1: Applications Sent Out, Received & Approved Rehabilitation Loan Underwriting and Approval Progress For the rehabilitation loans, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write-up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for loan execution, and reserves the required loan funds. During this quarter, one mobile home rehabilitation loan was approved. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners with the evaluation of bids and selection of a contractor. Staff also monitors the construction work, approves payments to contractors, and tracks expenditures to ensure compliance with the loan agreement and program guidelines. At the end of this quarter, there was one (1) homeowner rehabilitation project out to bid and four (4) under construction. Downnayment Assistance Program Progress For the downpayment assistance program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S. Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight-hour pre -purchase counseling program from a HUD - approved agency, be pre -qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $499,000 for a single family home or condo or $499,000 for a newly 19D-2 Inquiries Applications Applications Applications Program Sent Out Received Approved Q47Total Q4 Total Q4 Total Q4 Total FY FY FY FY Single -Family Rehabilitation 33 75 12 62 2 5 0 0 Mobile Home Rehabilitation 21 57 10 49 2 7 0 2 Multi-FamilyRehabilitation 0 7 0 1 0 0 0 0 Historic Home Restoration 1 2 0 2 0 0 0 0 Homeownership 102 99 50 142 3 11 0 0 Rehabilitation Loan Underwriting and Approval Progress For the rehabilitation loans, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write-up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for loan execution, and reserves the required loan funds. During this quarter, one mobile home rehabilitation loan was approved. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners with the evaluation of bids and selection of a contractor. Staff also monitors the construction work, approves payments to contractors, and tracks expenditures to ensure compliance with the loan agreement and program guidelines. At the end of this quarter, there was one (1) homeowner rehabilitation project out to bid and four (4) under construction. Downnayment Assistance Program Progress For the downpayment assistance program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S. Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight-hour pre -purchase counseling program from a HUD - approved agency, be pre -qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $499,000 for a single family home or condo or $499,000 for a newly 19D-2 Quarterly Report for Housing Division August 15, 2017 Page 3 constructed condo or home. The updated maximum sales price became effective on March 1, 2017. Additionally, the property needs to be in good condition and pass an inspection. During this quarter, staff conducted one (1) down payment assistance workshop. A total of 45 people attended. City staff also participated in the NeighborWorks Homeownership Fair and conducted a presentation to potential first-time buyers at City Ventures. Loan Portfolio Management & Monitoring The Housing Division is responsible for managing the residential loan portfolio. As of the end of this quarter, the principal balance was $114,017,804. This is comprised of 419 loans of which 395 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $244,480 in payments of principal and interest during the quarter. Table 2: Portfolio Revenue Monitoring As part of the requirements for these funds, staff must monitor the owner -occupancy for single family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 60 owner -occupancy recertification letters were mailed and 54 were returned and processed. Staff also audited files for 5 projects and conducted building code compliance inspections for 30 units in 15 projects. Regulations require that only a sample of units be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The grounds, common areas and almost all of the inspected units were found to be in compliance at the time of initial inspection. One (1) smoke alarm was inoperative and one (1) toilet was loose. All of the deficiencies were immediately repaired and passed a re -inspection. 19D-3 Funding Sources HOME CDBG Redevelopment NSP CaIHOME Loan Payoffs $0 $21,642 $37,778 $11,461 $40,000 Residual Receipts $29,461 $0 $62,144 $0 $0 Payments Amortized Loan $7,811 $11,809 $21,527 $0 $392 Payments Total For Q4 $37,727 $33,451 $121,449 $11,461 $40,392 Monitoring As part of the requirements for these funds, staff must monitor the owner -occupancy for single family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 60 owner -occupancy recertification letters were mailed and 54 were returned and processed. Staff also audited files for 5 projects and conducted building code compliance inspections for 30 units in 15 projects. Regulations require that only a sample of units be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The grounds, common areas and almost all of the inspected units were found to be in compliance at the time of initial inspection. One (1) smoke alarm was inoperative and one (1) toilet was loose. All of the deficiencies were immediately repaired and passed a re -inspection. 19D-3 Quarterly Report for Housing Division August 15, 2017 Page 4 Affordable Funds for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing. As of May 31, 2017, a total of $2,194,192 is available for affordable housing development. Exhibit 1 provides a summary of the funds available as of the end of this quarter. Projects under Development NSP 1, 2 and 3 Programs The City's intermediaries, ANR Industries, Orange Housing Development Corporation, and C&C Development, continue to look for eligible properties for this program. For Sale Infill Housing (4010 - 4026 E. Mc Fadden Street) • Developer: Habitat for Hummanity of Orange County • Description: Acquisition and new construction project yielding five (5) affordable single-family homes to be sold to qualified low- to moderate -income buyers. • City Funds: Land provided by the Redevelopment Agency. • Status: Project is currently under construction and on target for completion by December 2017. Depot at Santiago (923 N. Santiago Street) • Developer: C & C Development (Depot at Santiago, LP). • Description: Acquisition, demolition and new construction project yielding 70 affordable rental units, a 3,000 SF community room, and 8,500 SF of retail space. • City Funds: HOME ($2,634,566), CDBG ($365,434). • Update: Construction commenced in April 2016 and is about 65% complete. Project is on target for completion in November of 2017. The Orchard (2151 E. First Street) • Developer: Community Development Partners and Mercy House. • Description: Acquisition and rehabilitation of former motel yielding 71 units of affordable permanent supportive housing with wrap-around supportive services for chronically homeless individuals in the City of Santa Ana. • City Funds: HOME ($1,199,869), 71 HUD Project -Based Vouchers ($7,895,194). • Update: Construction commenced in January 2017 and is approximately 45% complete. Project is on target for completion in the Fall of 2017. Santa Ana Arts Collective (1666 N. Main Street) • Developer: Meta Housing Corporation (Santa Ana Arts Collective, LP). • Description: Acquisition, adaptive reuse and new construction project yielding 57 affordable rental units designated for professional artists of all disciplines. • City Funds: Inclusionary Housing ($4,775,000), HOME ($2,219,760), CDBG ($500,000). • Update: Project closed on their financing in July 2017 and will commence construction in August 2017. 1901-4 Quarterly Report for Housing Division August 15, 2017 Page 5 Santa Ana Veterans Village (3312 W. First Street) • Developer: Jamboree Housing Corporation (Santa Ana Veterans Village, LP). • Description: New construction of an affordable multifamily apartment complex yielding 75 units of permanent supportive housing with wrap-around supportive services for HUD- VASH eligible homeless veterans in the City of Santa Ana. • City Funds: 75 HUD-VASH Project -Based Vouchers ($11,489,000), HOME ($504,550) • Update: Developer applied for 9% Low -Income Housing Tax Credits on June 28, 2017. Aqua Housing (317 E. 17th Street) • Developer: Community Development Partners and Mercy House. • Description: Acquisition, demolition and new construction of a former motel yielding 57 units of affordable permanent supportive housing with wrap-around supportive services for chronically homeless individuals in the City of Santa Ana. • City Funds: 56 Project -Based Vouchers ($9,237,900). • Update: Developer applied for 9% Low -Income Housing Tax Credits on June 28, 2017. First Street Apartments (1440 E. First Street) • Developer: AMCAL Multi -Housing, LLC. • Description: Demolition and new construction of an affordable multifamily apartment complex yielding 68 units of rental housing serving very -low and extremely -low income families. • City Funds: Housing Successor Agency ($8,522,740). • Update: Developer applied for 9% Low-income Housing Tax Credits on June 28, 2017. Tint/ Tim Plaza (2223 West 5th Street) • Developer: Community Development Partners. • Description: New construction of an affordable multifamily apartment complex yielding 51 units of rental housing serving very -low and extremely -low income families. • City Funds: Inclusionary Housing ($1,300,000), Housing Successor Agency ($4,700,000) • Update: Developer is currently pursuing other sources of financing to fill an estimated financial gap of approximately $11.7 million. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 1901-5 Quarterly Report for Housing Division August 15, 2017 Page 6 FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Cortez Acting Executive Director Community Development Agency Exhibit: 1. Available Funds for Affordable Housing Development Projects 19D-6 Exhibit 1 Available Funds for Affordable Housing Development Projects As of May 31, 2017 8 Housing Successor Agency (Housing Authority) $14,601,827 Cash on Hand ($8,522,740) First Street Apartments Pre -Commitment Loan ($4,700,000) Tiny Tim Plaza Conditional Pre -Commitment Loan ($789,853) Reconciling amount (ROPS Projects) ($280,098) Habitat for Humanity Disposition and Development Agreement ($250,000) Administrative Costs Allowance' $59,136 Available Funds Inclusionary Housing Funds $7,830,916 Cash on Hand' ($5,251,381) Santa Ana Arts Collective Pre -Commitment Loan & Associated Project Costs" ($1,300,000) Tiny Tim Plaza Conditional Pre -Commitment Loan ($186,936) Administrative Costs Allowance (CDA/PBA) $1,092,599 Available Funds (*Excludes $9,695,725.60 anticipated from Heritage Village; HOME Program $2,954,995 Funds to Drawdown ($2,219,760) Santa Ana Arts Collective Pre -Commitment Loan' ($332,778) Community Housing Development Organizations (CHDO) Set -Aside° $402,457 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only)' $1,140,000 Funds to Drawdown ($500,000) Santa Ana Arts Collective Pre -Commitment Loan $640,000 Available Funds to Drawdown 2,194,192 Total Available Funds Approved by City Council/Housing Authority on June 20, 2017. The Housing Successor Agan, relies on available cash to fund the monitoring and compliance functions related to the farmer Redevelopment Agency's housing loans. Inaludos new $1,224,437.20 payment from The Line project (3630 Westminster Ave) received In April 2017. Includes Initial $1.875M loan antl addltlonal $2.9M loan approved by City Count on June 20, 2017, Loan amount reduced from original $2.26M by City Cbunall on July 5, 2017 per U.S. Housing and Urban Development's 2016 HOME per-unit subsidy requirements. The $332 778 includes funds currently avallablb as rated In the Tobruary 7, 2017 City Council Agenda Item 25C. An addltlonal $171,771.601s estimated In future funding. All unencumbered funds at fiscal year and are expected to be rolled bear to the Unappropriated Balance for CDEG Capital Projects In FY 17118. Financial information provided as of May 31, 2017 only. Updated numbers for June 2017 will be provided uponthe Finance and Management Services Agency's completion of the FY 16117 year end closing process. 19D-7 19D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR JULY 2017 (STRATEGIC PLAN NO. 5, 1) �207',, QtY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 a Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For 'CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for July 2017. DISCUSSION The July 2017 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.oLq/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 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) ClW MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013-014. utscUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 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. Exhibit: 1. Request for Destruction of Records — Police Department 19F-1 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name. Special Investigations Record Record Series Record Description Record Dates Category Application Massage Files Application forms, letters. of 12-31-2013 and Permits _ approval or denial, misc. correspondence, live scans prior Application Bingo Flies- Application forms, letters of 12-31-2013 and Permits approval or denial, financial prior statements, misc correspondence Prepared by: Name: Eileen F. Greene Title: Police Investigative Specialist Date: 7-13-17 Number of boxes to be destroyed. 4 (lateral file drawers) CONSENT BY: -7/ze7 _C�uid 1/nt n Acting Chief of Police to t APPROVED BY: T mora Uasia ,As k.% i k t ItyAttorneY C7ate Page 1 of 2 19 F-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Special Investigations Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19F-3 19F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE, AN APPROPRIATION ADJUSTMENT FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT FUNDS FOR PROGRAM YEAR 2016-2017 (STRATEGIC PLAN NO. 2, 4) c ITY MANAGER 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 RECOMMENDED ACTION Approve an appropriation adjustment recognizing additional Workforce Innovation and Opportunity Act grant funds in the total amount of $6,706 in revenue account (no. 12318002- 52001) and appropriating as follows: • $ 48.70 in Administrative Allowance funds to account (no. 12318748-63001); • $ 438.30 in Dislocated Worker funds to account (no. 12318754-69138); • $3,219.00 in Rapid Response funds to expenditure account (no. 12318756-63001); • $3,000.00 in 15% Governor's Discretionary funds to account (no. 12318743-63001). 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 LWDA under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation 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 20A-1 Appropriation Adjustment — WIOA Rapid Response Grant Funds August 15, 2017 Page 2 Employment Development Department (EDD) related to the WIOA program through June 30, 2018. EDD has disbursed additional funds to Santa Ana through unilateral sub -grant modifications to the agreement for Program Year 2016-17. The additional amounts allocated to Santa Ana are shown in the table below: Subgrant Modification Dislocated Worker Rapid Response 15% Governor's Discretionary No. 4 $1,674 No. 5 $3,000 No.6 $487 $ 505 No. 7 $1,040 Totals $487 $3,219 $3,000 The WIOA regulations allows each LWDA to use ten percent of Adult, Dislocated Worker, and Youth funds for administrative costs. Ten percent of the additional Dislocated Worker funds is $48.70 and will be utilized for miscellaneous expenses. The remaining Dislocated Worker funds will be utilized to provide career and training services to participants in the community that need assistance. Rapid Response funds will be used to plan for and respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. The 15% Governor's Discretionary funds will be utilized to implement the CalJOBS VOS Enhancement, Touch Screen Technology project upon further direction from EDD. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 — Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $6,706 in revenue account (no. 12318002-52001) and increase the FY 2017-18 expenditure accounts as follows: Account Number Program Amount 12318743-63001 15% Governor's Discretionary $3,000.00 12318748-63001 WDB Admin $ 48.70 12318754-69138 Dislocated Worker $ 438.30 12318756-63001 Rapid Response $3,219.00 TOTAL: $6,706.00 20A-2 Appropriation Adjustment— WIOA Rapid Response Grant Funds August 15, 2017 Page 3 Robert C. Cortez Acting Executive Director Community Development Agency RC/SG/DS APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 20A-3 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AGREEMENT WITH DR. SCOTT WELDY DBA SERRANO ANIMAL AND BIRD HOSPITAL TO PROVIDE VETERINARY SERVICES FOR THE SANTA ANA ZOO AND AGREEMENT AMENDMENT WITH FRIENDS OF THE SANTA ANA ZOO TO INCREASE FINANCIAL CONTRIBUTION FOR VETERINARY EXPENSES {STRATE IC PLAN NO. 2,2E) I/ G ClMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital to provide veterinary services for the Santa Ana Zoo in an annual amount not -to -exceed $137,280, which includes a 10% contingency, for a term from September 1, 2017 through August 31, 2019, with two, one- year renewal options for a total amount not -to -exceed $549,120, 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 amendment to the agreement with Friends of the Santa Ana Zoo to increase the financial contribution by $40,000 to $60,000 to be used for veterinary expenses, effective August 16, 2017 through the term of the agreement, February 28, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing revenue in the amount of $40,000 in the Friends of the Santa Ana Zoo Vet Contribution revenue account (no. 01113002 57380) and appropriating the same amount to the Zoo Operations expenditure accounts (no. 01113220 62300). DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture (USDA) to provide veterinary services for the collection of animals maintained at the Zoo in order to maintain its USDA Class C Exhibitor's License. 20B-1 Agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital for Veterinary Services for the Santa Ana Zoo And Agreement amendment with Friends of the Santa Ana Zoo August 15, 2017 Page 2 On May 25, 2017, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for veterinary services. Despite the fact that the RFP was posted on PlanetBids and City staff contacted various veterinarians, the City only received one proposal from the current firm providing the service. An evaluation committee consisting of three representatives from PRCSA-Zoo reviewed and rated the proposal. The proposal was evaluated according to the criteria listed in the RFP, which included experience, understanding, and fee. Dr. Weldy is currently the zoo veterinarian and has extensive exotic animal veterinary experience and has established a comprehensive animal health program to monitor the wellness of the animals residing at the Zoo. Through routine, weekly zoo -facility visits to examine the animals' health and sanitation and maintenance of medical history records for each animal, Dr. Weldy is able to provide preventative and curative medical care for the entire zoo collection. Staff recommends entering into a new agreement with Dr. Weldy for a two-year term with two, one-year renewal options. The scope of the agreement is an increase from the current agreement and therefore the cost has also increased. The new agreement calls for the veterinarian to visit the zoo two days a week while the current agreement only provides for one visit per week. The need for this increase was noted on the Zoo's last Association of Zoos and Aquariums inspection report. In order to accommodate the additional cost, the Board of Directors of Friends of the Santa Ana Zoo have voted to increase the financial contribution to the City for veterinary expenses by $40,000 to a total $60,000 per year for the term of the agreement, which ends on February 28, 2019 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #2 (Expand Youth Programming), Strategy E (Partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo.). FISCAL IMPACT An appropriation adjustment to recognize funds and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY 17/18 Revenue Friends of the Santa Ana Zoo Vet Contribution (no. 01113002 57380) $40,000 Expenditure Zoo Operations (no. 01113220 62300) 20B-2 Agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital for Veterinary Services for the Santa Ana Zoo And Agreement amendment with Friends of the Santa Ana Zoo August 15, 2017 Page 3 Funds are available in the following account for the specified years: Accounting Unit FY17/18 FY 18/19 FY 19/20 PRCSA-Zoo (no. 01113220-62300) $114,400 $137,280 $137,280 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FY20/21 FY21/22 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -�rm Executive Director Finance and Management Services Agency EXHIBIT: 1. Agreement - Serrano Animal and Bird Hospital 2. Agreement Amendment - FOSAZ r�- AGREEMENT TO PROVIDE VETERINARY SERVICES AT THE SANTA ANA ZOO THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Scott Weldy, DVM, dba Serrano Animal and Bird Hospital, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On May 25, 2017, the City issued Request for Proposal ("RFP") No. 17-059, by which it sought proposals from qualified firms for veterinary services for the Santa Ana Zoo. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subj ect to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform veterinary services for the Santa Ana Zoo as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the tern of this Agreement, including any extension period exercised under Section 3, shall not exceed $549,120. The total annual amount shall not exceed $137,280. This amount is comprised of the sum of $124,800 and (2) a 10% contingency of up to $12,480 for services, including but not limited to, service fees associated with veterinary specialist services (i.e. MRI, specialty ultrasound/diagnostics, specialty dental surgery, and specialty surgery), outside laboratory services, and outside pharmaceutical services/products (i.e. compounding), as may be retained by Exhibit i Page 1 of 11 i►l- Consultant, with prior City approval, to assist with providing necessary veterinary services or performed by Consultant at the sole discretion of City. 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 September 1, 2017 and terminate on August 31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 11 PKI- 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile; liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. Page 3 of 11 20B-% (iv) Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant faits or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfonned prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 and indemnify the City; its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright inftingerment, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 11 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page S of 11 KO • 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: and 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 Fax 714- 647-4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Scott Weldy, DVM Serrano Animal and Bird Hospital 21771 Lake Forest Dr., Ste. I I I Lake Forest, CA 92630 Fax: 949-855-1070 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 herein, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and Page 6ofII 20B-10 any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of ternination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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 in eormection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement Page 7ofII 20B-11 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. --Remainder afpage intentionally left blank; signature page to follow -- Page 8 of 11 20B-12 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, CA'RVALHO City Attorney By:�Vl 1. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager SERRANO ANIMAL AND BIRD HOSPITAL Scott Weldy, DVM Page 9 of I I 20B-13 EXHIBIT A SCOPE OF SERVICES Page 10 of 11 20B-14 Exhibit A - Consultant Agreement with Serrano Animal and Bird Hosptial Appendix ATTACHMENT I SCOPE OF WORT{ CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17-059 Introduction and Background: Santa Ana Zoo The Santa Ana Zoo at Prentice Park's mission is to instill a passion of the natural world through conservation, recreation, and education. The Zoo first opened in 1952 on land donated to the City of Santa Ana by a local businessman, Joseph Edward Prentice. His conditions on the grant deed stated the land must always be a City park, the park be named Prentice Park, and the City maintain a zoo with at least 50 monkeys. The Zoo is owned and operated by the City of Santa Ana and gets additional financial support from the zoo society, Friends of Santa Ana Zoo, a private 5010 non-profit entity. The Zoo is open to the public 10;00 AM to 5:00 PM 4Q days a -year seven days a week and averages about 250,000 visitors a year. The Zoo Animal Collection The Zoo maintains a diverse collection of animals, The Zoo has 80 different species and 270 individual animals. There is a strong emphasis on primate species. The Zoo's collection includes (but is not limited to) domestic and wild hoofstock, xenarthrans, carnivores, assorted small mammals, psittacines, birds of prey, waterfowl, ratites, and various reptiles and amphibians, and invertebrates. The current zoo master plan focuses on the animals of Central and South America. Despite the emphasis on the Neotropics, the Zoo features animals from Africa, Asia, Europe and North America. Veterinary Facilities The Zoo has an on-site animal hospital with surgery, radiography, and recovery rooms. A separate pathology building is used to perform necropsies. There are two dedicated quarantine facilities for large and small animals. Description of Work: 1. Contractor's Obligations; A. Contractor shall be experienced with wild, exotic (meaning non -domesticated) animals including, but not limited to, primates, ungulates, carnivores, xenarthrans, birds, reptiles, amphibians, and invertebrates. B, Contractor shall perform the City's required veterinary services for the Santa Ana. Zoo. Contractor shall be available on a seven-day per week, twenty-four hour basis to perform all emergency and normal routine veterinary services, including but not be limited to: 1. The contractor shall be on site a minimum of two (2) days a week for a minimum of sixteen hours weekly at mutually agreed upon intervals; 2. Routine and emergency consultations, as needed, by City personnel; 3. Blood tests and parasite checks; 4. Monitor the effect of prescribed treatments; 5. Establish procedures and practice for disease containment, quarantine, parasite control City of Santa Ana RFP 17-059 Page 10 20B-15 vaccination programs, tuberculin testing, dental prophylaxis, routine physicals; 6. Perform periodic reviews of dietary and husbandry techniques; 7. Use proper euthanasia procedures as established in the "AVMA Guidelines for the Euthanasia of Animals: 2013 Edition", with method of euthanasia not interfering with postmortem examinations; 8. Perform or have exam performed by another agency at the request of the City, postmortem examinations as soon as possible on all animals inclusive of wild or feral animals found dead on the zoo grounds to ascertain the cause of death; 9. Assist with the maintenance of medical records on paper and electronically in Zoological Information Management System (ZfMS), which shall indicate treatment received, surgical procedures, anesthesia, any test/lab results, immunization records, etc.; 10. Prepare all necessary and appropriate health certificates required for shipment of animals. 11. Safely perform all examinations and treatments by staying up-to-date on Capture/restraint techniques for exotic animals as well as flight or fight signals. 12. Administration of all appropriate medications C. In the event that the primary veterinarian is not available the Contractor shall supply an on-call veterinarian with equivalent exotic animal experience and expertise of the primary veterinarian. D. Contractor shall conduct fecal examinations at least annually on all individuals or groups in the collection, and more frequently on those groups recognized to be most susceptible, to facilitate the detection and treatment of parasites before clinical signs appear. E. Contractor must be licensed in California and shall be in practice locally at time of award. P. Contractor shall arrive on site in response to notification for the need for emergency services within 60 minutes of notification. An emergency is defined as a situation in which an animal is sick or injured and in need of immediate treatment in order to relieve pain or sustain life. G. Contractor must be able to obtain DEA Controlled. Substance Certification within 60 days. H. Radiology: Contractor must be able to read x-rays and run x-ray equipment: I. Contractor shall be willing to correspond with USDA Officials in regards to a case or scenario involving an individual or species at the zoo. J. Contractor shall provide a signature as City's consulting/attending veterinarian, for necessary and required certificates, license, permits, or other documents. K. May be required to professionally represent the Santa Ana Zoo on camera, in print, or online with the media concerning health related conditions and or concerns of any animal within the Zoo's collection. L. Contractor shall provide an electronic copy of a usage report to the Zoo Curator. The report shall be sent monthly. The report shall provide complete information on the services rendered and a cost breakdown of procedures, M. Contractor shall have knowledge of exotic animal medicine resources such as; St. Louis Contraception Center, San Diego Zoo Institute for Conservation Research, Cincinnati Zoo Center for Conservation and Research of Endangered Wildlife CREW, and Primate Testing Labs. City of Santa Ana RFP 17-059 Page 11 20B-16 N. Contractor shall obtain at his/her cost, medical malpractice insurance. Reimbursable Expenses (Subject to Prior City Approval) - Specialty tools and supplies not available in the Zoo hospital - Specialist diagnostic services (Le. radiograph, dental, surgical consultations) - After-hours emergency care (i.e. animals needing 24 hour care) - Off --site clinic visits (Le. animals taken to contractor's clinic for emergency treatment) TI. City Obligations In Order to assist Contractor in execution of the Contractor's obligations and to enhance the care of animals in the collection, the City agrees to do the following: A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in surgery and/or treatment of the collection with recovery and holding cages and related equipment as necessary at the Zoo. C. Provide Contractor with staff support from Zoo personnel. D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and/or other medical supplies upon reasonable request of Consultant, as needed. E. Provide staff assistance for the capture and treatment of animals. P. Maintain a copy of the diagnostic and treatment notes at the Zoo. O. Pay for all outside laboratory expenses incurred as a result of Contractor's supervision of animals in the collection. H. Pay for all other expenses necessary for the care of the animal collection when reasonably recommended by Contractor and approved by the Zoo Manager or their designated representative. City of Santa Ana RFP 17-059 Page 12 20B-17 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of I I pKilauge Exhibit B - Consultant Agreement with Serrano Animal and Bird Hospital FEE PROPOSAL The following fee proposal includes all costs, both direct and indirect, including office staff, phones, vehicles, mileage and hospitalization/care expenses at Serrano Animal and Bird Hospital. Predicting anticipated future fee increases are based on collection growth, cost of living increases, and complexity of zoo function and management. These variables are difficult, at best, to predict with a single monetary value, and can range from 3-10% each year. This should be an area of open discussion at each renewal. We would invoice a flat fee of $100/hour for 24 hours/week ($2400/week), totaling $124,800/year. MATERIALS/SERVICES EXCLUDED FROM PROPOSAL The proposal will Include all veterinary services required to properly maintain the zoo collection. The fee schedule outlined will cover all services with the exception of: 1. Fees associated with veterinary specialist services (i.e. MRI, specialty ultrasound/diagnostics, specialty dental surgery, specialty surgeon) 2. Outside laboratory services 3. Outside pharmaceutical services/products (compounding, non -vendor approved companies) 20B-19 20B-20 FIRST AMENDMENT TO AGREEMENT FOR FOR THE BENEFIT AND SUPPORT OF THE SANTA ANA ZOO AT PRENTICE PARK THIS FIRST AMENDMENT to the above -referenced agreement is entered into this _ day of July, 2017, by and between Friends of Santa Ana Zoo, a California non-profit public benefit corporation, organized for the purpose of supporting the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park through charitable fund-raising ("FOSAZ"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The parties entered into Agreement #A-2016-035, dated. March 1, 2016 ("Agreement"), by which City and FOSAZ outlined their agreement to support the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park through charitable fundraising. B. The Agreement provides for, among other items, the remittance of $20,000 each year from FOSAZ to be used by the City for veterinary expenses. C. The parties wish to amend the Agreement to increase the amount of funds received each year from FOSAZ to be used by the City for veterinary expenses. The Parties therefore agree: Section 3.G.i. - Financial Contribution & Concession Revenue Sharing, is amended to read as follows: On or before December 31 of each year, FOSAZ shall remit the sum of sixty thousand dollars ($60,000) to the City to be used for veterinary expenses. These fiends shall be deposited into a City revenue account with the City General Fund. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full farce and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA CYNTHIA J. I URTZ Interim City Manager Exhibit 2 -- Signatures continue on next page -- Page t oft 20B-21 APPROVED AS TO FORM SONIA R. CARVALHO FRIENDS OF SANTA ANA ZOO City Attorney By: da"', N 'Rs. LAURA A. ROSSINI Senior Assistant City Attorney FOR APPROVAL GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency Name: Title: Page 2 o£2 20B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AWARD PURCHASE ORDERS FOR INDUSTRIAL WORKSHOP FURNITURE (SPEC. NO. 17-069) (STRATEGIC PLAN NO. 6,213) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase orders for industrial workshop furniture for a total aggregate amount not to exceed $100,000, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Workstation Industries, Inc. Santa Ana McMurray Stern, Inc. Santa Fe Springs DISCUSSION The Public Works Water Resources Division manages and maintains the daily operations of the City's water systems which include 7 pump stations, 20 wells, and 8 reservoirs. These operations require special Personal Protective Equipment and related appurtenances to comply with special testing, state, and local laws. To keep this equipment in good working condition it must be stored properly, therefore commercial/industrial-grade lockers, benches, cabinets, and tables are required. The following industrial grade items will be purchased and have an estimated service life of 15 years: 9 Conference tables 24 Locker units (upper and lower) 2 Workbenches 2 Whiteboards 2 Wall cases 1 Table top 1 Sink and cabinet 1 Stand-alone bench 2 Shelving units 1 Storage cabinet 22A-1 Award Purchase Orders for Industrial Workshop Furniture August 15, 2017 Page 2 The notice inviting bids was advertised on June 8, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 316 Vendors were notified 10 Vendors downloaded the bid packet 1 Santa Ana vendor downloaded the bid packet 2 Bids received 1 Bid received from a Santa Ana vendor Two bids were received and opened on July 10, 2017, and evaluated. The results are as follows: Vendor Location Amount McMurray Stern Santa Fe Springs $ 22,524.71 (did not bid on all items) WorkStation Industries Santa Ana $116,155.00 The bids received from the recommended vendors, one of which is a vendor from Santa Ana, are responsive to the specifications and meet the City's requirements. To optimize savings, each vendor will be issued a purchase order for different furniture items to stay within the authorized budget. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment), Strategy B (utilize a five-year Deferred Maintenance Plan to strategize and finance funded and unfunded needs). FISCAL IMPACT Funds in the amount of $100,000 are budgeted and available for expenditure in FY 2017-18 as follows: $50,000 in the Water System Maintenance Account (No. 06017641-63001) and $50,000 in the Water Quality and Measurement Account (No. 06017644-63001). APPROVED AS TO FUNDS AND ACCOUNTS: Frep Mousavipour Francisco Gutierrez, Executive Director Executive Director Public Works Agency Finance & Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AWARD PURCHASE ORDER TO LEED ELECTRIC, INC., FOR MURPHY CONTROL SYSTEM REPLACEMENT FOR OPERATION OF WATER PUMPS AND MOTORS (SPEC. NO. 17-077) (STRATf W PLAN NO.6, 2B) CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Q•'i• R, ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize a one-time purchase and payment of purchase order to Leed Electric, Inc., for the installation of a Murphy Control System in an amount not to exceed $76,500, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Reject the bid from GI Endurant, LLC, as nonresponsive. Vendor did not include all required documents in the bid. DISCUSSION The Public Works Water Resources Division manages and maintains the daily operations of the City's water systems that deliver an average of 30 million gallons of potable water each day to City residents and businesses. To maintain uninterrupted water service to our customers in the event of power outages or emergencies, the Water Resources Division staff employs various strategies, including the operation of a large natural gas -fueled water pump motor. The existing automated industrial controls for this equipment, known as murphy control systems, are obsolete and in need of replacement. Approval of the recommended action will allow the replacement of all related industrial control equipment necessary to keep this water pump and motor operational. The Notice Inviting Bids was advertised on June 27, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 323 Vendors were notified 37 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors 2213-1 Award Purchase Order for Murphy Control System Replacement August 15, 2017 Page 2 Three bids were received by the July 10, 2017, due date. One bid was deemed unresponsive, due to missing required documentation. The remaining two responsive bids were opened and evaluated. The results are as follows: Vendor Location Amount Leed Electric, Inc. Santa Fe Springs $76,500.00 Generator Services Co, Inc. Rancho Cucamonga $84,491.38 The bid received from Leed Electric, Inc., is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment), Strategy B (utilize a five-year Deferred Maintenance Plan to strategize and finance funded and unfunded needs). FISCAL IMPACT Funds in the amount of $76,500 are available in the Water Production and Supply Account (No. 06017640-62300) for expenditure in FY 2017-18. Fred ousavipour Executive Director Public Works Agency FM/NS/rr/sm/sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AWARD PURCHASE ORDER TO SAITECH, INC. FOR ARUBA CARE ANNUAL WIRELESS MAINTENANCE (SPEC. NO. 17-086) (STRATEGIC PLAN NO. 6,1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize a one-time purchase and payment of purchase order to Saitech, Inc. for purchase of Aruba Care annual wireless maintenance in the amount of $31,500, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from Taborda Solutions, Inc. as nonresponsive. DISCUSSION The City's existing integrated Aruba -HP wireless and wired infrastructure provides mobility for City staff and citizens to City owned public and private wireless access services. The locations served include City Hall and 26 remote City facilities including the libraries, park and recreation centers, Council Chambers, Police Department and community centers. To ensure maximum value, maintenance is bid out and purchased through Value Added Resellers (VARs). The request for one year of maintenance and support for these services covers the necessary hardware, software, updates, and support required to continue the successful operation of the wireless infrastructure and making it flexible enough to support future needs as they arise. The notice inviting bids was advertised on July 20, 2017, on the City's online bid management publication system. A summary of the bids and offers received is as follows: 530 Vendors were notified 23 Vendors downloaded the bid packet 0 Bids received from a Santa Ana vendor 4 Bids received 22C-1 Contract Award for Aruba care wireless maintenance renewal August 15, 2017 Page 2 Bids were received and opened on July 31, 2017. The low bid offer received from Taborda Solutions, Inc, is incomplete and did not include all of the items requested under the maintenance services. As such, their bid is considered nonresponsive. The bid received from Saitech, Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of these 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). FISCAL IMPACT Funds in the amount of $31,500 are available in FY 2017-18 in the Information Technology Data Center Hardware Maintenance & Support account (no. 10920147-62307). f Jack Ciulla Chief Technology Innovations Officer Information Technology Department EG Exhibit: 1. Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez kb Executive Director Finance and Management Services Agency 22Ci-2 Contract Award for Aruba care wireless maintenance renewal September 5, 2017 Page 3 ABSTRACT OF BIDS CONTRACT AWARD FOR ARUBA CARE ANNUAL WIRELESS MAINTENTANCE (17-086) VENDOR Saitech Inc. Glass Box Technology LOCATION Fremont, CA Carlsbad, CA OFFER $31,500. $37,170.86 VENDOR Golden Star 'Taborda Solutions, Inc. LOCATION Cerritos, CA Folsom, CA OFFER $38,165.72 $21,585.10 * Nonresponsive: Taborda Solutions, Inc. bid is incomplete Exhibit 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 3 C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I1»KH9gV ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Preservation A mt. No. Halvorson Living Trust 2017-03 2203 North Ross Street P. A. Mitchell House Eugene Charles III & Ann Avery Andres 2017-04 2467 North Riverside Drive Reed House Paul Anderson & Mona Shah -Anderson 2017-05 930 West River Lane Busacca House Ryan Arthur Grossheim & Andrew 2017-09 1710 North Heliotrope Dr. Michael Layton Schaffer House Zetulio Jimenez & Adriana De La Rosa 2017-10 2529 North Valencia Street R. D. Bird House HISTORIC RESOURCES COMMISSION ACTION On July 20, 2017, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the, approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to 25A-1 25A-2 Historic Property Preservation Agreements August 15, 2017 Page 2 reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B5). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $598.06 to $3,007.24 annually noted below, for a period of less than ten years. HPPA No. Address Low Estimate High Estimate Exhibit No. 2017-03 2203 North Ross Street $176.39 $881.95 B1 2017-04 2467 North Riverside Drive $56.40 $298.94 B2 2017-05 930 West River Lane $121.82 $609.10 B3 2017-09 1710 North Heliotrope Drive $95.44 $477.20 B4 2017-10 2529 North Valencia Street $148.01 $740.05 B5 Total for All Properties: $598.06 $3,007.24 61 nd andida eal Acting Executive Director Planning & Building Agency IO:rb S:RFCA\08-15-171Mills Act Agmts 08-15-17 APPROVED AS TO FUNDS AND ACCOUNTS: �1Mi�irr A� �a� Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B5. Historic Resources Commission Staff Reports 25A-3 25A-4 MlLLSACT AGREEMENT Santa Ana, CA 927 FREE RECORDING PER GOVERNMENT CODE §6103 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement') is made and entered into this 20 by and between the City of Santa Ana of California (hereinafter referred to as "City"), referred to as "Owner"), owner of real property located at Santa Ana, California, 92706 in the County of Orange Register of Historical Properties. RECITALS (hereinafter and listed on the Santa A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property at , Santa Ana, California, 927_ and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property'. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Historic Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are EXHIBIT A -I- 25A-5 MLGGSACT AGREEMENT Santa Ana, CA 9d7 appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq,, Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Term of Agreement. This Agreement shall be effective and commence on , 20_ (Effective Date), and shall remain in effect for a term of ten (10) years thereafter (Term). Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the Effective Date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served.as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety 90 days prior to the annual renewal date, or served by the City to the Owner at least sixty 60 days prior to the annual renewal date, one (1) year shall automatically be added to the Term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year; the Agreement shall remain in effect for the balance of the Term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. -2- 25A-6 MILLSACTAGREEMENT Santa Ana, CA 939 3. Standards and Conditions for Historic Property. During the Term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the Historic Property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit C and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A viewshed enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to completely or permanently block the view of the Historic Property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. -3- 25A-7 11ILLSACT AGREEMENT Santa Ana, CA 937 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 'I) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed, No fee shall be imposed in the case of destruction by acts of God, force majeure, or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6, Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default -4- 25A-8 MILLS ACTA CREEMENT Santa Ana, CA 927 under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property located at —, Santa Ana, California, 92706, Assessor Parcel Number, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the Historic Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. _5_ 25A-9 MICGS ACT AGREEMENT Santa Ana, CA 927 City: City of Santa Ana Attn: Clerk of the Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Santa Ana, California, 927_ 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- 25A-10 MILLS ACTAGREEMENT Santa Asa, CA 927 f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11, Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into this Agreement, the Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation, 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. {Signatures on Following Pagel -7- 25A-11 MILLS ACT AGREEMENT Santa Ana, CA 927 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 OWNER 1900 Name: APPROVED AS TO FORM: SONIA CARVALHO City Attorney In CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager Name: Candida Neal Acting Executive Director Planning and Building Agency -8- 25A-12 MILLS A CT A GREEMENT Santa Ana, CA 927 Exhibit A LEGAL DESCRIPTION Assessor's Parcel Number: AA -13 MILLSACT AGREEMENT Santa Ana, CA 927 Exterior work shall be reviewed by the Historic Resources Commission and subject the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 1 All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. S. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not -io- 25A-14 MMLSACTAGREEMENT Santa Area, CA 927 destroy significant historical, architectural or cultural material, and such design is compatible with size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. _11. 25A-15 MILLSACTAGREEMENT Smith A if , CA 92> EXHIBIT C (PHOTOGRAPHS) -12- 25A-1 6 ta- 25A-16 REQUEST FOR i JULY 20, 2017 TITLE: a� snn> PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-07, HISTORIC REGISTER CATEGORIZATION NO. 2017-06, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017.03 FOR PROPERTY LOCATED AT 2203 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Ivan Orozco_ APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Directo Planning Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-07 and Historic Register Categorization No. 2017-06. 2, Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eric H. Halvorson and Dianne P. Halvorson, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Eric H. Halvorson and Dianne P. Halvorson are requesting approval to designate an existing residence located at 2203 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 2,341 -square -foot, single -story English Revival style residence and detached garage on a 7,4.50 -square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana EXHIBIT B1 25A-17 HRCA No. 2017-07, HRC No. 2017.06 HPPA No, 2017-03 July 20, 2017 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Arta Municipal Code (Plaices of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion in the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the 'Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the P. A. Mitchell House, has distinctive architectural features of the English Revival style, and was built in 1930 by Nylin Hurd. Character defining features of the P. A. Mitchell House that should be preserved include, but may not be limited to, materials and finishes, original windows and door where extant (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is an intact example of the English Revival House style in the Floral Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No, -NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). Tobe eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax. savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25A-18 HRCA No. 2017-07, HRC No. 2017-06 HPPA No. 2017-03 July 20, 2017 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-55 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ivan Orozco Assistant Planner 11 IO;jm to\Hlslorlc. DocuiienlsWuly 2017 HROW. A. Mitchell House 2203 N Ross.hrc Exhibits 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25A-19 500' RADIUS HRCA NO. 2017-17/HRC NO. 2017-6 HPPA NO. 2017-3 2203 NORTH ROSS STREET P.A. MITCHELL HOUSE PLANNING AND BUILDING AGENCY bA- EXECUTIVE SUMMARY P. A. MITCHELL HOUSE 2203 North Ross Street Santa Ana, CA 92706 NAME P. A. Mitchell House REF. NO. ADDRESS 2203 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ❑ Unrestricted ❑ Prehistoric ® Historic ❑ 'Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached Its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration, English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of the gable extending a greater distance that the other, sometimes changing angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and often multi -paned casement In type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical In composition. SUMMARYICONCLUSION: The P. A. Mitchell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of Santa Ana, and "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: + California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but still of local significance. + It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 551: Individual property that is listed or designated locally EXHIBIT 2 25A-21 State of California—The Resources Agency Prtmary e DEPARTMENT OF PARRS AND RECREATION HRl ff — PRIMARY RECORD Trinomial NRHP Status Cade_. .._____ Other Listings Review Cade Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) P. A. Mitchell House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2203 N. Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-111-20 *153a. Description: (Describe resource and its major elements, include design, materials, condition, alterations, size, setting, and boundaries.) Asymmetrical In design, this two-story stucco -clad residence known as the P. A. Mitchell House is designed in an English Revival Style of architecture. The house is capped with a high-pitched, side -gabled roof with clipped ends, framed by two unevenly sized projecting wings. Between the wings the front entry Is covered by a small turret style roof treatment. The steeply pitched roof design allows for a formal entryway with a one-step porchlet leading to the front door. The residence is capped with a shingle roofing material. A large multi -pane picture window sits under the large of the two projecting wings. Above the window and similar to the double casement windows to the other side of the front elevation, the windows are topped with a bullnose awning which provides shade from the setting sun. The arched design of the larger picture window is capped in a brick design similar to the use of the brick as the sill for the windows. The remaining windows throughout the home are a combination of multi -pane casements and wood double-hung/shingle-hung windows with a lambstonge feature. The garage is fitted with a wooden tilt -up door, consistent in design to the traditional garage doors of its time. Alterations include a first floor addition at the rear to construct a laundry room and a second story addition to construct a master bedroom; both are not visible from the right-of-way or constructed to match the existing roof pitch and design in order to complement the present features of the home. The house is otherwise intact and enhanced by mature landscaping, including a complete wall covered in vines which is common for the English Revival Style of Architecture. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure CObject ❑Sita E (District IJ Element of District 130ther0- P6b. Photo: (view and date) West facing elevation 2017 *P6. Date Constructed/Age and Sources: ■historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Eric H. Halvorson and Dianne P. Halvorson 2203 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Ivan Orozco 20 Civic Center Plazas Santa Ana, CA 92702 *P9. Date Recorded: July 20, 2017 *1310. Survey Type: Intensive Survey Update *P11. Report Citation: (cite survey report and other sources, or enter "none") *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ODlstrict Record ❑Unear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1198) 25A-22 *Required Information State of Catifornla—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRt# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CMR Status Code 5S1 "KesoUrce Name or rF: F, A. MIICnell House B1. Historic Name: P. A. Mitchell House B2. Common Name: Same S3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: English Revival Style *86. Construction history: (Construction date, alterations, and date of alterations): Constructed 1930 October 22, 1930, Residence and garage. $5,000.00 March 19, 1931. Garage. $635.00 March 23, 1933, Rebuild fireplace chimney. $25.09 April 1, 1940. Alterations to residence. $500.00 January 28, 2005 Laundry room, bedroom and kitchen remodel. *B7. Moved? ■No OYes ❑Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Nylin Hurd *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: CR: 5S1 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integdty) The first residents of the home at 2203 North Ross Street were Mr, Paul Albert Mitchell and his wife, Gertrude E. MitchelL Mr. Mitchell was an Illinois native who later moved to Lebanon, Oregon before moving to Santa Ana, California. This was not the first home Mr. Mitchell moved to when he first migrated to Santa Ana, as records indicated that he held residence at 2141 North Greenleaf Street and 1201 North. Bush Street, the latter would be known as the Isaacson House which was placed on the register in the year 2600. Mr. Mitchell was a business man that also held employment as a manager at a telephone company. Mrs. Gertrude Mitchell passed in September of 1940 and Mr, Mitchell followed two years after. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Ivan Orozco *Date of Evaluation: July 20, 2017 DPR 5238 (1/95) (This space reserved for official comments.) 25A-23 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Ivan Orozco *Date duly 20, 2017 LX3 Continuation ❑ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana, The civic and commercial core of the community was centered on the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grow outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The P. A, Mitchell House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,. New York in 1922 (Talbert; pages 353-356). ".Before nightfall on the day of his arrival, Mr. Honerpurchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,004 each" (Orange County Rapists September 15, 1981). Revival architecture In a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the Ei Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer.lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue, in the We i920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years; Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1960s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the promier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The P. A, Mitchell House qualifies for listing in the Santa Ana Register of Historical Properties, for its representation of the characteristics of the EnglishRevival style. Additionally, the house has been categorized as "Contributive!' because "it is a good example of period architecture". Character defining features include roof material and roof design, original casement windows, and all exterior materials. B12. References (continued): McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A, "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Parl( Service, US Dept, of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932.1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge; MIT Press, 1969. "Alison Honor Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park," [i[tr)://www.floral-park.com/pacte2.htrii. Ancestry.com Newspapars.com (Santa Ana Register) DPR523L 25A-24 EXEMPT FROM FEES PURSUANT 7.20.1 7 LS TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-07 TO PLACE THE PROPERTY LOCATED AT 2203 NORTH ROSS STREET SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-06 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 20, 2017 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-07) and categorization (Historic Resources Commission Categorization No. 2017- 06) of the P. A. Mitchell House located at 2203 North Ross Street, Santa Ana, California 92706, B. The P. A, Mitchell House has distinctive architectural features of the English Revival style, and was built in 1930 by Nylin Hurd, C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1 as a good example of period architecture for its characteristics of the English Revival Style architecture. Character -defining features of the P. A. Mitchell House that should be preserved include, but may not be limited to, materials and finishes including the high pitched roof design, turret style front entry, original windows and doors where extant. D. The legal owners of the subject property are Eric H, Halvorson and Dianne P. Halvorson, Trustees of the Halvorson Living Trust. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimum standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2017-xx Page 1 of 4 25A-25 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 7.20,7 l5 G. The subject property meets the criteria for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2, In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-55 will be flied for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A, Historic Resources Commission Application No. 2017-07 to place the P, A. Mitchell House located at 2203 North Ross Street Santa Ana, California 92706 on the historical register, and B. Historic Register Categorization No, 2017-06 placing the P. A. Mitchell House located at 2203 North Ross Street, Santa Ana, California 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said public hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property' Description" and the public testimony; all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file In the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2017. Alberta Christy Chairperson Resolution No. 2017-xx Page 2 of 4 25A-26 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Starck Assistant City Attorney AYES: Commission mem NOES: Commission members ABSTAIN: Commission mem NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY 7.26.17 LS I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 20, 2017, M Acting Commission Secretary City of Santa Ana 25A-27 Resolution No. 2017-xx Page'3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION Exhibit A Resolution No. 2017-xx Page 4 of 4 25A-28 Address Legal Description Owner Names APN 002-111-20 2203 North Ross Street N TR 947 BLK LOT 8 Eric H. Halvorson and Dianne P. Halvorson Exhibit A Resolution No. 2017-xx Page 4 of 4 25A-28 REQUEST r.Q R � k • JULY 20, 2017 TITLE: -71 .1 T > r HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-04 FOR PROPERTY LOCATED AT 2467 NORTH RIVERSIDE DRIVE (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Ivan Orozco APPROVED rU As Recommended EJ As Amended 0 Set Public Hearing For CONTINUED TO Executive Director Planning anager 1�1JlA9M#rZM1Iit[S Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eugen Charles Andres, III and Ann Avery Andres; subject to non -substantive changes approved by the City Manager and City Attorney. Reuuest of Applicant Eugen Charles Andres, III and Ann Avery Andres are requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 2467 North Riverside Drive which is currently listed in the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property is known as the Reed House and consists of a 3,680 -square -foot two -.story Colonial Revival style residence with a detached garage on a 23,226 -square -foot residential lot located on North Riverside Drive between Flower Street and Benton Way (Exhibit 1). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA); commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner`s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: EXHIBIT B2 25A-29 HPPA No. 2017-04 July 20, 2017 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows fora mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eugen Charles Andres, III and Ann Avery Andres, subject to non - substantive changes approved by the City Manager and City Attorney. Public Notification The subject site Is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. 1n addition, the Floral Park Neighborhood president was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association president, nor was there a request that the applicant present the project to a meeting of its members, The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic; had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-52 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) 25A-30 Health, Livability, conservation and opportunities and HPPA No. 2017-04 July 20, 2017 Page 3 Conclusion Based on the analysis provided within this report, staff recommends that the Historic Resources Commission approve Historic Property Preservation Agreement No. 2017-04, Ivan Orozco Assistant Planner 11 10:jm loOstorlc DocumentsWuly 2017 HRC1Reed_House 2467 N Riverside Nva.hro Exhibits 1. 500' Radius Map 2. Mills Act Agreement 25A-31 Il i UESTFOR I- RCESCOMMISSMMEMMGOArE: JULY 20, 2017 , J u �/ 6RHISTORIC RESOURCES COMMISSION SECRETARY TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-09, HISTORIC REGISTER CATEGORIZATION NO. 2017-08, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-05 FOR PROPERTY LOCATED AT 930 WEST RIVER LANE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by _Ivan Orozco APPROVED • As Recommended • As Amended U Set Public Hearing For CONTINUED TO Executive Direotor Planning Manager Adopt a resolution approving Historic Resources Commission Application No. 2017-09 and Historic Register Categorization No. 2017-08. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Paul Anderson and Mona Shah -Anderson, subject to non -substantive changes approved by the City Manager and City Attorney, Request of Applicant Paul Anderson and Mona Shah -Anderson are requesting approval to designate an existing residence located at 930 West River Lane to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prolect Location and Site Description The subject property consists of a 3,877 -square -foot, single -story Ranch style residence and attached garage on a 18,542 -square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana I_=*4dl3ki*3 25A-33 HRCA No. 2017-09, HRC No. 2097-08 HPPA No. 20.17-05 July 20, 2017 Page 2 Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion in the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Busacca House, has distinctive architectural features of the Ranch style, and was built in 1950 by David E. Keller. Character defining features of the Busacca House that should be preserved include, but may not be limited to, materials and finishes (Exhibit 2). It is. recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is an intact example of the Ranch House style in the Fisher Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:. • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25A-34 HRCA No. 2017-09, HRC No. 2017-08 HPPA No. 2017-05 July 20, 2017 Page 3 Public Notification The subject site Is located within the Fisher Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Fisher Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31; as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-51 will be filed for this project. 5trateoic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). JmAa Ivan Orozco Assistant Planner II 10:jm io\Historic bocumentsWuly 2017 HnMBusacca House 930 W Rtverhrc Exhibits 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25A-35 HRCA NO. 2017-9/HRC NO. 2017-8 HPPA NO. 2017-5 930 WEST RIVER LANE BUSACCA HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 25A-36 EXECUTIVE SUMMARY BUSACCA HOUSE 930 W. River Lane Santa Ana, CA 92706 NAME Busacca House REF, NO, ADDRESS 930 West River Lane CITY Santa Ana 21P 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Fisher Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION5 CALIFORNIA REGISTER STATUS CODE 551 Location: ❑ Not for Publication E Unrestricted ❑ Prehistoric 0 Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in the Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's design of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for Informality, expressed in materials and plan, and indoor -outdoor Integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extending by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitch or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and batten siding, hfgh brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -pattern muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic -revival details such as an elaborated entrance, with the main entry flanked by columns and/or pilasters and sidelights, six -over -six double hung wood sash windows, and more symmetrical composition that the other stylistic variations of the Ranch House. SUMMARY/CONCLUSION; The Busacca House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch House style, Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Ranch House style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but stili of local significance. It embodies the distinctive characteristics of a type, period; region, or method of construction, or represents the work of a master, or possesses high artistic values. 551: Individual property that islistedor designated locally. EXHIBIT 2 25A-37 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other L[st[ngs Review Code or Trinomial NRHP Status Code P1. Other Identifier: *P2. Location: DNotfor Publication mUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1726 Date: *c. Address 930 West River Lane City Santa Ana Zip 92706 *e. Other Locations[ Data: Assessor's Parcel Number 001-232-20 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Busacca House is an unusual and unique ranch style of architecture. It is clad primarily in stucco with red brick accents on front facing wail and entryway. The hipped roof is topped with wood shake shingles, but with day files covering each roof seam. The structure spreads the entire width of the property with a broken hip roof at the center of the home which features a half timber design between the roof line and the brick wall. A front facing garage is located towards the north of the property. This was a common configuration in the 1950's as the status of the automobile rose, and homeowners wanted to show off their vehicles and give them a prominent place in the household. The front entry is made up of a solid wood door with glazed sidelights. To the right of the front door is a large multi -pane bay window which allows for a large amount of natural light to enter the home, while the remaining front facing windows are large casements. This site provides a long driveway constructed of Palo verde rock with red brick accents to match the home. A separate red brick path offers a connection from the street and driveway to the front entrance. The home also offers a variety of mature rose bushes and trees throughout the front yard landscape area. *1131d. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4, Resources Present: ■Building DStructure ❑Object ❑Site ODlstrict ❑Element of District ❑Other P5b. Photo: (view and date) south facing elevation 2017 *P6. Date Constructed/Age and Sources: ■historic 1950/0Hy of Santa Ana Building Permits W. Owner and Address: Paul Anderson and Mona Shah -Anderson 1210 West River Lane Santa Ana, CA 92706 *P6. Recorded by: L Orozco 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: July 20, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: DNone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record DRock Art Record ❑Artifact Record ❑Photograph Record D Other (list) DPR 523A (1195) 25A-38 *Required information State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 3 of 3 *CHR Status Code 5SI mesource tvame or s: ousacca house B1. Historic Name: Busacra House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch *B8, Construction History: (Construction date, alterations, and date of alterations): Constructed 1950 September 28, 1950. 7 room residence and attached garage. $20,000. May 29, 1980. Pool and spa. $12,000, August 1, 1980. Patio cover. $9,000. March 26,, 1983, Addition of bathroom and closet.. March 19, 2001. Reroof. *67. Moved? ■No 13Yes ❑Unknown Date: Original Location: *B8, Related Features: None, B9a. Architect: Unknown b. Builder: David E. Keller *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1985 Property Type: Single-family Residence Applicable Criteria: CR: SSI (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The first residents of the Busacca house were Mark W, Busacca and his wife, Mabel M. Busacca. The home was built by David E. Keller, who was a well-known contractor and member of the Santa Ana Breakfast Club and the Jr. Ebell Club, Mark Busacca was born in Italy and later migrated to California, more specifically to the Fresno area. While he lived In the central valley, Mark was employed by the Metropolitan Life Insurance Company as an insurance agent. The Busaccas were considered socialites of the Fresno area, and Mark was heavily Involved in many social groups, one particular membership that Mark belonged to was the Dante Club in Fresno where he also held the position of president. He and his wife moved to Bakersfield before heading south to Santa Ana. Mabel was a home maker and avid bridge player. Mr. Busacca later became a manager for the MetLife Insurance Company, Mr. Busacca passed in August of 1551 and was buried in the Fresno area. (See Continuation Sheet 3 of 3) B11. Additional Resource Attributes: (List attributes and codes), *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B% Evaluator: Ivan Orozco *Date of Evaluation: July 20, 2017 (This space reserved for official comments.) DPR 5238 (1195) 25A-39 *Required Information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Ivan Orozco *Date July 20, 2017 D Continuation *810. Significance (continued): Santa Ana was founded by W filum Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange In 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Busacca House is located In Fisher Park. The homes of the Jack Fisher Park neighborhood were built following the overwhelming success architects had in the early 1950's, when building homes using "California Ranch" architectural design and features, Homes located in our prestigious neighborhood range from 1,500-6,000 sq.ft: with lot sizes from 6,500-25,000 sq.ft. Properties within this neighborhood boast some of the largest residential sand use in any of the incorporated cities within Orange County and Southern California. Giving true meaning to the phrase, "Sprawling California Ranch" style homes. Jack Fisher Park was named after a local highly decorated World War I hero. The Busacca House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive". Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Fisher Park neighborhood, "is a good example of period architecture:" Character -defining exterior features of the Busacca House that should be preserved Include, but may not be limited to, materials and finishes (red brick and half timbers); roof configuration and detailing; original windows and doors where extant; and architectural details such as the decorative shutters. B12. References (continued): Armor, Samuel. History of Orancie County, Los Angeles: History Record Company, 1921. Cultural Heritage Commission, City of Santa Ana. 'Historical Landmarks, inventory Form, Bowers Museum," September 12, 1979. Available at the Santa Ana Public Library History Room. Harris, Cyril M American Architecture., An Illustrated Encyclopedia. New York WW Norton, 1998. Marsh, Diann, Santa Ana,An111ustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept, of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. "Sacramento., March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. Flmerfcan Architecture Since 1780: Cambridge: MIT Press, 1959. "Anson Honer Dies at 84," The Santa Ana Journal. September 21, 1981. "Builder of Honer Plaza Dies, "Orange CountyRedister, September 16, 1981.. "History of Floral Park." httpa/www.floral-park,com/pa eg 2.htmM. "Dr. Geddes Rites Friday, "Santa Ana Reglstar, April 4, 9974. DPR523L 25A-40 EXEMPT FROM FEES PURSUANT 7.20.17 Ls TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-09 TO PLACE THE PROPERTY LOCATED AT 930 WEST RIVER LANE SANTA ANA ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-08 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 20, 2017 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-09) and categorization (Historic Resources Commission Categorization No. 2017- 08) of the Busacca House located at 930 West River Lane Santa Ana, California 92706. B. The Busacca House has distinctive architectural features of the Ranch style, and was built in 1950 by David E. Keller, C. This home quallfies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1 as a good example of period architecture for its characteristics of the Ranch Style architecture. Character -defining features of the Busacca House that should be preserved include, but may not be limited to; materials and finishes including the red brick and half-timber features; roof configuration and detailing; original windows and doors where extant; and architectural details such as the decorative shutters. D. The legal owners of the subject property are Paul Anderson and Mona Shah -Anderson. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code, Resolution No. 2017-xx Page 1 of 4 25A-41 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 120.17 LS G. The subject property meets the criteria for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources, Categorical Exemption No. 2017-51 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-09 to place the Busacca House located at 930 West River Lane Santa Ana, California 92706 on the historical register, and B. Historic Register Categorization No. 2017-08 placing the Busacca House located at 930 West River Lane, Santa Ana, California 92706 within the Contributive category. These decisions are based upon the evidence_ submitted at the above said public hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4, For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029, ADOPTED this day of 2017. Alberta Christy Chairperson Resolution No, 2017-xx Page 2 of 4 25A-42 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY 7.26.17 LS I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 20, 2017. Date: Acting Commission Secretary City of Santa Ana Resolution No. 2017-xx Page 3 of 4 25A-43 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 M o A APN Address Legal Description Owner Names 001-232-20 930 West River Lane N TR 1160 QLK LOT 5 (Lot 6 ELY 40FT THEREOF) Paul Anderson and Mona Shah -Anderson Exhibit A Resolution No, 2017-xx Page 4 of 4 25A-44 REQUEST r.. F r 0 r Historic Resources Commission Action HISTORGRESOURCESCOMISSIONMEETING DATE: nn° JULY i 2017 PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-131 HISTORIC REGISTER CATEGORIZATION NO. 2017-12, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-09 FOR PROPERTY LOCATED AT 1710 NORTH HELIOTROPE DRIVE {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Ivan Orozco APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager 1. Adopt a resolution approving Historic Resources Commission Application No, 2017-13 and Historic Register Categorization No. 2017-12. 2, Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Ryan Arthur Grossheim and Andrew Michael Layton, subject to non -substantive changes approved by the City Manager and City Attorney. Ryan Arthur Grossheim and Andrew Michael Layton are requesting approval to designate an existing residence located at 1710 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,375 -square -foot, single -story Tudor Revival style residence and detached garage on an 8,500 -square -foot residential lot (Exhibit 1). Analvsis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B4 25A-45 HRCA No. 2017-13, HRC No. 2017-12 HPPA No, 2017-09 July 20, 2017 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion in the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Shaffer House, has distinctive architectural features of the Tudor Revival style, and was built in 1931 by an unknown builder. Character defining features of the Shaffer House that should be preserved Include, but may not be limited to, materials and finishes (Exhibit 2), It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is an intact example of the Tudor Revival style in the Floral Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25A-46 HRCA No. 2017-13, HRC No. 2017-12 HPPA No. 2017-09 July 20, 2017 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-54 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 5 Community Health, Livability, Engagement & Sustainability; Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ivan Or ca Assistant Planner it 10;jm U1.11stork UooumantslJuly=7 HRCIShalfer Howse 1710 N Neliutrape.hro Exhibits 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25A-47 500' RADIUS HRCA NO. 2017-13/HRC NO. 2017-12 HPPA NO. 2017-9 1710 NORTH HELIOTROPE DRIVE SHAFFER HOUSE PLANNING AND BUILDING AGENCY W-61 EXECUTIVE SUMMARY SHAFFER l ro NAME Shaffer House REF. NO. ADDRESS 1710 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 551 Location: ❑ Not for Publication ❑ Unrestricted ❑ Prehistoric [0 Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its Inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARYICONCLUSION: The Shaffer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Tudor Revival "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) S: Ineligible for the National Register, but still of local significance. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Individual property that is listed or designated locally EXHIBIT 2 25A-49 DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD NRNP Status Code Other Listings Review Code :e name(s) or number to P1. Other Identifier. *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 1710 N. Heliotrope Drive City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002-094-07 *P3a, Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Shaffer House is designed in a unique Tudor Revival Style of architecture. The home is sheathed in stucco and has a steeply pitched gable roof design, The structure is capped with a shingle roofing material. The largest of the gables runs east to west and Is located at the front elevation, making it a prominent feature of the front of the home. At the roof apex is a series of matching triangular attic vents. There are two chimneys to the home; the southern chimney which is located adjacent to the front entry is capped with terracotta chimney pots and wrapped In brick from the mid height to the top, creating a variation of use in accent materials. The additional chimney to the north of the home is the more modest of the two, with minimal variation in materials, nonetheless creating a sense of symmetry to the layout of the home. The entry which is accessed from the south elevation opens onto an arched covered porchlet, elevated on two steps. The front door, in true Tudor style is a solid wood round top glass panel door. The windows throughout the home are a combination of multi -pane casements and wood single - hung windows . The garage is fitted with a modern door, highlighted in a dark brown color, helping create consistency in the design throughout the home. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ®Structure DObject ❑Site ❑District ❑Element of District DOtherO- P5b. Photo: (view and date) East facing elevation 2017 W. Date Constructed/Age and Sources: ■historic 19311Clty of Santa Ana Building Permits *P7. Owner and Address: Ryan Arthur Grossheim and Andrew Michael Layton 1710 N. Heliotrope Drive Santa Ana, CA 92706 *P0. Recorded by: Ivan Orozco 20 Civic Center Plazas Santa Ana, CA 92702 *P9. Date Recorded: July 20, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation; (Cite survey report and other sources, or enter "none") *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet /Building, Structure, and Object Record ❑Archaeological Record ❑District Record OLinear Feature Record DMllling Station Record ❑Rock Art Record DArtlfact Record ❑Photograph Record D Other (list) DPR 523A (1195) 25A-50 *Required information S , � rs` �a il P5b. Photo: (view and date) East facing elevation 2017 W. Date Constructed/Age and Sources: ■historic 19311Clty of Santa Ana Building Permits *P7. Owner and Address: Ryan Arthur Grossheim and Andrew Michael Layton 1710 N. Heliotrope Drive Santa Ana, CA 92706 *P0. Recorded by: Ivan Orozco 20 Civic Center Plazas Santa Ana, CA 92702 *P9. Date Recorded: July 20, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation; (Cite survey report and other sources, or enter "none") *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet /Building, Structure, and Object Record ❑Archaeological Record ❑District Record OLinear Feature Record DMllling Station Record ❑Rock Art Record DArtlfact Record ❑Photograph Record D Other (list) DPR 523A (1195) 25A-50 *Required information State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page JE of 3 *CHR Status Code 5S1 Resource rvame or sr onaner rrouse B1. Historic Name: Shaffer House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival Style *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 December7, 1931. Residence and garage. $4,500. December 14, 2000 Reroof, September 22, 2016 Remodel hallway bathroom. *67, Moved? MNo ❑Yes MUnknown Dater Original Location: *68. Related Features: None. B9a, Architect: Unknown b, Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895.1965 Property Type: Single-family Residence Applicable Criteria: CR; 5S1 (Discuss importance In terns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The first residents of this home were Rockford John Shaffer and his wife, Addie H. Shaffer, Rockford was originally from Champaign County, Ohio. The couple met and later wed in Ohio in 1912. Mr. Shafferwas born In 1887, while Mrs. Shaffer, ten years his senior was born In 1877. Rockford laterjoined the military efforts to help end World War I by enlisting with the United States Navy. After his service, the couple moved to Los Angeles, California before moving to Santa Ana, Rockford held many jobs a mechanic, custodian, carpenter and salesman. Addie Shaffer was a home maker. The Shaffers were heavily Involved in the Santa Ana community and large supporters of the arts. Mr. Shaffer in his later years, volunteered at the Santa Ana High school as a caretaker and advisor for the stage crew. He led and directed the stage crew members In making sets for school plays. Addle passed in 1954 and Rockford followed in 1955, The home was sold to Leon L. and Margaret R. Logush in 1955. The Logushes occupied the home with their two children, Sandra and Michael until 2015 when it was sold to the current owners Ryan Grossheim and Andrew Layton, Just as John Shaffer did in his time, Mr. Layton also advises young theater students In design and backstage activities, at a local California public school, thus creating a larger full -circle history of its tenant's professions 65 years later. B11, Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998, Marsh, Diann, Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994, (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Ivan Orozco *Date of Evaluation: July 20, 2017 (This space reserved for official comments.) DPR 5236 (1/95) 25A-51 Sketch MSA 002-094.07 1710 N. Heliotrope Drive is wd ri rN, n Sr ation State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) .matter House *Recorded by Ivan Orozco "Date July 20, 2017 W Continuation 11 Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered on the interseetlon of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a cityin 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Shaffer House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges; avocados and walnuts, and widely scattered ranch houses characterized this area before '1920. Developer and builder Allison Honer (1897.1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, Now York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honerpurchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15,1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County RegisteY„September 15,1981). Revival architecture in a wide variety of romantic styles was celebrated In the 1920s and 19305; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the tate 1920s and 19306; another builder, Roy Roscoe Russell (1881.1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West NineteenthStreetand West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, Including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War It years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing In the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007); Floral Park maintains Its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Shaffer House qualifies for listing in the Santa Ana Register of Historical Properties, for its representation of the characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive” because "it is good example of period architecture'. Character defining features Include roof material and chimney configuration, original casement windows, and all exterior materials. B12. References (continued): McAlester, Virginia and lee, A Field Guide to American Houses. New York: Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept, of the Interior; 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. W hiffen, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969, "Alison Honer Dies at 84," 1he5anta Ana JourrLaal, September 21, 1981. ".Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." hh�'(fwww floral-oark.comfoago htm' Ancestry;com Newspapers.com.(Santa Ana Register) DPR 523L 25A-52 EXEMPT FROM FEES PURSUANT 7.20.17 L$ TO GOVERNMENT CODE § 8103 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-13 TO PLACE THE PROPERTY LOCATED AT 1710 NORTH HELIOTROPE DRIVE SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-12 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 20, 2017 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-13) and categorization (Historic Resources Commission Categorization No. 2017- 12) of the Shaffer House located at 1710 North Heliotrope Drive, Santa Ana, California 92706. B. The Shaffer House has distinctive architectural features of the Tudor Revival style, and was built in 1931 by an unknown builder. C, This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1 as a good example of period architecture for its characteristics of the Tudor Revival Style architecture, Character -defining features of the Shaffer House that should be preserved include, but may not be limited to, materials and finishes including the dual chimneys and terracotta chimney pots and brickwork; roof configuration and detailing; original windows and doors where extant; and architectural details such as the picture window in the front elevation. D. The legal owners of the subject property are Ryan Arthur Grossheim and Andrew Michael Layton. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimum standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No.2017-xx Page 1 of 4 25A-53 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 7:20.17 LS G, The subject property meets the criteria for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California. Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources, Categorical Exemption No. 2917-54 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-13 to place the Shaffer House located at 1719 North Heliotrope Drive Santa Ana, California 92706 on the historical register, and B. Historic Register Categorization No. 2017-12 placing the Shaffer House located:at 1710 North Heliotrope Drive, Santa Ana, California 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said public hearing„ which Includes, but is not limitedto. the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2017. Alberta Christy Chairperson Resolution No. 2017-xx Page 2 of 4 25A-54 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY 7.20.17 LS I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 20, 2017. Date: Acting Commission Secretary City of Santa Ana Resolution No, 2017-xx Page 3 of h 25A-55 EXEMPT FROM FEES PURU&ANT TO GOVERNMENT CODE § 8103 LEGAL DESCRIPTION APN Address Legal DescriptionOwner Names 002-094-07 1710 North Heliotrope Drive N TR 748 BLK LOT 28 Ryan Arthur Grossheim and Andrew Michael Layton Exhibit A Resolution No. 2017-xx Page 4 of 4 25A-56 REQUEST RHistoric Resources �O Commission DAM JULY 20, 2017 PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-14, HISTORIC REGISTER CATEGORIZATION NO. 2017-13, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-10 FOR PROPERTY LOCATED AT 2529 NORTH VALENCIA STREET {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by jvan Orozco __ HISTORIC RESOURCES COMMISSION SECRETARY APPROVED Cl As Recommended a As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-14 and Historic Register Categorization No, 2017-13, 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Zetulio Jimenez and Adriana De La Rosa, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Zetulio Jimenez and Adriana De La Rosa are requesting approval to designate an existing residence located at 2529 North Valencia Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 2,487 -square -foot, single -story Ranch style residence and attached garage on a 12,545 -square -foot residential lot (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana EXHIBIT B5 25A-57 HRCA No. 2017-14, HRC No. 2017-13 HPPA No. 2017-10 July 20, 2017 Page 2 Municipal Code (SAMC). This ,project entails applying the selection criteria established ih Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion in the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the R. D. Bird House, has distinctive architectural features of the Ranch style, and was built in 1937 by Jasper Farney. Character defining features of the R. D. Bird House that should be preserved include, but may not be limited to, materials and finishes (Exhibit 2), it is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive` because it is considered an intact example of the Ranch House style in the Park Santiago neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3), To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance, Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. 25A-58 HRCA No. 2017-14, HRC No, 2017-13 HPPA No. 2017-10 July 20, 2017 Page 3 Public Notification The subject site is located within the Park Santiago Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Park Santiago Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was postedwith a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. GEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 201.7-53 will be filed for this project. Strata; is Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). UM//" Ivan Orozco Assistant Planner 11 IO:jm @\W9torla Cocument5\July 2017 HRC\R, D. Slyd House 2529 N Valenola.hrc Exhibits 1. 500' Radius Map 2. Department of Parks and Recreation Form 3. Mills Act Agreement 25A-59 HRCA NO. 2017-14/HRC NO. 2017-13 HPPA NO. 2017-10 2529 NORTH VALENCIA STREET R. D. BIRD HOUSE PLANNING AND BUILDING AGENCY WX266 EXECUTIVE SUMMARY NAME R. D. Bird House REF, NO. ADDRESS 2529 North Valencia Street CITY Santa Ana ZIP 92708 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago pALIFpRNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in the Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 19708. The Ranch House originated in the 1930's design of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time; with a central block extending by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitch or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -pattern muntins. Ornamentation Includes rusticated elements, such as carved porch supports and exposed rafters; uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House Incorporates classic -revival details such as an elaborated entrance, with the main entry flanked by columns and/or pilasters and sidelights, six -over -six double hung wood sash windows, and more symmetrical composition that the other stylistic variations of the Ranch House. SUMMARY/CONCLUSION: The R. D. Bird House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Ranch House style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: - California Reglster Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series #7, °How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: Ineligible for the National Register, but still of local significance. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 551: Individual property that is listed or designated locally. E21&A261 )F PARKS AND RECREATION HRI # RECORD Trinomial NRHP Status Code Other Listings Review Code__ Reviewer Date Resource name(s) or number: R. D. Bird House P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2529 North Valencia Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 396-422-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The R. D. Bird House is a unique example of Ranch Style of architecture. The one-story home is primarily wrapped in shiplap wood siding with the exception of the front elevation, which uses brick in a weeping mortar finish to cover the majority of the front elevation and is also used as a base material for a secondary front elevation wall. Typical to most Ranch house style homes, the residence is capped with a medium -pitched hip roof with gable roof designs Incorporated throughout. The roofing material is a composition shingle. The home has an attached two -car garage to the north of the property, located behind the residence which provides a large concrete driveway leading to the garage. The front elevation offers two large bay windows with three individual singlo-hung wood windows and a standing seam awning just above the windows. There are two different porthole windows, one is located just behind the front door entrance with the additional on the opposite side of the home and differs from the first through a diamond pattern design. Both porthole windows help to provide a balance of the front elevation. The remaining windows throughout the home are solid single -hung wood windows with wood sills. The front door faces the north and provides a simple two-step concrete landing under a standing seam awning. A small brick planter stretches the width of the home and is also finished with a similar weeping mortar finish to match the home. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building OStructure ❑Object []Site []District []Element of District []Other P5b. Photo: (view and date) East facing elevation July 2017 W. Date Constructed/Age and Sources: ■historic 1937ICity of Santa Ana Building Permits W. Owner and. Address: Zotutlo Jimenez and Adrian De Le Rosa 2529 N. Valencia Street Santa Ana, CA 92706 *P8. Recorded by: t. Orozco 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: July 20, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite suNey report and other sources, or enter "none") None. *Attachments: ONone []Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record []Milling Station Record ORock Art Record []Artifact Record OPhotograph Record O Other (list) DPR 523A (1195) 25A-62 *Required information 5 r i Si P k`-�idr,v n. <.� r Ha F )C7< P5b. Photo: (view and date) East facing elevation July 2017 W. Date Constructed/Age and Sources: ■historic 1937ICity of Santa Ana Building Permits W. Owner and. Address: Zotutlo Jimenez and Adrian De Le Rosa 2529 N. Valencia Street Santa Ana, CA 92706 *P8. Recorded by: t. Orozco 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: July 20, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite suNey report and other sources, or enter "none") None. *Attachments: ONone []Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record []Milling Station Record ORock Art Record []Artifact Record OPhotograph Record O Other (list) DPR 523A (1195) 25A-62 *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI#- _ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Coda 6S1 RCOV W Gw Plantu 4r #. 1'{. V. CHU nuudie B1. Historic Name: R. Q. Bird House B2. Common Name: Same B3, Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1937 September 22, 1937, Residence and garage, $10,600, October 14, 1985. Addition of bedroom and bath. September 13, 2002. Reroof. *B7. Moved? ■No OYes OUnknown Date; Original Location: *B8. Related Features: None. 89a. Architect: Unknown b. Builder: JasperFamey *819. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: CR: 5$1 (Discuss Importance in terms of historicalor architectural context as defined by theme, period, and geographic. scope, Also address Integrity) Mr. Richard Bird and his wife, Gertrude M. Bird were the first residents to occupy the home at 2529 North Valencia Street. Richard was an Arkansas native, while Gertrude was born In the state of California. Richard was also a resident of Seattle Washington before migrating to Santa Ana. Prior to moving into the home, the couple rented a single-family residence at 2045 North Greenleaf Street, in the Floral Park Neighborhood, Mr. Bird was the president of an oil sales company called Bird's Motor Fuels, Ltd, which distributed for the MacMillan Petroleum Company. Gertrude Bird was a home maker. Both were avid bridge players and held lavish parties for their neighbors. The couple had one child, Maxine M. Bird, who was born in 1926. Mr. Bird was later the victim of a "revenge" stabbing in 1941. According to the newspapers, Richard was traveling on Palisades Road near the Santa Ana Country Club when he lost control and hit two large eucalyptus trees, hurling Mr. Bird out of the car. The car was found in a ditch and Richard was found the following morning with stab wounds on both sides of the throat nearly missing the jugular by a fraction of an Inch. Mr. Bird passed away In 1941 and was buried in the Fairhaven Mausoleum. (See Continuation Sheet 3 of 3.) B11, Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *13114. Evaluator: Ivan Orozco *Date of Evaluation: July 20, 2017 UPR 5238 (1195) (This space reserved for official comments.) *B10. Significance (continued): 25A-63 Sketch Map: 398-422-Q3 2529 N. Valencia Street , Us 0- c Row !05:1� (D_ _(D r a Ir rmation NO 9 3 `" X733 i s `✓ NO rnmary tr HRI #, by Ivan Orozca *Date July20; 2017 D Continuation 0 Update Santa Ana was founded by William Spurgeon In 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the Intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fa Railroad and incorporation as a city In 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north; south, and east of the city center. Agricultural uses predominated In the outlying areas; with cultivated fields and orchards dotted with widely scattered farmhouses. The R. D. Bird House Is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north; East Seventeenth Street on the south, North Lincoln Avenue on the east; North Main Street on the west, and the 1-5 freeway on the southwest. to large part; these boundaries reflect the transportation tines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North. Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents wore ranchers, By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had boon partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation In the city directories. This pattern of land use was evident an the 1912 plat map of the City, which illustrated two small, Craftsman -ora subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided Into larger agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid -1920s, most of the present day streets west of Santiagohad been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners merchants, and people in service professions such as painters, electricians; and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and ofcials, Including the City Attorney (Z.B. West, Jr., 921 East Santa Clara Avenue), County Supervisor, First District (CH, Chapman, 2315 North Santiago Street), County Surveyor (E.H. Irwin, 2407 North Santiago Street), and County Auditor Gillam C. Jerome, 2422 Poinsettia Street). ByApril 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single. family homes, many In the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War fl: The R, D. Bird Nouse qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the distinguishing characteristics of the Ranch style of architecture. The residence features several Ranch House qualities, making it a prime example of the transitional period between both styles of architecture. Typical features of this style illustrated by the house Include Its messing and symmetrical u -shape composition; medium -pitched roof; shiplap wood siding finish; wood -framed single-hung/double-hung windows; and attached chimney. Additionally, the house has been categorized as "Contributive " because It "'contributes to the overall character and historyor Santa Ana, and, as an intact example of the Ranch style in the Park Santiago neighborhood, "is a good example of period architecture." Character - defining exterior features of the R. D: Bird House that should be preserved include, but may not be limited to, materials and finishes (siding finish); roof design and detailing; original windows and doors where extant. "812: References (continued). Hares, Cyril M. AmerlcanArenitecture: An Illustrated Encvcl podia. New York, WW Norton, 1998; Marsh, Diann, Santa Ana An illustrated History, Encinitas, Heritage Publishing, 1994. McAlester Virginia and Lee. A Field Guide to Amortran Houses: New Yorke Alfred A. Knopf, 1984. National Register Bulletin 16A; "How to Complete the National Register Registration Form, " Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912 Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926.1961, DPR 523L 25A-64 EXEMPT FROM FEES PURSUANT 7.20. 17 us TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-14 TO PLACE THE PROPERTY LOCATED AT 2529 NORTH VALENCIA STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-13 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 20, 2017 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-14) and categorization (Historic Resources Commission Categorization No. 2017- 13) of the R. D. Bird House located at 2529 North Valencia Street, Santa Ana, California 92706. B. The R. D. Bird House has distinctive architectural features of the Ranch style, and was built in 1937 by Jasper Farney, C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive under Criterion 1 as a good example of period architecture for its characteristics of the Ranch Style architecture. Character -defining features of the R. D. Bird House that should be preserved include, but may not be limited to, materials and finishes including the brick facade with a weeping mortar finish; roof configuration and detailing; original windows and doors where extant; and architectural details such as the porthole windows. D. The legal owners of the subject property are Zetullo Jimenez and Adriana De La Rosa, E: The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimum standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2017-xx Page 1 of 4 25A-65 EXEMPT FROM PEES PURSUANT 7.20.17 Ls To GOVERNMENT CODE § 8103 G. The subject property meets the criteria for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-53 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-14 to place the R. D. Bird House located at 2529 North Valencia Street Santa Ana, California 92706 on the historical register, and B. Historic Register Categorization No. 2017.13 placing the R. D. Bird House located at 2529 North Valencia Street, Santa Ana, California 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said public hearing, which includes, but is not limited to: the. Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled ''Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to. file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2017. Alberta Christy Chairperson Resolution No. 2017-xx Page 2 of 4 25A-66 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 8103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney 7.20.17 LS AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 20,2 017. Date: Acting Commission Secretary City of Santa Ana 25A-67 Resolution No. 2017-xx Page 3 of A EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Legal Description Owner Names 396-422-03 2529 North Valencia Street TR 733 LOT 5 (AND N 28 FT LOT 6) Zetulio Jimenez and Adriana De La Rosa Exhibit A Resolution No. 2017-xx Page 4 of 4 25A-68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: INCLUSIONARY HOUSING AGREEMENT WITH M & A GABAEE TO RECEIVE $717,388.10 (STRATEGIC PLAN NO. 5, 3B) INTERI IT MANAGE 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 Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with M & A Gabaee, a California Limited Partnership, in an amount not to exceed $717,388.10, subject to non -substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At their Regular Meeting on May 24, 2017, the Community Redevelopment and Housing Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with M & A Gabaee, a California Limited Partnership, in an amount not to exceed $717,388.10 by a vote of 4:0 (De Leon and Garcia absent). DISCUSSION The Housing Opportunity Ordinance ("Ordinance") encourages the development of affordable housing by requiring the inclusion of affordable units within developments that involve either an increase in the density otherwise available under applicable zoning and development standards; a change in land use designation from a zoning regulation that does not permit residential uses to one that does permit residential uses; or the conversion of rental units to condominium ownership. This ordinance applied to all projects entitled after November 2011. Developers have the option to pay an in -lieu fee based on the habitable square foot of the project to satisfy the Ordinance requirements. M & A Gabaee, developer of the project located at 421 North Harbor Boulevard (Exhibit 1), will comply with the Housing Opportunity Ordinance by paying an in -lieu fee of $9.35 per habitable square foot in the total approximate amount of $717,388.10. Currently, the developer expects to pay this fee and pull their first building permit in April 2018. This project will be paying $9.35 per 2513-1 Inclusionary Housing Agreement — M & A Gabaee August 15, 2017 Page 2 habitable square foot instead of $15.00 per square foot because the project is considered a "Pipeline Project" under the Housing Opportunity Ordinance adopted by City Council in October 2015. A "Pipeline Project" is any project for which an application was submitted and the application was deemed complete prior to August 4, 2015. The development is a mixed-use project that will consist of a 4 -story building with 94 studio, one - and two-bedroom rental units, and 11,000 square feet of commercial retail space along North Harbor Boulevard, designed around a five -story parking structure. The units will range in size from 517 to 1,196 square feet. The project will also include 18 percent of the 1.85 acre site (14,506 square feet) to be dedicated for common open space and recreational areas. The entire development is market -rate housing. The estimated start date for construction is April 2018 and it will take approximately 14 — 16 months to complete. The project will be built in one phase. The developer has been working with staff to complete the documents required by the Housing Opportunity Ordinance. The Inclusionary Housing Agreement (Exhibit 2) satisfies the inclusionary housing requirement of the project and is consistent with the standards set forth in the Ordinance. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy B (Ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria provide a minimum of 15% affordable units). FISCAL IMPACT It is anticipated that funds in the amount of $717,388.10 will be received according to the Inclusionary Housing Plan which details that the fee is to be paid prior to obtaining the first building permit related to the project. Upon receipt, the revenues will be deposited into the Inclusionary Housing Fund revenue account (no. 41718002-57896). Robert C. C rte Deputy City anager City Manager's Office Exhibits: 1. Location Map 2. Inclusionary Housing Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Dp Executive Director Finance and Management Services Agency 25B-2 p w M.F.R. V M.F.R. zGOMMEREIAL w S.F.R. S.F.R. Q p w S.F.R. M.F.R. } L7 W O] —y CO MMERCIAL m CO MERCIAL 5TH STREET y�� tis Pii . s RC C MM E RCI P L I w w COMMERCI L -' S.F.R. � u z u o m S.F.R. `^ w COMMERCIAL 2 Q 2i M.F.R. O S.F.R. u Q w O S.F.R. w } a w z u� M.F.R. LL � LL w m o z V N S.F.R. •\ 421 NORTH HARBOR BOULEVARD cw P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 25B-3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded without fee. (Space Above This Line For Recorder's Use only) (Government Code, §§ 6103 and 27383) INCLUSIONARY HOUSING AGREEMENT THIS INCLUSIONARY HOUSING AGREEMENT is dated as of August 15, 2017, by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and M & A GABAEE, a California limited partnership ("Developer"). RECITALS A. The City's Housing Opportunity Ordinance ("Ordinance") was originally adopted by the City Council on November 28, 2011 and is codified in Article XVIII.1 Section 41 — 1900 of the City's Municipal Code. The Ordinance was amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS - 2885. B. The Developer is the fee owner of the property located at 421 North Harbor Boulevard, Santa Ana, California ("Property"). C. The Developer desires to, at the Developer's sole cost and expense, develop a ninety-four (94) unit rental apartment project on the Property ("Project"). D. On May 17, 2016, the City Council: approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1 City of Santa Ana 25B-4 Environmental Review No. 2015-09; adopted a resolution approving General Plan Amendment No. 2016-02; adopted an ordinance approving Amendment Application No. 2016-02; adopted a resolution approving Tentative Tract Map No. 2016-02 as conditioned; and, approved the vacation of excess right-of-way on First Street, which sets forth the City Approvals for the Project. E. The Program Director, acting on behalf of the City, approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance and the Administrative Procedures Manual established by the City Council to implement the Ordinance requirements. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement, as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Inclusionary Housing Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City and the Developer, the Parties, agree as follows: DEFINITIONS OF TERMS The following words, terms and phrases are used in this Inclusionary Housing Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation. Administrative Procedures means the regulations promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual — Developer Requirements dated January 2014, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Developer of Inclusionary Units. Indusionary.Housing Agreement -in-Lieu Fee Payment Page 2 City of Santa Ana 25B-5 City means the City of Santa Ana, California. City Approvals are defined as the entitlement approvals and the Inclusionary Housing Plan that must be approved by the Program Director prior to the issuance of building permits for the Project. City Council means the City of Santa Ana City Council, Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section I of this Inclusionary Housing Agreement. Developer means the developer of the Project. Effective Date means the date on which this Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and this Inclusionary Housing Agreement is delivered to the Developer. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article 1 —Section V. Inclusionary Housing Fund means a separate fund of the City which is codified in Article XVI11.1 Section 41-1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to low and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Inclusionary Housing Plan means a plan submitted for approval to the Program Director that details the manner in which the Inclusionary Housing obligations will be fulfilled by the Project. The Inclusionary Housing Plan form is presented in Attachment B of the Administrative Procedures Manual, and also attached as Exhibit 3 to this Inclusionary Housing Agreement. In -Lieu Fee refers to a fee that may be paid by the Property Owner in specific circumstances in lieu of providing Inclusionary Units within a Project. These Inclusionary Housing Agreement - in -Lieu Fee Payment Page 3 city of Santa Ana r circumstances are identified in Section II -A of the Administrative Procedures Manual. The In -Lieu Fee calculation worksheet is updated quarterly. The current Affordable Housing In -Lieu Fee calculation worksheet schedule is presented in Attachment J of the Administrative Procedures Manual. Ordinance means the Housing Opportunity Ordinance originally adopted by the City Council on November 28, 2011, and as amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885, which is codified in Article XVIIL1 Section 41-1900 et seq. of the City's Municipal Code. Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement, Program Director has the day-to-day authority for making determinations related to the Ordinance and Administrative Procedures Manual. The Program Director will be appointed by the Executive Director. Project means the owner -occupied housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property, as shown on Exhibit 2 attached to this Inclusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this Inclusionary Housing Agreement. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 4 City of Santa Ana 25B-7 ARTICLE 1 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE; RECITALS; AND EXHIBITS Parties to this Inclusionary Housing Agreement -A. City. The City is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana Community Development Agency 20 Civic Center Plaza, M-26 Santa Ana, California 92701 Attention: Program Director Facsimile Number: (714) 647-6549 I.B. Developer. The Developer is a California limited partnership. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: M & A GABAEE, a California limited partnership 9034 West Sunset Blvd West Hollywood, CA 90069 Attention: Tom Lao Tel: (310) 247-0940 Fax: (310) 432-5477 Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5 City of Santa Ana r II. Developer Representations and Warranties The representations and warranties of the Developer contained in Article 1 — Section II shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date. The Developer's liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Inclusionary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement. The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: it -A. The Developer is a California limited partnership, lawfully entitled to do business in the State of California and the City. The Developer has the legal right, power and authority to enter into this Inclusionary Housing Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this Inclusionary Housing Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer. 11.8. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Inclusionary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party (other than Developer) is required for the Developer's authorization to enter into this Inclusionary Housing Agreement. II -C. Neither the execution of this Inclusionary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or to the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 6 City of Santa Ana 25B-9 II -D. This Inclusionary Housing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Inclusionary Housing Agreement shall be duly executed by, and to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. III. Effective Date This Inclusionary Housing Agreement is dated August 15, 2017 for reference purposes only. This Inclusionary Housing Agreement shall not go into effect before the Effective Date. IV. Recitals The Recitals set forth above are true and correct. The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference. V. Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference into the text of this Inclusionary Housing Agreement. Exhibit 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designations Exhibit 3 Inclusionary Housing Plan Inclusionary Housing Agreement - In -Lieu Fee. Payment Page 7 City of Santa Ana. 25B-10 ARTICLE 2 INCLUSIONARY HOUSING COVENANTS Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance and the Administrative Procedures Manual. The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies in all material respects with this Inclusionary Housing Agreement and the requirements set forth in all the foregoing documents. II. In -Lieu Fee In lieu of providing any Inclusionary Units as may be required under the Inclusionary Housing Plan, the Developer shall pay to the City the sum of $717,388.10, as detailed in the Inclusionary Housing Plan attached hereto as Exhibit 3 and incorporated herein by reference, prior to obtaining the first building permit related to the Project. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 8 City of Santa Ana 25B-11 ARTICLE 3 DEFAULTS AND REMEDIES I. Default If either Party defaults with regard to any provision of this Inclusionary Housing Agreement, the non -defaulting Party shall serve written notice of such default upon the defaulting Party. If, after the service of written notice of such default, the defaulting Party does not cure such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this Inclusionary Housing Agreement, and may be liable to the other Party for damages caused by such Default. Alternatively, the non -defaulting Party, at its option, may institute an action for specific performance of the terms of this Inclusionary Housing Agreement, It. Legal Actions In the event of a breach or potential breach of program requirements, in addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement. II -A. In the event of a Developer Default, the City's actions may include, but are not limited to, the following: 1. The following legal actions: a. Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; b. Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; and, Inclusionary Housing Agreement - In -Lieu Fee Payment Page g City of Santa Ana 25B-12 c. Injunctive relief and damages if so determined by competent court action, 2. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. II -B. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement, II -C. In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or in such other manner as may be provided by law. Developer may pursue all remedies available at law or in equity. II -D, In the event that any legal action is commenced by the City against the Developer, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. III. Rights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 10 City of Santa Ana 25B-13 ARTICLE 4 GENERAL PROVISIONS 1. Notices, Demands and Communications between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Inclusionary Housing Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated in Article 1 — Section I of this inclusionary Housing Agreement. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered, if dispatched by messenger, or two (2) calendar days after it is placed in the United States mail. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Article 1 — Section I. II. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inclusionary Housing Agreement, or in the development of the Property, shall participate in any decision relating to this Inclusionary Housing Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. Ill. Non -liability of City or City Officials and Employees / Non -liability of Developer Personnel No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in Inclusionary Housing Agreement - In -Lieu Fee Payment Page 11 City of Santa Ana 25B-14 the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary Housing Agreement. Accordingly, no person, contractor, consultant, attorney or employee of the Developer shall be personally liable to the City in the event of a breach or Default by Developer. IV. Indemnification The Developer agrees to indemnify and hold the City, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any negligent or wrongful act or omission of the Developer in performing its obligations hereunder. The City agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs expenses and fees arising from or related to any negligent or wrongful act or omission of the City in performing its obligations hereunder. V. No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction. Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times. VI. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs. The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. VII. Jurisdiction and Venue Any legal action or proceeding concerning this Inclusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in Orange County, California, Each Party hereto irrevocably consents to the Inclusionary Housing Agreement - (n -Lieu Fee Payment Page 12 City of Santa Ana 25B-15 personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including without implied limitation, federal district court due to any of the following: Any diversity of citizenship between the City and the Developer; or The fact that the City is a party to such action or proceeding; or That a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394. The Developer acknowledges that the provisions of this Article 3 — Section VII are material consideration to the City for its entry into this Inclusionary Housing Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum. Vlll. Successors and Assigns This Inclusionary Housing Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. IX. No Third Party Beneficiaries The performance of the City's and the Developer's respective obligations under this Inclusionary Housing Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided otherwise herein. No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Party to this Inclusionary Housing Agreement as a result of that Party's performance or non-performance under this Inclusionary Housing Agreement, or for the enforcement of any provisions of this Agreement, except as expressly provided otherwise herein. X. Entire Agreement This Inclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental hereto. This Inclusionary Housing Agreement Inclusionary Housing Agreement - In -Lieu Fee Payment Page 13 City of Santa Ana 25B-16 supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. XI. Recordation The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement, against the Property in the Office of the County Recorder of Orange County, California. The legal description for the Property is provided in Exhibit 1 to this Inclusionary Housing Agreement. XII. Termination Except as set forth elsewhere, this Inclusionary Housing Agreement shall be terminated after payment of in -lieu fee to City, which shall occur prior to Developer obtaining its first building permit. Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder. The City and the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as encumbrance against title to any portion of the Property. Inciuslonary Housing Agreement - In -Lieu Fee. Payment Page 14 City of Santa Ana 25B-17 IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below. SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT ATTEST: CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Maria Huizar, Clerk of the Council By: Its: Interim City Manager Date: LEGAL FORM: Attorney RECOMMENDED FOR APPROVAL: Robert C. Cortez Acting Executive Director Community Development Agency Inclusionary Housing Agreement - In -Lieu Fee Payment page 15 City of Santa Ana 25B-18 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT M & A GABAEE: A California Limited Partnership M Name: Its: Date: By: - Name: Its: Date: I ncluslonary Housing Agreement - In -Lieu Fee Payment Page 16 City of Santa Ana 25B-19 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY . ........ --- --------- Inclusionary Housing Agreement— In•Lleu Fee Payment City of Santa Ana 25B-20 LEGAL DESQ JPT10 The laird referred to herein is situated in the State of California, County of Orange, and described as follows: Parcel 1: All of Lots 10 and 30 and the South 53.00 feet of Lot 29, all in Block A of Tract No. 546, 1n the County of Orange, State of California, as per map recorded in Book 21, Page 35 of Miscellaneous Maps, Records of Orange County, California. Except therefrom all water in and to said Tots 10 and 29, as granted to Mountain Properties inc., by deed recorded September 7, 1933 in Book 961, Page 275, of Official Records. Parcel 2: The South 50.00 feet of that portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South, Range 10 West, San Bernardino base and meridian, described as follows: Beginning at a point 30.00 feet South and 30.00 feet East from the North corner of said Southwest quarter of the Southwest quarter of Section 10; thence Bast 225.00 feet; thence South 294.00 feet; thence West 225.00 feet; thence North 294,00 feet to the point of beginning. Parcel 3: The South 48,00 feet of Lot 6 and the North 106.00 feet of Lot 29, all in Block A of Tract No. 546, as shown on a map recorded in Book 21, Page 35 of Miscellaneous Maps, Records of Orange County, California.' Excepting therefrom the South 59.00 feet of the North 106.00 feet of said Lot 29, Parcel d; The North 87.00 feet of Lot 6 in Block A of Traot No. 546, as shown on a map recorded in Book 21, Page 35 of Miscellaneous Maps, Records of Orange county, California. Parcel 5: The South 59.00 feet of the North 106A0 feet of Lot 29 in Block A of Tract No. 546; as shown, on a map recorded is Book 21, Page 35 ofIv soellaneous Maps, Records of Orange County, California. Parcel 6: That portion of the Southwest quarter of the Southwest quartet of Section l0, Township 5 South, Range 10 West, in the Rancho Las Bolsas, as shown on map recorded in Book 51, Page 12 of Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at apoint 30.00 feet South and 30.00 feet Last of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 10, said point of beginning being also the Southeast corner of the intersection of West Fifth Street and Buaro Road; thence Fact 225.00 feet; thence South 294.00 feet; thence West 225.00 feet; thence North 294,00 feet to the point of beginning. File Number: 422962 25B-21 Page i of t4 Excepting therefrom the South $0.00 feet. Also excepting therefrom that portion described in deed to the city of Santa Gina Recorded June 9, 1991 in Book 14091, Page 1670, of Official Records of said Orange County. (End of Legal Description) Pile Numbcr: 422962 25B-22 Page 4 of 14 EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Inclusionary Housing Agreement— In -Lieu Fae Payment City of Santa Ana 25B-23 rv. xAaxoxaomEVMD Wo" 7!- .9417 Tit �i1J E it 3 1 20 $I In? z��141 III ( 2 p4El Itl 11 ii ' "�`• 1 �' I I 9 i I i it ! _ h N HQfl�AGAIIRR�CL�+n•r.u,,,,t'1��; ��t c i g 6aE s x A i( €;F s�� nooa000n�Ll at dQo4 FeY��I'6y[1°$`Se ['Ri'! 5 d�liigpE ORAPARTMENTS Op R . `.� y°''.4'^,. ,y Bi•�( lor HARBApARTk7MGNT5 con i.• `A M.MMd00.00LM1EVMO rPt IFEIIWNARY ORAOIN6,DWNAOE 41RNiYPW1 i� 25B-24 afI °iju sad qui '�q;Q§ �xi� crt�a,F ��e lW 5S'€j 9fW Vtl,8 HkRBCRAPMWENT$ Re:mm�r �a mw O :3R> M...y R ytiiapti E of§§�j�j3�j�j x' 3 y �;551 t�F§ �.�E SE}�� 7 Ci i34. jEji PP el P x pY%{n%xs.. is 3 3 4 �y tpGGG iB d MI ��; t$ $C[ i 649 a2 0( � $ Et. i I yRspp`p 3 y L] a •.Y _ g '3'� Pn i e.p Wig— :3R> M...y �s ytiiapti of§§�j�j3�j�j Y??�pAf: t�F§ b e P x pY%{n%xs.. is 3 3 4 �y tpGGG iB d MI ��; t$ $C[ i 649 a2 0( � $ Et. `dTy NA ] 3 L] a •.Y L g '3'� Pn oa'yar: e.p Wig— flFn� o �A i °• C s:d� tl f a'N otW BNa $ansa AaB. LT 921tl] 25B-25 gg asT.'.d4vav p¢I IBM Gc NG:tlC9 eestl 4� TSAI ARCHITECTURE 3 $C[ i 649 a2 0( � $ Et. `dTy NA ] 3 L] a •.Y L g '3'� Pn oa'yar: e.p o �A i °• C s:d� tl f a'N otW BNa $ansa AaB. LT 921tl] 25B-25 gg asT.'.d4vav p¢I IBM Gc NG:tlC9 eestl 4� TSAI ARCHITECTURE EXHIBIT 3 INCLUSIONARY HOUSING PLAN Inclusionary Housing Agreement — In -Lieu Fee Payment City of Santa Ana 25B-26 Planning and Building Agency Planning Division I 20 Civic Center Plaza P.O. Box 1988(M-20) Banta Ana, CA 92702 (714) 847.8804 www.santa.ana.arg INCLUSIONARY HOUSING PLAN OWNER/APPLICANT INFORMATION Legal Owner M&A Gabaee3{ 10 } 247-0900 Full Name of Person, Firm or Corporation Area Code Phone: Number 9034 West Sunset Blvd (310 247-1525 Mailing Address Area Cade Fax Number Applicant Tom Lao ( 3101432-5477 Full Name of Person, Firm or Corporation Area Code Phone Number 9034 West Sunset Blvd (�� same as above Moiling Address Area Code FaxNumber Contact Person Same as Above Full Name of Person, Finn or Corporation Email address Mailing Address �. 8( 7.$... j 620-0476 - - Area Code Phone Numbs, Area Code Mobile Phone Number Area Area Code Fax Number PROJECT DESCRIPTION Project Address: 021 North Harbor Blvd Assessor Parcel Number(s): 198-182-36 Total Number of Units Proposed: 94 Number of Affordable Housing Units Required: 15% Inclusionary Housing Obligation for Low -Income Households (Ownershini, 15% Inclusionary Housing Obligation for Low-income Households (Rental):._ 10% Inclusionary Housing Obligation for Very Low -Income Households (Rental only): _ Number of Rental Units: _ 94 Number of For -Sale Units: Identify the Gross Habitable Area of the Proposed Project': 76,726 square feet Will the Project be Constructed in Phases? Yes x No Is a Density Bonus or Concessions being Requested? Yes x No CITY APPROVALS (if applicable) ®ZPPROVE ❑ DENY (� , Signature: I itak ' ` Date: _ INCLUSIONARY HOUSING PLAN NO. I This calculation is measured from the exterior well of resldanlial nuts and does net Include exterior hallways, common areas, landscape, open space or exterior stairways. Page 1 of 4 s:PlsnninglCladca4Countar Forma9looeppllwoon lilts 25B-27 OPTIONS TO SATISFY INCLUSIONARY REQUIREMENTS Select the applicable option to indicate how the project will comply with the inclusionary housing requirement: Option # 1. On -Site Construction of Incluslonary Units (15% Low-income) Option # 2. On -Site Construction of Inclusionary Units (10% Very Low Income) Option # 3. Off -Site Construction of New Inclusionary Units Option # 4. Off -Site Rehabilitation of Incluslonary Units Within a Designated Target Area' Option # 6. Off -Site Rehabilitation of Inclusionary Units Outside a Designated Target Area' Option # 6.x_ _ In -Lieu Fee Payment for Entire Obligatlon° Option # 7. In -Lieu Fee Payment for Fractional Unit Fee Schedule for In -I kW.RFee Payment _Total Number of Residential Units. Fee Per S uare Feot�e of Habitable S ace 5 units to 20 units55.00! SF More than 20 units $15.001 SF Pipeline Projects _ 19,351 SF Estimated In Lieu Fee Calculatiom 76 / 726,__- SF (Total Habitable Space) X $_9, 3_5 Fee/SF = $717, 1", 11 Total In -Lieu Fee Location of the Inclusionary Units Standards The Housing Opportunity Ordinance provides the following standards for the Inclusionary Units location within the Project in relationship to non -Inclusionary Units. All inclusionary Units shall be: (1) Reasonably dispersed throughout the Residential Project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location to the market rate units; (3) Comparable to the market rate units included in the Residential Project in terms of design, materials, finished quality and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. 2 The Developer mays ilf3fy the Inclusionary Unit requirements for the Project, in whola or In part by substantialty rahabllltating existing housing units within the Designated Target Areas at a rate of i habitable square foot per each required habitable square toot of affordable Inclusionary Units. ' The Developer may satisfy the salu fixtary Unit requirement for the Project. In whole or In part by substentiallyrehabilitating existing housing units outside of the Designated Target Areas within the bordera of the City of Santa Ana at a rate of I &habitable square fast per each required hablebla square foot of Inclusionary Units. 4 If the calculatlan of the number of required inetusionary hn toing units results in a trochee, the developer has the option to (a) provide an additional Incluslonary housing unit or (bi pay an In -Lieu Faa equal to the percentage represented by the heatonal Incluslonary housing unit multiplied by the applicable ImLlou Fee. 5 A pipeline project Is a project application that was submitted and deemed complete prior to August 4, 2015, Page 2 of 4 S:PIaoninglClertaa6Countar Formsgt00epplicallon 11!15 25B-28 Please complete the following table as it applies to your project proposal, as applicable: The following are submittal requirements for your proposed Inolusionary Housing Plan: A. ❑ Project Description (see Site Plan Review application). Include a description of proposed off-site construction or rehabilitation if applicable B. Legal Description of the Project V6#3uw Six crq C. ❑ Site plan of the entire project detailing the location of proposed inclusionary housing units (minimum size 11" x 17") D. ❑ If applicable, a phasing plan that provides for the proportionate number of the total incluslonary housing unit requirement to be built within each phase of the project g' E. Application Fee Page 3 of 4 S:Pfenninq\BleAcerCovnlar FO'M.Woonpp11C311on lilts 25B-29 # of Units f of Units Bedroom Unit Size Number of Affordable to Very Low- Affordable Total percentof Size (Habitable Market Rate Income Low-income Number of Total Units Square Feet) Units Households Households Units _ 6O% AMI)_.. (ggaA RMI) Studio 1 2 4 Total The following are submittal requirements for your proposed Inolusionary Housing Plan: A. ❑ Project Description (see Site Plan Review application). Include a description of proposed off-site construction or rehabilitation if applicable B. Legal Description of the Project V6#3uw Six crq C. ❑ Site plan of the entire project detailing the location of proposed inclusionary housing units (minimum size 11" x 17") D. ❑ If applicable, a phasing plan that provides for the proportionate number of the total incluslonary housing unit requirement to be built within each phase of the project g' E. Application Fee Page 3 of 4 S:Pfenninq\BleAcerCovnlar FO'M.Woonpp11C311on lilts 25B-29 Property OWNER'S AFFIDAVIT I hereby certify that i am the legally authorized owner of all property Involved in this application or have been empowered to sign as the property owner on behalf of corporation, partnership, business, etc., as evidenced by separate Instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign alldocuments related to this application, sures including any conditions or litigation meaas rt be deemed necessary, I declare under penalty of perjury that the foreg i 1 i 66 and correct. Executed on (Date) June za, zoiset s An ele California Property Owner's Signature Property Owner's Printed Name Arman Gabay APPLICANT'S AFFIDAVIT I hereby certify that the statements furnished above and in the attached exhibits represent the data and Information required for this Initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated Information be found false or Insufficient, I agree to the return of this form for appropriate revisions, understanding that the City of Santa Ana cannot process this form until all applicable information is corrected or provided by the applicant. I hereby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) June 2 at Los Angeles California Applicant's Signature Applicant's Printed Name p n Lao Page 4 of 4 S;PldnninpiClc�iaal•Oounle� FormMQOappftauoo 11119 25B-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE A PHASE II MEMORANDUM OF UNDERSTANDING WITH MANDATED PARTNER ORGANIZATIONS UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT {STRATEGIC PLAN NO 2, 4 , ACTIN CITY MANAGER-" RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board and the mandated partners as outlined under the Workforce Innovation and Opportunity Act, subject to non - substantive changes approved by the City Manager and City Attorney; 2. Authorize the Mayor, City Manager and City Clerk to execute the Memorandum of Understanding with the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriffs Department, Second Chance program, subject to non -substantive changes approved by the City Managerand City Attorney. WORKFORCE DEVELOPMENT BOARD ACTION At its special meeting on July 26, 2017, by a vote of 4:0 (Perez and Sanchez absent) the Workforce Development Board Executive Committee approved the recommended action: 1. Approve the Workforce Innovation and Opportunity Act mandated partner Memorandum of Understanding and authorize the Board Chair to sign; Approve the Memorandum of Understanding between the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriffs Department, Second Chance program and authorize the Board Chair to sign; 3. Recommend City Council approve both Memorandum of Understandings as required under the Workforce Innovation and Opportunity Act and authorize the Mayor and City Manager to sign. 25C-1 Phase II Memorandum of Understanding With Mandated Partner Organizations Under the Workforce Innovation And Opportunity Act August 15, 2017 Page 2 DISCUSSION The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014 replacing the Workforce Investment Act of 1998 (WIA). Initial implementation of the new legislation began July 1, 2015 with full implementation required July 1, 2017. WIOA mandates that certain federal, state and local agencies formally partner with the local Workforce Development Boards to align investments in workforce, education and economic development with regional in -demand industries. Local workforce boards, with the agreement of the local elected body, are responsible for developing a MOU with each of the America's Jobs Center of California (AJCC) partners. The law envisions that the local board will act as both the convener of the MOU negotiations as well as the shaper of how One Stop services are delivered within the local area. The State Employment Development Department, Workforce Services Agency has issued guidance on the development of the MOU's thru directive WSD16-09. The State is asking that the MOU's be developed in two phases. Phase I, Local Boards are to work with the required partners in their local area to develop an agreement regarding the operation of the local One Stop system as it relates to shared services and customers and to have the MOU's in place by June 30, 2016. Phase II, Local Boards are to build upon the initial MOU and determine how to best support the established service delivery model thru the sharing of resources and expenses associated in the operations of a One -Stop Center. The State Workforce Development Board has requested that the Phase II MOU's be completed and submitted by September 1, 2017. The mandated programs and services required in a MOU with are as follows: Program Organization WIOA Title I — Adult, Dislocated Worker and Youth City of Santa Ana WORK Center WIOA Title II —Adult Education and Literacy Rancho Santiago Community College WIOA Wagner-Peyser, Veterans, Trade Adjustment Assistance Act California Employment Development Department WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana Unified School District Title V Older Americans Act SER — Jobs for Progress Job Cors Long Beach Job Corps Native American Programs — Section 166 Southern California Indian Center Housing and Urban Development City of Santa Ana Housing Authority Unemployment Compensation UI California Employment Development 25C-2 Phase II Memorandum of Understanding With Mandated Partner Organizations Under the Workforce Innovation And Opportunity Act August 15, 2017 Page 3 Department Second Chance Orange County Sheriffs Department Temporary Assistance for Needy Orange County Social Services Agency Families/CalWORKS Staff has worked closely with the partners to develop the Phase II MOU in the identification of the financial costs associated to the operation of a comprehensive one stop center. Staff is in the process finalizing the exhibits with the mandated organizations (Exhibit 1 and 2). Because of time constraints, the Orange County Social Services Agency and the Orange County Sheriffs Department have requested a joint MOU to expedite the administrative process at the County. The State has encouraged use of regional joint MOU's where appropriate (Exhibit 3 and 4). 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). FISCAL IMPACT There is no fiscal impact associated with this action Robert C. Cort Acting Executive Director Community Development Agency RCC/DS/If EXHIBITS: 1. Santa Ana Workforce Development Board Memorandum of Understanding - onsite (co -located) 2. Santa Ana Workforce Development Board Memorandum of Understanding - (non -co locatedl) 3. Memorandum of Understanding between the Orange County Development Board, Santa Ana Workforce Development Board and Orange County Sheriff - Coroner Department 4. Memorandum of Understanding between the Orange County Development Board, Santa Ana Workforce Development Board and Orange County Social Services Agency 25C-3 25C-4 Santa Ana Workforce Development Beard AJCC Partner: Co4ocate Partner Agency) Exhibit 1 - Si98B 4OU - Co -located MEMORANDUM OF UNDERSTANDING (P.BASE H) PARTIES The parties to this Memorandum of Understanding Phase 11 (MOU) are the Mayor and City Council of the City of Santa Ana the Santa Ana Workforce Development Board (WI)B), arid - 0 Partneri, LEGAL, AUTHORITY The Workforce Innovation and Opportunity Act (WI0A) see. 121(c)(1) requires that each Laical Workforce Development Board with the agreement of the Chief Local Elected Official, develop and enter into a Memorandum of Understanding (MOU) with each AJCC Partner, consistent with'WIOA Sec. 121(c)(2), concerning the, operation of the AJCC delivery system in the City of Santa. Ana. This requirement is further described in the Workforce Innovation and Opportunity Act, Joint,-Rule-forthe ADCC System Joint Previsions-, Final Rule at 20 CFR 678.500, 34 CPR 361.500, and 34 CFR 463.500, and in Federal guidance,. Additionally, the sharing and allocationof infrastructure costs among AJCC partners is governed by W10A sec. 121(h), it's, implementing regulations, and the Federal Cost Principles contained its.. the Ubiform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200, INTRODUCTION The Santa Ana Workforce Development Board's goal is to create an integrated location and a unified structure and process of proactive, transparent, and effective job seeker and business services, orchestrated by a seamless collaboration of talent development and support agencies. The purpose of this iVlOU is to define the parameters within which education, workforce, economic development, and other Partner programs and entities operating within the jurisdiction of the City of Santa ,Ana create a seamless, customer -focused America's Job Center of California (AJCC) network that aligns service delivery across the board and enhances access to program services. By realizing ADCC opportunities together, partners are able to build community - benefiting bridges, rather than silos of programmatic isolation. These partnerships will increase customer access and performance outcomes. LOCALMEGIONAL VISION STATEMENT, MISSION STATEMENT, AND GOALS Santa Ana's visionn tests on integrating current and future resources through its WD13 partners, integration suggests more than partnering or assembling multiple funding sources, It means making certain that all elements of the workforce support system work together to create synergy for its target populations by offering inviting andseamless services, wherever a client enters the system. Santa Atxa's vision also embraces the fututre, as all visions should. it spawns new industries and clusters and changes old ones. It ,generates fresh workforce opportunitiesinthe process. The Santa Ana WlB's strategic plan rests not only on strengths of its current industrial base, but also the demands of emerging business and economic trends. Finally, Santa Ana's vision is sensitive to the needs of its unique demographies and regional mix. As a major supplier of workforce for surrounding communities, Santa Ana is firmly embedded in its regional and cluster matrix. Santa Ana's implementation of the vision entails enhancing business and 2 25C-6 supports social and educational services and access to than, mostly though not exclusively through its AJCC and WDB. An effective efficient administration is necessary to deliver the services that make each of these strategies effective,. The Santa Ana WDB's overall strategies: L Identify regional clusters most likely to create now jolts in which Santa Aria's workforce can participate and the foundational requirements of such jobs; 2, 1xpand small business development support as a creator of new jobs and method for growing the local tax base; 3. Educate Santa Ana's current and future workforce through classroom pre -training and training activities, plus on-the-job training and workforce skill enhancement activities; 4, Offer career pathway programs for both unemployed and employed adults and ,youth; 5: Increase access to jobs for disconnected and underserved populations, especially youth„ established institutional resources; and 7. Assure funding; from all public, private, and other sources in support of its programs, SYSTEM STRUCTURE AMERICA'S JOB CENTERS OF CALIFORNIA The Santa Ana Workforce Board has one comprehensive AJCC in the City of Santa Ana which is designed to provide a full range of assistance to job seekers and businesses under one roof. Established under the Workforce Investment tact of 1998 and continued by the WIOA, the AJCC offers a comprehensive array of services designed to match talent with opportunities. ADMINISTERED BY THE CITY OFSANTCA ANA I. American Job Center (Comprehensive) Santa Ana Wf O/RIK CENTER 1000 E. Santa Ana Blvd,, Suite 200, Suite 220 Santa An, CA 9,2701 (714) 565-2600 w�vw,santa-ana.ca.govlworkeenter Monday — Friday 8:00 am until 5:00 pm AJCC ONE-STOP OPERATOR The Santa Ana Workforce Development .Board will utilize the same AJCC One, (AJCC) Operator as the OCDB. The Orange County development Board procured the AICC Operator through a competitive process in accordance with the Uniform guidance Cost Principles contained in the ]Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federat Awards at 2 CFR part 200 (Uniform guidance), including the Office of Management and Budget's (QMH) approved exceptions for the U.S. Department of Labor at 2 CFR part 2900, WlQA and its implementing, regulations, and local procurement laws and regulations.. All documentation for the competitive AJCC operator procurement is available for public inspection.. The State requires that the AJCC operator is re -competed at least every three years and no later 9 25C-7 than every four yens, Functional details are outlined in the Rules and Responsibilities of Partners section, under ADCC Operator ROLES AND RESPONSIBILITIES OF PARTNERS 'the Parties to this agrcernea t will work closely together to ensure that The AJCC is a high- perfonning work place with staff that will ensure quality of service. ALL PARTIES TO THIS AGREEMENT SHALL COMPLY WITH: ■ Section 188 of the "WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR. Part 38 Final Rule, published December 2, 2016), Title V1 of the Civil Rights Act of 1954 (Public Law 88-352), Sectie�n 504 of the 1tehbiliiatin Act of ] 973 as acziended, The Americans with Disabilities Act of 1990 (Public Law 101-336), The Jobs for Veterans Act (public Lau* 1017-288) pertaining to priority of service in programs funded bythe U.S.Department ofLabor, • Training and Fanployment Guidance Letter (TE.GL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity; Gender Expression and Sear Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce development System and others guidance related to. implementing WIOA see. s The Family Educational Rights and Privacy Act (F'ERPA) (270 U.S.C. § 12328; 34 CFR,. part 99), Confideotiality requirements governing the protection acid use of personal'infoimation - - held by the -VR agency (34 CFR 361.38), - - The confidentiality requirements governing, the use, of confidential information held by the State U1 agency (20 CFR part 603), + All amendments to eacb; and 6 All requirements ituposedby the regulations issued pursuant to these acts. The above provisions require, in part, that no persons in the United States shall; on the grounds of race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination; Eli 25C-8 ADDITIONALLY, ALL PARTIES SHALL, • Collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in this MOO, s Agree that the provisions contained herein are made subject to all applicable federal and state laws; implementing regulations, and guidelines .imposed on either or all Patties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers, and • .Agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this agreement. -- PARTNERS Each Partner commits to cross -training of staff`, as appropriate, and to providing other professional teaming opportunities that promote continuous quality improvement. Partners will Author promote system integration to the maximum extent feasible through: • Effective communication, information sharing, and collaboration with the ADCC operator, • Joint planning, policy development, and system design processes; • Commitment to the joint mission, vision, goals, strategies, and perforxrianee measures; • `the design and use of common intake, assessment, referral, and case management processes; • The use of common and/or finked data management systems and data sharing methods, as appropriate; • Leveraging .of resources, including other public agency and non -probit organization services; • Participation in a continuous improvement process designed to boost outcomes and increase customer satisfaction; and • Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration. DATA SHARING Partners agree that the use ofhightquality, integrated data is essential to inform decisions trade by policymakers, employers, and job seekers. Additionally, it is vital to develop and maintain an integrated case managernent system, as appropriate, that informs customer service throughout 0 25C-9 customers' interaction with the integrated system and allows information collected from customers at intake to be captured once. Partners further agree that the collection, use, and disclosure of customers' personally identifiable information (Pit) is subject to various requirements set forth in Federal and State privacy laws, Partners acknowledge that the executiria of this MOM, by itself, does not function to satisfy all of these requirements: Per the final Workforce Services Drat Directive 16-23 from the Employment Development Department and the California Workforce Development Roard, the Mandated Use of One Integrated Data System — Direct Data Entry into CaIJOBS, all partners of the A7CC: agree to utilize this data system far inputting jots seeker and employer information. All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following: •Customer PII will be properly secured to accordance with the Local Board's policies and procedures regarding the safeguarding of Pii The collection, use, and disclosure of customer education records, and the Pit contained therein, as defined under FERPA; shall comply with FERPA and applicable State privacy laws•, All confidential data contained in UI wage records must be protected in accordance with the requirements set forth in 20 CFR part 603; • All personal information contained in VR records must be protected in accordance with the requirements set forth in 34 CPR 361;38; ■ Customer data may be shared with other programs, for those. programs' purposes, within the ADCC network only after the informed written consent of the individual has been: obtained, where required; r Customer data will be kept confidential, consistent with .Federal and State privacy laws and regulations; and All data exchange activity will be conducted in machine readable format, such as HT J, or PDF, for example,and in compliance with Section 50$ of the Rehabilitation Act of 1973, as amended (29 U.S,C. § 794 (d)j. All ADCC and Partner star£ will be trained in the protection, use; and disclosure requirements governing Pit and any otherconfidentialdata for all applicable programs, including FERP"A- protected education records, confidential information in UI records, and personal information in VR records, CONFIDl+:NTIALTTY All Parties expressly agree to abide by all appticable Federal; State, and local laws and regulations regarding confidential information, including, PH from educational records, such as A 25C-10 but not limited to 20 CPR Part 603,45 CrR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 36138,aswell as any applicable State and local laws and regulations. Each Party will ensure that tho collection and use of any information, systems, or records that contain PlI and other personal or confidential information will be linrIted to purposes that support the programs and activities described in this MOO and will comply with applicable law, Each Party will ensure that access to software systems and files under its control that contain PH or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the, services and activities described herein and will comply with applicable law. Each Party expressly agrees to take measures to ensure that no PlI or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, Private, or otherwise protected information needs to be shared amongst-tho-Parties for -the=-Parties' performance -of -their obligations -under this MOU-i and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data. sharing -must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with .20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of VERPA-protected customer education records and the PH contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S-C § 12328 940 34 CFR Part K With respect to the use and disclosure of personal information. contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CPR 36t .3 8 RUERRALS The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seckem and employers, In order to facilitate such a system, Partners agree to: • Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and berefits offered, for each of the Partners' programs represented in the ASCE network: • Develop materials summarizing theirprogram. requirements and making them available for Partners and cAtstomers; • Develop mid utilize common intake, eligibility determination, assessment, and registration forms as eppropriatc; • Provide substantive raferrals to customers who are eligible for supplemental and complementary services and benefits underpartner program, 25C-11 * Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; C€iminit to robust and ongoing communication required for an effective referral process, and + Commit to actively follow up on the results of referrals and assuring that .partner resources are being leveraged at an optimal level; ' CCESSIBILITY Accessibility to the services provided by the AICCs and all Partner agencies is essential to meeting the requirements and goals of the local AICC network. ,rob seekers and businesses must be able to access all information relevant to them via visits to physical locations as welt as in virtual spaces, regardless of .gender, age, race, religion, national origin, disability, veteran's status, m an the basis of ariy'Sther olas ifieatiottprotected miller state or federalTaw. .____._ ._..._.. NON-DISCRIMINATION ATION AND EQUAL OPPORTUNITY All Parties to this MOO eortify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of. (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin, (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification, or (iii) the physical or mental disability of qualified individual with a disability. The Parties specifically agree that they will comply with Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 OFIt Fait I8; l roil 12u1e 17ecenober , 2016), the Americans with: Disabilities Act (42 U.S.C. 12101 et seq), the Non-traditional Employment for Women Act of 1991, titles Vl and Vll of the Civil Rights of 1964, as amended, Section 514 of the Rehabilitation Act of 1973, as amended; the Age i?iseriminatian Act of 1967; as amended, title IX of the Education Amendments of 19721 as amended, and with all applicable requirements imposed by or pursuant to regulations implementing thosee laws, including but not limited to 29 CFR Part 37 and 38. GRIEVANCES AND COMPLAINTS PROCEDURE The AICC partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to custarners- and partners, These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The partner further, agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative Manner and at the lowest level of intervention possible. All partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves police authorities. AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE The AICC partner agrees to ensure that the policies and procedures as well as the programs and services provided at the ADCC are in compliance with the Americans with Disabilities Act and its amendments, Additionally; partners agree to frilly comply with the provisions of W10A, Title 8 25C-12 VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing the aforementioned laws. The WDB and the America's Job Center of California partners will ensure that policies and procedures established by the WDB and the America's Job Center of California partners are in compliance with the Americans with Disabilities Act (AAA:), HOLD HARMLESS/INDLMNIFICAT16NILLOILITS In accordance with provisions of Section 895.4 of the California Government Cole, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOLT, In addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney's fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemirify, defend -and hold harmless each other from and against -all court - costs and attorneys fees arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOLD. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOO, S ER"ILIT'Y If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. DRUG AND ALCOHOL -FREE WORKYLACL All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988,41 U.&C. 702 or seq., and 2 CFR part 1.82 which require that all organizations receiving, grants from any Federal agency maintain a drag -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal dn.tg statute. Failure to comply with these requirements may be cause for suspension or debarcaent under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3483, and the U.S. Department of Labor regulations at 29 CFR. part 44. ERTWICATION REGARDING LOBBXING All Parties shall comply with the Byrd Anti -Lobbying Amendment (731 LT,S.C. Sectioul352), 29 C.F,R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200,450, The Parties shall not lobby federal entities using federal hinds and will disclose lobbying activities as required by law and regulations. DEBARMENT AND SUSPENSION All Parties shall comply with the debars ient and suspension requirements (E.0,12549 andl2689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 29.98 and by the U.S. Department of Education at 2 GFR 3485. PRIORM OF SERVICE All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 II.S,C. Pi 25C-13 see. 4215 and its implementing, regulations and guidance, and WIDA see. 134(c)(3)(E). and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. BVY AMERICAN PROVISION Each Party that receives funds made available under title I or 11 of WIOA or under the Wagner- Peyser Act (29 U.S.C_ Section 49, et.. seq.) certifies that it will comply with Sections 8301 through 8343 of title 41 of the United States Code (conimonly known as the. "Buy American Act.") and as referenced in WIDA Section 502 and 20 CFR 683.244(f). SALARY COMPENSATION AND BONUS LIMITATIONS Each fatty certifies that, when operating grants funded by the U.S.. Department of Labor; it complies with TELL 45.06, Implerrientiing the Salary and Bonus Limitations in Public Law 149 - Worker and 'Youth Activities Program Allotments for Program Year (PY) 24171 Final PY 2417 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments, and Workforce Information tyrants to States Allotments for PY 2017,, Public Laws 114-113' (Envision H, title I, Section 105) and 114-223, and W10A section 194(15)(A), restricting the use of federal grant funds for compensation and, bonuses of an individual; whether charged to either director indirect, at a rate in excess of the Federal Office of Personnel Management Executive bevel IL TERMINATION This MOU will remain in effect until the end date specified in the Effective Period section below, unless' All Parties mutually agree to terminate this MOUprior m the. end date. Federal oversight agencies charged with, the administration of W10A are unable to appropriate funds or if funds are not otherwise rrrade available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuam to MOU due to lack of funding shall notify the other, Parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU; W10A is repealed or superseded by subsequent federal taw; • Local area: designation is changed under`vW10A; A party breaches any provision of this MOU and such breach is not oared within thirty (30) days after receiving written notice from the Local BOARD Chair (or designee) specifying such breach in reasonable detail. In such event, the non -breaching party(s) shall have the right to terminate this MOU by giving. written notice thereof to the party in breach, upon which termination will go into effect immediately, In the event of termination; the Fatties to the MOU must convene within thirty (3 0) days after the breach of the MOU to discuss the formation of the successor 1VIOU. At that tirne, allocated costs must be addressed. IN 25C-14 All Parties agree that this MOU shall be reviewed and renewed not less than once every 3 -year period to ensure appropriate funding and delivery of services, EAFECTIVE PERIOD This MOU is entered into on September 1, 2017. This MOU will become effeetive as of the date of signing by the final signatory below and must terminate on August 51, 2020, unless any of the reasons in the Termination section above apply. AJCC OPERATING BUDGET The purpose of this section is to establish a financial plan, including terms and conditions, to fund the services and operating costs of the local AJCC. The Parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: • Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers and businesses in the Local area; * Reduces duplication and maximizes program impact through the shating of services, resources, and technologies among Partners (thereby improving each preignmils of * Reduces overhead costs for any one partner by streamlining and sharing J[inanclal, procurement, and facility costs, and * Ensures that costs are appropriately shared by AJCC Partners by determining contributions based on the, proportionate use of the AJCC centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable, authorizing statutes and all other applicable legal requirements, bioluding the Uniform Guidance. The Partners consider this AJCC operating budget the master budget that is necessary to maintain the Local Board's high -standard MCC. It includes the following cost categories, as required by W10A and its implementing regulations, * Infrastructure costs (also separately outlined in the Infrastructure Funding Agreement (IFA));- • Career services; and • Shared services, All costs must be included in the MOU, allocated according to Partners' proportionate use and relative benefits received, and reconciled on a quarterly basis against actual costs incurred and adjusted accordingly. The AJCC operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately, All Parmers, must negotiate in good faith and seek. to establish outcomes that are reasonable and fair. 11 25C-15 COST ALLOCATION WTllfiODOLOGY Cast allocation is the process of assigning to two or more programsthe costs of an item shared by the programs, The goal is to ensure that each prograin"bears its fair share; and only its fair share, of the total cost of the item. A cost allocation plan is a written account ofthamethods used to allocate costs to the programs occupying the AJCC's The requirement to allocate the costs of shared resources canoe met by using logical and rational methods to ensure that each program is paying only its fait` share of the cost of an item used in common, and that no program is subsidizing another. Generally, the methods used to allocate a shared cost should be the simplest, most straightforward way of allocating this type of cost fairly. Complex, highly detailed methods should be avoided when a simple one will achieve the objective, Methods, rules or formulas that use percentages or fractions of cost items are acceptable. Accordingly,, shared costs will be based upon the square footage occupied in the AJCC, a Santa Ana WIOWK CENTER 1000 E. Santa Ana Blvd., Suite 200 & Suite 220 Santa Ana, CA 92701. AJCC Partners Co -located at the AJCC: Location of all partners is detailed in AJCC Partner's Location (Attachment 1) INiS'TRUC`I`UIdE FUNDING A+ ;REEMENT The Infrastructure Funding Agreement (IFA) contains the infrastructure costs budget that is an integral component of the overall AJCC operating budget. The other component of the AJCC operating Budget consists of applicable career services', shared operating costs, and shared services, which, are considered additional costs, While each of these components covers different cost categories, an operating budget would be incomplete if any of these cost categories were omitted, as all components are necessary to maintain a fully functioning and successful. local AJCC delivery system. Therefore, the Local Boards, and AJCC partners negotiate the JFA, along with additional costs when developing the operating budget for the local .AJCC system. The overall AJCC operating budget is included in this MOU Phase 11 (Attachment 3). IFAS are a mandatory component of the local MOU, described in WtOA sec. 121(c) and 20 CFR 67$.500 and 675.755. Similar to MOUS, the Local Board inay negotiate an umbrella IPA or individual 1PAs for one or more of its AJCC, AJCC infrastructure costs are defined as noxi-persormel costs that are necessary for the general operation of the American Job Center, including; bat not limited to -- • o_ • Rental of the facilities; • Utilities and maintenance; • Equipment, including assessment -related products and assistive technology for individualswith disabilities, and • Technology to facilitate access to the American Jab Center, including technology used for the center's planning and outreach activities. 25C-16 Changes in the ADCC Partners or an appeal by an AJCC partner's infrastructure cast contributions will require a renewal of the MOUE [TEGL 17.16, RSA TAC 17-03, and OCrTAE Program Memo 17-3, Infrastructure Funding of the Otte -Stop Delivery Sy tern (pp, 17-1.8 and Attachment 11}] FUNDING TYPES cash Cash funds provided to the: Local Board or its designee by AJCC Partners, either directly or by an interagency transfer, or by a third. party, Nan -Cash Expenditures incurred by AJCC Partners on behalf of the AJCC; arid Non-cash contributions or goods or services contributed by a Partner program and used by the ADCC; _. .. ..... Third -party Tn-kind. Contributions of space, equipment, technology; nom -personnel services; or other like items to support the infrastructure costs associated with AJCC operations, by a non-AJCC Partner to.- Support o:Support the ADCC in general; or Support the proportionate share of AJCC infrastructure costs of a specific partner. [20 CFR 675,720; 20 CFR 678,760; 34 CFR 361.720; 34 CFR 361360; 34 CFR 463.720, and 34 C;FR 463.760] Other AJCC Delivery System Costs The budget mast include "applicable career services" as well as any other shared costs agreed upon by the AJCC partners (Attachment 3). The other systerin costs budget must be a consolidated budget that includes a line item for applicable career services. Tho, signed Phase 1 MOO required identification of the career services that were applicable to each partner program. Accordingly, this budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Following is a Summary of career services applicable to each AJCC Delivery System Partner (Santa Ana AJCC Partner Service Matrix (Attachment 2)j CAREER SERVICES Career services include.self--help service services requiring minimal staff assistance and services requiring more staff involvement generally provided to individuals unable to find employment through basis career services, and deemed to be in freed of more concentrated services to obtain employment; or who are employed but deemed to be in need of more concentrated services like training to obtain or retain employment that allows for self-sufficiency. i Eligibility Determination: This is the process of obtaining and documenting information about an individual's circumstances and comparing that information with the criteria set by an agency or program to decide if the individual qualities for participation. I Outreach, Intake and Orientation: Outreach activities involve the collection, publication, and dissemination of information on program services available and directed toward jobless, economically disadvantaged, and other individuals, Intake is the process of collecting basic information, e.g., name, address, phone number; SSN, and all other required information to determine eligibility or ineligibility for an individual's program. Orientation, whether offered M 25C-17 in a group setting, one-on-one, or clectrunically, is the process of providing broad information to customers in order.- to acquaint them with the services, programs, staff, and other resources at the Santa Ana Work Center; or its partner agencies. . Initial Assessment. For individuals new to theworkforce system, initial assessment involves the gathering of basic information about skill levels, aptitudes, abilities, barriers,, and supportive service needs in order to recommend next steps and determine potential referrals to partners or community resources.. 4. duh Search, Placement Assistance, and Career Counseling: Job Search helps an individual seek, locate, apply for, and obtain a job, It may include but is not limited to: job finding skills,, orientation to the labor market, resume preparation assistance, development of ajob searchplan, joke dcvelopmcnt, referrals to job openings, placement services, job finding clubs, job search workshops, vocational exploration, relocation assistance, and re- employment services such as orientation, skills determination; and pre -layoff assistance, Placement Assistance is a service that helps people to identify and secure paid employment that matches their aptitude, qualifications; experiences, and interests. Career Counseling is a facilitated exploration of occupational and industrial information that will lead to a first, new, or a better job for the individual. 5. Employment statistics -Labor Market Information: Collect and report data about employment levels, unemployment rates, wages and earnings, employment projections, jobs, training resources and careers, ( MI) b. Eligible Provider performsmee and program, Cost Information: Collect andprovide information on: A, Eligible: training service providers (described in WIOA Section 122) 13. Eligible youth activity providers (described in Wl4A Section 123) C. Eligible adult education providers (described in WIOA Title 11). D. Eligible pustsecoudaryvocational educational activities and vocational educational activities available to school; dropouts under the Carl Perkins Act (20 USC 2301). B. Eligible vocational rehabilitation program activities (described in Title I of the Rehabilitation Act of 1473) 7. Local Performance information: Collect and provide information on the local area's recent performance measure outcomes. 8. Supportive Services, Information: Collect and provide information on services such as transportation, child care, dependent care, housing, and needs -related payments that are necessary to enable an individual to participatein employment and training activities. 9. Unemployment Compensation: Collect and provide information on filing claims for state benefit payments that M 25C-18 protect individuals from economic insecurity while they took for work. Claims may be filed on-line or via telephone available in the Santa Arta Work Center. 10. Eligibility Assistance: Provide guidance to individuals on eligibility for other programs and on financial aid assistance for training and education programs that are available in the local area.. 11. Follary-Up Services: Services provided to participants who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment. These services assist those individuals to maintain employment or qualify for promotions with that employment. 12. Comprehensive and Specialized Assessments: A closer look at the skills levels and service needs thatrnayincludes A. Diagnostic Testing and use of other assessment tools; and B. In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. 13. Individual Employment Plan Development: Working with individuals to identify their employment goals, the appropriate achievement objectives, and the appropriate combination of services that will help the individual achieve those goals, 14. Croup Counseling 15, Individual Counseling and Career Planning 16. Case Management: For participants who receive training services under WIOA Section 134(d)(4)� 17. Short -Term Prevocational Services: Cali include development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.. TIRnTNTNG SEltv[CE$ Services offered through a training provider to help individuals upgrade their skills; earn degrees and certifications, or otherwise enhance their employability through learning and education. Types of training, services include: 1. Occupational Skills Training: An organized program of'study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate or advanced levels. 2. tan -the -Job Training (OJT): Training by an employer that is provided to a paid participant while engaged in productiveworkthat is limited in duration, provides knowledge or skills essential to the full and adequate performance of the job, and reimburses the employer for the is 25C-19 costs associated with training the OJT trainee often calculated based on a percentage of the trainee's wages. .3. Workplace and cooperative education; Programs that combine work -place training with related instruction which may include cooperative education programs 4. 'Training programs operated by the private sector S. Skills upgrading and retraining. Courses that prepare persons for entrance into a new occupation borough instruction in now and different skills demanded by technological changes. These courses train incumbent workers in specific skills needed by that business or industry and that lead to potential career growth and increased wages. This includes courses that develop professional competencies that are particularly relevant to a vocational/occupational goal. It most be demonstrated that the training will result in the workers' acquisition of transferable skills or -an industry -recognized certification or credential, 6. Entrepreneurial training 7. Job -readiness training 8. Adult Education and Literacy progxams.; Services or instruction below the postsecondary level for individuals who are not enrolled or required to be enrolled, in secondary school under state law and lack basic educational skills to enable the individuals to farnction effectively in society and on a job, Services include, but are not limited to, one-on-one instruction, coursework, or workshops that provide direction for the development and ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function in society or on the job, 9. Customized training. T'aining.that is designed to meet the special requirements of an employer or group of employers and that is conducted with a commitment by the employer to employ an individual upon successful completion of the training and for which the employer pays for a portion of the cost of training. EMPLOVE Its SERVICES L Employer needs assessment: Evaluation ofexnployer needs, particularly fixture hiring and. talent needs. 2. Jab posting. Receiving and filling of job openings; searching resumes; providing access to a diverse labor pout, 3. Applicant pre-screening;: Assessing candidates according to the employer's requirements and hiring needs, referring candidates biased on their knowledge, skills, and abilities relative to the employer requirements. 4. Recruitment assistance. Raising awareness of employers and job opennings and attracting; individuals to apply for employment at a hiring organization. Specific activities may include posting of employer announcements, provision of job applications; and besting job faits and BiI 25C-20 mass recruitment. 5. Training assistance: Providing training resources to enable employers to upgrade employee skills, introduce workers to new technology, or to help employees transition into now positions, 6. Labor Market Information: Access to information: on labor market trends, statistics, and other data related to the economy, wages, industries, etc, 7. Employer information and referral: Provision of information on topics of interest to employers such as services available in the community, local trauung providers, federal laws and requirements, tae information,, apprenticeship programs, human resource practices, alien labor certification, incentive programs such as WQTC or the federal bonding program, etc. ii. Rapid Response and Layoff Aversion: Provision of services to prevent downsizing or closure, or to assist during layoff events, Strategies may include incumbent worker training to avert lay-offs, financing options, employee ownership options„ placement assistance, worker assessments, establishment of transition centers, labor-management committees, peer counseling, etc. Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system casts budget mast be a consolidated budget for applicable career servicess. This budget roust include each ofthe partner's costs for the service delivery of each applicable career service and a consolidated system budget for career, services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services„ are not limited to the non -personnel costs and. should include all costs related to the administration and delivery of those services. ATTACIIiY NTS Attachruent 1: ATCC Partner location and Map Attachment 2: Santa Ana ATCC Partnter Service Matrix Attachment 3: Connpmhensive infrastructure Budget, and Other System Cost Budget Attachment 3-1-, Applicable Career Services Attachment 4: Comprehensive ATCC allocation for all Partners 17 25C-21 THIS MEMORANDUM OF UNDERSTANDING', is hereby signed and agreed to on the date first written above. FOR THE CITY` OF SANTA ANA Attest. Maria D, Huizar, Clerk of the Council Recommended For Approval. City Of Santa Ana: Cynthia J. Kurtz, interim City Manager as to Form: nt,alho, City Attorney Robert C. Cortez, Acting Executive D' ector It a . , o tts3 it Community Development Agency Lee McMurtray, Chair FOR AM ERICA'S JOB CENTER OF CALIFORNIA PARTNER ADCC Farmer Name, Title Address Date 25C-22 Attorney ku Attachment 1 E Partner Program Partner Authorization/Category Physically Organization Co -Located Title I Aduit, Dislocated City of Santa Ana WIOA Title I Adult, Dislocated Workers Workers and Youth Youth Programs Yes programs' Rancho Santiago WM title 11 Adult Education and Family Adult Education/ Community College Literacy Act (AEFLA) program literacy and Carl Perkins District Career and technical education (GTE) Career Technical programs at the postsecondary level, No Education authorized under the Carl D. Perkins Career and Technical Education Act of 2006-(20 U.S.C. 2301 et seq.) Employment WIOA title III Wagner -Keyser Employment Wagner-Peyser Development Services, authorized under the Wagner - Department (EDD) Peyser Act (29 M.C. 49 at seq.), also `fes providing the state's public labor exchange. Employment lobs for Veterans State Grants (JVSG), Veterans Development authorized under chapter 41 of title 38, Yes Department (EDD) U,S C. Employment Trade Adjustment Assistance (TAA), Trade Act Development authorized under chapter 2 of title II of the Yes Department (EDD) Trade Act of 1974 19 U.S.C. 2271et seq.) Unemployment Employment Unemployment Insurance (Ui) programs Insurance (UI) Development understate unemployment compensation No Department (EDD) laws. State Department of WIOA title IV State Vocational Vocational Rehabilitation Rehabilitation program authorized under Rehabilitation Services titles of the Rehabilitation Act of 1973 (29 Yes 11.5.0, 720 et seq,) Temporary Assistance Social Service Temporary Assistance for Needy Families for Needy Families Agency -Family Self_ (TANF), authorized under part A of title IV No (TANF) Sufficiency of the Social Security Act (42 U.S.C. 601 et seq.) Senior Aid Program Senior Community Service Employment :Senior Aid program Regions 11 & III Program (SCSEP), authorized under title V Yes SER-Jobsfor of the Older Americans Act of 1965 (42 Progress, Inc. U.S.C, 3056 et seq,) Job Carps Lang Beach JabCars _ WiOATitle i G, Jabs Gor s Na Job Corps Cornerstone WICIA Title i C; lobs Corps Solutions Yes Native American Southern California Indian and Native American Programs Programs. Indian Center (Section 166) No 25C-23 Attachment 1 Partner Program Partner Organization Authorization/Category Physically Co -Located Housing & Urban Santa Ana Housing Housing & Urban Development (HUD) No Development Authority Family Self-SufficleaStE2 ram Adult Demonstration Change County Reentry Employment Opportunities (EO) Sheriffs Department programs authorized under see. 212 of the No Second Chance Act of 2007 (42 U.S.C. 17532) and WIOA sec. 165 25C-24 gel I 10 SANTA ANA WORK CENTER AMERICA!S JOB CENTER OF CALIFORN AND ITS PARTNERS In Santa Ana WORK Center America's Job Center of California 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Partners; Employment Development Department State Department of Rehabilitation O.C. Social Services Agency Goodwill Industries SER5emorAid Program H 0 Centennial Adult Education Q2900 W. Edinger Ave. Santa Ana, CA 92704 Jam, Santa Ana Co11e9e 153OW17thSt. Santa Ana, CA 0270A College &LVorkfnrce Preparation Center 1572 N. Main St. Orange, CA 92867 #1 ST a RL State Department of Rehabilitation 790The City Drive, Suite 110 Orange, CA 92868 Social Services Agency 19285,GrandAve, Santa Ana, CA 92706 CTFAOP Valley High School 1801 S. Greenville Santa Ana, CA 92704 E Long Beach Job Corps Q1903 Santa fe, Ave. Long Beach, CA 90810 Southern California Indian Center 10175 Slater Avo, #150 Fountain Valley, CA 92708 0 Community Action Partnership Of O.C. 11$70 Monarch St. Garden Grove, CA 92841 4} u E�t}tq3 Y! ��IIIrrM i� gCL V R m f� m Ln r CL - 0. m M. o 0000 «� cc ri r o a c u r vi r` ui r� k 0 m r m IL � � N 6a St of ,q h LR w. �; n �, 2 'cam co a V ° w 00 w ad oc6}Y LO Lft uA C{` H ttt W ry F yya re mems•{ W 'c b4 a' •G,. rf N M fYl .t3 b� K} a' N �,,� N N: �,y` N fn CFE n M' �„� ri ri H eW iW ri v -E rp . 4= R 04 y C CU c m E a a a CL a u n Q o cs o o c a c >cscz }ta _.0 d :�o ver Ct :CU E y va a.. 4 E c Cha CL CL c u fez to E w "L7 w q °L tJ eu to ta, C ui s'n sn i vWr ;� t� in c E u a E 75 r" A+. L'1 8 U W V `N U r rvi } 1} 41 +i} VF N Y N Vn iIh th N Y 'y, �Q' eMy hq+ •J1 4' W 4� m a � O N VY VF V1 LF NF Vk N N N N lM1 {P. N :'x _ {/1+ iM1 ih N N ilY N i/1 W iA iR fR ih q� SYi"'dk��„"a„p" S o S $818 1 c V uNi M w o N ubi � w v4tr vii udy N VA N N 20 aN m tl H W W N � a p N a m w' � ✓moi � ry � to rvi � a �,q�,.�'.. gin. w vs +n N us N N N N srr N Al N � tV v a a m y a 4. p E Y c � a kg `d a 25C-28 Ha' AJCC Partner CORNERSTONE SOLUTIONS, INC, JOB CORPS SERVICES Exhibit 2 - SA WDB MOU - Non Co -located 25C-29 Cost CategorylLine Item Rental of Facilities Electric Gas Water M Line )tern Crest Detail User Fee taaurawaxsr "" all utilities are Included in the User Fee cost ' High -Speed Internet .included in the TelephonestLandllnes cast Attachment 3 Cost (Yearly) $946,556 Telephones (Landlines) AT&T mffoorvb1XnasWatRCawW3Glnasof ( $60,180 $31 euds plus montNy usage (SaS�mo avp d rrtas) I Alarm Monitoring I Spectrum Security Systems $1,140 Facility Maintenance Contract "Janitorial service Included to user Fee cost Assessment -related productsI EAP 3 Assessments (EdITS) ( $840 (dOtl a989ASalaA(k+(aX 9AiUai@tl to fast Aw 9 yowl Assistive technology for individuals with disabilities ("Access and Accommodation') Other tangible equipment used VOScan Module (w omapnatk,cards+ $2,100 to serve all center customers tax assumed to or, yead (not specific to an individual program partner) Specify Other Tangible Equipment Technology used for the center's Desktops, laptops, flash planning and outreach activities drives, printers. Specify the Technology Cost of creation andSANTAANAWIB,ORG $48 maintenance of a centerwebsite 0yew ara,math nsPyew On:oru+&,soen4„rt (not specific to an individual program partner) that provides 25C-30 Attachment 3 outreach to customers by providing information on AJGC services and/or provides direct service access to AJGC services Website: SANTAANAWIB.ORG (Does not include data systems or case management systems specific to individual program partners.) IfTc o ayo- asos of s 8 r��:of o a:� res u ure os o e S 'are crc a- a r Cost catego+9r Total Yearly.Cost Subtotal., Rental Costs $145,556 Subtotal, utilities and Maintenance Costs $61,320 Subtotal. Equipment Costs $2,940 Subtotal, Technology to Facilitate Access Costs $48 Subtotal: Common Identifier Costs TQ INFRA < .UR Cst) S OR .. T •AN 2 .0 86 " nets P o o ` e S are=o lnf as r'tzc re Casts. Iona ed- o ach Cir-ocatad.�-artner The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third -party in-kind contributions. This initial determination will be periodically reconciled against actual coasts incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease: AJGC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. Allocation of Prppafionate Share of lnfrastructure,Gosts for`Go located Partners Co -located Partner Application of Allocated Amount. Amount; CORNERSTONE Methodology Initial Share Gash In -Kind Shared Infrastructure 1,26% $4,103.16 Cost 25C-31 Attachment 3 The other system costs budget includes any other shared services that are authorized for and commonly provided through the AJCC partner programs. As with infrastructure costs, other system costs must be allocable according to the proportion of benefit received by each of the AJCC partner programs, consistent with the partner's authorizing federal statute and Uniform Guidance, The MOU Phase If must also include an agreed upon budget for these other casts along with the agreed upon cost sharing methodology. These costs may be shared through cash or non-cash; AJCC Personnel Budget Detail Contracted Security Guard~ 1 FTE @ 56,737,06 Receptionists (SOA) Total Personnel Budget 1 FTE @ $97,207 � $153,944.06 The cost allocation methodology will be based upon a partner program's occupancy percentac of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of Infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third -party In-kind contributions. This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease. AJCC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or In-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. The cost allocation methodology will be based upon the same methodology as mentioned above, a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost, Co -located Partner Application of Allocated Amount: Amount; EDD Wagner-Peyser Methodology Initial Share Cash In -Kind Other System Casts 1.26% $1,939.70 25C-32 Attachment 3-1 Applicable Career Services 25C-33 The budget must Include "applicable career services" as well as any other shared costs agreed upon by the ADCC partners. While only co -located partners share infrastructure costs, all One - Stop partners must share in other system costs, including applicable career services. All partners that signed the Phase I MOU must also sign the Phase 11 MOU for the sharing of other system costs. � sem.. ;req Dred taoisadates rrr B ge : or " 0.p ice 1 Caree a es Summary of Career Services Applicable to Each AJCC Partner (Phase I MOU). The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and service's.. The other system costs budget is a consolidated budget that includes applicable career ,services. The signed Phase.,. MOU required. identification of the -career services that--were- applicable to each partner program. Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Appilcable Career Services" are not limited to the non -personnel costs and should Include all costs related to the administration and delivery of those services. ADCC Applicable Career Services Cornerstone Career Services- sxxxx • Eligibility Determination (1) • Outreach, Intake and Orientation (2) • Initial Assessment: (3) • lob Search, Placement Assistance, and Career Counseling (4) • Employment statistics -Labor Market Information (5) • Eligible provider performance and program. Cost Information (6) • Local Performance Information (7) • Supportive Services` Infortuation (8) Unemployment Compeneation(9) •-EhgibilityA.ssistanee(14) + Follow -Up Services(I1) * Comprehensive and Specialized Assessments(12) • Individual Employment Plan Development(13) • Group Counseling (14) • individual Counseling and Career Planning (15) • Case Management (I6) • Short -"Germ Prevocational Services (17) Training SXX;X • Occupational Skills Training (1) • Ou-the-Job Training (OJT) (2) • Workplace and cooperative education (3) 25C-33 Attachment 3-1 Applicable Career Services • Training programs operated by the private sector (4) • Skills upgrading and retraining (5) •, :Entrepreneurial training (6) • Job -readiness, training (7) • Adult Education and Literacy programs (8) • Customized training (9) Employer Services $XXIXX • Employer needsassessment (1) • Job posting () • Applicant pre-screening (3) • Recruitment assistance (4) •. Training assistance (5) • Labor Market information (6) • Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Career Service Cost Mxx 25C-34 Santa Ana Workforce Development Board ADCC Partner: Santa Ana WORK Center (City of Santa Ana) 25C-35 Attachment 3 25C-36 of astru re Hu gem. Cost Category/Line lfem Line Item Cost Detail Cost (Yearly) enf i7ental of Faaiiities User Fee (PvwivKtrksI $146,556 Electric Gas *all utilities are Included in the User Fee Water cost ,'Sewer Ga11 nnact lons High -Speed Internet "'included in the Telephonesll-andiines cost Telephones(Landlines) AT&T ... Emratmbwsaa wakcanter34rh,as2t $60,160 $31 9e Gh prusmWNhly usage ($6StW eV,¢ 4 MS) Alarm Monitoring Spectrum Security Systems $1,140 Facility Maintenance Contract • *janitorial service included in User Fee cost �SubtofafUfrfrfres�and,Maintenance,Cosfs�ti„��,�� * ��$81,320* -,E z 4 Assessment -related products EAP 3 Assessments (EdITS) $840 (/00 a5SaS3ht Pit k taganuMedto 1VMfP i}wtarf Assistive technology far Individuals with disabilities rAccess and Accommodation) Other tangible equipment used VOScanModule (womasne'm<a�a. $2,100 to serve all center customers tax muffled M last br I yaw) (not specific to an individual program partner) Specify Other Tanglbta Equipment subtotal., Equlpment costs - 4840 Technoiog"y to Facilitate Access to this ADCC Technology used for the center's Desktops, laptops, flash planning and outreach activities drives, printers. Specify the Technology Cost of creation and SANTAANAWRORG $48 maintenance of a center website (�+'s"rte'm«,pnrcs.�"yasrop:oettts-csrranrt (not specific to an individual program partner) that provides 25C-36 Attachment 3 outreach to customers by providing information on ADCC services and/or provides direct service access to AJCC services Website: SANTAANAWIB.ORG (Does not include data systems or case management systems specific to individual program partners.) .� reWpiv %�.s. .Subfofal7ec no/o}Ylacri�fafe Accessosfs $4a Summary o Tataf lnfrastruotare,Cas be Sfiarredly Ca -located Partite ENO ,to Cost Category Total Yearly Cast Subtotal: Rental Costs $146,556 Subtotal. Utilities and Maintenance Costs $61,320 Subtotal: Equipment Casts $2,940 Subtotal; Technology to Facilitate Access Costs $48 Subtotal: Common identifier Costs TOTAL INFRABTRUG7URE COS7SrEQEi'JAN7AANA 4VQRK CEiVTER' d W�= tx2ziRlxyc�V 'r �`��tnrtRaiPr p ifronafe5iaareaflnfrasfrucfu�eCostsAilQcafedfQBach��"��` ? .$.T 4 ta.. eS.2'? € cS v,i v. k'.5 R .lei .Y 2`i•'a4" V &ia;,N .T.'",C.€ s k` k The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJCG (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of infrastructure costs allocated to each partner based an the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in -.kind), and/or third -party In-kind contributions, This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease. ADCC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot Include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. Allocation of Proportionate Share of Infrastructure Costs for Co4ocated Partners Co -located Partner Application of Allocated Amount: Amount: SAWC Methodology Initial Share Cash In -Kind Shared Infrastructure 52.48% $179,318,61 $171,318.61 Cost 25C-37 Attachment 3 Orr c eci�aerAgreemen The other system costs budget includes any other shared services that are authorized for and commonly provided through the ADCC partner programs. As with infrastructure costs, other system costs trust be allocable according to the proportion of benefit received by each of the ADCC partner programs, consistent with the partner's authorizing federal statute and Uniform Guidance, The M U Phase tl must also include an agreed upon budget for these other costs along with the agreed upon cost sharing methodology. These costs may be shared through cash or non-cash. Shared Comprehensive Personnel Costs for AJCC Co -located Partners Shared Costs based on Proportionate Square Footage Occupied, k QAJGG System Budges1CG P.ersor t�' AJGG Personnel Budget Detail Contracted Security Guard 1 FTE @ 56,737,05 Receptionists (SOA) 1 FTE @ $97,207 Total Personnel Budget $153,944.06 ��/nrffal, Propor�onate Share of/nfrastruc#are,Costs,A/located fu'Each�`�� "� The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJGC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third -party in-kind contributions. This initial determination will be perlodlcaily reconciled against actual costs incurred and adjusted accordingly due to AOA improvements, new occupancy and/or execution of new leasee AJGG partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. Shared Comprehensive Personnel Costs A//ocateif to Each` Co-locateq Partner The cost allocation methodology will be based upon the same methodology as mentioned above, a partner program's occupancy percentage of the AJGG (square footage). This method will ensure a fair and equitable distribution of cost. Allocation of Proportionate Share of Infrastructure Costs for Co -located Partners Co -located Partner Application ofAllocated Amount; Amount;SAWC Methodology Tinitial Share Cash in -Kind Other System Costs 52.4/8% $80,789.84 25C-38 Attachment 3-1 APPLICABLE CAREER SERVICES The budget must include `applicable career services" as well as any other shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One - Stop partners must share In other system costs, including applicable career services. All partners that signed the Phase I MOU must also sign the Phase 11 MOU for the sharing of other system costs. squire coo' salitlated==$ "sfem?�tldge_ � or.'4 plica la %reer,5 ryices ,W 7, Summary of Career Services Applicable to Each AJGG Partner (Phase I MOU) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services, The other system costs budget is a consolidated budget that includes applicable career services. The signed Phase I MCU required identification of the career services that were applicable to each partner program. Accordingly, this budget includes eackt of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner, Unlike infrastructure cost sharing., other system costs, including "Applicable Career Services are not limited to the non -personnel casts and should include all costs related to the administration and delivery of those services. AJCC Applicable Career Services SAWC° Career Services. 5541,376.00 • Eligibility Determination (1) • Outreach, intake and Orientation (2) • Initial Assessment (3) • Job Search, Placement Assistance, and Career Coudscling (4) • Employment statistics -Labor Market Information (5) • Eligible Provider performance and program Cost Information (6) • Local Performance Information (7) • Supportive Services' Information (8) • Unemployment Compensation(9) • Eligibility Assistance(IO) • Follow -Up Services(I1) • Comprehensive and Specialized Assessments(12) • Individual Employment Plan Development (13) • Group Counseling (14) • Individual Counseling and Career Planning (15) • Case Management (i6) • Short -Term Prevocational Services (17) 'Draining $484,982.00 • Occupational Skills Training (1) • On -the -Job Training (OJT) (2) • Workplace and cooperative education (3) Training programs operated by the private sector (4) 25C-39 Attachment 3-1 APPLICABLE CAREER SERVICES s Skills upgrading and retraining (5) + Entrepreneurial training (b) • Job -readiness training (7) • Adult Education and Literacy programs (8) • Customized training (9) Employer Services $209,549.20 • Employer needs assessment (t) + Job posting (2) + Applicant pre-screening (3) • .Recruitment assistance (4) • Training assistance (5) « Labor Market Inforination (6) _ + Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Career Service Coat $2,235,90720 25C-40 Santa Ana Workforce Development Board AJCC Partner: for Progress, Inc, 25C-41 Attachment 3 INFRASTRUCTURE BUDGET Infras ru ure B tlgeY: Cost Category/l the Item dine item Cost Detail 25C-42 Cost (Yearly) Ften Rental ofFacilities User Fee tmacwaee�$146,556 a Sub#of L Renta! Costs�� ' #6 55G "tea b `.L Utehttesand�Intenance��<�� °'°.v�S'+NcaxMv- Electric - Gas '"all utiltles are included in the user Fee Water cost Sewer Connections High -Speed Internet ""included in the Telephones/Lendlines cost Telephones (Landlines) AT&T' EDDMMbUWS W4 *COeJW04'NOS W $60,180 $31 eachptus monmly&v "($Man&vg Ames) Alarm Monitoring Spectrum Security Systems $1,140 Facility Maintenance Contract '"'lanitodai service included in user Fee cast Sub#o'taf utilities andMamtenance Costs Cq}on „ Assessment -related products EAP 3 Assessments (EdITS) $840 t+oo ass�samen[s+rox assumea ro raaz rw +r�1 Assistive technology for individuals with disabilities ("Access and Accommodation') Other tangible equipment used VOSean Moduleisoohmwae*mds- $2,100 to Serve all Center customers. taxsssumadrotastrortyear) (not specific to an individual program partner) Specify Other Tangible Equipment Subtotal.• Equipment Costs $2,940 Technology to Facilitate Access to the AJCC Technology used for the center's Desktops, laptops, flash planning and outreach activities drives, printers. Specify the Technology Cost of creation and SANTAANAW tB.ORG $48 maintenance of a center wobsite (3reaz'""1„s7ireeron:as/tangoe1taer7) (not specific to an individual program partner) that provides 25C-42 Attachment 3 outreach to customers by _ providing information on AJCC services and/or provides direct Service access to AJCC services Website: SANTAANAWIB. CRC (Does not Include data systems or case management systems specific to individual program partners.) n'°i..•'• '^€'T, 2.i+Sft`"3` g=Sti <. '. iSJ�' ? TSabtotal7 echno'lagyta Facrhtal1e A Gosiis�1 cress .�a� .Suromaty of Tatar Infrastructure Casts Qa Shared y Go located Partners �`��, Cost CategoryTotal Yearly Cost_ Subtotal., Rental Costs $946,956 Subtotal. Utilities and Maintenance Costs $69,320 Subtotah Equipment Costs $2,940 Subtotal. Technology to Facilitate Access Costs $48 Subtatah Common Identifier Costs rTQTAL�INFi2ASTRUCTURE Cd3T8'F(SRSANTA�ANA�R ' � �� ro t"`'$21Q 864,. ' s�> Inrtcal Proporironafe Share of infrastructure Costs �tllocafed to,Each �� „v , The cost allocation methodology wil I be basedupon a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether It will be provided through cash, non-cash (in-kind), and/or third -party in-kind contributions, This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA Improvements, new occupancy and/or execution of new lease. AJCC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. if noncash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent' with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. Allocation of Proportionate Share of Infrastructure Costs for Co -located Partners Co -located Partner Application of Allocated Amount; Amount: SER Methodology Initial Share Cash In -Kind Shared Infrastructure 2.53% $8,241.34 Cost 25C-43 Attachment 3 `GbE oca e a ne M Ii ) ent Min The other system costs budget includes any other shared services that are authorized for and commonly provided through the AJGC partner programs. As with Infrastructure costs, other system costs must be allocable according to the proportion of benefit received by each of the AJGC partner programs, consistent with the partner's authorizing federal statute and Uniform Guidance. The MOU Phase If must also include an agreed upon budget for these other costs along with the agreed upon cost sharing methodology. These costs may be shared through cash or non-cash. Shared Comprehensive Personnel Costs for AJGC Co-tocated Partners Shared Costs based on Proportionate Square Footage Occupied. �° ACC Sysfem Budget€ AJGC'Peisonne . AtCC Personnel Budget Detail Contracted Security Guard 1 FTE @ 56,737.05 Receptionists (SOA:) 1 FTE @ $97,207 Total Personnel Budget $153,944X6 ;� r�elnrtaattaro b lonaeSrareofl asfruetureGosfs�l�ocatedYo act The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJCG (square footage). Thfs method will ensure a fair and equitable distribution of post. The initial proportionate share of infrastructure casts allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether It will be provided through cash, non-cash (in-kind), and/or third -party in-kind contributions. This initial determination will be periodically reconciled against actual costs Incurred and adjusted accordingly due to ADA Improvements, new occupancy and/or execution of new lease, AJCG,partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. if non-cash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with. Uniform Guidance Section 200.336 to ensure they are fairly evaluated and meet the partner's proportionate share. Shared Comprehensive`Persbnnel CostsJAllocafedto Each 6640,64 led Partner The cost allocation methodology will be based upon thesamemethodology as mentioned above, a partner program's occupancy percentage of the AJGC (square footage). This method will ensure a fair and equitable distribution of cast. Allocation of Proportionate Share of Infrastructure Costs for CO -1 old Partners Co -located Partner Application of Allocated Amount: Amount: SEF/ Methodology Initial Share Gash In -Kind' Other System Casts 2:53% $3,894.7$ 25C-44 Attachment 3-1 APPLICABLE CAREERSERVICE5 arr B e- ODBI' e SA, s The budget must include "applicable career services" as well as any either shared costs agreed upon by the AJCC partners. While only co -located: partners share Infrastructure costs; all One. Stop partners must share in other system costs, including applicable career services. All partners that signed the Phase I MQU must also sign the Phase I I MQU for the sharing of other system costs. Rer�uire ,Co sot a Sys m°`�d,_get-for ` e• areer e _ ces ,� Summary of Career Services Applicable to Each AJCC Partner (Phase I MOU) The agreed upon budget for other system costs aligns with the Phase I MQU agreement that outlined shared customers and services. The other system costs budget is a consolidated budget that includes applicable career services. The signed Phase_I MQU required identification of the .career services thatwere applicable to each partner program. Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. ADCC Applicable Career Services SER Career Services- $XX • EligibilityDetermination(1) • Outreach, Intake and Orientation (2) • Initial Assessment (3) • Jab Search, Placement Assistance, and Career Counseling (4) • Employment statistics -Labor Market Information (S) • Eligible Provider performance and program Cost Information (6) • Local Performance Information (7) • Supportive Services' Information (8) • Une€nploymentCornpensation(9) • Eligibility Assistance() Q) • Follow -Up Services(I1) • Comprehensive and Specialized Assessments(12) • Individual. Employment Plan Development (13) • Group Counseling (14) • Individual Counseling and Career Planning (IS) • Case Management (16) • Short -Terse Prevocational Services (17) Training _ Sxx Occupational Skills Training (1) • On -the -Job Training (OJT) (2) • Workplace and cooperative education (3) 25C-45 Attachment S-1 MUSCOMMUMM • Training programs operated by the private sector (4) • Skills upgrading and retraining (5) • Entrepreneurial training (6) • Tub -readiness training (`l) • Adult Education and Literacy programs (8) • Customized training (9) Employer Services $ • Employer needs assessment (1) Job posting (2) • Applicant pre-screening (3) • Recruitment assistance (4) • Trainingassistance (S5) + Labor Market information (G) • Employer information and referral (7) • Rapid Response and Layoff Aversion (9) Total Career Set -vice Cost SXX 25C-46 Santa Ana Workforce Development Board AJCC Partner: F Insurance 25C-47 Cost CategoryCLine Item Rental of Facilities Electric Gas Water High -Speed Internet Line Item Cost Detalf User Fee (,,,wawP ks) "*all utilities are Included In. the User Fee cost ***Included in the TelephonesA.andlines Met Attachment 3 Cost (Yearly) $146,556 Telephones (Landlines) 1 AT&T . �o� P P W,:®swa c sa malar I $$0,180 a31 aechPdus rrondfifywa+la j38Wmo avg 4mos� Alarm Monitoring I Spectrum Security Systems 1 $1,140 Facility Maintenance Contract °'°ianitarlai service Inaudaa in user Fse coat Assessment -related products EAP 3 Assessments ffao aaso5 enta t Wx isSpml klG Em Assistive technology for individuals with disabilities rAccess and Accommodation') Other tangible equipment used VOScan Module (woo "na«acards+ $2,100 to serve all center customers rax8MMd0Wt1Pr1yoa,) (not specific to an individual program partner) Specify Other Tangible Equipment Technology used for the center's Desktops, laptops, flash planning and outreach activities drives, printers. the Technology Cost of creation andSANTAANAWIB.ORG $48 maintenance of a ce nter website (.1yearwMwitnas3"ycarw.OVaVlsacn4117) (not specific to an individual program partner) that provides 25C-48 Attachment 3 INFRASTRUCTURE BUDGET Outreach to customers by providing information on AJGC services and/or provides direct service access to AJGG Services Website: SAN7AANAW/B. ORG (goes not include data systems or case management systems specific to individual program partners.) MHO eco/ogy o, aci/' ces os Summa, + f Taia � rlfrast a ure Cosfs a e' a d y - o. ca a =lea oars Cost Category rota! Yes Cost Subtotal: Rental Costs $146,556 Subtotat: Utilities and Maintenance Costs $61,320 Subtotal. Equipment Costs $2,940 Subtotal: Technology to Facilitate Access Casts $48 Subtotal: Common ldentiter Costs TSU A NFUCT OSTS?FOWSAN, A 2l0 864 . TWO K CENSE � tali roportiona e�Sha�e°rii'�frasittctnre<-osts. (lacatedQ acct The cost allocation methodology will be based upon a partner program's occupancy percentage of the ADCC (square footage). This method will ensure a fair and equitable distribution of cost, The Initial proportionate share of infrastructure costs allocated to each partner based an the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (Irt-kind), and/or third -party in-kind contributions. This initial determination will be periodically reconciled against actual casts incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease, AJCG partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs, If non-cash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share, Ailcication'of Proportionate Share of Infrastructure Costs forCo locates} partners . Co -located Partner Application of Allocated Amount: Amount: EDD Wagner -Poyser Methodology Initial Share Cash In-kind Shared Infrastructure 41.65% $121,496.70 Cost 25C-49 Attachment 3 o e.. e e a e. a xtzs The other system costs budget includes any other- shared services that are authorized for and commonly provided through the AJCC partner programs. As with infrastructure costs; other system costs must be allocable according to the proportion of benefit received by each of the AJCC partner programs, consistent with the partner's authorizing federal statute and Uniform Guidance. The MOU Phase // must also include an agreed upon budget for these other costs along with the agreed upon cost sharing methodology. These costs may be shared through cash or non-cash. Shared Comprehensive Personnel Costs for AJCC Co -located Partners Shared Costs based on Proportionate Square Footage Occupied. Budge k, Ag _x AJCC Personnel Budget Detail Contracted Security Guard 1 FTE @ 56,737:06 Receptionists (SOA) 1 FTE @ $97,207 Total Personnel, Budget $163,944.06 ltta �P o o - to S a e, fg r ` ruc re Gos lib edo arr The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of Infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third -party In-kind contributions. This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease. AJCC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot Include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. Shared Comp�ehens�ue Personnel Cosh Allocated to Each Ga located Partner 4 _.�. The cost allocation methodology will be based upon the same methodology as mentioned above, a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. Ail kation of Proportionate Share of lnfrastruc`tur'e Costs for o=locate artners Co -located Partner Application of Allocated Amount: Amount, EDC} Wagner-Peyser Methodology Initial Share Cash In -Kind Other System Costs 41.65% $64,117.70 25C-50 Attachment 3-1 Sharing Other One -Stop Delivery System Masts The budget must include "applicable career services" as well as any other shared costs agreed upon by the ADCC partners, While only co -located partners share infrastructure costs, all One - Stop partners must share in other system costs, including applicable career services. Ali partners that signed the Phase I MOU must also sign the Phase I I MOU for the sharing of other system costs, Required Consolidated System Budget for "Applicable Career Services" Summary of Career Services Applicable to Each ADCC Partner (Phase I MOU) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services; The other system costs budget is a consolidated budget that includes applicable career services, The signed Phase I MOU required identification of the career services khat were applicable to each partner program. Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner, Unlike infrastructure cost sharing, other system costs, including 'Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. ADCC Applicable Career :Services EDD Career Services; $1,018,391.26 Eligibility Determination (1) $13,306.00 + Outreach, Intake and Orientation (2) (EDD Ul) Initial Assessment (3) Job Search, Placement Assistance, and Career Counseling (4) Employment statistics -Labor Market Information (5) Eligible Provider performance and program Cost Information (6) ■ Local Performance Information (7) Supportive Services' Information (8) Unemployment Compensation(9) • EligibilityAssistance(10) follow-IJp Services(11) s Comprehensive and Specialized Assessments(12) Individual Employment Flan Development (13) • Group_ Counseling (14) a Individual Counseling and Cw-cer Planning (I5) • Case Management (16) * Short -Term Prevocational Services (17) Training $86,647,64 • Occupational 'kills Training (1) # On -the -Job Training (OJT) (2) ■ Workplace and cooperative education, (3) 25C-51 Attachment 3-1 EMBEHMMMEMM e • +' Train big programs operated by the private sector (4) Skills upgrading and retraining (5) Entrepreneurial training (6) Jib -readiness. training (7) Adult Education and Literacy prograrns,(8) Customized training (9) Employer Services 523.9,294,48 • Employer needs assessment (1) • Job posting (2) • Applicant pro. -screening (3) • Recruitment assistance (4) • `Fra.trarig assistance (5) a Labor Market Information (b) * Employer information and referral (7) • rapid Reponse and Layoff Aversion (8) Total Career Service Cost $1,374,333A8 (L+ DD Ul) 25C-52 For Santa Ana Workforce Development Board AJC Partner: Department of Vocational Rehabilitation 25C-53 Cost Categoryltine Item Rental of Facilities Electric Gas Water High -Speed Internet INFRASTRUCTURE BUDGET Lino Item Cost Aetali User Fee imbltcwoaa) ""all utilities are included in the User Fee cost **1nduded In the Teiephones/Landilnes cost Attachment 3 Cost (Yearly) Telephones (Landlines) AT&T ..mno am nu serww caeca sa+ ea at $60,180 Wl achPk1& ,HhiyM9e(Se:M 9W 4rms) Alarm Monitoring Spectrum Security Systems $1,140 Facility Maintenance Contract `"Ianitorlal service included in User Fee cost Assessment -related products EAP 3 Assessments (100 aseaasmaats- tax assumetl to t, M4 Assistive technology for individuals with disabilities ( Access and Accommodation') Other tangible equipment used VOScanModule (s=maene&otvsf $2,100 to serve all center customers (axa ntedm lasts loaf) (not specific to an individual program partner) Specify Other Tangible Equipment Technology used for the center's Desktops, laptops, flash planning and outrea( I drives, printers. Specify the Technology Cost of creation and SANTAANAWIB.ORG $48 maintenance of a center website r'rea>te n WOR$ rywon: P8 alfe-w1v1 ) (not specific to an Individual program partner) that provides 25C-54 Attachment 3 INFRASTRUCTURE BUDGET outreach to customers by providing information on ADCC services and/or provides direct service access to ADCC; services Website: SANTAANAW18.ORG (Does not include data systems or case management systems specific to individual program partners.) 8' o a• e o og o. aci ifa a cc s s s u ma o a` as ru ret �os t oa a e y Co -I e' a CostCategory Tota€ Yearly Cost, Subtotal: Rental Costs $146,666 Subtotal.Utilities and Maintenance Costs $61,320 Subtotal. Equipment Costs $2,940 Subtotal. Technology to Facilitate Access Costs $48 Subtotal: Common identifier Costs Cl �tLI IN 1 !1UET E DOST 0 1 R lni ral ro o a a e S are of` nfras€rucfur Cos sx gc d to c The cost allocation methodology will be based upon a partner program's occupancy percentage of the ADCC (square footage). This method will ensure a fair and equitable distribution of cost, The initial proportionate share of infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, noncash (in-kind), and/or third -party in-kind contributions. This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease. AJC:C partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure posts. If non -crash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share, Allocation of Proportionate Share of Infrastructure Costs for Go located Partners Co -located Partner Application of Allocated Amount. Amount: DOR Methodology Initial Share Cash In -Kind Shared Infrastructure 1,26% $4,103:15 Cost 25C-55 Attachment 3 OTHER SHARED COST BUDGET Co- o at d Pa r ,e me • t r O he Sys e s s, The other system costs budget includes any other shared services that are authorized for and commonly provided through the AJCC partner programs. As with infrastructure costs, other system costs must be allocable according to the proportion of benefit received by each of the AJCC partner programs, consistent with the partner's authorizing federal statute and Uniform Guidance. The MOU Phase ll must also include an agreed upon budget for these other costs along with the agreed upon cost sharing methodology. These costs may be shared through cash or non-cash. Shared Comprehensive Personnel Costs for AJCC Co -located Partners Shared Costs based on Proportionate Square Footage Occupied. mt ACC Sys et Bud eB1CC Person e t n AJCC Personnel Budget Detail Contracted Security Guard 1 FTE @ 56,737.06 Receptionists (SOA) 1 FTE @ $97,207 Total Personnel Budget $153,944.06 lin ti_aFtP:opor`tona a Sha e"�oln"rs'�ruc,�rCos s.A�loc ed fo Each-. Y C0_ oocctte@artner' The cost allocation methodology will be based upon a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. The initial proportionate share of infrastructure costs allocated to each partner based on the above methodology, each partner's estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third -party in-kind contributions. This initial determination will be periodically reconciled against actual costs incurred and adjusted accordingly due to ADA improvements, new occupancy and/or execution of new lease. AJCC partners may provide cash or non-cash contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot include non - infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner's proportionate share. k � }� �,tr{ Sharetl CoSnprehensiVe Personnel Costs Allocated �o Each '�< � � ? �� , `�, � � FYMh�Ts. 2*.�aPh a F..v;f ..Zn. vJ lkii.5j.1�:�`a =T�Mt Y<1'awtN/I,aA4'.-. L;xf Af. i>[.,�, w? -.£Y5 i,�v.>�. s. N�fRS�d .�.�,f'+Yx . SE•e}k y,� �', The cost allocation methodology will be based upon the same methodology as mentioned above, a partner program's occupancy percentage of the AJCC (square footage). This method will ensure a fair and equitable distribution of cost. a" `Allocation of Proportionate Share of Infrastructure Costs for.Co located Partners £ _ t. S.o i... ..xd Co -located Partner Application of Allocated Amount: Amount: DOR Methodology Initial Share Cash In -Kind Other System Costs 1.26% $1,939.70 25C-56 Attachment 3-1 Applicable Career Services The budget must include "applicable career services" as well as any other shared costs agreed upon by the ADCC partners. While only co-located partners share infrastructure costs, all One- top partners must share In other system costs, including applicable career services. All partners that signed the Phase t MOO must also sign the Phase II MOU for the sharing of other system costs. e = fo so "iia e s e o e e ce Summary of Career Services Applicable to Each AJCG Partner (Phase 1 MOU) The agreed upon budget for other system costs aligns with the Phase 1 MOU agreement that outlined shared customers and servlces. The other system costs budget 'is a consolidated budget that includes applicable career services. The signed Phase I MOU required identification of the career services that were applicable to each partner program, Accordingly, this budget includes each of the partner's casts for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including °Applicable Career Services" are not limited to the non-personnel costs and should Include all costs related to the administration and delivery of those services. AJCC Applicable Career Services DOR Career Services. S,X • Eligibility Determination (1) • Outreach, Intake and Orientation (2) • Initial Assessment (3) • Job Search, Placement Assistance„ and Career Counseling (4) • Employment statistics-Labor Market Information (5) • Eligible Provider performance and program Cost information (6) • Local Performance Information (7) • Supportive Services' Information (8) • Unemployment Compensation(9) • Eligibility Assistance(I 0) • Follow-Up Services(11) • Comprehensive and Specialized Assessments(12) • Individual Employment Plan Development (13) • Group Counseling (14) • individual Counseling and CarcerPlanning (I5) • Case Management (16) • Short-Term Prevocational Services (t 7) Training sxx xx • Occupational Skills Training (1) • On-the-Job, Twining (OJT) (2) • Workplace and cooperative education (3) • Training programs operated by die private sector (4) 25C-57 Attachment 3-1. Applicable Career Services • 'Skills upgrading and retraining (5) • Entrepreneurial training (6) • Job -readiness training (7) • Adult Education and Literacy prowams (8) • Customized training (9) i'umployer Services SXY.IXX • Employer needs assessmernt (I ) • Job posting (2) • Applicant pre-screening (3) • keeruitrnent tosistanee (4) • "Training assistance (5) • Labor Market Information (6) • Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Career Service Cost �y 25C-58 Partner:AJCC 25C-59 MEMORANDUM Of UNDERSTANDING (PHASE 11) PARTIES The parties to this Menionualum of Understanding Phase 11 (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Development Board:(WITH),. and I ............. .... .... . ---(AJCC Partner). LEGAL AUTHORITY The Workforce Innovation and Opportunity Act (W10A) a= 121(c)(1) requires that each Local Workfbree Development Board with the agreement of the Chief Local Elected Official, develop and enter into a Memorandum of Understanding (MOU) with each AJCC patina, Consistent with WIGA, See, 121(c)(2), concerning the operation of the AJCC delivery system in the City of Santa Ana. This requirement is further, described in the Workforce hattavation and Opportunity Act; Joint RU16 for Unified and Combined 'State Plans, Performance Accountability, and the AJCC System Joint Provisions. Final Rule at 20 CFR 678.500, 34 CFK 361;500, and 34 CFR 463.500, and in Federal guidance. Additionally, the sharing and allocation of taftastructure costs among AJCC partners is governed by WIOA see. 121(h),, its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, co at Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. INTRODUCTION The Santa Ana Workforce Development Board's goal is to create an integrated location and a unified structure and process of proactive, transparent, land effective job seeker and business ,services, orchestrated by a seamless collaboration of talent development and support agencies. The purpose of this MOU is to define the parameters within which education, workforce, economic development, and other Partner programs and entities operating within the jurisdiction of the City of Santa Ana create ascamless, customer -focused America's Job Ceuta of California (AJCC) network that aligns service delivery across the board and enhances access to program services, By realizing AJCC opportunities together, partners are able to build community - benefiting bridges, rather than silos of programmatic isolation. These partnerships will increase customer access and performance outcomes: LOCAL/REGIONAL VISION STATEMENT, MISSION STATEMENT, AND GOALS Santa Ana's vision rests on integrating current and future resources through its WITH partners, Integration suggests more than partnering or assembling multiple funding sources. It means making certain that all elements of the Workforce support system work together to create synergy for its target populations by offering inviting and seamless services, wherever a client enters the system, Santa Ana's vision also embraces the future, as all visions should. It spawns new industries and clusters and changes old ones. It generates fresh workforce opportunities in the process. The Santa Ana WDB's'stratcgir plan rests not only on strengths of its current industrial base, but also the demands of emerging business and economic trends. Finally, Santa Ana's vision is sensitive to the needs of its unique demographics and regional mix. As a major supplier of workforce for surrounding conrinunities,, Santa Ana is firmly embedded in its regional and cluster matrix. Santa Ana's implementation of the vision entails enhancing business and 9 25C-60 supports social and educational services and access to them, mostly though not exclusively through its AJCC and WDB, An effective efficient administration is necessary to deliver the services that make each of thesestrategies effective. The Santa Ana WDB's overall strategies: I. Identify regional clusters most likely to create new jobs in which Santa Ana's workforce can participate and the foundational requirements of such jobs; 2; Expand small business development support as a creator of new jabs and method for grooving the local tax base; 3. Educate Santa Ana's current and future workforce through classroom pre -training and training activities, pias on-the-job training and workforce skill enhancement activities; 4. Offer career pathway progrants for both unemployed and employed adults and youth.; 5. Increase access to jobs for disconnected and underserved populations, especially youth, o. Organize, Integrate and support social and lather services through'the WDB's network of partnerships, volunteer organizations, and established institutional resources; and 7. Assure. funding from all public, private, and other sources in support of its programs. SYSTEM STRUCTIJAC AMERICA'S JOB CENTERS OF CALIFORNIA The, Sana Ana Workforce hoard has one comprehensive Al CC in the City of Santa Ana which is designed to provide a fuiI hinge of assistance to job seekers and businesses under one roof. Established: under the Workforce Investment Act of 1098 and continued by the WIQA,, the AJCC offers a comprehensive array of services designed to match talent with opportunities. 1, American Job Center (Comprehensive) Santa Arta WIO,JtfKCEMfER 1000 E. Santa Ana Blvd., Suite 200, Suite 220 SautaAna, CA 92701 (714) 565-2600 wmv.satita-ana.ca.gov/workeenter Monday— Friday $;00 am until 5:00 pin AJCC ONE-STOP OPERATOR, The Santa Ana Workforce Development Board will utilize the same AJCC One -Stop (AJCC) Operator as the OCDB, The Orange County Development Board procured the ADCC Operator through a competitive process in accordance with the uniform Guidance Cost Principles contained in the Uniform Administrative Requirmnents, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (uniform Quidance); including the Office of Management and Budget's (OMB) approved exceptions for the U.S. Depaitment of Labor at 2 CFR part 2900, WIOA and its implementing regulations, and local procurement laws and regulations. All documentation for the competitive AJCC operator procurement is available for public inspection. The State requires that the ADCC operator is re -competed mit least every three years and no later 13 25C-61 than every four years. Functional details etre outlined in the Roles and Responsibilities of Partners section, tinder ADCCOperator ROLES AND RFS ONSIBILIVES OF PARTNERS Tho Parties to this ogreement will work closely together to ensure that The ;AJCC is a highs poiforraing work place with staff that will ensure quality of service. ALL PARTIES TO THIS AGREEMENT SHALL COMPLY WITH; * Section 188 of the W10A Nondiscrimination and Equal "Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016), * Title Vi of the Civil Rights Act of 1964 (Public Law 88-352), * ' Section 504 of the Rehabilitations Act of 1973, as amended, * Thr Americans with DisabilitiesActof 1990 (Public Law 101-336) * The Jobs for Veterans tact (Public Law 1€ 7-288) pertaining to priority ofservice in programs funded by the U.S., Department of Labor, 4 Training, and Employment Guidance Letter (TEOL) 37-14,. Update on Complying with Ntradiscritnination. Requirements, Discrimination Eased on Gender Identity, •Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrinii nation in the Workforce Development System and other guidance related to maptercenting W10A sec. 1 &8, * The Farmly'Educational Rights and Privacy Act (FERPA) (20 U.S,C,. § 1232g} 34 CFR pact 99), * Confidentiality requirementsgoverning` the protection and Ilse of personal information held by the VR agency (34 CFIi 361,38), * The confidentiality requirements governing die use of confidential information held by the State Ul agency (20 CFR, put 603), * All amendments to Back :and * All requirements imposed by the regulations issued ptarsuant to these acts, The above provisions require, in part, that no persons in the United States shall, an the grounds of race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits provided by federal and/or state funding, or otherwise be subjected to discrindnation. ADDITIONALLY, ALL PARTIES SHALL: M 25C-62 * Collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in this IVO€J, Agree that the provisions contained heroin are trade subject to all applicable federal and state laws, implementing regulations, and guidelines imposed on either or all Parties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers, and Agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this agreement. PARTNM Each Partner commits to cross -training of staff, as, appropriate, .and to providing; either professional learning: opportunities that promote continuous quality improvement. Partners will further promote system integration to the maximum extent feasible through: • Effective communication; information sharing, and collaboration with the ATCC Operator, Joint planning, policy development, and system design processes, • Commitment to tho joint-rnission; mesion, goals, strategies, and performance measures; w The design and use of coninnon intake, assessment, referral, and ease management processes; ® The use of common and/or linked data management systems and data sharing methods; as appropriate; • Leveraging of resources, including; other public agency and non-profit organization services; Participation in a continuous imptovomout process designed to boost outcomes and increase customer satisfactions and • Participation in xegularly scheduled Partner nhcetings to exchange information in support of -die above and encourage program and staff integration: DATA SHAWNG Partners agree that the use of high-quality, integrated data is essential to inform decisions made by policymakers, employers, and job seekers.Additionally, it is vital to develop and maintain € n integrated case management system, as appropriate, that informs customer service throughout customors' interaction with the integrated system and allows information collected from customers at intake to be captured once, Partners further agree that the collection, use, and disclosure of customers' personally identifiable information (PH) is subject to various requirements set forth in Federal and $tate S 25C-63 privacy tams. Partners acknowledge that the execution of this M01U, by itself,, Maes not functi Each Party will ensure that the collection and use of any information, systems, or records that contain PII and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each Party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply with applicable law. Each Party expressly agrees to take measures to ensure that no PII or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the Parties for the Parties' performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the PII contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38. REFERRALS The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners agree to: • Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners' programs represented in the AJCC network; • Develop materials summarizing their program requirements and making them available for Partners and customers; • Develop and utilize common intake, eligibility determination, assessment, and registration forms as appropriate; • Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under partner programs; • Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; 25C-65 ■ Commit to robust and ongoing communication required for an effective referral process, and Commit to actively follow tip on the results of referrals and assuring that Partner resources ate being leveraged at an optimal Ievel. ACCESSIBILITY Accessibility to the services provided by the A7CCs and all Partner agencies is essential to meeting the requirements and goals of the local AICC network. Job seekers and businesses trust be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal favi. NON-DISCRIMINATION AND EQUAL OPPORTUNITY All Parties to this MOU certify that they prohibit, and will continue to prohibit, disch nation, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of. (i) political, or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, cator, creed, or national. origin; (ii) seat or age, except when age or sex constitutes a bona fide occupational: qualification; or (iii) thephysical or mental disability of a qualified individual with a disability, The Parties specifically agree that they will comply with Section 188 of the WICA, Nondiscrimination and Equal Opportunity. Regulations (29 CFR fart 38; Final Rule December 2, 2416), the Americans with Disabilities Act (42 U,S.C, 12141 et seq.), the bion -traditional Employment for Women Act of 1991, titles VI and V11 of the Civil Rights of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, the Age (Discrimination Act of 1967, as amended, titre IX of the -Education Amendments of 1972, as amended, and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including but not limited to 29 CFR Part 37 and 38, GPJF.VAWCFS AND COMPLAINTS PROCEDURE The ADCC partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WTOA. The process for handling grievances and complaints is applicable to customers and partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The partner farther agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. All partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves police authorities, AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE The ADCC partner agrees to ensure that the policies and procedures as well as the programs and services provided at the ADCC are in compliance with the Americans with Disabilities Act and its amendments. Additionally, partners i agree to fully comply with the provisions of W10A, Title Vii of the civil Rights act of 1964, the Age Decimation Act of 1475, Title IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing the aforementioned laws: The WDB and the America's lob Center of Califorara partners will ensure R1 25C-66 that policies and procedures established by the WDB and the America's Job Center of California partners are in compliance with the Americans with Disabilities Act (ADA). HOLD HARMLESS/INDEMNIFICATION/LIABILITY In accordance with provisions of Section 895.4 of the California Government Code, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. hi addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney's fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney's fees arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU. SEVERABILITY If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. DRUG AND ALCOHOL -FREE WORKPLACE All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drag -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U,S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. CERTIFICATION REGARDING LOBBYING All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Section1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations. DEBARMENT AND SUSPENSION All Parties shall comply with the debarment and suspension requirements (E.0.12549 ard12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485, PRIORITY OF SERVICE All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations 7 25C-67 that receive, a focusforservices under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners:. BUY AMERICAN PROVISION Each Party that receives finds made available under title I or It of WIOA or under the Wagner- 'eyser Act (20 U.S.C. Section 49, et. seq) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA Section $02 € nd 20 CPR 683.200((), SALARY CONWENSA ION AND BONUS LIMITATIONS Each Party certifies that; when operating grants funded by the U.S. Department of Labor, It complies with TEOL 05-06, Implementing the Salary and Bonus Limitations in Public Law 104- 234, TE%L 17-15, Workforce innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities program Allotments for Program Year (PY) 20173 Final PY 2a17 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments, and Workforce Information. Grants to States Allotments for PY 2017, Public Laws It 4-113 (Division H, title L Section 105) and 11:4-223, and W10A section 194(1 S)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or Indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level IL TERMINATION This MOLT will remain in effect until the end date specified in the Effective Period section below, unless: All Parties mutually agree to terminate this MOU prior to the end date; • Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal, period. Any party unable to perform pursuant to MOO due to lack of funding shall notify the other Parties as soon as theparty has knowledge that funds may be unavailable for the continuation of activities under this MOU, * WIOA is repealed or superseded by subsequent federal law; * Local area designation is changed under WIOA;. A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the Local BOARD Chair (or designee) specifying such breach in reasonable detail, In such event, the tion -breaching, party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect immediately, In the event of termination, the Parties to the MOO roust convene within thirty (30) days after the breach of the MOU to discuss the formation of the successor MOU, At that time, allocated costs (oust be addressed. 10 25C-68 All Parties agree that this MOU shall bereviewedand renewed not less than once every 3 -year period to ensure appropriate funding and delivery of services, EFFECTIVE PERIOD This MOU is entered into on September 1, 2017. This MOU will became effective as of the date of signing by the final signatory below and must terminate an August 31, 2020, unless any of the reasons in the Termination section above apply. AJCC OPERATING BUDGE' T The purpose of this:section'is to establish a .financial plan, including terms and conditions, to fund the services and operating costs of the local AJCC.. The Parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: • Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers,andbusinesses in the Local area; Reduces duplication :and maxi' m' es program impact through the sharing of services, resources, and technologies among Partners (thereby improving each program's effectzvenessj; Reduces overhead costs for any one partner by streamlining and sharing financial, procurement, and facility costs, and Ensures that costs are appropriately shared by ADCC Partners by determining contributions teased on the proportionate use of the AJCC centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable authorizing statutes and all other applicable legal requirements, including the Uniform Guidance. The Partners consider this ATCC operating budget the mister budget that is necessary to, maintain the Local Hoard's high -standard AJCC, it includes the following cost categories, as required by W10A and its iznplementingregulations; • Ttrfrastradure costs (also separately outlined in the Infrastructure Funding Agreement (IFA)); • Career services; and • Shared services, All costs must be included in the NIOU, allocated according to Partners' proportionate use and relative benefits received, and reconciled on a quarterly basis against actual casts incurred and adjusted accordingly. The ADCC operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must negotiate in good faith and seek to establish outcomes that are reasonable and fair. 25C-69 COST ALLOCATION METHODOLOGY Cost allocation is the process of assigning to two or more programs the costs of an item shared by the programs, The goal is to ensure, that each program bears its fair sham, and only its fair sharo, of the total cost of the item. A, cost allocation plan is a written account of the methods used to allocate costs to the programs occupying the A.ICC's.. The requirement to allocate the costs of shared resources can be met by using logical and rational methods to ensure that each program is paying only its fair share of the cost of an item used in common, and that no program is subsidizing another, Generally, the methods used to allocate a shared cost shouldbe the simplest, most straightforward. way of allocating this type of cost fairly. Complex, highly detailedmethods should be avoided when a simple one will achieve the objective. Methods, rules or formulas that use percentages; or fractions of cost items are acceptable. Accordingly, shared costs will be based upon the square footage occupied in the AICC. Santa Ana )V/O/RIIf CENTER 1000 E3 Santa Ana Blvd., Suite 200 & Suite 220 Santa Ana, CA 92701 A7CC Partners Co4ocated at the AJiCC: Location of all partners is detailed in ADCC Partner's Location (Attachment Z), is not co -located within the Comprehensive AICD in Santa Ana. Therefore, infrastructure budgets are not included in this MOU. INFRAS'fRVCTURF, FUNDING AGREEMENT T The Infrast Changes in the ADCC Partners or an appeal by an ADCC partner's infrastructure cost contributions will require a renewal ofthe MOV, (TF -GL 17-16, RSA TAC 17-03, and OCTAE Program Memo 17-3; Infrastructure Funding of the On"top Delivery System (pp. 17-18 and AttachmentlI)l Cash Cash funds provided to the Local Board or its designee by AJCC Partners, either directly or by an interagency transfer, or by a third patty: Non -Cash Expenditures incurred by AJCC Partners on behalf of the AJCC and Non-cash contributions ox goads or services contributed by a Partner program and used by the ADCC. TWd-piety In-kind Contributions of space, equipment, technology, tion.-persomiel services, or other lake items to support the infrastructure costs associated with ADCC operations, by a nor- A7CC Partner to; Support the ADCC in general; or Support the proportionate share of AJCC infrastructure oasts of a specific partner. [20 CFR 678.7213; 20 CFR, 6784760, 34 CFR .361,720; 34 CFA 361.760; 34 CFA 463;720; and 34 CFR 463.760] Other AkC Delivery System Costs The budget- must include "applicable career services" as well as any other shared costs: agreed upon by the ADCC partners (Attachment 3). The other system costs budget must be a consolidated budget that includes a line item for applicable career services, The signed Phase I MOU required identification of the career: services that were applicable to each partner program. Accordingly, this budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system: budget for career services applicable to more than one partner. Fallowing is a Summary of career services applicable to each AJCC Delivery System Partner (Santa Ana AJCC Partner Service Matrix (Attachment 1)) CAROM SERVIC"' Career services include self-help service services requiring minimal staff, assistance and services requiring more staff involvement generally provided to individuals unable to find employment through basic career services, and deemed to be in need ofincre concentrated services to obtain employment; or who are employed but deemed to be in Aced of more concentrated -services tike training toobtainor retain employment that allows for self-sufficiency. 1. Eligibility Determination: This is the process of obtaining and documenting information about art individual's circumstances and comparing that information with the criteria set by an agency or program to decide if the individual qualifies for participation 2. Outreach, Intake and Orientation: Outreach activities involve the collection, publication; and dissemination of information on program services available and directed toward jobless, economically disadvantaged, and other individuals. Intake is the process of collecting basic information, e.g., name, address, phone number, SSN, slid all other requiredinformation to M 25C-71 determine eligibility or ineligibility for an individual's program. Orientation, whether offered in a group setting, one-on-one, or electronically, is the process of providing broad information to customers in order to acquaint them with the services, programs, staff, and other resources at the Santa Ana Work Center, or its partner agencies. 3. Initial Assessment: For individuals new to the workforce system, initial assessment involves the gathering of basic information about skill levels, aptitudes, abilities, barriers, and supportive service needs in order to recommend next steps and determine potential referrals to partners or community resources. 4. Job Search, Placement Assistance, and Career Counseling: Job Search helps an individual seek, locate, apply for, and obtain a job. It may include but is not limited to: job finding skills, orientation to the labor market, resume preparation assistance, development of a job search plan, job development, referrals to job openings, placement services, job finding clubs, job search workshops, vocational exploration, relocation assistance, and re- employment services such as orientation, skills determination, and pre -layoff assistance. Placement Assistance is a service that helps people to identify and secure paid employment that matches their aptitude, qualifications, experiences, and interests. Career Counseling is a facilitated exploration of occupational and industrial information that will lead to a first, new, or abetter job for the individual. 5. Employment statistics -Labor Market Information: Collect and report data about employment levels, unemployment rates, wages and earnings, employment projections, jobs, training resources and careers; (LMI) 6. Eligible Provider performance and program Cost Information: Collect and provide information on: A. Eligible training service providers (described in WIOA Section 122) B. Eligible youth activity providers (described in WIOA Section 123) C. Eligible adult education providers (described in WIOA Title II). D. Eligible postsecondary vocational educational activities and vocational educational activities available to school dropouts under the Carl Perkins Act (20 USC 2301). E. Eligible vocational rehabilitation program activities (described in Title I of the Rehabilitation Act of 1973). 7. Local Performance Information: Collect and provide information on the local area's recent performance measure outcomes. 8. Supportive Services' Information: Collect and provide information on services such as transportation, child care, dependent care, housing, and needs -related payments that are necessary to enable an individual to participate in employment and training activities. 14 25C-72 5. Unemployment Compensation: Collect and provide information on filing claims for state benefit payments that protect individuals Rom economic insecurity while they look for work. Claims may be filed an -line or via telephone available, in the Santa Ana Work Center. 10. Eligibility Assistance. Provide guidance to individuals on eligibility for other programs and on financial aid assistance far training and education programs that aro available in the local area. 11.. Follow -Up Services; Services provided to participants who are placed in unsubsidized employment, for not loss than 12 months after the first clay of the employment,' These services assist those individuals to :maintain employment or qualify for promotions with that employment. 12. Comprehensive and Specialized Assessments: A closer look at the skills levels arid; service needs that may include; A. Diagnostic Testing acid use of other assessment tools; and B. in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. 13. Individual Employment Plan Developments Working with individuals to identify their employment goals, the appropriate achievement objectives, and the appropriate combination of services that will help the individual achieve those goals. M Group Counseling 15. Individual Counseling, and Career Planning 16. Case Management, For participants who receive training services under-WIOA Section 134(d)(4). 17. Short -Term Prevocational Set -vices, Can include development of learning skills; communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training, TRawjwG Srxvx( s Services offered through a training provider to help individuals upgrade their skills, caro degrees and certifications, or otherwise enhance their employability through learning and education. Types of training services include: 1, Occupational Skills Training: An organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate or advanced levels 2. tin -the -Job Training (OJT); Training by an employer that is provided to a paid participant while engaged in productive work that is limited in duration, provides knowledge or skills is 25C-73 essential to the full and adequate performance of the job; and reimburses the employer for the costs associated with training the OJT trainee often calculated based on a percentage of the trainee's wages. 3 Workplace and cooperative education-. Programs that combine workplace training with related instruction which may include cooperative education programs * Training programs operated by the private sector 5. Skills upgrading and retraining. Courses that prepare persons for entrance into a new occupation through instruction in new and different skills demanded by technological changes. These courses train incumbent workers in specific skills needed "by that business or industry and that lead to potential career growth and increased wages, This includes courses that develop professional competencies that are particularly relevant to a -vocational/occupational goal. It must be demonstrated that the training will result in the workers' acquisition of transferrable skills or an industry -recognized certification or credential. 6. Entrepreneurial training.. 7; Job -readiness training 8, Adult education and literacy programs: Services or instruction below the postsecondary level for individuals who are not enrolled or required to be enrolled in secondary school under state law and lack basic educational skills to enable the individuals to function effectively in society and on ajoh, Services include, hot are not limited to, one-on-one instruction, coursework, or workshops that provide directions for the development and ability to read; write, and speak in English, compute, and solve problems at levels of proficiency necessary to function in society or on the job; 9. Customized training, Training fiat is designed to meet the special requirements of employer or group of employers and that is conducted with a commitment by the employer to employ an individual upon successful completion of the training and for which the employer pays for a portion of the cost of training., E MPLOVERS SFRVTCES 1. Emplayer needs assessment. Evaluation of employer needs, particularly future hiring and talent needs. I Job pasting;: Receiving and filling of job openings, searching resumes; providing access to a diverse labor pool. I Applicant pre-screenlrtg. Assessing; candidates according to the employer's requirements and hiring needs; referring candidates based on their knowledge, skills, and abilities relative to the employer requirements, d. Recruitment assistance: Raising awareness of employers and job openings and attracting individuals to apply for employment at abiring organization. Specific activities may include 15 25C-74 posting of employer announcements, provision: ofjob applications, and hosting job fairs and mass recruitment. S. Training assistance: Providing training resourees to enable employers to upgrade employee ;skills, introduce workers to new technology, or to help employees transition into new positions. 6. Labor Market Information: Access to information on tabor market trends, statistics, and other data related to the economy, wages, industries, etc, 7, Employer information and referral: Provision of information on topics of interest to employers such as services available in the carnmunity, local training providers, federal laws and requirements, tax information, apprenticeship programs, human resource practices, alien labor certification, incentive programs such as WQTC or the federal bonding program, etc. 8. Rapid Response and Layoff Aversion. Provision of services to prevent downsizing or closure or to assist during layoff events; Strategies may include incumbent worker training to avert layoffs, financing options, employee ownership options, placement assistance, worker assessments, establishment of transition centers, labor-management committees, peer counseling, etc. Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system costs budget must be a consolidated budget for applicable career services. This budget most include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner, Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non perscanel costs and should include .all costs related to the administration and delivery of those services; ATTACItIl3ENTS Attachment 1: AJCC Partner location and Map Attachment 2: Santa Ana AlCC Partner Service Matrix Attacbment 3, Applicable Career Services Attachment 4: Comprehensive A1CC allocation for all Partners Phase II M4t7Requirement. "The state is in the process of auplementing the requisite statewide data tracking system, and once such data are available, all non-co-1peated partners who are receivang•henefnt front the AICs will also be required to contribute their praportionate share towards` Nfrastructure costs. Ccrosequently, the Phase D tlfG7U-must Include art assurance;(rom all non -co -located partners that they agree to pays their proportionate share of irafi�astructure casts its soon as sasfjleient data are available By signing, all parties agree that when data are available to determine the ADCC benefit to non -co -located partners, the infrastructure cast sharing agreement will be renegotiated to in their proportionate share of contributions as appropriate. 17 25C-75 THIS MEMORANDUM CSF UNDERSTANDING is hereby signed. and agreed to on the date first written above, FOR'= CITY OF SANTA ANA Attest, Maria D. Huizar, Clerk of the Council Recommended For Approval: Robert . Cortez, Acting Executive Director Community Development Agency City Of Santa Ana: Cynthia J. Kurtz, Interim City Manager i t R # •.. Y. 4 f R Lee McMuxtrny, Chair ADCC Partner Name, Title Address Date 25C-76 Forittc :o, City Attorney Attachment 1 Partner Program Partner Authorization/Category Physically Organization Co -Located Title I Adult, Dislocated City of Santa Ana WIOA Title I Adult, Dislocated Workers, Workers and Youth Youth Programs Yes programs Rancho Santiago WIOA title II Adult Education and Family Adult Education/ Community College Literacy Act (AEFLA) program Literacy and Carl Perkins. District Career and technical education (CTE) Career Technical programs at the postsecondary level, No Education authorized underthe Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.02301 et seq,) Employment WIOA title III Wagner-Peyser Employment Wagner-Peyser Development Services, authorized under the Wagner - Department (EDD) Peyser Act (29 U.S.C. 49 et seq.), also Yes providing the state's public labor exchange. Employment Jobs for Veterans State Grants (JVSG), Veterans Development authorized under chapter 41 of title 38, Yes Department (EDD) U;S.C. Employment Trade Adjustment Assistance (TAA), Trade Act Development authorized under chapter 2 of title lI of the Yes Department (EDD) Trade Act of 1974 (19 U�&C. 227letseq.) Unemployment Employment Unemployment Insurance (Ul) programs fnsuranee�Ul) Development understate unemployment compensation No Department (EDD) laws. State Department of WIOA title IV State Vocational Vocational Rehabilitation Rehabilitation program authorized under les Rehabilitation Services title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) Temporary Assistance Social Service Temporary Assistance for Needy Families for Needy Families Agency -Family Self- (TAN F), authorized under part A of title IV Na {TANF) Sufficiency of the Social Security Act (42 U,5,C: 601 et seq.) Senior Aid Program Senior Community Service Employment Senior Aid Program Regions II & Ili Program (SCSEP), authorized under title V Yes SER -lobs for of the older Americans Act 4f 1965 (42 Progress, Inc. U.S.C. 3056 et seq.) Jab Corps Long Beach Job Carps WIOA Title I C, Jobs Corps No Job Corps Cornerstone WIOA Title i C, Jobs Corps Solutions Yes Native American Southern California Indian and Native American Programs No Programs Indian Center (Section 166) 25C-77 Attachment 1 Partner Program Partner OrganizationCo-Located Authorization/Category Physically Housing &Urban Santa Ana Housing Housing & urban Development (HUD) No Development Authority FamilySelf-SufficitqSy_ELoigram Adult remonstration Grange County Reentry Employment'Opportunities (EO) Sheriffs Department programs authorized under sec. 212 of the No Second Chance Act of 2007 (42 U.S.C. 17532) and WIQAsec. 169 25C-78 SANTA ANA WORK AMERICA�S JOB CENTER OF CAIuomu AND PARTNERS tn' r„ c i z No Santa Ana WORK Center Americafs Joh Center of California 1 OBOE Santa Ana Blvd,. #200 Santa Ana, CA 02701 Partners. Employment Development Department State. Department of Rehabilitation O.C. Soclal Services Agency Goodwill Industries SER/Senior Aid Program H AV A4. Centennial Adult Education. 2900 W. Edinger Ave. Santa Ana, CA 92704 Santa Ana College t iS30W.17th St. Santa Ana, CA 92706 5 U0111 State Department of Rehabilitation 79OThe City Drive, Suite 110 Orange, CA 92868 Social Services Agency 1928 S, Grand Ave. Santa Ana, CA.92706 Cortege&Warkforee CURCIP Valley High School Preparation Center 7 1801 S. Greenville 1572 N. Main St.��%�� Santa Ana, CA 92704 Orange, CA 9286725C— ^m Long Beach Job Corps 1903 Santa Fa Ave. Long (teach, CA 90810 Southern California Indian Center 10175 Slater Ave., #150. Fountain Valley, CA 92708 Community Action Partnership of O.C, 1, 11870 Monarch St, Garden Grave, CA 92841 b mLn a0 r y Q. til CSm tti a, w rri m m cn N � Ao cri N E O s^E H tti rt #7 rl. tit ri s. tlq Ln W 7`. r. M by C CtiE lY1- Q Afi W N ny. 6_U Gdb xy l`^i ei Cf' C"'t 'C'f M') .. ttt 4 (x'.ko L. IH E eq - M tP4 Ln v ..- H , 4m 7 ySJ H !MO `L✓ M M tiff '4'+"i ty M sl' Ki � C' tt5 N M fY'F M eNY [t1 ;C? _Ci 'eF' ii 'm m �. E 0- CL t,t, E .., tiE b: t ,, +. Dtl 0 4 o a o o E o v'� we a c d a` >o ori vt� > 5 w C p p g w CS u„ya 4 sm .� m it C] G m +' C G G a ut O c n v, ca E E E E E" .E (n cz ¢ a m c% m ,Q t o L'' Q m a _✓^ a. W C5, Ct, Gt. C 4 err N fu ttT V W a to W W W 4I t lQ Gi Q ci w Vii 0 m V1 tU E G ILIr m oa G c E (U :0 r m E m w v w cu +© 0 •�C. m .`5' > fq � ' � I ■u I QQ$!! H G Y a 4 c y C 6 � o v C P m Y3 O y� �l d1 H ui v4 4 Yf W Y p ci R � d N A� b v Lk � a � A C N G 4 q c g c O C W C W o N w V N R a � w 1 N d p� Z W W a v 'y no rri n; -i po y Nni r � vmi yc� .. i vx vs v+ us +n u+ w ar+ lir vw yr +ry iry .. ro § m �R Myci b Q a f] a � ry ti m` a ry YF q U 'yy+ryryaa'F tr Nl .� � 4 u_ i1 Ett, b Vii W G� N M M N '$. 1 \ -1 �� a� U. $ w a� w w ,:, a a a a z {p W �i X; v w r Is *Ra. G it � vSqJ� d O O O QQ$!! H G Y a 4 c y C 6 � o v C P m Y3 O y� �l U ui 4 Yf W Y p ci R � d N A� V v Lk � a � A C N G 4 q c g c O C W C W o N w V N R a � w 1 N d p� Z W W For Santa Ana Workforce Development AJCC Partner: Rancho Santiago Community College District 25C-82 Attachment 3 Applicable Career Services 25C-83 The budget must include "appllcable career services" as well as any other shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One - Stop partners must share in other system casts, including applicable career services, All partners that signed the Phase I MOU must also. sign the Phase It MOU for the sharing of other system costs, Re "d�i�re. Cd:nso,.l�ra� ea 5�Y$ fe 9 App�icabIe Career�Sertr(c� ,� � �. Summary of Career Services Applicable to Each AJCC Partner (Phase l MOU) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services. The ether system costs budget is a consolidated budget that includes applicable career services. The signed Phase I MOU required identification of the career services that were applicable to each partner program, Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Servicese' are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. AJCC Applicable Career Services RSCCD Career SServices.' U41,363.75 • Eligibility Determination (1) • Outreach; Intake and Orientation () • Initial Assessment (3) • lob Search, PlacementAssistance, and Career Counseling (4) • Employment statistics -Labor Market Information (5) • Eligible Provider performance and program Cost Information (6) • Local Performance infonnation (7) • Supportive Services' Information (8) • Unemployment Compensation(9) • Eligibility Assistanee(l0) • Follow -Up Services(I1) • Comprehensive and Specialized Assesstnents(I2) • Individual Employment Plan Development (13) • Group Counseling (lit) ■ Individual Counseling and Career Planning (I5) * Case Management (16) * Short -Tenn Prevocational Services (I7) Training $421,370;80 • Occupational Skills Training (1) is On -the -Job Training (O.IT) (2) * Workplace and cooperative ed4cstion (3) • Training programs operated by the private sector (4) 25C-83 Attachment 3 Applicable Career services • Skids upgrading and retraining (5) • Entrepreneurial training (6+) • Job -readiness training (7) o Adult Education and. Literacy programs (8) • Customized training (9) Employer Services $0 • Employer needs assessment (l) • Arab posting (Z) • Applicant prescreening (3) • Recruitment assistance (4) • "graining assistance (5) • Labor Market Information(6) a Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Carter Service Cost $883,734.55 25C-84 I For # 1 AviTRIM HousingAJCC Partner: Santa Ana 1, 25C-85 Attachment 3 Applicable Career Services The budget must include "applicable career services" as well as any other shared costs agreed upon by the AJCC: partners, While only co -located partners share infrastructure costs, all one - Stop partners must share in other system costs, including applicable career services, All partners that signed the Phase I MOU must also sign the Phase 11 MOU for the sharing of other system costs. egu fed°' w, eci s em 8 d fa p ice a ee . 4e . s Summary of Career Services Applicable to Each AJC C Partner (Phase I MOO) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services. The other system costs budget is a consolidated budget that includes applicable career services, The signed Phase I MOU required identification of the career services that were applicable to each partner program. Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one. partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. ADCC Applicable Career Services HOUSING Career Services; $81229.00 • Eligibility Determination (1) + Outreach, Intake and (Orientation (2) Initial Assessment (3) Job Search, Placement Assistance, and Career Counseling (4) • Employment statistics -Labor Market information (S) Eligible Provider performance and program Cost Information (6) * Local Performance Information (7) • Supportive Services` Information (8) • Unemployment Compensation(9) • EligibilityAssistance(ti)) • Follow -Up So-vices(H) Comprehensive and Specialized Assessments(12) + Individual .Employment Plan Development (13) Croup Counseling (14) Individual Counseling and Career Planning (l S) Case Management (16) • Short -Tenn Prevocational Services (17) Training $74,06t.00 0 occupational Skills Training (1) • on -the -lob Training (OJT) (2) Workplace and cooperative education (3) Trainingprograms operated by the private sector (4) 25C-86 Attachment3 Applicable Career Services • Skills upgrading and retramiag (5) • Entrepreneurial training (6) • Job -readiness training (7) • Adult Education and Literacy programs (8) • Customized training (9) Employer Services $0 • Employer needs assessment (1) • Job pasting (2) • Applicant pre-screening(3) • Recruitment assistance (h) • "Graining assistance (5) • Labor Market Information (6) r Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Career Service Cost 882;290:40 25C-87 For Santa Ana Workforce Development Board. AAJCC Partner: Long Beach Job Corps Center 25C-88 Attachment 3 Applicable Career Services ONORININKAMThe budget must include "applicable career services" as well as any other shared costs agreed upon by the AJCC partners.. While only cc -located partners share Infrastructure costs, all One - Stop partners must share in other system costs, including applicable career services. All partners that signed the Phase I MOU must also sign the Phase II MQU for the sharing of other system costs. Summary of Career Services Applicable to Each ADCC Partner (Phase I MOU) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services. The other system costs budget is a consolidated budget that includes applicable career services. The signed Phase. I MOU- required identification of the career services that were applicable to each partner program. Accordingly, this budget Includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing„ other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services ADCC Applteable Career Services JOE CORPS Career Services: $XX • Eligibility Detenninadon (1) • Outreach, Intake and Orientation (2) • Initial Assessment (3) • lob Search, Placement Assistance, and Career Counseling (4) • E nptoyment statistics -Labor Market Information (5) • Eligible Provider performance and program Cost Information, (6) • Local Performance information (7) • Supportive Services` Information (8) • Unemployment Compensation(9) • Eligibility Assistance(I0) • Follow -Up Services(I I) • Comprehensive and. Specialized. Assessments(12) • Individual Employment Plan Development (13) • Group Counseling (14) • Individual Counseling and Career Planning (15) • case Management(l6) • short -Term Prevocational Services (17) Training $X • Occupational Skills Training (1) • On-the-JobTraining, (OJT) (2) 25C-89 Attachment Applicable Career Services • Workplace and cooperative education (3) • Training programs operated by the private sector (4) • Skills upgrading and retraining (S) • Entrepreneurial training (6) • Job -readiness training (7) s Adult Education and Literacy -programs (8) • customized training (9) Employer Services SXX • Employeruceds assessment (1) • :Job posting (2) • Applicant_ prersereening( ). • Recruitment assistmice (4). • Training assistance (S) • Labor Market Inforination (G) • Employer information and referral (7) • Rapid Response and LayoffAversion (S) Total Career Service- Cost 5 25C-90 Memorandum of Understanding M For Santa Ana Workforce Development Board AJCC Partner - California Center 25C-91 Attachment 3 Applicable Career Services 25C-92 The budget must Include "applicable career services" as well as any Cather shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One - Stop partners must share in other system casts, including applicable career services, All partners that signed the Phase i MOU must also sign the Phase II MOU for the sharing of other system costs. e, Y,oc;z'�. nso[" at08 s e e o. p i h ee a ree Summary of Career Services Applicable to Each A,JCC Partner (Phase I MOU) The agreed upon budget for other system costs aligns with the Phase I MOU agreement that outlined shared customers and services. The other system costs budget is a consolidated budget that includes applicable career services. The signed Phase I MOU required identification of the career services that were applicable to each partner progratri, Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, rather system costs, including °Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. ADCC Applicable Career Services i NDIAN CFNTEZ2 Career Servicest $XX • Eligibility Determination (1) r, •'- Outreach, Intake and Orientation (G) • Initial Assessment (3) • Job Search,Placeiaent Assistance, and Career Counseling (4) • Employment statistics -Labor Market Information (S) • .Eligible Provider performance and program Cost information (l) • Local Performance: Information (7) • Supportive Services' Information (8).. s Unemployment Compensation(9) • Eligibility Assistance(10) • Follow -Up Services(I1) • Comprehensive and Specialized Assessments(12) • Individual Employment Plan Development (I3) • Croup Counseling (14) • Individual Counseling and Career Planning (15) • Case Management (16 • Short -Term Prevocational Services (17) Training SXX • Occupational Skills' Training (1), • On -tine -Jab Training (OJT) (2) ► Workplace and cooperative education (3) 25C-92 Attachment 3 Applicable Career Services • Training programs operated by the private sector (4) • Skills upgrading and retraining (5) • Entrepreneurial training (6) • Jab -readiness training (7) • Adult Education and Literacy programs ($) • Customized training (4) Employer Services $XX • Employer needs assessment (1) • Job posting (2) • Applicant pre-screening (3) • Recruitment assistance (4) • Training assistance (S) • Labor Market Information (6) • Employer information and referral (7) • lapid Response and Layoff Aversion (8) Total Career Service Cast $XX 25C-93 25C-94 MEMORANDUM OF UNDERSTANDING (PHASE II) BETWEEN ORANGE COUNTY DEVELOPMENT BOARD SANTA ANA WORKFORCE DEVELOPMENT BOARD AND ORANGE COUNTY SHERIFF -CORONER DEPARTMENT LEGAL AUTHORITY The Workforce Innovation and Opportunity Act (WIOA) sec. 121(c)(1) requires that each Local Workforce Development Board with the agreement of the Chief Local Elected Official, develop and enter into a Memorandum of Understanding (MOU) with each One -Stop Partner, consistent with WIOA Sec. 121(c)(2), concerning the operation of the one-stop delivery system in the Orange County Region. This requirement is further described in the Workforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One - Stop System Joint Provisions: Final Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance. Additionally, the sharing and allocation of Infrastructure costs among one-stop partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. INTRODUCTION The Orange County Development Board and the Santa Ana Workforce Development Board's goal is to create integrated locations and a unified structure and process of proactive, transparent, and effective job seeker and business services, orchestrated by a seamless collaboration of talent development and support agencies. The purpose of this MOU is to define the parameters within which education, workforce, economic development, and other Partner programs and entities operating within the jurisdiction of the Orange County Region create a seamless, customer -focused America's Job Center of California (AJCC) network that aligns service delivery across the board and enhances access to program services. By realizing one-stop opportunities together, partners are able to build community - benefiting bridges, rather than silos of programmatic isolation, These partnerships will increase customer access and performance outcomes. While Phase I established the framework for service provision, Phase II defines how to best support the established service delivery model through the sharing of resources and costs, VISION Empower Orange County employers, individuals, and communities to prosper and grow the region's economy through a workforce development system that is inherently customer -centered, seamless, and effective. Exhibit 3 25C-95 MISSION To establish a workforce system that provides data -driven and employer -validated talent solutions through the integration of education, workforce, and economic development resources across systems. SYSTEM STRUCTURE AMERICA'S JOB CENTERS OF CALIFORNIA The Orange County Development Board (OCDB) has two comprehensive and two affiliate AJCCs, also known as one-stop centers, which are designed to provide a full range of assistance to Job seekers and businesses under one roof. Established under the Workforce Investment Act of 1998 and continued by the WIOA, the centers offer a comprehensive array of services designed to match talent with opportunities. The Santa Ana Workforce Board has one comprehensive ADCC in the City of Santa Ana. There is one additional comprehensive AJCC In the City of Anaheim, which is administered by an independent Workforce Development Board. The State of California has designed Orange County as a Regional Planning Unit. ADMINISTERED BY THE ORANGE COUNTY DEVELOPMENT BOARD American Job Center (Comprehensive) 17891 Cartwright Road Irvine, CA 92614 (949) 341-8000 www.oconestop.com Monday -- Friday 8:00 am till 5:00 pm (Monday until 7:00 pm) 2. American Job Center (Comprehensive) 7077 Orangewood Avenue, Suite 200 Garden Grove, CA 92841 (714)241-9000 www.oconestop.com Monday — Friday 8:00 am till 5:00 pm (Wednesday until 7:00 pm) 3. American Job Center (Affiliate) 6281 Beach Blvd., Suite 307 Buena Park, CA 90621 (714) 562-9200 www.oconestop.com Monday — Friday 8:00 am till 5:00 pm 4. American Job Center (Affiliate) Veterans Service Center Joint Forces Training Base Building 244 11200 Lexington Drive Los Alamitos, CA 90720 www.oconestop.com Monday— Friday 8:00 am till 5:00 pm 25C-96 F.11 11 IT, I 1111 5. American Job Center (Comprehensive) Santa Ana W/O/R/K CENTER 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565-2600 www.santa-ana.org/workeenter Monday — Friday 7:30 am until 5:00 pm ADMINISTERED BY THE CITY OF ANAHEIM 6. American Job Center (Comprehensive) Anaheim Jobs 290 South Anaheim Blvd., Suite 100 Anaheim, CA 92805 (714)765-4350 www.anaheimjobs.com Monday — Friday 8:00 am until 5:00 pm ONE-STOP OPERATOR The OCDB selected the one-stop operator through a competitive process in accordance with the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform Guidance), including the Office of Management and Budget's (OMB) approved exceptions for the U.S. Department of Labor at 2 CFR part 2900. WIOA and its implementing regulations, and Local procurement laws and regulations. All documentation for the competitive one-stop operator procurement is available for public inspection. The State requires that the one-stop operator is re -competed at least every three years and no later than every four years. Functional details are outlined in the Roles and Responsibilities of Partners section, under One -Stop Operator PARTICIPATING ELECTED OFFICIALS, WORKFORCE BOARDS AND AJCC PARTNERS Chief Elected Officialls: Chair, Orange County Board of Supervisors: Michelle Steel Mayor, City of Santa Ana: Miguel A. Pulido Local Workforce Development Boardis: Orange County Development Board Santa Ana Workforce Development Board AJCC Partner Orange County Sheriff -Coroner Department 25C-97 Additional One -Stop Partners Other entities that carry out a workforce development program, including Federal, State, or Local programs and programs in the private sector, may serve as additional Partners in the American Job Center network if the Local Board and chief elected official(s) approve the entity's participation. Additional Partners may include employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self -Sufficiency Program established under sec. 1148 of the Social Security Act (42 U.S.C. 1320b-19), employment and training programs carried out by the Small Business Administration, Supplemental Nutrition Assistance Program (SNAP) employment and training programs, authorized under secs. 6(d)(4) and 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4) and 2015(o)), Client Assistance Program authorized under sec. 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732), programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 at seq.), and other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector, programs providing transportation assistance, and programs providing services to individuals with substance abuse or mental health issues. [20 CFR 678.410; 34 CFR 361.410; 34 CFR 463.410; and TELL 17-16, RSA TAC 17.03, and OCTAE Program Memo 17-3, Infrastructure Funding of the One -Stop Delivery System (p. 7)] Infrastructure PARTNER SERVICES At a minimum, Partners will make the below services available, as applicable to the program, consistent with and coordinated via the AJCC network system. Additional services may be provided on a case by case basis and with the approval of the Local Board. Basic Career Services: Outreach, intake and orientation to the information, services, programs, tools and resources available through the Local workforce system. In and out of area Job search and placement assistance (including provision of information on in - demand industry sectors and occupations and non- traditional employment) Basic Career Services cont. Initial assessments of skill level(s), aptitudes, abilities and supportive service needs Access to employment opportunity and labor market Information Performance information and program costs for Information on performance of the Local workforce eligible providers of training, education, and system workforce services Ell 25C-98 Information on the availability of supportive services Information and meaningful assistance on and referral to such, as appropriate Unemployment Insurance claim filing Determination of potential eligibility for workforce Partner services, programs, and referral(s) Individualized Career Services: Comprehensive and specialized assessments of skills levels and service needs Referral to training services Literacy activities related to work readiness Case management for customers seeking training services; individual in and out of area job search, referral and placement assistance Workforce preparation services (e.g., development of learning skills, punctuality, communication skills, interviewing skills, personal maintenance, literacy skills, financial literacy skills, and professional conduct) to prepare individuals for unsubsidized employment or training Training: Occupational skills training through Individual Training Accounts (ITAs) On -the -Job Training (OJT) Programs that combine workplace training with related instruction which may include cooperative Information and assistance in applying for financial aid for training and education programs not provided under W I OA Individualized Career Services cont. Development of an individual employability development plan to identify employment goals, appropriate achievement objectives, and appropriate combination of services for the customer to achieve the employment goals Group counseling Individual counseling and career planning Work experience, transitional jobs, registered apprenticeships, and internships Post -employment follow-up services and support (This is not an individualized career service, but listed here for completeness.) Training cont. Adult education and literacy activities, including English language acquisition (ELA), provided in combination with the training services described above Incumbent Worker Training Training programs operated by the private sector education Skill upgrading and retraining Entrepreneurial training Customized training conducted with a commitment Other training services as determined by the workforce by an employer or group of employers to employ an partner's governing rules individual upon successful completion of the training 5 25C-99 YOUNG ADULT SERVICES Tutoring, study skills training, instruction, and Alternative secondary school services, or dropout evidence -based dropout prevention and recovery recovery services, as appropriate. strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential Paid and unpaid work experiences that have as a Occupational skill training, which shall include priority component academic and occupational education, consideration for training programs that lead to which may include: I recognized postsecondary credentials that are aligned Summer employment opportunities and other with in -demand industry sectors or occupations in the employment opportunities available throughout the local area involved, school year, pre -apprenticeship programs, internships and job shadowing, and on-the-job training opportunities. Education offered concurrently with and in the Leadership development opportunities, which may same context as workforce preparation activities " include community service and peer -centered and training for a specific occupation or activities encouraging responsibility and other positive occupational cluster. social and civic behaviors, as appropriate. Supportive services. Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months. Follow-up services for not less than 12 months after Comprehensive guidance and counseling, which may the completion of participation, as appropriate. include drug and alcohol abuse counseling and referral, as appropriate. Financial literacy education. Entrepreneurial skills training. Services that provide labor market and employment Activities that help youth prepare for and transition to information about in -demand industry sectors or postsecondary education and training. occupations available in the local area, such as career awareness, career counseling, and career exploration services. H 25C-100 BUSINESS SERVICES Serve as a single point of contact for businesses, Conduct outreach regarding Local workforce system's responding to all requests in a timely manner services and products Provide access to labor market information Assist with the interpretation of labor market information Use of one-stop center facilities for recruiting and Post job vacancies in the state labor exchange system interviewing job applicants and take and fill job orders Provide Information regarding workforce Provide information and services related to development initiatives and programs Unemployment insurance taxes and claims Conduct on-site Rapid Response activities Provide customized recruitment and job applicant regarding closures and downsizing screening, assessment and referral services Conduct job fairs Consult on human resources issues Provide information regarding disability awareness Provide information regarding assistive technology issues and communication accommodations Assist with disability and communication Develop On -the -Job Training (OJT) contracts, accommodations, including job coaches incumbent worker contracts, or pay -for -performance contract strategies Develop customized training opportunities to meet Provide incumbent worker upgrade training through specific employer and/or industry cluster needs various modalities Develop, convene, or implement industry or sector partnerships 7 25C-101 ROLES AND RESPONSIBILITIES OF PARTNERS The Parties to this agreement will work closely together to ensure that all AJCCs are high - performing work places with staff who will ensure quality of service. ALL PARTIES TO THIS AGREEMENT SHALL COMPLY WITH: • Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016), • Title VI of the Civil Rights Act of 1964 (Public Law 88-.352), • Section 504 of the Rehabilitation Act of 1973, as amended, • The Americans with Disabilities Act of 1990 (Public Law 101-336), • The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor, • Training and Employment Guidance Letter (TELL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA sec. 188, • The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99), • Confidentiality requirements governing the protection and use of personal information held by the Vocational Rehabilitation Agency (34 CFR 361.38), • The confidentiality requirements governing the use of confidential information held by the State Unemployment Compensation Agency (20 CFR part 603), • All amendments to each, and • All requirements imposed by the regulations issued pursuant to these acts. The above provisions require, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. ADDITIONALLY, ALL PARTIES SHALL: • Collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in the Partner Services section above, • Agree that the provisions contained herein are made subject to all applicable federal and state laws, implementing regulations, and guidelines imposed on either or all Parties 25C-102 relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers, and • Agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this agreement. PARTNERS Each Partner commits to cross -training of staff, as appropriate, and to providing other professional learning opportunities that promote continuous quality improvement. Partners will further promote system integration to the maximum extent feasible through: • Effective communication, information sharing, and collaboration with the one-stop operator; • Joint planning, policy development, and system design processes; • Commitment to the joint mission, vision, goals, strategies, and performance measures; • The design and use of common intake, assessment, referral, and case management processes; • The use of common and/or linked data management systems and data sharing methods, as appropriate; • Leveraging of resources, including other public agency and non-profit organization services; • Participation in a continuous improvement process designed to boost outcomes and increase customer satisfaction; and • Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration. #Y_-VVTVTWTTTZI M Partners agree that the use of high-quality, integrated data is essential to inform decisions made by policymakers, employers, and job seekers. Additionally, it is vital to develop and maintain an integrated case management system, as appropriate, that informs customer service throughout customers' interaction with the integrated system and allows information collected from customers at intake to be captured once. Partners further agree that the collection, use, and disclosure of customers' personally identifiable information (PII) is subject to various requirements set forth in f=ederal and State privacy laws. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements. Per the final Workforce Services Draft Directive 16-23 from the Employment Development Department and the California Workforce Development Board, the Mandated Use of One E 25C-103 Integrated Data System — Direct Data Entry into CalJobs, all partners of the AJCC agree to utilize this data system for inputting job seeker and employer information. All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following: • Customer PII will be properly secured in accordance with the Local BOARD's policies and procedures regarding the safeguarding of PII; • The collection, use, and disclosure of customer education records, and the PII contained therein, as defined under FERPA, shall comply with FERPA and applicable State privacy laws; • All confidential data contained in UI wage records must be protected in accordance with the requirements set forth in 20 CFR part 603; • All personal information contained in VR records must be protected in accordance with the requirements set forth in 34 CFR 361.38; • Customer data may be shared with other programs, for those programs' purposes, within the AJCC network only after the informed written consent of the individual has been obtained, where required; • Customer data will be kept confidential, consistent with Federal and State privacy laws and regulations; and • All data exchange activity will be conducted in machine readable format, such as HTML or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). All one-stop center and Partner staff will be trained in the protection, use, and disclosure requirements governing PII and any other confidential data for all applicable programs, including FERPA-protected education records, confidential information in UI records, and personal information in VR records. CONFIDENTIALITY All Parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, Including PII from educational records, such as but not limited to 20 CFR Part 603, 45 CFR Section 205.60, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as any applicable State and local laws and regulations, in addition, in carrying out their respective responsibilities, each Party shall respect and abide by the confidentiality policies and legal requirements of all of the other Parties. Each Party will ensure that the collection and use of any information, systems, or records that contain PII and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each Party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply 10 25C-104 with applicable law. Each Party expressly agrees to take measures to ensure that no PH or other personal or confidential Information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the Parties for the Parties' performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized Individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the PH contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38. REFERRALS The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners agree to: • Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners' programs represented in the AJCC network; • Develop materials summarizing their program requirements and making them available for Partners and customers; • Develop and utilize common intake, eligibility determination, assessment, and registration forms, as appropriate; • Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under partner programs; • Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; • Commit to robust and ongoing communication required for an effective referral process, and • Commit to actively follow up on the results of referrals and assuring that Partner resources are being leveraged at an optimal level. 11 25C-105 ACCESSIBILITY Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting the requirements and goals of the local AJCC network. Job seekers and businesses must be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal law. Physical Accessibility One-stop centers will maintain a culture of inclusiveness and the physical characteristics of the facility, both indoor and outdoor, will meet the latest standards of accessible design. Services will be available in a convenient, high traffic, and accessible location, taking into account reasonable distance from public transportation and adequate parking (including parking clearly marked for individuals with disabilities). Indoor space will be designed in an "equal and meaningful" manner providing access for individuals with disabilities. Virtual Accessibility The Local Board will work with the California Board to ensure that job seekers and businesses have access to the same information online as they do in a physical facility. Information must be clearly marked and compliant with Section 508 of the U.S. Department of Health and Human Services code. Partners will comply with the Plain Writing Act of 2010; the law that requires that federal agencies use "clear Government communication that the public can understand and use" and all information kept virtually will be updated regularly to ensure dissemination of correct information. Partners should either have their own web presence via a website and/or the use of social media, or work out a separate agreement with the Local Board to post content through its website. Communication Accessibility Communications access, for purposes of this MOU, means that individuals with sensory disabilities can communicate (and be communicated with) on an equal footing with those who do not have such disabilities. All Partners agree that they will provide accommodations for individuals who have communication challenges, including but not limited to individuals who are deaf and hard of hearing, Individuals with vision impairments, and individuals with speech- language impairments. Programmatic Accessibility All Partners agree that they will not discriminate in their employment practices or services on the basis of gender, gender identity and/or expression, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal law. Partners must assure that they have policies and procedures in place to address these issues, and that such policies and procedures have been disseminated to their employees and otherwise posted as required by law. Partners further assure that they are currently in compliance with all applicable state and federal laws and regulations regarding these issues. All Partners will cooperate with compliance monitoring that is conducted at the Local level to ensure that all AJCC programs, services, technology, and materials are physically and programmatically accessible and available to all. Additionally, staff members will be trained to provide services to all, regardless of range of abilities, mobility, age, language, learning style, or comprehension or education level. An interpreter will be provided in real time or, if not available, within a reasonable 12 25C-106 timeframe to any customer with a language barrier. Assistive devices, such as screen -reading software programs (e.g., JAWS and DRAGON) and assistive listening devices must be available to ensure physical and programmatic accessibility within the AJCC network. NON-DISCRIMINATION AND EQUAL OPPORTUNITY All Parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of: (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or mental disability of a qualified Individual with a disability. The Parties specifically agree that they will comply with Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule December 2, 2016), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), the Non-traditional Employment for Women Act of 1991, titles VI and VII of the Civil Rights of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1967, as amended, title IX of the Education Amendments of 1972, as amended, and with all applicable requirements Imposed by or pursuant to regulations implementing those laws, including but not limited to 29 CFR Part 37 and 38. INDEMNIFICATION All Parties to this MOU recognize the Partnership consists of various levels of government, not- for-profit, and for-profit entitles. Each party to this agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, its agents, or its officers. No Partner assumes any responsibility for any other party, State or non - State, for the consequences of any act or omission of any third party. The Parties acknowledge the Local BOARD and the one-stop operator have no responsibility and/or liability for any actions of the one-stop center employees, agents, and/or assignees. Likewise, the Parties have no responsibility and/or liability for any actions of the Local Board or the one-stop operator. SEVERABILITY If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. DRUG AND ALCOHOL -FREE WORKPLACE All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. 13 25C-107 CERTIFICATION REGARDING LOBBYING All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S,C. Section1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations. DEBARMENT AND SUSPENSION All Parties shall comply with the debarment and suspension requirements (E.0.12549 and12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485. PRIORITY OF SERVICE All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. BUY AMERICAN PROVISION Each Party that receives funds made available under title I or II of WIOA or under the Wagner- Peyser Act (29 U.S.C. Section 49, at, seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the 'Buy American Act.") and as referenced in WIOA Section 502 and 20 CFR 683.200(f). SALARY COMPENSATION AND BONUS LIMITATIONS Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109- 234, TEGL 17-15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2017; Final PY 2017 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments for PY 2017, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II. 14 25C-108 NON -ASSIGNMENT Except as otherwise indicated herein, no Party may, during the term of this MOU or any renewals or extensions of this MOU, assign or subcontract all or any part of the MOU without prior written consent of all other Parties. TERMINATION This MOU will remain in effect until the end date specified in the Effective Period section below, unless: All Parties mutually agree to terminate this MOU prior to the end date. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other Parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU; 0 WIOA is repealed or superseded by subsequent federal law; Local area designation is changed under WIOA; A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the Local BOARD Chair (or designee) specifying such breach in reasonable detail. In such event, the non -breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go Into effect immediately. In the event of termination, the Parties to the MOU must convene within thirty (30) days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed. All Parties agree that this MOU shall be reviewed and renewed not less than once every 3 -year period to ensure appropriate funding and delivery of services. EFFECTIVE PERIOD This MOU will commence on September 1, 2017 and must terminate on August 31, 2020, unless any of the reasons in the Termination section above apply. ONE-STOP OPERATING BUDGET The purpose of this section is to establish a financial plan, including terms and conditions, to fund the services and operating costs of the local AJCC networks. The Parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: 15 25C-109 • Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers and businesses in the Local area; • Reduces duplication and maximizes program impact through the sharing of services, resources, and technologies among Partners (thereby improving each program's effectiveness); • Reduces overhead costs for any one partner by streamlining and sharing financial, procurement, and facility costs; and • Ensures that costs are appropriately shared by ADCC Partners by determining contributions based on the proportionate use of the one-stop centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable authorizing statutes and all other applicable legal requirements, including the Uniform Guidance. The Partners consider this one-stop operating budget the master budget that is necessary to maintain the Local Board's high -standard AJCC network. It includes the following cost categories, as required by W1OA and its implementing regulations: • Infrastructure costs (also separately outlined in the Infrastructure Funding Agreement (IFA)); • Career services; and • Shared services. All costs must be included in the MOU, allocated according to Partners proportionate use and relative benefits received, and reconciled on a quarterly basis against actual costs incurred and adjusted accordingly. The one-stop operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must negotiate in good faith and seek to establish outcomes that are reasonable and fair. COST ALLOCATION METHODOLOGY Cost allocation is the process of assigning to two or more programs the costs of an item shared by the programs. The goal is to ensure that each program bears its fair share, and only its fair share, of the total cost of the item. A cost allocation plan is a written account of the methods used to allocate costs to the programs occupying the AJCCs. The requirement to allocate the costs of shared resources can be met by using logical and rational methods to ensure that each program is paying only its fair share of the cost of an item used in common, and that no program is subsidizing another. Generally, the methods used to allocate a shared cost should be the simplest, most straightforward way of allocating this type of cost fairly. Complex, highly detailed methods should be avoided when a simple one will achieve the objective. Methods, rules or formulas that use percentages or fractions of cost items are acceptable. Accordingly, shared costs will be based upon the square footage occupied in each ADCC. The Local Boards and Partners have chosen to submit a separate budget for each comprehensive AJCC for developing the infrastructure cost budget, 16 25C-110 Comprehensive AJCC #1* Orange County One -Stop Center (South) 17891 Cartwright Road Irvine, CA 92614 One -Stop Partners Co -located at This ADCC: ProPath, Inc. EDD Commprehensive AJCC #2* Orange County One -Stop Center (North) 7707 Orangewood Avenue, Suite 200 Garden Grove, CA 92841 One -Stop Partners Co -located at This AJCC: ProPath, Inc. EDD OCAPICA DOR US Vets Comprehensive AJCC #3 Santa Ana W/O/R/K CENTER 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 One -Stop Partners Co -located at This AJCC: EDD DOR SER — Jobs for Progress, Inc. Cornerstone Solutions *The Orange County Sheriff -Coroner Department is not co -located within any of the Comprehensive AJCC within the Orange County Region. Therefore, infrastructure budgets are not included in this MOU. INFRASTRUCTURE FUNDING AGREEMENT The Infrastructure Funding Agreement (IFA) contains the infrastructure costs budget that is an integral component of the overall one-stop operating budget. The other component of the one- stop operating budget consists of applicable career services, shared operating costs, and shared services, which are considered additional costs. While each of these components covers different cost categories, an operating budget would be incomplete if any of these cost categories were 17 25C-111 omitted, as all components are necessary to maintain a fully functioning and successful local one- stop delivery system. Therefore, the Local Boards, one-stop partners, and CEOs negotiate the IFA, along with additional costs when developing the operating budget for the local one-stop system. The overall one-stop operating budget must be included in the MOU. WAS are a mandatory component of the local MOU, described in WIOA sec. 121(c) and 20 CFR 678.500 and 678.755. Similar to MOUs, the Local Board may negotiate an umbrella IFA or individual IFAs for one or more of its one-stop centers. AJCC infrastructure costs are defined as non -personnel costs that are necessary for the general operation of the American Job Center, including, but not limited to: • Rental of the facilities; Utilities and maintenance; • Equipment, including assessment -related products and assistive technology for individuals with disabilities; and • Technology to facilitate access to the American Job Center, including technology used for the center's planning and outreach activities. It is essential that the IFA include the signatures of Individuals with authority to bind the signatories to the IFA, including all one-stop partners, CEO, and Local Board participating in the IFA. Changes in the one-stop Partners or an appeal by a one-stop partner's infrastructure cost contributions will require a renewal of the MOU. [TELL 17-16, RSA TAC 17-03, and OCTAE Program Memo 17-3, Infrastructure Funding of the One -Stop Delivery System (pp. 17-18 and Attachment II)] 13i1'iWUMelffiG I Cash Cash funds provided to the Local Board or its designee by one-stop Partners, either directly or by an interagency transfer, or by a third party. Non -Cash Expenditures incurred by one-stop Partners on behalf of the one-stop center; and Non-cash contributions or goods or services contributed by a Partner program and used by the one-stop center. Third -party In-kind Contributions of space, equipment, technology, non -personnel services, or other like items to support the infrastructure costs associated with one-stop operations, by a non -one-stop Partner to: W. 25C-112 Support the one-stop center in general; or Support the proportionate share of one-stop infrastructure costs of a specific partner. [20 CFR 678.720; 20 CFR 678.760; 34 CFR 361.720; 34 CFR 361.760; 34 CFR 463.720; and 34 CFR 463.7601 Sharing Other One -Stop Delivery System Costs A budget outlining other system costs relating to the operation of the local One -Stop delivery system and a description of what specific costs are included in each line item. The budget must include "applicable career services" as well as any other shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One -Stop partners must share in other system costs, including applicable career services. All partners that signed the Phase I MOU must also sign the Phase II MOU for the sharing of other system costs. The One -Stop System Partners Included in the Sharing of Other One -Stop Delivery §Ystem Costs ® Second Chance 25C-113 I BASIC CAREER SERVICES Title I— Eligibility: Determinations of whether the individual is qualified to receive assistance from the adult, dislocated worker, or youth programs. [TEGL 3-151 Outreach, Intake, Orientation: Activities which involve the collection, publication, and dissemination of information on program services available and directed toward individuals eligible to receive services. Providing broad information to customers in order to acquaint them with the services, programs, staff and other resources in the one-stop delivery system. (wioA 134(c)(2)) Initial Assessment: Evaluation of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and supportive service needs. twioA 134(c)(2)1 Labor Exchange/Job Search: Placement assistance, and, when needed by an individual, career counseling; provision of information on in -demand industry sectors and occupations; provision of information on nontraditional employment. [TEGL 3-151 Referrals to Partners: Provision of recommendations to and coordination of activities with other programs and services, including those within the one-stop delivery system and, when appropriate, other workforce development Programs. [TEGL3-161 Labor Market Information: Provision of workforce and employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including: job vacancy listings in labor market areas; information on job skills necessary to obtain the vacant jobs listed; and information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for those jobs. [TEGL 3-151 Performance/Cost Information: Provision of performance information and program cost information on eligible providers of training services by program and type of providers. [TEGL 3-151 Support Service Information: Provision of information relating to the availability of assistance, and appropriate referrals, including: child care; child support; medical or child health assistance; benefits under the Supplemental Nutrition Assistance Program (SNAP); assistance through the earned income tax credit; housing counseling and assistance; and assistance under a State program for Temporary Assistance for Needy Families (TANF), and other supportive services and transportation. rrEGL.3-15) UI Information/Assistance: Provision of material and aid regarding filing claims under Unemployment Insurance programs, Including meaningful support to individuals seeking assistance in filing a claim. [TEGL 3-151 Financial Aid Information: Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not provided under WIOA. [TEGL 3.151 20 25C-114 INDIVIDUALIZED CAREER SERVICES Comprehensive Assessment: Specialized evaluations of the skill levels and service needs of adults and dislocated workers, which may include: diagnostic testing and use of other assessment tools; and in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. [TELL 3.151 Individual Employment Plan: Development of a strategy to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve his or her employment goals, including the list of, and information about, eligible training providers. ITEGL 3-151 Career Planning/Counseling: A client -centered approach in the delivery of services designed to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary activities and supportive services, including computer-based technologies to provide job counseling during program participation and afterjob placement, [wioA 134(c)(2)(A)I Short -Term Pre -vocational Services: Development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conductto prepare individuals forunsubsidized employment or training, in some instances pre -apprenticeship programs. [TEGL 3-15] Internships/Work Experience: Planned, structured learning experiences that take place in a workplace for a designated timeframe to provide individuals with opportunities for career exploration and skill development and to enhance their work readiness skills in preparation for employment, May be paid or unpaid. [wioA 134(c)(2)(A!)] Out -of -Area Job Search: Helps an Individual seeks, locate, apply for, and obtain a job out of their local labor market area. twioA 134(c)(2)(4l)) Financial Literacy: Education or activities that include, but are not limited to: assisting individuals to make informed financial decisions; supporting individuals learning how to manage spending, credit, and debt, including loans, consumer credit and credit cards; and, teaching the significance of credit reports and credit scores and rights regarding credit and financial Information. (wloA 129(b)(2)(D)] Integrated Education and Training (IET): A service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. [wioA 203(l 1)) English Language Acquisition (ELA): A program of instruction designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and that leads to attainment of the secondary school diploma or its recognized equivalent; and transition to postsecondary education and training; or employment. (Pub. L.113-128, Jury 2014, Title u, sec. 203(6)] Workforce Preparation: Activities that help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education, or training, or employment. IWIOA I 27. 25C-115 Required Consolidated System Budget for "Applicable Career Services Summary of Career Services Applicable to Each One -Stop Delivery System Partner (Phase I MOU) The agreed upon budget for other system costs must align with the Phase I MOU agreement that outlined shared customers and services. If it does not, then the Phase I MOU must be amended to justify the budgeted system costs and align with Phase IL Therefore, Local Boards and AJCC partners should start by reviewing their signed Phase I MOUs in order to determine what each partner previously agreed to. The other system costs budget must be a consolidated budget that includes a line item for applicable career services. The signed Phase I MOU required identification of the career services that were applicable to each partner program. Accordingly, this budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Applicable Career Services Authorized to Be Provided Under Each Partner's Program 1 Basic Career Services Second Chance T -I Program Eligibility X Outreach, Intake, Orientation X Initial Assessment X Labor Exchange/Job Search X Referrals to Partners X Labor Market Information X Performance/Cost Info Support Service Information X UI Information Assistance X Financial Aid Information Individualized Career Services Second Chance Comprehensive Assessment X Individual Employment Plan X Career Planning/Counseling X Short -Term Prevocational Internships/Work Experience Out -of -Area Job Search X Financial Literacy Integrated E&T & Eng. Language Workforce Preparation X 22 25C-116 Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system costs budget must be a consolidated budget for applicable career services. This budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. Applicable Career Services Second Chance ORANGE COUNTY REGION' Basic $954 Individualized $18,136 Total $19,090 Proportionate Share: Applicable Career Services Partner Panner Share Share in Cash Share in In -Kind Second Chance Orange County Region $19,090 $19,090 Total Budget $19,090 $19,090 Consolidated Budget for Second Chance Total of Career Services Delivered Through the One -Stop System: $19,090 ►1WffMe7.liriTW1 Attachment 1: Executed Phase I Memorandum of Understanding between OCDB, Santa Ana Workforce Development Board and Orange County Sheriff -Coroner Department 23 25C-117 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Orange County Sheriff -Coroner Department Board am Name: Grea Boston (Print) Title: Director Dated: COUNTY OF ORANGE A Political Subdivision of the State of California 2 Michelle Steel, Chair Orange County Board of Supervisors *Orange County Development M Name: Bob Bunvan (Print) Title: Chair SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD M Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM DEPUTY COUNTY COUNSEL Dated: V.-1. By: Dated: DEPUTY COUNTY COUNSEL 24 25C-118 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written, There are no oral understandings of the Parties or terms and conditions other than as are stated herein. Recommended For Approval By: Name: Robert C.Cortez Title: Dated: (Print) Acting Executive Director Orange County Sheriff -Coroner Department By: Name: Greg Boston Title: (Print) Director Dated: City of Santa Ana By: Name: Cynthia J. Kurtz (Print) Title: Interim City Manager Dated: UGO Santa Ana Workforce Development Board 21 Name: Lee McMurtray (Print) Title: Chair By: Dated: Rya t 3, dge Sana na psistant City Attorney 25 25C-119 Sianature Page i.: Partners Sharina Infrastructure Costs When Benefit Data Are Available Phase // MOU Requirement: "The state is in the process of implementing the requisite statewide data tracking system, and once such data are available, all non -co -located partners who are receiving benefit from the AJCCs will -also be required to contribute their proportionate share towards infrastructure costs. Consequently, the Phase lI MOU must include an assurance from all non -co -located partners that they agree to pay their proportionate share of infrastructure costs as soon as sufficient data are available. By signing below, all parties agree that when data are available to determine the ADCC benefit to non- co -located partners, the infrastructure cost sharing agreement will be renegotiated to include their proportionate share of contributions. (Alan -Co -located Partner Entity) Gree Boston, Director Print Signer's Name and Title Crenae County Sheriff -Coroner Department Partner Agency Name Signature and Date 25C-120 Signature Page ii.: AJCC System Partners Sharing Other One -Stop Delivery System Costs All partners who signed the Phase I MOU must sign the Phase 11 MOU. By signing below, all parties agree to the terms prescribed in the sharing of other One - Stop delivery system costs. (AJCC Partner Entity) Greg Boston, Director Print Signer's Name and Title Orange County Sheriff -Coroner Department Partner Agency Name Signature and Date 25C-121 27 25C-122 MEMORANDUM OF UNDERSTANDING (PHASE II) BETWEEN ORANGE COUNTY DEVELOPMENT BOARD SANTA ANA WORKFORCE DEVELOPMENT BOARD AND ORANGE COUNTY SOCIAL SERVICES AGENCY LEGAL AUTHORITY The Workforce Innovation and Opportunity Act (WIOA) sec. 121(c)(1) requires that each Local Workforce Development Board with the agreement of the Chief Local Elected Official, develop and enter into a Memorandum of Understanding (MOU) with each One -Stop Partner, consistent with W IOA Sec. 121(c)(2), concerning the operation of the one-stop delivery system in the Orange County Region. This requirement is further described in the Workforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One - Stop System Joint Provisions: Final Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance. Additionally, the sharing and allocation of infrastructure costs among one-stop partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. INTRODUCTION The Orange County Development Board and the Santa Ana Workforce Development Board's goal is to create integrated locations and a unified structure and process of proactive, transparent, and effective job seeker and business services, orchestrated by a seamless collaboration of talent development and support agencies. The purpose of this MOU is to define the parameters within which education, workforce, economic development, and other Partner programs and entities operating within the jurisdiction of the Orange County Region create a seamless, customer -focused America's Job Center of California (AJCC) network that aligns service delivery across the board and enhances access to program services. By realizing one-stop opportunities together, partners are able to build community - benefiting bridges, rather than silos of programmatic isolation. These partnerships will increase customer access and performance outcomes. While Phase I established the framework for service provision, Phase II defines how to best support the established service delivery model through the sharing of resources and costs. 11l".116Ii' Empower Orange County employers, individuals, and communities to prosper and grow the region's economy through a workforce development system that is inherently customer -centered, seamless, and effective. Exhibit 4 25C-123 MISSION To establish a workforce system that provides data -driven and employer -validated talent solutions through the integration of education, workforce, and economic development resources across systems. SYSTEM STRUCTURE AMERICA'S JOB CENTERS OF CALIFORNIA The Orange County Development Board (OCDB) has two comprehensive and two affiliate AJCCs, also known as one-stop centers, which are designed to provide a full range of assistance to job seekers and businesses under one roof. Established under the Workforce Investment Act of 1998 and continued by the WIOA, the centers offer a comprehensive array of services designed to match talent with opportunities. The Santa Ana Workforce Board has one comprehensive AJCC in the City of Santa Ana. There is one additional comprehensive AJCC In the City of Anaheim, which is administered by an independent Workforce Development Board. The State of California has designed Orange County as a Regional Planning Unit. ADMINISTERED BY THE ORANGE COUNTY DEVELOPMENT BOARD American Job Center (Comprehensive) 17891 Cartwright Road Irvine, CA 92614 (949) 341-8000 www.oconestop.com Monday— Friday 8:00 am till 5:00 pm (Monday until 7:00 pm) 2. American Jab Center (Comprehensive) 7077 Orangewood Avenue, Suite 200 Garden Grove, CA 92841 (714)241-9000 www.oconestop.com Monday — Friday 8:00 am till 5:00 pm (Wednesday until 7:00 pm) 3. American Job Center (Affiliate) 6281 Beach Blvd., Suite 307 Buena Park, CA 90621 (714)562-9200 www.oconestop.com Monday — Friday 8:00 am till 5:00 pm 4. American Job Center (Affiliate) Veterans Service Center Joint Forces Training Base Building 244 11200 Lexington Drive Los Alamitos, CA 90720 www.oconestop.com Monday — Friday 8:00 am till 5:00 pm 25C-124 ADMINISTERED BY THE CITY OF SANTA ANA 5. American Job Center (Comprehensive) Santa Ana W/O/RIK CENTER 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565-2600 www.santa-ana,org/workcenter Monday — Friday 7:30 am until 5:00 pm ADMINISTERED BY THE CITY OF ANAHEIM 6. American Job Center (Comprehensive) Anaheim Jobs 290 South Anaheim Blvd., Suite 100 Anaheim, CA 92805 (714)765-4350 www.anaheimjobs.com Monday — Friday 8:00 am until 5:00 pm ONE-STOP OPERATOR The OCDB selected the one-stop operator through a competitive process in accordance with the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform Guidance), including the Office of Management and Budget's (OMB) approved exceptions for the U.S. Department of Labor at 2 CFR part 2900. WIOA and its implementing regulations, and Local procurement laws and regulations. All documentation for the competitive one-stop operator procurement is available for public inspection. The State requires that the one-stop operator is re -competed at least every three years and no later than every four years. Functional details are outlined in the Roles and Responsibilities of Partners section, under One -Stop Operator. PARTICIPATING ELECTED OFFICIALS, WORKFORCE BOARDS AND AJCC PARTNERS Chief Elected Official/s: Chair, Orange County Board of Supervisors: Michelle Steel Mayor, City of Santa Ana: Miguel A. Pulido Local Workforce Development Board/s: Orange County Development Board Santa Ana Workforce Development Board AJCC Partner Orange County Social Services Agency 25C-125 Additional One -Stop Partners Other entities that carry out a workforce development program, including Federal, State, or Local programs and programs in the private sector, may serve as additional Partners in the American Job Center network if the Local Board and chief elected official(s) approve the entity's participation. Additional Partners may include employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self -Sufficiency Program established under sec. 1148 of the Social Security Act (42 U.S.C. 1320b-19), employment and training programs carried out by the Small Business Administration, Supplemental Nutrition Assistance Program (SNAP) employment and training programs, authorized under secs. 6(d)(4) and 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4) and 2015(0)), Client Assistance Program authorized under sec. 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732), programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or In the private sector, programs providing transportation assistance, and programs providing services to individuals with substance abuse or mental health issues. [20 CFR 678.410; 34 CFR 361.410; 34 CFR 463.410; and TELL 17-16, RSA TAC 17-03, and OCTAE Program Memo 17-3, Infrastructure Funding of the One -Stop Delivery System (p. 7)] Infrastructure PARTNER SERVICES At a minimum, Partners will make the below services available, as applicable to the program, consistent with and coordinated via the AJCC network system. Additional services may be provided on a case by case basis and with the approval of the Local Board. JOB SEEKER SERVICES Basic Career Services: Basic Career Services cont. Outreach, intake and orientation to the Information, Initial assessments of skill level(s), aptitudes, abilities services; programs, tools and resources available and supportive service needs through the Local workforce system. In and out of area job search and placement Access to employment opportunity and labor market assistance (including provision of information on in- information demand industry sectors and occupations and non- traditional employment) Performance information and program costs for Information on performance of the Local workforce eligible providers of training, education, and system workforce services 25C-126 rd Information on the availability of supportive services Information and meaningful assistance on and referral to such, as appropriate Unemployment Insurance claim filing Determination of potential eligibility for workforce Partner services, programs, and referral(s) Individualized Career Services: Comprehensive and specialized assessments of skills levels and service needs Referral to training services Literacy activities related to work readiness Information and assistance In applying for financial aid for training and education programs not provided under W IOA Individualized Career Services cont. Development of an individual employability development plan to identify employment goals, appropriate achievement objectives, and appropriate combination of services for the customer to achieve the employment goals Group counseling Individual counseling and career planning Case management for customers seeking training Work experience, transitional jobs, registered services; Individual in and out of area job search, apprenticeships, and internships referral and placement assistance Training programs operated by the private sector Workforce preparation services (e.g., development Post -employment follow-up services and support (This of learning skills, punctuality, communication skills, is not an individualized career service, but listed here for Interviewing skills, personal maintenance, literacy completeness.) skills, financial literacy skills, and professional Other training services as determined by the workforce conduct) to prepare individuals for unsubsidized partner's governing rules employment or training Training: Training cont. Occupational skills training through Individual Adult education and literacy activities, including Training Accounts (ITAs) English language acquisition (ELA), provided in 5 25C-127 combination with the training services described above j On -the -Job Training (OJT) Incumbent Worker Training Programs that combine workplace training with Training programs operated by the private sector related instruction which may Include cooperative education Skill upgrading and retraining Entrepreneurial training Customized training conducted with a commitment Other training services as determined by the workforce by an employer or group of employers to employ an partner's governing rules individual upon successful completion of the training 5 25C-127 YOUNG ADULT SERVICES Tutoring, study skills training, instruction, and evidence -based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential. Paid and unpaid work experiences that have as a component academic and occupational education, which may include: Summer employment opportunities and other employment opportunities available throughout the Alternative secondary school services, or dropout recovery services, as appropriate. Occupational skill training, which shall Include priority j consideration for training programs that lead to recognized postsecondary credentials that are aligned with in -demand industry sectors or occupations in the j local area involved. school year, pre -apprenticeship programs, Adult mentoring for the period of participation and a internships and job shadowing, and on-the-job subsequent period, for a total of not less than 12 training opportunities. months. Education offered concurrently with and in the Leadership development opportunities, which may same context as workforce preparation activities include community service and peer -centered and training for a specific occupation or activities encouraging responsibility and other positive occupational cluster. social and civic behaviors, as appropriate. Supportive services. Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months. Follow-up services for not less than 12 months after Comprehensive guidance and counseling, which may the completion of participation, as appropriate. include drug and alcohol abuse counseling and referral, as appropriate. Financial literacy education. Entrepreneurial skills training. Services that provide labor market and employment Activities that help youth prepare for and transition to information about in -demand Industry sectors or postsecondary education and training. occupations available in the local area, such as career awareness, career counseling, and career exploration services. 6 25C-128 BUSINESS SERVICES Serve as a single point of contact for businesses, Conduct outreach regarding Local workforce system's responding to all requests in a timely manner services and products Provide access to labor market information Assist with the interpretation of labor market information Use of one-stop center facilities for recruiting and Post job vacancies in the state labor exchange system interviewing job applicants and take and fill job orders Provide information regarding workforce Provide information and services related to development initiatives and programs Unemployment insurance taxes and claims Conduct on-site Rapid Response activities Provide customized recruitment and job applicant regarding closures and downsizing screening, assessment and referral services Conduct job fairs Consult on human resources issues Provide Information regarding disability awareness Provide information regarding assistive technology issues and communication accommodations i Assist with disability and communication Develop On -the -Job Training (OJT) contracts, accommodations, including job coaches incumbent worker contracts, or pay -for -performance contract strategies Develop customized training opportunities to meet Provide incumbent worker upgrade training through specific employer and/or industry cluster needs various modalities Develop, convene, or implement industry or sector partnerships 7 25C-129 ROLES AND RESPONSIBILITIES OF PARTNERS The Parties to this agreement will work closely together to ensure that all AJCCs are high - performing work places with staff who will ensure quality of service. ALL PARTIES TO THIS AGREEMENT SHALL COMPLY WITH: • Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016), • Title VI of the Civil Rights Act of 1964 (Public Law 88-352), • Section 504 of the Rehabilitation Act of 1973, as amended, • The Americans with Disabilities Act of 1990 (Public Law 101-336), • The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor, • Training and Employment Guidance Letter (TELL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA sec. 188, • The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99), • Confidentiality requirements governing the protection and use of personal information held by the Vocational Rehabilitation Agency (34 CFR 361,38), • The confidentiality requirements governing the use of confidential information held by the State Unemployment Compensation Agency (20 CFR part 603), • All amendments to each, and • All requirements imposed by the regulations issued pursuant to these acts. The above provisions require, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. ADDITIONALLY, ALL PARTIES SHALL: • Collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in the Partner Services section above, • Agree that the provisions contained herein are made subject to all applicable federal and state laws, Implementing regulations, and guidelines imposed on either or all Parties 25C-130 relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers, and • Agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this agreement. PARTNERS Each Partner commits to cross -training of staff, as appropriate, and to providing other professional learning opportunities that promote continuous quality improvement. Partners will further promote system integration to the maximum extent feasible through: • Effective communication, information sharing, and collaboration with the one-stop operator; • Joint planning, policy development, and system design processes; • Commitment to the joint mission, vision, goals, strategies, and performance measures; • The design and use of common intake, assessment, referral, and case management processes, as appropriate; • The use of common and/or linked data management systems and data sharing methods, as appropriate; • Leveraging of resources, including other public agency and non-profit organization services; • Participation in a continuous Improvement process designed to boost outcomes and increase customer satisfaction; and • Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration. DATA SHARING Partners agree that the use of high-quality, integrated data is essential to inform decisions made by policymakers, employers, and job seekers. Additionally, it is vital to develop and maintain an integrated case management system, as appropriate, that informs customer service throughout customers' interaction with the integrated system and allows information collected from customers at intake to be captured once. Partners further agree that the collection, use, and disclosure of customers' personally identifiable information (PII) is subject to various requirements set forth in Federal and State privacy laws. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements. Per the final Workforce Services Draft Directive 16-23 from the Employment Development Department and the California Workforce Development Board, the Mandated Use of One 25C-131 Integrated Data System — Direct Data Entry into CalJobs, all partners of the AJCC agree to utilize this data system for inputting job seeker and employer information. All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following: • Customer PII will be properly secured in accordance with the Local BOARD's policies and procedures regarding the safeguarding of PII; • The collection, use, and disclosure of customer education records, and the PII contained therein, as defined under FERPA, shall comply with FERPA and applicable State privacy laws; • All confidential data contained in UI wage records must be protected in accordance with the requirements set forth in 20 CFR part 603; • All personal information contained in VR records must be protected in accordance with the requirements set forth in 34 CFR 361.38; • Customer data maybe shared with other programs, for those programs' purposes, within the AJCC network only after the informed written consent of the individual has been obtained, where required; • Customer data will be kept confidential, consistent with Federal and State privacy laws and regulations; and • All data exchange activity will be conducted in machine readable format, such as HTML or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). All one-stop center and Partner staff will be trained in the protection, use, and disclosure requirements governing Pil and any other confidential data for all applicable programs, including FERPA-protected education records, confidential information in UI records, and personal information in VR records. All Parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, including PII from educational records, such as but not limited to 20 CFR Part 603, 45 GFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as any applicable State and local laws and regulations. In addition, in carrying out their respective responsibilities, each Party shall respect and abide by the confidentiality policies and legal requirements of all of the other Parties. Each Party will ensure that the collection and use of any information, systems, or records that contain PII and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each Party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply 10 25C-132 with applicable law. Each Party expressly agrees to take measures to ensure that no PH or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the Parties for the Parties' performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment compensation information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the Pit contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal Information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38. The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners agree to: • Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners' programs represented in the AJCC network; • Develop materials summarizing their program requirements and making them available for Partners and customers; • Develop and utilize common intake, eligibility determination, assessment, and registration forms, as appropriate; • Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under partner programs; • Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; • Commit to robust and ongoing communication required for an effective referral process, and • Commit to actively follow up on the results of referrals and assuring that Partner resources are being leveraged at an optimal level. 11 25C-133 ACCESSIBILITY Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting the requirements and goals of the local AJCC network. Job seekers and businesses must be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal law. Physical Accessibility One-stop centers will maintain a culture of inclusiveness and the physical characteristics of the facility, both indoor and outdoor, will meet the latest standards of accessible design. Services will be available in a convenient, high traffic, and accessible location, taking into account reasonable distance from public transportation and adequate parking (including parking clearly marked for individuals with disabilities). Indoor space will be designed in an "equal and meaningful" manner providing access for individuals with disabilities. Virtual Accessibility The Local Board will work with the California Board to ensure that job seekers and businesses have access to the same information online as they do in a physical facility. Information must be clearly marked and compliant with Section 508 of the U.S. Department of Health and Human Services code. Partners will comply with the Plain Writing Act of 2010; the law that requires that federal agencies use "clear Government communication that the public can understand and use" and all information kept virtually will be updated regularly to ensure dissemination of correct information. Partners should either have their own web presence via a website and/or the use of social media, or work out a separate agreement with the Local Board to post content through its website. Communication Accessibility Communications access, for purposes of this MOU, means that individuals with sensory disabilities can communicate (and be communicated with) on an equal footing with those who do not have such disabilities. All Partners agree that they will provide accommodations for individuals who have communication challenges, including but not limited to individuals who are deaf and hard of hearing, individuals with vision impairments, and individuals with speech- language impairments. Programmatic Accessibility All Partners agree that they will not discriminate in their employment practices or services on the basis of gender, gender identity and/or expression, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal law. Partners must assure that they have policies and procedures in place to address these issues, and that such policies and procedures have been disseminated to their employees and otherwise posted as required by law. Partners further assure that they are currently in compliance with all applicable state and federal laws and regulations regarding these issues. All Partners will cooperate with compliance monitoring that is conducted at the Local level to ensure that all AJCC programs, services, technology, and materials are physically and programmatically accessible and available to all. Additionally, staff members will be trained to provide services to all, regardless of range of abilities, mobility, age, language, learning style, or comprehension or education level. An interpreter will be provided in real time or, if not available, within a reasonable 12 25C-134 timeframe to any customer with a language barrier. Assistive devices, such as screen -reading software programs (e.g., JAWS and DRAGON) and assistive listening devices must be available to ensure physical and programmatic accessibility within the AJCC network. NON-DISCRIMINATION AND EQUAL OPPORTUNITY All Parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of: (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (ill) the physical or mental disability of a qualified individual with a disability. The Parties specifically agree that they will comply with Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule December 2, 2016), the Americans with Disabilities Act (42 U.S.C. 12101 at seq.), the Non-traditional Employment for Women Act of 1991, titles VI and VII of the Civil Rights of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1967, as amended, title IX of the Education Amendments of 1972, as amended, and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including but not limited to 29 CFR Part 37 and 38. INDEMNIFICATION All Parties to this MOU recognize the Partnership consists of various levels of government, not- for-profit, and for-profit entities. Each party to this agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, Its agents, or its officers. No Partner assumes any responsibility for any other party, State or non - State, for the consequences of any act or omission of any third party. The Parties acknowledge the Local BOARD and the one-stop operator have no responsibility and/or liability for any actions of the one-stop center employees, agents, and/or assignees. Likewise, the Parties have no responsibility and/or liability for any actions of the Local Board or the one-stop operator. SEVERABILITY If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. DRUG AND ALCOHOL -FREE WORKPLACE All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. 13 25C-135 CERTIFICATION REGARDING LOBBYING All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Section1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations. DEBARMENT AND SUSPENSION All Parties shall comply with the debarment and suspension requirements (E.0.12549 and12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485, PRIORITY OF SERVICE All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIGA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIGA, such as individuals with disabilities, low-income Individuals, basic skills deficient youth, and English language learners. BUY AMERICAN PROVISION Each Party that receives funds made available under title I or II of WIGA or under the Wagner- Peyser Act (29 U.S.C. Section 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in W IOA Section 502 and 20 GFR 683.200(f). SALARY COMPENSATION AND BONUS LIMITATIONS Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109- 234, TEGL 17-15, Workforce Innovation and Opportunity Act (WIGA) Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2017; Final PY 2017 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments for PY 2017, Public Laws 114-113 (Division H; title I, Section 105) and 114-223, and WIGA section 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or Indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II. NON -ASSIGNMENT 25C-136 14 Except as otherwise indicated herein, no Party may, during the term of this MOU or any renewals or extensions of this MOU, assign or subcontract all or any part of the MOU without prior written consent of all other Parties. TERMINATION This MOU will remain in effect until the end date specified in the Effective Period section below, unless: All Parties mutually agree to terminate this MOU prior to the end date. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other Parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU; • WIOA is repealed or superseded by subsequent federal law; • Local area designation is changed under WIOA; • A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the Local BOARD Chair (or designee) specifying such breach in reasonable detail. In such event, the non -breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect Immediately. In the event of termination, the Parties to the MOU must convene within thirty (30) days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed. All Parties agree that this MOU shall be reviewed and renewed not less than once every 3 -year period to ensure appropriate funding and delivery of services. EFFECTIVE PERIOD This MOU is entered into on September 1, 2017. This MOU will become effective as of the date of signing by the final signatory below and must terminate on August 31, 2020, unless any of the reasons in the Termination section above apply. ONE-STOP OPERATING BUDGET The purpose of this section is to establish a financial plan, including terms and conditions, to fund the services and operating costs of the local ADCC networks. The Parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: 15 25C-137 • Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers and businesses in the Local area; • Reduces duplication and maximizes program impact through the sharing of services, resources, and technologies among Partners (thereby improving each program's effectiveness); • Reduces overhead costs for any one partner by streamlining and sharing financial, procurement, and facility costs; and • Ensures that costs are appropriately shared by AJCC Partners by determining contributions based on the proportionate use of the one-stop centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable authorizing statutes and all other applicable legal requirements, including the Uniform Guidance. The Partners consider this one-stop operating budget the master budget that is necessary to maintain the Local Board's high -standard AJCC network. It includes the following cost categories, as required by WIOA and its implementing regulations: • Infrastructure costs (also separately outlined in the Infrastructure Funding Agreement (IFA)); • Career services; and • Shared services. All costs must be included in the MOU, allocated according to Partners' proportionate use and relative benefits received, and reconciled on a quarterly basis against actual costs incurred and adjusted accordingly. The one-stop operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must negotiate In good faith and seek to establish outcomes that are reasonable and fair. COST ALLOCATION METHODOLOGY Cost allocation is the process of assigning to two or more programs the costs of an item shared by the programs. The goal is to ensure that each program bears its fair share, and only Its fair share, of the total cost of the item. A cost allocation plan is a written account of the methods used to allocate costs to the programs occupying the AJCCs. The requirement to allocate the costs of shared resources can be met by using logical and rational methods to ensure that each program is paying only its fair share of the cost of an item used in common, and that no program is subsidizing another, Generally, the methods used to allocate a shared cost should be the simplest, most straightforward way of allocating this type of cost fairly. Complex, highly detailed methods should be avoided when a simple one will achieve the objective. Methods, rules or formulas that use percentages or fractions of cost items are acceptable. Accordingly, shared costs will be based upon the square footage occupied In each AJCC. The Local Boards and Partners have chosen to submit a separate budget for each comprehensive AJCC for developing the infrastructure cost budget. 16 25C-138 Comprehensive AJCC #1* Orange County One -Stop Center (South) 17891 Cartwright Road Irvine, CA 92614 One -Stop Partners Co -located at This ADCC: ProPath, Inc. EDD Comprehensive AJCC #2* Orange County One -Stop Center (North) 7707 Orangewood Avenue, Suite 200 Garden Grove, CA 92841 One -Stop Partners Co -located at This AJCC; ProPath, Inc. EDD OCAPICA DOR US Vets Comprehensive AJCC #3* Santa Ana WIOIRIK CENTER 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 One -Stop Partners Co -located at This AJCC: EDD DOR SER — Jobs for Progress, Inc. Cornerstone Solutions *The Orange County Social Services Agency is not co -located within any of the Comprehensive AJCC within the Orange County Region. Therefore, infrastructure budgets are not included in this MOU. INFRASTRUCTURE FUNDING AGREEMENT The Infrastructure Funding Agreement (IFA) contains the infrastructure costs budget that is an integral component of the overall one-stop operating budget. The other component of the one- stop operating budget consists of applicable career services, shared operating costs, and shared services, which are considered additional costs. While each of these components covers different cost categories, an operating budget would be incomplete if any of these cost categories were 17 25C-139 omitted, as all components are necessary to maintain a fully functioning and successful local one- stop delivery system. Therefore, the Local Boards, one-stop partners, and CEOs negotiate the IFA, along with additional costs when developing the operating budget for the local one-stop system. The overall one-stop operating budget must be Included in the MOU. IFAS are a mandatory component of the local MOU, described in WIOA sec. 121(c) and 20 GFR 678.500 and 678.755. Similar to MOUs, the Local Board may negotiate an umbrella IFA or individual IFAs for one or more of its one-stop centers. AJCC infrastructure costs are defined as non -personnel costs that are necessary for the. general operation of the American Job Center, including, but not limited to: • Rental of the facilities; • Utilities and maintenance; • Equipment, including assessment -related products and assistive technology for individuals with disabilities; and • Technology to facilitate access to the American Job Center, including technology used for the center's planning and outreach activities. It is essential that the IFA include the signatures of individuals with authority to bind the signatories to the IFA, including all one-stop partners, CEO, and Local Board participating in the IFA. Changes In the one-stop Partners or an appeal by a one-stop partner's Infrastructure cost contributions will require a renewal of the MOU. [TELL 17-16, RSA TAC 17-03, and OCTAE Program Memo 17-3, Infrastructure Funding of the One -Stop Delivery System (pp. 17-18 and Attachment II)] FUNDING TYPES Cash Cash funds provided to the Local Board or its designee by one-stop Partners, either directly or by an interagency transfer, or by a third party. Non -Cash Expenditures incurred by one-stop Partners on behalf of the one-stop center; and Non-cash contributions or goods or services contributed by a Partner program and used by the one-stop center. Third -party In-kind Contributions of space, equipment, technology, non -personnel services, or other like items to support the infrastructure costs associated with one-stop operations, by a non -one-stop Partner to: 1.s 25C-140 Support the one-stop center in general; or Support the proportionate share of one-stop infrastructure costs of a specific partner. [20 CFR 678.720; 20 CFR 678.760; 34 CFR 361.720; 34 CFR 361.760; 34 CFR 463.720; and 34 CFR 463.760] Sharing Other One -Stop Delivery System Costs A budget outlining other system costs relating to the operation of the local One -Stop delivery system and a description of what specific costs are included in each line item. The budget must include "applicable career services" as well as any other shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One -Stop partners must share in other system costs, including applicable career services. All partners that signed the Phase I MOU must also sign the Phase II MOU for the sharing of other system costs. The One -Stop System Partners Included in the Sharing of Other One -Stop Delivery System Costs 0 TANF/CalWORKs 25C-141 19 BASIC CAREER SERVICES Title I —Eligibility: Determinations of whether the Individual is qualified to receive assistance from the adult, dislocated worker, or youth programs, [TEGL 3-15] Outreach, Intake, Orientation: Activities which involve the collection, publication, and dissemination of information on program services available and directed toward individuals eligible to receive services. Providing broad information to customers in order to acquaint them with the services, programs, staff and other resources in the one-stop delivery system. [W10A 134(c)(2)] Initial Assessment: Evaluation of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and supportive service needs. [WIOA 134(c)(2)1 Labor Exchange/Job Search: Placement assistance, and, when needed by an individual, career counseling; provision of information on in -demand industry sectors and occupations; provision of information on nontraditional employment. tTEGL 3-151 Referrals to Partners: Provision of recommendations to and coordination of activities with other programs and services, including those within the one-stop delivery system and, when appropriate, other workforce development programs. ITEGL 3-151 Labor Market Information: Provision of workforce and employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including: job vacancy listings in labor market areas; information on job skills necessary to obtain the vacant jobs listed; and information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for those jobs. [TEGL 3-15] Performance/Cost Information: Provision of performance information and program cost information on eligible providers of training services by program and type of providers. [TEGL 3-151 Support Service Information: Provision of information relating to the availability of assistance, and appropriate referrals, including: child care; child support; medical or child health assistance; benefits under the Supplemental Nutrition Assistance Program (SNAP); assistance through the earned income tax credit; housing counseling and assistance; and assistance under aState program for Temporary Assistance for Needy Families (TANF), and other supportive services and transportation. [TEGL 3.151 UI Information/Assistance: Provision of material and aid regarding filing claims under Unemployment Insurance programs, including meaningful support to individuals seeking assistance in filing a claim. [TEGL3-161 Financial Aid Information: Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not provided under WIOA. (TEGL 3.15) 20 25C-142 INDIVIDUALIZED CAREER SERVICES Comprehensive Assessment: Specialized evaluations of the skill levels and service needs of adults and dislocated workers, which may include: diagnostic testing and use of other assessment tools; and in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals, [TELL 3-151 Individual Employment Plan: Development of a strategy to identify the employment goals, appropriate achievement objectives, and appropriate combination of services forthe participant to achieve his or her employment goals, including the list of, and information about, eligible training providers, [TELL 3-151 Career Planning/Counseling: A client -centered approach in the delivery of services designed to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary activities and supportive services, including computer-based technologies to provide job counseling during program participation and after job placement. [WIOA 134(c)(2)(4)] Short -Term Pre -vocational Services: Development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training, in some instances pre -apprenticeship programs, [TEGL 3-15] Internships/Work Experience: Planned, structured learning experiences that take place in a workplace for a designated timeframe to provide individuals with opportunities for career exploration and skill development and to enhance their work readiness skills in preparation for employment, May be paid or unpaid, (WIOA 134(0)(2)(x6)] Out -of -Area Job Search: Helps an individual seeks, locate, apply for, and obtain a job out of their local labor market area, [WIOA 134(c)(2)(A)l Financial Literacy: Education or activities that include, but are not limited to: assisting individuals to make informed financial decisions; supporting individuals learning how to manage spending, credit, and debt, including loans, consumer credit and credit cards; and, teaching the significance of credit reports and credit scores and rights regarding credit and financial information. [WIOA 129(b)(2)(D)l Integrated Education and Training (1ET): A service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement, IWIOA 203(l 1)] English Language Acquisition (ELA): A program of instruction designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and that leads to attainment of the secondary school diploma or its recognized equivalent; and transition to postsecondary education and training; or employment, [Pub, L.113-129, July 2014, Title Il, sec, 203(6)] Workforce Preparation: Activities that help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education, or training, or employment, [WIOA 1 21 25C-143 Summary of Career Services Applicable to Each One -Stop Delivery System Partner (Phase I MOU) The agreed upon budget for other system costs must align with the Phase I MOU agreement that outlined shared customers and services. If it does not, then the Phase I MOU must be amended to justify the budgeted system costs and align with Phase II. Therefore, Local Boards and AJCC partners should start by reviewing their signed Phase I MOUs in order to determine what each partner previously agreed to. The other system costs budget must be a consolidated budget that includes a line item for applicable career services. The signed Phase I MOU required identification of the career services that were applicable to each partner program. Accordingly, this budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Applicable Career Services Authorized to Be Provided Under Each partner's Program' Basic Career Services TANF T -I Program Eligibility X Outreach, Intake, Orientation X Initial Assessment X Labor Exchange/Job Search X Referrals to Partners X Labor Market Information X Performance/Cost Info Support Service Information X UI Information Assistance X Financial Aid Information X Individualized Career Services TANF Comprehensive Assessment X Individual Employment Plan X Career Planning/Counseling X Short -Term Prevocational X Internships/Work Experience X Out -of -Area Job Search Financial Literacy Integrated E&T & Eng. Language Workforce Preparation X 22 25C-144 Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system costs budget must be a consolidated budget for applicable career services. This budget must include each of the partner's costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. Applicable Career Services TANF TANF Partner Share OCDB Santa Ana;WDB Basic $313,500 $720,000 Individualized $2,821,500- $80,000 Total $3,135,000 $800,000 Proportionate Share: Applicable Career Services Partner Partner Share Share in Cash Share in In -Kind TANF/CalWORKs OCDB $3,135,000 $3,135,000 OCSSA TANF/CalWORKs OCSSA Santa Ana WDB $800,000 $800,000 Total Budget $3,935,000 $3,9.35,000 Consolidated Budget for TANFICaiWORKs Total of Career Services Delivered Through the One -Stop System $3,935,000 ATTACHMENTS Attachment 1: Executed Phase I Memorandum of Understanding between OCDB, Santa Ana Workforce Development Board and Orange County Social Services Agency 23 25C-145 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Orange County Social Services Agency Name: Michael Ryan (Print) Title: Director Dated: COUNTY OF ORANGE A Political Subdivision of the State of California *Orange County Development Board 0 Name: Bob Bunyan (Print) Title: Chair By: Dated: Michelle Steel, Chair Orange County Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD By: Dated: Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM DEPUTY COUNTY COUNSEL By: Dated: DEPUTY COUNTY COUNSEL �1 25C-146 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. Recommended For Approval to Name: Robert C.Cortez (Print) Title: Acting Executive Director 1. -• Orange County Social Services Agency M Name: Michael Ryan (Print) Title: Director City of Santa Ana Name: Cynthia J. Kurtz (Print) Title: Interim City Manager Dated: City Attorney Santa Ana Workforce Development Board 0 Name: Lee McMurtrav (Print) Title: Chair 25C-147 25 Signature Page i.: Partners Sharing Infrastructure Costs When Benefit Data Are Available Phase 11 MOU Requirement: "The state is in the process of implementing the requisite statewide data tracking system, and once such data are available, all non -co -located partners who are receiving benefit from the AJCCs will also be required to contribute their proportionate share towards infrastructure costs. Consequently, the Phase 11 MOU must include an assurance from all non -co -located partners that they agree to pay their proportionate share of infrastructure costs as soon as sufficient data are available. By signing below, all parties agree that when data are available to determine the AJCC benefit to non- co -located partners, the infrastructure cost sharing agreement will be renegotiated to include their proportionate share of contributions. (Non -Co -located Partner Entity) Michael Ryan Director Print Signer's Name and Title Orange County Social Services Agency Partner Agency Name Signature and Date 25C-148 26 Signature Page ii.: A JCC System Partners Sharing Other One -Stop Delivery System Costs All partners who signed the Phase I MOU must sign the Phase /I MOU. By signing below, all parties agree to the terms prescribed in the sharing of other One - Stop delivery system costs. (AJCC Partner Entity) Michael Ryan Director Print Signer's Name and Title Orange County Social Services Agency Partner Agency Name Signature and Date 25C-149 27 25C-150 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AGREEMENT WITH MIDORI GARDENS AND MARIPOSA LANDSCAPE FOR LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES FOR DISTRICT 1 AND 4, RESPECTIVELY (STRATEGIC PLAN NO. 6, 1B) CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Midori Gardens to provide landscape maintenance services in District 1 in an annual amount not - to -exceed $274,706 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, 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 Mariposa Landscape to provide landscape maintenance services in District 4 in an annual amount not -to -exceed $720,432 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, 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 June 1, 2017, after multiple Failure -To -Perform notices, the City provided a termination letter to Merchant's Landscape Services for an inability to meet the scope of the agreement. The City issued a Request for Proposal to find a replacement company. An evaluation committee consisting of two representatives from PRCSA-Park 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 for district 1 and district 4 were as follows: 25D-1 Agreement with Midori Gardens and Mariposa Landscape For Landscape Maintenance of Districts 1 and 4, Respectively August 15, 2017 Page 2 District 1 Score Midori Gardens 173 Mariposa Landscape 153 The City proposes to enter into an agreement with Midori Gardens for the remainder of the original agreement with Merchants Landscape from September 1, 2017 to January 31, 2018 (five months) and include three, one-year renewal options, for the maintenance of District 1. District 4 Score Midori Gardens 142 Mariposa Landscape 193 The City proposes to enter into an agreement with Mariposa Landscape for the remainder of the original agreement with Merchants Landscape from September 1, 2017 to January 31, 2018 (five months) and include three, one-year renewal options, for the maintenance of District 4. 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: District 1 Accounting Unit FY 17/18 FYI 8/19 FY19/20 FY 20/21 PRCSA-Park Maint. (no. 01113250-62320) $228,922 $274,706 $274,706 $160,246 District4 Accounting Unit FY 17/18 FY18/19 FY19/20 FY 20/21 PRCSA-Park Maint. (no. 01113250-62320) $582,177 $698,613 $698,613 $407,524 Finance -City Yard. (no. 08510138-62300) $ 17,228 $ 20,673 $ 20,673 $ 12,060 Police Department (no 16614450-62300) $ 956 $ 1,146 $ 1,146 $ 669 Total $600,361 $720,432 $720,432 $420,253 25D-2 Agreement with Midori Gardens and Mariposa Landscape For Landscape Maintenance of Districts 1 and 4, Respectively August 15, 2017 Page 3 /� Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrezu-v4%too7 p, (ss) Executive Director Finance and Management Services Agency EXHIBIT: 1. Agreement -Midori Gardens 2. Agreement -Mariposa Landscape 25D-3 25D-4 THIS AGREEMENT is made amid entered into this 15th day of August, 2017 by and between Midori Gardens, Inc., a California Corporation (hereinafter "Contractof ), and the City of Santa Ana, a, charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-047, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. B. This RFP process was initiated after the prior contractor's services were terminated due to non-performance. A new contractor would be selected to handle services for the remainder of the term, C. Contractor submitted a responsive proposal that was selected by the City: Contractor represents that it is able and willing to provide such services regarding District I to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. 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 pertorrned in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises„ and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for District I, as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein, 2, COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $938,580. Page I of 11_ "W6 b. For the initial term of the Agreement, as defried in Section 3, the total amount to be expended shall not exceed $114,461. This amount is based upon the yearly amount detailed for each extension period divided by the 5 months comprised for the shortened term detailed in Section 3 below. The amount for the initial fermis $104,055 and a 10% contingency ofup to $10,406 for services -as may be perf ormed by Contractor at the sole discretion of City. C. For each extension period exercised per Section 3 of this Agreements the total yearly amount to be expended shall not exceed $274,706. This amount for each term is comprised of the sum of the costs for District 1 at $249,733 and a 10% contingency of up to $24;973 for services as maybeperformed by Contractor at the sole discretion of City. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment freed 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 September 1, 2017 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to three (3) One year extensions upon a writing executed by the City Manager and the City Attorney. 4, INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement, however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, S. OWNERSHIP OF MATERIALS' This Agreement creates a noxi -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 tinder this Agreement C Documents & Data"). Page 2 of 11 AF!( 41 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 anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Prior to undertaking performance of work under this Agreement; Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance mining 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 dainage, 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 insuired(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such. insurance shall include coverage for owned, hired and cion -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: Page 3 of i t Ty (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 shalt be. approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. E If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shalt indemnify and hold harmless the City, its officers, agents, employees„ Contractors, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of clairns for personal injury, including death, and claims For property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due byreason 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 clue to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding: Notwithstanding the foregoing; to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be Painted, to the extent required by Civil Code Section 27818, to claims that arise out of; pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Page 4 of 11 flk111ibI 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection. with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred raider this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree(3) years, or for any longer period required by taw, from the date of final payment to Contractor under this Agreement All such records and invoices shalt 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, CONFIDENTIALI`1Y 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 infornation 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 nonuse 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 riglitfill possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Contractor covenants that it presentlyhas no interests and shall not have interests, direct, or indirect, which would conflict in any manner with performance of ser vices specified under this Agreement. Page S of 11 MTg 12. NOT10E Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall he in writing and shall be doomed to be property 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.Q. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: and Gerardo Mount Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.0, Box 1988 Santa Arta, California 9.2702 Fax 714- 647-4211 City Attorney City of Santa Arra 20 Civic Center Plaza (M-29) P.O. Box 1983 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Midori Gardens 3231 S. Main Street Santa Ana, CA 92707 Attn: NagaHamatnoto, 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 shalt 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. Page 6 of 11 MUM 13. EXCLUSIVITY AND AMENDMENT ThisAgreementrepresents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements; oral or written, between the parties. In the event of a conflict between the terms of this Agreement and 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 purchase order or other instrument that are inconsistent with, or in addition to, the terms acid 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. 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 Contractors retained by City. 15. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. To such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shalt be the property of the City unless prohibited bylaw, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement, Contractor affirms- that it is an equal opportunity employer and shalt comply with all applicable federal,state and local laws and regulations, Page 7 of 11 z6v1 1 1 17. JURISDICTION - VENITE 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. Roth 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 forthe provision of the services hereunder and required. by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 19. 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, hold 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,. -Remainder of page intentionally left blank; signature page to follow— Page 8 of l l 204 IN WITNESS WHEREOF, the parties hereto Have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney By:e A i Lisa Store Assistant City Attorney RECOMMENDED FOR APPROVAL; Gerardo Monet Executive Director,. Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager MIDORI GARDENS Naga. Harnamoto President Page 9 of I 1 I] IMN EXHIBIT A SCOPE OF SERVICES Page 10of11 25u�B14 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE (DISTRICT 1) RFP NO.: 17-067 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 Citv of Santa AaaRF.P 17-067 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 shall be performed at the same time mowing occurs The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging/detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than 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 systems monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7) 7-067 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 S��F,P 17-067 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub/Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pnmed 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 lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including 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 S t� Qj�FP 17-067 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 stales 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 All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous Tree Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 6.0 Playground/Tot-Lot Areas 6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris, sand/wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re - grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 General Maintenance and Clean -Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick-up trash/debris and to empty/clean trash receptacles daily. Daily Maintenance )f Sn�ti,� I, 1P 17-067 M 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 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, warm-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 spring/surnmer 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 sub -contractor 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 A 17-067 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. City of S t FP 17-067 2 - 4 Consultant Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions - 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 17-067 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, sills screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 UNDERGROUND ALERT SYSTEMS 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. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual/monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of parldfacility, 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 17-067 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 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 or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. City of S� az;% .r • 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 (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews ':, b -1 ah: th c n onu ;d t:F t, :n bo .,d-_ on a daily basis by .. vv v.. n6 ".. ... ... �... ..... ........... ... "...... .. 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 2 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 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 hire another qualified contractor to perforni 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 S 2 ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement is expected to commence on September 1, 2017 through January 31, 2018 with the option for the City to grant up to three one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 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 I Alyssum, Lobelia, Salvia, Marigold, Gloriosa Daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 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 REQUIREMENTS (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. 5. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to ajob 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 insp&tion of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 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: 3.1 Proper disposal of all tree debris generated. City of SigetFP 17-067 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 full-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 ArboristO 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 Worker Aerial Lift Specialist© requires candidates to demonstrate their ability to perform City of gt� Qj 17-067 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. 5.4 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 SAPRF 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 of .. - �. 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. 6.3 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 wind 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. 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 SPECIFICATIONS 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 . .. • 06 71.,. Vii; 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 Z133.1-1994. 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 priming of the following, but not limited to, palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactyli£era (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. Cityo2 il�QP 17-067 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. 11.2 Flush cutting where a cut 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 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 cut 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. 14.3 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 Z133.1-1994 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 specific 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. 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 pruning 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. City of SF,P 17-067 ATTACHMENT 6: MAPS 17-067 r� N PF l 25D-48 �J § (/ / I / m ». 4 25D-48 �J § (/ / I / m ti Ln r W: Imi Or L}3 4 R PM ATTACHMENT 7: QUALITY STANDARDS •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve s f� � t Te 44 r @ � T8 d. e s} gz � W Pl �v g p 4 41 •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve s f� Ile gz � W Pl �v g p xk •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve m ? � . cup a >. \ \ ... . . 412: / E 7 \ EXHIBIT B FLEE SCHEDULE (OR) RATES ANIS CHARGES Page I 1 of 11 r �i $ g o 0 R h h N N N N W r W= I N N N N fml1 n - MiM1 VF i/r N P` SY Q1 O� tli NM N N VI. i/1 Vk L V T c� K O p z � g g o $ 3, 9f ».rt iti �y ,p N C $ $ $ $ $ 8 � V g ry a »+nun F YN a p Se .0.R, � E $ g o 0 R h h N N N N W r W= N N N N fml1 n - MiM1 VF i/r N P` SY Q1 O� tli NM N N VI. i/1 Vk $ g o 0 R h h N N N N W r W= 25D-86 THIS AGREEMENT is made and entered into this 15th day of August, 2017.by and between Mariposa Landscapes, Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter `PCity")- RECITALS A. On June 1, 2417, the City issued Request for Proposal ("RFP") No. 17-067, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. E. This RPP process was initiated after the prior contractor's services were terminated due to non-performance: A new contractor would be selected to handle services for the remainder of the term. C. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services regarding District 4 to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. 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 firm in the field. NOW THERE, FORE, in consideration of the mutual and respective promises, ,and subject tothe terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services. for District 4, as set forth in Exhibit A, and incorporated by .reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Cxhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $2,461,478. For the initial term of the Agreement, as defined in Section 3, the total amount to be expended shall not exceed $300;180. This amount is basad upon the yearly amount detailed for each extension period divided by the 5 months Page 1 of i 1 6'827 comprised for the shortened term detailed in Section 3 below.. The amount for the initial term is $272,891 and a 10% contingency of up to $27,299 for services as maybe performed by Contractor -at the sole discretion o f City b. For each extension period exercised per Section 3 of this Agreement, the total yearly amount to be expended shall not exceed $720,432. This amount for each term is comprised of the sum of the costs for District 4 at $654,938 and a 10% contingency ofup to $85;494 for services as maybe performed by Contractor at the sole discretion of City. C. 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 September 1, 2017 and terminate on January 31, 2018, unless tenninated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to three (3) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercisediscretion or control over the professional manner in which Contractor perforans the services which are the subject matter of this Agreement; however, the set vices to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5: OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy; use, modify,, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but: not limited to, physical drawings or data magnetically or otherwise recorded on Computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documeuts & data"). Contractor shall require allsubcontractors to agree in writing that City is granted a rlon-exclusive and perpetual license for any Documents & Data the subcontractor prepares tinder this Agreekngnt, Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor mal€es no such representation and warranty in regard to Page 2 of 11 PIP15•..] Documents & Data which were provided to Contractor by the City. City shall not be. limited in --any way in its use of the -Documents and Data at any time; provided that -any such use not -within - the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Prior to undertaking.perfonnance of work under this Agreement, Contractor shall. maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation; acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal. injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CI'T'Y; and (c) contain standard separation ofinsuredsprovisions. 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, Iii 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 toobtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate; C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be fin-nished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 1.1 2-SO1N (iii), Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City, (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expendedprior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7.. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,; Contractors, special counsel, and representatives from liability: (1) forpersonal injury, damages, just compensation, restitution; judicial or equitable relief arising; out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1- of this Agreement; and (2) -from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is nubby reason of the terms of or effects arising from this Agreement. This indemnity andhold 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, oreffects, arising from. this Agreemont. 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 reliefdueto personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782 8, to claims that arse out of, pertain to; or relate to the negligence, recklessness, or willful misconduct of the Contractor. S. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against Any and all Iiability, including costs, for infringement of any United States' letters patent, trademark, or eopyflght infringement, including costs,; contained in the work product or documents provided by Contractor to the City pu rniant to this Agreement. Page 4ofII 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 rninimutn period of three (3) years, or for any longer period required by law, from the date of ficial 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 paymerit to Contractor under this Agreement. M 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 perfonnance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic- information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source, (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any maturer with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic commmunication in the rnanaerprovided in this Section, to the following.persons: 'ro City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of rwiPw �' o P.O. Box 1983 Santa Ana, CA 92702-1988 Fax 714- 647-6956: With courtesy copies to: Gerardo Monet Executive Directors Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1938 Santa Ana, California 92702 Fax 714 647-4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O.. Box 1998 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, CA 91706 Attn: TerryNortega Fax-. 626-960-3809 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 -tour (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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between:the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, tho 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 Page 6ofII 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, 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 Contractors 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 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 furless 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 invade for work which faits to meet the standard of performance specified in the Recitals of this Agreement 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited- by applicable law, in the recruitment, selection, training, utilization, promotion, terinination 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 apphcable federal, state and local taws and regulations. 17. ;JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performanec, 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. Page 7 of I 1 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 m writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and: exemptions. Said4nabillty shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and night to. bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All. Exhibits referenced herein and attached hereto shall be incorporated as if fally set forth in the body of this Agreement. --Remainder of page intentionally deft blank,• signature page to fotlow-- Page 8 of I 1 pipe RM IN WITNESS WHEREOF, -the parties hereto have -executed -thus 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 Tay: i Lisa Storek Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J, KURTZ Interim City Manager MARIPOSA LANDSCAPES, INC. By: Title: Page 9 of I I zsfIsra EXHIBIT A SCOPE OF SERVICES Page 10 of I I Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE (DISTRICT 4) RFP NO.: 17-067 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 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 are, 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 shall be performed at the same time mowing occurs. The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging/detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than 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 systems monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7) water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure/repair deficiencies. 2.2 When an irrigation system does not adequately provide water to the priority turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall direct their staff to immediately provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate priority turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. Failure to maintain priority turf in a green and healthy condition will result in deductions from the monthly invoice. 2.3 Irrigation System Maintenance 2.3.1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City of Santa Ana Park Services' specifications and details. Repairs to irrigation heads shall be 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 ,4 t ,l; 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub/Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or toppers 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 lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including 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 2 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. ofntt�Qp� 2F 1 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 Tree Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 6.0 Playground/Tot-Lot Areas 6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris, sand/wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re - grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 Maintenance and Clear: -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 �S�t� Qp��2FP 17-067 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 ofn ` 17-067 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, warm-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 17-067 2 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 sub -contractor 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. 17-067 5 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 perfumed 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. 2 Consultant Responsibilities: 1.0 - GENERAL- CONDITIONS — - 1.1 Definitions - 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. R; , ' t 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. City of 2 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 Attaclunent 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. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual/monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of park/facility, location in park/facility, controller letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, annual color) days of week on/off, run times, start times, water budget percent, weekly ET, percent of 'ET City • �.. - 0ft�6 _% + ,09 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 p ark/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 f ;r 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 2 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 or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm naive 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. 1W411-YA 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 (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. City of Sang QqJFP 17-067 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 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 17-067 3 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 Sante Qf4EP 4 17-067 ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement is expected to commence on September 1, 2017 through January 31, 2018 with the option for the City to grant up to three one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 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, Gloriosa Daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or City of �1-45 7-067 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 REQUIREMENTS (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 perforin by the contractor. 5. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to ajob 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 perfornling visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. City 2Sarlt� �Q441 17-067 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. 23 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: 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 full-time, permanently certified personnel, as accredited by the International Society of Arboriculture. 4.1 The Contractor shall employee an ISA Board Certified Master ArboristO to oversee the project. The ISA Board Certified Master ArboristO credential is the highest level of certification offered by ISA. This credential recognizes ISA Certified ArboristsO 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 ArboristsO currently hold this certification. 4.2 The Contractor shall employee an ISA Certified Arboriste-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 Arborist0 credential, you must be trained and knowledgeable in all aspects of arboriculture. ISA Certified ArboristO have met all requirements to be eligible for the exam, which includes t C 'LL, 4 1 1, mice of More years of £till -time, cligivic, practical worn CRperienee :^. 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 ArboristsO 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 SpecialistO and/or The ISA Certified Tree Worker Aerial Lift SpecialistO. To be a ISA Certified Tree Worker Climber SpecialistO, 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 SpecialistO when working on trees beneath or in the vicinity of utilities. The ISA Certified Tree Worker Aerial Lift Specialist® requires candidates to demonstrate their ability to perforni 2 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. 5.4 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 SAPRF 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 of S ;,C,. • 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. 6.3 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 weals 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 wind 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. 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 SPECIFICATIONS 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. 17-067 1 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 Z133.1-1994. 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 priming shall consist of the pruning of the following, but not limited to, palms (Syagrus romanzoffiamun (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 nSa�t� QFP 17-067 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. 11.2 Flushcuttingwhere a cut 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 baric 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 a 17-067 3 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 cut 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. 14.3 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 anytime 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 Z133.1-1994 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 specific 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 S t pqFP 17-067 16.0 TIME FOR COMPLETION - - Ifawardedthis 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 pruning 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. �1 ATTACHMENT 6: MAPS City of SWt� Q�j� FP 17-067 =427 T V Q� =427 L, w 2d& -IN I qPf Ufm M. .r 44 ` `A, 00,0 `r Atm 2W431 Fla N F' N CONTRACT AREA EM SPORT/PRIORITY TURF AREA 3API LORUiaZ ._—AVE. 1 0! J V 2 IS3 AV V. DI In D �I � V E 2 f(H' 34 12 WCarriageDr t `- ,SCA WGarry Ave Garry AJe 1820 #� m -— �W MooraAve--. p , Me River, Me Trail IAlton Ave BEac&hawk Of Ri'to, €m, rsmk C!r i atza' _ s 25'0'--'41T*'JS5 ur 25f"'fit MOM !� � � � < �� \ \ � � # . v <o.� � «� � � � � � %� � .?\\�� \. . m KPI C�Y =v -u1 B If 2 i- 2SD-1 41 I 2ffji'42 ATTACHMENT 7: QUALITY STANDARDS City of Ma U 19 R .o � . x o Jew a- � EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 1I of 11 2150blBf13 r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AMENDMENT TO THE AGREEMENT WITH INSURE PROTECTIVE SECURITY FOR SECURITY SERVICES FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5, 5C) CIW MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Insure Protective Security for security services for city hosted events by increasing the amount not -to -exceed by $20,000, for the original term of March 21, 2017 to December 31, 2017 and for each of the two, one-year renewal options for a total amount not -to -exceed of $195,000 for the total contract period, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 21, 2017 the City awarded an agreement to Insure Protective Security to provide security services for various city events. During planning of the Cinco de Mayo event additional guards were added, compared to prior years, to provide sufficient coverage for the event. Staff recommends continuing this level of service for the Fiestas Patrias event. The increase in the level of service was unanticipated and therefore requires the contract limit to be increased to cover the additional service for the Cinco de Mayo and Fiestas Patrias events, as well as other City events. No other changes are being requested. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City -controlled open space). 25E-1 Agreement Amendment with Insure Protective Security for Security Services for Various City Events August 15, 2017 Page 2 FISCAL IMPACT Funds are available in the following account for the specified years: Unit PRCSA-Recreation (no. 0111 FY 17/18 FY 18/19 FY 19/20 $20,000 "Note -Only $10,000 is needed for FY 19/20 as the contract would be for six months in FY 19/20, ending on December 31, 2019. L tee_ " Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director _-rrv� Finance and Management Services Agency EXHIBITS: 1. Agreement Amendment— Insure Protective Security 25E-2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE SECURITY SERVICES FOR VARIOUS CITY EVENTS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July _, 2017, by and between IPS Security, Inc., 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 parties entered into Agreement #A-2017-055, dated March 21, 2014 ("Agreement'), by which Consultant agreed to provide security services for City events. B. The original term of the Agreement was from March 21, 2017 through December 31, 2017. The Agreement provides for two additional, one year renewal options, by a writing executed by the City Manager and the City Attorney. C. The parties wish to amend the Agreement to include additional funds to provide additional security guards for City events for the remainder of the original term of the Agreement and each annual renewal term, thereby increasing the overall not to exceed amount of the Agreement. The Parties therefore agree: 1. Section 3, Compensation, is amended to include an additional $20,000 for the remainder of the term of this Agreement, and to each annual renewal term. The amount for each term shall not exceed Sixty -Five Thousand Dollar ($65,000). The total sum to be expended under this Agreement shall not exceed One Hundred and Ninety -Five Thousand Dollars ($195,000) for the entire term of the Agreement, including any renewals. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager -- signatures continued on next page -- Page 1 of 2 25E-3 Signature Page — First Amendment to Security Services Agreement with IPS Security, Inc. APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency Name: Title: Page 2 of 2 EXHIBIT 1 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AGREEMENT WITH PLACEWORKS TO PROVIDE A RECREATIONAL VALUE ASSESSMENT OF VARIOUS CITY PARK SITES (STRATEGIC PLAN NO. 5,4A) �12,,27�,, - CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Placeworks to provide a recreational value assessment of various park sites in an amount not -to -exceed $50,541, which includes a 10% contingency, for a term from August 16, 2017 through January 31, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City currently licenses 2.6 acres of city property at Centennial Park to Santa Ana College. The deed condition from the Department of the Interior indicates the property is to be used for recreational purposes. In order for the College to continue using the site under a license a land conversion needs to be approved by the National Park Service to remove the deed condition of the 2.6 acres and transfer it to the three new vacant sites (Sixth/Lacy, Raitt/Myrtle and Pacific Electric Park) totaling 2.89 acres. Part of the requirement is to complete a recreational value assessment of the three new sites in comparison to the site at Centennial Park. On May 18, 2017, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for a recreational value assessment. An evaluation committee consisting of one representative from PRCSA-Administrative Services, one from Planning and Building, and one from the Community Development Agency reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which included firm/team experience, relevant project experience, understanding of need, schedule and fee. The results of the RFP evaluation were as follows Vendors Score (300 Max) Placeworks 250 Integrated Economics, LLC. 227 25F-1 Agreement with PlaceWorks to provide a Recreational Value Assessment of Various City Park Sites August 15, 2017 Page 2 The City proposes to enter into an agreement with Placeworks to create a recreational value assessment. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy A (Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and develop concepts and proposals for the Library Park in Civic Center and Centennial Santa Ana River Eco -Park). FISCAL IMPACT Costs associated with this project will be reimbursed by Santa Ana College. Funds are available in the following account for the specified year: Accounting Unit Acquisition and Development (no. 30113260-62300) AcwtjL Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement FY17/18 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25F-2 AGREEMENT TO PROVIDE RECREATIONAL VALUE ASSESSMENT TO CONVERT CITY PROPERTIES INTO RECREATIONAL USE SITES THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between P1aceWorks, Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). A. On May 18, 2017, the City issued Request for Proposal ("RFP") No. 17-062, by which it sought proposals from qualified firms for recreational value assessment in connection with land conversion of City properties of various types for the purpose of converting available properties into recreational use sites. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform recreational value assessment services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended Linder this Agreement shall not exceed $50,541 during the term of this Agreement This amount is comprised of (1) the sum of $45,946 and (2) a 10% contingency of up to $4,595 for services as maybe performed by the Consultant at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the Page 1 of 10 25F-3 standards of performance set forth in the Recitals which may reasonably be expected by City. 3. 'GERM This Agreement shall commence on August 16, 2017 and terminate on January 31; 2018 unless terminated earlier in accordance with Section 15, below. We VLMIe. Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided. by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social, security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement C 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 shallrequire 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 Page 2 of 10 25F-4 act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Page of 10 25F-5 indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents; employees; consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of c arms �r-person�njurya-sn-c uding`de ,-anclaims`rvfor property amage; w ircli may arise from the negligent operations of the Consultant or its Consultants, 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 terns of, or effects, arising from this Agreement. The Consultant further Mees 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 Consultant's services are subject to CivilCodeSection 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 27$2.$, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent; trademark, or copyright infringement; including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4of10 25F-6 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 information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box '1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director — Gerardo Mouet Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M=23) P.O. Box 1988 Page 5 of 10 25F-7 and Santa Ana, California 92702 Fax 714-647-4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To Consultant; P1aceWorks, Inc. Attn: Isabelle Minn, Principal 3 MacArthur Place Suite 1100 Santa Ana, CA 92707 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 mall, 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 Consultantregardingthe 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate; or subcontract any interest herein without the prior written 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. Page 6 of 10 25F-8 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services per£orned by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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 in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California; shall be the venue for any action or proceeding that may be brought or arise out of, in cormection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page? of 10 25F-9 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. LL � . _,__�� _� � All Rxlniliits refeieneerTHerein ancl�titiached-�refo shatlTie rncoi=porate�c as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. KURTZ Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: k �%t,)i11� Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Gerardo Monet Executive Director Parks, Recreation and Community Services Agency By: Title: Page 8 of 10 25F-10 EXHIBIT A SCOPE OF SERVICES Page 9 of 10 25F-11 Exhibit A - Consultant Agreement with PlaceWorks, Inc. _._ Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17-062 Fn r -r-0 de -66 -n -and a11aeV-and _.___ 11 _ ---- � _ —7-7--7-77-7 The City of Santa Ana is seeking Recreational Value Assessment in connection with a land conversion of City properties of various types for the purpose of converting available properties into recreational use sites. The City currently licenses city property of 2.6 acres at Centennial Park to Santa Ana College. The deed condition from the Department of the Interior indicates the property is to be used for recreational purposes. In order for the College to continue using the site under a license a land conversion needs to be approved by the National Park Service to remove the deed condition of the 2.6 acres and transfer it on to the three new vacant sites totaling 2.89 acres. Part of the requirement is to complete a recreational value assessment of the three new sites in comparison to the site at Centennial Park. New Park Sites Include: Site 1 710 E. 6111 Street, Santa Ana, CA 92701 (0:14 Acres) 714 E: 6th Street, Santa Ana, CA 92701 (0.14 Acres) 720 E. 6a' Street, Santa Ana, 'CA 92701 (0.14 Acres) Site 2 415 S. Raitt Street, Santa Ana, CA 92703 (0.45 Acres) 423 S, Raitt Street, Santa Ana, CA 92703 (0.64 Acres) Site 3 1128 S. Orange Avenue, Santa Ana, CA 92701 (0.24 Acres) 309 E. McFadden Avenue, Santa Ana, CA 92701 (0.17 Acres) 311 E. McFadden Avenue, Santa Ana, CA 92701 (0.18 Acres) 317 E. McFadden Avenue, Santa Ana, CA 92701 (0.27 Acres) 329 E. McFadden Avenue, Santa Ana, CA 92701 (0.19 Acres) 335 E. McFadden Avenue, Santa Ana, CA 92701 (0,33 Acres) Total: 2,89 Acres Site for change of use conversion: 2900 W. Edinger Avenue, Santa Ana, CA 92701 (2.60 Acres Description of Work The Consultant shall provide technical services under the direction, of the City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant's Project Manager and staff shall be responsive and maintain excellent working relationships with the project applicant, property owners, developers and City staff. The Consultant shall be, committed to provide adequate staffing levels at all times in order to adhere to the established schedules. The Consultant shall be knowledgeable and very familiar with the federal, state and local regulations, policies and procedures as they pertain to the services provided. City of Santa Ana RFP 17-062 Page 10 25F-12 Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, preparation of studies and technical reports. Consultant Responsibilities: The selected firm shall perform all of the services necessary to prepare a Recreational Value Assessment and shall deliver five copies and 1 electronic copy (USB Flash Drive or equivalent) of a written report for each site toll _ . mer- _.�_. __�__ _�_ �-__ Fee Proposal: In addition, the fee schedule shall be structured to depict the hourly rates of each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. Additionally the Pee Proposal shall include a Nat -To -Exceed amount. Additional Information Aerial view of Centennial Park and concept plan of sites 1, 2, and 3 included on the following pages. City of Santa Ana RFP 17.062 Page 11 25F-13 Santa Ana College Centennial Education Center 25F-14 25F-15 r U CITY OF SANTA ANA 25F-16 T 25F-17 APPENDIX ATTACHMENT 3-6: TEAM EXP WEN E CPTX OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17-062 -Proposal sbalt include a profile of the firm's experience. include resumes of project teamAub-contractors that outline their technical and design expericnco. This should include the project ,manager/principal agent, organization chart identifying only those who will perform work for the proposed project and the percciitage of cath individual's time devoted to this project. Include this page as a cover for your response to this section. City of Santa Ana RFP 17-062 PROPOSAL FOR SERVICES i PLACEWORKS I I 25F-18 TEAM ORGANIZATION ISABELLE MINN, as.A, LE6a.AP Principal Bole., Princlpal-in-Charge C. C. LAGRANGE, Ass, Senior Associate EMILY KIEFER ASSOclate Rale: AsslstantProlect Manager Altuchrnen! 3-6Teclrn EXOPrience ROBERT MAZU R JESSICA SETIAWAN GIs Manager Project Planner Role: GIS Manager Rale: GIs Assistant TEAM MEMBER BIOGRAPHIES AND TIME COMMITMENT Following is abrief overview of our proposed staff as well as their time commitments to the project. Full resumes for each follow- ISABELLE MINN, ASIA, LEEO AP I Principal Time Commitment; 10 % Role: Principal -in -Charge Isabelle has nearly 15 years of experience in community-based design and planning. Her work has focused on landscape architecture and Urban design, with an emphasis on the protection of open space and natural resources, as well as improving and greening our urban areas. She has managed a wide range or, projects, from large, open space master plans to urban forestry plans and site planning and design. She has managed many trail planning and design projects, from large-scale trail master plans to construction documents, and she is an expert on the development of urban greening projects, including the planning, design, and development of urban agricultural facilities and community gardens. C.C. LAGRANGE, ASLA I Associate Time Commitment: 15 % Role: Project Manager C.C's passion for creating well -crafted public spaces extends from the comprehensive planning of new communities down to the smallestdetalls of construction materials, giving her projects a deep level of cohesiveness. She has successfully worked with a variety of public agencies, from small cities to large regulatory bodies. She was project manager for the award-winning Los Angeles County Comprehensive Parks and Recreation Needs Assessment, which collected and analyzed parks data from 188 study areas to determine and document park needs across the county, This work supported the passage of a countywide parks funding measure in 2016, and C.C. Is currently assistingwiththe Implementation, other recentwork Includes the Santa Ana River Parkway and Open Space Plan to create the vision fpr a mile -wide parloway along the length of the river, and the design and construction of several community parks. PROPOSAL FOR SERVICES I PLACEWORK5 13 25F-19 Allachrne;.nt 3-6:'recam Exf.3erlence3 EMILY KIEFER ( Associate Time Commitment: 30 % Role: Assistant Project Manager Emily is a parks and recreation planner and landscape designer with 10 years of experience, [ter focus is an public parks and park systems, including planning at the system scale and designing and preparing construction documents at the vIT1lAubl — l(dkiiy ae she understands systernwlde Issues of constructabIlity and maintainability, she creates functional, visually inspiring landscapes that are low maintenance and sustainable. Robert Mazur ( GIS Manager Time Commitment: 10. % Role: GIS Manager Rob has extensive experience creating maps and datasets for a range of planning projects. He specializes In all facets of geodatabase development, data management, web GIS, and spatial and tabular analyses for improved decision- making, information retrieval,. and cartography. Jessica Setiawan ( Project Planner Time Commitment: 10 Role; GIS Assistant Jessica specializes in complex projects Involving GIS analysis, data analysis, and comprehensive planning, She recently served as key staff on the Los Angeles County Parks Needs Assessment, which included a detailed analysis of 188 individual study areas across the county. 14 CITY OF SANTA ANA RFP NO, 17.062 1 RECREATIONAL VALUE ASSESSMENT 25F-20 ------_�-----�----Isabelle-harnearl}�3`syearsofexperrerrce•_n`communiigsbzseddesPgn-andplannlrrg----- EDLI:CATf(:iN----- -------- —"er or work has focused on landscape architecture and urban design, with an emphasis on the protection of open space and natural resources, as well as Improving and "NIS, Resource Ecotogy and greening our urban areas.. She has managed a wide range of projects, From large; Management,. University of open space master plans to urban forestry plans and site planning and design. She Michigan, Ann Arbor is recognized for her skills In project management, Including strategicthlnkingabout v Master of Landscape Architecture, processes, adherence to schedules and budgets, a commitment to high-quality University of Michigan, Ann Arbor graphic and written products, and a high level of responsiveness to clients.. » BS, Environmental and Resource Isabelle oversees projects that involve numerous forms of open space and Include Science, University of California, aspects of creating or restoring parks and open space amenities, from planning to Davis developing design documents. she strives to create a balance between protecting resources and increasing public access to open space, Isabelle has developed multi- REGISTRATIONS disciplinary studies addressing physical, biological, cultural, and policy issues that » California Licensed Landscape affect watersheds. She has also rnanaged many trail. planning and design projects, Architect No, 5248 from large-scale trail Master Plans to construction documents, and she is an expert on the development of urban greening projects, including the planning, design, and development of urban agricultural faciiitics and community gardens. CERTIFICATIONS » Leadership in Energy and HIGHLIGHTS OF EXPERIENCE Environmental Design Accredited Professional PARKS AND CIVIC LANDSCAPES n Master Plan for Sustainable Parks and Recreation, LA County CA AFFILIATIONS n Saratoga Quarry Park. Master Plan, Saratoga CA. a American Society of Landscape » Martial Cottle Park Master Plan, San Jose CA Architects » Trancas Crossing Park and Napa RiverTrall, Napa. CA » California Urban Forests Council, n Gold Bug Park Improvement Project, Placerville CA Board Member STREETSCAPE IMPROVEMENTS » Bey Area Trails Collaborative, a Santa Rosa Avenue Corridor Plan, Santa Rosa CA Member v Foothill Boulevard Streetscape Design Project, Oakland CA » Bay Clarke-Weol<s-Pulgas Avenue Conceptual Plan, East Palo Alto CA Team member since 2001 » North Broadway Neighborhood Plan, Bay Point CA OPEN SPACE AND TRAILS » San Vicente Redwoods Public Access Plan: Santa Cruz County CA • Supervisorial District 5 Trails Assessment and GIS Mapping, LA County CA » Cloverdale Ranches Alternatives Planning, Pescadero. CA r> La Honda Creek Open Space Preserve Master Plan,. La Honda CA >, Laguna de Santa Rosa Protected Lands Trail Plan, Sonoma County CA a Wavecrest Concept Zan, Half Moon Bay CA u Mori Point Trail Planning and Design, Pacifica CA URBAN AGRICULTURE AND URBAN FORESTRY n Salinas Urban Greening Plan, Salinas CA » Orovllle Urban Area Master Greening Plan, OrovlCe CA PLACEWORKS 15 25F-21 P Urban Farm and Garden Master Plan, Alameda CA a+ EI Monte Urban and Community Forestry Management Plan, EI Monte CA u Agricultural Park Consulting Services, Davis CA u Urban Farm Design Services, Treasure Island, San Francisco CA HABITAT RESTORATION AND RESOURCE PLANNING D Benicia Urban Waterfront Enhancement and Master Plan, Benicia CA u Lake Merritt Bird Island Enhancements, Oakland CA P Comanihe Creek Vegetation Management Plan, Chico CA I'll I a TrancasCrossingParkand-NapaRiverTrail,NapaCA ceworks.com o Breuner Marsh Restoration HIR, Richmond CA a Lower Peninsula, West Valley, and Guadalupe Watershed Stewardship Plans, Sam:a Clara County CA n St. John', Church Creek Study, Oakland CA u Windsor Gateway Creek Restoration and Permitting, Windsor CA SITE PLANNING AND DESIGN D Benicia Waterfront Restoration Pian, Benicia CA D San Leandro Boulevard -BART Pedestrian Interface Plan, San Leandro CA n Bay Clarke-Weeks-Pulgas Conceptual Plan, East Palo Alto CA n North Redwood Boulevard Planning Study, Novato CA. n Southwest Chico Neighborhood Plan, Chico CA n Sonoma Plaza Pedestrian Corridor and Land I)$a Study, Sonoma CA u Balinas Lagoon Preserve Conceptual Site. Plan, Bollnas CA +� North Broadway Neighborhood Plan, Bay Point CA +> Riverbank Ammunition Plant Specific Plan and CIR, Riverbank CA >+ Windsor Gateway Mixed -Use Development Project, Windsor CA PUBLIC PARTICIPATION AND COMMUNITY-BASED PLANNING P Ozone Working Group Meeting Facilitation, San Francisco Bay Area CA rr Livermore Vision Project, Livermore CA +z SMART Commulalty Outreach Project, Sonoma and Marin Counties CA » Mayfair Neighborhood Improvement Plan, San Jose CA n Truckee General Plan and EIR, Truckee CA D Napa County Community -Based Transportation Plan, Napa County CA u Ravenswood/Four Corners Specific Plan and El R, East Palo Alto CA SUSTAINABLE PLANNING AND DESIGN ++ StormwaterHandbook PlannngGuidelines,AlamedaCoontyCA e Rooftop Resources Assessment, Oakland CA PUBLICATIONS u "Stream Restoration and. Channel Daylighting"(co-author),InLandscape Architecture Graphic Standards, Let ed., Leonard J. Hopper led.), John Wiley & Sons,. 2006 SPEAKING ENGAGEMENTS 'Maximizing the Be refits of Urban 6moning', 2010 APA Call forms Chapter Conference, Carlsbad CA u "Parks as Resource Management Tools", 2009 APA California Chapter Conference, Squaw Valley CA AWARDS n Martial Cottle Park, San Jose CA +� California Chapter APA Award of Excellence, Innovation In Green Community PlanningAward, 2011 v Northern Section, California APA, Innovation in Greven Community Planning 16 Award, 2011 25F-22 „�..;: aa► � .; �^► ty tw: �, is ___ _ Cfs.'sy�assion for cLesLh gweI_ rafkadg planntog ofnew communtdes down to the snoanestdata rls of corrstructioh materteIs, giving her projects a deep level of cohesiveness, She has successfully worked with e Master of Landscape Architecture, a variety of public agencies, from small cedes to large regulatory bodies. She was Cal Poly Pomona ” BA, Biology, Grinnell College, Grinnell, project manager for the award-winning Los Angeles. County Comprehensive Parks owa and Recreation Needs Assessment, which collected and analyzed parks data from 188 study areas to determine and document park needs across the county. This work supported the passage of a countywide parks funding measure in 2016, and C.C, is REGISTRATIONS currently assisting the county with Implementation of this measure. Other recent » California Licensed Landscape work Includes the Santa Ana River Parkway and Open Space Plan, which will create Architect No. 6041 the vision for a mile -wide parkway along the length of the river, and the design and construction of several communih/ parks inamaster planned community inMade ra AFFILIATIQNS. County. HIGHLIGHTS OF EXPERIENCE » Santa Ana. River Parkway and Open Space Plan I San Bernardino, Riverside, and Orange counties CA » Community park design and construction documents, Tesoro Viejo Master Planned Community I Madera County CA » Los Angeles Countywide Park Needs Assessment I Los Angeles County CA +� Los Angeles County Master Plan for Sustainable Parks I Los Angeles County CA » Measure A Implementation I Los Angeles County CA PRIOR EXPERIENCE » Orange County Great Park l Irvine CA » Adventure Playground I Irvine CA Quell Hill Community Center l Irvine CA ». Villas at Playa Vista Apartment Homes I Los Angeles CA SPEAKING ENGAGEMENTS n "Mapping, Metrics, and Outreach: Assessing Park Need in America's. Most Populous County" 12016 APACA State Conference { Pasadena, CA AWARDS » 2016 Marketing and Communications Award of Excellence, California Parks and Recreation Society I Los Angeles County Comprehensive parks and Recreation Needs Assessment 25F-23 » American Society of Landscape. Architects Team member since 2015 PLACEWORKS A W II or experience. her incus is on punuc parts ano parrc syscerns, mcuaaig prdnnmg di „ Master of Lanscape ArchiteCt.Ure the system scale and designing and preparing construction documents at the site California State Polytechnic scale. Emily has a wide breadth of experience with public parks, and because she University,Pomona understands systemwide Issues of constructabilty and rnaintainabdity; she creates functional, visually Inspiring landscapes that are low maintenance and sustainable. » BS, Environmental Science She has also worked at the residential scale, providing landscape design and Chapman University, Orange, preparation of construction documents for a wide variety of residential projects California throughout Orange County. Before working In landscape design, Emily was a wetlands researcher with the CERTIFICATIONS Southern California Coastal Water Research Project, where she studied the effects x Certified Playground Safety Inspector of urban runoff in coastal wetlands, She also gained valuable experience working for the Bureau of Land Management, conducting environmental outreach and restoring Team member Since 7017 native piantcommunites. PRIOR EXPERIENCE MASTER PLANNING » Anaheim Urban Greeningand Connectivity Plan (Anaheim CA » Irvine Parks and Recreation Master Plan I Irvine CA n Madera County Parks and Recreation Reeds Assessment I Madera CA Rosemead Parks and Recreation Master Plan. i. Rosernead CA • La Palma Parks and Recreation Master Plan 1 La Palma CA » Desert Not Springs Parks and Recreation Master Plan IDesert HotSpringsCA » Crown Valley Community Park Needs Assessment I Laguna Niguel CA o Tehachapi Parks and Recreation Master Plan I Tehachapi CA » DVasco Urban Greening, Parks and Open Space Master Plan I Wasco CA PARIS DESIGN n Bakersfield Mesa Marin Sports Complex, Phase I and Phase III Bakersfield CA » Veterans Sports Park at Tustin Legacy I Tustin CA » Pine Avenue Streetscape Improvements I Long Beach CA » Westlake Village Community Park I Westlake Village CA la Palma Central Park I La Palma CA » Indic, Central Park I Indic CA » Compton Creek Park I Compton CA » Alondra Community Regional Park I. Lawndale CA >, rl Monte Gateway Park I EI Monte CA s Paramount Dills Park I Paramount CA » California State University Fullerton, Student Recreation Center I Fullerton CA AWARDS x 2008Analy3ls and Plan ning Honor Award, ASLA I "Kids at the Creek: Planing the Seeds of Stewardship in Cho (las Creelc" 0 PLACEWORKS ,9 25F-24 PRIOR EXPERIENCE » FEMA Digital Flood Insurance Rate Map Production, FEMA Region IX » Sidewalk Inventory Project, Oakland CA » Sidewalk Inventory Project Seminar, Oakland CA )) Worldwide Defense Mapping for the National Imagery Mapping Association D Curb Ramp inventory, Oakland CA » True Green Land Carey San Jose CA SPEAKING ENGAGEMENTS 'Los Angeles County Trails Assessment", 203.5 Greater and Greener Conference, San Francisco CA "Oakland Citywide Sidewalk Condition/ADA Inventory', 2066 SSRI International User Conference, San Diego CA 25F-25 prOjOQs.Hespecializes in-aIttocats ofgeodatab asedevelopment,data management, web GIS, and spatial and tabular analyses for Improved declston,madng, Information v BA GeographgEdlnboroUniversity, retrieval, and cartography. His experience in a aide variety of planning projects, Edinboro, PA coupled with his expertlsa in GIS and field data collectlon, make him a key asset to any team. Rob excels at quantitative and spatial analysis, including buildout CERTIFICATIONS calculations, walkability, community health modeling, cartography, and land use » GIS Professional scenario modeling. He works directly with clients and staff to develop effective, efficient, and informative GIS processes. AFFILIATIONS n Bay Area Automated Mapping HIGHLIGHTS OF EXPERIENCE Association » Los Angeles County SDS Tralls, los Angeles CA n Los Angeles Couniy Sustainable Parks Master Plam Los Angeles CA Team member since 7,011 n Los Angeles Comprehensive COLIntywide Park Needs Assessment, Los Angeles CA a Vallejo Integrated Revitalization Program and. Comprehensive General Plan Update, Vallejo CA » Firsts CA, Montclair WeCare, Montclair CA n San Carlos GIS,: San Carlos. CA D Morgan Hill 2035 General Plan, Morgan Hill CA » Menlo Park Housing Element EA, Menlo Park CA » Upland General Plan Update and E[R, Upland CA n Vacaville General Plan Update, Climate Action Plan, and EIR, Vacaville CA » Butte County General Plan Update and EIR, Butte County CA. » Healthy High Desert, San Bernardino CA n Santa Cruz TOD, Santa Cruz CA A Walnut Creek BARTTransit Village Plan EIR, Walnut Creek CA PRIOR EXPERIENCE » FEMA Digital Flood Insurance Rate Map Production, FEMA Region IX » Sidewalk Inventory Project, Oakland CA » Sidewalk Inventory Project Seminar, Oakland CA )) Worldwide Defense Mapping for the National Imagery Mapping Association D Curb Ramp inventory, Oakland CA » True Green Land Carey San Jose CA SPEAKING ENGAGEMENTS 'Los Angeles County Trails Assessment", 203.5 Greater and Greener Conference, San Francisco CA "Oakland Citywide Sidewalk Condition/ADA Inventory', 2066 SSRI International User Conference, San Diego CA 25F-25 __doss ca allzes _92�np R Aest aysi�ng G.LS �.na ys sMslata auaLVs and _EDUC/kTlON------- _ coPnp�rWM Ir W6 glannlrg She has slght(icanR expurience conducting enVIronir7L'itta[ p BA, University of California San Diego, spatialanalyses with an emphasis In forest conservation and preservation, as well 2011 as urban greening. Jessica Is recognized for her strong analytical skills and abllity to evaluate large data sets and conduct sophisticated spatial analysis with an emphasis n Master of Urban and Regional _ in raster analysis. She is also known for creating high-quality graphics that display Planning, San Jose State University, both numerical and spatial data analysis results. 2013 Jessica recently served as key staff on the Los Angeles Cc unty Parks Needs Assessment Team member since 2015 for Los. Angeles County, which Included a detailed analysts of 138 Individual study areas across the County HIGHLIGHTS OF EXPERIENCE GIS/SPATIAL ANALYSIS » Los Angeles County Park Needs Assessment, Los Angeles County CA v Stockton General Plan Update, Stockton CA u Vallejo General Plan Update, Vallejo CA » Propel Vallejo EIA; Vallejo CA n San Leandro General Plan Update, San Leandro CA » Menlo Park General Plan Update, Menlo Park CA » Los Angeles County Trails Assessment, Los Angeles County CA PLANNING u AMBAG Sustainable Comm unities. Monterey Bay CA v Los Angeles. County Park Needs Assessment, Los Angeles County CA PRIOR EXPERIENCE EARTH INNOVATION INSTITUTE, RESEARCH ASSISTANT, 2014-2015 Researched and analyzed land use laws in Brazil to conduct a property -level compliance analysis of the Brazil Ferest Code, Helped create and manage a public online monitoring platform that displays deforestation, agricultural production, and greenhouse gas emissions activity of local Brazillan jurisdictions. CITY OF SAN JOSE ENVIRONMENTAL SERVICES, AIR COMPLIANCE INTERN, 2012-2013 Prepared permits for the Title V Program, engines, and fleet of the San lose/Santa Clara Water Pollution Control Plant. Conducted an Internal audit to ensure compliance of divisions and equipment to ensure a successful Third Party Greenhouse Gas Verification Audit. sYi EWOR 'A 23 25F-26 ProjeLt Planner jsetiawan @ p laceworks,com 26 SIERRA CLUB LOMA PRI ETA CHAPTER, SUSTAINABLE LAND USE INTERN, 2012 Facil ltated meetings for San lose environmental community group, wrote o p-eds and letters to Clty Council an sclu dons for sustainable land use. TIJUANA RIVER NATIONAL ESTUARINE RESEARCH RESERVE, WATERSHED INTERN, 2010-2011 Evaluated the lmplementabl lity of 56167, tracked the flow of waste t res for Tijua na 25F-27 APPENDIX ATTACHMENT 3-9: UNDERSTAND>r G or NEE CITY OP SANTA ANA RE QUEST FOR PROPOSALS RFP NO.: 17-062 -Proposal shall include an outline which demonstrates the firth understands the scope of work, 'Chis outline should include anticipated approach, tasks necessary for successful cam�letion, and sra� ions or special Include this page as a cover for your response to this section, City of Santa Ana RFP 17-062 PROPOSAL FOR SERVICES I PLACENORKS 35 25F-28 A f 1c.1chnierr13•8: Understanding of plead PROJECT UNDERSTANDING The City of Santa Ana leased approximately 2.6 acres within Centennial Park to the Rancho Santiago Community College District (RSCCD) for the purpose of building and operating a Career Education Center consistent with the park deed - - -- restr-Icdons The-orJginal 3G -year -agreement -expired and-because-RSGCD-did -- notfully satisfy its duties under the agreement, the National Park Service (NPS) agreed to extend the agreement for only 5 years, In order for the College to continue usingthe site in the future, a land conversion must be approved by the NPS to remove the deed condition of the 2.6 acres and transfer it to three vacant new park sites totaling 2.89 acres. The City is seeking the assistance of a qualified consulting firm to prepare a recreational value assessment of the three new sites in comparison to the site at Centennial Park. PlaceWorks has the unique experience of working with the City of Santa Ana on the previous. Recreational Value Report for the Centennial Park land conversion request submitted in 2012. Our background and knowledge in this process allows us to work both more efficiently and more effectively in preparing a thorough and thoughtful report. Our approach includes the following specific components. HOLISTIC TEAM MANAGEMENT The PlaceWorks team will wort with City staff to assure that the project process is clearly understood and inclusive. The project will begin with a kick-off meeting to discuss the .scope of services and define the implementation process. PlaceWorks will facilitate ongoing communication with City staff throughout the project to make sure that all questions are answered and that deliverables are received on schedule, An organized site visit will give City staff an opportunity to discuss any significant design details and/or planning discussions relevant to the project. The PlaceWorks team will prepare and distribute meeting notes to document any important issues that arise during the project. COMPREHENSIVE INVENTORY AND ASSESSMENT TOOLS PlaceWorks proposes to lead the inventory and assessment process by performing a thorough site analysis at each site. The team will utilize GIS analysis tools to provide a vivid illustration of existing levels of service, with consideration of demographic, socioeconomic, and othermetrics, to determine if the proposed park sites offer equal or greater recreational value. The team will look closely at programming opportunities for each site. Utilizing current planning documents and outreach findings, the team will assess the recreational needs in surrounding communities, The gathered information will be used to analyze the conceptual plans for the proposed park sites and the potential park programming at the Centennial Park site, FINAL PRODUCT The PlaceWorks team will then draft a clear, comprehensive report that distills the analysis and presents a. conclusion of the comparative recreational value for the Centennial Park site and the three proposed replacement properties. Our team prides itself on synthesizing multifaceted analyses into clear, concise graphic elements that capture the content of the materials. 36 CITY OF SANTA ANA RFP NO. 17-062 1 RECREATIONAL VALUE ASSESSMENT 25F-29 Atlaohment 3-E: Understanding of N", (J SUGGESTIONS/SPECIAL CONCERNS e Has there beencompletion of supporting documentssuchasCEQA,NEPAand site appraisals and are these readlly available to the selected consultant? Is there a reason why the previous land conversion request was not accepted? Have NPS requirements ch anged since the last submittal? PROPOSAL FOR SERVICES I PLACEWORKS 37 25F-30 APPENDIX ATTACIBIENT 3-9: `T`TL1^IEx.11' FUSCHEDULE CITY OF SANTA ALBA REQUEST FOR PROPOSALS RFP NO.: 17-062 -Proposal shall inctude a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomntished, the deliverables to be provided, and the schedule / timeline to cornatete the nrolect. m Include this page as a cover for your response to this section. City of Santa Ana RFP 17-062 PROPOSAL FOR SERVICES I PLACEWORK5 39 25F-31 AttcichrncsAf 3-9;'i'irr�e>Arte:ySei� d do SCOPE OF WORK PlaceWorks will conduct a Recreational Value Assessment comparing the three proposed park sites (6th Street, Raiff Street, and Orange/McFadden Ave.) to the Centennial Park site. The following describes the proposed scope oFservices to .�.�be-e©mple€ed-byehe-WaeaWo-rks-team-fer-the-Assessments------------------------�-- TASK 1. PROJECT INITIATION AND DATA COLLECTION Task 1.1 Kickoff Meeting The PlaceWorks team will conduct a Kick-off meeting with the Project Manager from the City and any other key staff. The goal of the initial meeting will be to review the project objectives, timeline, and schedule and to refine or make any needed changes to our scope. Assumptions: - City staff will arrange meeting location, time, and date, and invite mee;i ng attendees. Detiverabie(s): - Kick-off Meeting Agenda, Meeting Materials, and Summary Meeting Nates Task 1,2 Site visit The PlaceWorks team wilt too r the Centennial Park site a nd proposed park sites accompanied by a City staff representative. This will provide an opportunity to ensure proposed design elements are understood prior to analyzing the park. sites. City staff will provide informatlon on the development of the proposed park sites, including conceptual designs, environmental documents, planning documents, and public participation. The site visit will Ideally be scheduled Immediately following the kick-off meeting. Assumptions; - City will provide a tour of proposed park sites. City will provide project background Information. Task 1.3 Preliminary Consultation with National Park Service PlaceWorks will have a preliminary conversation with the National Park Service (NPS) to discuss the project and con'hrm assessment needs for their review. Should additional analysis or documentation be needed beyond what has been scoped, PlaceWorks will discuss these changes with City staff. Assumptions: - City staff will provide NPS contact Information. peilveroble(s); - Summary Discussion Notes Task 1.4 Ongoing Meetings and Project Management PlaceWorks will provide ongoing project managementto ensure an efficient process that meets all schedule requirements. PlaceWorks will conduct periodic meetings or conference calls with City staff to discuss project status and key deliverables. This will include up to two l n -person meetings with Cltystaff to review deliverabies, as well as bi-weekly conference calls to provide updates on project status. Deliverob)e(s); — 2 Meeting Agendas and Summaries, and Phone Call Action Item Emalls 40 CITY OF SANTA ANA RFP NO. 17-042 ( RECREATIONAL VALUE ASSESSMENT 25F-32 A'Itetc:hrnrer�i J -`a: Thrtelin�/Sc:h�dule:, TASK 2. PARK AND PROGRAM ANALYSIS Task 2.1 Site Analysis and Mapping PlaceWorks will review existing base maps for the proposed park sites and Centennial Park to evaluate site opportunities and constraints. issues such as ._...W.._...____.u... -safety ucllieS':°ptSPnts-o'f-cgp:nectroir"drama`6e"p'attEi715"d11Z1`iil`fY'a5'ti`tTctUre-cvili be -evaluated. The site analysis will also look at circulation patterns, adjacent properties, existing vegetation, and views to and from the site. PlaceWorks will utilize demographic, socioeconomic, and spatial analysis tools to determine If the proposed park sites offer an equal orgreater level of recreational value based on population needs. The analysis for each of the proposed park sites and the Centennial Park site will include the number of residents within a quarter mile and a half mile of each site (analyzed using a walkable network); the number of park acres per 1,000 residents in each sites service area; and an analysis of the population in each site's service area, which may include and is not limited to race/ethnicity, age, income/poverty levels, access to a vehicle, and education level. This information will be summarized In a memo and up to three maps per park site. Assumptions: _. Clty staff will provide any available GIS(CAo data and/or physical property maps. City staff will print any necessary hard copies of the memorandum and maps, City Staff will provide one set of consolidated, nonconFlicting comments. Deliveroble(s): — Site Analysis Memorandum In PDF format Task 2.2 Program Analysis PlaceWorks will utilize the City of Santa Ana General Plan, the Youth & Family Master Plan Assessment Phase I, and current outreach findings to assess the recreational needs in the surrounding communities, The team will gather and review the most current population data from the US Census, SCAG, City Planning Department, and State Finance Department to identify changing demographic trends that will Impact local park and recreation planning. Additionally, the team will research recreation patterns and trend information through resources such as American Demographics, Institute of the Future, California Park & Recreation Society(CPRS), National Recreation and Park Association (NRPA), Z015 California Department of Park and Recreation Statewide Comprehensive Outdoor Recreation Plan (SCORP), the CPRS Action Plan, Outdoor Industry Association Surveys, California Arts. Council and others to Identify changing recreation patterns that are pertinent to program needs for the park site. The gathered information will beused to analyze the conceptual plans for the proposed parte sites and the potential park programming at. the Centennial Park site, Assumpdor s: -- City staff will print any necessary hard copies of the memo, City staff will provide one set of consolidated, nonconflicting comments. Reliverable(s) - Program Analysis Memorandum in PDF forrnat PROPOSAL FOR SERVICES I PLA02WORKS 41 25F-33 Attrarhrrren 13,9: Timeline/Schedulo TASK 3. REPORT DEVELOPMENT Tasl(3.1 Draft Report PlaceWarks will prepare a draft Recreational Value Assessment Report incorporating the research, site analysis, and program findings. The report will "t3Y:t1iCY'ati'Gtt'dl"Vdl:q�:..fart __111 ®�......._.____...": Centennial Park site and the three proposed replacement properties. Assumptions: — Clty staff will print any necessary hard copies of the Draft Report. City staff will provide ones et of consolidated; noncondIcting comments. Defiverobfe(s), — Draft Report in PDF format Task 3.2 final Report Rased on City staff comments,. PlaceWorlcswill croatethe final Recreational Value Assessment Report. PlaceWorks will deliverfive paper copies and one electronic copy of the reportto the City Project Manager, The final report, along with other requirements, will be submitted to the National Pad(Service by the City. Assumptions: — The final report will be submitted to the NPS by the City. The City has/ will contractwith others to fulfill the other requirements forthe land exchange request (appraisals, environmental assessments, and title histories). oellveroble(s): -- 5 hard copies and 1 electronic copy of the Final Report ASSUMPTIONS PlaceWorks assumes that the City of Santa Ana has completed all required environmental work on the proposed sites, Including CEC)A and NEPA. PlaceWorks assumes that these reports are available to the selected consultantfor use during the preparation of the Recreational Value Assessment. If this assumption Is not correct, we are happy to modify this scope of work to include these services. PlaceWorks also assumes that the City of Santa Ana has completed any needed economic analyses, including site appraisals, and that thisinformation will be available to the selected consultant for use during the preparation of the Recreational Value Assessment: If this assumption is notcorrect, PlaceWorks can modify th Is scope of work to include these services, A2 CRY Of SANTA ANA RPP NO. 17.067 1 RECREATIONAL VALUE ASSESSMENT 25F-34 AEPachmeni 3-9: 1"irnsaline/Schedule SCHEDULE Place Works' proposed schedule for completion of the Recreational Value Assessment Is shown below. We anticipate that the project can be completed in three months. We believe this schedule Is In keeping with your needs, butwe are __hapay ------- Santa Santa Ana Recreational Value Assessment MOjNTHI MONTH2 _ MOjNTH3 01 02 j t73 04 01 02 03 10401 I�tl2 03 04 1.0 PROJECT INITIATION AND DATA COLLECTION 1.1 Kick-off Meeting ¢ 1.2 Site Visit __ 1.3 ..._... ............... ..... ........--------_ . Consultation with NPS ...... ..........._._...... 14 _......... . ..,. ., :. .............. Ongoing Meetings and Project Management 2.0 PARK AND PROGRAM ANALYSIS 2A S(ta Analysis and Mapping .......- ....__ 2.2 Program Analysts 3.0 REPORT DEVELOPMENT 3.1 Draft Report ',... 3.2 Final Report Meeting 0 DeNeroble 0 Draft Product 0 Hnol Product PROPOSAL MR SERVICES I PLACEWORKS 43 25F-35 FEE SCHEDULE (OR) RATES AND CHARGES Page 10 of 10 25F-36 Exhibit - Consultant Agreement with PlaceWorks, Inc. "PEI NDIX ATTACHMENT 3-10. FEE CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17.062 -Proposal shall include a detailed fee schedule page as a eoverror yotu response to this seetion. _ __. _. City of Santa Ana_ RFP 17-0&2 PROPOSAL FOR SERVICES I PI,ACEWORKS 45 25F-37 Attachment 3-10: Fee As shown in the detailed budget on the following page, the estimated cost to complete the scope of work described In this proposal is $45,945. PlaceWorks recommends planning for a 5 to 10 percent contingency fund to cover any unforeseen out -of -scope work that might be necessary for the project. The -bi411ng iete�or each team -member is inclur�ed in this -budget. --- ---- PlaceWorks bills for its work on a time -and -materials basis with monthly Invoices. 46 CITY OF SANTA ANA RFP NO, M062 1 RECREATIONAL. VALUE .ASSESSMENT 25F-38 L*i A 25F-39 Att;achrmi ftt 3-IOi Fee PROPOSAL FOR SERVICES I PLACEWORKS 47 Aa -,ochment 3-10: Fee This page intentionally left blank. 48 CITY OF SANTA ANA RPP NO, 17.062 1 RECREATIONAL VALUE ASSESSMENT 25F-40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AGREEMENTS WITH SLS PROPERTY SOLUTIONS, INC., AND FORNESS CONSTRUCTION, INC., FOR ON-CALL BOARD -UP SERVICES (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) � o CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 n Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with SLS Property Solutions, Inc., and Forness Construction, Inc., to provide on-call board -up services for a three- year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two- year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000 for each firm, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In managing the properties acquired by the City for completion of widening and improvement projects, the City may need to board up and secure existing buildings and structures to deter vandalism and to protect the community from the potential occurrence of illegal activities in the buildings. The City has received funding for right-of-way activities for the Warner Avenue Street Improvements and Bristol Improvements at Memory Lane projects. On-call board -up services will be utilized for these projects, as well as for current and new Capital Improvement Program projects. An on-call agreement is most appropriate, considering the unknown timing and exact scope of services needed. On June 13, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified firms to provide on-call board -up services. The RFPs were also posted on the City website. A total of 2 proposals were received and evaluated by a review committee from the Public Works Agency. Each proposal was rated according to its qualifications, experience, capacity to perform the required work, and pricing data. The following list is a summary of the firms and their respective scores: NAME OF FIRM RANKING SLS Property Solutions, Inc. 93 Forness Construction, Inc. 85 25G-1 Agreement for On -Call Board -Up Services August 15, 2017 Page 2 Based on the ratings and prior experience with the City, staff recommends that these two firms be retained for on-call board -up services (Exhibits 1 and 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 There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2017-18 approved CIP budgets, and will be budgeted in future CIPs. VdMousa—vipour Executive Director Public Works Agency FM/MM/WG/KN/ML APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement for On-call Board -up Services — SLS Property Solutions, Inc. 2. Agreement for On-call Board -up Services — Forness Construction, Inc. 25G-2 AGREEMENT TO PROVIDE ON-CALL PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between SLS Property Solutions, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-066, by which it sought contractors to provide on-call property board -up services in connection with various street improvement projects. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-066 and attached as Exhibit A to this Agreement. 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: I. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. . 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended shall not exceed $200,000 during the term of the Agreement, including any extension periods exercised under Section 3. 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. Page I of 8 EXHIBIT I 25G-3 3. TERM This Agreement shall connnence on the date first written above and continue for three 3 ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any 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. Cr. 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 frmn 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 Page 2 of 8 25G-4 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, 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 filly 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 forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its tirne and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives fi-om 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 Page 3 of 8 25G-5 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor farther agrees to indermiify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability; including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives frorn 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 Infoamation" 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 Page 4 of 8 25G-6 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is 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 Contractors retained by City. Page S of 8 25G-7 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 Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 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. 19, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind 'their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 6 of 8 25G-8 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Sara L. Strader President SLS Property Solutions, Inc. 919 East Santa Ana Blvd Santa Ana, CA 92701 Phone: 714-496-8699 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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. Page 7 of 8 25G-9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D, Huizar Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney nn By: !W f _ John F LL k Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim. City Manager CONTRACTOR: Sarah L. Strader President Tax ID# 25G-10 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25G-11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL PROPERTY BOARD -UP SERVICES RFP NO. 17-066 Introduction and Backeround: The City of Santa Ana is issuing this Request for Proposals (AFP) to seek qualified contractors to provide property board -up and securing properties for the City of Santa Ana on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). Certain capital improvement projects require right of way acquisition to widen the street. Immediately after City takes possession of the vacant buildings, board -up is needed to secure the properties. The total board -up services needed for this On-call contract(s) is valued at approximately $400,000. The total amount to be expended shall be shared among all contractors providing these services. Description of work: • Board -ups shall be in accordance with the USFA National Prevention Initiative Boatel -Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively, Sample Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locationsfor fee proposals are: 0 2246 Orange Ave (n/w coiner of Warner/Orange) 0 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. City of Santa Ana RFP 17-066 Page Al -1 25G-12 Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRFSPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber 3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. City ofSanta Ana RFP 17-066 Page Al -2 25G-13 BARRIER ASSEMBLY I. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes (trilled through all of the components. 4. Door Assembly — Door braces will be placed horizontally, one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. S. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the 'interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7. Garage Door -- the opening shall be covered with plywood and secured with a minimum of 3 - inch -long deck or wood screws installed on 6 -inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. Clty of Santa Ana RFP 17-066 Page Al -3 25G-14 WINDOW BOARDING SPECIFICATION WINDOW - OUTSIDE VIEW NOTES: ill" CDR PLYWOOD CUT TO TO COVER WINDOW OPENING I SECURE TO STRUCTURE WITH GALVANIZED NAILS \ 9� r 2X4BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM i 2 X4 BRACE CUT TO SIZE OF PLYWOOD J� Y M'CARRIAGE BOLT - 12'LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORIED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5, BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGIIT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/31) (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECD NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-15 9 k k 4 � E tln m n. w en mn ca rz x� t,v vs a' m k k k i 1 4 k 4 6 1 tl 1 s 1 i B 6 i 8 5 k k 6 k i m - - m - m m ® e. - co m � k S 1� ! i WINDOW - OUTSIDE VIEW NOTES: ill" CDR PLYWOOD CUT TO TO COVER WINDOW OPENING I SECURE TO STRUCTURE WITH GALVANIZED NAILS \ 9� r 2X4BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM i 2 X4 BRACE CUT TO SIZE OF PLYWOOD J� Y M'CARRIAGE BOLT - 12'LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORIED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5, BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGIIT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/31) (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECD NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-15 1 - DOOR BOARDING SPECIFICATIONS ... ......` t.i'C'.bX An'Wn CJON 11ANDM1bN,0IWG OR nul"VIE 6F DOOR rkSUFE DOOR • OUTSIDE VIEW NOTES: Ix FurTO $W IT S V4Yv"OOY'KMO f � 1 CUT TO CVVEN fX R PRAFFE CHU "MMG .»4w_-,.—.,----. --- a i P d P @ f q P 1 i k t 6 P 8 1 @ P a i t W e @ B P 4 i g P 5 i {dpi g i t 6 e e 9 xn*n n e�ws.tr+rK+�.� 3M' CARRiACF Vol T I ` P WITH �tu'WASIFER DOOR -INSIDE VIEW RCN.gVH N8CES; WMIUAtE I CANRIACE OUL VIUH +(X WASH¢ 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2, USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAYBE NECESSARY. 1 TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE, 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5, BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING, TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON DRAWING) 7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page At -5 25G-16 J -B" USS STANDARD Ft r WAIHLR t r' C,nNSTROGYIbn GRADE NUI COURSE DIRCAD NOTES: BRACE AND CARRIAGE HOLT SPECIFICATION COURSE IINICAD ROUNOF.D HEAD EANOARD ASH[R ROVND[DfIEAD Uc's�q' CARRIAGE SIDE ON WCAIDER SIDE Or OPENING AGE AND DRIEEED CA rJON 1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGIPl'L'Y COMPRESS WASHER INTO 2X4 BRACE. 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City of Santa Ana RFP 17-066 Page Al -6 25G-17 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW I - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4- CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR 1- I/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD 3 CUT TO WIDTH OF INSIDE PLYWOOD I - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6- CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (Na): NUMBER OF DOOR BRACES REQUIRED: (NI) X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (NI) X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY I - 3/8" X 12' (OR LONGER :IF NECESSARY) CARRIAGE BOLT - COURSE THREAD I - 1/2" USS S'T'ANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) I - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD (Bw+ED) TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: City oI Santa Ana RFP 17 Page Al -7 25G-18 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable EXHIBIT I 25G-19 Schedule of Hourly Rates SLS Property Solutions, Inc. 7'Me, Hourly Gate Overtime Double Time Rate Rate Project Man=ager $222.137 $334.30 $445.74 General Labor $1'10.44 $144.99 $179.65 Office Staff -- Secretary $£32.1'1 N/A N/A 919 PAST rANIA ,INA IPt)!J/.li 1!st RI), SAA�7A ANA (A 92101 fill III b..5'L.SPI{Of'IitfT ).SY1L UT10N)". ('044 25G-20 EXHIBIT C CERTIFICATIONS C-1 tluough C-3 EXI3IBIT 1 25G-21 Appendix ATTA HIVIEN'''I' ;--(: NON..fOLLllSC.i7P411eE+'t<IDAVIT CLeRTIFICATIONTS CONSTRUCTABILITY REVIEW NON-CC)I.L.U5,1,0\ AFI=If_) BVI"I' (Title 23 United Slates Code Section 1 12 and pul)Iic Contract Code flection 71(16} to the CITY OF SANTA ANA DEPART1v9ENT OFPUBL IC WORKS ht accordance with Title 23 United States Code Section 112 and Public. Contract Code 7106 the BIDDER declares that the bid is not nhado in the it of, or on belabor, any unhdisolosod person, pill luershiIt, company, association, organization, or corporation; that Ile bid is gemrine and unt collusive or shall; that the BIDDER has not directly or indirectly Induced or solicited any other BIDDER to pul in it lidsc or sham bid, all([ has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put ill it sham bid, or that anyone shall rel ain from bidding;; that the BIDDER. has not in un)' ahanner, directly or indirectly, sought by agreement, conmaanicatiot, or conference with anyone to fix the bid price or the BIDDER nr any BIDDER, or to rix any overhead, profit, or cost element of the bid price, or o1'that of any other BIDDER, or In sceure any advantage against the public body awarding the contract of anyone interested in the proposed coonact; that all statements contained in the bid are lruu; 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 Infornnatlon odata relative thereto, or paid, and will not pay, any fee to any corporation, Partnership, aTrnlmny association, of ginization, bid depository, ar to any member or agent thereof to o neotuate a collusive or sham bid. llote: The above Noncollusion AI"fidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall dsfj coljl�ute sigttahue of this Non -collusion t\fGdav{t BIDDERS are cautioned that makin `r I dva r;erhllcJRt, nal n prosecution. Sinned .,�1,y1 �l..z--1 r-1 i�•--f—*�It'_Gv�.._�'�.!____.... ._._� _.-- --- Stage of Califttir'nia County `subvrrihed and sworn to (or arflhmaed) hefore me on Ills _ ( _ day of .Ju.fy_ ?tl/Z-, by �._�_ t'als-_. _, proved to me on file basis of satisfactory evidence for be the, person who appeared befwe ma. 'atf4 r :.' p .2 ' Public Seal Nolyr}� P�b rc Signature Notary } �A2.AA.A.A/AAh4.2..AAnb.AA.AA.A1AC"Imyit MAh s oh It J. TOIIOIaYYK NOTAI4Y1'Unf IO-CAI.n°OrNIA CCUMISSION N 2007471 I;Sit"r,.J' ORANGE: COUNTY 7y.. My Comm, Exp. Jnnunry 17, 2019 -ov—✓wcww.r^vwvmuavvav�-raov+Yvv� city of Santa Ana gi=ro Pale A3-1 25G-22 flppettciix A'I"I"A.C:Y�iV�tst�'1 -I; I�lQ7N••L,DI�IiS'TiV4� �'is;i?.Ttti'fCat'i"��['I CXRT(FICA'LT10JN CON STRUC" PABILFPY REVIE V The prospective, Wuticipaol cci4i f ics, by sigui ng and subs n{I I ins this biii or proposed, to the best of Itis or hcs laxnSdge mid belief, that: I. No federal appropriated Rats have been paid err will be paid, by or on behallbfthc undersigned, to ally person for influenciIM or attempting la influence an alliceror employee orally feclet I agency, a h4ember orCougress, an officer nr employes orCangress, or an englnyee of a NkWwr of Congress in connection with tile, m Whig ortnty federal ronh'nct, Te oiakbng of ally nxinral grant, the making of any fedeml loan, the entering into ofany cooperative a„greennent, and the extension, continuation, renewal, aiuenehnent, or modification oramy federal contract, gnat, loan, or coaperativc agreement. 2. Irany Funds other than fedeml appropriated funds have been paid or will be paid to any person bar hnfluencing or attempting to influence any oil Nor or employee ofany federal agency, a Meriberof Cangm,anofficeroremployceorCongress,oranemployeeoraMemberofCongressin culn echo" wilb this fecle`ad caniml, grant loan, loan or cooperative agreement, the undersigned shall mmvicte and submit a "Disclosure of Lobbying Activifies". This certification is a material representation of' Met upon which reliance was placed when this transaction was made or entered. into. Submission orthis certification is a prerequisite for making or entering into this transaction imposed by Sectioln 13552, Title 3I, It. S. Code. Any person who bills to file (he required certification shall be sulrjcc( to a civil pmr<lty ornot less than $ I OM00 and not more Own 5;100100 For each such litilum The prospective participant also agrees by submitting his or hot, bid or proposal that lie or she shall require that the language orchis cerlitieation be included in all lower tier subcoi n icls, which exceed S1004100 and Ihnt all such sub mcipieurs shall Coldly and disclose accordingly. Pit m 1 .� Siviled and printed \111111o:f 76— talcI _l--T"-�.)�L/nf-�Y.LL.::.,J...._..._.. Date ...�..... C..s( t_p City of Santa Ana RFP Page A3-2 25G-23 Appeurlix A i P ayC f�R9 l i '—? C 1Cfl�' i�l�(C2IlViiis(A'9'Id7[ o f 61 k2'I I FICA'1` wN C6'R1IhfCA'Y1ONS COMSt TRUCTAB L TY REWIEW The undersigned consultant of* corpointe o('ficer, doriig fife lwounanec or this contract, certifies as lbl lows: I. Che Consultant shall not disaintinnte against tiny entl,floyee or applicant f'or employmct because of mice, color, religion, sex, or national origin. 'fha COlaSUllant shall take affBmutivc Winn to ensure Owl applicants are employed, find that employees are treated during employment without, regard to Owl race, color, ro jon, sex, or rational origin. Such action Minh include, but not be limited to, Ilse fallowing: employment, upgradin, dennotion, or tratsl'er; recruitment of recruitment advertising,; layoff or termination; rates or pay or outer forms err coutpensatiar; and selection for training, including apprenticeship. The Consuhant agrees to post in conspicuous places, available to e anployces and applicants for employment, notices to be provided setting forth the provisions orthis nondiscrimination chuise. 2. The Consultant shall, it all solicitations or advertisements for employees placed by or on bobalror the Consultant, state that all qualified fippdicanis will reccive consideration for employment without regard to race, color, religion, sex, cr rational WWI). 3. the Corsulinnt shall send to each labor union or repaesentafte of workers with which he/she has a collective bargaining ngreementor other contract or undeistauding„ a notice to be provided advising the said labor tntion or workers` representatives of the Corsuluau's commiuncits under this section, and shall post copies or the notice in conspicuous places available to employees and applicants for employment. 4, l'he Consultant shall comply with all provisions aur Executive Order 112,16 of Septeudter 24, 1965, and or the rules, regulations, and relevant orders orthe Secretary oi''Labor. 5. The Consultant AN Furnish all inr oration and reports required by E'xeculve Order 112,1-6 of September 24, 1965, and by rules, regulations, and omen or the Secretary of Labor, or pursuant therein, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor IS proposes or investigation, to uncertain compliance with such rules., regulations, and Orders. 6. In the neem or the Consuhan 's non-compliance with the nondiscrimination clauses of this con Fact or with any of the said rules, regulations, or orders, the contract may be caneeledt terminated, or suspended in whole or in part and the Consultant ntay= be declared ineligible for further Government oonfracis or lederally assisted construction contracts in accordance with procedures authorized in Execution Order 11216 of September 24, 1965, and such other sanctions may be imposed anis remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, oras otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) laid the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RPP Pale AM 25G-24 by rides, regulations, 41' orders orire See rottuyor I.abor issued pursuant to Suction 204 of Executive Order 112,16 of September 24, 1965, so that such provisions will he binding, upoia etch subcontract or purchase order as ilio administering agency may direct as means of enforo4o; such provisions, including sanctions lbi noncompliance; provided, however, that in (lie ovent Lho Consultant becomes involved in, or ix thremullad wilh, litigation with asub-consultant or vaudor a:; a result of such direction by the administering ltgmlcy, the Consultant may request that the United Stales enter into such litigation to protect the inkrests of the United States. 8. Pursuant to California Labor Code- Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discriminadimi 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 tory consultant of public works violating this Section is subject wall the penalties imposed fora violation of the C:htthter. tiignC[I: Piro: 01te: Cfly of Santa Ana UP Page A3.4 25G-25 25G-26 AGREEMENT TO PROVIDE ON-CALL PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Forness Construction, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-066, by which it sought contractors to provide on-call property board -up services in connection with various street improvement projects. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-066 and attached as Exhibit A to this Agreement. 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minirmun or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services perforned under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended shall not exceed $200,000 during the teen of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be mads 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. Page t of 8 EXHIBIT 2 25G-27 3. TERM This Agreement shall commence on the date first written above and continue for three3 ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-ermployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. 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 Page 2 of & 25G-28 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. elfinsurance. 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. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination, Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (])for personal injury, damages, just compensation, restitution, judicial or equitable relief arising or[t of claims for personal injury, including death, and claims for property damage, which may arise from the Page 3 of 8 25G-29 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor fiirther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records aid 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 perforniance 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 Page 4 of 8 25G-30 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any maturer with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference, 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference, 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 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 assigmnent, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 5 of 8 25G-31 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 Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 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. PROFESSIONAI. LICENSES Contractor shall, throughout the teen of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals; waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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. Page 6 of 8 25G-32 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-651.5 To Contractor: Ken Forness President Fomess Construction, Inc. 1141 Rosemary Chicle Corona, CA 92879 Phone: 877-344-1157 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, conmiunication 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. Pate 7 of 8 25G-33 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.. , n Jahn �`nnk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR. Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager r� 'k7:Tilri[i0A Ken Forness President Tax ID# 81-3931395 25G-34 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25G-35 Appendix ATTACHMENT 1 SCOPE OF WORK{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL PROPERTY BOARD -UP SERVICES RFP NO. 17-066 Introduction and Baekeround: The City of Santa Ana is issuing this Request for Proposals (RPP) to seek qualified contractors to provide property board -up and securing properties for the City of Santa Ana on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). Certain capital improvement projects require right of way acquisition to widen the street. Immediately after City takes possession of the vacant buildings, board -up is needed to secure the properties. The total board -up services needed for this On-call contract(s) is valued at approximately $400,000. The total amount to be expended shall be shared among all contractors providing these services. Description of work: • Board -tips shall be in accordance with the USFA National Prevention Initiative Board -Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively. Sample Fee Proeosal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locations for fee proposals are: a 2246 Orange Ave (n/w corner of Warner/Orange) 0 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. City of Santa Ana RFP 17-066 Page Al -1 25G-36 Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing, 5. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber 3. 3/8" (coarse thread) by 1.2" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. City of Santa Ana RFP 17-066 Page Al -2 25G-37 BARRIER ASSEMBLY 1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all Litt or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door, 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of ttre brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 4. Door Assembly -- Door braces will be placed horizontally, one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation; the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from (he inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be out to width of door trim and drilled to the floor to prevent opening. 7, Garage Door --- the opening shall be covered with plywood and secured with a rainirnum of 3 - inch -long deck or wood screws installed on 6 -inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by ease scenario. Any changes or recommendations shall be discussed during the walk-through of ttre property prior to a proposal, quote and or notice to proceed. City of Santa Ana RFP 17-666 Page Al -3 25G-38 WINDOW BOARDING SPECIFICATION WINDOW - OUTSIDE VIEW NOTES: 1:2"CDXPLYWOOD CUT TO TO COVER VVINDOW OPENING SECURE TO STRUCTURE WITH 1-518" ISO) GALVANIZED NAILS \ 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X4 GRACE. CUT TO SIZE OF PLYWOOD 3S' CARRIAGE BOLT 12" LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE, 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4, TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. S. BRACE LOCATIONS: A = 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1l3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY G' MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-39 � 1 d n ! 8 # p 6 9 a B a 4 0 i 9 k t 0 B ! 9 8 F a T e i a 1 z i a t s „ . . .x .. .. .. . ... n . ., N, � a w a .f. —_—r....,.«_.pi WINDOW - OUTSIDE VIEW NOTES: 1:2"CDXPLYWOOD CUT TO TO COVER VVINDOW OPENING SECURE TO STRUCTURE WITH 1-518" ISO) GALVANIZED NAILS \ 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X4 GRACE. CUT TO SIZE OF PLYWOOD 3S' CARRIAGE BOLT 12" LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE, 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4, TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. S. BRACE LOCATIONS: A = 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1l3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY G' MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-39 DOOR BOARDING SPECIFICATIONS yr OU'x nl wrl'of IM T'l FlT AVWNS; p fall W NR All11INGOR "UTSIOE OF 110P FAWE DOOR - OUTSIDE VIEW NOTES: X 3 XRAI k$ CVt 10 SN£Gf YaWrn:N 11 i 4S`GOK PLVPlf'ri A) -'- GUT TO G06CR IW4R [RAMC ANO A9AWNG Y, V CAYRiAOE not I ` t ..--WIN W-WA3NPR DOOR -INSIDE VIEW NLJ.b'F BRIM AS NP)ErytRY TO '11111NAff PRY POINTS 1r Low, YA- C AAIA4Eba V61H 1WVIAnIf nN KITH Sloe 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X I2" CARRIAGE BOLTS -ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR. WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7, USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM, DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WIZEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page Al -5 25G-40 y«w m.. n««....m nr--r....x........--q n n E p d i e P B 8 e n E v a i E d & E 9 n n { E i & I j B @ i n P lr t E n IT 1 C n o-rnevice.c�.v.a � Y, V CAYRiAOE not I ` t ..--WIN W-WA3NPR DOOR -INSIDE VIEW NLJ.b'F BRIM AS NP)ErytRY TO '11111NAff PRY POINTS 1r Low, YA- C AAIA4Eba V61H 1WVIAnIf nN KITH Sloe 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X I2" CARRIAGE BOLTS -ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR. WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7, USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM, DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WIZEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page Al -5 25G-40 JdA USSSTANDARU FIAT WASHER GRADE NUT COURSE THREAD m NOTES: BRACE AND CARRIAGE BOLT SPECIFICATION 112' CIA I'l YWOOD kOUNDEU HCVD 112' I*5 STANDARD FtAT VIA311CR CARRbIGE 300 ON VICATHERSIDL OF OULNIN, §,W MILE IN GRACE AND 4VWOOD PRF DRILLED DURING I',UIRICAI ION I. USE 2" BY 4" BY 81 (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2, USE 3/8" X 12" CARRIAGE BOLTS -ROUNDED I -MAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE, 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City of Santa Ana RFP 17-066 Page Al -6 25G-41 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW I - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4 - CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR I - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) I - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR "TRIM DRILLED TO FLOOR (INSIDE) 6- CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (NI) X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (Big): (Nr) X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY I - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD I - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) I - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD (Bw + BD) TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: City of Santa Ana RFP 17-066 Page Al -7 25G-42 EXHIBTi' B COMPENSATION Fee Proposal including hourly rates if applicable EXHIBIT 2 25G-43 Quality Value and Dependability Since 1988 Carpenter j $77.00 $115.50 $154.00 Office Manager $21.66 I $32.49 $43.32 Project Manager $66.00 $99.00 $132.00 Note: minimum hours may apply when providing services. 25G-44 EXHIBIT C CERTIFICATIONS C-1 through C-3 EXHIBIT 2 25G-45 Appendix — ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CEWfII+ICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf ol; tory undisclosed person, partnership, company, association, organization, or corporation; That the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER. or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or orthat 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 thereofto effectuate acollusive orsham bicL Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion CherO a also o signature of thus Non -collusion Affidavit. BIDDERS are cautioned that making a f (se certilicatiornay sub Oct the certifier to criminal prosecution. Silmed State of -Cc County of Subscribed and sworn to ` (ar affirmed) Before e on iht ----__. clay of _ 20, by proved to the on the basis of satisfactory evidence to lic'tlte`persnn(s) who appeared before me. Notary Public Signature Notary Public Seat City of Santa Ana RFP Page A3-1 25G-46 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 off ✓etsr t, Subscribed and sworn to (or affirmed) before me on this A`al�day of T, -KIR 20'? by tie. vd % SS _-._.r proved to me on the basis of satisfactory evidence to be the personw'who appeared before me. JOSEPH L. MCNEILL .COMM. # 2195057 ^ NOTARY PUSLIO- CALIFORNIAr RIVERSIDE COUNTY My Comm. Expiros May 27.2621 - . atui e _ (Seat) DESCRIPT ION gpOF THE A17ACHED)De)mOCUMENT {.Pi-011d.C.�:7/,.i r�'`W-if{e.¢TAIAI), � )._ Mtio or doseription or attached document) (Tole erde 'plica of attached document continued) 06-a Numberof Pages L-pDocument Dee r(,7( -7 Additional Information INSTRUCTIONS rhe wording uta l Juufs completed to Calitdmia offerdanuary 1, 2016 most be te the fort as of Ito wditn this Jumt Thera are no excepdons ff a Jurat to be completed does not Wow this form, the naferymust owned fire verbiage bybslrg a jurat stamp containing the coned wonMg or offachtng a separatehrrf term such as this one with does conmin the proper wom7ng. In addition, the rotary mud again an oath of affirmation done the demerit signor rcgam7ng the W@fuhmss of the contents of the dbcumanG The document must ire signed AFTER the oath btalffirmilfon. Ifthe documant was pievioudy signed, kmustbo m-signedm runt atthe noterypubec dining fhe(uratpmross. • State and county information' must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the slgner(s) personally appeared which must also be the same data the jurat process Is completed. o print the names) of the document signer(s) who personally appear at the time of notarization. e Signature of the notary public must match the signature on file with the office of the county dark. o The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re -seal if a sufficient area permits. otherwise complete a differentfurat form. 4 Additional information Is not required but could help to ensure this Jurat Is not misused or attached to a differant document. rr Indicate title or type of attached document number of pages and date. • Securely attach this document to the signed document with a atspie. 1111 2015 Version www.NotaryClasaes.com 600-873.9865 ifil 25G-47 Appendix ATTACHMENT 3-2c NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriate([ 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 fedora] agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modiflcation of any federal contract, grant, loan, or cooperative agreement. 2. [f any'funds othor than federal appropriated' funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in convection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of tact 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 far each such failure. The prospective participant also agmcs by submitting Itis or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Signe Title._&0 __ —_. -- - - __--- Date City of Santa Ana RFP Paye A3-2 25G-48 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCT'ABILIT'Y REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The ConSUltant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required. by CXCOUtive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary orLabor, or as otherwise provided bylaw. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25G-49 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a. result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 consultant of public works violating this Section is subjpat-tAptl tine penalties imposed for a violation of the Chapter. Signed: l Title: Firni:cca��if_1Qf1 Date: b City of Santa Ana RFP Page A3-4 25G-50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVED AN AGREEMENT WITH DIGITAL NETWORKS GROUP, INC. FOR THE PURCHASE AND INSTALLATION OF AUDIOIVIDEO EQUIPMENT AT THE ROOSEVELT -WALKER COMMUNITY CENTER (STRATEGIC PLAN NO. 2,3D) CITYMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Digital Networks Group, Inc. to provide and install audio/visual equipment in an amount not to exceed $96,396, which includes a 10% contingency, for a term from August 16, 2017 through June 30, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 20, 2011 the City Council adopted a resolution authorizing staff to apply for a Proposition 84 "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act" grant. The City was awarded the grant in the amount of $5 million to develop park improvements at Roosevelt Elementary School. Part of the funding is to construct a new community center. Fully -equipped, the center will provide services to students and residents with access to professionally equipped computer labs where patrons will learn about video production, editing, broadcast. In addition, the center will assist in the production of essential content for Santa Ana's Government TV station CTV-3. On May 25, 2017, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for the purchase and installation of audio/visual equipment for the Roosevelt/Walker Community Center. An evaluation committee consisting of one representative from PRCSA-Administrative Services, two from PRCSA-Library, one from PRCSA-Recreation and one from Information Technology, reviewed and rated the proposals. The proposals were evaluated according to the criteria listed 25H-1 Agreement with Digital Equipment August 15, 2017 Page 2 Networks Group, Inc. for the Purchase and Installation of Audio/Visual in the RFP, which included Background/Experience, Project Coordination/Implementation, Timeline of Project and Project Pricing. The results of the RFP evaluation were as follows Vendors Score (500 Max) Digital Networks Group, Inc. 441 EIDIM Group 412 JEC Integration 363 Golden Star Technology, Inc. 360 Time & Alarm Systems 351 Inter -Pacific, Inc. 320 The City proposes to enter into an agreement with Digital Networks Group, Inc for the purchase and installation of audio/visual equipment at the Roosevelt/Walker Community Center. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #3 (Expand use of technology as a tool for communication and education in the community), Strategy D (Leverage the Roosevelt/Walker Prop 84 funding to ensure the new community center also serves as a Library with a focus on electronic media such as eBooks, Internet, and remote check-out services from the Main Library). FISCAL IMPACT Funds are available in the following account for the specified year: Accounting Unit CATV Capital Support (PEG) (no. 02113200-66400) i `/ Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement FY17/18 APPROVED AS TO FUNDS AND ACCOUNT: h Francisco Gutierrez J Executive Director Finance and Management Services Agency 25H-2 AGREEMENT FOR PURCHASE AND INSTALLATION OF AUDIO-VISUAL EQUIPMENT THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Digital Networks Group, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 25, 2017, the City issued Request for Proposal ("RFP") No. 17-061, by which it sought proposals from qualified firms for the purchase and installation of audio-visual equipment at the RooseveltiWalker Community Center. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete installation of the purchased audio-visual equipment described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit S and incorporated by reference to this Agreement. The total slur to be expended under this Agreement shall not exceed $96,396 during the term of this Agreement. This amount is comprised o£(1) the sum of $87,632 and (2) a 10% contingency of tip to $8,764 for services as may be performed by the Consultant at the sole discretion of the City. b. Payment by City shall be made within 45 days ('forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to tneet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 11 25H-3 3. TERM This Agreement shall commence on August 16, 2017 and terminate on June 30, 2018 unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, ct seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor perforans 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 mediurn 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 trader 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. Page 2 of 11 25H-4 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. Cormnercial 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 fiom 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 arnounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 ,per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, 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 fla nish 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 Page 3 of 11 25H-5 election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the tennis of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for inflingement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor tinder 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 Page 4 of 11 25H-6 work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightfi l possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any maimer with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, rmarital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of I 1 25H-7 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deetned a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19, PROCESSIONAL 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 Page 6 of 11 25H-8 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall because for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-4211 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 25H-9 Page 7 of 11 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Digital Networks Group, Inc. - President 20382 Hermana Cir. Lake Forest, CA 92630 Fax: 949-428-6334 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 now 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. --remainder of'page left intentionally blank; signature page to follow -- Pate 8 or 11 25H-10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:CZ p, h (c .►-t t Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager DIGITAL NETWORKS GROUP, INC.: By: Title: Tax ID# Page 9 of I I 25H-11 EXHIBIT A SCOPE OF SERVICES 25H-12 Exhibit A - Consultant Agreement with Digital Networks Group, Inc. Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO,: 17-061 Introduction and Background The City of Santa Ana is requesting proposals from a qualified firm, to install an audiovisual system in to Roosevelt/Walker Community Center. The Contractor shall provide, install, and program a functionally complete audiovisual system per Manufacturer's guidelines, codes, described, and these specifications. The new center will feature various activities for the community. Such as a computer lab, teen morn, c -library, and multipurpose room. The outdoors amenities are the following: a community garden, and tot lot, and a multi- use court for basketball & volleyball. One of the main goals of this new center is to provide recreational and learning experiences for the community. The children will be able to learn about technology, by learning programs that will enrich their education. The combination of technology and physical activity is will be well received. The adults will be also taking fitness classes that are within walking distance to their homes. Building specs: 10000 SQ FT building see Exhibit A and Exhibit B Computer Lab: 580 SQ, FT. Teen Room: 638 SQ. FT. Multipurpose Area: Is divided in three sections E -library — 715 SQ. FT. / Fitness area — 695 SQ. FT. / Fitness Area — 680 SQ. FT. Description of Work The company will be responsible to furnish and install a audiovisual management system for the Roosevelt/Walker Community center. The project is a new installation and will include all conduits and raceways provided by other. Flat Panels, Projector, Projection Screen, Cabling, cart and racks shall all be provided by the company that is selected. Computer Lab: a. 70" or 75" flat panel display b. Dual input Digital WALL Vault System with IPLyne control processor and HDMI / VGA wall plate with wall controller. System includes two ceiling speakers. c. Hardware / software wireless presentation system. Ipad will be provided by others. d. Bluctooth receiver. c. Apple TV f Three-year maintenance included in base pricing 2. Teen Room: a. Provide and install (1) 70" or'75"flat panel display. b. Dual input Digital wall Vault System with IPLync control processor and HDIvII / VGA wall plate with wall controller. System includes two ceiling speakers. City of Santa Ana RFP 17-060 Page 10 25H-13 c. Hardware / software wireless presentation system. Ipad will be provided by others. d. Bluetooth audio receiver e. Apple TV £ Three-year maintenance included in base pricing. 3. Multi-purpose Room (MPR) a. Provide and install (1) 165" wall mounted electric projection screen. b. Provide and install mid throw projector to display on screen. Projector shall include ceiling mount and support. c. Provide and install wall mounted TouchLink control panel with Lyric license for I -pad / wireless control. Ipad will be provided by others d, Wireless presentation system e. Provide and install QTY (2) wall input plates that support HDMI / VGA connections along with 12' input patch cables for each. f. Provide a rack enclosure system in the chair storage area with the following components: 1. IPLync control processor ii. System switeher with distribution output for mobile cart system iii. Apple TV iv. A wireless presentation hardware software solution or something similar for a wireless presentation v. Available input for DVD / Blue Ray devices. vi, Stereo ampli&or vii. Bluetooth Wireless audio receiver 4. Provide and install (1) 70" flat panel on cart along with wireless HDMI receiver from the above switching system for overflow display. Cart will support HDMI and VGA local inputs. a. Provide QTY (6) ceiling mounted pendant speakers for program audio. b. Provide and install QTY (1) wireless combo microphone system. c. Provide and install QTY (1) head worn wireless microphone system. 5. Three-year maintenance included in base pricing 6. Power to the projector and screen locations are to be provided by others. ***Project plan has been included in Attachment 4*** City of Santa Ana RFP 17-060 Page 11 25H-14 'MFM=- El Jcg e Ype 25H-15 FLCMF�LAN KeYWTVS FLOOR PLANSYM9qLF_,_,_ R Iq 0 2 APPENDIX --- AT I AGHM NT 3- 7. PI2OJ CT , 00, )IIVA.TI(j N/IMVL1kMk-NTWT1 N CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17-061 Objective: This task defines the coordination of the project, resources, equipment and information to ensure that city needs are met as the project evolves. 1. Project Coordinator who will run, administer and organize all project activities in cooperation with and udder the direction of the Project Manager, to ensure proper execution of the project. 2. Monitor and tract( project progress and handle any issues that arise 3. Handle at appropriate legal paperwork, permits, etc. 4. Work with the Network division, if nceded S. "Vendor will provide training in accordance with approved training plan provided. Include this page as a cover for your response to tills section. Page 25H-16 This discussion typifies the project management process Digital Networks Group employs for all major projects, This outline follows a Ton -Step process whereby in. the first two steps, Digital Networks Group Plans the Work. The subsequent eight steps describe how Digital Networks Group actually Works the Plan. Step 9: Define the Work Before the main work on a project begins, a number of items need to be in place. US • Client gives approval to begin planning, Implicit approval — i.e. Notification 0 of Intent to Award Provided i 2, CO • Project is defined. This is documented in the Project Definition, which contains objectives, scope, assumptions, deliverables, budget, etc. • Project Work plan is created. Prepare a work plan to manage the project UJ° effort. This includes checkpoints, or milestones, when the project can be evaluated to ensure that it is appropriate to continue. ' • Client gives approval to begin project. This is signified through a signed, approved Project Definition. The Client must sign the document to ensure a agreement. • Project Management Procedures are defined and approved, Procedures must be in place to describe how the project will manage issues, communication, risks, quality, scope, etc. • Project team resources are assigned, Assign the right people to staff and w o, < execute the project. Iri Step 2: Build the Work Plan ° a • Create Activity/ Task Numbers Tasks shall be sequentially numbered. 4 The activity will reflect optional dependency information, • Activity Define the activity of each task • Estimated Start Date: When should the work begin? 'o E • Estimated End Date: When should the work end? :a U • Estimated Effort: What is the estimated effort for each activity? a is • Actual Start Date: When did the activity actually begin? • Actual End Date: When did the work actually end? 'e'D'I'GITAL NETWORKS G R O U P, I N C lar a,.,, .n e.,rven �M1 ,nue vuon www.dig Odinofworksgroup.com 25H-17 • Actual Effort Hours (Optional): Update with the effort hours to complete if i they are being tracked, • Actual Cost (Optional): Update with actual costs if they are tracked. • Current Status: Usually 'Pending'/'OnHold'/ 'In Progress' /'Complete' • Dependency (Optional): Enter the activity number of the activity that must be completed before this one can start. Stop 3: Manage the Work Man • Review the work plan on a weekly basis. • Identify activities that have been completed during the previous week and update the work plan to show they are finished, • Determine whether there are any other activities that should be completed, but are not, if an activity is behind schedule, work with the Individuals who are assigned to see what Is going on. Determine how much additional effort and duration will be needed to complete the work and update the work plan accordingly. • Evaluate the remaining work to see if the project will be completed within the original effort, cost and duration. • Adjust the work plan so that it reflects how the remaining work will be completed. • If the original budget or deadline estimates cannot be met, new estimates need to be prepared and communicated to management and to the client. Step 4: Manage Issues Solicit potential Issues from any project stakeholders, including the project team, clients, replaces, etc. The Issue can be surfaced through verbal or written means, but it must be formally documented using an Issues Form. • Enter the Issue into the Issues Log. • Assign the issue to a project team member for investigation, • The various alternatives and impact on schedule and budget are documented on the Issues Form. Take the Issue, alternatives and project impact on the Issues Form to the Project Manager and other appropriate stakeholders for a resolution. 25H-18 DICaIaAL NETWORKS www.digifulnetworksgroup.com • If resolving the Issue will Involve changing the scope of the project, close the issue and use the scope change management procedures instead to manage the resolution. • Document the resolution or course of action on the Issues Form. • Document the issue resolution briefly on the Issues Log. • Make the appropriate adjustments to the work plan and project budget, if necessary. • If the resolution of an issue causes the budget, effort or duration of the project to change, the current Project Definition should be updated. • Communicate issue status and resolutions to project team members and other appropriate stakeholders through the Manage Communication process, including the Project Status Report, Step 5: Manage Scope • Solicit potential scope change requests from any project stakeholders, Including the project team, clients, replaces, etc. • Enter the request Into the Scope Change Log. Assign the scope change to a project team member for investigation. The team member will investigate the impact on budget and schedule for various viable options. The team member will first determine how much time it will take to investigate the scope change request. If the time required to perform the analysis will cause deliverable dates to slip, the request must first be taken to the Project Manager to determine whether the request should be investigated or not. If the Project Manager gives the initial approval to proceed, the work plan and budget may need to be updated to reflect this new work. The options are documented on the Scope Change Request Form. If the Project Manager does not agree to investigate the change request, then the request should be placed closed as 'not approved' on the Scope Change Log. (Optional). If the impact on project cost, effort and duration falls below a threshold (say less than 20 hours) and the project will still be completed within the agreed upon cost, effort and duration, the project manager and client manager may approve the scope change request. This threshold needs to be identified and approved in advance. The purpose Is to keep from surfacing many small changes to the Project Manager for approval. See the techniques section for other ways to handle small requests. • Take the scope change request, alternatives and project impact on the Scope Change Request Form to the Project Manager for a resolution. 25H-19 DIGITAL NETWORKS G k b ll 4 I N C 1. aq+.r .a rnry+. ucr u,x1 .un.. www.digitcilnetworksgroup.com I© • Document the resolution or course of action on the Scope Change Request Form. • Document the resolution briefly on the Scope Change Log. If the Project Manager does not agree to the change request, then the request should be closed as 'not approved' on the Scope Change Log. • If the resolution is agreed upon, the appropriate activities are added to the work plan to ensure the change is implemented. The project budget should also be updated, if necessary, if the resolution Is not approved, note it as closed on the Scope Change Log. • If an approved scope change results in a substantial change to the project, the original Project Definition should be updated. • Communicate scope change status and resolution to project team members and other appropriate stakeholders through the Manage Communication process, including the Project Status Report, Step 6: Manage Communication • Determine the project stakeholders. • Determine the communication needs for each stakeholder breaking this down to three general areas: Mandatory: This Information is pushed to recipients. • Project Status Reports • Regular voicemail updates (of status) • Status meetings • Meetings with steering committee • Regular conference calls and videoconferences with remote stakeholders • Government required reports and other information Informational: This is Information people want to know or that they may need for their jobs. This information Is made available for people to read, but requires them to take the initiative, or pull the communication. • Awareness building sessions that people are Invited to attend. (These are not meant as training, just to build awareness.) • Project paper-based deliverables placed in a common repository, directory or library that people can access Marketing: These are designed to build buy -in and enthusiasm for the project and its deliverables. This type of communication is also pushed to the readers, • Project newsletters with positive marketing spin • Meeting one-on-one with key stakeholders on an ongoing basis 25H-20 M tf biGto• ALNETWORKS Irak�I na..nn www.digitalnelworksgroup.com co co cJ a a LL m CN N <r O; V Hai Testimonials from others where value was provided Project countdown till live date Informal walking around to talk up the project to team members, users and stakeholders Celebrations to bring visibility to the completion of major milestones Publicizing accomplishments Step 1: Manage Risks For every high and medium risk where the project manager is creating a risk mitigation plan, a contingency plan shall be created to document the consequences to the project if the risk plan fails and the risk actually occurs. For instance, If the consequence of a potential risk Occurring is that the project will need to be stopped; this should be a strong indication that the risk plan must be aggressive and comprehensive to ensure that the risk is managed successfully. Step 8: Manage Documents A Document Repository shall be established for this project. All project documents shall be orderly stored in a project folder including CAD diagrams, project notes, correspondences, BFI's and internal and/or external change orders. Step 9: Manage Quality Digital Networks Group shall provide an internal set of metrics that will provide insight into how the project is progressing, and how the deliverable creation process is working. The project manager will be capturing overall financial and duration metrics on a daily basis, These are the areas where quality is being/will be managed by Digital Networks Group: • Are actual work timelines in line with estimated deliverables? • Is client satisfied with the project teams communication? • What is the amount of rework required due to faulty up -front analysis? • Are there excessive resolution issues? • Number of major errors uncovered during testing • Capture project metrics on a daily basis. le. Labor hours, freight, travel costs, etc, Step 94: Manage Metrics The following list provides metrics that Digital Networks Group tracks on all Major Projects: 25H-21 1GITAL NETWORKS www.digitainetworksgroup.com '. Business Metrics Category Cost . Actual cost vs. budget (variance) for project, for phase, for activity, eta Effort • Actual effort vs. budget (variance) •_Amount �. of project manager time vs. overall effort hours Duration Actual duration vs, budget (variance _____ Productivity • Effort hours per unit of work/function point • Number of process improvement ideas implemented • Number of hours/dollars saved from process Improvements Quality of • Number of defects discovered after initial acceptance Deliverables • Percentage of deliverables that comply 100% with Digital Networks Group standards • Number of client change requests to revise scope • Number of hours of rework to previously completed deilverables • Number of risks that were successfully mitigated Client Overall client satisfaction with deliverables in terms of. Satisfaction (survey) with o Reliability Deliverables o Defects o Usability o Response time o Ease of use o Availability o Flexibility o Intuitiveness o Security o Meets client needs o Easy to understand messages o User documentation Client Overall client satisfaction with the project team In terms of: Satisfaction (survey) with Project o Responsiveness Team o Competence o Accessibility o Courteous o Communication o Credibility o Business knowledge o Reliability / follow through o Professionalism o Training o Overall client satisfaction -Average time required to resolve Issues 25H-22 0) i DIGITAL hIEr%A G R O V P, 1 r4 c www.digitainetwotksgroup.com APr EIYDIX7777777777 `,'AT I ACNAEN 13 8. TItYl[EI1yE of PROJECT CITY OF SANTA ANA REQUEST I+OR PR01 ins RFP NO.: 17-061 Objective: This task lays out all key dates for the project. It states dates for the tasks and deliverables. l, Proposal shall include a timeline (week 1, week 2, etc. , .) from implementation to completion. Indicate the lead time needed from award notification to implementation start date, Include this page as a cover for your response to this section. City of 8aiita Ana RFP 17.060 Page 28 25H-23 25H-24 EXHIBIT B COMPENSATION Pee Proposal including hourly rates if applicable Page 1 I of It 25H-25 Exhibit B - Contractor Agreement with Digital Networks Group APPERYDIX �'— A G 7'ACRMENT 3'It07E� P 2XCI1�iCr CITY OF SANTA ANA RRQUFST FOR PROPOSALS RFP NO.: 17-061 Objective: This task defines the Proposer's fee which shall be submitted concurrently with the technical proposal to allow for evaluation of budget, cost, and value. 1. Detailed line item pricing for individual equipment pieces and labor shall be provided with the submittal, 2. In addition, the fee schedule shall be structured to depict the hourly rates of each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellularphones, vehicles, mileage and.other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. Additionally the Fee Proposal shall include allot -To -Exceed amount, Include this page as a covet for your response to this section. City of Santa Ana RFP i7 -b60 Page 29 25H-26 DNGDigital Nctvv(:)rks Group hV x„d I i t*yab ray, Ora=: gfat,,ril All labor, including Engineering and Design, Assembly, Software Programming, Installation, Testing and Adjustment, Acceptance Testing, Training and Warranty specified In the bid documents, shall be provided as part of the contract for the work. We propose to complete this project for the amount of $87,832.00 (eighty seven thousand six hundred thirty two & 001100). Digital Networks Group, Inc. hourly rates: Field Labor Prevailing Wage, 15' Shift $104.29 per hour Electrical Field Labor Prevailing Wage, 1'' Shift $131.43 per hour CAD & Engineering $125.00 per hour Programming $120.00 per hour g g $120.00 per hour riSr—R' � 20382 Hormana Circle Lake Forest, CA 92630 "B&C—siI Office (949) 4286333 FaX (649) 428-6334 MEMBER yYWPV. kl4Vok$i1ro UJ>._C o in 25H-27 xxa,� Omni IntMk4.!C*MM01 W1 In04kkMa"On, lac' Digital Notworils Groul'� -it,t r H q., - City of Santa Ana Hiram Uribe 26 Civic Center Plaza, 2nd Floor Santa Ana, CA 92701 Tel: 714-571-4252 Quote 6/21/2017 Project Number: AB# 25265PC Roosevelt - PC Lab Bob Crallin Ship To: Networks Group will provide the following swops of work (60W) for the PC Lab at the Roosevelt 70" flat panel display Dust Input Digital WALL Vault System with iPLync control processor and HDMI / VGA wall plate with wall controller. System includes two riling speakers. Merslve hardware / software wireless presentation system. pad is not included In this proposal. Dannon Biustooth receiver. Apple TV A 3 Year Basic Maintenance/Service contract Is Included In this proposal for the maintenance and upkeep of this room's system. Power to the projector and screen locations are to be Is not part of this Mfr -Part No. qty Description Unit Price Extended j :I}iaf-XTM1U 1 Micro -Adjust Tilt Wall Mount, X -Large 240.74 240.74 Shiel-FCAl12 i FUSION SECURE CPU/MEDIA PLAYER ADAPTOR 69.68 59.68 SHARP LC70LE661U 1 70" DISPLAY 2,104.71 2,104.71 SHARP WARRANTY 'f 4 YEAR EXTENDED WARRANTY 174.12 174..12 EXTRON 42.207-0064 1 TWO INPUT VAULT SYSTEM 5,112.94 5,li2.94 Digital PoleVault Classroom Details CITY Model 1 FF 120 1 SPK 18 cable -35' 1 TLP 350MV I IPL250 1 UTP23.4/50 1 MLC IR/RS-232-50- i MLC PW/RS-232NC-50' 1 PVS 405D 1 HDMI Mioro/3 1 PCM 340 1 PMK 560 1 UPB 25 1 PVT SW HDMI ROB D 1 XTP DTP 24P/35' 1 HDMI Ultra/12 1 MVOA-AM-M/12 MERSIVE STXSOLAI 1 MERSIVE SOLSTICE BUNDLE 1,704.71 1,704.71 DENNON ON-200BR i BLUETOOTH RECEIVER 116.47 116.47 APPLE APPLETV 1 APPLETV 176.46 176.46 EXTRON 70.563.03 1 PMK150 88,24 88.24 DNG4000 1 MISC.CABLE TIES AND SUPPORT 100.00 100.00 Equipment Sub -Total 9,878.07 Created on 3/3112017 Page 'I of 2 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265PC 20382 Hermana Cir. 0 Lake Forest, CA 92630 a Phone (949) 428-6333 o Fax (949) 428.6334 www.dlgltainetworkagrotip.com California Contractors License If 822511 L3iCSi ri S E: R hirgeomm `INTrrMOrtOOAr 25H-28 Installation Sub Total Pricing Summary This Quote is Valid for 30 Days. DNG PWC/DIR # 1000001928 7,187,80 Shipping & Handling; $ 345.73 CA Local Tax $ 765.55 Lump Surn Project Total: $ 18,177,15 DIR PROJECT ID # Terms Net 30 Design Criteria / Assumptions: 1. Conduits/Electrical Work: ' All conduit Is usable and free of obstructions ' Conduit, backboxes and sleeves provided by others ' 110 VAC outlets and circuits not Included ' Core drilling not Included, unless otherwise noted ' Power Supplies, surge suppressors, UPS not Included ` Site shall be accessible during scheduled work hours §ystem Maintenance Offerings: 2. Pricing: All Pricing Is confidential 3. Quality Assurance: All cabling complies with EIA-TIA 568/6698 Standards 'All work shall comply with applicable Building Codes Changes to contract must be approved In writing Ask about ONG's other comprehensive preventative Maintenance and Support Services programs Intended to supplement manufacturar's limited equipment warranties, provide ongoing technical support, prioritized emergency site response repairs, and periodic, system training sessions. All of these recurring preventative maintenance features will help protect your AV system and financial Investment. Please take advantage of these programs and contact your Account Manager or ONG's Serves Group for coverage options basic Maintenance package,_ Preventative Maintenance Visit, System Status Reports, Help Desk Support, Emergency Response priority, User Refresh Traning, Extended Equipment Warranty, Labor, Free Shipping and Supplies Discounts. Notice to Proceed a^.- w.�enWyx gram xiuu:xiu.a�m�..: a This document may serve as a Notice to Proceed to Digital Networks Group (DNG) In advance of a customary Purchase Order or Contract. Alternatively, this document may serve as a formal Purchase Order to DNG only in the event the Customer does not or cannot generate a formal Purchase Order or Contract to DNG, In either event, tills agreement creates a binding contract between Digital Networks Group and the customer. By signing this document the Customer Is approving DNG to procure materials and to provide the Installation services as specified without reservation, and the customer agrees to pay the Total Project Cost within 1116 terms stated above, DNG is acting in good faith that the Individual signing this document on behalf of the Customer Is duly authorized to enter Into this binding agreement. Cancellation; If for any reason the customer provides a written Notice of Cancellation to terminate a portion of this project or the entire project, the customer agrees to pay DNG for pronated services rendered and products purchased and received which may not be returned to the factory, or In the event product may be returned, the customer agrees to pay DNG applicable vendor, restocking charges up to the date of cancellation. Account Manager: Customer: Created on 3/31/2017 Page 2 of 2 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265PC 20382 Hermana Cir. o Lake Forest, CA 92630 • Phone (949) 428.6333 a Fax (949) 428.6334 wvvw.dlgltalnetwo rkagro up. com 3iCi1 California Contractors License # 822511 rl wryet�lmrin a rAT r®r tro A AT 25H-29 Quote 6/2112017 DNG1 t��)rt*�: ,r,r�s rar.>I:(r Project Number: AB# 25265TEEN 1 �' ' ' "'` ""` Roosevelt • Teen Roam Bob Crellin City of Santa Ana Ship To: Hiram Uribe 26 Civic Center Plaza, 2nd Floor Santa Ana, CA 92701 Tel: 714-571.4252 Digital a wor cs Group will provide the following scope of work (SOW) for the Teen Room at the Roosavalt Community Confer: ' Provide and Install (1) 70" flat panel display. ° Provide and install mid throw projector to display on screen. Projector shall include calling mount and support. ' Dual Input Digital wall Vault System with IPLyno control processor and HDMI /VGA wall plate with wall controller. System includes two ceiling speakers, * Mersive hardware /software wireless presentation system. Ipad Is not Included In this proposal. * Dennon Bluetooth audio receiver Apple TV ° A 3 Year Basle Maintenanos/Servica contract Is Included In this proposal for the maintenance and upkeep of this room's system. Power to the projector and screen locations are to be provided by others and is not part of this proposal. Mfr -Part No. tatty Description Unit Price Extendetl )hlof.X'fMiU 1 Micro -Adjust Tilt Wall Mount, X -Largo 240,74 240,74 Chlef-FCAt12 1 FUSION SECURE CPU/MEDIA PLAYER ADAPTOR 59.68 59.68 SHARP LC70LE681U 1 70'DISPLAY 2,104,71 210471 1 SHARP WARRANTYI4 YEAR EXTENDED WARRANTY 174.12 174.12 EXTRON 42.207.0064 1 TWO INPUT VAULT SYSTEM 51101.18 5,101.18 Digital PoloVault Classroom Details QTY Model 1 SPK 18 cable -35' 1 TLP 350MV 1 IPL 250 1 UTP23-4/50 'I MLC IR/RS-232.50' 1 MLC PW1RS-232ND-50' 1 PVS 405D 1 HDMI M1cro/3 1 PCM 340 1 PMK 560 1 UPS 25 1 PVT SW I-IDMI ROB D 1 X'I'P DTP 24P/35' 1 HDMI Ultra/12 1 MVGA-AM-M/12 MERSIVF.BTXSOLAI 1 MERSIVE SOLSTICE BUNDLE 1,763.53 1,763.63 DENNON DN-200BR 1 BLUETOOTH RECEIVER 116,47 116,47 APPLE APPLE1'V 1 APPLETV 176.46 176.46 EXTRON 70.563-03 1 PMK150 88.24 88.24 DNG4000 1 MISC CABLE TIES AND SUPPORT 100.00 100.00 DNG4000 1 MISC CABLE TIES AND SUPPORT 100.00 100.00 Created on Page 1 of 2 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265TEEN 20382 Hermana Cir. a Lake Forest, CA 92630 • Phone (949) 428.6333 • Fax(949) 428.6334 www.digitalnetworksgroup.com California Contractors License # 822511 w ^ IAT 41 a A 117NAr 25H-30 Equipment Sub -Total Installation_ Sub Total.. BELOW OPTIONAL MIQRROPHONE IS NOT INCLUDED IN TOTAL PRICE 1 EXTRON 42.139,221HANDHELD & PENDANT MIC WITH 1,056.25 CHARGER Pricing Summary This Quote is Valid for 30 Days. DNG PWC/DIR # 1000001928 16,626.13 - -6,666.36 - Shipping & Handling: $ 344,79 CA Local Tax $ 763.45 Lump Sum Project Total: $ 17,819.75 DIR PROJECT ID It Terms Net 30 Design Criteria / Assumptions: Conduits/Efectrical Work: " All conduit is usable and free of obstructions ` Conduit, backboxes and sleeves provided by others " 110 VAC outlets and circuits not included ' Core drilling not Included, unless otherwise noted Power Supplies, surge suppressors, UPS not Included ` Site shall be accessible during scheduled work hours 2. Pricing: ' All Pricing Is confidential 3. Quality Assurance: ' All cabling compiles with EIA-TIA 568/5696 Standards " All work shall comply with applicable Building Codes ' Changes to contract must be approved In writing stem Maintenance Offerings: Ask about DNG's other comprehensive preventative Matntonance and Support Services programs intended to supplement manufacturer's limited equipment warranties, provide ongoing technical support, prioritized emergency site response repairs, and periodic system training sessions. All of these recurring preventative maintenance features will help protect your AV system and financial Investment. Please take advantage of these programs and contact your Account Manager or DNG's Service Group for coverage options - Baslc MaInto nanas Packanei Preventative Maintenance Visit, System Status Reports, Help Desk Support, Emergency Response priority, User Refresh Tranmg, Extended Equipment Warranty, Labor, Free Shipping and Supplies Discounts. Notice to Proceed This document may serve as a Notice to Proceed to Digital Networks Group (DNG) in advance of a customary Purchase Order or Contract. Alternatively, this document may serve as a formal Purchase Order to DNG only in the event the Customer does not or cannot generate a formai Purchase Order or Contract to DNG. In either event, this agreement creates a binding contract between Digital Networks Group and the Customer. By signing this document the Customer is approving DNG to procure materials and to provide the Installation services as specified without reservation, and the customer agrees to pay the Total Project Cost within the terms stated above. DNG is acting In good faith that the Individual signing this document on behalf of the Customer is duty authorized to enter into this binding agreement. Cancellation: If for any reason the customer provides a written Notice of Cancellation to terminate a portion of this project or the entire project, the customer agrees to pay DNG for pro -rated services rendered and products purchased and received which may not be returned to the factory, or in the event product may be returned, the customer agrees to pay DNG applicable vendor restocking charges up to the date of cancellation. Account Manager: Customer: Created on 3/31/2017 Page 2 of 2 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265TEEN 20382.Hermena Cir. • Lake Forest, CA 92630 o Phone (949) 428-6333 • Fax (949) 428.6334 www. digitainetworkagroup.com California Contractors License It 822511 aWiv n R 1,#rtf1�r`Klti191ti c INTVINArlt)(ty 25H-31 r~y p G i n ighn'i7u[tnirxSCtroti) 0l,��i 1 City of Santa Ana Hiram Uribe 26 Civic Center Plaza, 2nd Floor Santa Ana, CA 92701 Tel: 714-571.4252 ulguat Networks Group will Quote 6/21/2017 Proiect Number: AB# 25265MPR Roosevelt - MPR Bob Creliin Ship To: scope of work (SOW) for the MPR room at the Roosevelt Community ` Provide and Install (1)165" wail mounted Tanga series electric projection screen. ' Provide and Install mid throw projector to display on screen. Projector shall include calling mount and support. ` Provide and Install well mounted Touch Link control panel with Lync license for i -pad / wireless control. ]pad Is not included In this proposal. ` Provide and Install QTY (2) wall Input plates that support HDMI! VGA connections along with 12' input patch cables for each. ' Provide a rack enclosure system in the chair storage area with the following components: • IPLync control processor - System switeher with distribution output for mobile cart system Apple TV • Marelve wireless presentation hardware software solution Available Input for DVD /Blue Ray devices. NOTE: BLUE RAY IS NOT INCLUDED IN THIS PROPOSAL. -Stereo amplifier • Dannon BtueTooth Wireless audio receiver Provide and Install (1) 70" fiat panel on cart along with wireless HDMI receiver from the above switching system for overflow display. Cart will jpport HDMI and VGA local Inputs. Provide QTY (0) calling mounted pendant speakers for program audio. ` Provide and install OTY (1) wireless combo microphone system. ' provide and Install QTY (1) head worn wireless microphone system. A3Year Basic Maintenance/Service contract is included In this proposal for the maintenance and upkeep of this room's system, " Power to the projector and screen locations are to be provided by others and Is not part of this proposal, Mfr -Part No. Qty Description Unit Price Extended s... Draper, 1-116371 1 Targs, 165,16:10, Matt White XT1000E, 110V 803.53 .803.53 Draper, 1-121057 1 LVC-III a LVC-S, 110 V 172.94 172.94 ONG5000 1 SUPPORT HARDWARE FOR $GREEN 88.24 88.24 EPSON PRO L11000 1 6000 LUMEN W UXGA PROJECTOR 5,671.76 5,671.76 TBD i LENS FOR ABOVE 2,005.88 21005.88 Chis6CMA340 1 SUPPORTBRACKET AND GABLE ASSY 134.12 134.12 Chief-CMA395 1 ANGLED CEILINGADAPTER 38,89 39,89 Chiaf•CM50305 1 ADJ. PIPE 36 TO 60 102.60 102.60 Chief-RPAU i UNIVERSAL RPA 142.16 142.16 DNG5000 1 HARDWARE SUPPORT FOR PROJECTOR 41.18 41,18 Exlron-60-1429.OIA 1 W Link Pro Control Processor w/LfnkLicense 1,400.00 1,400.00 User Interfaces Upgrade Extron-60-1165.02 1 5 Wall Mount TouchUnk Pro Touchpanel 935.29 935.29 Extron-60.1233.01 1 XTP Power Injector 170.59 170,59 Extron-60.1366-13 2 Two Input DTP Transmitter for HDMI and VGA - 641.16 11282.36 Audio Embedding - Decorator -Style Waliplate, White - 230 feet (70 m) Created on 3/31/2017 Page 1 of 3 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265MPR 20382 Hermana Cir. a Lake Forest, CA 92630 a Phone (949) 428-6333 a Fax (949) 428.6334 wwwAlgl italnetwo rks g roup,com California Contractors License 4 822511 -0 al a�a%r��omm r AT r 19 A 7110 A 25H-32 Extron-60-1238.71 Extron-22.236-03 Extron-101.005.02 Extron-60.1490.02 cMron.60-1490.03 APPLE APPLE TV MERSIVE BTXSOLAI DENNON DN -2006P Extron-60.604-02 DNG4000 JBL-C60PS/T-WI I JBL-C65P/f Extron-60-842-01 Extron-60.563-02 SHURE, I N-SLX124185/SM58-G5 SHURE, IN-SLX14/93-G5 SHURE, IN-UA221 ,IHURE, IN-UA860 SHURE, IN-UABIAST-US SHURE, IN-UA864US Middle Atlantic-DWR-24.26PD Middle Atlantic -PD -9158 DNG5000 1 Eight Input HDCP-Comptlant Scaling Presentation Switcher with DTP Extension, HDHasaTQOtpu1__. 0.5 Shielded Digital Twisted Pair Cable for XTP & DTP products - Non -Plenum, 1000' (305 m) spool 1 XTP DTP 24 Plug, Package of 10 1 Wireless Transmitter for HOMI (US) 1 Wireless Receiver for HDMI (LIS) 1 APPLE TV 1 MERSIVE SOLSTICE BUNDLE 1 BLUETOOTH RECEIVER 2 1 U 0.5 Deep Basic Rack Shelf I MISC PATCH CABLES AND CONNECTIONS 2 C60 PENDANT SUBWOOFER - White subwoofer with built -In passive crossover for up to four satellite speakers. 200 mm (6 in) long-excurslon driver. 8 ohm (150 Watt) and 70V/1 OOV If 00 Watt) operation. Hanging hardware with 4.5 m (16 foot) galvanized steel cable and easy to adjust clamp. S 6 Compact Full -Range Pendant Spkr w 5.1/4 5-1/4" (130 mm) LF & silk dome HF, RBI Radiation Boundary intagratork teohnology with 120 degree conical coverage, true coax, 76W at 8 ohms, plus 10W 70V/100V mulf-tap transformer, redundant suspension cable system included (priced as each sold In pairs 1 Surround Sound Processor 2 Four Channel Amplifier - 200 Watts Per Channel 1 Includes SLX4 Diversity Receiver, SLXi Bodypack Transmitter, Mlcroflex#WL185 Cardioid Leveller Microphone, SLX2/SM58 Handhold Transmitter with SM58 Microphone 1 Includes SLXi and WL93 Omnidirectional Micro-Lavalier Microphone 1 Passive Antenna Splitter/Combiner Kit. Includes TWO Splitter/Combiners, Four Coaxial Cables, and Attaching Hardware 2 50' UHF Remote Antenna Extension Cable, BNC-BNC, RG8X/U Type 2 In-line adapter. Supplies 12V DC bias power over coaxial BNC cable, includes PS23US 2 Wall -Mounted Wideband Antenna 1 24SPI260 WALLRK W/PLEXI 248 DEEP EQUIP., 13LACK FINISH 2 9OUT,15A,RCKMNT POWER CEN PROTECTED RACKMOUNT POWER DISTRIBUTION W/9' CORD, BLACK POWDERCOAT FINISH I MISC RACK HARDWARE AND BLANKS SHARP LC70EQIOU 1 70" LED TV Chiefd-PAUB 1 Large FUSION Cart Manual Adjustable, SIX Chlet-FCA510 i SMALL MEDIA PLAYER ENCLOSURE Chlef-PAC770 1 51HEAVY DUTY CASTERS (4) Chief-FCA612B 1 LARGE SHELF BLACK DNG4000 1 MISC CABLE TIES AND SUPPORT Equipment Sub-Tabd Installation Sub Total 2,052.94 700.00 29.41 323.53 347.06 176.46 1,704.71 116.47 35.29 629.41 292.94 165,88 1,052.94 994.12 743.53 500.00 118.62 81.18 64.71 351.76 970.20 88.96 264.71 1,994.12 770.22 102.60 83.62 239.40 441.18 2,052.94 350.00 29.41 323.53 347.06 176,46 1,704.71 116.47 70.58 529.41 585.88 995.28 1,052.94 1,988.24 743.53 500,00 118.82 162.36 129.42 703.52 970.20 177.92 264.71 1,994.12 779.22 102.60 63.82 239.40 441.18 30,723.27 17,455.36 Created on 9/31/2017 Page 2 of 3 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265MPR 20382 Hermana Cir, ® Lake Forest, CA 92630 • .Phone(949)428-63330 Fax(949)428-6334 www. di gitaln etworksg ro up. com California Contractors License 4 822511 yam C/�y�°lytllitM n, =ienternoesr 25H-33 Pricing Summary This Quote is Valid for 30 Days. DNG PWC/DIR If 1000001928 Terms Net 30 Design Criteria /Assumptions: 1, Conduits/Electrical Work: All conduit is usable and free of obstructions " Conduit, backboxes and sleeves provided by others " 110 VAC outlets and circuits not Included Core drilling not included, unless otherAise noted ° Power Supplies, surge suppressors, UPS not included ° Site shall be accessible during scheduled work hours S stem Maintenance Offerin s: Shipping & Handling: $ 1,075.31 CA Local Tax $ 2,3B1.O5 Lump Sum Project Total: $ 51,634.99 DIR PROJECT ID 2. Pricing: All Pricing is confidential 3. Quality Assurance: • All cabling complies with EIA-TIA 666/5698 Standards ` All work shall comply with applicable Building Codes ° Changes to contract must be approved in writing Ask about DNG's other comprehensive Preventative Maintenance and Support Services programs intended to supplement manufacturer's limiter( equipment warranties, provide ongoing technical support, prioritized emergency site response repairs, and periodic system training sessions. All of these recurring preventative maintenance features will help protect your AV system and financial investment. Please take advantage of these programs and contact your Account Manager or DNG's Service Group for coverage options - Basic Maintenance Packaue: Preventative Maintenance Visit, System Status Reports, Help Desk Support, Emergency Response Priority, User Refresh Traning, Extended Equipment Warranty, Labor, Free Shipping and Supplies Discounts. Notice to Proceed This document may serve as a Notice to Proceed to Digital Networks Group (DNG) in advance of customary Purchase Order or Contract. Alternatively, this document may serve as a forms[ Purchase Order to DNG only In the event the Customer does not or cannot generate a formal Purchase Order or Contract to DNG. in either event, this agreement creates a binding contract between Digital Networks Group and the Customer. By signing this document the Customer is approving DNG to procure materials and to provide the installation services as specified without reservation, and the customer agrees to pay the Total Project Cost within the terms stated above. DNG Is acting In good faith that the individual signing this document on behalf of the Customer is duly authorized to enter Into this binding agreement. Cancellation: If for any reason the customer provides a written Notice of Cancellation to terminate a portion of this project or the entire project, the customer agrees to pay DNG for pro -rated services rendered and products purchased and received which may not be returned to the factory, or in the event product may be returned, the customer agrees to pay DNG applicable vendor restocking charges up to the date of cancellation. Account Manager: Customer: Created on 3/31/2017 Page 3 of 3 Printed on 6/21/2017 Digital Networks Group, Inc. Project: 25265MPR 20382 Hermana Cir. • Lake Forest, CA.92630 • Phone (949) 428-6333 s Fax (949) 428.6334 Ink www.digitalnetworksgroup.com California Contractors License R 822511 9aiCSi MC erar�qComm 111M MrrroMr:r 25H-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AGREEMENT WITH METROPOLITAN WATER DISTRICT AND THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY FOR IN -LIEU TREATED WATER DELIVERIES (NON GENERAL FUND) {STRA GIC PLAN NO. 5, 2 CI A AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t 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 the Metropolitan Water District and the Municipal Water District of Orange County for in -lieu treated water deliveries, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Metropolitan Water District (MWD) is a wholesale water provider to its 26 member agencies; the City of Santa Ana and the Municipal Water District of Orange County (MWDOC) are member agencies of MWD. MWD provides imported surface water to the Southern California region from both the Sacramento Bay Delta to the north, and the Colorado River to the east. A significant amount (approximately 25 percent) of water supplied by the City of Santa Ana to its residents and businesses is purchased from MWD. The balance of water supplied by the City is pumped groundwater from the Orange County Basin, and the city footprint lies over the Basin. The heavy rains and snowfall experienced across the State during the winter season of 2016-2017 has resulted in an abundance of surface water runoff into the Sacramento Bay Delta. This surface water must be stored, consumed, or allowed to flow into the ocean. As a result, MWD has filled its reservoirs and must find additional storage space and use for the surface water, or risk losing this precious resource to the ocean. One strategy available to MWD is to ask groundwater producers, such as Santa Ana, to increase the amount of MWD surface water they use, and decrease groundwater pumping. This "in -lieu pumping" (water banking) strategy will allow Santa Ana to save its basin groundwater. In future years, when surface water supply conditions are less abundant, the City will do the opposite: pump more groundwater out of the basin and save surface water. 251-1 Agreement with MWD and MWDOC for In -Lieu Treated Water Deliveries August 15, 2017 Page 2 The water banking process has to be carefully monitored and accounted for to ensure that the participating agencies exchange appropriate amounts of surface water and groundwater to achieve an overall net $0 cost to the water enterprise. The proposed in -lieu agreement implements a number of administrative procedures to establish proper accounting. In the assigned roles, MWD supplies water to the City, MWDOC verifies volume of water deliveries and carries the balance sheet for all Orange County participants, and the City pays related invoices to MWD. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). FISCAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. The administrative procedures established by this agreement ensure a net $0 cost to the water enterprise. Exedutive Director Public Works Agency FM/NS/RR Exhibit: 1. Agreement 251-2 Agreement Between Metropolitan Water District of Southern California, City of Santa Ana, and MWDOC for Fiscal Year 2017/2018 In -Lieu Treated Deliveries This Agreement is made as of 2017, by and among the METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ("Metropolitan"), a public agency of the State of California, the Municipal Water District of Orange County ("MWDOC"), a public agency of the State of California, and the City of Santa Ana ("City"), a charter city of the State of California (collectively, the "Parties"). Section 1. Purpose of Agreement. a. Metropolitan is a wholesale provider to its 26 member agencies, created under The Metropolitan Water District Act ("MWD Act"). Wat, Code appen., §§ 109-25, 109- 130. b. MWDOC is a member public agency of Metropolitan and a wholesale water provider with a service area overlying the Orange County Basin, a groundwater basin located in Orange County, MWDOC was created under Municipal Water District Act of 1911. c. City is a member public agency of Metropolitan and a retail water provider with a service area overlying the Orange County Basin, a groundwater basin located in Orange County. d. Metropolitan and MWDOC have entered into an agreement ("MWDOC-Metropolitan Cyclic Storage Agreement") which provides for the delivery of water by Metropolitan to MWDOC in advance of demand for the water by MWDOC through a cyclic storage account ("MWDOC-Metropolitan Cyclic Storage Account"). e, Through this Agreement, the Parties intend to provide for a means of delivering water from Metropolitan through City into the MWDOC-Metropolitan Cyclic Storage Account. Section 2. Designated In -Lieu Treated 'Deliveries. City represents and Metropolitan has confirmed that its ability to accept untreated Metropolitan water, originating or blended with State Water Project water, is impacted due to the detection of unconfirmed quagga mussels. Accordingly, City agrees to take up to 9,500 acre-feet of treated water from Metropolitan for delivery into the MWDOC-Metropolitan Cyclic Storage Account through in -lieu means ("In -Lieu Treated Deliveries"), The actual amount of In -Lieu Treated Deliveries may be higher or lower based on operational conditions and the In -Lieu Treated Deliveries Certification Procedures referenced in Section 8. In -Lieu Treated Deliveries will be made upon Metropolitan's written request and the City's written acceptance, in the City's sole discretion, of additional treated water deliveries. Agreement Between Metropolitan Water District of Southern California, City of Santa Ana, and MWDOC for Fiscal Year 2017/2018 In -Lieu Treated Deliveries City represents and warrants that In -Lieu Treated Deliveries are in addition to its projected full service deliveries from Metropolitan (treated or untreated), which would normally occur without this Agreement. MWDOC represents and warrants that, in accordance with the MWDOC-Metropolitan Cyclic Storage Agreement, an amount equivalent to the In -Lieu Treated Deliveries will be, credited to Metropolitan as stored water in the Orange County Basin, pursuant to the City's intentional reduction in groundwater production certified and reconciled according to Section 8, until such time as the water is purchased by MWDOC pursuant to the terms of the MWDOC- Metropolitan Cyclic Storage Agreement and Section 8 of this Agreement. Section 3. Tenn. This Agreement shall be effective until the last acre-foot of water delivered under this Agreement is purchased out of the MWDOC-Metropolitan Cyclic Storage Account and is applicable only to In -Lieu Treated Deliveries made to City Linder this Agreement from July 12, 2017 through June 30, 2018, as certified and reconciled according to Section 8. Section 4. Treatment Surcharge Payment, City agrees to pay Metropolitan the Treatment Surcharge effective at the time of the In - Lieu Treated Deliveries, which for calendar year 2017 is $313 per acre-foot and in calendar year 2018 will be $320 per acre-foot. Section 5. Storage Price Tenn. In exchange for the City's acceptance and storage of In -Lieu Treated Deliveries for Cyclic Storage in fiscal year 2017/18, instead of direct untreated water deliveries, Metropolitan agrees to pay City up to $225/acre-foot, as determined by Metropolitan pursuant to Section 6. Section 6. Determination of Storage Price Term. Metropolitan has, in its sole discretion, determined the Storage Price Term is $212 per acre-foot in 2017 ($313 - $101) and $219/acre-foot in 2018 ($320 - $101). Metropolitan has made such deternination based on an estimate of costs incurred by City as a result of taking in - lieu delivery of additional treated water at Metropolitan's request that City would not otherwise have taken, minus the costs that City would have incurred if it produced an equivalent amount of water from the Orange County Basin. City has submitted its avoided cost estimates to Metropolitan, which Metropolitan reviewed in addition to historical production cost estimates available to Metropolitan, City may, at any time prior to reconciliation and certification described in Section 8, request a redetermination of the Storage Price Tenn, by submitting documentation that its groundwater production costs have changed. Metropolitan shall, in its sole discretion, change 251-4 Agreement Between Metropolitan Water District of Southern California, City of Santa Ana, and MWDOC for Fiscal Year 2017/20181n -Lieu Treated Deliveries the Storage Price Tenn upon review of any such additional documentation and confirmation of changes in costs. Section 7. Billing Procedures Metropolitan will bill City the Treatment Surcharge in effect at the time City certifies the In -Lieu Treated Deliveries, in the same manner as Metropolitan bills City for all other water sales, Metropolitan will pay City the Storage Price Term for In -Lieu Treated Deliveries in fiscal year 2017/18 by applying a credit to City's meter invoiced amounts, which credit is subject to the certification and reconciliation process described in Section 8. Section 8. Certification of In -Lieu Treated Deliveries. City shall submit monthly certifications of In -Lieu Treated Deliveries pursuant to this Agreement consistent with Metropolitan's Administrative Code, sections 4506 to 4507. Such certifications will be made pursuant to the In -Lieu Treated Deliveries Certification Procedures, attached hereto and incorporated herein as Attachment 1. On a monthly basis Metropolitan will review these certifications for conformance with the submitted operating plans submitted pursuant to the In -Lieu Treated Deliveries Certification Procedures. After the end of fiscal year 2017/18, Metropolitan will reconcile the deliveries made pursuant to this Agreement during the fiscal year, in order to ensure in -lieu deliveries were made in addition to normal full-service deliveries and as a result of actions to reduce groundwater pumping. Metropolitan will void any credits given for water deliveries that Metropolitan is unable to reconcile as qualifying In -Lieu Treated Deliveries under this Agreement, which will result in an equivalent charge to City's bill plus the applicable untreated full service rates and charges. The total amount of all voided credits shall be billed in the next month following the end -of -year reconciliation. Section 9. Purchase of Water Out of Cyclic Account. MWDOC agrees to purchase the In -Lieu Treated Deliveries made pursuant to this Agreement out of the MWDOC-Metropolitan Cyclic Storage Account within five years of the effective date of this Agreement. Billing and payment procedures shall be the same as other purchases frorn the MWDOC-Metropolitan Cyclic Storage Account, as provided in the MWDOC-Metropolitan Cyclic Storage Agreement. Approved as to form: MWDOC By: By: General Counsel 251-5 Robert J. Hunter General Manager Agreement Between Metropolitan Water District of Southern California, City of Santa Ana, and MWDOC for Fiscal Year 2017/2018 In -Lieu Treated Deliveries Approved as to form: Sonia R. Carvalho, City Attorney By: 1_ llV lite ll1 M. Funic Assistant City Attorney Attest: in The City of Santa Arra Cynthia Kurtz Interim City Manager Recommended for Approval By _ By: Maria D. Huizar Fred Mousavipour Clerk of the Council Executive Director, Public Works Agency Approved as to form: Marcia L. Scully General Counsel By: General Counsel No 251-6 The Metropolitan Water District of Southern California Jeffrey Kightlinger General Manager Attachment I In-hieu 'Treated Deliveries Certification Procedures For Cyclic Storage Agreement Between Metropolitan Water District of Southern California and the City of Santa Ana 1. Introduction The purpose of this Attachment '1 is to assist the City of Santa Ana (Santa Ana) in its certification of In -Lieu Treated Deliveries for its participation in the Agreement Between Metropolitan Water District of Southern California (Metropolitan), The City of Santa Ana (Santa Ana), and Municipal Water District of Orange County (MWDOC) for Fiscal Year 2017/18 In - Lieu Treated Deliveries (Agreement). Pursuant to the Agreement, Santa Ana is eligible to receive a credit in accordance with sections 4 and 5 of the Agreement (Storage Credit). To qualify for the Storage Credit, Santa Ana must meet the requirements contained in these Ia-Lieu Treated Deliveries Certification Procedures and in Metropolitan's Administrative Code Section 4507. 2, Administration Aringal 02eratigg Plan For Santa Ana to participate in this Agreement, they shall submit an Operating Plan to Metropolitan's Water System Operations Group (WSO) for review prior to the beginning of the operating period. WSO staff will review the operating plan and work with agency staff to resolve issues and questions related to the operating plan. Operating plans for In-Lieu.Treated Deliveries shall follow the form as outlined on the Excel worksheet provided by Metropolitan's WSO staff. Certification of In -Lieu Treated Deliveries In order to obtain the Storage Credit, Santa Ana shall certify the amount of In -Lieu Deliveries purchased from Metropolitan on the forms provided by Metropolitan. Metropolitan WSO staff will perform a cursory review of dte certifications for mathematical accuracy upon their receipt. Such a review does not preclude Metropolitan from correcting errors discovered as a result of Metropolitan's annual reconciliation of the hi -Lieu Treated Deliveries under this Agreement. Annual Reconciliation Metropolitan WSO staff will complete an Annual Reconciliation of Santa Ana's in -Lieu Treated Deliveries certifications within six months following receipt of final documentation from the agency staff. During this period Metropolitan staff will work with Santa Ana staff to reconcile any differences. If differences cannot be resolved, the Resolution of Differences section below shall apply. Santa Ana shall submit final documentation within six months after the end of the Fiscal Year operating period. If final documentation is not submitted, Metropolitan will assume that the water had been used for Full Service purposes, Santa Ana shall be obligated to pay the amount AND CUP GERTIRCATION DOCUMENTATION.000 251-7 of the credit that had been applied to the In -Lieu Treated deliveries and all other rates and charges associated with Full Service Treated deliveries. Listed below is the documentation that Santa Ana should maintain to support the Annual Reconciliation. Metropolitan reserves the right to review original documentation. • Original monthly groundwater production records for the previous three years. • Original monthly production records from other local sources Monthly Metropolitan deliveries, • Monthly demands, excluding recycled water. • Annual local water rights, preferably groundwater basin manager report. • If a sub -agency, monthly water bill from member agency. Resolution of Differences If an impasse exists on the interpretation of the Agreement between the Santa Ana and Metropolitan staff, Metropolitan's Water System Operations' Group Manager has the responsibility to consult with Santa Ana and make a final ruling subject to the General Manager/Chief Executive Officer's oversight. If the ruling on the issue is unsatisfactory to the agency, it can be appealed to the Water Planning and Stewardship Committee of Metropolitan's Board of Directors. The Water Planning and Stewardship Cormnittee shall consider such appeals and make recommendations to the Board. The Board shall act upon such recommendations and its decision shall be final. 3. Documentation for Planning, Tracking, Measuring and Certifying In - Lieu Treated Deliveries under the Cyclic Storage Agreement This Section 3. "Documentation for Planning, Tracking, Measuring and Certifying In -Lieu Deliveries under the Cyclic Storage Agreement augments the Rate Handbook and, where applicable, govern deliveries made under this Agreement. All forms are formatted as Excel worksheets. Worksheet 1, Operating Plan, consists of three sections. Section A, Historic Groundwater Production; Section B, Planned Annual Operating Plan; and Section C, Actual -to -Date and Planned Operations, Worksheet 2, Monthly Certification, is used to certify monthly In -Lieu Treated Deliveries, Agencies should use the Monthly Certificationn worksheet to certify In -Lieu Treated Deliveries made through a connection having more than one designated use. Itis Santa Ana's responsibility to submit Sections A and B of the Operating Plan prior to the beginning of the upcoming operating period, and to update Section C of the Operating Plan, as needed, to reflect actual -to -date operations and any changes in planned operations, In order to receive the credit on In -Lieu Treated deliveries under the Cyclic Storage Agreement, Santa Ana must also submit a Monthly Certification to Metropolitan for each month that such deliveries occurred. All certified water also would be subject to Certification and Billing Procedures outlined in the Rate Handbook and subject to Administrative Code, Section 4507. 2 PORMSIREPLENISHMENT AND CUP CERTIFICA'110N OOCUMENTATION.00C 251-8 Lines on the forms requiring data input are highlighted in green, All other lines are calculated, A line -by-line explanation of the forms follows with the symbol, "tV"designating a user input, and the "R" symbol designating a calculated value: Worksheet 1— Operating Pian Section A - Historic Groundwater Production; Section A calculates an Adjusted Baseline that is the basis against which monthly In -lieu Cyclic Storage deliveries will be measured. The Adjusted Baseline should reflect the monthly pumping pattern Santa Ana would follow if it were not planning to certify in -lieu deliveries from Metropolitan. The Adjusted Baseline is based on historic groundwater production patterns; however, Santa Ana may adjust these patterns to reflect anticipated system or operational changes during the corning operating year, Lines Al, A2, & A3 - FY Groundwater Production: Santa Ana inputs previous three years monthly groundwater production data beginning one-year prior to the end of the last full operating period, For example, for an agency preparing its FY 2017-18 operating plan, the three years prior would include FY's 2014-15, 2013-14, and 2012-13. Monthly groundwater production data includes actual pumped groundwater and imported. in -lieu deliveries. Line A4 - 3 -Year Historical Baseline: Spreadsheet calculates Santa Ana's average monthly groundwater production from the past three years. ria Line A5 - Adjustments to Baseline: Santa Ana inputs anticipated increases and/or decreases in total monthly production due to factors such as new production wells coming online, wells taken out of service, and/or other justifiable alterations in production patterns. Q Lire A6 -Adjusted Baseline: Spreadsheet calculates Santa Ana's Adjusted Baseline for the coming operating year, i.e,, 3 -'Year Plistorical Baseline with Adjustments to Baseline (positive or negative). As indicated above, Lines A1, A2, A3, and A5 are user inputs to be provided by Santa Ana prior to the beginning of the operating year for review by Metropolitan. This review may require Santa Ana provide Metropolitan with records documenting historic well production and rationale for Adjustments of Baseline. Section B — Planned Annual Operating Plan: Section B is Santa Ana's projection of monthly imported water deliveries, groundwater production, and other local supplies that will be used to meet its retail demand. The Section functions as a planing tool for Santa Ana and Metropolitan. It also calculates projected In -Lieu Treated Deliveries eligible for certification as Cyclic Storage based on projected groundwater production. Although only an initial estimate, once completed, Section B should remain static throughout the operating year and utilized as the baseline with which to evaluate the year's actual progress. ,R Line B1 - Adjusted Baseline: This line carries forward Santa Ana's Adjusted Baseline calculated in Line A6, FORM$IRF.PLENISHMENT AND CUP CERTIFICATION OOCUMENTATION.000 251-9 Line B2 - Monthly Production Capability: Santa Ana projects the well capability available for each month of the operating year. Available capability refers to the operational status of facilities in place to extract groundwater for retail water use. For example, the total capacity of Santa Ana's well field might be 50 cis, but four wells are out service due to factors such as mechanical problems or diminished water quality. As a result, only 38 cfs of the well field's 50 cfs capacity is actually available for production, and 38 cfs would be considered Santa Ana's Monthly Production Capability. 9 Line B3 - Baseline: Spreadsheet calculates monthly Actual Baseline, i.e., the lesser of the Adjusted Baseline or Monthly Production Capability. In -lieu water certified by Santa Ana may not exceed its production capability for that month. 01 Line B4 - Planned Groundwater Production: Santa Ana inputs amount of groundwater it plans to produce each month to meet retail demand. n Line B5 — All Other Local Sources: Santa Ana inputs quantities of water it expects to produce from all other local sources other than the groundwater basin to meet retail demand. These sources include recycled, recovered groundwater, local runoff, imported transfers, etc. F Line B6 - Planned Import: Santa Ana inputs amount of water it expects to purchase from Metropolitan to meet retail demand. Q Line B7 — Total Retail Demand: Spreadsheet calculates Santa Ana's entire retail demand, i.e., Planted Groundwater Production, plus All Other Local Sources, plus Planned Import. Q Line B8 — Estimated Monthly In -lieu Credit (Underproduction): Spreadsheet calculates planned monthly groundwater underproduction, i.e., Baseline less Planned Groundwater Production, If positive, indicates water being stored. If negative, indicates water being taken out of storage (overproduction). Section C — Actual -to -Date and Planned Operations: Initially completed with the identical information as Section B — Planned Annual Operating Plan, Section C calculates actual In -Lieu Treated Deliveries, updates projections shown in Section B with actual operational data, and is used to revise projected operations, as needed, based on actual operations to date, Monthly In - lieu Treated Delivery credit is applied to the volume difference between the Santa Ana's Baseline and actual Groundwater Production. Santa Ana is arpected to update this foran whenever Ira -Lieu Treated Deliveries are certifier, Updates should include actual deliveries of groundwater, other local supplies and imported deliveries that have occurred during the operating period. Updates should also include any anticipated changes in projected groundwater production, local supply production, imported water deliveries, and retail demands as a result of actual operations to date. When certifying Monthly In -lieu Treated Deliveries Credit, please mark any box(es) above the month(s) where OWSE%EC/CONTRADMIPROGRAM FORMS/REPLENISHMENT AND CUP CERTIFICATION 00CUMENTATION.000 251-10 adjustments have been made to Manned operations in Lines (C4), (C5), or (C6). In addition, mark any box(es) below the Monthly In -Lieu Credit where Actuals to Date have been determined q Line C1 - Adjusted Baseline: This line carries forward Santa Ana's Adjusted Baseline calculated in Line A6. tai Line C2 - Actual Monthly Production Capability: Santa Ana specifies the actual well capability available for the month being certified and, as needed, updates projected well capability for the remainder of the operating period. 1Q Line C3 - Baseline: Spreadsheet calculates monthly Baseline, i.e., the lesser of the Adjusted Baseline or Monthly Production Capability. 4 Line C4 - Groundwater Production: Santa Ana inputs amount of groundwater actually produced during the operating period and, as needed, updates projected groundwater production for the remainder of the operating period. Line CS — All Other Local Sources: Santa Ana inputs local supplies actually produced during the operating period and, as needed, updates local supplies projected for the remainder of the operating period, I Line Cb - Import: Santa Ana inputs imported water purchased from Metropolitan to meet retail demand during the operating period and, as needed, updates imported water projected for the remainder of the operating period. Q Line C7 — Total Retail Demand; Spreadsheet calculates Santa Ana's retail demand, i.e., Groundwater Production plus Other Local Sources plus Import. 1.:_A Line C8 - Monthly Underproduction: Spreadsheet calculates monthly groundwater underproduction, i.e., Baseline less Groundwater Production. If positive, indicates water being stored, If negative, indicates water being taken out of storage (overproduction), Q Line C9 - Cumulative Underproduction: Spreadsheet sums monthly underproduction through each month of the operating period beginning at the end of the operating period (June). r�'- Line CIO - Monthly In -lieu Credit: Spreadsheet calculates amount of monthly In -lieu Treated Deliveries to be certified limited by Monthly Production Capability and Imported water, Worksheet 2 - Mont/fly Ceptification for Delivery of In -Lieu Cyclic Storage Wait,)- Worksheet aterWorksheet 2 must be submitted by Santa Ana for each month that it wishes to certify In -Lieu Treated Deliveries. On each certification, Santa Ana must indicate their name, the identity of the O.OPSEXECICONTIA NYPROORAM FORMSIREPLENISNMENT AND CUP CERTIFICATION DOCUMENTATION.000 251-11 retail agency delivering the water, if applicable, and the month in which the operation occurred. In addition, Santa Ana must sign and date each certification submitted to Metropolitan. Santa Ana should use Worksheet 2 to certify In -Lieu Treated Deliveries. In addition, for billing and crediting purposes, Santa Ana should also certify the service connections through which the delivery was made and the amount of water to be certified as on each service connection, Individual lines on this form should be completed as follows: Line C3 - Baseline: Santa Ana inputs Baseline value shown in line C3 of Worksheet 1, Line C4 - Groundwater Production: Santa Ana inputs value shown in C4 of Workshect 1. Q Line C8 — Actual Underproduction: Spreadsheet calculates underproduction occurring in the month being certified. Line C2 — Monthly Production Capability: Santa Ana inputs Production Capability shown in line C2 of Worksheet 1. 9: Line C6 — Monthly Actual Imported Deliveries: Santa Ana inputs Monthly Actual Imported Deliveries shown in line C8 of Worksheet 1. The sum of volumes certified by service connection shall be equal to the input for Monthly Actual Imported Deliveries on Line C6. O:OPSEXECICONTRADWROGRAM FORMSIREPLENISHMENT AND CUP CERTIFICATION DOCUMENTATION DOC 251-12 0. S I wool 3 0 qNR Ut 251-13 0000_ �Qo�d600� o d ZP P af54 0 2 � Y @ oZ2 n z 900 K Ye h rtRp Pg� d pa p$ kik �K 4 s a dZ AR t>G �G `id uu iio " : u u e o J )JNA �� f.S4 S S �'Ec A C W _ Q�Qai'pa FZN n�a ,�i 5R U E �@ 141 0 0 O 4 h b' N Monthly Certification For Treated In -Lieu Deliveries to Storage Agency Name: Subagency Name: In -Lieu Production (includes In -lieu deliveries), AF/month Production, AF/month Underproduction, AF/month Monthly Underproduction Monthly Production Capability Monthly Actual Imported Deliveries nthly In -Lieu Credit, AF Cyclic Deliveries to Storage, AF Agency Signature (Ca) (C2) (C6) Lessor of(CS),(C2),(C6) Certification Month: (C3) (C4) (C8)�(C3)-(C4) 0 0.01 Total: Service Connection # Service Connection # - Service Connection # Service Connection # Service Connection # Service Connection # Service Connection # - Service Connection # Service Connection # Service Connection # Service Connection # Service Connection # Service Connection #' Service Connection # Service Connection Service Connection # Service Connection # Service Connection # Service Connection # Service Connection # 251-14 Date REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE! AN AGREEMENT WITH E] As Recommended ❑ As Amended HOUSTON & HARRIS PCS, INC., FOR ❑ Ordinance on 1" Reading CLOSED CIRCUIT TELEVISION ❑ Ordinance on 2nd Reading INSPECTION OF SANITARY SEWER El Implementing Resolution ❑ Set Public Hearing For SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1C & 1 } CONTINUED TO IT 7; r ? FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Houston & Harris PCS, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide closed circuit television inspections of sanitary sewer services, for a three- year period beginning August 16, 2017, and expiring August 15, 2020, with a provision for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $400,000 per year. DISCUSSION The City of Santa Ana sanitary sewer collection system is comprised of approximately 390 miles of sewer main, 2 sewer lift stations, 48,500 sewer laterals, and 8,000 sewer manholes that are used to convey all sewer effluent from the city into the Orange County Sanitation District system. In accordance with the City's Sewer System Management Plan and the State's Waste Discharge Requirements, the City must inspect assets and maintain the sanitary sewer system in good repair. Closed circuit television (CCTV) technology is used to assess the condition of sewer main and sewer manholes, and identify infrastructure system deficiencies. In the past, the City has utilized consulting firms to provide CCTV inspection of sanitary sewer services. The proposed contract for sewer CCN inspection will provide inspection of approximately 71 miles of pipeline per year. A Request for Proposals for CCTV inspection of sanitary sewer services was advertised on May 25, 2017, on the City's online bid management and publication system. Six proposals were received and evaluated by a selection committee. All firms scored above the minimum acceptable score of 70. Listed below are the responding firms, and their respective scores. 25J-1 Agreement with August 15, 2017 Page 2 Rank Houston & Harris PCS, Inc. 1 Houston & Harris PCS, Inc. 2 Innerline Engineering 3 Professional Pipe Services 4 Empire Pipe Cleaning Equipment Inc. 5 National Plant Services 6 Downstream Services Inc. Location Total Score Grand Terrace 92.73 Corona 86.88 Walnut 84.43 Orange 80.60 Long Beach 80.53 Escondido 71.63 Houston & Harris PCS, Inc., was selected as the top-rated firm. Their proposal was complete and includes all the work required to clean and inspect sewer mains and sewer manholes. Their work includes traffic control, diversion of sewage flow where needed, root cutting where required, disposal of sewage -cleaning waste, and data processing to provide and meet the City's requirements. The bid pricing was based on cost per linear feet of sewer (300,000), and per manhole (1,000) inspection. Staff recommends that Houston & Harris PCS, Inc., be retained for this project. This firm is well qualified and reputable, and possesses vast experience on similar types of projects. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) and Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs for in future budgets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $400,000 are budgeted and available for FY 2017/18 in the Sanitary Sewer Service Fund (Account No. 05617640-62300) and will be similarly budgeted in future fiscal years as follows: Accounting Unit Sanitary Sewer Service (No. 05617640-62300) FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 $400,000 $400,000 $400,000 $400,000 $400,000 25J-2 Agreement with Houston & Harris PCS, Inc. August 15, 2017 Page 3 Ft4d Mo6savipour Executive Director Public Works FM/NS/RR/KR APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director il Finance and Management Services Agency Exhibits: 1. Agreement with Houston & Harris PCS, Inc. 2. Houston & Harris PCS, Inc., Proposal 25J-3 25J-4 AGREEMENT TO PROVIDE CLOSED CIRCUIT TELEVISION INSPECTIONS OF SANITARY SEWER SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Houston & Harris PCS, Inc., 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 having special skill and knowledge in the field of cleaning, inspecting and videotaping sanitary sewer mains. On May 25, 2017, the City issued Request for Proposal 17-055, by which it sought Consultants to provide these services being completed by the City of Santa Ana Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City and submitted a responsive proposal selected by the City as described in the scope of work that was included in RFP No. 17-055 and attached as Exhibit A to this Agreement. 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: SCOPE OF SERVICES Consultant shall perforin during the tent of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total sum to be expended under the term of this Agreement shall not exceed $400,000 during each year of the Agreement, including during any renewal period as provided in Section 3. b, Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 8 2993it t - 3. TERM This Agreement shall commence on the date first written above and continue through August 15, 2020, unless terminated earlier in accordance with Section 16, below. The tern of this Agreement may be extended for one additional two (2) year renewal period from August 16, 2020 through August 15, 2022, exercisable by a writing by the City Manager and the City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or snore, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreernent, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social. security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement C'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 tune, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 Exhibit 1 25J-6 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising oat of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required. to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification Page 3 of 8 2t`J of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all 'liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10, RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a rnirumum period of three (3) yeas, 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 horns. 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. Page 4 of 8 Exhibit 1 25J-8 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, on 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. 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 ten -ns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 5 of 8 2t3it J 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 servicos which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performancc specified in the Recitals of this Agreement, 17, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 1$. 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 governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 6 of R Exhibit 1 25J-10 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Pamela Houston, President Houston & Harris PCS, Inc. 21831 Barton Road Grand Terrace, CA 92313 Fax: 909-422-0841 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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. Page 7 of 8 x ibit 2 -'� 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: —�C. A.......-...-.-. John 6611k Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager HOUSTON & HARRIS PCS, INC. Pamcla Houston President Tax ID #46-0495452 Exhibit 1 25J-12 Page 8 of 8 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers RFP NO.: 17®055 Due Date: June 20, 2017 Ma� MIM 2tP TABLE OF CONTENTS STATEMENT OF QUALIFICATIONS A. Cover Letter B. Agreement Statement C. Firm & Team Experience D. Understanding of Need E. Relevant Project Experience F. Schedule & References H. Fee SCOPE OF SERVICES & SCHEDULE CERTIFICATIONS Non -Collusion Affidavit Non -Lobbying Certification Non -Discrimination Certification ATTACHMENTS A. Organization Chart B. Resumes C. Participation Percentage of Individual Team Members ADDENDA SAMPLE WORK City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers RFP NO.: 17.055 ;—� 21831 Barton Road { Grand Terrace, CA 82313 000-022.89�I'i� F CA#864162�r,/� 1 STATEMENT OF QUALIFICATIONS A. Cover Letter B. Agreement Statement C. Firm & Team Experience D. Understanding of Need • Anticipated Approach o Implementation Coordination o Ongoing Communication o Quality and Uniformity of Deliverables • Tasks Necessary for Successful Completion o Scope of Work Summary Overview o Sewer Main Inspections o Sewer Manhole Inspections o Sewer Lateral Inspections o Data Submission o Traffic Control o As -Needed Sewer CCTV Inspection and Sewer Cleaning • Suggestions or Special Concerns E. Relevant Project Experience F. Schedule G. References H. Fee City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers RFP NO.: 17.055 - =-�.. 21831 Barton Road i Grand Terrace, CA 92313 909J122.399MttF -jam.- CA #884167 COVER LETTER Houston & Harris PCS, Inc. (Houston & Harris or H & H) is pleased to offer our proposal for RFP NO. 17, 055, Closed Circuit Television (CCN) Inspection of Sanitary Sewers for consideration by the City of Santa Ana's Public Works Agency. This proposal shall remain valid for a period of 120 days after the submission date, June 20, 2017, of said proposal. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, this proposal is made without collusion or fraudulent intentions; rather it is proposed in good faith. H & H is aware of and will adhere to the City's budget and schedule. Established in June, 1988 and incorporated as an S Corp in June, 2002, H & H has grown to become one of the largest cleaning and video service corporations in the Western states. We are committed to staying abreast of new industry developments through long, ongoing relationships with our suppliers, trade shows and manufacturer demonstrations. Having five (6) Vactor combination cleaning units, one (1) Vector jetter, six (6) video units, one (1) manhole video inspection unit and one (1) lateral launch system all equipped with R. S. Technical or Envirosight camera systems, we are capable of completing a project of this magnitude. Houston & Harris has held this contract consecutively for the past 14 years; with this experience we are certain that we understand the needs of the City and can fulfill all the contract requirements. Houston & Harris has maintained longevity of staff, with the average experience and tenure of operators exceeding 10 years, Our operators are professionals who are committed to and appreciate the high standards of Houston & Harris. Additionally, we have an experienced Quality Control Department that has demonstrated the ability and expertise needed for long term project management. Safety for our personnel and for the citizenry of the City of Santa Ana is a high priority for Houston & Harris. Tailgate safety meetings are held bi-monthly and companywide safety meetings are held bi- annually. We are in total compliance with all Federal, State and Local regulations as well as Federal and State OSHA requirements. Our Workmen's Compensation Experience Mod is 93. All work is conducted with minimal impact to the citizens of Santa Ana. Larry Houston, Field Operations Manager, having worked with the City of Santa Ana the last 14 years, will be the point of contact and Project Manager for this project. Holding the following licenses and certifications, Houston & Harris is prepared to complete this project without incident or delay: California State Contractors License # 884167 A, C61, D38 DIR Registration # 1000003580 City of Santa Ana Business License # 322849 GIS Certified NASSCO PACP/MRCP/LACP Certified HAZWOPER Confined Space Entry Certified City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers RFP NO.: 17-055 _..... 21831 Barton Road �' Grand Terrace, CA 92313 vcs''�. 90942289 CA #88416 F 77,�� V COVER LETTER First Aid/CPR Certified Traffic Control Certified The following three people are authorized to sign proposals and negotiate for Houston & Harris: Pamela Houston — President phouston@houstonandharris.com Larry Houston — Field Operations Manager Ihouston@houstonandharris.com Elizabeth Butler — Office Manager ebutier@houstonandharris.com Houston & Harris acknowledges Addendum #1 and #2. We look forward to supporting the Santa Ana Public Works Agency by providing a full scope of services delivered on time and with the highest quality. Hence fulfilling Houston & Harris' mission statement: "to provide the highest quality hydro -washing, CCTV inspection and industry -related services. Using our skilled and professional personnel, we offer innovative solutions to unique problems with an authentic personal approach" I can be contacted by phone or email to discuss any questions you may have. Thank you for the opportunity to be of continued service to the City of Santa Ana. Sincerely, Pamela Houston President Houston & Harris PGS, Inc. City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers.,_ .._... RFP NO.: 17.055 _ 21831 Barton Road Grand Terrace, CA 02313 9 P; $� 422 0841 P _.»��_ C _ r11 z/7 AGREEMENT STATEMENT Houston & Harris has reviewed the sample Standard Agreement and have no objections to anything contained within said Agreement. We are prepared to meet all requirements and agree to all aspects of the Agreement including but not limited to the Scope of Work, ownership of materials, confidentiality, insurance requirements, license requirements, termination and payment procedures. City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers __.. RFP M: 17-055 "" ---- 21831 Barton. Road U TON Grand Terrace, CA 52313 909422-89 �. CA 988416 Intentionally Blank City of Santa Ana Closed Circuit Television (CCN) Inspection of San RFP NO.: 17-055 --- " 21831 Barton Road Grand Terrace, CA 92313 RUR..,- CM4 9.422.0841 F FIRM AND TEAM EXPERIENCE Houston & Harris PCS, Inc. possesses qualifications as they relate to the scope of services and details of work phases to be completed, tasks to be accomplished and the expected deliverables of the RFP. With over 29 years of demonstrated industry knowledge and experience providing mainline cleaning services to municipalities, counties and contractors, including 14 years serving the City of Santa Ana, Houston & Harris is prepared to provide all elements outlined in the RFP. We are exceedingly familiar with the unique elements that each municipality may present and have demonstrated the ability to complete projects on time and within budget. Houston & Harris is a well -engineered corporation with all the elements necessary to successfully implement and complete this contract. Beginning as a hard working two-man partnership in 1988, we have grown to employ 26 full-time employees, including four (4) supervisory staff, fourteen (14) equipment operators, two (2) quality control staff, two (2) equipment support staff and four (4) administrative support staff; all working together as a team for the betterment of the company and the best interest of our clients. In the most difficult of economic times, Houston & Harris has maintained longevity of staff, with the average experience and tenure of operators exceeding 10 years. Our operators are professionals who are committed to, and appreciate, the high standards of Houston & Harris. In addition to our standard operations of hydro -washing and video inspection, H & H can offer the following services: i Potable waterline video inspection and cleaning with dedicated camera equipment and Vector hose and nozzles specifically for potable waterlines. CIPP (cured -in-place pipe) repairs using Source One Environmental lining materials. Can be used in pipe ranging from 6" to 24', larger sizes available with advance notice. • Above ground line locating to precisely locate a problem being seen from inside the pipe. • Potholing (hydro -excavation) to locate underground utilizes, etc. • Push Cameras for lines smaller than 4" with multiple turns and bends. • Emergency response services for spills and blockages. Team members involved with this project will be: Project Manager/Principal Agent/Contact Person Larry Houston Asst. Project Manager Brad Houston Asst. Project Manager Steve Douros IT Manager Sergio Mora Quality Control Technician Bryan Cortez City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers _... __. RFP NO,: 17-065 -- - -- �- �C; "., 21631 Barton Road Grand Terrace, CA 62313 ffiTON 909-422.69 1 F "'"' ; i ` CA #88416 FIRM AND TEAM EXPERIENCE Team members (continued) Contract Administrator Elizabeth Butler Prevailing Wage Payroll Administrator Shivon Constantine Video Camera Repair Technician Jack Wickman Safety Coordinator Bob Hillman Vector Operator Juan Machain Vactor Operator Juan Chavez Video Operator Angel Ornelas Video Operator Jeremy Avila All field personnel are Traffic Control, First-Aid/CPR, and Confined Space Entry certified. Cleaning operators are NASSCO Code of Practice approved and all video operators are NASSCO, PACP, MACP and LACP certified. Several of the field personnel are HAZWOPER certified and a number of the operators are qualified to perform both cleaning and video inspection operations. Please see Attachments for Houston & Harris' Organization Chart, Resumes and Participation Percentage of Individual Team Members. City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sowers__. RFP NO.: 17-055 �%"` 21831 Barton Road W Grand Terrace, CA 92313 �, Y"".' 9 y4Q�P T-422-0841 F UNDERSTANDING OF NEED Houston & Harris has been providing sewer cleaning, sewer main television inspection, sewer manhole inspection, sewer lateral inspection, data submission, and as -needed service requests to the City of Santa Ana for 14 years. We have a complete understanding of the unique aspects of the City's wastewater system, the City's technology, and the City's expectations for excellence. We have assembled a team of professionals with the experience to deliver the City's desired results, and has a demonstrated track record of exceeding expectations. We have thoroughly examined all elements of the RFP and are not only familiar, but experienced with the services and responsibilities required. H & H has demonstrated the capacity to effectively and efficiently perform high quality work to achieve results and City objectives. Supporting the City of Santa Ana Public Works Agency, Houston & Harris will ensure all project timelines, tasks and outcomes associated with the proposed scope of services are not only met, but exceeded. Sewer cleaning, video inspection, lateral inspection, manhole inspection and data processing all fall into the scope of expertise of our operators and staff. Houston & Harris has the following fleet of equipment available for this project: 5 Vector combination cleaning trucks — 80 GPM @ 2,000PSI • 1 Vector j etti ng truck • 1 2,000 gallon water truck • Up to 1000 feet of one inch high pressure sewer cleaning hose • Debris tanks between 9 and 15 cubic yards • All trucks are outfitted with nozzles for sewer or storm drain lines from 6 inches through 24 inches • Wide variety of specialty nozzles for larger size lines when needed 6 Video inspection CCTV vans • 1 Manhole inspection van • 1 Lateral launch system • Camera cable reels with capacity to reach up to 2000 feet Wheel and track camera transporters • 1 Mobile safety truck 2 Trailer mounted arrow boards The average tenure of the Houston & Harris camera technicians is ten years of experience in televising sewer and storm drain lines. Our video operators are knowledgeable, detail -orientated, and have excellent communication skills. Every new video technician is trained by a senior operator for a minimum of two years before they are able to inspect pipe on their own. Each camera is properly serviced and maintained by our in-house certified RST technician. Cameras are calibrated using the industry standard City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers RFP NO.: 17-055 21831 Barton Road 480USTONGrand Terrace, CA 92313 rr�,�ggpp CA #88488 3 JJL2 F UNDERSTANDING OF NEED Marconi color chart to ensure the picture you see is accurate and precise. This ensures the recorded digital video is crisp, clear and the best possible picture available. The cameras are pressure tested to make sure no leaks are found which can disrupt production or degrade the quality of the video. The CCTV vans all have pan and tilt high resolution cameras and a variety of transporters with both wheeled and tracks which can be used in lines from 4 inches through 120 inches. H & H uses WinCan sewer inspection software that will give the City a print out of the manhole to manhole inspection. A thumbnail and 3" x 3" picture are also included and a bird's eye view of the line segment with the observation and footage shown at each fault. The scope of work of outline is as follows and includes the anticipated approach, tasks necessary for successful completion, and suggestions based upon our past experience with the City: Anticipated Approach Implementation Coordination A kick off meeting will be held after the award of contract. Houston & Harris supervisors will meet with City personnel to discuss scope of services, implementation process, and all details needed to initiate a formal Notice to Proceed. On-going Communication Houston & Harris personnel will be available to City personnel to communicate progress, anticipate challenges, and coordinate accountability and outcome targets to ensure positive results. Quality and Uniformity of Deliverables Houston & Harris personnel will ensure deliverables are synchronized at the end of each workday at the City corporate yard facility. At the end of every assigned task, H & H will submit a hard drive with all the video, Win Can data base with PDF files and Jpegs to the City. All data will be provided to the City within 15 calendar days of task completion. Houston & Harris will maintain copies of all data. Digital reports will contain all of the City and RFP required information, with emphasis on quality and uniformity. Tasks Necessary for Successful Completion Scope of Work Summary Overview City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers__._ RFP NO.: 17.056 _T 21591 Barton Road t MAt Grand Terrace, CA 92313 C�90.919K122.96d1 F Based on the results of the implementation kick off meeting(s), the sewer cleaning and video inspection will start on the task, area or block of footage the City provides. Cleaning of the sewer lines will start as per the specifications of the RFP. All sewers will be cleaned within 24 hours prior to CCTV inspection except as directed by City personnel. Cleaning shall include removal of grease, roots, debris, and other obstructions to facilitate the CCTV inspection. Our operator will use the appropriate nozzle or cutter head to accomplish the cleaning as required for each section of sewer, H & H has high velocity, water jet, root cutter, and a variety of other nozzles available to ensure the pipes are sufficiently cleaned to allow for the camera to pass and document structural and operational condition of each pipe. H & H is experienced with City supplied tablet PCs and infraMAP® software. These technologies will be used to record the location of the Gleaning operation and the conditions encountered for each section of cleaned sewer main, Being experienced and trained in the use of infraMAP® will ensure at the end of each day of work, database synchronization will occur at the City corporate yard facilities. Once a line is cleaned and within 24 hours, the video truck will do the video inspection of the line. Sewer main television video inspection will be done using WinCan software specifically designed for sewer inspection and video recording. The camera will have light sources to provide a clear picture of the entire pipe. At the end of each City assigned task, Houston & Harris will submit a hard drive with all the video, Win Can data base with PDF files and Jpegs. The operator will use the tablet with infraMAP® supplied by the City to record the location. Sewer Main Inspections An `accurate to within one foot per 1000 feet' cable footage counter will be used by Houston & Harris field personnel. This cable footage will be indicated on the monitor and recorded on the video. The date of the inspection, continuous forward and reverse readout of camera distance from referenced access hole, the upstream and downstream manhole with an arrow indicating flow direction, the size of the pipe, the name of the street, the iWaterlD, the time of day and the project location name as supplied by the City will be displayed continuously on the monitor and recorded on the video. The color overlay information will be adjusted to ensure legibility. The footage relative to the center of the manhole at the start of each run will be set to accurately reflect a center of manhole starting position of 0.00 regardless of where along the pipe and at what footage the run begins. The inspection will begin by recording with the view looking from street level down the manhole. Video recording will be uninterrupted until the completion of the inspection at the next manhole. Pipeline information will be displayed at the start of each run per the specifications. Video personnel will ensure prior approval before recording of video against the flow or passing through interim manholes. All H & H video operators exceed the two-year experience requirement. The pipeline section information will be displayed on screen and the operator will do a voice over at the start and end of each section information to record conditions. The audio narration will include identification of the sewer main location by street intersection location or street address, the City manhole number, inspection direction of upstream or City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers__.... __.... RFP NO.: 17.055 ,7f`^" 21831 Barton Road OUSTON Grand Terrace, CA 92313 909d2Z89g-p}�Qcgrpy�t 1 F -"` CA #88418L da/ �L downstream, and complete descriptions of the line conditions as they are encountered. H & H field personnel recording the audio will ensure the audio is free from background noise or any other interference that may impact the quality of the audio. The digital video will include locations of laterals, indicated infiltration, cracks, deflected joints, collapsed sections, exfiltration, misalignment, roots, deposits, and other conditions or data pertinent to the physical condition of the sewer. All defects shall be rated/scored and logged in accordance with NASSCO guidelines. If the camera is unable to complete a pipe section, the operator will do a reverse set up from the next manhole. If a grade five condition is found, the camera operator will contact the City's project manager with the manhole number (s) and iWaterlD. At all points within the sewer showing defects, laterals and sewer appurtenances, the Houston & Harris field personnel will stop the camera and tilt/rotate up to 360 degrees to ensure complete video coverage. H & H field personnel will stop and back up the camera to view unusual or uncommon conditions, focusing on high quality images at all times. As required, all traffic control will be done by Houston & Harris per the Work Area Traffic Control Handbook (WATCH) manual. Residential streets will be done using standard traffic control. Low traffic volume on arterial streets will be done during daytime off peak traffic hours. High traffic volume on arterial streets will be done at night. The City's project manager will be informed whenever night time work is scheduled. High flow volume pipes will be completed at night, usually between the hours of 10pm and 5am, as directed by the City. At the end of the working day, or as requested by the City, Houston & Harris field personnel will synchronize the data collected to the City provided PC tablet to ensure the most up to date information is saved. Sewer Manhole inspections Houston & Harris field personnel will perform all sewer manhole inspections using NASSCO standards by the Manhole Assessment Certification Program (MRCP) level 1 format. All defects will be detailed using MACP coding, with a minimum of three digital pictures provided looking down the manhole. The inspection will provide a depth measurement in inches from the top of the manhole to the bottom of the sewer channel to be included in the report. At the completion of a section or task of manhole inspections, a hard drive will be provided to the City. Sewer Latera/ Inspections As required by the City, Houston & Harris will provide inspection of sewer laterals via a main line launched camera. Sewer lateral inspections will be done using LACP, Lateral Assessment Certification Program coding as provided by NASSCO. Lateral inspection will be done at a speed no greater than 20 feet per minute. The City will determine the number of feet up the lateral to include in the inspection. Options for inclusion are to the curb line, property line, or house cleanout. A specific footage can also be determined, City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers,_. RFP NO.: 17-055 --- "- - - 21831 Barton Road Grand Terrace, CA 92313 ARRM__ ,,. ..... W1 9�9.422.0841 F UNDERSTANDING OF NEED Data Submission Houston & Harris will visually inspect, digitally encode video, and provide digital logs of all inspected sewers using a format/software chosen by the City. Our Quality Control personnel will ensure video images are clear, focused and relatively free from roll, static or other image distortion qualities. Database elements will include inspection tables with run numbers, operator name, date, weather conditions, City supplied database number, address or intersection of the starting manhole, direction of the inspection in relation with the flow, sewer numbers as supplied by the City, pipe material, diameter, length of the sewer, starting manhole ID number and the ending manhole ID number. An assessment table will include the run number, starting and ending footage of every observation, applicable assessment code, assessment code translation, additional remarks, starting and ending clock positions of observation, where applicable. All formats will be approved by the City. A sequential numbering system will be used as specified by the City. All data will be provided to the City within 15 calendar days of task completion. Houston & Harris will maintain copies of all data. Digital reports will be in pdf format and contain all of the City and RFP required information, with emphasis on quality and uniformity. Traffic Control Houston & Harris field personnel conform to the WATCH protocols. Flashing arrow boards will be used on arterial streets. All vehicles and/or towed equipment will be identified by magnet signs as "City of Santa Ana Authorized Contractor". All federal, state and local rules, regulations, ordinances, and statutes will be followed at all times. Company personnel are experienced and professional, with a history of excellent customer service to city residents, businesses, government officials and City staff. As -Needed Sewer CCTV Inspection and Sewer Cleaning Houston & Harris will provide estimates for as -needed sewer CCTV inspection and/or sewer cleaning as requested by the City. We have the capacity to respond to special and/or emergency requests within 24 hours. Suggestions or Special Concerns After working closely with the City of Santa Ana for 14 years, Houston & Harris has established an outstanding working relationship with City personnel. Together our combined staff engage in professional communication which has resulted in continuous improvement of systems and processes and has ensured high performance. It is our hope to continue with this collaborative 21831 Barton Road Grand Terrace, CA 92313 909422.891 F r- CA 988416M M Intentionally Blank City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewlerg_... _._.. RFP N0.: 17.055 -- .,.....__._._ 21831 Barton Road Grand Terrace, CA 82313 88 422-0841 F r CW —L RELEVANT PROJECT EXPERIENCE Houston & Harris PCS, Inc. Mission Statement: To provide the highest quality hydro -washing, CCTV inspection and industry -related services. Using our skilled and professional personnel, we offer innovative solutions to unique problems with an authentic personal approach. Houston & Harris has extensive experience successfully serving public agencies. The following is a list of relevant projects completed within the past five years along with a brief project description, year completed, client name, and contract contact information. Cleaning and closed circuit television inspection of sanitary sewer mains and related support services • City of San Bernardino: 3'/2 years on-going - clean and video approx. 869,000 LF Contact: Mike Ellison; 951-259-2621 • City of Buena Park: 5 years yr. to yr. contract - clean and video approx. 490,000 LF Contact: Jeff Townsend; 714-562-3670 • City of Running Springs: yr. to yr. contract - clean and video approx. 92,000 LF Contact: Isaiah Hall; 909-744-7149 • City of Santa Ana: 14 years - clean and video approximately 3,600,000 LF Contact: Rudy Rosas; 714-647-3379 • Coachella Valley Water District: 1 year contract - cleaning 889,900 LF - video 175,000 LF Contact: Juan Martinez, 760-398-2651 Ext. 3629 • City of Beaumont: Year 1 of a 5 year contract - clean 144,000 LF - video 36,000 LF Contact: Joe Shaw; 951-769-8520 Ext. 324 • City of Placentia: Year 1 of a 3 year contract - clean 396,000 LF - video 50,000 LF Contact: Joel Cardenas; 714-993-8134 • City of Orange: Year 1 of a 5 year contract - clean approx. 186,870 LF - video as requested Contact: Ruben Hernandez; 714-532-6480 Cleaning only of sanitary sewer mains and related support services + Edgemont Community Services District: 14 years on-going - clean 90,000 LF Webb Associates contact: Sinnaro Yos; 951-320-6033 • Home Gardens Community Services District: 13 years on-going — clean 90,000 LF Contact: Janey Gress; 951-735-2368 City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers_.... RFP NO.: 17-655 21831 Barton Road Grand Terrace, CA 923311333 $ 909422-897{1�L1 F 10 _ CA 088416 J RELEVANT PROJECT EXPERIENCE Closed circuit television inspection only of sanitary sewer mains and related support services • City of Chino: 6 years - video 240,000 LF Contact: Joe Cavalier; 760-559-4878 • City of Newport Beach: Year 4 of a 10 year contract - video 733,000 LF Contact: Mike Lynch; 949-279-8323 • City of Corona: Year 1 of a 5 year contract - video 332,000 LF Contact: Gene Silvas; 951-903-9039 • Santa Ana Watershed Project Authority: 3 years on-call Contact: Carlos Quintero; 951-354-4234 • City of Big Bear Lake: on-going — video 25,000 LF — 330 lateral launches Contact: Joseph A. Cylwik; 909-866-5831 Ext. 127 City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers, __.. RFP No.: 17-055 ----- - --- �^A 21831 Barton Road iflu Grand Terrace, CA 92313 B�Q422.0841 F SCHEDULE Based on the assigned tasks being of various sizes, Houston & Harris PCS, Inc. will adhere to the following procedure: Upon receipt of assigned task, Houston & Harris will begin cleaning and video inspection within five (5) working days. Once started, we will be onsite Monday through Friday from 7:00 AM until 3:30 PM daily until the task is completed. To complete the yearly assigned footage and allow for a smooth transition from one task to the next, we offer the following suggestion: Houston & Harris averages between 3,200 and 3,500 LF of cleaning and video inspection per day. Using these figures and based on the size of the task presented, the number of days can be estimated from the beginning of one task until the next task will need to be issued. For example, if a new task has 80,000 LF and it is divided by 3,200 LF per day, it would take roughly 25 working days to complete. Therefore, the City could anticipate the need for the next assigned task in approximately 5 weeks. The scheduling of operators and equipment for a task would be determined by the size of the task, pipe size and if the City is requiring the task to be completed in a specific time -frame. With advance notice, we have the capability to complete any task the City may present. Houston & Harris has personnel for emergency work 24/7 on-call for cleaning and video. The on-call operators and equipment can also be utilized for storm drain and overflow situations where the City may need additional manpower and equipment. Current Workload and Accommodation for This Contract Presently Houston & Harris has fourteen (14) on-going contracts. Four (4) of these will reach completion soon. Of the remaining contracts four (4) are cleaning and video, three (3) are cleaning, and three (3) are video inspection. In addition to the on-going contracts we also have short-term contracts and daily work throughout the year. This work is scheduled based on the manpower and equipment required, the need of the client, and our contract schedule. On-going contracts always take priority. The equipment & personnel currently assigned to the existing City of Santa Ana contract would remain the same as well as the prioritized scheduling. Please see Scope of Services and Schedule for complete details on work phases, the tasks to be accomplished and the provided deliverables. City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers,. RFP NO.: 17-055 21631 Barton Road JOUSTON Grand Terrace, CA 92313 �"''` 999-422-89 ((gg��1 F .�""_"`"-""_""' - CA#96416IS"V Intentionally Blank City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary S RFP NO.: 18955 --- -' 21831 Barton Road W TOM Grand Terrace, CA 92313 RIn es.: 899 9 •422A841 F ~" A 1 CA, REFERENCES Houston & Harris PCS, Inc. is pleased to provide the following three (3) public entities as references: City of Buena Park Contact: Jeff Townsend; 714-562-3670 Cleaning and Video Inspection —12 years annual on-going contract City of San Bernardino Contact: Mike Ellison; 951-259-2621 Cleaning and Video Inspection — 3.5 years annual contract with scheduled completion of June 30, 2017 Home Gardens Sanitary District Contact: Janey Gress; 951-735-2368 Cleaning with as -needed Video Inspection —13 years annual on-going contract City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers RFP NO.: 17.055 —" 21831 Barren Road Grand Terrace, CA 92313 909-02281 F ":� "' CA#8841qM_JL Intentionally Blank City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers. RFP NO.: 17.055 _. 21831 Barton Road +ON Grand Terrace, CA 92313 422.0841 F Please see Fee Proposal in separate sealed envelope City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers.. RFP NO.: 17.085 ..._ _- .,... ..-- _ . —.� --- .'—�:� 21831 Barton Road Grand Terrace, CA 82313 '� "` 909 -422 -BM 10 41 F Intentionally Blank City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers.... _.. _.. RFP NO.: 17.055 _. , .:,.^:. .... 21831 Barton Road O jGrand Terrace, CA 92313 xY 00�99a22-08A1 F SCOPE OF SERVICES Houston & Harris PGS, Inc. proposes the following phases, tasks to be completed and deliverables for this project: Phase 1— Implementation After the Standard Agreement is fully executed and all required documents received, including the payment information packet, the terms of the Agreement will begin. A kick-off meeting will be held with the City personnel and Houston & Harris team in attendance. Introductions will be made and the following Scope of Services will be discussed. At this time any questions or concerns will be addressed and the first task along with corresponding maps will be presented for completion. Houston & Harris will await the Notice to Proceed before beginning the first task. The following phases will be repeated as new tasks are presented throughout the contract. Phase 2 — Cleaning/Video Inspection — per Statement of Qualifications, Understanding of Need A standard work day consist of: Sewer Mainline Cleanino 1. Arrive at the City yard at 6:30 A.M. 2. The operator(s) will do a 'vehicle walk around safety inspection', check the fluids and equipment to be used. 3. The cleaner and video operators review the area and lines to be cleaned and inspected. 4. After filling the truck with water, the cleaner will drive to the first manhole to be cleaned. Operator will set up appropriate traffic control based on location and W.A.T.C.H. Manual. 5. Before opening the manhole the operator will use a gas detector to check for any hazardous gas that may be present. 6. Once gases have been monitored and deemed safe, he will remove the manhole cover, select the appropriate nozzle and skid for the pipe size and lower the nozzle into the upstream portion of the pipe. 7. The operator will increase the water pressure, as necessary to propel the nozzle and hose forward. Depending on the distance from manhole to manhole the operator will overlap the upstream manhole by a distance of 10 feet to ensure no debris is left in the pipe or invert of the upstream manhole. 8. Once the nozzle has reached the upstream manhole plus 10 feet, the operator will reduce the water pressure and begin the retrieval at a rate no more than 3 feet per second. Any debris in the City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers RFP N0.: 17.055 Py'"\ 21831 Barton Road Grand Terrace, CA 92313 909.422.89 JBIBi F r. CA #118416 �� SCOPE OF SERVICES line will be brought back and vacuumed up by the vacuum system on the truck at the downstream manhole. 9. After completion of the cleaning, the operator will replace the manhole cover, retrieve traffic control items and continuing to the next manhole using the same steps, 4 - 9. 10. Once a line is cleaned, video inspection occurs with 24 hours. 11. When the cleaning truck is full of debris, the H & H Project Manager will notify OCSD and schedule a time for the disposal of the debris. Sewer Mainline Video Inspections 1. Arrive at the City yard at 6:30 A.M. 2. The operator(s) will do a 'vehicle walk around safety inspection', check the fluids and equipment to be used. 3. The cleaner and video operators review the area and lines to be cleaned and video inspected. 4. Arriving at the manhole, the video Operator will set up appropriate traffic control based on location and W.A.T.C.H. Manual. 5. Before opening the manhole, the operator will use a gas detector to check for any hazardous gas that may be present. 6. Once gases have been monitored and deemed safe, the operator will remove the manhole cover. 7. Video inspection will be done using WinCan software. 8. The inspection will begin by recording with the view looking from street level down the manhole. Video recording will be uninterrupted until the completion of the inspection at the next manhole. Pipeline information will be displayed on the video at the start of each run per the specifications. A running screen will be on the video showing M/H to M/H, pipe size, pipe type, date and time. 9. The footage will be onscreen at all time showing the footage from the manhole to the cameras location in the pipe. 10. The pipeline section information will be displayed on screen and the operator will do a voice over at the start and end of each section information. 11. The camera will stop at all laterals, infiltration, cracks, deflected joints, misalignment and other conditions or data pertinent to the condition of the pipe. All defects shall be rated/scored and logged in accordance with NASSCO guidelines. If the camera is unable to complete a pipe section, the operator will do a reverse set up from the next manhole. City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers....,._ RFP NO.: 17.555 at i DU TON xxa,: 21831 Barton Road Grand Terrace, CA 92313 9O C=tJf42U841 F SCOPE OF SERVICES 12. If a grade 5 condition is found, the camera operator will contract the City's project manager with the Manhole(s) number and iWater I.D. 13. If any discrepancies are found on the City maps or infraMap software, H & H operator will promptly notify the City's project manager. 14. Upon completion of each run, the manhole cover is replaced, traffic control items are retrieved and the truck moves on to the next manhole, using steps 4 —14. 15. At the end of the working day, or as requested by the City, we will synchronize the data collected from the City provided PC tablet to the City computer in the city yard. 16. As required, all traffic control will be done by Houston & Harris per the W.A.T.C,H. manual. Residential streets will be done using standard traffic control. Low traffic volume on arterial streets will be done during daytime off peak traffic hours. High traffic volume on arterial streets will be done at night. The City's project manager will be informed whenever night time work is scheduled. 17. At the end of each City assigned task, Houston & Harris will submit a hard drive with all the video and WinCan data base with PDF files and Jpegs. The operator will use the tablet with infraMAP supplied by the city to record the location. Sewer Manhole Inspections The manhole inspection will be completed as per the above Sewer Mainline Video Inspection procedure with the following exceptions: 1. All manhole inspection will be done in MACP level 1 format. 2. Any defect will be detailed using MACP coding. 3. A minimum of 3 digital pictures will be provided looking down the manhole. 4. A measurement from the top of the manhole to the bottom of the sewer channel will be included in the report. The measurement will be done in inches. 5. At the completion of a section or task of manhole inspections, a hard drive will be provided to the City. Sewer Lateral Inspections The lateral inspections will be completed as per the above Sewer Mainline Video Inspection procedure with the following exceptions: 1. All sewer lateral inspections will be done using LACP format. City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers ................ RFP NO.: 17.055 -- -. 21831 Barton Road Grand Terrace, CA 92313 '`''�` 989-022.89n-�7rm�.c�Iplry', r�1�p E .. CA #884111 SCOPE OF SERVICES 2. Lateral inspections will be done at a speed no greater than 20 feet per minute. Phase 3 — Deliverables Every inspected line segment is reviewed by our Quality Control Department. We have a dedicated full- time NASSCO PACP Certified Quality Control technician who ensures every video inspection meets our stringent standards. Houston & Harris' Quality Control procedure 1. At the end of each working day our video operator turns in a digital hard drive to our QC Department for review. 2. All data entered in the database is checked for accuracy. The data is compared to the City's map and to an Excel spreadsheet supplied by the City, which includes all line segments for the entire sewer system. During this process wash logs checked and cross referenced with the data provided by the City to ensure all information is accurate. 3. Once data has been reviewed for accuracy our QC technician will view each video in its entirety. The recorded video will be checked for quality and audio will be checked it is free from electrical interference, feedback, hum, and background noise. The recorded video must be clear, free of distortion and interference. If the video is deemed to be of poor quality due to interference, feedback, etc. or the line needs to be re -cleaned, it will be re -inspected and/or re -cleaned and re- inspected at no cost to the City. 4. During the QC process all lines are reviewed for proper logging of each defect. All defects must be accurately coded using NASSCO's Pipeline Assessment Certification Program. If, during the QC process, the line is determined to be unsatisfactory, the line is rejected and re -inspected at no cost to the City. 5. Once the lines have passed the QC process, the data is backed up on multiple hard drives to ensure no information is lost if the working hard drive should fail. 6. All line segments will be logged on an Excel spreadsheet for billing purposes. This would include all video and wash data. The spreadsheet also allows us to track the current task and to view any past tasks up to five (5) years prior. The following 4 -step process is completed prior to delivering data to the City: 1, Breaking down the current task into folders with unique database numbers which are provided by the City. Each folder will contain subfolders with the following data: WMV Videos, Jpegs, (1) Microsoft Access Database (MDB) and Electronic Reports PDF). City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Beware_._ RFP No.: 17-055 1 21831 Barton Road Grand Terrace, CA 92313 90M.422A841 F .a C SCOPE OF SERVICES 2. The Microsoft Access Database (MDB) will be 'cleaned up." All blank and empty spaces within the data base will be eliminated to ensure proper implementation into the City's GIS System. 3. Print out hard copy reports, along with a summary report for each line segment. This summary report includes the operator, date, from/to manhole numbers, pipe size, material and length inspected, During this process, a PDF report is generated for pipe segment that was inspected. 4. Convert all MPEG Videos to WMV (Windows Media Video). This ensures the City's specs are met. During this process, the original video size will be reduced by about 40% of the original size, while still providing a high quality video. The digital media delivered to the City will be labeled with the following information: Street name or location Date of inspection Contractor name Video technician name Pipe size, material and total length The City designated start and ending manhole numbers Direction of inspection Data base number NASSCO rating scores Observation, comments, lateral references with footage and video clock Pipe line segment using iWater ID Each data base will have run numbers in sequential order starting with one (1) Once completed, all data (including WMV Videos and Jpegs, Microsoft Access Database and Electronic Reports) will be downloaded to a USB 3.0 External Hard Drive and delivered to the City within 15 calendar days of the video inspection. Scheduling Based on the assigned tasks of varying footage totals, Houston & Harris PCS, Inc. will adhere to the following procedure: Upon receipt of assigned task, Houston & Harris will begin cleaning and video inspection within five (5) working days. Once started, we will be onsite Monday through Friday from 7:00 AM until 3:30 PM daily until the task is completed and will follow the cleaning and video inspection procedure as set forth above in Phase 2 and Phase 3. To complete the yearly assigned footage and allow for a smooth transition from one task to the next, we offer the following suggestion: Houston & Harris averages between 3,200 and 3,500 LF of cleaning and video inspection per day. Using these figures and based on the size of the task presented, the number of days can be estimated City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers_,_. RFP NO.: 17-055 r:-�`�; 21831 Barton Road Grand Terrace, CA 92313 909-422.89={k' 061 F `� CA #8841 -LLQ} SCOPE OF SERVICES from the beginning of one task until the next task will need to be issued. For example, if a new task has 80,000 LF and it is divided by 3,200 LF per day, it would take roughly 25 working days to complete. Therefore, the City could anticipate the need for the next assigned task in approximately 5 weeks. The scheduling of operators and equipment for a task would be determined by the task size, pipe size and if the City is requiring the task be completed in a specific time -frame. With advance notice, we have the capability to complete any task the City may present. Houston & Harris has personnel for emergency work 24(7 on-call for cleaning and video. The on-call operators and equipment can also be utilized for storm drain and overflow situations where the City may need additional manpower and equipment. Current Workload and Accommodation for This Contract Presently Houston & Harris has fourteen (14) on-going contracts. Four (4) of these will reach completion soon. Of the remaining contracts four (4) are clean and video, three (3) are cleaning contracts and three (3) are video inspection contracts. In addition to the on-going contracts we also have short-term contracts and daily work throughout the year. This work is scheduled based on the manpower and equipment required, the need of the client and our contract schedule. On-going contracts always take priority. Regarding accommodating this project, the equipment & personnel currently assigned to the existing contract would remain the same as well as the prioritized scheduling. City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers__. RFP NO.: 17-055 f 21031. Barton Road M<s Grand Terrace, CA 02313 90 (� 0�gg•422.0841 F CERTIFICATIONS A. Non -Collusion Affidavit B. Non -Lobbying Certification C. Non -Discrimination Certification City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers _._. RFP NO.: 17055 ---_ 1' 21831 Barton Road ' Grand Terrace, CA 92313 CA #88 .86M,-412 F CA 118841 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 prosecution. Signed State of Cal' rnia County of '&�W 0 Subscribed and sworn to f(or affirmed) before me on this 16�ay of by � P %%P�l 7_011 , proved to me on the basis of satisfac be the persono who appeared before me .1ARPREET KA ky , k9Lv- Notar Public Signature My Notary Public Seal 20 ence to Page I of I 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 making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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. Signed:y� e� / Title: President Firm: Houston & Harris PCS, Inc. Date: June 19, 2017 cfJlb44 Page t of t NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 50-46 Page 1 oft The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: 1 u J fir, w Title: President Firm: Houston & Harris PCS, fro. Date: June 19, 2017 446 Page 2 of 2 ATTACHMENTS A. Organization Chart B. Resumes C. Participation Percentage of Individual Team Members City of Santa Ana Closed Circuit Television (CCN) Inspection of sanitary Sewers RFP NO.; 17-055 - —� ,. 21639 Barton Road Grand Terrace, CA 92313 f CA 88 -tiY�y(3 41 P CA #8341 #8841&31 | d0 ©� 2 R�*; � � /\ f& 2 \ 7 $. ƒ2 a. ».: L E CLCo — \ \ ƒ ?m~ . c |�0 § \/� o «± | d0 ©� 2 R�*; � � /\ f& 2 \ 7 $. ƒ2 a. | d0 ©� 2 R�*; � TEAM MEMBER Pamela Houston — President Over 40 years of work experience in office management and accounting, with over 29 of those years in the wastewater industry. Holds a Bachelor's degree in Office Administration. Integral in building and implementing company's organizational mission, goals, and image to ensure success. Well versed in contract management, human resources, and professional development. Driven to maintain business vision. Responsibilities Oversee daily organizational operations Review and Approval of Contracts, Loans, Leases, Capital Purchases and Insurance Develop Occupational Safety and Safe Work Practices Develop Work Plans and Schedules using Standardized Processes Monitor Compliance with Federal and State Statutes Oversee All Aspects of Financial Reporting including Sales, Costs, Expenses and Profits Ensure Maximum Organizational Potential through Customer Satisfaction Evaluate Organizational Performance Monitor Cash Flow and Operational Expenses City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers_., _ RFP NO.: 17-055 _ _._.. 21931 Barton Road Grand Terrace, CA 92313 CA #8841 y(y�§41 F TPik IC�i. Larry Houston - Project Manager Over 30 years of work experience in the construction and wastewater industries. Principal contracting experience includes sewer, water line, and other pipeline systems, grading, trenching, paving and surfacing, and related cement and concrete work. Responsibilities Oversees Daily Field Operations Conducts Site Reconnaissance Liaison on Municipal Contracts Vector and Video Inspection Training Participates in Capital Investment Process Participates in Contract Bidding Process Certifications and Licenses California Class A Commercial Driver's License California Contractors License A- General Engineering, C-61 - Specialty, D -38 -Sand and Water Blasting Hazwoper Certified NASSCO Certified Confined Space Entry - Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers._, RFP NO.: 17-055 21631 Darien Road TON xas Grand Terrace, CA 92313 CA 884'I� d�41 F HAMINAM40W Steve Douros —Assistant Project Manager In excess of 40 years of work experience in the wastewater industry including background with both cleaning and video inspection of sewer and water lines in addition to retail sales knowledge of all sewer industry related equipment. Attended Saddleback College Management School. Responsibilities Assists in Overseeing Field Operation Liaison on Municipal Contracts Contract and Special Project Estimator Conducts Site Reconnaissance Vector and Video Inspection Training Certifications and Licenses California Class B Driver's License NASSCO Certified Confined Space Entry — Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers RFP NO.: V-055 --- �,* 21831 Barton Road Grand Terrace, CA 92313 YOUAR,o„� 909-422yx,+,� Al F �.-...... CA #884 'd TEAM MEMBERS Bryan Cortez— Quality Control Technician 13 years of work experience in the wastewater CCTV industry. Detail oriented and excels in quality control with driven concentration skills, Knowledge of requirements of individual contracts and ensures these requirements are being met. Knows NASSCO Coding. Attended Crafton Hills College. Responsibilities Ensure all video data is correct, accurate, and done specifically to the requirements of each contract Certifies quality of CCTV video and audio is free of distortion, humming, or any interference Confirm all inspected pipe has been coded according to NASSCO'S Pipeline Assessment Certification Program Report all unacceptable inspected segments to IT Manager immediately for review Prepare final report for IT Manager when all video has passed quality assurance and backed up on multiple hard drives Ensures all work is on time and without error Certifications NASSCO Certified TEAM MEMBERS Jeremiah Avila — Video Inspection and Vactor Operator Over 7 years work experience as CCTV video inspection and Vactor operator. Displays excellent operational and detail -oriented skills. Outstanding communication skills with customers and administrative staff. Troubleshooting and minor repair capabilities. California Class B Driver's License. Responsibilities Assume lead role on clean & video projects Read and comprehend client -provided maps Provide accurate, error -free video inspection for municipal contracts, engineering firms and private contractors per NASSCO PACP coding Follow all specific contract guidelines and requirements Daily synchronization of City infraMap with City software Complete all required documentation for each specific task including work orders and daily time sheets Provide excellent customer service to all clients, acting in a professional manner Troubleshoot and make minor repairs when needed Comply with all safety procedures and practices regulated by the Federal, State and Local governments Comply with all Federal and State OSHA regulations Comply with Houston & Harris Company Handbook Maintain safe accident -free driving record Certifications CA Class B Driver's License NASSCO Certified Confined Space Entry — Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified Sample Work Experience 21831 Barton Road Grand Terrace, CA 92313 90942M 1 F CA #88416 Angel Ornelas — Video Inspection and Vactor Operator Over 15 years of work experience as CCTV video inspection and Vector operator. Displays excellent operational and detail -oriented skills. Outstanding communication skills with customers and administrative staff. Troubleshooting and minor repair capabilities. California Class B Driver's License. Resoonsibilities Assume lead role on clean & video projects Read and comprehend client -provided maps Provide accurate, error -free video inspection for municipal contracts, engineering firms and private contractors per NASSCO PACP coding Follow all specific contract guidelines and requirements Daily synchronization of City infraMap with City software Complete all required documentation for each specific task including work orders and daily time sheets Provide excellent customer service to all clients, acting in a professional manner Troubleshoot and make minor repairs when needed Comply with all safety procedures and practices regulated by the Federal, State and Local governments Comply with all Federal and State OSHA regulations Comply with Houston & Harris Company Handbook Maintain safe accident -free driving record Certifications CA Class B Driver's License NASSCO Certified Confined Space Entry — Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified Sample Work Experience City of Santa Ana — Clean and Video contract City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary_ Sewers_.... _.. RFP NO.: 17.055 21831 Barton Road Grand Terrace, CA 92313 _"" 98912289 1 F CA #88416 ff Ili Ii Juan Chavez— Vector Operator Over 12 years of work experience as Vector combination cleaning unit operator, Principal work experience includes ability to read city maps, operate Vector unit, utilize appropriate nozzle and determine most efficient approach to cleaning specific sewer lines, storm drain lines, water lines, tanks, culverts, wet wells, etc. Responsibilities Clean to facilitate sewer lines, storm drain lines, water lines, wet wells, culverts, etc. Perform hydro -excavating with accuracy in regards to location and depth Ability to read and comprehend client -provided maps Follow all specific contract guidelines and requirements Complete all required documentation including but not limited to daily cleaning logs, work orders and daily time sheets Provide excellent customer service to all clients, acting in a professional manner Provide troubleshooting and minor repairs when needed Comply with all safety procedures and practices regulated by the Federal, State and Local governments Comply with all Federal and State OSHA regulations Comply with Houston & Harris Company Handbook Maintain safe accident -free driving record Certifications CA Class B Driver's License Confined Space Entry-- Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified Sample Work Experience City of Buena Park — Clean and Video — completed Oct., 2016 $100,000. City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Servers ,. _ ,_... _..... _. RFP NO.: 17-055 ---- -- -'-"^^�; 21831 Barton Road Grand Terrace, CA 92313 909-422.89�? 1 F CA ti88416 3tg A Juan Machain — Vector Operator Over 11 years of work experience as Vector combination cleaning unit operator. Principal work experience includes ability to read city maps, operate Vector unit, utilize appropriate nozzle and determine most efficient approach to cleaning specific sewer lines, storm drain lines, water lines, tanks, culverts, wet wells, etc. Bi -lingual Spanish and English. Responsibilities Clean to facilitate sewer lines, storm drain lines, water lines, wet wells, culverts, etc. Perform hydro -excavating with accuracy in regards to location and depth Ability to read and comprehend client -provided maps Follow all specific contract guidelines and requirements Complete all required documentation including but not limited to daily cleaning logs, work orders and daily time sheets Provide excellent customer service to all clients, acting in a professional manner Provide troubleshooting and minor repairs when needed Comply with all safety procedures and practices regulated by the Federal, State and Local governments Comply with all Federal and State OSHA regulations Comply with Houston & Harris Company Handbook Maintain safe accident -free driving record Certifications CA Class B Driver's License Confined Space Entry— Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified Sample Work Experience City of Santa Ana -- Clean and Video — completed Oct., 2016 $400,000. Elizabeth Butler— Office Manager Over 25 years of work experience in accounting and office administration. Principal work experience in office management, human resources, accounting, and computer software. Emphasis in accounts receivable, accounts payable, and contract tracking. Responsibilities Oversee daily office operations Ensure communication between office and field staff Process account data, including bank transactions and reconciliation Monitor contract progress for billing purposes Establish policies and procedures to ensure compliance with Generally Acceptable Accounting Principles Prepare financial reports Communicate with insurance brokers and ensure appropriate coverage meeting contract and organizational requirements Provide professional development, as needed, to ensure staff are informed of billing requirements Monitor bid preparation and oversee all aspects of bid timelines Communicate with customers to provide quote information as well as ensure customer satisfaction Supervise and evaluate assigned staff — assistant office personnel and Payroll/Human Resource Administrator Certifications Post -secondary coursework in accounting and computer programs. City of Sauta Ana Closed Circuit Television (CCTV) Inspection of Sanitary Servers RFP NO.: 17-055 -- _ ,✓ 21831 Barton Road. Grand Terrace, CA 92313 s _ 909422-8 2jtjPL8j41 F CAit8841 IIII A1LY, Iiv, 1:4IT, 1 4 Shivon Constantine — Payroll and Human Resources Over 15 years work experience in the payroll and human resources field. Principal work experience includes weekly corporate payroll, Prevailing Wage computation, documentation and DIR reporting, all aspects of human resources including benefits, insurances, retirement funds and PTO (Paid Time Off). Excellent communication and counseling skills. Bachelor's Degree in Psychology from Hayward University. Responsibilities Computing and reporting weekly corporate payroll to outsourced payroll company Maintain Prevailing Wage documentation and provide DIR reporting Review all health insurance and Workmen's Compensation policies Confers with outsourced Labor Management Company regarding updating company handbook Develops hiring practices and creates job descriptions Participates in the interviewing process and assures all labor laws are obeyed Responsible for Safety Coordinator position and his/her job performance Certifications CPR1First Aid Post -secondary coursework in Prevailing Wage Payroll and Human Resources City of Santa Ana Closed Circuit Television (CCTV) inspection of sanitary servers RFP NO,: 17-055 —..'. ------ ,�'"'� , 21831 Barton Road Grand Terrace, CA 92313 Ju 909-022.8 . V V%gi F CA 88841 1-IIUMi�i� Jack Wickman — Camera Repair Technician Over 25 years work experience as an electronic and mechanical technician in the wastewater CCTV industry. Principal work experience includes repair and maintenance of video cameras, transporters and other electronic equipment. Research and development including fabrication. Extensive knowledge in the electronics field. Troubleshooting electrical malfunctions. FCC Licensed Broadcast Engineer. Training received from R S Technical Services, camera manufacturer, Responsibilities Repair and maintain all R S Technical video cameras, transporters, line locators, etc. Purchase all necessary parts to repair and maintain video and electronic equipment Troubleshoot electrical issues with various equipment and vehicles Design and fabricate equipment for special projects Certifications FCC Licensed Broadcast Engineer R S Technical Training Confined Space Entry — Operations/Rescue Certified CPR/First Aid Certified City of Santa Ana Closed Circuit Television (CCTV) inspection of Sanitary Sewers RFP NO.: 17.055 ,. .... -- „r`<4, 21831 Barton (toad IN J? MON Grand Terrace, CA 92313 909.422.8�° `}�Qb1 F CA #8841 Robert Hillman — Safety Coordinator Three years' work experience in all aspects of corporate safety program. Develops safety practices, assures compliance with Federal, State and Local safety regulations and Federal and State OSHA requirements, conducts safety meetings, procurement of safety equipment and supplies. Heavy equipment operator. Associates degree Grossmont Junior College, Responsibilities Maintain company and individual employee safety records Develop safety practices Ensure compliance with Federal, State and Local safety regulations Ensure compliance with Federal and State OSHA requirements Conduct new hire safety orientation and issue company safety bags Conduct tailgate safety meetings bi-weekly Conduct bi-annual company safety meetings Investigate and recommend new safety equipment Purchase and stock all required employee safety gear Schedule in-house safety training classes for employees -- CPR/First Aid, Confined Space Entry — Operations/Rescue, Traffic Control and Flagger Maintain vehicle safety records Certifications Confined Space Entry — Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified Cal OSHA Compliancy Course City or Santa Ana Closed Circnit'relevision (CCTV) Inspection of Sanitary Sewers RFA NO.: 17-055 21831 Barton Road �' TON Grand Terrace, CA 92313 ecs.:c ._ 999.0.22.BY&Pi 1 F .. u .��' CA #8841V. PERCENTAGE OF DEVOTED TIME FOR EACH KEY PERSONNEL Team Members Responsibility % of Devoted, Time Larry Houston Project Manager Reconnaissance and Mapping Scheduling/Traffic Control Project Meetings Sergio Mora IT Manager Data Processing Quality Control Management Deliverables Bryan Cortez Quality Control Technician QC All Data Elizabeth Butler Office Manager Contract Tracking Invoicing Shivon Constantine Payroll Administrator Payroll DIR Reporting Jack Wickman Camera Repair Technician Camera Repair and Maintenance Bob Hillman Safety Coordinator Safety Meetings Safety Inspections Juan Machain/ Vector Operator Juan Chavez Hydrowashing Daily Cleaning Spreadsheet/Log Synchronization of City infraMap Angel Ornelas/ Video Operator Jeremy Avila Video Inspection Daily Inspection Spreadsheet/Log Synchronization of City infraMap City of Santa Ana Closed Circuit Television (CCTV) Inspection of Sanitary Sewers............ RFP NO.: 17.055 21831 Barton Road Grand Terrace, CA 92313 909422-80flKh41 F ,..... ., s% `. CA#0841 *J 4 40% 30% 30% 20% 20%c 15% 10% 100% 100% MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorlo Sal Theism Juan Villages May 26, 2017 � � _ 1110WI QOXi01[19 220 S. Daisy Ave. Santa Ana, CA 92703 714-647.3320 wWwsanta•ana.erg INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: RFP# 17.055: Closed Circuit Television Inspection of Sanitary Sewers The following changes/clarifications have been made to the request for proposal of the subject project: PREVAILING WAGE REQUIREMENTS The 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 are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. All contractors bidding shall register with the Department of Industrial Relations (DIR) at: http://www.dir.ca.gov/Publie-Works/PublioWorks.html All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Rodolfo Rosas, P.E. Senior Civil Engineer SANTA ANA CITY COUNCIL Miguel A- Purido t Sal Tnapro i Vincent F_Sarmiento i M,hele MwW. 1 Aagd,u ANe '. i P. Nand 6anamde8 Roman Reyna Mayor ! Mayor Pro Tem Wartl6 Ward ak�d1 Ward3 I Ward4 i Wa,dS bl%II d SaaMa.ane brq t y`Tina p{q( sgnla-pn0 / i V.Aa@ti2nlO P(iSBNa-dnd ol9 RR-Vn� Wama 010 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tnajero Juan Villegas June 14, 2017 ADDENDUM NO. TWO CITY OF SANTA ANA 220 S. Daisy Ave., M-85 Santa Ana, California 92703 Mww.santa-ana.ora SUBJECT: RFP# 17-059: Closed Circuit Television Inspection of Sanitary Sewers INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar The following changes/clarifications have been made to the request for proposal of the subject project: 1. Question: Can you provide pipe sizes and corresponding footage amounts for the cleaning and inspection portions of this RFP? Response: Footage approximations have been provided on Exhibit "B" of the RFP, please reference page 10. Pipe sizes within the City range from 6" to 24" diameter range. This contract is for citywide inspection services, no specific areas of pipes have been identified at this time. 2. Question: Can you provide maps of the sewer lines and manholes intended to be cleaned and inspected? Response: Maps and electronic files are going to be provided to the winning vendor when the work is assigned. It can be expected that work will be assigned throughout the City. 3. Question: if maps can't be provided, can you state how many lines or feet of the project are located in easements? Response: The majority of the work occurs within City streets. Very few work occurs within City sewer easements, which are readily accessible. 4, Question: Will any of the work/traffic control fall under Cal Trans enforced roads? Response: No. SANTA ANA CITY CODUNCCIL. ' Miguel A. Puldo Michea Mart:oex vlre,leSarmiento � SQ PROM Eid,wdes Juan Villegas 8.1 Ti mero Mayor Muyar Pro T.M. Ward 2 Ward J Ward4 Wadi .5 Wald6 Dabd0,®8antaan301" mim3rinaYfai63nl& AnB_Mq vsarduml. )sapla llna.aN i¢a1Wp3)3N9a en'+_o,a tlCanamd@S.hSAdla-ana Ja rvinanasaDSania a vv sono , ni: nom--ana arm RPF 417-055 Addendum No. Two June 14, 2017 5, Question: Upon review of the specifications for RFP No. 17-055, Closed Circuit Television (CCTV) Inspection of Sanitary Sewers, I do not find any requirements for a bid bond to be submitted with our proposal. Can you please confirm? Response: A bid bond is not required. 6. Question: How will the City issue the work load? Response: Please see RPF's Scope of Work for details. 7. Question: Will we get all of the footage at the beginning? Response: No, footage will be assigned throughout the tenure of the contract. 8. Question: Will the pipe be consolidated in a specific drainage area or broken up over the city? Response: Per task deployment area will generally be in a consolidated area; overall it is city-wide. 9. Question: What software is your current CCTV contractor using to submit their data? Response: WinCan 10. Question: Is this project subject to State Prevailing Wages (it says funded with Water Enterprise Funds)? Response: Please refer to Addendum #1. 11. Question: What type of contractor's license does the City require for work within the right - of -way? Response: City business license and appropriate certification to perform sewer CCTV inspection (NASSCO), 12. Question: Is there an engineer's estimate for the annual services'? Response: No 13. Question: Can the City make available maps of sewer lines and manholes prior to submittal of proposal? R�i1a RPF #17-055 Addendum No. Two June 14, 2017 14. Question: In Attachment 1 scope of work page 4 --15: is it within 2 working days or 5 working days? It says both. Response: Attachment 1: Scope of Work, Section B. SEWER MAIN TELEVISION INSPECTION, No. 15 amended to read as follows: 15, In five (5) working days after being notified to inspect a particular section of sewer main, the Contractor shall begin CCTV inspection, and shall diligently pursue that work to completion. 15. Question: Which areas if any will require traffic control permits to be submitted? Response: All traffic control shall conform to WATCH Handbook. 16. Question: Attachment 1 scope of work page 2., section B-2, states that start of inspection will be in center of manhole, per NASSCO start of inspection is at mouth of Pipe? Please confirm whether inspections will be per NASSCO-PACP? Response: All contractors must follow NASSCO guidelines, with the exception that the start of the inspection begins at the center of the manhole. 17. Question: Attachment 1 scope of work page 2, B-2: please clarify the intent of the "reverse read out of camera distance"? Response: Please reference Scope of Work Section B.2. The appropriate phrase for your consideration, in its entirety, is: "forward and reverse readout of camera distance from referenced access hole". In other words, the net distance traveled to the point of observation; i.e. forward distance minus reverse distance yields the net distance traveled. FOR THE CITY OF SANTA ANA Rodolfo Rosas, P.E. Senior Civil Engineer z5j -169 City: Santa Ana Ilm Ston & W, k PCS, Inc. 218]19 ion ft6 y _ Grand Tante C4 92913 Te( 909 (22.8990 - n,999-422-0847 Enroll tl. li tn,iantlnanis.aom Defect Grade Description Project Typo: Task Name: City: Data: Houston & Harris Sample Work Tack 002019 Santa Ana 8190@017 Excellent Condition Minor Defects. Failure unlikley in the foreseeable future 2. Good Condition Defects that have not begun to deteriorate. Pipe unlikely to fall for at least 20 years. Fair Condition Moderate defects that will continue to deteriorate. Pipe may fall in 10.20 years. 4. Poor Condition Severe Defects that will become Grade 5 defects within the foerseeable future. Pipe will probably fall in 5.10 years Immediate Attention Defects require immediate attention- Pipe has failed or will likely fail within the next 5 years or sooner. .Mauston & Harris Sample Work 11 Page:1 Ckv: Santa Ana _ Hou t o & thills AOS, Inc. 21831 0 rton Rd. Grand Tenece, CA 92313 xxx 1'a1909 422-0990 rF,v. 909422.0941 E -moll.' f I I ou tanentlM1sms.cJm _ Inspection Report Dale P/C. No, Weather Surveyors Name IWatorl D: Section No, 8f26f2016 dry Skylar 6646 1 Certificate No. Survey cuBkomer System Center Deto Cleaned Pre -Cleaning Task Name: U314-06020850 Houston & Harris PCS, In Santa Ana 8I261201fi Jetting Task 062016 Sheet Park Usa of Sewer Sanitary Upstream MH Cleanout City Santa Ana Drainage gran Dowstream MH NOB -026 Loc. details Flow Conlrat Not Controlled Dir. of Survey Upstream Location Code Langth surveyed 326.94 it Section Length 326.94 it Purpose of Survey Maintenance Related Joint Length Year laid UladHeighl 6 M11eh Year Rehabilitated Material Concrete Pipe (non -reinforced) Tape I Media No, Lining Method Add. Intonation; 1:450 Position Code Observation Grade 0.00 AMH Downstream Manhole, Survey Begins / N08-026 08.02$ 0100 MWL Water Level, 5 %of cross sectional area y� 9.43 TFC Tap Factory Made Capped, at 10 o'clock, within 8 inches of joint: YES, 4" 11-79 TFC Tap Factory Made Capped, at 02 o'clock, within 8 inches of joint: YES, 4" " re 14.67 FL Fracture Longitudinal, at 02 o'clock, within 8 S3 inches of joint: YES 29.82 B Broken, from 02 to 04 nbfoek, within 8Inehes of S5 -�' joint: YES 14.86 FT TFC Tap Factory Made Capped, at 10 o'clock, -, �r t54.28 within 8 inches ofjoint YES, 4" �'=s {t{ TFC Tap Factory Made Capped, at 02 o'clock, , fh within 8 inches of joint: YES, 4" 89.03 TB Tap Break -In, at 10 o'clock, -, within 8 Inches of joint: YES 4" €96AN TFC 'rap Factory Made Capped, at 10 o'clock, -, 29,82 FT within 8 inches of joint: YES, 4" 98.94 TFC Tap Factory Made Capped, at 02 o'clock, •, ..3: within 8 inches of joint: YES, 4" 4 TFC Tap Factory Mado Capped, at 10 o'clock,within C�1481..207 8 Inches ofjoint: YES, 4" TFC Tap Factory Made Capped, of 02 o'clock, -, within 8 Inches of joint: YES, 4" 219.01 FT •' 181.09 TFC Tap Factory Made Capped, at 10 o'clock,-, t-'. within.8 Inches of Chi: YES, 4" 183.64 TFC Tap Factory Made Capped, at 02 o'clock, within 8 inches ofjoint YES, 4" 288.43 FT Houston & Harris Sample Work It Page: 2 2FgJ%J"` City: Santa Ana Houston B Harris Sample Work II Page;.3 Housf &Herts POs, Inc, 21661 a on Rd, t _ GredT .C'A 9261.1 axaa v?.=, — 09 422-8900 F01: 900422-00411 Email: Infofalausionnndlranls,com Inspection Report Data: (Water ID: Weather: Operator: Section No: Task Name: 0126/2016 6648 Dry Skylar t Task082018 Street Nemo: Pipe Materiel: Pipe Shape: Pipe Size: Upstream MH: Downtream MW: Park onerete Pipe (nomrelnf Circular 6inch Cleanout NOB -026 1:450 Position Code Observation Rate j{{55 4.'. 219.01 FC Fracture. Circumferential, from 12 to 12 o'clock, 82 within 8 inches of joint: YES 25.92 TFC Tap Factory Made Capped, at 10 o'clock, -, within 8 inches of joint: YES, 4", 4" 28.59 TFC Tap Factory Made Capped, at 02 o'clock, -, within 8 inches of joint: YES, 4" 268.47 TFC Tap Factory Made Capped, at 10 o'clock, -, within S Inches ofjoint; YES, 4" 4" 271,04 TFC Tap Factory Made Capped, at 02 o'clock, -, within 6 Inches of joint YES, 4" 288.43 FM Fracture Multlple, from 09 to 04 o'clock, within 8 84 I= inches of joint: YES j 326.88 DSGV Deposits Settled Gravel, 90 %of cross sectional Nil 5 area, from 02 to 10 o'clock, , within fl inches of [eatto joint: YES 326.04 ACOM Cleanout Mainline/Cleanout OSR SPR IaPR OPa SPR( Nona OPRI .��-5141-�� _Q_M1tR 510U � 14 6 19 3.5 5 a.fl Houston B Harris Sample Work II Page;.3 _ -� Hnustnn&H sPC51nC 21821 aanon red 6rond Te reca CA 92513 To 999922ieco Fe"984 4120841 City: I Street: I Date: IWater 10: ISection No: Photo: Cleanout-N08-026.8262016-0.104856.JPG OFT, Water Level, 5 %of cross sectional area Photo: Cleanout-N08-026.8262016-14.865-105032.JPG 14.86FT, Fracture Longitudinal, 2t 02 o'clock, within 8 inches of joint: VES A Harris Bnmofn Work 11 P.eoe• A 4 04 -66 aass 8@ a° Hou t n B Hdrrk PGS Inc. 21631 B to so Grard . CA 9 913 TO......... —= Fax: 909422009/ F City: Streak Date: iWater 10. Section No Santa Ana I Park 812612016 _ 6646 1 Photo: CleanouLN08.026-8262016.29.8185-105152.JPG 29.82FT, Broken, from 02 to 04 o'clock, within 8 inches ofjcint: YES Photo: Claanout-NO8-026-8262016-219.0089-110918.JPG 219.01 FT, Fracture Circumferential, from 12 to 12 o'clock, within 8 inches of joint: YES nmial.a R H."is S.rnnl. WeM< 11 Pau.: h Inspection photos Date a Hnoston 8 Hurn. nf$ Inc. 21831'or'r" Rd Gronl Temacn OA 02313 TO 90V_""_8.. 09 A22 890 Pe: 900922.0841 0.mvi n n1n, Nnnm,invtln.nm Inspection photos Date a k 1�3L� AT ,11 D$ 5 £ � d< a h°OSG 08 26 P � 6ceD288 �#3 ECA �3 IS t i 1 f } em �s i, r 'tr Ta a ztu sus � .. •., 13 SDb:�A ` 3Q18 tib-dG' n t°'��`t`d #�?�n.. ]29.91 Et Houston & Harris Sample Work 11 Page; 6 ROM Cit : Santa Ana Houst n S H oris POs; Inc. 21831 B dmi Rd 5} ©.an I T a CA 92313 ia1.909 422.6990 q� Fax 909 4220891 Frt,efc,n! hc.tor.rdhnrrla.aom Inspection Report Data RIO. No, Weather Surveyor's Name IWatar ID: Section No. iZlD2016 Dry Jerry 7038 2 Certificate Ro. Survey customer System Owner Date Cleaned Pre -Cleaning Task Name: U-21 3-1 6 61 9 Houston & Harris PCS, In City of Santa Ana 12f712016 Jetting Task 062016 Street Segorstrom Ave Uso of Sewer Sanitary Upstream MH �w Pont City Santa Ana Drainage Area. Deanneam MH P08-018 Lac. details Flow Control Not Controlled Dir, of Survey Downstream Location Code Length surveyed 260.83. it Section Length 260.63 it Purpose of Survey Routine Assossmeot Joint Length Year Laid Oia./Height 8 inch Year Rehabilitated Material Vitrified Clay Pipe Tape I Media No, Lining Method Add. Information: 1:630 Position Code Observation Grade gl� h % 0.00 AMH Upstream Manhole, Survey Begins f P08-020 0.00 MWL Water Level, 5 %of cross sectional area 0 FT -_ 1.45 CM Crack Multiple, from 08 to Qi o clock, within 8 83 inches of jaunt YES ' 8.91 CM Crack Multiple, from 12 to 03 o'clock, within 8 S3 -inches of joint: YES �R 1269 DAE Deposits Attached Encrustation, 5 %of cross M 2 ` sectional area, from 11 to 04 o'clock, , within 8 1 A FT inches ofjolnt YES (� .57.12 S1 DAE Deposits. Attached Encrustation, 5 %of cross M 2 sectional area, from 08 to 04 o'clock, ,within 0 i inches of foinh YES, Start l At Joints 6p 51 IR Infiltration Runner, at 12 o'clock, within 8 inches M 4 ofjonV, YES Ai ,. 6245 F1 DAE Deposits Attached Encrustation, 5 %of cross M 2 �.- sectional area, from 08 to 04 o'clock., , within 8 Inches ofjoint: YES, Finish 8.91 FT (' 62.45 S2 MWL.S Water Level, Sag In pipe, 55 %of cross sectional 34 I area, Start 96.53 F2 hJWLS Water Level, Sag In pipe, 55 °Icor cross sectional S4 area, Finish k-� 125,48 S3 DAE Deposits Attached Encrustation, 5 °loaf cross M 2 ep sectional area, from 09 to 03 o'clock, , within 8 inches of joint: YES, Start I At Joints 132.35 P3 AAE Deposits Attached Encrustation, 5 %of crass M 2 -,_ X249 FT area, from 00 to 03 o'clock, , within 8 Inches of joint: YES, Rush 228.20 MWL Water Level, 25 %of cross sectional area 260.63 AMH Downstream Manhole, Survey Ends / P08-020 q8-01, 57.12 FT 4SR owuPR MFlft ePR aPRI Mir, OPRI M1]32 4123 5} 10 44 3.7a 2.5 d.36 Houston & Harris Sample Work N Page'7 M42 -� Ho I &N I PCS, Inc. t 2fORl aorta Rtl. t5 A� Ga tliertaco 9c Tol, BOB d22 .0 0090 �, - F 80942208d1 ---, Inspection photos City: Strooi; Oate: ,Wateric) Secllon No: Photo: P08-020-PO8-018-1272016-0-110514.JPG OFT, Water Levet, 5 %of cross sectional area Photo: POS-020-PO8-018-1272016-1.4523-110550,JPG 1.45FT, Crack Multiple, from 08 to 04 o'clock, within 8 inches of Joint: YES 2.%Xjbta O Gra Itl T 22-a 929tH i' ti^s" Tel. 909 425 8900 Fo909400di 0 FinaIL n(n�Fo,wlnnanA arntmm City: Street: Date: (Water ID: Section Na: Ranter Ana Secerstrom Ave 121712016 1 7038 1 2 Photo: P08-020•P08-018.1272010-8.9072-110637.JPG 8.91FT, Crack Multiple, from 12 to 03 o'clock, within 8 inches of joint: YES Photo: P08,020 -P08-018 1272016-12.4895-110715.JPG 12.49FT, Deposits Attached Encrustation, 5 %of cross sectional area, from 11 to 04 o'clock, , within D inches of joint: YES ftj M s"H°^�, Holmd 8 arcs nc. 218919oHon i 9 Gard 7 n 9231) 42 -8 TO, 909 -422-8990 Fax, 009 d22 -9!]Q1 .r E,sar rdoliou mnmrdhenls.Com Inspection photos My: Street: Dale: IWater lD: Soct*n We Santa Ana Seas stroln Ave 1217/2016 7038 _ 2 Photo: P06-020-P08-018-1272018-57.1224-110913.JPG 57, 12FT, Deposits Attached Encrustation, 5 %of cross sectional area, from 08 to 04 o clock, , within 8 inches of joint YES, Start Photo: P08 -020-P08-018.1272016-60.511-1 t0950.JPG 60.51 FT, Infiltration Runner, at 12 o'clock, within 8 inches of joint: YES Hnustnn 8 Harris 2 oJ11-L7 $$pp _ �uu z18318anan Fd �V GMrd Two rB CA 92313 Tel 909-422,0090 Fa.r909-4220841 F.—I Int RilhnuslottandAarnacom Inspection photos � CilyStreet: Dete: IWaler l0:7—section No: Photo: POB-020-POO-018-1272016-62.4473-111030.JPG 62.45FT, Water Level, Sag In pipe, 55 -/,of cross sectional area, Start Photo: P08-020-PO8-018-1272016.125.4750-111345.JPG 125.48FT, Deposits Attached Encrustation, 5 % of cross sectional area, from 09 to 03 o'clock,. ,. within 8 inches of joint: YES, Start Hmiston R Harris Sam. to /_101911 Hou f n 8 "i rY PCS, Inc, �$ 2183, sedan R0. 9a Gtad7w.'e CA 92313 Tet 9Je i22 9990 ->mx = Fx-B99 V2299i1 Ww C--, mrnFlnn mrnnnnAFnm'e nnm Dots Water Level, Sag in pipe, 75 %of cross Sectional PID. No. Wo area, Start Surveyors Nama "WeID: Broken, from 08 to 04 o'clock, within 8 inches of Secfcn No, t21Bl20'18 joint: YES Dry Water Level, Seg In pipe, 75 %of cross sectional Jerry 7709 area, Finish 3 Cedlflcale No. Crack Multiple, kaon 01 to 05 o'clock, within 8 Survey Customer System Owner Dale Cleaned Pre -Cleaning LL Task Name: U-213-06619 AMH 11H.Uston & Harris PCS, to Santa Ana 121812016 Jetting Task 062016 Sheet Bristol Center Easement Use of Sewer Sanitary Upstream MH 308-010 City Seats Ana Drainage Area Dowstream im 500-011 Loc. details Flow Control Not Controlled Dir. of Survey Downstream Location Coda Length surveyed 107.37 It Section Length 107.37 It Purpose of Survey Routine Assessment Joint Length Year Lald Dia.ateight Slnch Year Rehatelitakod Material Vitrified Clay Pipe Tape I Media No. Lining Method Add, Information; 1:270 Position Code Observation Grade AMH Upstream Manhole, Survey Begins /S08 -01O MWL Water Level, 5 %of crass sectional area CM Crack MuRlpie, Prom 07 to i1 o'clock, within 8 mchas of joint: YES TF Tap Factory Made, at 02 o'clock, -, within 8 inches of joint: YES, 4" S9 81 MWLS Water Level, Sag in pipe, 75 %of cross Sectional 84 area, Start B Broken, from 08 to 04 o'clock, within 8 inches of S5 joint: YES F1 MWLS Water Level, Seg In pipe, 75 %of cross sectional 84 area, Finish CM Crack Multiple, kaon 01 to 05 o'clock, within 8 53 Inches of joint YES LL Alignment Left, 15 % M 2 AMH Downstream Manhole, Survey Ends / GOS-01'I MPR OPI7 2 � 33 Horns Sample Work 11 Page: 12 '-'-re 2831 aatl .Rd �,. `� G IA Te' ate CA 92313 Tol. 909 422 8958 Inspection photos photos City: Streef: Date: iW."'lD: Section No: Santa Ana Bristol Center Easemsnt 1218!2016 7709 3 Photo: S08-010-S08-011-1282016-0-065547.JPG OFT, Water Leval, 5 %of cross sectional area Photo: S08-010-SO8-011-1282016.4.4536-065642.JPG 4,45FT, Crack Multiple, from 07 to 11 o'clock, within 8 inches of joint: YES 4J� 1 8 ,� 21899 Ba 90 Rd .. _ G d Tatre CA 92393 7a1909 4220990 F..:909422 :909422 0041 �` - F -mail mloGDhnuffianmieldnms.ro,n Ana MM "M Photo: SOB-010-SO8-011-1282016-80.9395-070002.JPG 80.94PT, Water Level, Sag in pipe, 75 %of Cross sectional area, Start Photo: S08-010-SO8-011-1282016-85.7804-070104.JPG 85.78FT, Broken, from 08 to 04 o'clock, within 8 Inches of joink YES 4�I7§ M6fl [O ANJYY6YW II1 P. ^� fdre H dQ2 F G Intl ie eca CA 92313 c -.mea. TO 909 422 c...,. Fax . 900-4222.0841 0841 Inspection photos City: Stat Date: - [Water ID Section No Santa Ana Bristol Center Easement 12/0/2010 - 7709 -... 3 Photo: S08-010-SO8-011-1282016-106.3057-070512JPG 106,31PT, Crack Multiple, from 01 to 05 o'clock, within 8Inehes of joint: YES nousmn a n@p'ls aompie worrc 11 raga: 10 Surveyed By ABARAHAM BARTON Certificate Number Date f Time 2/1/201711:22 Owner Customer Sheet Plumber PO Number Is Imperial Purpose Maintenance related Category Comments Inspection Status Traffic Drainage Area Manhole Number C11-050 Manhole Use Weather (Ground Street Conditions) City Santa Ana Location Details Location Code Light Highway Additional Info Rim To Invert Grade To Invert Rim To Grade Year Built Year Renewed Pre -Cleaning Date Cleaned Evidence of Surcharge Additional Component Media Label Information Surface Type Yes Asphalt Surface Type No Concrete Collar Surface Type Gravel No Potential For Runoff Step Number 6 Cover Shape Circular Cover Material Cast Iron Cover Type Vented No Cover Type Bolted No U -i014-06022532 Santa Ana True Sanitary Old Grand No Surface Type Concrete Pavement N° Surface Type Grass No Dirt Surface Type Other No Access Type Manliote Sten Material Metal Cover Size 25 Cover Type Solid Yes Cover Type NO Gasketed Cover Type Inner No Cover Cover Type Locking No Cover Size Width C, G161 Cover Bearing Hole Number Cover Frame Fit Surface Diameter Insert Condition Cover Condition Poorly Fitting Cover Condition Sound Yes Cracked Cover Condition Insert Condition Cover Condition Broken No Corroded Cover Condition Missing Cover Condition Bolts Missing No Missing Cover Bearing Cover insert Type None Surface Diameter Width Hole Diameter Insert Condition Sound Insert Condition Cracked Insert Condition Insert Fell Adjustment Ring Type Ring Condition Sound Ring Condition Broken Ring Condition Leaking Adjustment Ring Material Frame Material Frame Bearing Surface Depth Frame Condition Sound Frame Condition Broken Frame Condition Corroded > 1/2 inch (13cmn) <= 1 Hole Number inch (25mrn) Surface Width Insert Condition No Poorly Fitting Insert Condition No Leaking Insert Condition No Corroded Good No No No 5 No No No Nona Adjustment Ring Height No Ring Condition No Cracked No Ring Condition No Corroded Ring Condition Poor No Install No 2�`Jh i- Frame Bearing Cast Iron Surface Width Frame Clear Open Diameter Frame Condition Yes No Cracked Frame Condition No No Missing Frame Condition No No Coated 2�`Jh i- Frame Offset 0 Frame Seal Inflow Infil Dripper Distance Frame Depth Seal Condition Yes Bench Lining Sound Seal Condition Seal Condition Cracked NO Loose No Seal Condition OffsetNo Seal Condition No PressureValue Missing Chimney Material 1 Concrete(non-reinforced) Chimney Material 2 Chimney In! InfdDripper Chimney Clear Custom 4 Opening Chimney Depth Chimney Lining Custom 8 Interior Chimney Lining Exterior Gone Type Conical off centered Cone Depth Cone Lining Exterior Cone Material Concrete (non-reirrforced) Cone Lining Interior Wall Diameter Wall By Size Wall Material Concrete (non -reinforced) Wall Depth Wall Lining Interior Wall Lining Exterior Bench Present Yes Bench Material Bench Lining Channel installed Channel Material Channel Type Channel Exposure Work Order Project Santa Ana PressureValue Kmmm� Custom 1 Custom 2 Custom 3 Custom 4 Custom 5 Custom 6 Custom 7 Custom 8 Custom 9 Custom 10 OWN Concrete (non-rcinforeed) Yes Cover Type Hatch No Cover Type Hatch No Single Double Cover Type No Lamphole Cover Condition No Restraint Missing Cover Condition No Restraint Defective Created with the " report generator *K Project: Santa Ana Date /Time: 2/1!2017 11:22:00 AM Asset ID: Drainage Area: Manhole Number: C11-050 Distance: 0 End ID: Run Number: Flow Direction: Asset Size: Asset Type: *W Project Santa Ana Date /Time: 2!112017 11:22:00 AM Asset ID: Drainage Area: Manhole Number: C11-050 Distance: 0 End ID: Run Number: Flow Direction: Asset Size: Asset Type: (0.0) C - Connection - Position: 12 (0.0) C - Connection - Position: 3 Total Distance: 0 ID Number: C11-050 (0.0) C - Connection - Position: 6 ID Number: Created with the ' report generator Manhole Inspection Header Form Level 1 & Level 2 Inspections Surveyed By (1) Certificate Number (2) Owner (3) Customer (4) ABARAHAM BARTON U-1014-06022532__ Santa Ana __J — Drainage Area (5) Sheet Number (6) PO Number (7) Date (8) Time (9) Street (No. & Name) (10) City(11) Location Details (12) 2/1/2017 11:22 Old Grand _� _ Santa Ana Manhole Number (13) Rim to Invert (14) C11-050 �1 ��®�r. Grade to Invert (15) Rim to Grade (16) MH Use (17) Year Built (18) Sanitary I IF— Year Renewed (19) Media Label (20) Purpose (21) Category (22) Pre -Cleaning (23) Date Cleaned (24) Maintenancerelated��-��--��r-^� Weather (25)Location Code (26) Additional Info (27) Surface Type (28) _ �_ Light Highway Jr Potential for Runoff (29) Access Type (30) __ 1 Northing (31) Surfac0 Type Asphalt Easting (32) _ 1 Manhole _��1 Elevation (33) Coordinate System (34) GPS Accuracy (35) Inspection Status (36) Evidence of Surcharge Inspection Level (38) (37) No ��et 1 Manhole Inspection Header Form Level 1 & Level 2 Inspections Cover Shape Cover Size (41) Cover Size Cover Material Cover Type (44) Hole Diameter (40) Width (49) (43) (45) 'cover Type _. ' 1/2 Inch Cov Circular 25 Cast Iron cov (13mm) < 1 L9oltinch 25mm Holes Number Cover Bearing Cover Bearing (46) Surface Dia. Surface Dia (41) Width (48) Cover Frame Fit Cover Condition Cover Insert (49) (50) Type (51) Cover 5 Good Condition None Sound Cover Insert Adjustment Adjustment Ring Ring Condition Adjustment Ring Frame Material Condition (52) Ring Type (53) Material (54) (55) Height (56) (57) NoneE== E== E===Cast Iron Frame Bearing Frame Bearing Frame Clear Surface Width Surf Depth (59) Opening Dia (58) (60) Frame Condition Frame Seal Frame Offset (61) Condition (62) Distance (63) Frame Seal Condition Condition Sound 0 Sound Frame Seal Frame Depth Chimney Chimney Clear Chimney Depth Inflow (64) (65) Material (66) Chimney 1/1 (67) Opening (68) (69) Infil Dr er Concrete (non- Infil Dri er reinforced —- 2�J'b$� Chimney Lining Chimney Lining Cone Type (72) Cone Material Cone Depth (74) Cone Lining ��Interior (70) Exterior (71) (66) Interior (75) I_1 Conical off Concrete (non - centered I reinforced Cone Lining Wall Diameter Wall By Size Exterior (76) (77) gthNVidth) (Width) 77a Wall Material Wall Lining (78) Wall Depth (79} Interior (80) te (non- ==1.—I=eiinfoced) L____ ----JE== Wall Lining Bench Present Bench Material Bench Lining Channel Installed Channel Material Exterior (81) (82) (83) (84) (85) (86) lConcrete eiinfor ed(non- reinforced) non- Channel Type Channel Step Number Step Material (87) Exposure (88) (89) (90) E�C=© Meta( Grade Structural O&M Overall S 0 O 0 4 0 0 0 3 0 0 0 2 0 0 0 1 0 0 0 Overall_ 0 0 0 Number of Defects 0 0 0 Pi e Ratino 0000 0000 0000 Pl Je Ratings Index 0 0 0 Distance Video Ref Code Cont Defect Value Joint Circumferential Location Dvnension %Prom At / To 1st 2nd 0 C - Connection 8 6 0 C - Connection 8 12 0 C - Connection 8 3 Created with thevPOSM1w report generator Project: Santa Ant -___------- Date /Time: 2/1/2017 11:22:00 AM Asset ID: Drainage Area: Manhole Number: C11-050 Distance: 0 End ID: Run Number: Flow Direction: Asset Size: Asset Type: Pos Dir Material 6 Our -- 12 i In 3 i In Position: 12 Direction: In Position: 6 Direction: Out Size 3 Shape Depth Position: 3 Direction: In Type Force Main Force Main Force Main Created with the w report generator 2k4IIL8 Remarks/ID Brad Houston — Assistant Project Manager Over 10 years' experience as video inspection and Vactor operator. Skilled in daily scheduling, customer communication, computer and map reading, and overseeing field personnel. Expertise in CIPP (cured -in-place) pipe installation. Responsibilities Daily Schedule of personnel and equipment for all contracts and other projects CIPP Installation Conducts Site Reconnaissance Participates in Contract Bidding Process Vector and Video Inspection Operator Certifications and Licenses California Class B Driver's License Hazwoper Certified NASSCO Certified Confined Space Entry._ Operations/Rescue Certified CPR/First Aid Certified Traffic Control and Flagger Certified City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary.S RFP NO.: 17-055 __ .......... 21831 Barton Road Grand Terrace, CA 92313 999.422.8 1 F Sergio Mora — Information Technology Manager Approximately 15 years of work experience in the wastewater industry, with an emphasis on information management and technology, Experience with all aspects of employee software training, data base processing, and quality control for deliverables regarding sewer, water line, and pipeline video inspection and cleaning services. Knowledgeable in technical assistance and management of hardware and software. Bilingual in Spanish and English. Holds Associates degree in Information Technology from ITT Technical Institute and GIS Certification from San Bernardino Valley College. Responsibilities Ensure all data is correct prior to delivery to any client Report quality of work and progress of contracts to Project Managers Ensure all data is checked for quality, accurateness and meets the required standards of each contract Provide daily tracking sheets of all projects sent to the QC Department to Field Operations Manager Ensure all work turned in is on time, on budget and without error Maintain all company computers and software to ensure all equipment is fully operational Responsible for upgrading all software and licensing Provide training to all new and current employees on proper use/operation of the computer systems currently in place. Microsoft Office Suite, Windows Systems, Data Authoring/Burning Software, Sewer Inspection Software and NASSCO Coding Refresher classes Develop conversations for deliverables Monitor common network risks and entrance points including internal and external risks and implement the tools to neutralize the risks Certifications Information Technology — Electronics and Computer Science Associates Degree — ITT Technical Institute GIS Certification — San Bernardino Valley College NASSCO Certified A+ Certified City of Santa Ana Closed Circuit Television (CCN) Inspection of Sanitary Sewers ,... RFP NO.: 17-055 -- 4. 21531 Barton Road Grand Terrace, CA 92313 .909-422-8 41 r 25J-92 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AGREEMENTS FOR GRANT WRITING SERVICES [NON -GENERAL FUND] (STRATEGIC PLAN NO. 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: As Recommended ❑ As Amended ❑ Ordinance on 1 at Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with Engineering Solutions Services and Townsend Public Affairs to provide grant writing services for the Public Works Agency for a three-year period beginning August 15, 2017, and expiring August 14, 2020, with provision for one two- year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $107,500 annually for each consultant, for a total annual amount of $215,000 for both agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Water Resources Division operates the City's Water and Sewer enterprises. These enterprises are funded through ratepayer revenues which provide funds for water and sewer system maintenance, enterprise operations, and capital improvements. While enterprises are generally self -funding, it can be both fiscally and economically efficient to pursue outside funding for capital projects and explore future funding opportunities for service improvements, environmental stewardship, and cost reduction. Approval of this recommended action will provide for the services of grant -writing professionals who will assist the Water Resources Division in identifying and applying for grants and similar awards and, in turn, help to keep water and sewer rates low. On April 6, 2017, the Public Works Agency released a Request for Proposals (RFP) for grant writing services on the City's website (RFP 15-083). Four proposals were received on May 11, 2017. The proposals were evaluated and ranked by a review committee comprised of personnel from various Public Works Divisions. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, schedule, references, presentation, and fee. The rating of the firms is as follows: VENDOR RATING Engineering Solutions Services 88 Townsend Public Affairs 85 Grant Management Associates 72 California Consulting 67 25K-1 Agreements for Grant Writing Services August 15, 2017 Page 2 The top two rated firms each have expertise in a specific area of grant writing. Engineering Solutions Services has a great deal of experience with the grant and supplemental funding programs offered by the State of California. Townsend Public Affairs has more extensive expertise in Federal grant programs. Upon consideration of the firms' distinctive competencies, and in light of the City's funding needs, staff recommends awarding contracts to both firms. Each have prior experience working with the City and have provided excellent service. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The annual aggregate amount of $215,000 for both agreements is budgeted and available for expenditure in Fiscal Year 2017-18 in the following Public Works accounts: nt Description Account Number Amount Water Administration/Engineering 06017645-62300 $100,000 Sanitary Sewer Service 05617640-62300 $100,000 Administrative Services 10117601-62300 $ 15,000 Subsequent funding of $215,000 annually will be similarly budgeted in FY 2018-19, FY 2019-20, and FY 2020-2021; and in FY 2021-22 and FY 2022-23, if the renewal options are exercised. I�IA )O� Fr d Mousavipour Executive Director Public Works Agency FM/NS APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez n Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with Engineering Solutions Services 2. Agreement with Townsend Public Affairs 25K-2 AGREEMENT TO PROVIDE GRANT WRITING SERVICES WITH ENGINEERING SOLIUTIONS SERVICES, INC. THIS AGREEMENT is made and entered into this 15`x' day of August, 2017, by and between Engineering Solutions Services, Inc., 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"). RECI'T'ALS A. On April 6, 2017, the City issued Request for Proposal No. 15-083, by which it sought Consultants to provide On -Call Water and Sewer Programs Grant Writing Services for the City of Santa Ana's Public Works Agency. B. Consultant submitted a responsive proposal and statement of qualifications on May 11, 2017, that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15-083 and attached 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 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: I. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A, Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total annual amount to be expended under this Agreement shall not exceed $107,500 during the term of the Agreement, including any extension periods exercised under Section 3. 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 and Scope of Work, which may reasonably be expected by City. Page 1 of 9 F,)Lk;l);31 v 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years until August 14, 2020, unless terminated earlier in accordance with Section 17, below. The tern of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to filly comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors 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 Page 2 of 9 EXHIBIT 1 25K-4 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, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 9 F,1f ITd (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATI©N Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 terns 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 9 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonnation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential hrformation" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 5 of jiXFY T� 13. 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 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax 714- 647-6549 To Consultant: Engineering Solutions Services, Inc. Attn: Sudi Shoja, PE Principal 23232 Peralta Drive Suite 112 Laguna Hills, CA 92653 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. 14. 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not Page 6 of 9 EXHIBIT 1 25K-8 bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. 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 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. Page 7 of 9 Ur%191 19. 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 panties 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. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21, 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, hold 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, -- remainder ofpage Intentionally left blank; signature page to follow -- Page 8 of 9 EXHIBIT 1 25K-10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Win M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour Executive Director, Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager ENGINEERING SOLUTIONS SERVICES Sudi Shoja, PE Principal Exhibit A Consultant Agreement with Engineering Solutions Services Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER AND SEWER PROGRAMS GRANT WRITINGSERVICES RFP NO.: 15.083 Introduction and Backsiround: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people, The City of Santa Ana Public Works Agency, Water Resources Division is soliciting proposals from professional firms for grant writing services. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency- Water Resources In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: The Consultantfs will seek funding opportunities for water and sewer programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Water Resources Division personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities Including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources • California Water Quality Control Board • California Water Resources Control Board City of Santa Ana RFP 15.083 Page 11 EXHIBIT 1 25K-12 The funding sought is intended to support contemplated programs for, among other things: • Recycled water • infrastructure replacement • Automated Metering Infrastructure • Green infrastructure/solar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Analysis — Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and identify third -party funding sources that support the Public Works Agency, Water Resources Division funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City, Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources, The City understands that many applications require technical details about the water and sewer enterprises. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including but not limited to coordinating with City staff to provide expenditure reports, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources staff , and submitting periodic status update reports to City. On a monthly basis the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities; The City will provide information in its possession relevant to the preparation of the required information in the RFP, Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. ^� 6ty of Santa Ana RFP 15-083 Page 12 WMV Exhibit B - Consultant Agreement with Engineering Solutions Services -- APPENDIX ATTACHMENT 4: PROPOSER FEE SCHEDULE The proposer shall complete this form and include it along with the billing rates breakdown. Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule, ngineering S otutions ervices COMPANY NAME (date) TITLE BILLING RATE Monthly Report on Grant Funding Availability $_—O /month Job Classifications • Project Manager/Coordinator $_125 /Hour • Grant Writer $ 115 /Hour • Administrative Assistant $ 62 /Hour Additional Job Classifications • Project Engineer $ 80 /Hour • CADD Operator $ 65 /Hour • Technical Expert $_1 20 /Hour • Reproductions $----At Cost • Delivery $,_At Cost - • Travel $,_,0.67/mile AGREEMENT TO PROVIDE GRANT WRITING SERVICES WITH TOWNSEND PUBLIC AFFAIRS, INC. THIS AGREEMENT is made and entered into this 15"' day of August, 2017, by and between Townsend Public Affairs, Inc., 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. On April 6, 2017, the City issued Request for Proposal No, 15-083, by which it sought Consultants to provide On -Call Water and Sewer Programs Grant Writing Services for the City of Santa Ana's Public Works Agency. B. Consultant submitted a responsive proposal and statement of qualifications on June 29, 2017, that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 15-083 and attached 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 contracting firn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total annual amount to be expended under this Agreement shall not exceed $107,500 during the term of the Agreement, including any extension periods exercised under Section 3. 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 and Scope of Work, which may reasonably be expected by City. Page 1 of 9 ON t 3. TERM This Agreement shall commence on the date first written above and continue for three (3) years until August 14, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title S, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors 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 Page 2 of 9 EXHIBIT 2 25K-16 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, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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. Page 3 of 9 w1i t (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (3 0) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S, INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify; hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 4 of 9 25K�BITA 8 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such. information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 5 of 9 Mi6 13. 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 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-6549 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street Suite 330 Newport Beach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any cormnunication shall be addressed and transmitted to the iiew 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. 14. 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. This Agreement may not be modified except by written instrument signed by the City and by au authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are Inconsistent with, or in addition to, the terms and conditions hereof, shall not Page 6 of 9 EXHIBIT 2 25K-20 bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. 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 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. Page 7 of r-�I 19. 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. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. 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. -- remainder ofpage intentionally left blank; signature page to,follow -- Page 8 of 9 EXHIBIT 2 25K-22 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: J n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour Executive Director, Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager TOWNSEND PUBLIC AFFAIRS Christopher Townsend, President a�J Exhibit A - Consultant Agreement with Townsend Public Affairs Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER AND SEWER PROGRAMS GRANT WRITINGSERVICES RFP NO.: 15-083 Introduction and Backaround: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency, Water Resources Division is soliciting proposals from professional firms for grant writing services. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency- Water Resources In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Descrintion of Work: The Consultant/s will seek funding opportunities for water and sewer programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are Identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Water Resources Division personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources • California Water Quality Control Board • California Water Resources Control Board City of Santa Ana RFP 15-083 Page 11 EXHIBIT 2 25K-24 The funding sought is intended to support contemplated programs for, among other things: • Recycled water • Infrastructure replacement • Automated Metering Infrastructure • Green Infrastructureisolar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Ana lvsis -- Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and Identify third -party funding sources that support the Public Works Agency, Water Resources Division funding needs and priorities, This scope includes researching grant opportunities independently as well as any identified by the City. Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details about the water and sewer enterprises. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including but not limited to coordinating with City staff to provide expenditure reports, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources staff , and submitting periodic status update reports to City. On a monthly basis the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall Include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required Information in the RFP, Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. —� City of Santa Ana RFP 15-083 Page 12 APPENDIX ATTACHMENT Exhibit B - Consultant Agreement with Townsend Public Affairs FEE SCHEDULE The proposer shall complete this form and Include it along with the billing rates breakdown. Proposer's fee proposal shall be submitted concurrently with the technical proposal, but ina separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule. Townsend Public Affairs, Inc. (05/11/17) COMPANY NAME (date) rtr1.E MILLING RATE Monthly Report on Grant Funding Availability $1500 /month Job Classifications • Project Manager/Coordinator (Cori Willem) $150 /Hour • Grant WriterlAssociato in Charge (Eric O'Donnell) $ 100 /Flour • Administrative Assistant (Danielle Villareal) $50 /Hour Additional Job QgIsp fications • Key Personnel (James Peterson) $ 125 /Hour • Key Personnel (Christopher Townsend) $100 /Hour $ /Hour $ /Hour $ /Hour $ /Hour $ /Hour $ /Hour Please see project proposal on next page City of Santa Ana RFP 15.0K Page 26 EXHIBIT 2 25K-26 PROJECT FEE SCHEDULE Project Fee Per (Month: Hourly pilling Schedule Title Hourly Hours Per Work Total Cost Cori Williams Rate $150 Month 20 .- 40% $3,000 Project Manager � _ —$100__ TOTAL PROJECT FEE ---30% Eric O'Donnell 15 $1,500 Grant Writer James Peterson _ $125 10 — 20% $1,250 _ __K-eYf rsonnel Christopher Townsend $200 2.5 5% $500 Key Personnel _ Danielle Villareal $50 2.5 5% $125 Administrative Assistant Hourly Fees $125 50 100% — $6,375 Subtotal Monthly Report on Grant N/A N/A N/A $1,500 Funding Availabilit TOTAL PROJECT FEE $125 _ 50 100% $7,875 Project Fee Per Month: Fixed Fee Schedule As an alternative to a project fee based on an hourly billing schedule each month, TPA proposes a project fee that is based on a fixed fee schedule each month: • Funding needs analysis Included • Outside funding/on-call research Included .Funding proposal development �• Included Program administration and delivery Included • Monthly report on grant funding availability Included • Other related activities, as directed by the Agency — Included TOTAL PROJECT FEE $7,500 25K-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AGREEMENTS FOR ON-CALL RIGHT-OF- WAY ACQUISITION AND RELOCATION SERVICES AND FOR ON-CALL PROPERTY MANAGEMENT SERVICES (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) CITY ANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute agreements with Overland, Pacific & Cutler, Inc., and Paragon Partners, LTD, to provide on-call right-of-way acquisition and relocation services for a three-year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 for each firm, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute agreements with Overland, Pacific & Cutler, Inc., and Paragon Partners, LTD, to provide on-call right-of-way property management services for a three-year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 for each firm, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City continues to acquire certain properties for roadway improvements and widening in support of delivering the approved Capital Improvement Program. As a result of these acquisitions, the City is legally obligated to provide relocation assistance to displaced tenants and businesses, and to manage vacated properties during the transition period of obtaining title and the construction of improvements. Therefore, the recommended action will provide for on-call acquisition services and relocation assistance, and on-call property management services, as needed, until the Public Works projects are completed (Exhibits 1, 2, 3, and 4). The current capital projects which require these services include the Bristol Street and Warner Avenue improvement projects. In addition, these on-call services will support City staff in the day-to-day oversight of right-of-way and property management tasks, such as deed research and 25L-1 Agreements for On -Call Acquisition & Relocation and On -Call Property Management Services August 15, 2017 Page 2 cost estimates for all Public Works projects; reviewing existing leases, licenses, franchises, easements, permits, and other agreements; and providing comprehensive maintenance services for City properties. On June 13, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified consulting firms to provide on-call right-of-way acquisition -relocation and property management services. The RFPs were also posted on the City website. A total of 6 proposals were received for Right -of -Way Acquisition and Relocation services, and a total of 3 proposals were received for Property Management services. All proposals submitted were deemed responsive. These proposals were evaluated by personnel from the Public Works Agency and the City Attorney's Office. Each firm was rated according to its qualifications, experience, staffing capacity to perform the required work, and proposed cost and pricing data. The following is the list of the firms and their respective scores: /A91 Aennicifinn and RPlncafinn Services 1. I Overland Pacific & Cutler (OPC), Inc. 90 2. 1 Paragon Partners, LTD 87 3. CPSllnc. 81 4. Security Land and Right of Way Services, Inc. 76 5. Epic Land Solutions, Inc. 74 6. Bender Rosenthal, Inc. 74 IA91 Prnnartv MannnPmPnf Services 1. Paragon Partners, LTD 91 2. Overland Pacific & Cutler (OPC), Inc. 87 3. Epic Land Solutions 78 Based on the ratings, staff recommends that the top two firms in each of the categories be retained for the respective on-call services, as indicated in the Recommended Action. Most of the proposing firms have assisted the City or other public agencies with right-of-way acquisition - relocation and property management services in the past and they have all demonstrated good track records. In order to enhance the City's economic development efforts and promote accountability, the Community Development Agency and Finance & Management Service Agency will partner with the Public Works Agency in the administration and implementation of these agreements. The Community Development Agency will assist and provide guidance with regards to relocation assistance for displaced businesses, managing and marketing the inventory of vacant properties, and provide economic development opportunities/incentives that may help facilitate successful negotiations with property owners. The Finance & Management Services Agency will assist with 25L-2 Agreements for On -Call Acquisition & Relocation and On -Call Property Management Services August 15, 2017 Page 3 the review of rental agreements and rent collections to ensure accountability. This collaborative effort will provide for more efficient and effective results. 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 There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2017-18 approved CIP budgets, and will be budgeted in future CIPS. 4Fr6Mouvipour Executive Director Public Works Agency FM/MM/WG/KN/ML APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez D Executive Director (V Finance & Management Services Agency Exhibits: Agreements: 1. Acquisition and Relocation Services — Overland Pacific & Cutler, Inc. 2. Acquisition and Relocation Services — Paragon Partners, LTD 3. Property Management Services — Overland Pacific & Cutler, Inc. 4. Property Management Services — Paragon Partners, LTD 25L-3 25L-4 AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY ACQUISITION AND RELOCATION SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Overland Pacific & Cutler (OPC), Inc., 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. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way acquisition and relocation services in connection with various street improvement projects. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-065 for acquisition and relocation services and attached as Exhibit A to this Agreement. 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 terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the acquisition and relocation services that are described in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a, City neither warrants nor guarantees any minimum or maximum 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 amount to be expended shall not exceed $300,000 during the term of the Agreement, including any extension periods exercised under Section 3. 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. Page 1 of 8 EXHIBIT I 25L-5 klINERVaiuTi This Agreement shall commence on the date first written above and continue for three 3 eY ars, tmless terminated earlier in accordance with Section 13, below. The term of this Agreement maybe extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. G. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 EXHIBIT 1 25L-6 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shaI1 not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the EXHIBIT 1 25L-7 Page 3 of 8 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, Confidential infornation includes not only written information, but also infonnation 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 Page 4 of 8 EXHIBIT 1 25L-8 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. P EXHIBIT 1 age 5 of 8 25L-9 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such proposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19, MISCELLANEOUS PROVISIONS a. 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. Page 6 of 8 EXHIBIT 1 25L-10 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P,O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Mark La Bonte VP/Managing Director, Transportation Overland Pacific Cutler, Inc. 1 Joiner, Suite 200 Irvine, CA 92618 Phone: 949-951-5263 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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 proposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 EXHIBIT I 25L-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: e rsar J ohn . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL,: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager CONSULTANT: Marls La Bonte VP/Managing Director, Transportation Tax ID#_ Page 8 of 8 EXHIBIT 1 25L-12 SCOPE OF SERVICES 25L-13 Appendix ATTACHMENT SCOPE OF WORT{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION -RELOCATION AND PROPERTY MANAGEMENT SERVICES RFP NO. 17-065 Introduction and Background; The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call Right of Way Specialty Services firms to provide On -Call. Right of Way Specialty services on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). The capital improvement projects needing the right-of-way services include, but not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street Improvements. The total amount to be expended shall be shared among all consultants providing these services. The services being considered for contract are the following "Specialty Areas": Maximum Contract Specialty Areas Aggregate Amount Al Ac uisition/Rclocation * $600,000 (A2 Property Mana ernent Services * $400,000 Consultants are encouraged to prepare proposals for multiple specialty areas listed above. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (Al and A2). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. Detailed scope of work and the fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any mannor which will best serve the City's interests. * Please note that Right of way'firms are welcome to submit proposals for both Specialty Areas, However, the frin providing the Acquisition/Reloeation for selected parcels will not be selected for Property Management services for the same parcels. City of Santa Ana RFP 17-005 Page Al -1 25L-14 Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: littp://www.dot.ca.Lov/liq/row/rowmati/manual/index.ht Consultant must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. Description of Work: Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP), • The Consultant shall perform work to produce a Egli quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • All acquisition/relocation agents, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents shall be maintained and bound in City of Santa Ane RFP 17-065 Page Al -2 25L-15 appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Formal and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the Project. • Consultant must prepare electronic files of the parcels in according to Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. (Al) ACQUISITION SERVICES: Consultant shall be Responsible for: "good faith negotiations" with property owners for the purchase of right-of-way based on values established in the reviewed and approved appraisals; adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable laws and regulations; preparation of all written correspondence, applicable forms and City's standard purchase agreement; coordination with City staff; performance of notary services related to the signing of acquisition documents; escrow coordination with Agency's selected title company; completion of final close-out work per Caltrans requirements; and maintenance of all acquisition files including acquisition diaries, City of Santa Ana RFP 17-065 Page Al -3 25L-16 Acquisition Consultant Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Caltrans requires that a copy of the appraisal report shall be provided to the owner with the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this case. • Owner to be given reasonable time to consider City's offer and present material relevant to value determination (i,e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract. Agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information. Acquisition tasks shall include but not limited to: • Meet with City staff to discuss assignments and procedures. • Perform the services required by the City with qualified persomrel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel", shall be approved by City, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare and maintain a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Present strategies for negotiating successfully and reach agreements with Property Owners and their representatives and to close the acquisition Process. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel, • As deemed necessary by the City, meet with the City and other staff as requested. • Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall project integrity. • Coordinate with the appraisers for site inspection • Review appraisal reports to ensure conformity with the enviromnental document and the Right -of -Way (ROW) Map. • Prepare and assemble the "Offer Package" using the format approved by the City for City signature, • Meet & Present written purchase offers to property owners as directed by staff. • Negotiate effectively with property owners, or businesses, tenants (or their appointed representatives) to successfully obtain an agreement for the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from City of Banta Ana RFP 17-065 Page Al -4 25L-17 property owners, recommendations for settlements, coordinating with the agency to review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • Obtain property owners' signature on the Purchase & Sale Agreements (PSA) • Obtain re -conveyance and subordination agreements as necessary. • Maintain an accurate and current record of all -pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. • Open Escrow after execution of PSA by the City and Coordinate closely with title & escrow companies to ensure escrow is closed on-time and properly. • Coordinate with lenders and escrow companies to obtain partial re -conveyance for part take acquisitions and obtain approval for close of escrow. • Obtain recorded deeds and title insurance policies after close of escrow and maintain appropriate reports for City. • Prepare and maintain a weekly status report of all cases identified by parcel number, property owner, address, Assessor's parcel map (APN) and all other important information required to monitor progress of acquisition cases I CONTINUED) RELOCATION SERVICES Consultant shall provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: General Relocation Services: • Prepare and maintain a schedule of major activities and milestones for relocation. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. Provide relocation advisory services • Meet personally with each displacee to ascertain the nature and scope of relocation assistance required, to inform the displacees of their rights, and to explain the relocation process • Prepare a weekly status report of relocation cases to be submitted to the City in a format approved by the City Document and log all contacts and activities Prepare and distribute informational brochures and other required notices Determine each displacee's eligibility for relocation; prepare an estimated timeline and benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to presentation to displacee Prepare "Relocation Claim Package" in accordance with City approved format Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit calculations per Caltrans standards, assignment of benefit forms signed by all parties and the consultant, W9 to match the name of the claimant as appears on the claim form. All claims most include the (NOE). City of Santa Ana RFP 17-065 Page Al -5 25L-18 • Relocation checks requested for pick up by consultant must be picked up by authorized personnel from City with a signed receipt. • Consultant must practice a system of "checks & balances" for delivery of relocation checks to recipients. It is suggested that checks be delivered by a different agent involved in negotiating with the claimant, • Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displacees • Obtain Moving bids and prepare estimate of benefits • Coordinate closely with Property Management consultant so that proper fencing, board up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy of the buildings • and asbestos can begin immediately upon vacancy of the buildings Residential Relocation Services shall include but not limited to: Prepare Residential relocation claims and submit to the City for approval and payment • Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe and sanitary regulatory requirements • Coordinate the move with displacee • Prepare certification of abandonment and submit to the City Business Relocation Services shall include but not limited to: • Conduct interviews and establish eligibility for relocation benefits. • Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an inventory of Personal Property, accompany the appraiser if requested. • Coordinate with Real Estate appraiser to ensure there's no duplication of benefits, accompany the appraiser if requested. Coordinate with Business Goodwill appraiser and provide necessary assistance • Search and provide potential relocation sites to the businesses/tenants based on the type of business and their needs. • Determine eligibility for In -Lieu payment • Prepare construction cost estimates to determine reasonable relocation benefits of replacement properties • Determine actual and reasonable search expenses • Arrange for a final walk-through inspection of the property with displacee Coordinate and monitor the move to ensure City purchased items are not part of the move. When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk Sale of the purchased items. • Prepare final claim, certification of abandonment and submit to the City Construction and moving bid services shall include: Movers: • Conduct onsite inventory and photos • Complete certified inventory and mover instruction form Schedule and coordinate bids • Attend site inspection, if necessary Review and compare bids City of Santa Ana RFP 17- 665 Page Al -6 25L-19 Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids • Evaluate for eligibility Relocation Plan Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law, State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with sumrnaty and statistical information regarding the vnpact of a project to potential displaced people. Specifically, this report shall identify potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include: • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. (AZ) PROPERTY MANAGEMENT SERVICES: Description of Work: Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of' final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants. City of Santa Ana RFP 17-065 Page Al -7 25L-20 Property Management duties shall include but not limited to: Review existing leases, licenses, franchises, easements, permits and other agreements for City properties. • Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. • Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents. • Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow. • Schedule, coordinate, and perform property maintenance tasks with qualified vendors. • Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism. • Meet and inspect the City properties post -acquisition to ensure conformance with appropriate regulations. • Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner's name, tenant's name and contract rent amount, notices, vacancy date and demolition. • Maintain and update tenant databases. • Coordinate with City's acquisition/reloeation consultant for post -acquisition Property Management of City properties. Act as Property Management Liaison between the tenants and City. • Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities. • Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures. • Provide Security Services as needed. Security service may be required to deter the vandalism of vacant properties. Hours may vary depending on the need for day or night time security. • Provide comprehensive maintenance services including the yard and site maintenance. • Coordinate vacancy of the properties with acquisition/relocation consultant. • Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security prior to demolition. Arrange for board up if there was any break- in of the original Board Up. • Coordinate and provide access to properties, with demolition contractor. • Coordinate eviction of tenants if necessary with City staff. • Coordinate with Escrow Companies for transfer of tenant information upon closure of escrow. TRUST ACCOUNT: Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies: a) At the creation of the account, Consultant shall document all tenancies that currently exist at City -owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants. Rage Al -8 25L-21 b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants. c) Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City. d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (11) below, (f) All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable. g) Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City's Public Works and Finance and Management Agencies. h) Consultant is required to maintain books and records in compliance with Generally Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant shall provide a listing of the following: i. Rental income by tenant (identify property address) ii. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.) i) Consultant shall make available all books and records related to the services provided to City Finance staff or Independent Certified Public Accounting Firm acting on behalf of City. j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant's books and records related to above -referenced service. The examination may be conducted on annual basis or upon City's discretion on reasonable notice. WEEKLY STATUS REPORTS: Consultant shall provide to the City Weekly Status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but not limited to: • Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.) • Contractor competitive bids • Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing, Board Up, and Testing date, Utility shut off and meter removal dates. • Status report must also include inspection dates and any action iterns deeded during the inspection and follow up of the action items. My of Santa Ana RFP 17-065 Page Al -9 25L-22 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25L-23 2017 Schedule of Hourly Rates Overland, Pacific & Cutler, IrIc Right of Way Management & Implementation Senior Program Manager $250.00 per hour Program Manager $200.00 per hour Senior Project Manager _ $150.00 per hour Project Manager/Project Controls Manager $130,00 per hour Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst $115.00 per hour Acquisition Agent/Relocation Agent/Analyst $105.00 per hour Real Estate Appraisal Managing Director/Director $275.00 per hour Senior Valuation Analyst $225.00 per hour Valuation Analyst~ $150.00 per hour Assistant Valuation Analyst $105.00 per hour .w Utility Coordination Utility Manager JV $150.00 per hour Senior Utility Coordinator $130.00 per hour Utility Coordinator~� $115.00 per hour Right of Way Engineering Project Engineer (PE) $200.00 per hour Survey Manager (PLS) $175.00 per hour ROWE/Survey Analyst $130.00 per hour GTS/CADD Analyst $105.00 per hour ^— — Property Management/Property Services Property Management Supervisor $150.00 per hour Property Manager $115.00 per hour Property Services Supervisor $115.00 per hour Community Liaison $105.00 per hour Landscape Crewperson _ $40.00 per hour Project Support/Administrative _ Y Project Support Specialist $75.00 per hour Administrative Assistant _ $55.00 per hour 25L-24 EXHIBIT C CERTIFICATIONS C-1 through C-3 25L-25 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW lyO�hJ-� 9ON...A.F. JPAVI1 (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put In a sham bid, or that anyone shall refrain 11otn bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are two; and, further, that the BIDDER tins 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 ally 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-colhrsion Affidavit is part of the Proposal. Signing this Proposal oil the signature portion thereof $hall also constitute signature of this Non•colluslon Affidavit. BIDDERS are cautioned that making a false certifica n a�azjectt the certifier to criminal prosecution. SigtTed a State of California County of Subscribed and sworn do (or affirmed} before ma on tVs day of 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. / Notary Public Signature Notary Public Sea] City of Santa Ana RFP Page A3»1 25L-26 W31F94TRUffd .TA', 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 valiclity of that document. State of California ) County of J Subscribed and sworn to (or affirmed) before me on this 4� day oft)L 20 Jj— , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, A ITLI UEVRRA COMM, #2189828 Notary Public a 0911fati a toa ARpatas Cada tRf, 'hesGcl Signature'iG • .0 `% (Cc GC a� (Seal) Optional @nfovirnation Although the information In this section is not required by laa61t could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Tills certificate is attached to a document titled/far the purpose of containing , pages, and dated Proved tome on the basis of satisfactory evidence: Q formW ONden ificatlon O credible wttness(es) Notarlal event Is detailed in nataryjournal on: Rage 11 Entry N Notary ❑ Affiant(s)Thumbprinus) ❑Describe: d CopyNpht 2001-7016 NO(aly kolary, Inc. PO Box 41400, Des b:oloea IA 50111 -0507, All Rights keoe,ved. I1¢11, Number 101004, please c.Ino your Aurhorlae<I keaelte, ry purchase color of this form. 25L-27 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW 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 making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly, Finn Overland, Pacific & Cutler, Signed and Printed Name: / / '4 / Title VP/Managing Director, Transportation Date 7/3/2017 City of Santa Ana RFP Page A3-2 25L-28 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a. collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, S. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Q� Page A3.3 25L-29 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. f� ( / Signed:_.. - Title: VP/Managing Director, Transportatlon Finn: Overland, Pacific & Cutler, Inc, Date: 7/3/2017 e City of Santa Ana RFP Page A3-4 25L-30 AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY ACQUISITION AND RELOCATION SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Paragon Partners, LTD., 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. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way acquisition and relocation services in connection with various street improvement projects. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RPP No. 17-065 for acquisition and relocation services and attached as Exhibit A to this Agreement. 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the acquisition and relocation services that are described in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum 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 amount to be expended shall not exceed $300,000 during the team of the Agreement, including any extension periods exercised under Section 3. 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, Page 1 of 8 EXHIBIT 2 25L-31 3. TERM This Agreement shall commence on the date first written above and continue for three 3 ov ,ars• unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship faxed 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 rise 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 cornrnercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 EXHIBIT 2 25L-32 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as air 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 famished 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. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been. procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Page 3 of 8 EXHIBIT 2 25L-33 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of tine terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's servicesaresubject 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 and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 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. 1.0. 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 sane 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 Page 4 of 8 EXHIBIT 2 25L-34 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; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the tenns of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15, TERMINATION EXHIBIT 2 25L-35 Page 5 of 8 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be affective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the teen of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 EXHIBIT 2 25L-36 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 I Fax: 714- 647-5635 To Consultant: ....... .............. .,....:........; Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Neilia LaValle President & CEO Paragon Partners, LTD 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 Phone: 714-379-3376 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Page 7 of 8 EXHIBIT 2 25L-37 ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk ��— Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager CONSULTANT: Neilia LaValle President & CEO Tax ID# Page 8 of 8 EXHIBIT 2 25L-38 EXHIBIT A SCOPE OF SERVICES 25L-39 Appendix ATTACIHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION -RELOCATION AND PROPERTY MANAGEMENT SERVICES RFP NO, 17-065 Introduction and Background: The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call Right of Way Specialty Services finns to provide On -Call Right of Way Specialty services on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). The capital improvement projects needing the right-of-way services include, but not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street Improvements. The total amount to be expended shall be shared among all consultants providing these services. The services being considered for contract are the following "Specialty Areas": Specialty Areas axintnm Contract Aserega;p Amount (Al)Acquisition/Relocation * $600,000 A2 Property Management Services * $400,000 Consultants are encouraged to prepare proposals for multiple specialty areas listed above. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (Al and A2). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. Detailed scope of work and the fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. * Please note that Right of way firms are welcome to submit proposals for both Specialty Areas. However, the firm providing the Acquisition/Relocation for selected parcels will not be selected for Property Management services for the same parcels, City of Santa Ana RFP 17.065 Page Al -1 25L-40 Minhu"M Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: hLtp://www.doi.ea.gov/hg/row/rowman/mttntial/indox.lilm, Consultant must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DucHritlon of Work: Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded. projects, All workshall be perfortned in conformance with all applicable regulations, policies, procedures and standards. • All acquisition/relocation agents, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall cant' out the instructions received From the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by tine City may NOT include a detailed review for the accuracy of items submitted. The responsibility For accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sufi -consultant markup is not allowed in this contract. • 'rhe Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently ellecked, corrected and back checked. All projects related correspondences and documents shall be maintained and bound in City of Santa Ana RFP 17-065 Page Al -2 25L-41 appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City, Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of tiles must be through a shared folder, Consultant must upload and keep current the project parcel information and files in the shared folder established for the Project. • Consultant must prepare electronic files of the parcels in according to Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All. work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City, • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. (AI) ACQUISITION SERVICES: Consultant shall be Responsible for: "good faith negotiations" with property owners for the purchase of right-of-way based on values established in the reviewed and approved appraisals; adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable laws and regulations, preparation of all written correspondence, applicable forms and City's standard purchase agreement; coordination with City staff; performance of notary services related to the signing of acquisition documents; escrow coordination with Agency's selected title company; completion of final close-out work per Caltrans requirements; and maintenance of all acquisition files including acquisition diaries, City of Santa Ana RFP 17.465 Page Al -3 25L-42 Acquisition Consultant Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 clays of approved appraisal. • First Written Offer should be presented in person when possible. • Caltrans requires that a copy of the appraisal report shall be provided to the owner with the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this case. • Owner to be given reasonable time to consider City's offer and present material relevant to value determination (i.e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract, Agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information. Acquisition tasks shall include but not limited to: • Meet with City staff to discuss assignments and procedures. • Perform the services required by the City with qualified personnel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel", shall be approved by City, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare and maintain a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. UponCity's written approval of the estimated cost, initiate the assignment in a timely manner. • Present strategies for negotiating successfully and reach agreements with Property Owners and their representatives and to close the acquisition Process. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel. • As deemed necessary by the City, meet with the City and other staff as requested. • Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall project integrity. • Coordinate with the appraisers for site inspection • Review appraisal reports to ensure conformity with the enviromnental document and the Right -of --Way (ROW) Map. • Prepare and assemble the "Offer Package" using the format approved by the City for City signature. • Meet & Present written purchase offers to property owners as directed by staff. • Nogotiatc effectively with property owners, or businesses, tenants (or their appointed representatives) to successfully obtain an agreement for the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from City of Santa Ana RPP 17-065 Page AIA 25L-43 property owners, recommendations for settlements, coordinating with the agency to review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete tfte acquisition, • Obtain property owners' signature on the Purchase & Sale Agreements (PSA) • Obtain re -conveyance and subordination agreements as necessary. • Maintain an accurate and current record of all -pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. • Open Escrow after execution of PSA by the City and Coordinate closely with title & escrow companies to ensure escrow is closed on-time and properly. • Coordinate with lenders and escrow companies to obtain partial re -conveyance for part take acquisitions and obtain approval for close of escrow, • Obtain recorded deeds and title insurance policies after close of escrow and maintain appropriate reports for City. • Prepare and maintain a weekly status report of all cases identified by parcel number, property owner, address, Assessor's parcel map (APN) and all other important information required to monitor progress of acquisition cases AW CONTINUED) RCL QCA'ION SERVICES Consultant shall provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: General Relocation Services: Prepare and maintain a schedule of major activities and rrdlestones for relocation. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. Provide relocation advisory services • Meet personally with each displaces to ascertain the nature and scope of relocation assistance required, to inform the dispiaeees of their rights, and to explain the relocation process • Prepare a weekly status report of relocation cases to be submitted to the City in a format approved by the City Document and log all contacts and activities • Prepare and distribute informational brochures and other required notices Determine each displacee's eligibility for relocation; prepare an estimated thneline and benefits. All Notice of Eviction's (NOR) must be reviewed by the City prior to presentation to displacee Prepare "Relocation Claim Package" in accordance with City approved format Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit calculations per Caltrans standards, assignment of benefit forms signed by all parties and the consultant, W9 to match the name of the claimant as appears on the claim form. All claims must include the (NOR). City of Santa Ana RFP 17-005 Page Al -5 25L-44 Relocation checks requested for pick tip by consultant must be picked up by authorized personnel from City with a signed receipt. Consultant must practice a system of "checks & balances" for delivery of relocation checks to recipients, It is suggested that checks be delivered by a different agent involved in negotiating with the claimant. • Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displacees • Obtain Moving bids and prepare estimate of benefits • Coordinate closely with Property Management consultant so that proper fencing, board up, utility slut -off and testing of lead and asbestos can begin immediately upon vacancy of the buildings and asbestos can begin immediately upon vacancy of the buildings Residential Relocation Services shall include but not limited to: Prepare Residential relocation claims and submit to the City for approval and payment Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe and sanitary regulatory requirements • Coordinate the move with displacee Prepare certification of abandonnent and submit to the City Business Relocation Services shall include but not limited to: Conduct interviews and establish eligibility for relocation benefits, Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare all inventory of Personal Property, accompany the appraiser if requested. ° Coordinate with Real Estate appraiser to ensure there's no duplication of benefits, accompany the appraiser if requested. • Coordinate with Business Goodwill appraiser and provide necessary assistance Search and provide potential relocation sites to the businesses/tenants based on the type of business and their needs. Determine eligibility for In -Lieu payment Prepare construction cost estimates to determine reasonable relocation benefits of replacement properties Determine actual and reasonable search expenses Arrange for a final walk-through inspection of the property with displacee Coordinate and monitor the move to ensure City purchased items are not part of the move. When Personal FF&E is purchased from tenants, consultant roust assist the City for Bulk Sale of the purchased items. Prepare final claim, certification of abandonment and submit to the City Construction and moving bid services shall include: Movers: Conduct on site inventory and photos Complete certified inventory and mover instruction form Schedule and coordinate bids Attend site inspection, if necessary Review and compare bids City of Santa Ana RFP 17.065 Page Al -6 25L-45 Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids Attend site inspection, if necessary Review and compare bids Evaluate for eligibility Relocation Plan Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law, State Housing and Community Development (I3CD) Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with srmnmary and statistical information regarding the impact of a project to potential displaced people. Specifically, this report shall identify potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include: • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. W) PROPERTY MANAGEMENT SERVICES: Description of Work: Consultant will coordinate all of the properly management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during rine transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants, City of Santa Ana RFP 17-065 Page Al -7 25L-46 Property Management duties shall include but not limited to: Review existing leases, licenses, franchises, easements, permits and other agreements for City properties. Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. • Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City, Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents. • Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow, • Schedule, coordinate, and perform property maintenance tasks with qualified vendors. • Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism. Meet and inspect the City properties post -acquisition to ensure conformance with appropriate regulations. Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner's name, tenant's name and contract rent amount, notices, vacancy date and demolition. • Maintain and update tenant databases, • Coordinate with City's acquisition/relocation consultant for post -acquisition Property Management of City properties. Act as Property Management Liaison between the tenants and City. Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities. • Coordinate the removal of maters with utility companies in a timely manner to ensure scheduled demolition of structures. Provide Security Services as needed. Security service may be required to deter the vandalism of vacant properties. Hours may vary depending on the need for day or night time security. Provide comprehensive maintenance services including the yard and site maintenance. • Coordinate vacancy of the properties with acquisition/relocation consultant. Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security prior to demolition, Arrange for board up if there was any break- in of the original Board Up. Coordinate and provide access to properties, with demolition contractor. Coordinate eviction of tenants if necessary with City staff. Coordinate with Escrow Companies for transfer of tenant information upon closure of escrow. TRUST ACCOUNT; Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies: a) At the creation of the account, Consultant shall document all tenancies that currently exist at City -owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, begimring date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants. nta Ana RFP t Page A1.8 25L-47 b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants. c) Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City. d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (h) below. All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and oorresponding City approval if applicable. g) Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City's Public Works and Finance and Management Agencies. h) Consultant is required to maintain books and records in compliance with Generally Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant shall provide a listing of the following: L Rental income by tenant (identify property address) ii. Expenditures by category (e.g., utilities, maintenance, property management tees, etc.) i) Consultant shall make available all books and records related to the services provided to City Finance staff or Independent Certified Public Accounting Firm acting on behalf of City. j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant's books and records related to above -referenced service. The examination may be conducted on annual basis or upon City's discretion on reasonable notice. WEEKLY STATUS REPORTS: Consultant shall provide to the City Weekly Status reports relating to the management and operation of the promises for the preceding calendar weak. These documents shall include the following, but not limited to: • Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.) Contractor competitive bids Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing, Board Up, and Testing date, Utility shut off and motor removal dates. • Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items. City of Santa Ana RFP 17-095 Page Al -9 25L-48 EXHI'.BIT B COMPENSATION Fee Proposal including hourly rates if applicable 25L-49 PARAGON PARTNERS 2017 2017 Schedule of Professional Fees Classification Project Director Hourly Rate $195.00 Project Manager _ _ l $175,00 Principal Acquisition Agent $115,00 Senior Acquisition Agent _e $ 95.00 Acquisition Agent $ 85M Principal Relocation Agent $115.00 Senior Relocation Agent $ 95,00 Relocation Agent $ 85,00 Title Manager $185.00 Title Supervisor _ $120,00 Agent— Senior Title Agent $ 95,00 Title Agent�^ �� $ 85,00.T��, Project Controls Speeiailst $ 85,00 Project or Escrow Coordinator mmm__ $ 75.00 Right of Way Engineer P.E. $150.004_ Senior Right of Way Engineer/GIS Supervisor $125.00 Associate Right of Way Engineer/GIS Speclallst $ 95.00 Right of Way Engineering Technician $ 75.00 Administrative Support $ 65.00 Office Clerk $ 50,00 ITSupport — $125.00 _ Depositions and Court Testimony Copies Xerox) @ $0.15 each Cellular @ $250.00 ..__.e. Cost D & E Size Copies @ $5.00 each Air Travel & Lodging @ Cost Real Estate Data Services @ Cost+ 15% _ Mllea e_ @ $0.535 per mile* Tsleone/Fax @ Cost ph Subconsultants @ _ cost Postage/FedEx @ Cost Other Expenses @ Cost+ 15% "Or current IRS allowable Terms of Payment Net 30 days, Invoices will be submitted monthly, All rates are effective as of January 1, 2017, Rates may be revised annually on January 1 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. 25L-50 EXHIBIT C CERTIFICATIONS C-1 through C-3 25L-51 m m 24:81:2 *6106161,0 Paragon has provided our pricing proposal in a separately sealed envelope, as requested by the City. Appendix 7 ATTACHMENT34: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONST] LITY HEV I1AV MIN—moll,IISI? EIJ V'1' ('11110 23 United Stales Code Section 112 and Public Contract Code Scatter) 7106) 'to (Ito MY OF SAN'T'A ANA DEiPARTMENTOF PUBLIC WORKS In accordance wilh'fidc 23 United Slalas Code Section 112 and Public Conlnicl Coda 7106 Ills IIIIA &A declares that rhe bel is not trade in rhe hlleresl ol', or wt behnif of, any undisclosed person, Imrnurship, coalawy, association, organization, or corporation; thal Ilia blit is Scnaine and as collusive or shorn; that the BIDDER tins not directly or indirectly induced or solicited any other BIDDER to put in a @Iso or shau bill, and has not directly or Indirectly colluded, wnspi"c 1, C011111MI nr agreed with any 1110171iR or anyone else to put in it shoot bid, or that anyone shall correct from bidding; that ilia BIDDER has nol in tiny nunmar, directly or indiroctly, sought by uureent¢nl, canununicuinu, or eoni'cicncc reith anyone to its, the bid price of the BIDDC.It or ary DIDDEM, or to fix any overheat, prolit, a•cast cleacnt or Tho bid p19ca, or orthat ornny otlwr DID17RII, or to s^"tica any advantage ayohm ilia public, body awarding ilia eo droit oratyonc interested a tine prolmsed eantmal; that all slatentents contained in ilia hid aro Into; and, farther, That ilia BIDDER has not, tfllecity or Indirectly, submitted Ills or her bid Pilau or any bwakdown Iltercot, or Ota amnents thereof, or divultIod htf ainadoo or dula reltttiva Illowto, or Paid, nal will not pay, any, Px to tiny corporation, partnership, company ilmooiollon, orgtoNatluo, bkd dopoahory,or to any member oragpnl II IBnmfto eficcloala It Cal [till Va or allall hid• Nola; '11 iv above ban -cut IUsioo AMilli yiI Is pa•I or die Proposal, Signinli Ihis Proposal nu ilia sitdnature pwtion thereof shall also constPoo signa1urc ol'this Nomcollmion A6i(lavii, BIDDERS are cotntioacd that uuddnga[alai ccrlhicnliwt nin,y„ trbfact thocerlifier tocrindnnl pnlsocutiom signed State of Calnnif��arnin Cnunly of Ur.ANA<✓._ Subserilood at sworn to (or affirmed) bcforc ilia. on Ihis ffi—day of �pA6 , 20.17, by _N�L110, ___ , Prnccd to me on the basis of salisr'actory cvidence to be (lie persons) who appeared before ilia. Y"�'''E�7" NxukanYlahs j s�.• Cumm 1Yt47011 Pr�t�: kanry yublk exakmle ` �e el 9ranCla Lnumy � :r. ,/ comrdEglaM tAuai,YtlM N ary Public Siguahae Notary Publio Sent City of Santa Ann RFP Page A3-1 [g7 PARAGON CITY OF SANTA ANA I ON-CALL. RIGHT OF WAY PROPERTY MANAGEMENT SERVICES i� PARINIILS• 25L-52 Appendix AT'TACHMICN'I' 3.2: NON-I,01313YiNG CI;ItT[CCCA'I°ION CrIATIFICATIONS :1 CONSTRUCTABILITY REVIEW The prospective parlicipnnt certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and bellef, that: I. No federal appropriated fonds have been paid or will be paid, by or on behalf of the undarsigimd, to any person fw• influencing or attempting to intlucnec an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or al employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuntian, renewal, amendment, or modification of any federal contract, grant, loan, or cooporative agreement. 2. If any finds other than federal appropriated funds have been paid or will be paid to any person for Influencing of attempting to intlUence any officer or employee of any federal agency, a Member of Congress, an officor or employee of Congress, at- an employee of Member of Congress in connection with this federal contract, groat loan, loan of cooporative agreement, the undersigned shaft complete and submit a "Discloswo of Lobbying Activities". This certification N a material representation of fact Upon which reliance was placed when this transaction was matte or entered into, Submission of this certification is a prorcgalshe for ranking Or entering into this transaction Imposod by Section 1352, Title 31, U. S. Code. Any person who falls 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 hid or proposal that he or she shall require that the language of this certil ication be included in all lower for subcontracts, which exceed $100,000 and that all such sob recipients shall certify and disclose accordingly. Firm paragon Partners Ltd. Signed and Printed Name: Neilia I.aValle Title President an<I CEO Doh: 6129/2017 City of Santa Tuna RFP Page A3-2 t,'✓ ON pA' NW S CITY OF SANTAANA I ON -GALL RIGHT OF WAY PROPERTY MANAGEMEN1 SERVICES 25L-53 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CER`T'IFICATION CERTIFICATIONS CON'STRUCTARILITX REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; reoruitment or recruitment advertising; layoff" or termination; rates of pay or other forms of compensation; ant! selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which lielsite has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Fxecutive Order 11246 of September 24, 1965, mad of the rules, regulations, and relevant orders of the Secretary of Labor, 5� The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, andfby rules, regulations, and orders of the Secretary of Labor, or pursuant theroto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government 'contracts or federally assisted construction. contracts in accordance with procedures authorized In Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7, The Consultant shall include tho portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (t) through (7) In every subcontract or purchase order unless oxomptod City of Santa Ana RFP Page A3-3 25L-54 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Cotte Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made inthe employment of persons upon public works because of race, religious orood, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter, Signed: �-Q,-.—.� Title: President and CCO firm: Paragon Partners Ltd. Date: 7/2012017 City of Santa Ana RFP Page A3.4 25L-55 25L-56 AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY PROPERTY MANAGEMENT SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Overland Pacific & Cutler (OPC), Inc., 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. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way property management services in connection with various street improvement projects. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-065 for property management services and attached as Exhibit A to this Agreement. 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 tenors and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the property management services that are described in. Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum 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 amount to be expended shall not exceed $300,000 during the term of the Agreement, including any extension periods exercised under Section 3. 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. EXHIBIT 3 25L-57 Pagel of 8 3. TERM This Agreement shall commence on the date first written above and continue for three 3 ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perforans the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpaual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data, Consultant makes no such representation and warranty in regard. to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act Page 2 of 8 EXHIBIT 3 25L-58 or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent fonn, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the 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. elfinsurance. 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. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7, INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives fiom liability: (1) for personal Page 3 of 8 EXHIBIT 3 25L-59 injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 0£ this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason, of the teams 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, fitom the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable, Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement, 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, Confidential information includes not only written information, but also Page 4 of 8 EXHIBIT 3 25L-60 infonnation 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any maturer with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilisation, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 8 EXHIBIT 3 25L-61 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City doonrs appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION » VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature berein 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. Page 6 of 8 EXHIBIT 3 25L-62 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O, Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Mark La Bonte VP/Managing Director, Transportation Overland Pacific Cutler, Inc. I Jonnor, Suits 200 Irvine, CA 92618 Phone: 949.951-5263 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 A panty 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. Page 7 of 8 EXHIBIT 3 25L-63 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 ink Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager CONSULTANT: Mark La Sante VP/Managing Director, Transportation Tax ID# EXHIBIT 3 25L-64 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25L-65 Appendix ATTACHMENT 1 SCOPE OF WORD CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION -RELOCATION AND PROPERTY MANAGEMENT SERVICES RFP NO. 17-065 Introduction and Background: The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call Right of Way Specialty Services firms to provide On -Call Right of Way Specialty services on an as -needed basis, From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). The capital improvement projects needing the right-of-way services include, but not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street Improvements. The total amount to be expended shall be shared among all consultants providing these services. The services being considered for contract are the following "Specialty Areas": Maximum Contract Specialty Areas Aggregate Amount Al Acquisition/Relocation * $600,000 (A2Property Management Set -vices * $400,000 Consultants are encouraged to prepare proposals for multiple specialty areas listed above. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (Al and A2), The City will enter into separate agrecments (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. Detailed scope of work and the fee will be outlined when a specific task is assigned to a consultant. The City reserves the tight to distribute the work in any manner which will best serve the City's interests. * Please note that Right of way firms are welcome to submit proposals for both Specialty Areas. However, the firm, providing the Acquisition/Relocation for selected parcels will not be selected for Property Management services for the same parcels. City of Santa Ana RFP 17-065 Page Al -1 25L-66 lfiffinum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: Jut -s• /www. lot,ca.sov/ho/row/rownaarn/manual/irdex.htm. Consultant must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. Description of Work: Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or thein designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • All acquisition/relocation agents, performing work for the City, must hold a valid California heal Estate License, Salespersons must be registered with California Department of Real Estate (DRE), as working solely tinder the Consultant's supervising broker of record, • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant, • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants, The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents shall be maintained and bound in mftm�_ - - �•�•re City of Santa Ana RFP 17-065 Page Al -2 25L-67 appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assigmnent and complete each task in accordance with the schedule and accommodate the City's needs. The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Consultant's Project Manager and critical staff must attend the monthly meetings with City 'Staff' and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. s Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the Project. • Consultant must prepare electronic files of the parcels in according to Caltrans Review Process for right-of-way Ccrtifrcation. Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. (All ACQUISITION SERVICES: Consultant shall be Responsible for: "good faith negotiations" with property owners for the purchase of right-of-way based on values established in the reviewed and approved appraisals; adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable laws and regulations; preparation of all written correspondence, applicable forms and City's standard purchase agreement; coordination with City staff, performance of notary services related to the signing of acquisition docurnents; escrow coordination with Agency's selected title company; completion of final close-out work per Caltrans requirements; and maintenance of all acquisition files including acquisition diaries, City of Santa Ana RFP 17.065 Page Al -3 25L-68 Acquisition Consultant Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Caltrans requires that a copy of the appraisal report shall be provided to the owner with the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this case. • Owner to be given reasonable time to consider City's offer and present material relevant to value determination (i.e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract. Agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information. Acquisition tasks shall include but not limited to: • Meet with City staff to discuss assignments and procedures, • Perform the services required by the City with qualified personnel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel', shall be approved by City, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare and maintain a schedule of major activities and milestones and provide an. estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Present strategies for negotiating successfully and reach agreements with Property Owners and their representatives and to close the acquisition Process. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel, • As deemed necessary by the City, meet with the City and other staff as requested. • Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall project integrity. • Coordinate with the appraisers for site inspection • Review appraisal reports to ensure conformity with the environmental document and the Right -of -Way (ROW) Map. • Prepare and assemble the "Offer Package" using the format approved by the City for City Signature. • Meet & Present written purchase offers to property owners as directed by staff. • Negotiate effectively with property owners, or businesses, tenants (or their appointed representatives) to successfully obtain an agreement for the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or dernands from City of Santa Ana RPP 17.065 Page Al -4 25L-69 property owners, recommendations for settlements, coordinating with the agency to review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • Obtain property owners' signature on the Purchase & Sale Agreements (PSA) • Obtain re -conveyance and subordination agreements as necessary. • Maintain an accurate and current record of all -pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. • Open Escrow after execution of PSA by the City and Coordinate closely with title & escrow companies to ensure escrow is closed on-time and properly. • Coordinate with lenders and escrow companies to obtain partial re -conveyance for part take acquisitions and obtain approval for close of escrow. • Obtain recorded deeds and title insurance policies after close of escrow and maintain appropriate reports for City. • Prepare and maintain a weekly status report of all cases identified by parcel number, property owner, address, Assessor's parcel map (APN) and all other important information required to monitor progress of acquisition cases (AI CONTINUED) RELOCATION SERVICES Consultant shall provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation coni estimates, project area surveys and other speeializod reports. Consultant's relocation services include, but are not limited to the following: General Relocation Services: • Prepare and maintain a schedule of major activities and milestones for relocation. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Provide relocation advisory services • Meet personally with each displacee to ascertain the nature and scope of relocation assistance required, to inform the displacees of their rights, and to explain the relocation process • Prepare a weekly status report of relocation cases to be submitted to the City in a format approved by the City Document and log all contacts and activities • Prepare and distribute informational brochures and other required notices • Determine each displacee's eligibility for relocation; prepare an estimated timeline and benefits. All. Notice of Eviction's (NOE) must be reviewed by the City prior to presentation to displacee • Prepare "Relocation Claim Package" in accordance with City approved format Claim package roust clearly identify the beneficiary of the claim (tenant or owner), benefit calculations per Caltrans standards, assignment of benefit forms signed by all parties and the consultant, 13 r9 to match the name of the claimant as appears on the claim form, All claims must include the (NOE). City of Santa Ana RFP 17-065 Page Al -5 25L-70 • Relocation checks requested for pick up by consultant must be picked up by authorized personnel from City with a signed receipt. • Consultant must practice a system of "checks & balances" for delivery of relocation checks to recipients, It is suggested that checks be delivered by a different agent involved in negotiating with the claimant. • Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displaeees • Obtain Moving bids and prepare estimate of benefits • Coordinate closely with Property Management consultant so that proper fencing, board Lip, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy of the buildings • and asbestos can begin immediately upon vacancy of the buildings Residential Relocation Services shall include but not limited to: • Prepare Residential relocation claims and submit to the City for approval and payment • Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe and sanitary regulatory requirements • Coordinate the move with displacee • Prepare certification of abandonment and submit to the City Business Relocation Services shall include but not limited to: • Conduct interviews and establish eligibility for relocation benefits. • Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an inventory of Personal Properly, accompany the appraiser if requested. Coordinate with Real Estate appraiser to ensure there's no duplication of benefits, accompany the appraiser if requested, Coordinate with Business Goodwill appraiser and provide necessary assistance • Search and provide potential relocation sites to the businesses/tenants based on the type of business and their needs. • Determine eligibility for In -Lieu payment • Prepare construction cost estimates to determine reasonable relocation benefits of replacement properties Determine actual and reasonable search expenses • Arrange for a final walk-through inspection of the property with displacee Coordinate and monitor the move to ensure City purchased items are not part of the move. When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk Sale of the purchased items. Prepare final claim, certification of abandonment and submit to the City Construction and moving bid services shall include: Movers: • Conduct on site inventory and photos Complete certified inventory and mover instruction form Schedule and coordinate bids Attend site Inspection, if necessary Review and compare bids amam City of Santa Ana RFP 17-065 Page Al -6 25L-71 Contractors: Verify licensing • Prepare mover instruction form Schedule and coordinate bids Attend site inspection, if necessary Review and compare bids Evaluate for eligibility Relocation Plan Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law, State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with summary and statistical information regarding the impact of a project to potential displaced people. Specifically, this report shall identify potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include; • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. (M) PROPERTY MANAGEMENT SERVICES: Description of Work: Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary, Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants. City of Santa Ana RPP 17.066 Page Al -7 25L-72 Property Management duties shall include but not limited to: Review existing leases, licenses, franchises, easements, permits and other agreements for City properties, • Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. • Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both patties and include in the escrow documents. • Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow. Schedule, coordinate, and perform property maintenance tasks with qualified vendors. • Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism. • Meet and inspect the City properties post -acquisition to ensure conformance with appropriate regulations. • Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner's name, tenant's name and contract rent amount, notices, vacancy date and demolition. • Maintain and update tenant databases. Coordinate with City's acquisition/relocation consultant for post -acquisition Property Management of City properties. • Act as Property Management Liaison between the tenants and City, • Coordinate with all utility companies for transfer and disconnection including but not limited to City 'Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities. • Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures, • Provide Security Services as needed. Security service may be required to deter the vandalism of vacant properties. Hours may vary depending on the need for day or night time security. Provide comprehensive maintenance services including the yard and site maintenance. • Coordinate vacancy of the properties with acquisition/relocation consultant. • Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security prior to demolition. • Arrange for board up if there was any break- in of the original Board Up. • Coordinate and provide access to properties, with demolition contractor. • Coordinate eviction of tenants if necessary with City staff. • Coordinate with Escrow Companies fox transfer of tenant information upon closure of escrow. TRUST ACCOUNT: Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies: a) At the creation of the account, Consultant shall document all tenancies that currently exist at City -owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants. Page Al -8 25L-73 b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants. c) Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City, d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. e) The operating reserve amount in the account shall be $5,000 per parcel, Consultant is required to remit Hinds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month, On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (h) below. (1) All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable. g) Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall conium all changes in writing to City's Public Works and Finance and Management Agencies. h) Consultant is required to maintain books and records in compliance with Generally Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant shall provide a listing of the following: i. Rental income by tenant (identify property address) ii. Expenditures by category (e.g., utilities, maintenance, property management fees, etc,) i) Consultant shall make available all books and records related to the services provided to City Finance staff or independent Certified Public Accounting Film acting on behalf of City. j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant's books and records related to above -referenced service. The examination may be conducted on annual basis or upon City's discretion on reasonable notice. WEEKLY STATUS REPORTS: Consultant shall provide to the City Weekly Status reports relating to the management and operation of the premises for the preceding calendar week, These documents shall include the following, but not limited to: Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.) • Contractor competitive bids • Tenant information, Owner's information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing, Board Up, and Testing date, Utility shut off and meter removal dates. Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items. City of Santa Ana RFP 17-066 Page Al -9 25L-74 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25L-75 Right of Way Management & Implementation Senior Program Manager $250.00 per hour Program Manager $200,00 per hour Senior Project Manager $150.00 per hour Project Manager/Project Controls Manager $130,00 per hour Sr. Acquisition Agent/Sr. Relocation Agent/Sr, Analyst $115,00 per hourT Acquisition Agent/Relocation Agent/Analyst $105.00 per hour Real Estate Appraisal Managing Director/Director $275.00 per hour Senlor Valuation Analyst v $225.00 per hour Valuation Analyst $150,00 per hour Assistant Valuation Analyst $105.00 per hour Utility Coordination Utility Manager $150.00 per hour Senior Utility Coordinator $130.00 per hour Utility Coordinator $115,00 per hour Right of Way Engineering Project Engineer (PE) $200,00 per hour Survey Manager (PLS) $175,00 per hour ROWS/Survey Analyst $130,00 per hour GIS/CARD Analyst $105,00 per hour _ 4uYProperty Management/ Property Services Property Management Supervisor $150,00 per hour Property Manager $115,00 per hour Property Services Supervisor $115,00 per hour Community Liaison i $105,00 per hour Landscape Crewperson $40.00 per hour Project Support/Administrative Project Support Specialist per hour Administrative Assistant _$75,00 $55,00 per hour 25L-76 EXHIBIT C CERTIFICATIONS C- I through C-3 25L-77 Appendix , ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVII" ("Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not mado in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid I$ gentdrte and not collnsiva 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 dhcetly 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 13IDDER has not in any maturer, directly or indirectly, sought by agreement, coitununicatlon, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, a, 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 publlo 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 tee 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 Nou-collusion Affidavit is part of the Proposal. Signing this Proposal ora the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that malting a false certificatyowrrt t Jact the cett[fier to criminal prosecution. state of California County of Subscribed and sworn to (or affirmed) before rue on tye day of 20_,u, by , proved to me on the basis of satisfactory evidence to be the parsons) who appeared before me, Notary PublicSign% Notary Public Seal n City of Santa Ana RFP Page A3.1 25L-78 ;�I,;\lIdAT1R1/A1 A notary pub is 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 IC)S 'Y (1 e _ If ) Subscribed and sworn to (or affirmed) before me on this ,.fir/ day of �'l 20 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. AtlTtA UEVARA COMM. #2169828 m Notary Public • California c loo Angelo Countyry hea CCL 18 YVij (Seal) Signature �16t , a ()y�L4�2� GlpflonM Information Although the Information IB this section Is not required by law, It call cl prevent fraudulent u noval and reattachment of tbis)urat to an unauthorized document end may prove useful to persons relying on the attached document, Description of Attached t7ocunlent This certificate Is attached to a document titled/for the purpose of containing pages, and dated u1ltUl irciru rt kiln iir)�> Methodof Affiant Identification _....__..._ Proved to me on the basis of satisfactory evidence; Ofoun(dofidenliacatlun Ocrediblewmaess(es) Notarial event is detailed in notary journal on: Page it Entty# Notary contact: other [] Affiant(s)Thumbprint(s) [-.] Describe, m Coo%right Y00P 2016 Notary Rotary, Inc Po Cox 411100, ops bloln¢s. IA 50311-0507. All Poghtf fieeerved. Item Number IoIDeA. Please mnmct your A.1110r ¢ed Nesall r ro purchase coPles of thl, form. 25L-79 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABII,ITY REVIEW 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 malting 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 fiords have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agrcornent, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Scction 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 eaeb such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Overland, Pacific & Cutler, Signed and Printed Name: / i `1" 7 Title VP/Managing Director, Transportation Date 7/3/2017 City of Santa Ana RFP Page A3-2 25L-80 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows; The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to rage, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 0£ September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized, in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted EMMERE- City of Santa Ana RFP Page A3-3 25L-81 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. &. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: VP/Managing Director, Transportation Firm: Overland, Pacific & Cutler, Inc. Date: 7/3/2017 r City of Santa Ana RFP Page A3-4 25L-82 AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY PROPERTY MANAGEMENT SERVICES THIS AGREEMENT is made and entered into this day of August, 2017 by and between Paragon Partners, UrD., a California corporation ("Consultant"), and the City of Santa Ana, a charter city said municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way property management services in connection with various street improvement projects. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-065 for property management services and attached as Exhibit A to this Agreement, C. hi undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the property management services that are described in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum 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 amount to be expended shall not exceed $300,000 during the term of the Agreement, including any extension periods exercised under Section 3. 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. Page 1 of 8 EXHIBIT 4 25L-83 3. TERM This Agreement shall commence on the date first written above and continue for three 3 ey ars. unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement, however, the services to be provided by Consultant shall be provided in a mamier consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medirsn 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 untended 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. Cormnercial General Liability hisurance. Consultant shall maintain commercial. general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 EXHIBIT 4 25L-84 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. o. "Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section; i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by tivs section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7, INIDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Page 3 of 8 EXHIBIT 4 25L-85 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the set -vices described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement, 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 snake 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 duce (3) years from the date of 'final payment to Consultant under this Agreement, 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered Page 4 of 8 EXHIBIT 4 25L-86 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City, 11. CONFLICT OF INTEREST CLAUSE' Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may notbe 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 terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigrmront, 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. Page 5 of R EXHIBIT 4 25L-87 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies, 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perforrnanec, and enforcement of any of the clauses of this Agreement shall be deternined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement, 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature heroin 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. Page 6 of 8 EXHIBIT 4 W714FOO, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, 20, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the mariner 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: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O, Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Neilia LaValle President & CEO Paragon Partners, LTD 5762 Bolsa Avenue, Suite 201 .Huntington Beach, CA 92649 Phone: 714-379-3376 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. Page 7 of 8 EXHIBIT 4 25L-89 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;�1�� John Vnk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager CONSULTANT: Neilia LaValle President & CEO Tax ID# EXHIBIT 4 25L-90 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25L-91 Appendix ATTACHMENT 1 SCOPE OF WORK. CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION -RELOCATION AND PROPERTY MANAGEMENT SERVICES RFP NO. 17-065 Introduction and Background: The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified On -Call Bight of Way Specialty Services firms to provide On -Call Right of Way Specialty services on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s), The capital improvement projects needing the right-of-way services include, but not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street Improvements, The total amount to be expended shall be shared among all consultants providing these services. The services being considered for contract are the following "Specialty Areas": Maximum Contract Specialty Areas Aggregate Amount Al) Acquisition/Relocation * $600,000 (A2) Prqpeiiy PropertyManagement Services * $400,000 Consultants are encouraged to prepare proposals for multiple specialty areas listed above. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (Al and A2), The City will enter into separate agreements (tire "Agreement") with each of these firms, Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints, Detailed scope of work and the fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. * Please note that Right of way funis arc welcome to submit proposals for both Specialty Areas. However, the firm providing the Acquisition/Relocation for selected parcels will not be selected for Property Management services for the same parcels. City of Santa Ana RFP 17-065 Page Al -1 25L-92 Minimum Qualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: http://www.dot.ca gov/hnhrow/rowman/manupl/indcx.lttm. Consultant must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. Description of Work; Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • All acquisition/relocation agents, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies, • The Consultant shall cavy out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced, The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted, The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents shall be maintained and bound in City of Santa Ana RFP 17-065 Page Al -2 25L-93 appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisidon/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the Project, • Consultant must prepare electronic files of the parcels in according to Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. AI ACQUISITION SERVICES: Consultant shall be Responsible for: "good faith negotiations" with property owners for the purchase of right-of-way based on values established in the reviewed and approved appraisals; adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable laws and regulations; preparation of all written correspondence, applicable forms and City's standard purchase agreement; coordination with City staff; performance of notary services related to the signing of acquisition documents; escrow coordination with Agency's selected title company; completion of final close-out work per Caltrans requirements; and maintenance of all acquisition files including acquisition diaries. City of Santa Ana RFP 17-065 Page Al -3 25L-94 Acquisition Consultant Responsibilities ander the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Caltrans requires that a copy of the appraisal report shall be provided to the owner with the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this case, • Owner to be given reasonable time to consider City's offer and present material relevant to value determination (i.e., 30 days and a minimum of 3 contacts), • Payment is required before taking possession unless date of possession clause is used in contract. Agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information. Acquisition tasks shall include but not limited to: • Meet with City staff to discuss assignments and procedures. • .Perform the services required by the City with qualified personnel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel", shall be approved by City, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare and maintain a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Present strategies for negotiating successfully and reach agreements with Property Owners and their representatives and to close the acquisition Process. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and emissions by Approved Personnel. • As deemed necessary by the City, meet with the City and other staff as requested, • Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall project integrity. • Coordinate with the appraisers for site inspection • Review appraisal reports to ensure conformity with the environmental document and the Right -of -Way (ROW) Map. • Prepare and assemble the "Offer Package" using the format approved by the City for City signature. • Meet & Present written purchase offers to property owners as directed by staff. • Negotiate effectively with property owners, or businesses, tenants (or their appointed representatives) to successfully obtain an agreement for the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from City of Santa Ana RFP 17.065 !� Page Al -4 25L-95 property owners, recommendations for settlements, coordinating with the agency to review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • Obtain property owners' signature on the Purchase & Sale Agreements (PSA) • Obtain re -conveyance and subordination agreements as necessary. • Maintain an accurate and current record of all -pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. • Open Escrow after execution of PSA by the City and Coordinate closely with title & escrow companies to ensure escrow is closed on-time and properly. • Coordinate with lenders and escrow companies to obtain partial re -conveyance for part take acquisitions and obtain approval for close of escrow. • Obtain recorded deeds and title insurance policies after close of escrow and maintain appropriate reports for City. • Prepare and maintain a weekly status report of all cases identified by parcel number, property owner, address, Assessor's parcel map (APN) and all other important information required to monitor progress of acquisition cases (Al CONTINUED) RELOCATION SERVICES Consultant shall provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: General Relocation Services: • Prepare and maintain a schedule of major activities and milestones for relocation. Upon City's written approval of the estimated cost, mitiato the assignment in a timely manner. • Provide relocation advisory services Meet personally with each displacee to ascertain the nature and scope of relocation assistance required, to inform the displacees of their rights, and to explain the relocation process Prepare a weekly status report of relocation cases to be submitted to the City in a format approved by the City • Document and log all contacts and activities Prepare and distribute Informational brochures and other required notices Determine each displacee's eligibility for relocation; prepare an estimated timeline and benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to presentation to displaeee Prepare "Relocation Claim Package" in accordance with City approved format • Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit calculations per Caltrans standards, assignment of benefit forms signed by all panties and the consultant, W9 to match the nane of the claimant as appears on the claim form. All claims must include the (NOE), City of Santa Ana RFP 17-065 Page Al -5 25L-96 • Relocation checks requested for pick up by consultant must be picked up by authorized personnel From City with a signed receipt. • Consultant must practice a system of "checks & balances" for delivery of relocation checks to recipients. It is suggested that checks be delivered by a different agent involved in negotiating with the claimant. • Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displacees • Obtain Moving bids and prepare estimate of benefits • Coordinate closely with Property Management consultant so that proper fencing, board up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy of the buildings • and asbestos can begin immediately upon vacancy of the buildings Residential Relocation Services shall include but not limited to: • Prepare Residential relocation claims and submit to the City for approval and payment • Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe and sanitary regulatory requirements • Coordinate the move with displaces Prepare certification of abandonment and submit to the City Business Relocation Services shall include but not limited to: • Conduct interviews and establish eligibility for relocation benefits. • Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an inventory of Personal Property, accompany the appraiser if requested. • Coordinate with Real Estate appraiser to ensure there's no duplication of benefits, accompany the appraiser if requested. • Coordinate with Business Goodwill appraiser and provide necessary assistance • Search and provide potential relocation sites to the businesses/tenants based on the type of business and their needs. • Determine eligibility for In -Lieu payment Prepare construction cost estimates to determine reasonable relocation benefits of replacement properties • Determine actual and reasonable search expenses • Arrange for a final walk-through inspection of the property with displacee Coordinate and monitor the move to ensure City purchased items are not part of the move. When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk Sale of the purchased items. • Prepare final claim, certification of abandonment and submit to the City Construction and moving bid services shall include: Movers: Conduct on site inventory and photos • Complete certified inventory and mover instruction form • Schedule and coordinate birds Attend site inspection, if necessary • Review and compare bids City of Santa Ana RFP 1i-065 Page Al -6 25L-97 Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids • Evaluate for eligibility Relocation Plan Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law, State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with summary and statistical information regarding the impact of a project to potential displaced people. Specifically, this report shall identify potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include: + Description of the proposed projeot and project location; • Assessment of needs; + Replacement housing resources; + Residential and commercial displacements; + Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; + Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; + Displacement schedule; • Estimated relocation costs. (AZ) PROPERTY M NAGEMENT SERVICES: Description of Work: Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants. City of Santa Ana RPP 17-065 Page Al -7 25L-98 Property Management duties shall include but not limited to: • Review existing leases, licenses, franchises, easements, permits and other agreements for City properties. • Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. • Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City, Calculate the market rent for hold over tenants for owners that will, not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents. • Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow, • Schedule, coordinate, and perform property maintenance tasks with qualified vendors. • Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism. • Meet and inspect the City properties post -acquisition to ensure conformance with appropriate regulations. • Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner's name, tenant's name and contract rent amount, notices, vacancy date and demolition. • Maintain and update tenant databases. • Coordinate with City's acquisition/relooation consultant for post -acquisition Property Management of City properties. Act as Property Management Liaison between the tenants and City. • Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities. • Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures. Provide Security Services as needed. Security service may be required to deter the vandalism of vacant properties. Hours may vary depending on the need for day or night time security. Provide comprehensive maintenance services including the yard and site maintenance. Coordinate vacancy of the properties with acquisition/relocation consultant. • Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security prior to demolition. Arrange for board up if there was any break- in of the original Board Up, Coordinate and provide access to properties, with demolition contractor. • Coordinate eviction of tenants if necessary with City staff. Coordinate with Escrow Companies for transfer of tenant information upon closure of escrow. TRUST ACCOUNT: Consultant shall establish a separate checking account in the nacos of City and Consultant with the City to be co-owner of the account and have fiill access at a bank approved by City and conform to the following policies: a) At the creation of the account, Consultant shall document all tenancies that currently exist at City -owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants. f Santa Ana RFP 1 Page Al -8 25L-99 b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants. c) Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City. d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (h) below. (f) All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable. g) Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City's Public Works and Finance and Management Agencies. h) Consultant is required to maintain books and records in compliance with Generally Accepted Accounting Principles. On a monthly basis or upon City's request, Consultant shall provide a listing of the following: L Rental income by tenant (identify property address) ii, Expenditures by category (e.g., utilities, maintenance, property management fees, etc.) i) Consultant shall make available all books and records related to the services provided to City Finance staff or Independent Certified Public Accounting Firm acting on behalf of City. j) City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant's books and records related to above -referenced service. The examination may be conducted on annual basis or upon City's discretion on reasonable notice. WEEKLY STATUS REPORTS: Consultant shall provide to the City Weekly Status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but not limited to: • Proper records with respect to leasing, management, and operation of the premises (Lo, receipts, disbursements, etc.) • Contractor competitive bids • Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and vacate date, rent amount,_ security deposit, past due rents, 90 -day notice dates, Fencing, Board Up, and Testing date, Utility shut off and motor removal dates. • Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items. ~� City of Santa Ana RFP 17-065 Page AM 25L-100 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25L-101 I PAR OE PARTNERS UD 2017 Schedule of Professional Fees Classification Hourly Rate Project Director $195.00 Project Manager $175.00 Principal Acquisition Agent _ $115,00 Senior Acquisition Agent m_—.. $ 9500 Acquisition Agent $ 85.00 Principal Relocation Agent $115,00 Senior Relocation Agent $ 95,00 Relocation Agent $ 85.00 Title Manager � $135.00 Title Supervisor _ $120.00 Senior Title Agent _ $ 95.00 Title Agent v $ 85.00 Project Controls Specialist $ 85.00 Project or Escrow Coordinator $ 75.00 Right of Way Engineer P.E. $150.00 Senior Right of Way Engineer/GIS Supervisor $125.00 Associate Right of Way Engineer/GIS Specialist $ 95.00 _ Right of Way Engineering Technician^� mmvT $ 75.00 Administrative Support µ. _. $ 65.00. Office Clerk $ 50,00 T IT Support $125.00 Depositions and Court Testimony Direct Copies (Xerox) @ $0.15 each Charges Cellular $250.00 @ Cost D & E Size Copies J$5.00 each Air Travel & Lodging @ Cost _ �@ Real Estate Data Services @ Cost+ 15% Mileage @ $0,535 per mile* Telephone/Pax @ Cost Subconsultants @ Cost d- 15% Postage/FedEx @ Cost Other Expenses @ Cost+ 15% *Or current IRS allowable Terms of Payment Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2017. Rates may be revised annually on January 1 to reflect Increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1,5 times the hourly rate in accordance with California law, 25L-102 EXHIBIT C CERTIFICATIONS C-1 through C-3 25L-103 ;1*8r ur 9 r Paragon has provided our pricing proposal in a separately sealed envelope, as requested by the City. IV. CERTIFICATIONS T Appendix ATTACHMENT 3-1: NON-COLIALISION AFFIAAVI`C Cis ITIFICATIONS CONSTRUCTARILITY REVIEW ('fide 21(Iniwd States C:odo 5oatlon t 12 and Public Contract Coda Scctlo l 7106) ,ro tie CITY OP SAN'T'A ANA nCPAW M&:NT Op PUiB K WORKS In accordance with ,ritle 29 Uniled Stales Code Soalion 112 and Pubile Contract Coale 7106lite RIDOP'3? doelnros 01at the laid is not made in file Interest of, m' on behalf ol', airy aulisdrised porson, partnership, conateny, association, al'ga11f1JaliMy at, corperadon; that taw bill la gelnnine and ]lot Collusive or eland flue tlhe BIDDER iraA not directly Or IndliNtiy Induced or aoliehui any olio, Idll)n1jrR at put in it tattle or sltant bid, and Has not directly or Indirectly eolhrdvd, consphud, connived nr nydred w10+ any SIDDLR or anyone eltio 10 plat in a sham bid, or ilia[ atyoua shall retrain Grail bhldit>p; that the DIDDI'M hes not f l ally manner, directly or indh'udly, Nought by ngrnwncnb conlmunicalian, nr Cloche mac with anyone to IN the hid price Of file 1310DhR or any BIDDER, or to fix ally overhead, profit, at' cost chancel or the bld price, or of that oN my caber DIDI)GR, or to secure any advantage epireit the public body awarding the maract of anyone interested in the proposed conhrect that all slafenaenls containori its ilm bid are (runt and, further, that rhe [nDDBR has not, dhvcily or Indirectly, submitted his or her bill prize; nr any breakdowa thereof, or the contents thereof, or divulided information or data relative thatvto, or paid, and Will not pay, 'illy li:o to ally Corporation, partnmshlp, company association, organization, bid depositary, or to any member or agent thereof to COCC MIC a allusive mshorn bill. Note: 'fila above Non -collusion Affidavit is pall[ or (lie Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature orlhis Nan•collusiml Anidavit, BIDDrRS nun cautioned [flat malciogaraise codification nla sobleClthecel1ifiertocrintinalprosCoution. Signed State of California County Of fthj'Q. Subcalilxd w sworn to (,or afHraled) before hie on ills day of y'"�[td'u , 201± by 011--- uC�.. ,Proved Ut nue on the bncls of sntiaPaCGrsry avlalenoe to bo dile person(s) Who appoais!d Liotbr'e tine. Kp 1 Comm, 0214"11 na.rywtlik COW"" Q(M/QRaaalny ,"�}( Camm.BpNraPAu8l,Nna ONO PulliC SignaturC Notary Public Seal City of Santa Ana RFP Page AM Ill> viii e�Z" CITY OF SANTAANA I ON. CALL RIGHT or WAY PROPERTY MANAUMFNT SL Rvic ' 25L-104 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATION'S CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of Ills or her knowledge and belief, that: L No federal appropriated funds have been paid or will be paid, by or ort behalf of the undersigned, to arty person for infl uencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, all officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the, making of any federal grant, the making of tiny federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amencbnent, 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 nny officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3'I, U, S. Code, Any person who fails to file file required certification shall be subiect 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 lie or she shall require that the language of this Certification be included in all lower tier snbeontraets, which exceed $100,000 and that all such sub reeiplents shall Certify and disclose accordingly. Firm paragon partners Ltd. Signed and Printed Name: Neilin LaValle Title President and CEO Date 6/29/2017 City of Santa Ana RFP Page A3-2 Aarn�s Ilk P rn�s CITY OF SANTA ANA I ON-CALL RIGHT OF WAY PROPERTY MANAGEMENT SERVICES 25L-105 Appendix ATTACHMENT 3-3: NUN -DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTARILITX REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during omploymont without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, 3, The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreomont or other contract or understanding, a notice to be provided Advising the said labor union or workers' representatives of the Consultant's commitnnents under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, I965, 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 Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contract's or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25L-106 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 subcontmet or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the adm nistering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed! p� — — — •. Title: President and CEO Firm: Paragon Partners Ltth Date: 7/20/2017 City of Santa Ana RFP Page A3-4 25L-107 25L-108 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017. TITLE: APPROVE A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR 11- 5 HOV PROJECT AND COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECT SUPPORT SERVICES [NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1) CITY MKNAGER 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 1. Authorize the City Manager and Clerk of the Council to execute a freeway agreement with the State of California, Department of Transportation (CalTrans) for the 1-5 Central Corridor Freeway High Occupancy Vehicle Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the 1-5 Central Corridor Freeway HOV Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Interstate 5 (1-5) will undergo improvements between State Route 55 (SR -55) and State Route 57 (SR -57) to reduce freeway congestion and improve travel time by adding a second high -occupancy vehicle (HOV) or carpool lane in each direction. The improvements will generally occur within the existing freeway right-of-way, with some modifications to the interchange at Main Street. The existing northbound and southbound carpool on/off-ramps at Main Street will be removed to accommodate the additional freeway lanes. The proposed improvements have been shared with the public in several outreach meetings during the Project Approval/Environmental Document (PA/ED) Phase over the last six years. The final engineering and design phase is nearing completion. Construction is scheduled to begin in 2018 and be completed in 2020. Staff from OCTA and Caltrans will continue to coordinate with the City of Santa Ana during the construction phase, and any temporary closures affecting City streets will be completed as night work. This $42.5 Million construction project is funded by Measure M2, State Transportation Improvement Program, and Regional State Transportation Program funds. 25M-1 1-5 HOV Project Freeway Agreement with Caltrans and Cooperative Agreement with OCTA August 15, 2017 Page 2 The project requires that the City of Santa Ana and Caltrans enter into a new freeway agreement (Exhibit 1). This agreement summarizes each agency's rights and responsibilities where City streets interface with Caltrans' freeway ramps. These are standard agreements that are regularly processed between Caltrans and Local Agencies which have access to and from freeways within their jurisdictions. These agreements must occasionally be revised, amended, or changed to accommodate updated operational plans for traffic. The new agreement will supersede prior freeway agreements from 1943, 1987, and 1994, and will reflect the configuration of the modified Main Street interchange on/off-ramps. The City of Santa Ana and OCTA will also enter into a cooperative agreement to clarify the funding for signage and operational support services related to the Project's freeway signs on the 1-5, SR -57, and within the City's right-of-way that will be installed and maintained (Exhibit 2). Additional signs were agreed to during the PA/ED phase to help alert drivers heading southbound on the 1-5 and SR -57 of the point by which they need to exit the carpool lanes with the goal to effectively guide them to Santa Ana's southbound off ramps at Broadway and at Main. 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). ENVIRONMENTAL IMPACT Caltrans is the lead agency which processed the California Environmental Quality Act and National Environmental Policy Act documents in April 2015. The 2015 Initial Study and Negative Declaration/Environmental Assessment had a Finding of No Significant Impact and there are no additional environmental impacts associated with this action. These documents may be viewed at the following link: http://www.dot.ca.gov/distl2/DEA/OC890 FISCAL IMPACT There is no fiscal impact associated with the recommended action. 'Fred Mousavipour Executive Director Public Works Agency FM/NEG/MS Exhibits: 1. City and Caltrans Freeway Agreement 2. City and OCTA Cooperative Agreement 25M-2 12 — ORA - 5 - 30.5/34.6 In the City of Santa Ana On Route 5 from the Southerly Limit near Main St, to Northerly Limit near Santa Ana FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of 20 , by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of Santa Ana (herein referred to as "CITY'), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on October 28, 1939, and July 7, 1943; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated March 16, 1987, relating to that portion of State Highway Route 5 from Main Street to 0.2 miles north of Fourth Street, and Route 55 from 0.1 mile south of Fourth Street and Seventeenth Street. WHEREAS, STATE and CITY have entered into a Freeway Agreement dated November 21, 1994, relating to that portion of State Highway Route 5 from 0.2 mile north of Fourth Street to the Santa Ana River, Route 22 from the westerly City limit near Bristol Street to Main Street, and Route 57 from Route 22 to Route 5; and WHEREAS, a revised plan snap for such freeways has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeways; NOW, THEREFORE, IT IS AGREED: 1. This agreement supersedes in its entirety said Freeway Agreement, dated March 16, 1987 for State Highway Route 5 only. 2. This Agreement supersedes in its entirety said Freeway Agreement, dated November 21, 1994, for State Highway Route 5 only. 3. CITY agrees and consents to the closing of CITY streets, relocation of CITY sheets, construction of frontage roads and other local streets, and other construction Exhibit 1 25M-3 12 — ORA - 5 - 30.5/34.6 In the City of Santa Ana On Route 5 from the Southerly Limit near Main St, to Northerly Limit near Santa Ana affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference. 4. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. 5. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local streets will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY. 6. It is understood between the parties that the bights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE. 8. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. 2 25M-4 12 — ORA - 5 - 30.5/34.6 In the City of Santa Ana On Route 5 from the Southerly Limit near Main St, to Northerly Limit near Santa Ana IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 7 ✓V J N M. FUNK Assistant City Attorney STATE OF CALIFORNIA Department of Transportation MALCOLM DOUGHERTY Director of Transportation M RYAN CHAMBERLAIN District 12 Director APPROVED AS TO FORM: Attorney (State) CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director, Public Works Agency 3 25M-5 MIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-7-XXXX BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR 1-5 HOV IMPROVEMENT PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of 20 _, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity (herein referred to as "AUTHORITY") and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California (herein referred to as "CITY'), each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of Transportation, herein referred to as "STATE", is proposing to reduce congestion and improve lane continuity through the Interstate 5 (1-5) corridor with improvements to mainline on 1-5 between State Route 55 (SR -55) and State Route 57 (SR -57). WHEREAS, the improvements are generally defined as adding one High -Occupancy -Vehicle (HOV) lane from SR -55 to SR -57, and other additional geometric improvements, including the removal of the HOV Ramp at Main Street, all of which are hereinafter referred to as "PROJECT". AUTHORITY will use a design -bid -build method of delivery for the procurement, design, and construction of PROJECT and shall prepare contract documents (CONTRACT DOCUMENTS) to procure a design - build team herein referred to as "CONTRACTOR"; and Exhibit 2 2511 21of 12 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding 2 responsibilities between the AUTHORITY and CITY for completion of final design and construction 3 associated with PROJECT; and 4 WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and 5 WHEREAS, PROJECT is located within and adjacent to the CALTRANS right-of-way in the City 6 of Santa Ana and County of Orange; and 7 WHEREAS, AUTHORITY has contracted with T.Y. Lin International as the Final Design 8 Consultant for this PROJECT, to assist with the design and construction phases of PROJECT; and 9 WHEREAS, AUTHORITY has contracted with California Department of Transportation 10 ("Caltrans") to administer the construction phase of for this PROJECT, to assist with the administration 11 and oversight of the procurement, and construction phases of PROJECT; and 12 WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to 13 Improvements within CITY, and defined as: 14 . Procurement, Installation and Maintenance of six (6) brown Wayfinding Signs to be 16 installed within the City of Santa Ana on North Broadway, West Santa Clara and West 16 Buffalo Avenues. 17 • Review and concurrence of Transportation Management Plan (TMP) 18 • Traffic and design engineering, and oversight detour inspections 19 + CITY police services 20 WHEREAS, CITY's City Council approved this Agreement on the day of 21 20__; and. 22 WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the day of 23 , 20_. 24 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows; 25 26 Page 2 of 12 25M-8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-7-XXXX ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or condltion(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and Issued in accordance with the provisions of this Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof, Page 3 of 12 25M-9 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 2 AUTHORITY agrees to the following responsibilities for PROJECT: 3 A. To be the sponsor and funding agency to manage and administer the contract for 4 PROJECT, which includes providing staff to manage final design and oversee STATE's construction of 5 the PROJECT. 6 B. To perform right-of-way acquisition and right-of-way certification for PROJECT performed 7 by STATE. 8 C. To reimburse the CITY for its actual costs for oversight detour inspections, traffic and 9 design engineering services (including staff overhead and third party traffic signal maintenance service 10 costs contracted out by CITY), and police services (including overtime costs). Ongoing deployment 11 of police services related to PROJECT traffic management will require prior approval by AUTHORITY. 12 Such traffic engineering, oversight detour inspections, and police services (CITY SERVICES) shall be 13 in accordance with current standards, and reimbursable to CITY by this Agreement. 14 D. To prepare a Transportation Management Plan (TMP) for City review that addresses 15 construction -related impacts to existing CITY street traffic. The TMP will include normal traffic 16 handling requirements during PROJECT construction including staging, lane closures, re -striping, 17 detours and signalzation, and will specify requirements for communicating with the public and local 18 agencies during construction. AUTHORITY will adhere to and will require STATE to adhere to the 19 approved TMP. 20 E. To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to 21 commencing construction of PROJECT, Provided all conditions of such permit have been fulfilled, the 22 permits shall authorize CONTRACTOR to commence workwithinCITY rig ht-of-way,orareas which affect 23 CITY FACILITIES. 24 F. To implement a Public Awareness Campaign during PROJECT that advises CITY, local 25 businesses, residents, elected officials, motorists, and media, of construction status, street detours, and 26 ramp and freeway closures, if and where applicable. Page 4 of 12 25M-10 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 G. To reimburse CITY for combined costs identified as "CITY SERVICES", and in 2 accordance with the attached SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY 3 SERVICES" 4 H. To reimburse CITY for actual costs, within 30 days from receipt of an acceptable invoice, 5 which is complete, properly prepared and complies with the requirements of ARTICLE 5, REQUEST FOR 6 REIMBURSEMENT, below. 7 I. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined 8 maximum amount shown on SCHEDULE A, and which complies with the requirements of ARTICLE 7, 9 MAXIMUM OBLIGATION. 10 ARTICLE 4. RESPONSIBILITIES OF CITY 11 CITY agrees to the following responsibilities for PROJECT: 12 A. To collaborate and cooperate with AUTHORITY during the development of the final 13 design and construction of PROJECT. 14 B. To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY. 15 C. To make available to AUTHORITY all necessary CITY regulations, policies, procedures, 16 manuals, standard plans, and specifications required for the construction of PROJECT when requested 17 by AUTHORITY. 18 D. Upon award of a construction contract by STATE, to make reasonable efforts and devote 19 reasonable resources for the issuance of encroachment permits, and other necessary permits, if 20 applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit 21 requirements, to not cause delay to PROJECT's construction schedule. Such permits shall authorize 22 CONTRACTOR to commence work within CITY right-of-way, or areas which affect CITY FACILITIES. 23 E. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and 24 contractors, to meet or exceed design -build schedule criteria as identified by AUTHORITY. 25 F. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred 26 by CITY for CITY SERVICES, pursuant to ARTICLE 5. REQUEST FOR REIMBURSEMENT. CITY shall Page 5 of 12 25M-11 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 submit final invoice no later than ninety (90) days after final acceptance of PROJECT. Any costs in 2 excess of the amounts specified herein shall not be incurred without a written amendment to this 3 Agreement. 4 ARTICLES. REQUEST FOR REIMBURSEMENT 5 In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees: 6 A. To prepare and submit to AUTHORITY a monthly invoice with supporting 7 documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY. 8 The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the 9 accuracy of the included information. 10 B. The invoice shall be submitted on CITY's letterhead. 11 C. The invoice shall be submitted by CITY, and In duplicate, to AUTHORITY's Accounts 12 Payable Office. Each invoice shall include the following Information, 13 1. Agreement Number C-7-XXXX 14 2. The total of PROJECT expenditures shall specify the percent and amount of funds 15 to be reimbursed, and include support documentation for all expenses invoiced, 16 excluding the one-time, lump sum amount for reimbursement of pavement 17 mitigation. 18 3. Adequate detail describing all work completed, excluding pavement mitigation. 19 4. Such other information as requested by AUTHORITY. 20 D. To consult with AUTHORITY's Project Manager forquestions regarding non -reimbursable 21 expenses. 22 E. That total payments shall not exceed the maximum obligation specified in ARTICLE 7. 23 MAXIMUM OBLIGATION. 24 ARTICLE 6. DELEGATED AUTHORITY 25 The actions required to be taken by CITY in the implementation of this Agreement are delegated 26 to its CITY Public Works Agency Executive Director, or designee, and the actions required to be taken Page 6 of 12 25M-12 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 2 Officer or designee. 3 ARTICLE 7, MAXIMUM OBLIGATION 4 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY 5 mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be Forty 6 Five Thousand dollars ($45,000). 7 ARTICLE 8. AUDIT AND INSPECTION 8 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 9 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 10 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and 11 other data and records of CITY for a period of four (4) years after final payment, or until any on-going 12 audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of 13 AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement. 14 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 15 provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or 16 consultant. 17 ARTICLE 9. INDEMNIFICATION 18 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense 19 with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless 20 AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from 21 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration 22 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 23 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of 24 persons (CITY's employees included), for damage to property, including property owned by AUTHORITY, 25 or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent 26 acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection Page 7 of 12 25M-13 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 with or arising out of the performance of this Agreement. 2 B, To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 3 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold 4 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties'), from 5 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration 6 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 7 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of 8 persons (AUTHORITY's employees included), for damage to property, including property owned by CITY, 9 or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent 10 acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents In 11 connection with or arising out of the performance of this Agreement. 12 C. The indemnification and defense obligations of this Agreement shall survive its expiration 13 or termination. 14 ARTICLE 10. ADDITIONAL PROVISIONS 15 A. Term of Agreement: The term of this Agreement shall be in full force and effect through 16 December 31, 2021. 17 B. Termination: In the event either Party defaults in the performance of its obligations under 18 this Agreement or breaches any of the provisions of this Agreement, the non -defaulting Party shall provide 19 written notice to the defaulting Party to cure such default within 30 days of such default. If the default 20 cannot be cured within such time, as determined by the non -defaulting Party, then the defaulting Party 21 shall have such additional time as provided in the written notice or such time as the Parties may otherwise 22 agree in writing. In any event, the non -defaulting Party shall promptly take such actions as are reasonably 23 necessary to cure the default. If the default or breach is material and not cured within the time provided 24 herein, either Party has the option, in addition to any other remedies available at law, to terminate this 25 Agreement upon thirty (30) days' prior written notice to the other Party. 26 Page 8 of 12 25M-14 COOPERATIVE AGREEMENT NO. C-7-XXXX 1 C, Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal, 2 state, and local laws, statues, ordinances and regulations of any governmental authority having 3 jurisdiction over the PROJECT. 4 D. Legal Authority: AUTHORITY and CITY hereto warrants that the persons executing this 5 Agreement are authorized to execute this Agreement on behalf of said Parties and that by so executing 6 this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 7 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be 8 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 9 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 10 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 12 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 13 of which together shall constitute the same agreement. Facsimile signatures will be permitted. 14 G. Force Majeure: Either Party shall be excused from performing its obligations under this 15 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 16 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 17 commandeering of material, products, plants or facilities by the federal, state or local government; national 18 fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause 19 Is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 20 the control and is not due to the fault or negligence of the Party not performing. 21 H. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 22 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 23 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 24 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 25 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 26 I. Governing Law: The laws of the State of California and applicable local and federal laws, Page 9 of 12 25M-15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-7-XXXX regulations and guidelines shall govern this Agreement. J. Litigation fees: In the event that either Party to this Agreement shall commence any legal or equitable action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable costs and attorney's fees as determined by the court. K. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To CITY To AUTHORITY City of Santa Ana Orange County Transportation Authority Public Works Department 20 Civic Center Plaza, M-21, Santa Ana, California 92701 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attention: Mr. Fred Mousavipour Exec. Director Public Works Agency Attention: Ms. Lydia Bilynsky Principal Contract Administrator Tel: (714) 647-5654 Tel: (714) 560-5568 Email: fmousavipour@santa-ana.org Email:Ibilynsky@oota.net This Agreement shall be made effective upon execution by both Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3613 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY A- Cynthia Kurtz Interim City Manager in Darrell Johnson Chief Executive Officer Page 10 of 12 25M-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-7-XXXX ATTEST: APPROVED AS TO FORM: 0 Maria Huizar City Clerk APPROVAL RECOMMENDED: 0 Fred Mousavipour Executive Director, Public Works Agency APPROVED AS TO FORM ohn M. Funk Assistant City Attorney Dated: 0 James Donich General Counsel APPROVAL RECOMMENDED: 0 Dated: Jim Beil, P.E. Executive Director, Capital Programs Attachment: Schedule A —Reimbursement Schedule for Combined City Services Page 11 of 12 25M-17 COOPERATIVE AGREEMENT NO, C-7-XXXX 1 SCHEDULE A 2 REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES 3 4 1. Procurement, Installation and Maintenance of six (6) Wayfinding Signs to be installed within the City of Santa Ana on North Broadway, West Santa Clara and West Buffalo Avenues. 5 These signs will include the language "Discovery Cube". 6 Total Cost not to exceed $20,000 7 2. Review and concurrence of Transportation Management Plan (TMP), Traffic and design 8 engineering, and oversight detour inspections and CITY police services. g Total Cost not to exceed $25,000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 12 of 12 25M-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) CLERK OF COUNCIL USE ONLY: , * A ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: 1. Second Chance Orange County to support their annual event to support on-going program activities that offer Santa Ana residents with workforce training, in the amount of $500 (Councilmember Solorio); 2. Santa Ana College Foundation to provide college scholarship funds for graduating high school seniors that live within Santa Anita neighborhood, in the amount of $500 (Councilmember Villegas); DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1 & 2) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The 29A-1 Donation Agreement with Various Organizations to Support Community Events and Programs August 15, 2017 Page 2 Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibit 3 & 4) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Solorio $ 500 Councilmember Villegas $ 500 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1-2. Donation Request Forms 3-4. Donation Agreements 29A-2 Wit' City of Santa Ana Donation Request %14111644 city Meneger's office -- M-31 20 Civic Center Plaza P.D. Sox 1900 Sante Ana, CA 82702 1714) 647-6200 e a Name: Cub Johnson _.. Title: CEO Addross: 2518 San Miguel #2$4 city, Siattt. zip: Newport Beach, CA 92660 Phone: 714-476-8.151 Line" debilI@icloud.coin ',Fax: Name Second Chance Orange County Tax-Exaroipt status: m your n-rofit or public tax-exetngt organization as otgan,rabon a nop ' 9eleCt Ofle. � yes I I No oecrvo umter Section. 501(c)(3) of Ine Interim Revenue Codev � rr<Vo. you ,III utygeaLiYto, acred,t for City -misted er>.vts for your ragGesflio permit tees. If Yes, staff time. renta"Tter, is, laCtl fres or egmPrtent etc 1 Costs hl Cory services vary ant d z� ^ ^ w 224 39.�y cmvea cilvdr 7a, or may not cover full cost of requesied Cty senaces lax ID #:811224869 ; ser Cory ices Credit tunt Requested: Date Needed; MayortOnuncilmornber. 5010110 - I Requested: Direct Requested: $500 3500 Event Date. 9(12117 'Event Timo: r5Pt-Bpm-Bpr�m Rigtustid: Y Y" I Event Location; Lincoln Experience Center 199 Newport Center Drive, Newport Beach, CA 92660 caress cosy State. Zip , ;Annual "More Second Chances" dinner to celebrate, honor, and recognize successful youth & Description of Event Purpose: ;adults that have overcome barriers, secured employment, and/or entered higher education. I FSecond Chance Orange County will continue to provide on-going services to youth and aduits in the Community benefit: !following areas: job skills interview skills, coaching job placement, which will benefit the community by providing financial sta ility. JAppn:ant$tgnainrd b1 Date: 7131 f17 i Ma1C City Menagerie Ofbca M-31 Email: donatianraquast@santa•ana.erg 20 Civic Center Plaza j Fax: (714) 647.6964 P.O. box 1968 i ` Santa Ana, CA 82702 1 l donation Request #t fFo(ararrtei 0 carr our forst, EUglpilityMgt: City Manager Signature; DR- YES/NO YES Council Meeting Data: Approved Amount I � trate: Exhibit 1 29A-3 City of Santa Ana " Donation Request City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 Name: ;Santa Ana College Foundation Tax -Exempt status: Is your organization a non-profit or public tax-exempt organization as Select One: efined under Section 5Dt (c)(3) of the Internal Revenue Code? F7Yes 71No If No, you K411 only qualify for a credit for Clty-related costs foryour request (i.e. permit fees, staff time, rental rates for facilities or equipment, etc.). Casts for City services vary and if ,If Yes' 195-6209198 _6 %� ('� ^ y approved, credit may or may not cover full cost of requested City services. Tax ID #: L� 1,J a7 ;City Services Credit 'Date Needed: IMayorlCouncllmember. %Alleges !Amount Requested: .___--- _.. ... _.._. .._. 'Direct Payment Amount 500 iEt Date: on-going goin g EEvent Time: on-going !Event Location: ! The funds will support on-going scholarship funds for youth that live in the Santa Anita neighborhood iAddress, City State, 7Jp ! Description of Event I Purpose: Community Benefit: 'Applicant Signature: The designated funds will be awarded specifically for graduating high school seniors that live ,within the Santa Anita neighborhood, whom typically attend schools outside of SAUSD. This will 1 benefit the community in promoting higher education. I Santa Ana College Foundation provides college scholarships to Santa Ana College students in order to help ensure that they have a successful higher education career, promote community sustainability, and encourage financial stability. man: �itymanagarsvnme-mwi 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 ;Date: 7/31/17 Email: donationrequest@santaana.org Fax: (714) 647-6664 I CITY OF SANTA ANA DONATION AGREEMENT WITH SECOND CHANCE ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 15, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and SECOND CHANCE ORANGE COUNTY, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROVIDING YOUTH AND ADULTS WITH JOB SKILLS TRAINING, INTERVIEW SKILS, AND JOB PLACEMENT THAT PROVIDE THE COMMUNITY WITH FINANCIAL STABILITY ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose, The City, by recommendation of COUNCILMEMBER SOLORIO, believes there is a public purpose in supporting the Community Benefit because it will provide ASSISTANCE WITH THE ANNUAL "MORE SECOND CHANCES" DINNER EVENT TO HONOR, RECOGNIZE, AND CELEBRATE THE YOUTH AND ADULTS THAT HAVE OVERCOME BARRIERS AND SECURED EMPLOYMENT OR HIGHER EDUCATION. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3, TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the fluids, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the feuds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to tenninate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Penn; Term nation of Agrreern This Agymnent shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all finds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per anmun. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or ternination of this Agreement, Exhibit 3 29A-5 CITY OF SANTA ANA DONATTON AGREEmFNT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations, For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City, may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and rnay be implemented, by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification, Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding, Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of thein in connection therewith or in enforcing the indemnity herein provided, Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perforin this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to mance this Agreement bind each respective Party, Exhibit 3 29A-6 CITY OF SANTA ANA DONATION AGRFFmFNT Page 3 of 3 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA By: Robert C. Cortez By: Deputy City Manager Cynthia I{urtz City Manager's Office Interim City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: w, 4nv. ( hn M. Funk Assistant City Attorney SECOND CHANCE ORANGE COUNTY, a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name Title Exhibit 3 29A-7 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ALTA COLLEGE FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 15, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA COLLEGE FOUNDATION, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROVIDING SCHOLARSHIP FUNDS FOR GRADUATING HIGH SCHOOL SENIORS THAT LIVE WITHIN THE SANTA ANITA NEIGHBORHOOD ASSOCIATION TO SUPPORT THEIR COLLEGE EDUCATION ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose, The City, by recommendation of COUNCILMEMBER VILLEGAS, 'believes there is a public propose in supporting the Cormmunity Benefit because it will PROMOTE YOUTH EDUCATION, FINANCIAL STABILITY, LIVABILITY, AND POSITIVE COMMUNITY ENGAGEMENT. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500.00) to support college education for graduating high school seniors that live within the Santa Anita Neighborhood Association, because the City has determined. that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the Rinds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the (ands for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the Rinds pursuant to Section 3.2 below. 3,2 Tezmr; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's fill expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all fiords provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) EXIIIBIT 4 29A-8 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement, 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreennent. 3.6 Entire Contmet/Modifxcation. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. Tho person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its EXHIBIT 4 29A-9 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 business and to execute, deliver and perforin this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. RECOMMENDED FOR APPROVAL By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: Cynthia Kurtz Interim City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Forma By: qaz",yv. tc d° in M. Funk Assistant City Attorney SANTA ANA COLLEGE FOUNDATION a 501(c)3 NON-PROFIT ORGANIZATION in EXHn3IT 4 29A-10 Signature Name Title REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-17 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2017-19 TO ALLOW AFTER- HOURS OPERATIONS UNTIL 2:00 A.M. AT MARISCOS EL CAPITAN RESTAURANT LOCATED AT 1106 SOUTH BRISTOL STREET — JUVENAL BARAJAS, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017-17 and Conditional Use Permit No. 2017-19 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 24, 2017, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-17 to allow the sale of alcoholic beverages for on -premise consumption at an eating establishment and Conditional Use Permit No. 2017-19 as conditioned to allow business operations until 2:00 a.m. for Mariscos EI Capitan restaurant at 1106 South Bristol Street located in the Community Commercial (Cl) zoning district. The Planning Commission added a condition that the applicant must have an approved Entertainment Permit prior to exercising the rights conferred by the Conditional Use Permit Nos. 2017-17 and 2017-19 (Exhibit A). DISCUSSION The project will provide a full service, sit-down eating experience with approximately 83 seats within its dining room. The on -premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Additionally, the applicant is requesting approval of a separate CUP to allow the business to operate afterhours. If the CUP is approved, the hours of operation will allow operation until 2:00 a.m. daily. Full-sized site plans are available for public viewing in the Clerk of the Council Office, 31A-1 CUP Nos. 2017-17 & 2017-19 — Mariscos EI Capitan Alcoholic Beverages & After -Hours at 1106 South Bristol Street August 15, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. C dida Neal Acting Executive Director Planning & Building Agency SC:rb S'. RFCA\08-15-17\CUP17-17 & 17-18.1106 S Bristol St.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 24, 2017 TITLE: PUBLIC HEARING — CONDITIONAL USE PERMIT NO, 2017-17 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2017-19 TO ALLOW AFTER-HOURS OPERATIONS AT MARISCOS EL CAPITAN RESTAURANT LOCATED AT 1106 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3,2) Prepared by Estefania Cervantes Executive Director APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Adopt a resolution approving Conditional Use Permit No. 2017-17 (On -Premise Alcohol Sale). 2. Adopt a resolution approving Conditional Use Permit No. 2017-19 as conditioned (After - Hours): Request of the Applicant Juvenal Barajas, representing Mariscos EI Capitan, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on -premise consumption at an eating establishment to be located at 1.106 South Bristol Street. In addition, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant to operate until 2:00 a.m. Establishments that sell alcoholic beverages and that wish to operate between 12:00 midnight and 5:00 a.m. require respective conditional use permits pursuant to Sections 41-196 and 41-366 of the Santa Ana Municipal Code (SAMC). Staff is recommending approval of the applicant's request due to conformance to the City's standards for on -sale licenses and because the conditions of approval will address any potential impacts from late-night operations. Table 1: Project and Location Information 1torra' Infr7rmafibn Pro qct Address 1106 South Bristol Street Nearest Intersection Bristol Street and McFadden Avenue General Plan Designation General Commercial (GC) Zoning Designation Community Commercial (Cl) Surrounding Land Uses North Single -Family Residential East Multi -Family Residential South Commercial West Park EXHIBIT A 31A-3 CUP No, 2017-17 & 2017-19 July 24, 2017 Page 2 Item ="`thfarrnation ,122Lt.,-_` ' Propegy Sized 4.3acres Existing Site Development The site contains several commercial buildings ranging in sizes. Use Permissions Restaurant use is allowed by right; alcohol sales and after-hours operation are allowed with approval of respective CUPS Zoning Code Sections Affected Uses I SAMC § 41-196 O erational Standards SAMC § 41-366 Proiect Description The project will provide a full service, sit-down eating experience with approximately 83 seats within its dining room. The on -premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 56 square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display. Additionally, the applicant is requesting approval of a separate CUP to allow the business to operate afterhours. If the CUP is approved, the hours of operation will allow the restaurant to remain open until 2:00 a.m. daily. Table 2: Operational Standards Standards Re uired by SAMC Provided Eating Establishment Type Bona -Fide Complies Hours of Operation for ABC Sales 8:00 am to 12:00 am 8:00 am to 2:00 am Dail Window Display 25% ofWindowCoverage Complies Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol Storage and Display 5% of G.F.A. 1.61% of G.F,A. Exterior Telephone Prohibited None Proiect Background The subject location has previously been occupied by restaurants as early as on November 6, 1967. On April 27, 2017, Mariscos EI Capitan submitted plans to Building Department for tenant improvements. As an ancillary component to its food sales, Mariscos EI Capitan is proposing to sell beer and wine through a Type 41 Alcoholic Beverage Control (ABC) license. With no expansions proposed, the restaurant will continue to have a maximum occupancy of 88. Mariscos EI Capitan has an existing restaurant in the City of Coachella and the establishment's mission is to "satisfy the taste for good cuisine through excellent attention and high quality service in a 100% familiar environment." The restaurant serves Mexican food, seafood, and sushi. 31A-4 CUP No. 2017-17 & 2017-19 July 24, 2017 Page 3 Project Analvsis CUP requests are governed by § 41-638 of the Santa Ana Municipal Code (SAMC). CUPS may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to obtain the on -sale beer and wine license. Since the proposed alcohol license is Intended to provide an added amenity to the restaurant, and the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverage for on -premise consumption and after-hours operation will not be detrimental to the health, safety, and welfare of the community. The restaurant is located away from sensitive land uses and conditions of approval will minimize any negative impacts from the restaurant's operations. Table 3° Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria rfor Recommendation. Police Grid No. and Police Grid No. 127; ranked 22 out of 103 Police Reporting Grids (20th percentile) Rank Threshold for High This reporting district within the highest 20 percent threshold established by the Crime State for high crime on - The Police Department contends that the operational standards applicable to on- Police Department premise ABC licenses will mitigate any potential impacts to the surrounding Recommendation community and therefore does not oppose the granting of a CUP. The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code § 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control. This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-5 CUP No. 2017-17 & 2017-19 July 24, 2017 Page 4 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts, in keeping with the standard used by the State Department of Alcohol Beverage Control and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. Table 4 CE QA Strategic Plan Alignment and Public Notification & Community Outreach iCEQA,'Strate GPIan,Al nme`n#`.andPup6cNotification:&,Cpmmum qutreaGlt:: CEQA" CEQA T pe Reason(s) General Rule 15061 �b 3 ] This exemption applies to projects where it can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. This is an existing eating establishment and no alterations are being ro osed at this time. ".SErafe iG "Plan Alignriient I Goal(s) and Approval of this item supports the City's efforts to meet Goal 1;3 (Economic #2 of creating new opportunities for business/job growth Policy(s) Development) Objective and encourage private development through new General Plan and Zoning Ordinance olicies. "Ppblc.Ngtificati0n.MCommunit `Outreach Required Measures A public noticed was posted on the project site on July 12, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on July 13, 2017. Newspaper posting was published in the Orange County Reporter on July 14, 2017 The Mid -City, Central City, and Pico -Lowell Associations were contacted by phone Additional Measures 10 days prior to the scheduled public hearing, At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within approve Conditional Use Permit No conditioned. Stefanie Cervantes Planning Intern this report, staff recommends that the Planning Commission . 2017-17 and Conditional Use Permit No. 2017-19 as 31A-6 CUP No. 2017-17 & 2017-19 July 24, 2017 Page 5 Exhibits 1. Resolution 2. General Vicinity Map and I Site Photo 4. Site Plan 5. Floor Plan Existing Land Use Map 31A-7 RESOLUTION NO. 2017-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-17 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2017-19 TO ALLOW AFTER HOURS OPERATIONS UNTIL 2:00 A.M. AT MARISCOS EL CAPITAN RESTAURANT LOCATED AT 1106 SOUTH BRISTOL BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017-17 allow the on -premise sale and consumption of alcoholic beverages and Conditional Use Permit No. 2017-19 for afterhours operation for the property located at 1106 South Bristol. B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption of alcoholic beverages that is ancillary to the primary restaurant use. C. Santa Ana Municipal Code Section 41-365.5 (f) requires a conditional use permit for any eating establishment open at any time between the hours of 12:00am and 5:O0am and located within one hundred fifty feet of residentially zoned or used property, measured from property line to property line. D. On July 24, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-17 and 2017-19 E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2017-17 to allow for on - premise sale of alcoholic beverages for on -premise consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. EXHIBIT 1 Resolution No. 2017-25 Page 1 of 7 31A-8 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2017-19 Conditional Use Permit No. 2017-19 afterhours operations until 2:00 a.m. is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below Prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. There shall be no amplified sound used outside the building. 2. All activities shall be conducted inside the building. In the event the applicant wishes to provide outdoor dining, the applicant shall submit plans to the Planning Division for review after which the Planning Manager will determine if administrative relief is available or if the project must be reviewed by the Planning Commission to properly consider safety, health, and use adjacency issues. 3. Any and all existing or new lighting on the building's exterior must be maintained in good working order. All new exterior lighting shall be directed towards the restaurant and/or sidewalk and not towards other properties. 4. All unpermitted signage and banners must be permitted or removed from the site prior to release of the alcoholic beverage control (ABC) license. 5. Neither Conditional Use Permit shall become effective until an Entertainment Permit has been approved. (Added by action of the Planning Commission July 24, 2017) Resolution No. 2017-25 Page 7 of 7 31A-9 The proposed sale of alcoholic beverage for on -premise consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on -premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Moreover, the restaurant's location away from sensitive land uses reduces any potential impacts to others in the immediate vicinity. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer beer and wine for sale to their guests and provide a one-stop dining experience to its visitors. Moreover, the offering of alcoholic beverages will allow Mariscos EI Capitan to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full - Resolution No. 2017-25 Page 2 of 7 31A-10 service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for the display and/or storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed sale of alcoholic beverage for on -premise consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full-service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Mariscos EI Capitan is located in a commercial building and its operation is compatible with the surrounding commercial businesses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-366, have been established for Conditional Use Permit No. 2017-19 to allow for afterhours operation. 1. That the proposed use will provide a service or facility that will contribute to the general wellbeing of the neighborhood or the community. The proposed after-hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building. Resolution No. 2017-25 Page 3 of 7 31A-1 1 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hour conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and affects the economic stability of the area in a positive manner. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after hours pursuant to Chapter 41 of the Santa Ana Municipal Code. The establishment will contain the necessary equipment to qualify as an eating establishment, and operational standards applicable to the proposed ABC license will prevent or mitigate any impacts from the restaurant onto adjacent properties. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element Resolution No. 2017-25 Page 4 of 7 31A-12 supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Mariscos EI Capitan restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on -premise sale of alcoholic beverages at a full-service restaurant within an existing structure. It has been found by the City that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-17 and Conditional Use Permit 2017-19. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 24, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of July, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Contreras -Leo, Nguyen (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2017-25 Page 5 of 7 31A-13 Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 24, 2017. Date: acting Recording Secretary City of Santa Ana 31A-14 Resolution No. 2017-25 Page 6 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2017-19 Conditional Use Permit No. 2017-19 afterhours operations until 2:00 a.m. is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. There shall be no amplified sound used outside the building 2. All activities shall be conducted inside the building. In the event the applicant wishes to provide outdoor dining, the applicant shall submit plans to the Planning Division for review after which the Planning Manager will determine if administrative relief is available or if the project must be reviewed by the Planning Commission to properly consider safety, health, and use adjacency issues. 3. Any and all existing or new lighting on the building's exterior must be maintained in good working order. All new exterior lighting shall be directed towards the restaurant and/or sidewalk and not towards other properties. 4. All unpermitted signage and banners must be permitted or removed from the site prior to release of the alcoholic beverage control (ABC) license. 5. Neither Conditional Use Permit shall become effective until an Entertainment Permit has been approved. (Added by action of the Planning Commission July 24, W1 7) Resolution No. 2017-25 Page 7 of 7 31A-15 7/10/2017 0 ti M14 OWN,] Man Prndvrtc. All rinhtc recnrvad. http://maps.digitalmepcentral.com/production/Dashboardl8l6/5/release/html/toolkiticommands/print/hlmlprinUPrintPreview.html 1/1 31A-16 CUP 2017-17 AND CUP 2017-19 MARISCOS EL CAPITAN ON -SALE ABC 1106 SOUTH BRISTOL STREET EXHIBIT 3 SITE PHOTOS 31A-17 A fOG S. BRISTOL 37. CUP 2017-17 AND CUP 2017-19 MARISCOS EL CAPITAN ON -SALE ABC 1106 SOUTH BRISTOL STREET EXHIBIT 4 SITE PLAN 31A-18 AAIIIN CUP 2017-17 AND CUP 2017-19 MARISCOS EL CAPITAN ON -SALE ABC 1106 SOUTH BRISTOL STREET EXHIBIT 5 FLOOR PLAN 31A-19 fl.0AR0{fiNl60fiHA ,,I 31.lm� ' AAIIIN CUP 2017-17 AND CUP 2017-19 MARISCOS EL CAPITAN ON -SALE ABC 1106 SOUTH BRISTOL STREET EXHIBIT 5 FLOOR PLAN 31A-19 fl.0AR0{fiNl60fiHA 31A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-18 TO ALLOW AN INDOOR SPORTS FACILITY FOR ARROWTAG OC LOCATED AT 3400 WEST WARNER AVENUE, UNIT K - THOMAS MAGSAYSAY, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) 62-" /Z., , :Z-! CIT ANAGER 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 Receive and file the staff report approving Conditional Use Permit No. 2017-18 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 24, 2017, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-18 as conditioned to allow an indoor sports facility for ArrowTag OC at 3400 West Warner Avenue, Unit K located in the Light Industrial (M-1) zoning district. The Planning Commission approved the resolution with one amendment to remove a condition of approval that would have allowed staff to determine if administrative relief is available to allow minor changes to the project are proposed after the project is entitled (Exhibit A). DISCUSSION Thomas Magsaysay, representing ArrowTag OC, is requesting approval of a conditional use permit (CUP) to allow an indoor sport facility at 3400 West Warner Avenue, Unit K. Specifically, the applicant is requesting approval per Section 41-472.5(s) of the Santa Ana Municipal Code (SAMC), which requires a CUP for an indoor sports facility in the Light Industrial (M-1) zoning district. The applicant is proposing to occupy a 6,480 -square foot suite within an existing 42,720 - square foot industrial building with ArrowTag, an indoor dodge ball sport facility where players use custom foam bow and arrows to compete against each other. Several interior improvements are proposed to accommodate the use which will allow the suite to meet all State Building and Fire Codes. With the exception of signage, all improvements will take place within the building. The hours of operation will be from 10:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sunday. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 B-1 CUP No. 2017-18 — ArrowTag OC at 3400 West Warner Avenue, Unit K August 15, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide), FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal Acting Executive Director Planning & Building Agency 10:rb SAFCA108.16-171CUPI 7-18,3400 W Warner Unit K.00 Exhibit: A. Planning Commission Staff Report 31 B-2 s O R PLANNING COMMISSION MEETING DATE: JULY 24, 2017 TITLE: PUBLIC HEARING - FILED BY THOMAS MAGSAYSAY FOR CONDITIONAL USE PERMIT NO. 2017-18 TO ALLOW AN INDOOR SPORTS FACILITY FOR ARROWTAG OC LOCATED AT 3400 WEST WARNER AVENUE, UNIT K (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ivan Orozco Executive Direct r PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017-18 as conditioned. Executive Summary Thomas Magsaysay, representing ArrowTag OC, is requesting approval of a conditional use permit (CUP) to allow an indoor sports facility at 3400 West Warner Avenue, Unit K. Specifically, the applicant is requesting approval per Section 41-472.5(x) of the Santa Ana Municipal Code (SAMC), which requires a CUP for an indoor sports facility in the Light Industrial (M-1) zoning district. Staff is recommending approval of the request because the site meets all Santa Ana Municipal Cade requirements to be considered an indoor sports facility and because the site is located away from any sensitive land uses. Table 1: Project and Location Information Mein nfp matlon Project Address 3400 West Warner Avenue, Unit K Nearest Intersection Warner Avenue and Yale Street General Plan Designation Industrial (IND) Zoning Designation Light Industrial (M-1) Surrounding Land Uses North Industrial East Rail Road Corridor South industrial West Industrial Property Size 8.75 acres Existing Site Development The site is developed with three multi -tenant industrial buildings Use Permissions Allowed with a conditional use permit CUP Zoning Code Sections Affected Use I SAMC Section 41-472.5 s Operational Standards I SAMC Section 41.482 Indoor sport facility) EXHIBIT A 31 B-3 CUP No. 2017-18 July 24, 2017 Page 2 Project Description The applicant is proposing to occupy a 6,480 -square -foot suite within an existing 42,720 -square - foot industrial building with ArrowTag, an indoor dodge ball sport facility where players use custom foam bow and arrows to compete against each other, Several interior improvements are proposed to accommodate the use which will allow the suite to meet all State Building and Fire Codes. With the exception of signage, all improvements will take place within the building, Interior tenant improvements include the construction of dodge ball courts, seating, restroom facilities, office space; and a reception area. Exterior site Improvements will include new bicycle racks provided near the front entrance, and upgrades to the building's exterior accessibility requirements, which have already been completed. Finally, signage will be installed to 'identify the proposed use. The hours of operation will be from 10:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a,m. to 8:00 p.m. on Sunday (Exhibits 2, 3 and 4). Table 2: Development Standards Stshcla5tis ;* Requ�rd bjrrSIIC ; r° _' P�roids�i 4 `, �.. w.x�,� Business Operations All activity will be conducted Complies; No proposed within an enclosed structure activities outside of the suite Outdoor Storage Must be fully screened by a Complies, No outdoor storage decorative masonry wall proposed Complies, Hours of Operation Between 7:00 a.m. and 10:00 Proposed operations within the p.m. daily hours of 10:00 a.m. to10:00 P.M, Complies, 468 total spaces Parking 20 Stalls provided on the entire; site. Project Background In January 2017, the applicant submitted plans for development Project Review to begin the entitlement process of establishing an indoor sports facility, The property owner has completed several improvements to the site including new parking pavement and stripping, new landscaping, and paint. City agencies reviewed the project and the site, and in June 2017, the applicant received the approvals to submit an application for a CUP. ArrowTag Is currently leasing temporary space from a similar establishment in Garden Grove. This location In Santa Ana will be the first independent, standalone ArrowTag facility and will serve residents and visitors alike. Pro`lect Analysis Ordinance No. NS -2776 was adopted in 2008 and added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial (M-1) zoning district, Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities, in combination with higher lease rates in commercial areas, resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. in response to the 31 B-4 CUP No. 2017-18 July 24, 2017 Page 3 growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M-1) zoning district subject to compliance with certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation, and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The subject property is in compliance with applicable development standards. Additionally, appropriate conditions of approval will ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding tenants within the center. The indoor sport facility at this location supports several General Plan policies such as promoting a balance of land uses to address basic community needs, such as physical activity; enhancing the City's economic and fiscal viability; promoting the rehabilitation of commercial properties; and encouraging increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from the site more than four years ago. The project will provide a service that will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The facility will not be detrimental to persons residing or working in the area as it is located within an area of the City that is predominantly industrial in nature; no sensitive land uses are located nearby. Further, improvements to the site that will bring the site into compliance with applicable disability act standards have been completed. Finally, conditions have been placed on the project that will address any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. Table 3: CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public'Not!flcation & C6mmunit Outreach CEQA CEQA Type Categorical Exemption Section 15301 DocumentType Existing Facilities ER No. 2017-07 _ Class 1 exemptions apply to existing facilities. The building which Arrow Tag Reason(s) proposes to re -tenant is an existing building that was once used for industrial Exempt or Analysis purposes and no expansion of square footage or physical land disturbances are proposed as part of the project. Strats"ic Plan Alignment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job Goal(s) and growth and encourage private development through new General Plan and Zoning Policy(s) Ordinance policies, as well as Objective No. 5 to leverage private investment that results in tax base expansion and job creation citywide. Public Notification & Community Outreach A public noticed was posted on the project site on July 13, 2017. Notification by mail was mailed to all property owners and occupants within 500 Required Measures feet of the project site on July 13, 2017. Newspaper posting was published in the Orange County Reporter on July 14, 2017, 31 B-5 CUP No. 2017-18 July 24, 2017 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017-18 as conditioned. 4 Ivan Orozco Assistant Planner 10:jm MSPIanninACommission\3400W WarneA UP2017^18-IE9400 WWarner; Un¢K.pc Exhibits 1, Vicinity Zoning and Aerial View 2. Site Photo 3. Site Plan 4. Floor Pian 5. Resolution MEW 9/13/2017 CrPI��#F�F��3 r� , 4 i zt, !m, ?nl4 DWMI Man Prndivl'r. All rinhrs raKnrvr L http:t/maps.digitalmapcentral,com/production/Dashboard/8/6/5/release/h�t=7ands/piint/htmiprint/PrintPrevlew.html 1/1 x ^J9 _ h k .Nv�n N aNt (Ml r^3 ro m..0 tuw x ry ^^^itt _ •'I _ JFJJ�.IYI � ILfI I I I t� f I I F•�I_I I I_ .�� IIr 1 I�x4. @ p ^� •I Y -d` 2{ ^WsY `' � f6 3f41' M rv'-N` Itl Mnr" 2Y MtT RI fiN' Ff,l LLL.,'iT. }r 1 k � -.�+s"ax°a<i Y.rY ri M1FT »ter 9e 9 •I fir'-"" )SCfi n'_WAcn €W>wu= '•rY _...�, _ t' �.' � �sk]nv. q�Cavi'fYn nR PRr,Flep t e•esnrz Mllk� 4 .�I � mu.a• wMrrY*}�wi[Et R ,�� _,_._ L; 169 I....f tt \ iii � Ii.l`NgVLJI E��✓II �'��Iy�i fryxQ;�y�� I II II II —LI..J_LLcs.1��1J�L.1_��11L11� __ -TTFT S (( 1 yyyfff�$fyfyfry}�'4 PNI'' II II ' I _ I yA?�i...v.4Y W%Y*Ity%sYt yp5'P4�" I 9 -- I 7 a —IM fi 8 4 51TET€N I x ^J9 _ h k .Nv�n N aNt (Ml r^3 ro m..0 tuw x ry ^^^itt _ •'I _ JFJJ�.IYI � ILfI I I I t� f I I F•�I_I I I_ .�� 1 I�x4. @ p ^� •I Y -d` 2{ ^WsY `' � f6 3f41' M rv'-N` Itl Mnr" 2Y MtT RI fiN' Ff,l LLL.,'iT. }r 1 k � -.�+s"ax°a<i Y.rY ri M1FT »ter 9e 9 •I fir'-"" )SCfi n'_WAcn €W>wu= '•rY _...�, _ t' �.' � �sk]nv. q�Cavi'fYn nR PRr,Flep t e•esnrz , ICV -Y x 4 .�I � mu.a• wMrrY*}�wi[Et R ,�� _,_._ L; 169 I....f tt \ iii � Ii.l`NgVLJI E��✓II �'��Iy�i fryxQ;�y�� I II II II —LI..J_LLcs.1��1J�L.1_��11L11� __ -TTFT S (( 1 yyyfff�$fyfyfry}�'4 PNI'' II II ' I _ I yA?�i...v.4Y W%Y*Ity%sYt yp5'P4�" I -- I 7 a —IM EXHIBIT 3 31 B-9 EXHIBIT 4 31 B-10 t{ n r �— K EXHIBIT 4 31 B-10 LS 7.24 .17 RESOLUTION NO. 2017-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-18 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY AT 3400 WEST WARNER AVENUE. UNIT K BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. ArrowTag OC (Applicant) is requesting approval of Conditional Use Permit No. 2017-18 to allow an indoor sport facility at 3400 West Warner Avenue, Unit K. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-472.5 (s), a Conditional Use Permit (CUP) is required for an indoor sport facility established in the City of Santa Ana. C. On July 24, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-18. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638 (a)(1), have been established for Conditional Use Permit No. 2017-18 to allow an indoor sport facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will provide a service that will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Santa Ana is a park - deficient city and an indoor sport facility such as ArrowTag provides valuable recreation and health benefits to the community. Further, the business will provide additional employment opportunities for residents that live in the City. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2017-26 Page 1 of 5 31 B-11 The facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements to the site have already been made to guarantee that the site is in compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the completed improvements to the site, will enhance the economic viability of the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The property owner has already provided improvements to the parking lot and landscaping that bring the site into compliance with the Zoning Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed indoor sports facility that promote a balance of land uses to address basic community needs, such as physical activity, and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of industrial properties, and encourages increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from Resolution No. 2017-26 Page 2 of 5 31 B-12 the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located in a mostly industrial area guaranteeing minimal land impacts, and conditions of approval will ensure that its operations will be compatible with the surrounding properties and businesses. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building with a new tenant, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2017-07 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-18, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 24, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of July, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Contreras -Leo, Nguyen (2) ABSTENTIONS: Commissioners: None (0) Lynnette Verino Chairperson Resolution No. 2017-26 Page 3 of 5 31 B-13 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 24, 2017. Date: Acting Commission Secretary City of Santa Ana 31B-14 Resolution No. 2017-26 Page 4 of 5 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2017-18 Conditional Use Permit No. 2017-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2017- 03). .. Divisiony amendment te this GonditiORal use permit myst be submitted to thePlanning (Deleted actionof • Commission/ The site occupant shall be responsible for maintaining the premises free from graffiti and litter, including the landscaping area adjacent to the rail road corridor. All graffiti and litter shall be removed within 24 hours. 4. The facility shall be maintained as per approved plans. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2017-26 Page 5 of 5 31 B-15 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND APPROPRIATION ADJUSTMENT FOR YOUTH KNOW: COMMUNITY SOCIAL INNOVATION PROJECT (STRATEGIC PLAN NO. 212A) O(TY MAN CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a Resolution of the City Council of the City of Santa Ana accepting the award of a Pitch -an -Idea Grant and authorizing the Executive Director of the Parks, Recreation and Community Services Department to execute any paperwork necessary to comply with the Grant. Approve an appropriation adjustment recognizing grant revenue in the amount of $65,800 in the Library Services and Technology Act -Grant Awards revenue account (no. 15411002 52001) and appropriating the same amount to the Library Services and Technology Act - Grant Awards expenditure accounts (no. 15411193 various). DISCUSSION On January 30, 2017, the State of California Library issued a Notice of Funding Availability from the Library Services and Technology Act under the 'Pitch -An -Idea" Grant. Parks, Recreation and Community Services Agency (PRCSA) - Library Division submitted a proposal for a "Youth Know: Community Social Innovation Project', which promotes youth civic engagement. After State review of various ideas, the City was invited to participate in a conference call to elaborate on the "Pitch - An -Idea' proposal. The Youth Know program will utilize experienced Youth Civic Engagement interns to mentor and guide teen/young adult volunteers in the development of the skills required to find out about issues of interest, analyze that information, develop possible paths to improvement/mitigation, and promote their ideas to the community and support services. On June 26, 2017, the City received an award letter informing the City that the grant application was approved for the requested amount. In order to comply with the terms of the Grant, the City needs to execute certain certifications, assurances, and other documents. Staff is requesting that 55A-1 Agreement with California State Library and Appropriation Adjustment August 15, 2017 Page 2 the City Council authorize the Executive Director of the Parks, Recreation and Community Services Department to execute those certification, assurances and other documents necessary to comply with the terms of the Grant. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education and Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after- school programs during out-of-school hours at the library and community centers.). FUNDING The City will receive $29,610 upon execution of agreement and submission of claim by fiscal agent, $29,610 on or about October 30, 2017 and $6,580 on the submission of all reporting and returns all unspent funds by the time specified in the Grant Guide. FISCAL IMPACT An appropriation adjustment to recognize grant funds and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY 17/18 Revenue Library Services and Technology Act -Grant Awards (no. 15411002 52001) $65,800 Expenditure Library Services and Technology Act -Grant Awards (no. 15411193 various) $65,800 APPROVED AS TO FUNDS AND ACCOUNTS: erardo Mouet Francisco Gutierrez E6 Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency EXHIBIT: 1. Resolution 2. Consolidated Application, Notification of Grant Award 3. Certification 55A-2 8/15/17 LAR RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE AWARD OF A PITCH - AN -IDEA GRANT AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE ANY PAPERWORK NECESSARY TO COMPLY WITH THE GRANT 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 State of California, California State Library ("State") issued a Notice of Funding Availability dated January 30, 2017 ("NOFA") under its Pitch -An -Idea Program. B. The City of Santa Ana filed an application for a Pitch -An -Idea Program grant for implementation of the "Youth Know: Community Social Innovation" project which promotes youth civic engagement. C. The State is authorized to approve funding allocations for the Pitch -An - Idea Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. D. On June 26, 2017, the City received an award letter from the State informing the City that the grant application was approved for the requested amount. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City to enter into, execute, and deliver an agreement in an amount not to exceed $65,800.00, and any and all other documents including any grant assurances or certifications required or deemed necessary or appropriate to comply with the Pitch -An - Idea Program Grant from the State, and all amendments thereto (collectively, the "Pitch - An -Idea Grant Documents'). Section 3. The City of Santa Ana hereby agrees to be subject to the terms and conditions as specified by the granting agency. Funds are to be used for allowable project expenditures to be identified in the Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Agreement and/or certifications. City agrees to use the funds for eligible expenditures in the manner presented in the application as approved by the State and in accordance with the NOFA and Program Guidelines and Application Package. Resolution 2017 -XXX Exhibit i Page 1 of 2 55A-3 Section 4. The Executive Director of Parks, Recreation and Community Services Agency or his designee is authorized to execute in the name of the City the Pitch -An -Idea Grant Documents including but not limited to Grant assurances and certifications as required by the State for participation in the Program. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: &u ,A, Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Clerk of the Council City of Santa Ana 55A-4 Resolution 2017 -XXX Page 2 of 2 CALIFORNIA STATE LIBRARY LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) FISCAL YEAR 2017/2018 PITCH -AN -IDEA GRANT APPLICATION ELEMENT 1: BASIC INFORMATION (please see application instructions for additional information) 1. 3. Library/Organization Santa Ana Public Library 2. Library's DUNS Number 08-315-3247 Legal Business Name (must match name registered with Federal Employer Identification Number (FEIN)) City Of Santa Ana 4. Project Coordinator Name 5. Project Coordinator Title Principal Librarian- Young u o un eer Cheryl A. Eberly Services 6. Email Address 7. Business Phone Number ceberly@santa-ana.org 714-647-5288 8. Mailing Address City State Zip 26 Civic Center Plaza Santa Ana CA 92701 9. Project Title Youth Know: Community Social Innovation Project 10. LSTA Funds Requested $65,800 11. Cash Match & In -Kind $78,680 12. Total Project Cost $144,480 13. California's LSTA Goals (Check one goal that best describes the project) ❑ Literate California ❑ 21" Century Skills ❑ 22" Century Tools ❑ Content Creation/Preservation ❑ Bridging the Digital Divide ❑ Information Connections ® Community Connections ❑ Ensuring Library Access for All 14. Primary Audience for project (Select all that apply) ® Adults ® Pre -School Children ® Families ❑ Rural Populations ® Immigrants/Refugecs ® School Age Children ® Intergenerational Groups (Excluding Families) ® Senior Citizens ® Library Staff, Volunteers and/or Trustees ❑ Statewide Public ® Low Income ❑ Suburban Populations ® Non/Limited English Speaking Persons ® Unemployed ® People with Disabilities ® Urban Populations ® People with Limited Functional Literacy ® Young Adults and Teens ELEMENT 2: PROJECT BACKGROUND AND SUMMARY Describe how this project was identified as a need, how it relates to your library's strategic plan, what will be accomplished if this project is implemented, and how you will know whether your project is successful. Summary should relate to activities in the timeline (Element 4) and include statistical information to support the project. The Santa Ana Public Library's TeenSpace has always been a refuge for marginalized youth. Since its inception in 2009, it has welcomed and sheltered teens and young adults experiencing the results of the cultural, economic, educational, and situational challenges endemic to an urban immigrant community. They have grown up in a built out environment suffering from high population density, limited green space and an expanding and very present homeless population. They face daily the effects of poverty and poor diet on health and hope. The statistics are daunting. Santa Ana's population is 78% Latino and 11% Asian. 71% speak Spanish and 9.7% speak an Asian language at home. 45% are foreign born. 31% fall below the poverty line, and the median income for those 25 and over is just over $24,000 per year. Engaging youth through its Circle of Mentoring Program, the Library has been successful in drawing marginalized youth into the program and retaining them through their growing years. The Library's effective commitment to these youth and their concerns was recognized by the President's Committee on the Arts and Humanities, which awarded the program the 2014 National Arts and Humanities Youth Program Award. The City's Strategic Plan has recognized the importance of these problems by providing the Library with a central role in its Youth Civic Engagement five year Strategic Plan. It has enabled the Library to employ Youth Civic Engagement Interns, who are tasked both with developing their own commitment to civic engagement, and reaching out to the City's youth to engage them. They have had remarkable success. In 2016, they developed and hosted a Youth Services Provider Summit, which offered nearly 100 workers in service to Santa Ana youth an opportunity to learn from a nationally recognized expert how to cultivate resilience in youth. Both the Library and the providers recognize that resilience is essential to children growing up among such challenges. Many of these providers will be partners in this project. The YCE's have revitalized the City's moribund Youth Commission, and supported its operation for over two years, recruiting members and insuring funding for Commission projects. The Youth Commission is charged with bringing youth concerns and innovations to the attention of the City Council, and is an essential youth voice in the community. The Youth Commission will be actively promoting and outreaching for the Youth Know project as part of their #1 Love Santa Ana initiative. The Youth Know program will utilize these experienced Youth Civic Engagement Interns to mentor and guide teen/young adult volunteers in the development of the skills required to find out about issues of interest, analyze that information, develop possible paths to improvement/mitigation, and promote their ideas to the community and support sources. The Youth Know program will employ Tutor Mentors to focus on developing youth skills in the following areas: 1)Research, 2.)Writing, 3.) Communications and Public Speaking and 4.) Video Production. This will begin in a Summer Engagement Academy. The Academy will repeat in January and April, to involve as many teens as possible. In the fall, eight intems selected from the summer academy participants will be employed as Youth Know Interns and will steer new volunteers in guiding young children in reading and writing about social issues, and will host a series of bilingual computer workshops teaching adults how to contact their representatives, evaluate online information sources and communicate using social media. In the spring an additional four Youth Know interns will be hired from the January cohort to implement the same program with a new group of participants. From April -August all intents along with 30 youth volunteers/participants will engage in a Youth Know Social Innovation Academy. The Innovation Academy will incorporate new elements leading to a culminating event in August 2018. This session will take the teens into action, learning about the four targeted areas of the project: homelessness, food insecurity, community sustainability, and health, and using that knowledge to design community-based social innovations for the targeted areas. They will receive instruction in grant writing to fund their innovations, and present them at the culminating Youth Know Social Innovation Unconference and Fair. At the culmination of this project, 292 Youth, 120 Pre -K and elementary age little Buddies, 60 Adult Computer learners, and 40 Community Stakeholders will have participated in high impact civic engagement activities that will provide the necessary catalyst for civic engagement in their community. Additionally we project that over 1000 additional folks will be reached and inspired towards civic engagement by project via CTV3 PSA's and Website. If successful, the Youth Know academy will be sustained albeit in a limited capacity as part of the city's Youth Civic Engagement strategic initiative. The long-term impact of the Youth Know project will be determined when successful outcomes are produced from strategies and interventions designed during the project are implemented in the community of Santa Ana to alleviate the stropples ofhomelessness_ health. food insecurity and community sustainability. 2 EXHIBIT 2 55A-6 ELEMENT 3: PARTNERSHIPS Please list all formal partners for your project here. Please attach (under Element 7) a copy of your signed agreement with each partner, which outlines the role the partner will play and the resources the partner will contribute. y�� Resources That Organization Type Legal Type Partner Will Partner Name (see instructions (see instructions Role on Project Contribute for valid entries) for valid entries) (materials/funds/staff) Cal State University School (University) State Government Instructor/Consul Materials and Staff for Fullerton Nursing Program tant/Mentor for instruction/mentorship Health Focus on Health Focus Area Area Doing Good Works Other- Public Private Sector Instructor/Consul Materials and staff for e13 nefiYCorpora ion ant7Mv filoinstruction/consultatIDTf- Social mentorship in Social Entrepreneurship Entreupreneurship Focus focus area Area Vazquez Law Group Other - Law Office Private Sector Instructor/Consul Materials and Staff for tant/Mentor for instruction/consultation/ Community mentorship in Sustainability Community (Renters Rights) Sustainability (Renters focus area Rights) focus area OC Food Access Human Service Non -Profit Instructor/Consul Materials and Staff for Organization tant/Mentor for instruction/consultation/ Food Insecurity mentorship in Food focus area Insecurity subject area. Coordinate hands-on service learning activity Heritage Museum OC Museum Non -Profit Instructor/Consul Materials and staff for tant/Mentor for instruction/consultation/ Community mentorship in Sustainability and Community Food Insecurity Sustainability and Food focus area Insecurity focus area. Coordinate hands-on service learning activity Orange County Social Human Services Local Government Refer Foster Materials and Services Agency Organization Youth consultation for participants to homelessness subject program. area. Facilitate outreach Consultant for to Foster Youth homelessness participants. focus area Latino Health Access Human Services Non Profit Instructor/Consul Materials and staff for Organization tant/Mentor for instruction/consultation/ Health and mentorship in Health Community Sus- and Community tainability topics Sustainability focus area y�� Orange County Human Services Non Profit Instructor/Consul Materials and staff for Congregation Community Organization tant/Mentor for instruction/consultation/ Organization Homelessness mentorship in focus area homelessness focus area. Facilitate hands-on service learning activities '65 ELEMENT 4: PLANNING AND EVALUATION Please answer each area concisely and completely. For section A -F limit responses to four vales. A. Project Intent (Check only one that best describes the project) Lifelong Learning ❑ Improve users' formal education ❑ Improve users' general knowledge and skills Information Access ❑ Improve users' ability to discover information ❑ Improve users' ability to obtain information resources Institutional Capacity ❑ Improve the library workforce ❑ Improve the library's physical and technology infrastructure ❑ Improve library's operations Economic & Employment Development ❑ Improve users' ability to use and apply business resources Human Services ❑ Improve users' ability to apply information that furthers their personal, family, or household finances ❑ Improve users' ability to apply information that furthers their personal or family health & wellness ❑ Improve users' ability to apply information that furthers their parenting and family skills Civic engagement ® Improve users' ability to participate in their community ® Improve users' ability to participate in community conversation around topics of concern B. Project Purpose — Short statement which answers the questions: we will do what, for whom, for what expected benefit(s). The Youth Know: Community Innovation project will address the lack of civic engagement in our youth by motivating them as learners, critical thinkers, and teachers, helping them to clarify issues in their minds, explore solutions, bring the community together to discuss them, and mentor younger children in their own journey to engagement. C. Anticipated Project Outputs — Measures of services and/or products to be created/provided. 12 youth interns will be trained in workforce and leadership skills to learn, design, implement and engage their community in addressing important community issues, 80 teen/young adult volunteers will learn about important community issues and engage others, 60 adult computer learners will learn how to engage civically in local, state and national governement, 120 little buddies will learn about important issues in their communities and be engaged to finding pathways to shed light, inform and address these issues. 1 Social Innovation Unconference and Fair will be produced with a total projected antendance of 200 community youth and 40 community stakeholders, and 1 Youth Know Social Innovation website will be created, 8 one minute bilingual PSA's will be created. Total anticipated community members served: 512 and 1000+ community members projected to be reached from PSA's on CTV3 D. Anticipated Project Outcome(s) — What change is expected in the target audience's skills, knowledge, behavior, attitude, and/or statusflife condition? How will you measure these outcomes? (for examples see attachment B of the application instructions) 80% of project participants will indicate an increased likelihood to participate in civic causes as compared to their initial survey, 85% of project participants will indicate an increased awareness of issues facing their community, 80% of project participants will acknowledge a sense of optimism and empowerement in finding and implementing innovative pathways to alleviating these social issues, 50% of project participants will have communicated with an elected official regarding the issues that interests them, 80% of Little Buddies will say they learned something important during their story -time and Story -book creation project, 70% of Little Buddies will want to share what they learned with another person. Outcomes will be measured via pre-tests and post-tests, surveys as well as via anecdotal self -reports and observations. E. Briefly describe how this project will be financially supported in the future. ,7mu If project is successful it will become part of the annual curriculum for the city's Youth Civic Engagement initiative, albeit on a smaller scale with a lesser number of Teen/Youth interns. The Youth Know project is fully in line with the ongoing activities of the Youth Civic Engagement Goal embedded in the City's Five Year Strategic Plan. The Library has been tasked with outreach to the community to increase the understanding and commitment of youth to the positive growth and development of their City. The Youth Know Community Innovation Project will focus the attention and efforts of our young people on the most urgent of our community's issues F. Activity Information. Activities are action(s) through which the intent or objective of a project are accomplished. Four activity types have been identified, each with select methods to help you describe how you will carry out this project. Indicate activity types that require a significant commitment of resources to the project (representing 10% or more of total project resources). ® Instruction - Involves an interaction for knowledge or skill transfer and how learning is delivered or experienced. (Check all that apply and provide a description including whether the format will be in- person, virtual, or both) ® Program - Formal interaction and active user engagement (e.g., a class on computer skills). ®—Presentation --Formal-interaerion-andpassiroe user-engagement�e:g:; an-auntorsta}kj, ® Consultation - Informal interaction with an individual or group of individuals (library staff or other professional) who provide expert advice or reference services to individuals, units, or organizations. ® Other Description: Youth Know Summer and Winter Civic Engagement Academy 1 st Cohort and 2nd Cohort: 50 Teen/Young Adult Volunteeers receive instruction in the following areas: A.) Learn about the issues from Community Experts: i.) Homelessness, ii.)Food Insecurity iii.)Community Sustainability, iv.) Health, B.) Learn to analyze and research media to separate fact from fiction, C.) Learn about local, national and global initiatives and innovations that target these issues, D.) Learn how to communicate with elected representatives regarding these issues , E.) Learn to Communicate and inform the public about these issues via the following workshops: l.) High Impact social media 2.) Marketing 3.) Create 1 minute Bilingual PSA F.) Participate in one "Good -for - Community " Service Project G.) Participate in one "Good -for the World" Service Project H.) Fieldtrip to Museum of Tolerance. Instruction and Learning will occur via a combination of Program, Presentation, Consultation and Other in the form of hands-on service learning, and fieldtrips. Youth Know Student Internships 1" and 2"d Cohort: 12 Student interns will be recruited from Summer and Winter academies. Interns with the guidance and supervision of city's Youth Civic Engagement admin interns and tutor/mentors will lead, and implement two Programs: A.) Kids Know: Buddy Story -time and Story -Book Project and B.)Community Know Computing for Civic Engagement.. Youth Interns will learn to engage, instruct and assist program participants via a combo approach of program, presentation and consultation formats, as well as other hands on programming work based learning formats. A.)Kids Know: Buddy Story -time and Story -Book Project 1" and 2"d Cohort: 120 children will participate in intern led special Story -times featuring children's books that shed light on important social issues. 60 Teen Big -buddy volunteers will pair up with little buddies to reflect on Story -times, create artwork and collaborate on creating a Kids Know Story -Book Instruction will include program, presentation, consultation and other hands-on learning by doing elements. B.) Community Know Computing for Civic Engagement 1 at and 2"d Cohort: 60 adults will be assisted by Teen Interns in special bilingual computer classes that will teach the public about various aspects of online civic participation like online petitions, emails to elected representative, credible online news sources, how to avoid online scams, how to be informed of local initiative, how to communicate effectively with social media. Instruction will include program, presentation, consultation and other hands-on learning by doing elements. Youth Know Social Innovation Academy: 12 interns and 30 Teens/Young Adult Volunteers will receive instruction in the following areas 1. Peer mentorship. 2.Leam about the Social Innovations and Social Entrepreneurships in 4 areas of i.) Homelessness, ii.) Food Insecurity iii.) Community Sustainability iv.) Health, 3. Participate in community engagement events to provide information, and gather community input, 4.) Do service learning at local community organizations to learn about various community initiatives and interventions in target areas, 5.) Brainstorm, collaborate and design community based social innovations for 4 targeted areas and 6.) Learn to write a grant, and EXHIBIT?, identify funding sources for social innovation. Instruction will include program, presentation, consultation and other hands-on service learning experiences. Culminating Event: Youth Know Social Innovation Unconference and Fair: 12 Interns with the guidance and supervision of the City's Youth Civic Engagement admin interns and tutor/mentors will lead and implement the 2 day event for 200 youth and 40 community stakeholders. The Unconference and Fair will bring in 40 community stakeholder organizations and 200 community youth. The first day will be a Social Innovation Fair where intems will exhibit and present on their social innovation projects that they developed as part of their Social Innovation Academy. The Second day will be the Unconference or "Open Space" meeting format which is a " loosely structured conference emphasizing the informal exchange of information and ideas between participants, rather than following a conventionally structured program of events". Instruction in this event will include program, presentation, consultation and other hands-on learning by doing elements. Largest percent of project funding is dedicated to Instruction Activity type. 2. ® Content - Involves the acquisition, development, or transfer of information and how information is made accessible. (Check all that apply and provide a description including whether the_format will be physical, digital, or both) ® Acquisition - Selecting, ordering, and receiving materials for library or archival collections by purchase, exchange, or gift, which may include budgeting and negotiating with outside agencies (i.e. publishers, vendors) to obtain resources. May also include procuring software or hardware for the purposes of storing and/or retrieving information or enabling the act of experiencing, manipulating, or otherwise interacting with an information resource. ® Creation - Design or production of an information tool or resource (e.g., digital objects, curricula, manuals). Includes digitization or the process of converting data to digital format for processing by a computer. ❑ Description - Apply standardized descriptive information and/or apply such information in a standardized format to items or groups of items in a collection for purposes of intellectual control, organization, and retrieval. ❑ Lending - Provision of a library's resources and collections through the circulation of materials (general circulation, reserves). May also refer to the physical or electronic delivery of documents from a library collection to the residence or place of business of a library user, upon request. ❑ Preservation - Effort that extends the life or use life of a living or non -living collection, the individual items or entities included in a collection, or a structure, building or site by reducing the likelihood or speed of deterioration. ❑ Other Description: Acquisition: 1. We will be creating a specialized Youth Know Social Innovation Young Adult collection of books and materials on the topics of social change, social innovation, social entrepreneurship, open spaces, youth leadership, homelessness, community sustainability, health and food insecurity. 2. We will be purchasing children's books that shed light on important social issues 3. We will be purchasing (pads and desktop computeers for use by intems and participants Creation: 1. We will create 1 Youth Know Social Innovation website which will have curriculum materials, project ideas from youth, resources and display photos and other project outputs like Buddy story -book and Youth Intern innovation ideas. 2. 8 1 minute bilingual PSA's on 4 Target areas. 3. ❑ Planning & Evaluation - Involves design, development, or assessment of operations, services, or resources and when information is collected, analyzed, and/or disseminated. (Check all that apply and provide a description including whether the.format will be in-house or third -party) ❑ Retrospective - Research effort that involves historical assessments of the condition of a project, program, service, operation, resource and/or user group. ❑ Prospective - Research effort that projects or forecasts a future condition of a project, program, service, operation, resource, and/or user group. Description: 4. ❑ Procurement —May only be used for projects with an Institutional Capacity Intent. Acquiring or leasing facilities; purchasing equipment/supplies, hardware/software, or other materials (not content) that support general library infrastructure. (Provide a description) Description: EXHIBIT 2 55A-12 ELEMENTS: GRANT TIMELINE/ACTIVITIES Show each major project activity and when it will be started and/or completed throughout the project The dinneline should correspond to the activities described in Planning and Evaluation. Please put an X in each Recruitment and Assigning of Tutor/Mentors Youth Know Summer Civic Engagement Academy 1" Cohort ertanuu X month. X X X Youth Know Student Internships I" Cohort/8 interns) X X X X X X X X X X X Kids Know: Buddy Story -time and Story Book Project (1" Cohort) X X X X X Community Know Computing for Civic Engagement (1" Cohort) X X X X X Youth Know Winter Civic Engage ent Academy (2nd Cohort) Youth Know Student Internships 2d Cohort/4 interns) X X X X X X X X Kids Know: Buddy Story -time and Story Book Project (2 Cohort) X X X X X �mmunity Know Computing for Civic Engagement (2 hort X X X X X uth Know Social Innovation Academy X X X X X uth Know Social Innovation Unconference and Fair X X X X Youth Know Social Innovation Unconference and Fair X Youth Know Social Innovation Website X X X X X Youth Know Social Innovation PSA's X X X X X X X X X X X ELEMENT6: BUDGET The budget should clearly identify the amounts requested and from what sources. Youth Know Interns $35,000 $0 $35,000 Civic Engagement Tutor Mentors $20,000 $6,500 $26,500 Youth Civic Engagement Admin Interns $0 $15,000 $15 000 Library Staff Oversight —$0—$45,000 $45,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $55,000 $66,500 $121,500 DescriptiGm-Staffaequest- Youth Know Interns: Cohort 1 (8 interns =290 hrs /14%FTE per intern @ $11.23/hr =$26,054) + Cohort 2 (4 interns =199 hrs/9.5%FTE per intern @ $11.23/hr =$8940) _ $35,000 Youth Civic Engagement Tutor Mentors: Research Tutor Mentors (306 hrs /15% FTE @$16.34 =$5000) + Writing Tutor Mentors (306 Ins/15% FTE @$16.34 = $5000) + Communications and Public Speaking Tutor Mentors (306 hrs/15%FTE@$16.34 = $5000) + Video Production Tutor Mentors (306 hrs/15%FTE@$16.34 =$5,000) _ $20,000 In -Kind Staff Budget Youth Civic Engagement Tutor Mentors (4 Tutor Mentors x 100hrs/5%FI'E @ $16.34/hr =$6,500) Youth Civic Engagement Admin Interns ( 6 Admin Interns x 178 hours/8.5`/`FIE @ $14/hr =$15,000) Library Staff Oversight: Cheryl Eberly, Project Director, 300 hrs/15%FTE @$60/hr =$18,000, Heather Folmar, Library Operations Manager, 80hrs/ 4%FTE x $80/hr = $6400, Cat Torres, Librarian, 400 hrs/19%FTE @ $40/hr =$16,000, David Lopez, Librarian, 115hrs/5.5%FTE x S40/hr =$4600 Contracted Advisors - Community Sustainability $0 $1,000 $1,000 Contracted Advisors - Homelessness $0 $500 $500 Contracted Advisor - Social Innovation Media and Marketing $0 $500 $500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $2,000 $2,000 Description: Contracted Advisor 1 (TBD) -Community Sustainability (LGBTQ Focus Area) _ $500 Contracted Advisor 2 (TBD) - Community Sustainability (Immigration Focus Area) =$500 Contracted Advisor 3 (TBD) - Homelessness (Global Perspective Focus Area) _ $500 Contracted Advisor (Laura Bustamante) -Social Innovation Media and Marketing = $500 EXHIBIT 2 10 55A-14 Fieldtrip to Museum of Tolerance - Transportation 2 Cohorts $0 $1200 $1200 Fieldtrip to Museum of Tolerance - Meals 2 Cohorts $0 $600 $600 Fieldtrip to Museum of Tolerance - Admissions $400 $400 $800 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $400 $2,200 $2,600 Description: Grant Funded (Admissions Tickets to Museum of Tolerance Cohort 2 = 35 participants x $11.50= In -Kind -Transportation casts Gehert l-afld Goh9rb2 (-Chartered Bus=$600�er tripe 3-taps=$1209 Meal Costs Cohort 1 and Cohort 2 ($300 per tap x 2 trips = $600) Admissions Tickets to Museum of Tolerance Cohort 1 (35 participants x $11.50 = $400) Library Materials $2,000 $2,000 $400) $4,000 Supplies $4,000 $180 $4,180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 1...-$2,180 $0 1 $0 Subtotal $6,000 $8,180 5gxIPAT� 11 Description: Library Materials: 1. Acquisition of books to be added to a specialized Youth Know Social Innovation Young Adult collection of books and materials on the topics of social change, social innovation, social entrepreneurship, open spaces, youth leadership, homelessness, community sustainability, health and food insecurity. 2. We will be purchasing children's books that shed light on important social issues Supplies: Ipads (For use by Youth Know Interns at Civic Engagement Events and for Social Media and Digital Media) =6 Ipads x $400 =2400 Desktop Computers (Youth Know Intern Project Computer station) = 2 Computers x $800 =$1600 In -Kind = "Strenghtfmder 2.0" Books For Youth Interns = 12 books x $15 =$180 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 Description: Community Partners- Doing Good Works $0 $5,200 $5,200 Community Partners - Vazquez Law Office $0 $600 $600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 1 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $5,800 $5,800 Description: Doing Good Works: In -Kind Contribution = $5,250 Mindset Matters curriculum for 40 students, access to Year 1 and Year 2 materials = $4,250 Time allocated for Doing Good Works ($50/hour for each member): • Amy Bawden: set up, orientation, training = 5 hours • Amy Bawden, Scott Henderson, & Jordan Bartlett: presentation time and mentoring time = 15 howl total . Total time = 20 hours X $50 = $1,000 Vazquez Law Group = Deborah Vazquez (2 hours x $300 per hour = $600) EXHIBIT 2 12 55A-16 Check one: ❑ No Indirect ❑ Federally negotiated indirect cost rate * please attach supporting documentation if required Description: 10% of total PT base salary total of $44,000 ELEMENT 7: ATTACHMENTS ® Indirect proposed cost rate * $65,800 1 $78,680 1 $144,480 If you have additional resources that support your grant, please attach after this page ELEMENT 8: INTERNET CERTIFICATION Check the Appropriate Library Type ® Public Library ❑ Academic ❑ K-12 ❑ Multi -Type ❑ Special/Other As the duly authorized representative of the applicant public library, public elementary school library or public secondary school library applying for LSTA funding, I hereby certify that the Library is (check only one of the following boxes) A. ® An individual applicant that is CIPA compliant. The applicant library, as a public library, a public elementary school library or public secondary school library, has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. B. ❑ Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified they are CIPA compliant. All public libraries, public elementary school libraries, and public secondary school libraries, participating in the application have complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this application has collected Internet Safety Certifications from all other applicants who are subject to CIPA requirements. The library will keep these certifications on file with other application materials, and if awarded funds, with other project records. C. ❑ Not Subject to CIPA Requirements. The CIPA requirements do not apply because no funds made available under this LSTA grant program will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet. SIGNATURE I have read and support this LSTA Grant Application. Santa Ana Public Library Youth Know: Community Innovation Project Library/Organization Project Name Gerardo Mouet Library Director Director Jlle: mcpltstalan,im,nmvps& ,.,n,dll7/8 Director: Parks, Recreation, and Community Services Title 5/30/2017 Date EXHIBIT 2 14 55A-18 THE BASICS — YOUR LSTA GRANT AWARD The following provides all of the basic information about your grant and managing your grant. Award #: 40-8787 File #: CP -22 IMLS #: LS -00-17-0005-17 Library: Santa Ana Public Library Project Title: Youth Know: Community Social Innovation Project Award Amount: $65,800 2017/2018 LSTA APPROVED BUDGET Salaries/Wages/Benefits $55,000 Consultant Fees $0 Travel $400 Supplies/Materials $6,000 Equip ment $5,000 or more per unit $0 Services $0 Project Total $61,400 Indirect Cost $4,400 Grant Total $65,800 Start Date: Jul 1 2017 End Date: I August 31, 2018 This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date. REPORTING Financial and program narrative reports are required. All required reporting materials will be located on the California State Library's website at htto://www.library.ca.cov/grantsnsta/manaae.htmi. The forms, along with instructions, will be on the website under the heading "Pitch -An -Idea Grants 2017/2018." The Grant Guide for this project will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds. PAYMENTS Please note this clarification regarding payments. If your full grant amount is $20,000 or more, ten percent (10%) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulls all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program. CONTACT We want your project to be successful. Please work with this grant monitor in implementing your project. Grant Monitor: Lena Pham Phone Number: (916) 651-0376 Email Address: lena.pham@library.ca.gov Exhibit 3 N" m plNaaw" tlnrINe alsH 118 55A-19 California State Library Fiscal Office P.O.942837 Sacramento, CA 94237-0001 LSTA GA PAGE 1 LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD I. The subrecipient designated above hereby certifies to the California State Library, for a grant of funds in the amount $65,800 . This block grant will provide library services as set forth in the LSTA Service Project Application as approved and/or as amended by the California State Librarian. TERMS AND CONDITIONS The subrecipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2017/18 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. "Subrecipierif means the government or other legal entity to which a subaward is awarded and which is accountable to the grantee for the use of the funds provided. 7. The subrecipient will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subrecipient will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. 55A-20 California State Library Fiscal Office P.O.942837 Sacramento, CA 94237-0001 LSTA GA PAGE 2 LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) B. The control of funds and title to property derived there from shall be in a subrecipient agency for the uses and purposes provided; a subrecipient agency will administer such property and funds and shall apply funds only for the purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subrecipient effort. 10. This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104-208 on September 30, 1996; and Congressional Record — House, H11644 - H11728 on September 28, 1996, H12266 -H12267 on October 3, 1996; and 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, December 26, 2013. Congress enacted the Museum and Library Services Act of 2010 (Pub. L. 111-340, codified at 20 U.S.C. § 9101 of seq.), which also incorporates Library Services and Technology Act (LSTA). 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution until the end of the grant period, but shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subrecipient shall deliver to the State Librarian copies of all reports and/or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subrecipient for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subrecipient. If funding has been advanced to the subrecipient, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. 55A-21 California State Library Fiscal Office P.O.942837 Sacramento, CA 94237-0001 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library LSTA GA PAGE 3 LSTA GRANT AWARD # 40-8787 CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) During the grant period, the subrecipient may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in the grant funding award must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification (LSTA Form 4) may be required to be submitted according to the instructions. Approval is by the State Librarian. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. The total amount paid by the California State Library to the subrecipient under this agreement shall not exceed $65,800 and shall be expended/encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. I. The subrecipient shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the Grant Guide for the project located on the CSL's website, on the progress and activities of the project to the State Library within 30 days following the end of the designated quarter. II. The subrecipient shall submit quarterly Financial Reports to the State Library, unless otherwise noted in the Grant Guide for the project located on the CSL's website. These reports are to reflect the expenditures made by the subrecipient under the agreement. The financial reports are to be submitted within 30 days following the end of the designated quarter. III. To obtain payment hereunder the subrecipient shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. IV. The final 10% of the grant award (if applicable) is payable only if the subrecipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the Grant Guide. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline. Payment will be provided to cover the expenditures incurred by the subrecipient for the project in the following manner: $29,610 upon execution of the agreement and submission of claim by fiscal agent $29,610 on or about October 30, 2017 $6,580 on the submission of all reporting and return of funds If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subrecipient, the subrecipient shall refund to the California State Library the ar9ypLof syr excess payment. LSTA PAGE 4 LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library CERTIFICATIONS REGARDING: NONDISCRIMINATION; DEBARMENT AND SUSPENSION; AND OTHER ASSURANCES The authorized representative certifies that the Subrecipient or its Fiscal Agent will comply with the following: Nondiscrimination (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 C.F.R part 1170 in determining compliance with § 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681-83, 1685-86), which prohibits discrimination on the basis of sex in education programs; and (d) The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 at seq.), which prohibits discrimination on the basis of age. The authorized representative certifies to the best of his or her knowledge and belief that neither the Subrecipient nor its Fiscal Agent: Debarment and Suspension (a) Are presently excluded or disqualified; (b) Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. part 180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; fraud, antitrust, embezzlement, forgery, bribery, tax evasion, making false statements, receiving stolen property, or similar offenses so serious as to affect the integrity of the subrecipient or its fiscal agent. (c) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 C.F.R. part 180.800(a) and enumerated above. (d) Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default. Trafficking in Persons • engages in trafficking in persons, procures a commercial sex act, or uses forced labor • procures a commercial sex act during the period of time that the award is in effect • uses forced labor in the performance of the grant Federal Debt Status Representative certifies to the best of his or her knowledge and belief that the Subrecipient is not delinquent in the repayment of any Federal debt. 55A-23 LSTA PAGE 5 LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library CERTIFICATIONS REGARDING: NONDISCRIMINATION; DEBARMENT AND SUSPENSION; AND OTHER ASSURANCES (continued) Certification Regarding Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31 U.S.C. § 1352) (a) No Library Services and Technology Act 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 a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement, or the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (b) No Library Services and Technology Act 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 State agency, Member of the Legislature, an officer or employee of the Legislature, or an employee of a Member of the Legislature in connection with legislative action through oral or written communication with State legislative officials, or solicitation of others to influence or attempt to influence legislative action. (c) No Library Services and Technology Act or other federal funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any county, district, or city agency, in connection with legislative action through oral or written communication with officials, or solicitation of others to influence or attempt to influence legislative action. LSTA funds will not be used for costs to: • draft legislation or resolutions • travel to meetings of governmental bodies urge passage of legislation or resolutions • survey voters regarding passage and drafting of legislation or resolutions • pay governmental fees (use fees, ballot filing fees, permits, etc.) Drug -Free Workplace (a) Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government -wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). (b) This includes, but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 55A-24 LSTA PAGE 6 LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library The authorized representative also certifies that the Subrecipient or its Fiscal Agent will comply with the following: will comply with all requirements by the Federal -sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. will comply with the flood insurance purchase requirements of Section 102(a) requires, on or after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 55A-25 LSTA GRANT AWARD DOCUMENTATION Budget Citation Chapter 14, Item 6120-211-0890 LSTA Award #: 40-8787 Project Title: Youth Know: Community Social Innovation Project Subgrantee: Santa Ana Public Library Approval Date: 7/1/2017 Funding Start Date: **upon execution** Term: upon execution — end of grant period Approved Funds: $65,800 Payments: $29,610 upon execution of agreement Schedule No. $29,610 on or about October 30, 2017 Schedule No. $6,580 on completion and return of abatements Schedule No. Appropriation Encumbered (designate where applicable) For: FY 17/18 Augmentation Encumbered For: FY 17/18 Reporting Structure: 61202000 COA: 5432000 Program #: 5312 DUNS #: 083153247 The LSTA program is a federal grant from the Institute of Museum and Library Services (IMLS) Catalog Number From Catalog of Federal Domestic Assistance (CFDA) #: 45.310 IMLS FAIN: LS -00-17-0005-17 IMLS Federal Award Date: 01/18/17 (partial award) 06/13/17 (remaining award) IMLS Total Amount of the Federal Award and Obligated by this action: $15,178,758 BUDGET CATEGORY SALARIES CONSULTANT FEES TRAVEL SUPPLIES/MATERIALS EQUIPMENT SERVICES INDIRECT COSTS TOTAL APPROVED BUDGET $55,000 $400 $6,000 $4,400 ----------------- $65,800 55A-26 ATTENTION ATTACHED IS THE CLAIM FOR PAYMENT AND THE LSTA CERTIFICATION. THESE TWO FORMS MUST BE COMPLETED, SIGNED (WITH ORIGINAL SIGNATURES), AND RETURNED TO: CALIFORNIA STATE LIBRARY FISCAL OFFICE - LSTA P.O. BOX 942837 SACRAMENTO, CA 94237.0001 THESE FORMS MUST BE SUBMITTED AS SOON AS POSSIBLE TO AVOID DELAY IN RECEIVING FUNDS. YOU SHOULD RETAIN COPIES OF THE CLAIM AND THE CERTIFICATION FOR YOUR FILES. THESE ARE THE ONLY DOCUMENTS THAT NEED TO BE RETURNED AT THIS TIME. THANK YOU, Attachments 55A-27 CALIFORNIA STATE LIBRARY INVOICE #: 40-8787-001 Library Services and Technology Act FINANCIAL CLAIM 1ST PAYMENT FY: 17/18 FAIN: LS -00-17-0005-17 ITEM NO: 6120-211-0890, Chapter 14, Statutes of 2017 PURCHASING AUTHORITY NUMBER: CSL -6120 REPORTING STRUCTURE: 61202000 GOA: 5432000 PROGRAM #: 5312 SCHEDULE NO: SCHEDULE DATE: DATE: Claim of: Santa Ana Public Library Address: For: Santa Ana Public Library (Name of System or Agency) Project Title: Youth Know: Community Social Innovation Project Amount Claimed: $29,610 Grant Award Number: 40-8787 For Period From: upon execution to end of grant period Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement 7/1/2017 CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. (Signature of the ieuthorized representative) State of California, State Library Fiscal Office by date (State Library representative) MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — LSTA P.O. Box 942837 FA fz`wl LSTA GRANT AWARD # 40-8787 Project Title: Youth Know: Community Social Innovation Project System/Agency: Santa Ana Public Library PLEASE COMPLETE AND RETURN THIS PAGE CERTIFICATION I certify that I am the legally designated representative for this award and am authorized to receive and expend funds for the conduct of this program. I certify that all information provided to the California State Library for review in association with this award is and will be correct and complete to the best of my knowledge; that as the authorized representative of the grant award, I have the legal authority to commit my organization to the conditions of this award. III. 1 certify that any or all other subrecipients participating in the program have agreed to the terms of the application/grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the applicatio SIGNED �` DATE Authorized re resentative oY�aaass /11ouPr, ,,,K. � X4045, t, 2& '`rr Type or print name and title of authorized representative"" G&ouPr-,o ,04417¢,fr 66eC E-mail address of authorized representative This form, with signature, must be returned to: California State Library Fiscal Office — LSTA P.O. Office 942837 Sacramento, CA 94237-0001 55A-29 55A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE A COMMUNITY WORKFORCE AGREEMENT WITH THE LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND UNIONS; ADOPT A RESOLUTION AMENDING THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET (STRATEGIC PLAN NO. GOAL 2,4a) INTERIM CJTY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Interim City Manager and the Clerk of the Council to execute the Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions for Prime Multi -Trade Construction Contracts over $250,000 and Specialty Contracts over $100,000 for five years, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Adopt a Resolution amending the City's Annual Budget to add a position to administer the Community Workforce Agreement in the Public Works Agency. 3. Approve an Appropriation Adjustment to fund the Contract Administrator position. DISCUSSION The purpose of the Community Workforce Agreement (Agreement) is to support the efforts of the City to increase employment opportunities for workers who live in Santa Ana and to help increase training and employment opportunities for the City's students in the construction trades through apprenticeships and to promote efficiency of construction operations performed for the City of Santa Ana and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thus promoting the public interest in assuring the timely and economical completion of the projects. 5513-1 Community Workforce Agreement August 15, 2017 Page 2 The Agreement would apply to City multi -trade construction contracts that exceed $250,000 and Specialty Contracts that exceed $100,000. Contracts will be subject to competitive bidding and the requirement to pay prevailing wage. The City will retain the right to select the lowest responsive and responsible bidder. The term of this proposed Agreement is for five years from its effective date and would apply to all covered Project Work, until completed during the term of the Agreement. The Project Work covered by this Agreement includes: the demolition and construction work to be performed on City property or within easements secured by the City consisting of the construction of Public Works, pursuant to a Construction Contract entered into by the City. The Agreement also includes all construction and major rehabilitation work pursuant to "prime multi - trade construction contracts" that exceed two hundred and fifty thousand dollars ($250,000) and all subcontracts from these prime multi -trade contracts; and all prime "Specialty Contracts" that exceed one hundred thousand ($100,000) and all subcontracts from these specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. For projects covered by this Agreement, the Unions agree that they shall not incite or encourage, condone or participate in any strike, walk -out, slow -down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors, including, but not limited to, strikes of any kind and/or lock -outs. The Agreement provides for binding arbitration of grievances. Contractors working on Project Work must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the Agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine the competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employee applicants meeting such classifications from any other available source. The Unions and Contractors agree, to the extent allowable by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer a sufficient number of skilled Craft local residents and Veterans. The Agreement sets forth a goal of 30% of the total work hours shall be performed from workers residing within the City and Veterans regardless of where they reside. If there are not enough local residents to fulfill the requirements of the employers under the Agreement, the Unions shall exert there best efforts to then recruit and identify for referral local residents within Orange County. The City and Trades Council will work cooperatively to identify, or establish and maintain effective program and procedures for persons interested in entering the construction industry and 55B-2 Community Workforce Agreement August 15, 2017 Page 3 will help form a joint labor/management apprenticeship programs maintained by the signatory Unions to the Agreement. Apprentices with certain requirements may constitute up to 30% of each craft's workforce unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards established a lower or higher maximum percentage. If so, that higher percentage shall apply. In order to effectively administer the Community Workforce Agreement, the City will need to hire a Contracts Administrator. Staff has prepared a resolution (Exhibit 2) to amend the City's Basic Classification and Compensation Plan, to add the new position. Funding for Fiscal Year 2017/18 will include 8 months of salary and benefits in the amount of $89,231. Budgets in future years will reflect the full year cost of $133,847. The position will be funded 10% by the General Fund and 90% by the various grant and enterprise funds, which will increase the deficit in the budget. At this time, it is estimated that this Agreement will add an additional 10-20% for Public Work on the construction phase. The order of magnitude based on the prior two fiscal years is $2.7 million to $5.5 million, of which $270,000 to $540,000 is attributable to the General Fund, and the balance to grants and enterprise funds. This amount will vary from year to year based on the type and quantity of projects undertaken by the City Council. 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, Strategy a., Partner with the California Endowment, Santa Ana College, Chapman University, UCI, CSUF and other institutions of higher education to design career pathway programs that support priority workforce industries (retail, healthcare, manufacturing, renewable energies) that results in faster reemployment of Santa Ana residents). FISCAL IMPACT Approval of the Community Workforce Agreement for projects over $100,000 may increase total costs from ten (10) to twenty (20) percent according to recent analysis. At this time, staff has prepared the analysis for CIP projects over $250,000. Due to the citywide tracking system, it is difficult to estimate the projects between $100,000 and $250,000, however, staff estimates it to be minimal and within the range of estimation. Staff compiled a listing of Public Work related projects which totaled $250,000 or greater over the past two fiscal years: 55B-3 Community Workforce Agreement August 15, 2017 Page 4 Fiscal Year Number of Projects Completed $250,000 or greater Total 2015-16 18 $28.6M 2016-17 (projected) 19 $27.OM Utilizing the two most recently completed fiscal years may result in an increase to project costs of approximately $2.7 million to $5.4 million, of which 10% is attributable to the General Fund. Exhibit: 1. Agreement 2. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �p Executive Director Finance & Management Services Agency 55B-4 EXHIBIT 1 COMMUNITY WORKFORCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA Glff-D LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND UNIONS 55B-5 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 3 ARTICLE 2 SCOPE OF THE AGREEMENT 5 ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 8 ARTICLE 4 UNION ACCESS AND STEWARDS 12 ARTICLE 5 WAGES AND BENEFITS 13 ARTICLE 6 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS 14 ARTICLE 7 WORK STOPPAGES AND LOCKOUTS 16 ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 20 ARTICLE 9 MANAGEMENT RIGHTS 21 ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES 23 ARTICLE 11 REGULATORY COMPLIANCE 25 ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY 25 ARTICLE 13 TRAVEL AND SUBSISTENCE 26 ARTICLE 14 APPRENTICES 26 ARTICLE 15 WORKING CONDITIONS 27 ARTICLE 16 PRE -JOB CONFERENCES 28 ARTICLE 17 LABOR/MANAGEMENT COOPERATION 28 ARTICLE 18 SAVINGS AND SEPARABILITY 29 ARTICLE 19 WAIVER 29 ARTICLE 20 AMENDMENTS 29 ARTICLE 21 DURATION OF THE AGREEMENT 30 ATTACHMENT A — LETTER OF ASSENT 33 ATTACHMENT B — ZIP CODES 34 ATTACHMENT C — CRAFT REQUEST FORM 39 ATTACHMENT D — LIST OF NEUTRAL ARBITRATORS 41 Community Workforce Agreement 2 City of Santa Ana 55B-6 ATTACHMENT E— SUBSTANCE ABUSE POLICY 42 CITY OF SANTA ANA COMMUNITY WORKFORCE AGREEMENT This Community Workforce Agreement ("Agreement") is entered into effective as of 2017, by and between the City of Santa Ana, a municipal corporation ("City"), the Los Angeles/Orange Counties Building and Construction Trades Council ("Trades Council"), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the "Union" or "Unions"). This Agreement establishes the labor relations policies and procedures for the City, the Contractors awarded contracts for Project Work and for the crafts persons employed by the Contractors and represented by the Unions engaged in the Project Work as more fully described below. The City, Trades Council and Unions are hereinafter referred to herein, as the context may require, as "Party" or "Parties." It is understood by the Parties to this Agreement that for the duration of this Agreement, it shall be the policy of the City for all Project Work (as defined in Section 2.2.) to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as "Attachment A"), and to require each of its subcontractors, of whatever tier, to become so bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City. It is further understood that the City shall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all Parties, the Contractors and crafts persons working under it, and the residents of the City. The City shall therefore designate a "CWA Administrator," either from its own staff or an independent contractor, to serve as the City's liaison for Contractors and other persons; monitor compliance with this Agreement; assist, as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement. ARTICLE 1 DEFINITIONS Section 1.1 "Agreement" or "CWA" means this Community Workforce Agreement. Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards. Section 1.3 "Construction Contract" or "Construction Contracts" means any contract entered into by the City, for the construction of Project Work as specified in Section 2.2. Section 1.4 "Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and Community Workforce Agreement 559-7 City of Santa Ana which has entered into a Construction Contract with the City or any of its contractors or any of the City's or contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement. Section 1.5 "City" means the City of Santa Ana. Section 1.6 "Joint Labor/Management Apprenticeship Program" means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards. Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor(s) to adherence to all the forms, requirements and conditions of this Agreement in the form attached hereto as "Attachment A." Section 1.8 "CWA Administrator" means the City's authorized representative who will be the liaison between the City, Contractors, and the Unions; responds to inquiries about the CWA; charged with monitoring compliance with the CWA, developing and implementing programs set forth in the CWA including but not limited to grievance procedures. Section 1.9 "Project", "Project Work" or "City Project" means the demolition and construction work to be performed on City property or within easements secured by the City consisting of the construction of public works, pursuant to a Construction Contract entered into by the City Section 1.10 "Specialty Contracts" means a contract for Project Work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work (i.e. installing a toilet.) Section 1.11 "Master Labor Agreements" means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement. Section 1.12 "Subscription Agreement" means the contract between a Contractor and a Union's Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of the Master Labor Agreements. Section 1.13 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance. Community Workforce Agreement 556-8 City of Santa Ana ARTICLE 2 SCOPE OF THE AGREEMENT Section 2.1 General This Agreement shall apply to all of the City's Project Work, as defined in Section 1.9, performed by those Contractor(s) of whatever tier that have contracts awarded for such work, for the development of the City's facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation. Section 2.2 Specific Project Work covered by this Agreement is defined and limited to: 2.2.1 All construction and major rehabilitation work pursuant to "prime multi -trade construction contracts" that exceed two hundred and fifty thousand dollars ($250,000) and all subcontracts flowing from these prime multi -trade contracts; and 2.2.2 All prime "Specialty Contracts," as defined in Section 1.10 that exceed one hundred thousand ($100,000) and all subcontracts flowing from these specialty contracts; and 2.2.3 The City may, at any time and at its sole discretion, determine to build additional buildings, facilities, and other projects under this Agreement which are not otherwise covered as Project Work. 2.2.4 This Agreement is not intended to, and shall not apply to any work performed at any time prior to the effective date, or after the expiration or termination of this Agreement, except as otherwise provided herein. This Agreement shall in no way limit the City's right to terminate, modify or rescind any construction contract and/or any related subcontract or agreement. Should the City remove or terminate any contract or agreement for construction that does not fall within the scope of this Agreement and thereafter authorize that work be commenced on any contract for such construction, the contract for construction shall be performed under the terms of this Agreement. Section 2.3 Bundling of Contracts 2.3.1 The City, in its sole discretion, may seek to group (or "bundle") for bidding, contracts not meeting the threshold of Section 2.2 above. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and 2.3.2 Project Work will not be intentionally split, divided or otherwise separated for contract award purposes to avoid application of this Agreement. Section 2.4 Applicability This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement. Community Workforce Agreement 556-9 City of Santa Ana Section 2.5 Exclusions Items specifically excluded from the scope of this Agreement include the following: 2.5.1 Work of non -manual employees, including but not limited to: superintendents; teachers; supervisors (except those covered by Master Labor Agreements above the level of general foreman); staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, executive, administrative, supervisory and management employees; 2.5.2 Equipment and machinery owned or controlled and operated by the City; 2.5.3 All off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project, and the movement of materials or goods between such locations and a Project site are within the scope of this Agreement; 2.5.4 All work performed by City employees, the CWA Administrator, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub -consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the Agreement. This inclusion applies to the scope. of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control' or "quality assurance." Every Inspector performing under the wage classification of Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement or a construction contract shall be bound to all applicable requirements of the PLA. Covered Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded; 2.5.5 Any work performed near, or leading to a site of work covered by this Agreement and undertaken by state, county or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by adjacent third party landowners; and/or by the City or its Contractors (for work which is not within the scope of this Agreement); 2.5.6 Off-site maintenance of leased equipment and on-site supervision of such work; 2.5.7 Work by employees of a manufacturer or vendor supervising the work of Craft employees under this Agreement, necessary to maintain such manufacturer's or vendor's warranties or guaranty; 2.5.8 Non -construction support services contracted by the City, City consultants, the CWA Administrator, or Contractor in connection with a Project; Community Workforce Agreement 6 City of Santa Ana 55B-10 2.5.9 Laboratory work for testing. 2.5. 10 Coverage Exception This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require, bidders, contractors, or other persons or entities to enter into an agreement with one or more labor organizations. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority. Section 2.6 Awarding of Contracts for Project Work 2.6.1 The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non-existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is ready, willing, and able to execute and comply with this Agreement should such Contractor be awarded work covered by this Agreement. 2.6.2 It is agreed that all Contractors of whatever tier, who have been awarded Project Work contracts, shall be required to accept and be bound to the terms and conditions of this Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth in "Attachment A" hereto, prior to the commencement of any Project Work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance of the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the CWA Administrator and to the Trades Council before the commencement of Project Work. Section 2.7 Master Labor Agreements 2.7.1 The provisions of this Agreement, including the Master Labor Agreements as such may be changed from time -to -time and which also are incorporated herein by reference, shall apply to Project Work. This Agreement is not intended to supersede such Master Labor Agreements between any of the Employers performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such Master Labor Agreements, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Article 9 dealing with Strikes, Work Stoppages and Lock -Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. Where a subject Community Workforce Agreement 559-11 City of Santa Ana is covered by the provisions of a Master Labor Agreement and not in conflict with the provisions of this Agreement, the provisions of the Master Labor Agreement shall apply. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all parties signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicable source between this Agreement and any Master Labor Agreements for determining the wages, hours of working conditions of employees on this Project shall be resolved wider the procedures established in Article 10. 2.7.2 It is understood that this Agreement, together with the referenced Master Labor Agreements, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the appropriate Subscription Agreement, with the appropriate Craft Union prior to the subcontractor beginning work on Project Work. Section 2.8 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party not performing Project Work. Section 2.9 Other City Work Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its own account, on its property or in and around a Project site. Section 2.10 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or CWA Administrator and/or any Contractor. Section 2.11 Completed Project Work As areas of Project Work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check- out and/or warranties functions required by its contract(s) with the City under the original contract. ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT Conanunity Workforce Agreement 8 City of Santa Ana 55B-12 Section 3.1 Recognition The Contractor recognizes the Trades Council and the Unions as the sole and exclusive bargaining representative for the employees engaged in Project Work. Contractors further recognize that the Unions shall be the primary source of all craft labor employed on the Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below. Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with Section 3.3 and Section 4.3, below. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting pay required by Section 6.6; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement. Section 3.3 Referral Procedures 3.3.1 For signatory Unions now having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non- discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents on the Project, and to facilitate the ability of all Contractors to meet their employment needs. 3.3.2 The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the CWA Administrator and others designated by the City, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor. Section 3.4 Non -Discrimination in Referral, Employment, and Contracting The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national Community Workforce Agreement 559-13 City of Santa Ana origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status or disability. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City's policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work. Section 3.5 Emolovment of City Residents 3.5.1 The Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft "Local Residents" as defined herein, as well as Veterans, to fulfill the requirements of the Employers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agree to support the hiring of workers from the residents of these surrounding areas, as well as Veterans, for Project Work. Towards that end, the Unions shall exert their best efforts to encourage and provide referrals and utilization of qualified workers residing in those U. S. Postal Service zip codes which overlap all of the City of Santa Ana, as set forth in "Attachment B" attached hereto, as well as Veterans, regardless of where they reside. If the Unions cannot provide the Contractors in the attainment of a sufficient number of Veterans and Local Residents from within the first tier zip codes, the Unions shall exert their best efforts to then recruit and identify for referral Local Residents residing within Orange County. 3.5.2 A goal of 30% of the total work hours shall be performed from workers residing within the areas described in Section 3.5.1, as well as Veterans, regardless of where they reside. 3.5.3 The Unions agree to support the operation of pre -apprentice referral programs in the City. Further, the Unions agree to place on their referral roles or in their apprentice training programs, as appropriate and needed, qualified persons sent to them by designated City organizations or other organizations working with the City to increase construction industry work opportunities for City residents. Section 3.6 Requirements on Contractors To facilitate the dispatch of Local Residents and Veterans, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as "Attachment C." When Local Residents and Veterans are requested by the Employers, the Unions will refer such workers regardless of their place in the Unions' hiring halls' list and normal referral procedures. Section 3.7 Helmets to Hardhats The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of non-profit Veterans support organizations, including but not limited to, the Center for Community Workforce Agreement 10 City of Santa Ana 55B-14 Military Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term "Eligible Veteran" shall have the same meaning as the term "veteran" as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re -codified from time to time. It shall be the responsibility of each qualified applicant to provide the Unions with proof of his/her status as an Eligible Veteran. 3.7.1 The Unions and Contractors agree to coordinate with non-profit Veteran organizations, including, the Center to create and maintain an integrated database of veterans interested in working on this Project Work and of apprenticeship and employment opportunities for working on Project Work. To the extent permitted by law, the Unions will give credit to such Veterans for bona fide, provable past experience. Section 3.8 Core Employees 3.8.1 Contractors not currently signatory to a Master Labor Agreement may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site. 3.8.2 The core work force is comprised of those employees whose names appeared on the Contractor's active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade and who have been residing within Orange County for the one hundred (100) working days immediately prior to the award of Project Work to the Contractor. 3.8.3 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the CWA Administrator and the Trades Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver's license, voter registration, postal address and such governmental documentation) evidencing the core employee's qualification as a core employee to the CWA Administrator and the Trades Council, Community Workforce Agreement 5581-1 5 City of Santa Ana Section 3.9 Time for Referral If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such classification from any other available source. The Contractors shall inform the Union of any applicants hired from other sources and such applicants shall register with the appropriate hiring hall, if any, before commencing work. Section 3.10 Lack of Referral Procedure If a signatory Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. Contractors shall notify the Union of employees so hired, as set forth in Section 3.5. Section 3.11 Union Membership No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of Project Work; provided, however, that any employee who is a member of the referring Union at the time of referral shall maintain that membership in good standing while employed under this Agreement. All employees shall, however, be required to comply with the Union security provisions of the applicable Master Labor Agreement for the period during which they are performing on-site Project Work to the extent, as permitted by law, of rendering payment of the applicable monthly and working dues only, as uniformly required of all craft employees while working on the Project and represented by the applicable signatory Union. Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on Project Work; provided, however, that group and/or classification seniority in a Union's Master Labor Agreement as of the effective date of this Agreement shall be recognized for purposes of layoffs. Section 3.13 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors. Section 3.14 Out of State Workers In determining compliance with the targeted hiring goals of Section 3.5 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. ARTICLE 4 UNION ACCESS AND STEWARDS Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives shall notify the person charged with on-site project supervision and fully comply with posted visitor, security and safety rules. Community Workforce Agreement 12 City of Santa Ana 55B-16 Section 4.2 Stewards 4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non -working stewards. Stewards will receive the regular rate of pay for their respective crafts. 4.2.2 In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. Each steward should be concerned only with the employees of the steward's Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties. 4.2.3 When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. 4.2.4 The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. Section 4.3 Steward Layoff/Discharge Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given. ARTICLE 5 WAGES AND BENEFITS Section 5.1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. This Agreement does not relieve Contractors directly signatory to a Master Labor Agreement with one of the Unions signing this Agreement from paying all of the wages set forth in such Agreements. Community Workforce Agreement 556-17 City of Santa Ana Section 5.2 Benefits 5.2.1 Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all employee— authorized deductions in the amounts designated in the appropriate Master Labor Agreement, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. This Agreement does not relieve Contractors directly signatory to one or more of the Master Labor Agreements from malting all contributions set forth in those Master Labor Agreements without reference to the foregoing. 5.2.2 The Contractor adopts and agrees to be bound by the written terns of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. 5.2.3 Each Contractor and subcontractor is required to certify to the CWA Administrator that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the CWA Administrator, the CWA Administrator shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the City or the prime Contractor to withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed. Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination. ARTICLE 6 HOURS OF WORK OVERTIME. SHIFTS AND HOLIDAYS Section 6.1 Hours of Work Eight (8) hours per day between the hours of 6:00 a.m. and 5:30 p.m., plus one-half ('/z) hour unpaid lunch approximately mid -way through the shift, shall constitute the standard work day. Forty (40) hours per week shall constitute a regular week's work. The work week will start on Sunday and conclude on Saturday. The foregoing provisions of this Article are applicable unless otherwise provided in the applicable prevailing wage determination, or unless changes are permitted by law and such are agreed upon by the Parties. Nothing herein shall be construed as guaranteeing any employee eight (8) hours per day or forty (40) hours per week, or a Monday through Friday standard work schedule. Section 6.2 Place of Work Employees shall be at their place of work (as designated by the Contractor), at the starting time and shall remain at their place of work, performing their assigned functions, until quitting time. The place of work is defined as the gang or tool box or Community Workforce Agreement 14 City of Santa Ana 55B-18 equipment at the employee's assigned work location or the place where the foreman gives instructions. The Parties reaffirm their policy of a fair day's work for a fair day's wage. Except as provided in Section 6.6, there shall be no pay for time not worked unless the employee is otherwise engaged at the direction of the Contractor. Section 6.3 Overtime Overtime shall be paid in accordance with the requirements of the applicable prevailing wage determination. There shall be no restriction on the Contractor's scheduling of overtime or the nondiscriminatory designation of employees who will work overtime. There shall be no pyramiding of overtime (payment of more than one form of overtime compensation for the same hour) under any circumstances. Section 6.4 Shifts and Alternate Work Schedules 6.4.1 Alternate starting and quitting time and/or shift work may be performed at the option of the Contractor upon three (3) days' prior notice to the affected Union(s), unless a shorter notice period is provided for in the applicable Master Labor Agreement If two shifts are worked, each shall consist of eight (8) hours of continuous work exclusive of a one-half (%z) hour non -paid lunch period, for eight (8) hours pay. The last shift shall start on or before 6:00 p.m. The first shift starting at or after 6:00 a.m. is designated as the first shift, with the second shift following. 6.4.2 Contractors, the Trades Council and the Union recognize the economic impact upon the City and City residents of the Project being undertaken by the City and agree that all Parties to this Agreement desire and intend Project Work to be undertaken in a cost efficient and effective manner to the highest standard of quality and craftsmanship. Recognizing the economic conditions, the Parties agree that, except to the extent permitted by law, employees performing Project Work shall not be entitled to any differentials or additional pay based upon the shift or work schedule of the employees. hrstead, all employees working on Project Work shall be paid at the same base rate regardless of shift or work schedule worked. 6.4.3 Because of operational necessities, the second shift may, at the City's direction, be scheduled without the preceding shift having been worked. It is recognized that the City's operations and/or mitigation obligations may require restructuring of normal work schedules. Except in an emergency or when specified in the City's bid specification, the Contractor shall give affected Union(s) at least three (3) days' notice of such schedule changes. Section 6.5 Holidays Recognized holidays for Project Work shall be those set forth and governed by the prevailing wage determination(s) applicable to such Project Work. Section 6.6 Show -up Pay 6.6.1 Except as otherwise required by State law, Employees reporting for work and for whom no work is provided, except when given prior notification not to report to work, shall receive two (2) hours pay at the regular straight time hourly rate. Employees who are directed to start work shall receive four (4) hours of pay at the regular straight time hourly rate. Employees who work beyond four (4) hours shall be paid for actual hours worked. Whenever reporting pay Community Workforce Agreement 5 5 E 19 City of Santa Ana is provided for employees, they will be required to remain at the Project Site and available for work for such time as they receive pay, unless released earlier by the principal supervisor of the Contractor(s) or his/her designated representative. Each employee shall furnish his/her Contractor with his/her current address and telephone number, and shall promptly report any changes to the Contractor. 6.6.2 An employee called out to work outside of his/her shift shall receive a minimum of two (2) hours pay at the appropriate rate. This does not apply to time worked as an extension of (before or after) the employee's normal shift. 6.6.3 When an employee leaves the job or work location of his/her own volition, or is discharged for cause or is not working as a result of the Contractor's invocation of Section 12.3, the employee shall only be paid for actual time worked. Section 6.7 Meal Periods The Contractor will schedule a meal period of no more than one- half hour duration at the work location at approximately mid -point of the schedule shift; provided, however, that the Contractor may, for efficiency of the operation, establish a schedule which coordinates the meal periods of two or more crafts. An employee may be required to work through his meal period because of an emergency or a threat to life or property, or for such other reasons as are in the applicable Master Labor Agreement, and if he is so required, he shall be compensated in the manner established in the applicable Master Labor Agreement. Section 6.8 Make-up Days To the extent permitted by the applicable general wage determination, when an employee has been prevented from working for reasons beyond the control of the employer, including, but not limited to inclement weather or other natural causes, during the regularly scheduled work week, a make-up day may be worked on a non -regularly scheduled work day for which an employee shall receive eight (8) hours pay at the straight time rate of pay or any premium rate required for such hours under the state prevailing wage law. ARTICLE 7 WORK STOPPAGES AND LOCK -OUTS Section 7.1 No Work Stoppages or Disruptive Activity The Trades Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk -out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Trades Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible. Community Workforce Agreement 16 City of Santa Ana 55B-20 Section 7.2 Employee Violations The Contractor may discharge any employee violating Section 7.1 above and any such employee will not be eligible for rehire under this Agreement. Section 7.3 Standing to Enforce The City, the CWA Administrator, or any Contractor affected by an alleged violation of Section 7.1 shall have standing and the right to enforce the obligations established therein. Section 7.4 Expiration of Master Labor Agreement If the Master Labor Agreement, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 7.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected: 7.4.1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union's interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Orange County. 7.4.2 Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new Master Labor Agreement, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an ariount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees. 7.4.3 Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph 7.4.1 and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in Community Workforce Agreement 556-21 City of Santa Ana writing its specific offer of terms of the interim agreement pursuant to paragraph 7.41, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected the provisions of 7.4.2. Section 7.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock -out of employees with respect to Project Work during the term of this Agreement. The term "lock -out" refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does "lock -out" include the City's decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason. Section 7.6 Best Efforts to End Violations 7.6.1 If a Contractor contends that there is any violation of this Article or Section 8.3, it shall notify, in writing, the Executive Secretary of the Trades Council, the Senior Executive of the involved Union(s) and the CWA Administrator. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article. 7.6.2 If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the CWA Administrator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 7.8. The CWA Administrator shall promptly order the involved Contractor(s) to cease any violation of the Article. Section 7.7 Withholding of services for failure to pap wages and fringe benefits 7.7.1 Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who: (a) fails to timely pay its weekly payroll; or (b) fails to make timely payments to the Union's Joint Labor/Management Trust Funds in accordance with the provisions of the applicable Master Labor Agreements. Prior to withholding its members' services for the Contractor's failure to make timely payments to the Union's Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union's Master Labor Agreement, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute. 7.7.2 Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work. Community Workforce Agreement 18 City of Santa Ana 55B-22 Section 7.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, or the CWA Administrator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or Section 8.3 is alleged. 7.8.1 The Party invoking this procedure shall notify Fred Horowitz, or Louis Zigman, who have been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrators under this procedure. If the permanent arbitrators are unavailable at any time, any one of the permanent Arbitrators who is notified shall appoint his alternate to hear the matter. Expenses incurred in arbitration shall be borne equally by the Parties involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Trades Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt. 7.8.2 Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 7.6, as above. 7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator. 7.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 7.1 or 7.5, above, or Section 8.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance. 7.8.5 Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not Community Workforce Agreement 556-23 City of Santa Ana waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation. 7.8.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue. 7.8.7 The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties. ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES Section 8.1 Assignment of Work The assignment of Project Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan. Section 8.2 The Plan All jurisdictional disputes on Project Work between or among the building and construction trades Unions and the Employers patties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement. 8.2.1 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator's hearing on the dispute shall be held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan. Section 8.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Employer's assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge. Section 8.4 Pre -Job Conferences As provided in Article 16, each Contractor will conduct a pre -job conference with the appropriate affected Union(s) prior to commencing work. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. Community Workforce Agreement 20 City of Santa Ana 55B-24 Section 8.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand -billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 7 above. ARTICLE 9 MANAGEMENT RIGHTS Section 9.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLAO In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to: (a) Plan, direct and control operations of all work; (b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; (d) Discharge, suspend or discipline their own employees for just cause; (e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and (f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreement (s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner. Section 9.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City's rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to: (a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; Community Workforce Agreement 556-25 City of Santa Ana (b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location; (c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City's Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the CWA Administrator, and the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not'to report for work, show - up pay shall be due pursuant to the provision of Article 6, Section 6.6); (d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and (e) Investigate and process complaints, through the CWA Administrator, in the matter set forth in Articles 7 and 10. Section 9.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law. The onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. Section 9.4 Special Equipment, Warranties and Guaranties 9.4.1 It is recognized that certain equipment of a highly technical and specialized nature may be installed at Project Work sites. The nature of the equipment, together with the requirements for manufacturer's warranties, may dictate that it be prefabricated pre -piped and/or pre -wired and that it be installed under the supervision and direction of the City's and/or manufacturer's personnel. The Unions agree to install such equipment without incident. 9.4.2 The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor -savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction. Community Workforce Agreement 22 City of Santa Ana 55B-26 9.4.3 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre -assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10. Section 9.5 No Less Favorable Treatment The parties agree that Project Work will not receive less favorable treatment than that on any other project which the Unions, Contractors and employees work. ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES Section 10.1 Cooperation and Harmony on Site 10.1.1 This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the CWA Administrator, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages. 10.1.2 The CWA Administrator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8. 10.1.3 The CWA Administrator shall oversee the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met. Section 10.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures. Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall Community Workforce Agreement 559-27 City of Santa Ana meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non - precedential except as to the parties directly involved. Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee complaint. Step 2. The business manager of the involved Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the CWA Administrator, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2. Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union of Contractor Party may request in writing to the CWA Administrator (with copy(ies) to the other Party(ies) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list in "Attachment (D)" attached hereto, on a rotational basis in the order listed. The CWA Administrator shall notify the parties to the grievance of the date, time and location of the hearing. The failure of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator. The decision of the arbitrator shall be final and binding on all parties. Should any party seek confirmation of the award made by the arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs. (b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement. (c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved. Section 10.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee Community Workforce Agreement 24 City of Santa Ana 55B-28 discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation. Section 10.4 Notice The CWA Administrator (and the City, in the case of any grievance regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the CWA Administrator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps. ARTICLE 11 REGULATORY COMPLIANCE Section 11.1 Compliance with All Laws The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City, the CWA Administrator or the Contractor. Employees must promptly report any injuries or accidents to a supervisor. Section 11.2 Prevailing Wage Compliance All Contractors shall comply with the state laws and regulations, as well as Santa Ana Municipal Code section 33-206 on prevailing wages. Compliance with this obligation may be enforced by the appropriate parties through Article 10 above, or by pursing the remedies available under state law through the Labor Commissioner or the Department of Industrial Relations. Section 11.3 Violations of Law Should there be a finding by a Court or administrative tribunal of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the City, upon notice to the Contractor that it or its subcontractors is in such violation (including any finding of non-compliance with the California prevailing wage obligations as enforced pursuant to DIR regulations), the City, and in the absence of the Contractor or subcontractor remedying such violation, may take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY Section 12.1 Safety 12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City or the Contractor, whichever is most restrictive shall apply. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City. 12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These rules will be published and posted. An employee's failure Community Workforce Agreement 55E�- 29 City of Santa Ana to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge. 12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment "E," which shall be the policy and procedure utilized under this Agreement. Section 12.2 Suspension of Work for Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employees will be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basic hourly rate of pay. Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all employees as required by state law or regulation. ARTICLE 13 TRAVEL AND SUBSISTENCE Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless superseded by the applicable prevailing wage determination. ARTICLE 14 APPRENTICES Section 14.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs. The City and the Trades Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions. Section 14.2 Use of Apprentices 14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft's work force (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards ("DAS"), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union Community Workforce Agreement 26 City of Santa Ana 55B-30 will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project. 14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the CWA Administrator will work with the Trades Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons. 14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice's progress through the program in which he is participating. 14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman's qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker's qualification as a journeyman to the Trades Council. ARTICLE 15 WORKING CONDITIONS Section 15.1 Meal and Rest Periods There will be no non -working times established during working hours except as may be required by applicable state law or regulations. Meal periods and Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will be permitted at the employees' work location; however, there will be no organized coffee breaks. Section 15.2 Work Rules The City, the CWA Administrator, and/or relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this Agreement. These rules will be posted at the work sites by the Contractor and may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be grounds for discipline up to and including discharge. Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the emergency use of any tools by any qualified employee or supervisor, or on the use of any tools or equipment for the performance of work within the jurisdiction, provided the employee can safely use the tools and/or equipment involved and is compliance with applicable governmental rules and regulations. Community Workforce Agreement 5M-31 City of Santa Ana Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted on the site, employee access by a private automobile may be limited to certain roads and/or parking areas. ARTICLE 16 PRE -JOB CONFERENCES Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre -Job conference with the appropriate affected Union(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre -Job conference. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre -Job conference in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall have available at the Pre -Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included within the scope of the Project Work be added, the Contractors performing such work will conduct a separate pre -job for such newly included work. ARTICLE 17 LABOR/MANAGEMENT COOPERATION Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the dollar threshold specified in Section 2.2(a) and the term of this Agreement under Section 22. 1, when doing so would be to the mutual benefit of the Parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum will consist of at least two (2) representatives selected by the City and at least two (2) representatives selected by the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum. Section 17.2 Functions of Joint Committee The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall be given to the Committee members at least three (3) days prior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a schedule of Project Work and estimated Community Workforce Agreement 28 City of Santa Ana 55B-32 number of craft workers needed. The Committee or an appropriate subcommittee, may review such reports and make any recommendations for improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who should be assisted with appropriate training to qualify for apprenticeship programs. ARTICLE 18 SAVINGS AND SEPARABILITY Section 18.1 Savings Clause It is not the intention of the City, the CWA Administrator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provisions) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work. Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and the fact on covered Project Work to the maximum extent legally possible. ARTICLE 19 WAIVER A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder. ARTICLE 20 AMENDMENTS Community Workforce Agreement 558? -33 City of Santa Ana The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern. ARTICLE 21 DURATION OF THE AGREEMENT Section 21.1 Duration 21.1.1 This Agreement shall be effective from the date signed by all Parties and shall remain in effect for an initial period of five (5) years. Any covered Project Work awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the expiration date of this Agreement. 21.1.2 This Agreement may be extended by written mutual consent of the City, as directed by the City Council and the signatory Unions for such further periods as the Parties shall agree to. Section 22.2 Turnover and Final Acceptance of Completed Work 22.2.1 Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction -tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City. 22.2.2 Notice of each final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a "punch" list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any "punch" list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise turned -over and completed facilities which have been accepted by the City, will be available from the CWA Administrator. [This section intentionally left blank] Community Workforce Agreement 30 City of Seita Ana 55B-34 IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated. CITY OF SANTA ANA LOS ANGELES/ORANGE COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL im Mayor ATTEST: By: Maria D. Huizar Clerk of Council APPROVED AS TO FORM: (List, Sonia R. Carvalho `6� City Attorney Community Workforce Agreement 0 31 55B-35 Ron Miller Executive Secretary City of Santa Ann LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS Asbestos Heat & Frost Insulators (Local 5) Boilennakers (Local 92) Bricklayers & Allied Craftworkers (Local 4) Cement Masons (Local 500) District Council of Laborers Electricians (Local 441) Elevator Constructors (Local 18) Gunite Workers (Local 345) Iron Workers (Reinforced -- Local 416) Iron Workers (Structural — Local 433) Laborers (Local 300) (remediation) Laborers (Local 652) Operating Engineers (Local 12) Operating Engineers (Local 12) Operating Engineers (Local 12) Painters & Allied Trades DC 36 Pipe Trades (Local 250) Pipe Trades (Loral 345) Pipe Trades (Plumbers/Fitters Local 582) Pipe Trades (Sprinkler Fitters Local 709) Plasterers (Local 200) Plaster Tenders Local (1414) Roofers & Waterproofers (Local 220) Sheet Metal Workers (Local 105) Teamsters (Local 952) Southwest Regional Council of Carpenters Community Workforce Agreement 32 City of Santa Ana 55B-36 ATTACHMENT A — LETTER OF ASSENT To be signed by all contractors awarded work covered by the City of Santa Ana Community Workforce Agreement prior to commencing work. [Contractor's Letterhead] CWA Administrator City of Santa Ana 1234 address City, state, zip code Attn: Re: Community Workforce Agreement - Letter of Assent Dear Sir: This is to confirm that [name of company] agrees to be party to and bound by the City of Santa Ana Community Workforce Agreement effective , 2017, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work. Sincerely. [Name of Construction Company] By: [ ] Name and Title of Authorized Executive Contractor State License No.: [Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6 (b).] 6/28/2016 Draft PLA 555-37 5x933% City of Santa Ana ATTACHMENT B FIRST TIER ZIP CODES (CITY BOUNDARY) *Some Zip Codes shared with neighboring cities 92701 92702 92703 92704 92705 92706 92707 92711 92712 92725 92735 92799 *92866 *92868 6/28/2016 Draft PLA 34 City of Santa Ana 55B-38 ATTACHMENT B — Continued SECOND TIER ZIP CODES REMAINDER OF ORANGE COUNTY, Zip Code City 90620 Buena Park 90621 Buena Park 90622 Buena Park 90623 La Palma 90624 Buena Park 90630 Cypress 90631 La Habra 90632 La Habra 90633 La Habra 90680 Stanton 90720 Los Alamitos 90721 Los Alamitos 90740 Seal Beach 90742 Sunset Beach 90743 Surfside 92602 Irvine 92603 Irvine 92604 Irvine 92605 Huntington Beach 92606 Irvine 92607 Laguna Niguel 92609 EI Toro 92610 Foothill Ranch 92612 Irvine 92614 Irvine 92615 Huntington Beach 92616 Irvine 92617 Irvine 92618 Irvine 92619 Irvine 92620 Irvine 92623 Irvine 92624 Capistrano Beach 92625 Corona Del Mar 92626 Costa Mesa 92627 Costa Mesa 92628 Costa Mesa 6/28/2016 Draft PLA 559-39 City of Santa Ana 92629 Dana Point 92630 Lake Forest 92637 Laguna Woods 92646 Huntington Beach 92647 Huntington Beach 92648 Huntington Beach 92649 Huntington Beach 92650 East Irvine 92651 Laguna Beach 92652 Laguna Beach 92653 Laguna Hills 92654 Laguna Hills 92655 Midway City 92656 Aliso Viejo 92657 Newport Coast 92658 Newport Beach 92659 Newport Beach 92660 Newport Beach 92661 Newport Beach 92662 Newport Beach 92663 Newport Beach 92672 San Clemente 92673 San Clemente 92674 San Clemente 92675 San Juan Capistrano 92676 Silverado 92677 Laguna Niguel 92678 Trabuco Canyon 92679 Trabuco Canyon 92683 Westminster 92684 Westminster 92685 Westminster 92688 Rancho Santa Margarita 92690 Mission Viejo 92691 Mission Viejo 92692 Mission Viejo 92693 San Juan Capistrano 92694 Ladera Ranch 92697 Irvine 92698 Aliso Viejo 92708 Fountain Valley 92709 Irvine 92710 Irvine 92728 Fountain Valley 92780 Tustin 92781 Tustin 6/28/2016 Draft PLA 36 City of Santa Ana 55B-40 92782 Tustin 92801 Anaheim 92802 Anaheim 92803 Anaheim 92804 Anaheim 92805 Anaheim 92806 Anaheim 92807 Anaheim 92808 Anaheim 92809 Anaheim 92811 Atwood 92812 Anaheim 92814 Anaheim 92815 Anaheim 92816 Anaheim 92817 Anaheim 2821 Brea 92822 Brea 92823 Brea 92825 Anaheim 92831 Fullerton 92832 Fullerton 92833 Fullerton 92834 Fullerton 92835 Fullerton 92836 Fullerton 92837 Fullerton 92838 Fullerton 92840 Garden Grove 92841 Garden Grove 92842 Garden Grove 92843 Garden Grove 92844 Garden Grove 92845 Garden Grove 92846 Garden Grove 92850 Anaheim 92856 Orange 92857 Orange 92859 Orange 92861 Villa Park 92862 Orange 92863 Orange 92864 Orange 92865 Orange 92866 Orange 92867 Orange 6/28/2016 Draft PLA 5M-41 City of Santa Ana 92868 92869 92870 92871 92885 92886 92887 92899 Orange Orange Placentia Placentia Yorba Linda Yorba Linda Yorba Linda Anaheim 6/28/2016 Draft PLA 38 City of Santa Ana 55B-42 ATTACHMENT C CITY OF SANTA ANA CRAFT REQUEST FORM TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records. The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall be from Veterans, regardless of where they reside, and workers residing: First, in those first tier zip codes which overlap all of the City of Santa Ana, as attached hereto, second residing within Orange County, For Dispatch purposes, employees residing within either of these two (2) areas, as well as Veterans, regardless of where they reside, shall be referred to as Local Residents. TO THE UNION: Please complete the "Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records. CONTRACTOR USE ONLY To: Union Local # Fax# Cc: CWA Administrator From: Company: Contact Phone:( ) Issued By: Contact Fax: Date: PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS. Please have worker(s) report to the following work address indicated below: Project Name: Report to: _ Comment or Special Instructions: Site: On-site Tel: Address: On-site Fax: 6/28/2016 Draft PLA 5M-43 City of Santa Ana Local Resident, Number Craft Classification Journeyman Veteran of ( i.e., plumber, painter, or or workers Report Date Report Time etc.) Apprentice General Dispatch needed TOTAL WORKERS REQUESTED = Please have worker(s) report to the following work address indicated below: Project Name: Report to: _ Comment or Special Instructions: Site: On-site Tel: Address: On-site Fax: 6/28/2016 Draft PLA 5M-43 City of Santa Ana Date dispatch request received: Dispatch received by: Classification of worker requested: Classification of worker dispatched: UNION USE ONLY WORKER REFERRED Name: Date worker was dispatched: Is the worker referred a: (check all that apply) JOURNEYMAN Yes No APPRENTICE Yes No LOCAL RESIDENT Yes No VETERAN Yes No GENERAL DISPATCH FROM OUT OF WORK LIST Yes No 6/28/2016 Draft PLA 40 City of Santa Ana 55B-44 m-MIXOMOVIALVE7 List of Neutral Arbitrators Mark Burstein Walter Daugherty Fred Horowitz Michael Prihar Louis Zigman 6/28/2016 Draft PLA 559-45 City of Santa Ana ATTACHMENT "E" SUBSTANCE ABUSE POLICY The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing. 1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer's job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement ("CWA"). 2. No Employer may implement a drug testing program which does not conform in all respects to the provisions of this Policy. 3. No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the PLA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of the PLA, and the Employer may not implement any form of drug testing at such jobsite for the following six months. 4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project. The following procedure shall apply to all drug testing: a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be 6/28/2016 Draft PLA 42 City of Santa Ana 55B-46 permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Employer and the Union. C. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant's or employee's expense. In the event of conflicting test results the Employer may require a third test. e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions: 1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove. 2. The Employer may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove. 3. The Employer may test an employee where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. 6/28/2016 Draft PLA 559-47 City of Santa Ana Reasonable cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union's bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer's payroll. g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees. 6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions: a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project; C. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees; d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove. e. Only two periodic tests may be performed in a twelve month period. 7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Employer to remove the employee from the jobsite. 8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the PLA. 9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found 6/28/2016 Draft PLA 44 City of Santa Ana 55B-48 unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision. 10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee's expense. When such program has been successfully completed the Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated. 11. The Employer agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Employer representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion. 12. The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder. 13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties. 6/28/2016 Draft PLA 55 E�— 49 City of Santa Ana DRUG Alcohol Amphetamines Barbiturates Benzodiazepines Cocaine Methadone Methaqualone Opiates PCP (Phencyclidine) THC (Marijuana) Propoxyphene DRUG ABUSE PREVENTION AND DETECTION APPENDIX A CUTOFF LEVELS SCREENING SCREENING CONFIRMATION CONFIRMATION METHOD LEVEL** METHOD LEVEL EMIT EMIT EMIT EMIT EMIT EMIT EMIT EMIT EMIT EMIT EMIT * SAMHSA specified threshold 0.02% 1000 ng/m* 300 ng/ml 300 ng/ml 300 ng/ml* 300 ng/ml 300 ng/ml 2000 ng/ml* 25 ng/ml* 50 ng/ml* 300 ng/ml CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS CG/MS 0.02% 500 ng/ml* 200 ng/ml 300 ng/ml 150 ng/ml* 100 ng/ml 300 ng/ml 2000 ng/ml* 25 ng/ml* 15 ng/ml* 100 ng/ml * A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level. EMIT - Enzyme Immunoassay CC/MS - Gas Chromatography/Mass Spectrometry 6/28/2016 Draft PLA 46 City of Santa Ana 55B-50 SIDE LETTER OF AGREEMENT TESTING POLICY FOR DRUG ABUSE It is hereby agreed between the parties hereto that an Employer who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This "quick" screen test shall consist either of the "ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two "quick" screen tests, or to reject both and request a full drug test. An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the "quick" screen test. 6/28/2016 Draft PLA 55E 7-51 City of Santa. Ana 55B-52 jmf 8-9-17 EXHIBIT 2 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD A CONTRACTS ADMINISTRATOR POSITION IN THE PUBLIC WORKS AGENCY 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. On July 5, 2017, the City Council passed and adopted Ordinance No. NS - 2919, establishing the City's Budget and authorizing position allocations for Fiscal Year 2017-2018. The Ordinance sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. The Executive Director of the Public Works Agency proposes adding one full-time position, Contracts Administrator, to the Public Works Agency budget as a representative who will be the liaison between the City, Contractors, and the Unions and will respond to inquiries, monitor compliance, develop and implement programs. C. It is now desired to amend the Budget for Fiscal Year 2017-2018 in order to effect this change, as shown below. Section 2. Ordinance No. NS -2919, the Annual Budget for Fiscal Year 2017- 2018, shall be amended by adding the full time position of Contracts Administrator in the Public Works Agency, at the monthly seven -step salary rate range as indicated: 7 -Step Salary Rate Range Effective 07/01/16 Monthly Salary Classification Title SSR Minimum -Maximum Contracts Administrator 655 $5114 - $6852 Section 3. All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 4. Except as amended by this Resolution, all other provisions of Ordinance No. NS -2919 setting forth the Annual Budget for Fiscal Year 2017-18 shall remain in full force and effect. Resolution 2017 -XXX Page 1 of 2 55B-53 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 151 day of August, 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: � U. John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original Resolution adopted by the City Council of the City of Santa Ana on August 15, 2017. Date: 55B-54 Clerk of the Council City of Santa Ana Resolution 2017 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 IIlr9:�l APPROPRIATION ADJUSTMENT AND RESOLUTION AMENDING THE FY 2017-18 JAIL OPERATIONS BUDGET (STRATEGIC PLAN NO. 1, 4A) CITI�' fuIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $10,217,316 for ten months of additional Jail Operations related revenues and appropriating $5,924,910 to Jail Operations expenditure accounts and appropriating $4,292,406 to the Reserve Appropriation for deficit reduction. 2. Adopt a resolution amending the FY 2017-18 Jail Operations budget to add 13 additional full-time positions to continue Jail housing operations through June 30, 2018. DISCUSSION On June 22, 2017, the Police Department met with representatives from the US Marshal's (USM) to discuss their need for additional bed space. Significant renovations are taking place at the Bureau of Prisons (BOP) Metropolitan Detention Center (MDC) in Los Angeles, which affects their ability to house inmates. The renovation work is scheduled to begin in late September 2017 and anticipated to be completed in August 2019. The USM have requested immediate approval to transfer inmates to the Santa Ana Jail under the existing terms of their agreement with the City at the current rate of $105/day. At their August 1, 2017 Council Meeting, the City Council approved terms and conditions of the US Marshal's proposal for an additional 173 beds for a two year period and directed staff to return on August 15, 2017 with the necessary budget and staffing plan. The recommended actions, including an appropriation adjustment and resolution, will appropriate the needed funding 55C-1 Jail Appropriation Adjustment and Resolution August 15, 2017 Page 2 and allocate the 13 additional full-time positions needed to accommodate the US Marshal's request for additional bed space. Under the proposal, an estimated 138 inmates would arrive on or after September 1, 2017, followed by an additional 35 inmates over the following three months. The estimated new revenue from these inmates is $5,181,750 for the remainder of the Fiscal Year 2017-18. In addition, the USM general population has increased, as allowed under their current agreement with the City, by an average of 75 inmates and is projected to generate an additional $2,874,375 for the fiscal year. Between the proposal for additional bed space to accommodate the USM construction needs and the additional general population that has been housed at the Santa Ana Jail, the estimated revenue from these inmates is $8,056,125 for FY 2017-18. An additional $2,586,500 in various Jail related revenue will also be generated as a result continuing the Jail housing operation until June 30, 2018, as opposed to converting the Jail to a holding facility effective January 1, 2018. The total additional Jail revenue projected is $10,217,316. In order to accommodate the USM request and the increase in general population inmates, the Jail Operations budget will be increased by $5,924,910. The appropriation adjustment includes funding for 13 additional full-time positions, 25 part-time positions, overtime, and operating costs related to meals, contract services, and laundry. The costs are allocated to the following areas: Personnel (3,180,053), Contractual (2,632,139), and Commodities/Fixed Charges ($112,719). The addition of these positions will return staffing closer to Fiscal Year 2015/16 levels when the jail had a higher average daily population. In contrast, the FY 2016/17 staffing levels reflected the decrease in Immigrations and Customs Enforcement inmate population. The resolution will amend the FY 2017-18 Jail Operations budget to add 13 additional full-time Jail positions, including ten Correctional Officers, two Correctional Supervisors, and one Correctional Manager, needed to manage the additional US Marshal's inmates. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (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 The appropriation adjustment will recognize $10,217,316 in additional Jail Operations related revenues in the Police Department Jail Facility Rental revenue account (no. 01114002-57460) 55C-2 Jail Appropriation Adjustment and Resolution August 15, 2017 Page 3 and appropriate $5,924,910 to the Jail Operations expenditure accounts (nos.01 11 4475 -various), and appropriate $4,292,406 to the Reserve Appropriation for deficit reduction. David -Valentin Acting Chief of Police Santa Ana Police Department Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 55C-3 55C-4 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD THIRTEEN FULL TIME CORRECTIONAL POSITIONS IN THE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On July 5, 2017, the City Council passed and adopted Ordinance No. NS -2919, establishing the City's Budget and authorizing position allocations for Fiscal Year 2017-2018. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C. On August 1, 2017, the City Council approved a proposal to provide an additional 173 beds to the U.S. Marshal's Service to house inmates. D. To assist the City in meeting Santa Ana Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), the Police Chief recommends adding thirteen (13) full time positions to the Police Department's budget and to the City's classification and compensation plan to the accommodate the U.S. Marshal's request for additional bed space and manage the additional inmates, The positions will include ten Correctional Officers, two Correctional Supervisors, and one Correctional Manager (AM). E. It is now desired to amend the Adopted Budget Resolution No. 2017-026 for Fiscal Year 2017-2018, as amended, to effect these changes, Section 2: That Ordinance No. NS -2919, the Annual Budget for Fiscal Year 2017-2018, as amended, shall be further amended by adding thirteen (13) full time positions in the Police Department, at the monthly five-step salary rate range as indicated: Resolution No. 2017-xxx Pagel of 3 55C-5 5 -Step Salary Rate -Range Effective 07/01/17 Monthly Salary Classification Title SRR Minimum - Maximum Correctional Officer 653 Correctional Supervisor 702 $5051 - $6140 $6415 - $7799 5 -Step Salary Rate Range Effective 07/01/16 Monthly Salary Classification Title SRR Minimum - Maximum Correctional Manager (AM) 737 $8094 - $9840 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2919 setting forth the Annual Budget for Fiscal Year 2017-2018, as amended, shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of August, 2017, Miguel A, Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho CitAttorney Assistant AYES: Attorney Resolution No. 2017-xxx Page 2 of 3 Councilmembers 55C-6 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. 2017_ to be the original resolution adopted by the City Council of the City of Santa Ana on August 15, 2017, Date: 55C-7 Clerk of the Council City of Santa Ana Resolution No. 2017-xxx Page 3 of 3 55C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2017 TITLE: APPROVED APPROVE AN AMENDMENT TO FISCAL ❑ As Recommended YEAR 2017/18 SEVEN-YEAR CIP TO E] INCLUDE PARK PROJECTS IN THE ElOOrrdinance on ts� Reading El ❑ Ordinance on 2ndReading AMOUNT OF $2 MILLION FROM ❑ Implementing Resolution COMMUNITY DEVELOPMENT BLOCK ❑ Set Public Hearing For GRANT FUNDS {STRATEGIC PLAN NO. 5, 4A} 1NTE50 CITY MANAG RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve an amendment to the Fiscal Year 2017/18 Seven -Year Capital Improvement Program to include the following park projects in the amount of $2,000,000 from Community Development Block Grant funds: • Centennial Park security lighting in the amount of $450,000 • Centennial Park walkway improvements in the amount of $430,000 • Thornton Park parking lot renovation in the amount of $220,000 • Birch Park fence installation in the amount of $120,000- • Santa Ana Senior Center HVAC system upgrade in the amount of $70,000 • Saddleback View Park security lighting in the amount of $200,000 • Madison, Windsor, Jerome, Chepa's, Santa Anita, and Memorial Parks security cameras in the amount of $510,000 YOUTH, EDUCATION, AND COMMUNITY SERVICES COUNCIL COMMITTEE On June 24, 2017, the projects proposed for funding by the Bristol sale were presented and discussed at the Youth, Education & Community Services City Council Committee. The committee concurred with moving the projects forward for City Council consideration. A list of each project is included in Exhibit 1. DISCUSSION On October 20, 2015, the City Council authorized the sale of Community Development Block Grant (CDBG) real property located at 1232 S Bristol Street in the amount of $2,000,000 for private development. The City received the $2,000,000 from the sale of the property in May 2017, 65A-1 Use of CDBG Funds for Park Projects August 15, 2017 Page 2 at the close of escrow, once building permits for the development were approved. These funds must be used for projects that meet federal CDBG eligibility requirements. Staff reviewed priority projects and recommends programing the funds to the CDBG eligible projects listed in Exhibit 1. With limited funding and resources available, the Parks Recreation and Community Services Agency has criteria to identify and prioritize projects. The criteria, in order of priority, incudes: 1) safety, 2) deferred maintenance, and 3) opportunities to add park recreational open space. Park projects are usually funded by grants and CDBG funds. These funds are leveraged by park acquisition and development funds, and cell tower revenue. An earlier list of CDBG eligible projects also included a skate park. Due to the cost and need for security cameras, it was not possible to fund the full list of possible projects. In following the established criteria referenced above, staff recommends the cameras be approved. Staff will continue to seek funding for a skate park to be added as resources become available. The use of CDBG funds for the projects requires a Substantial Amendment to the City of Santa Ana Annual Action Plan, a 30 -day public comment period, a public hearing, and City Council approval. The following is a tentative timeline of the approval process for the projects: TIME FRAME ACTION August 28, 2017 Commencement of Annual Action Plan Substantial Amendment 30 -day Public Comment Period September 27, 2017 Public Hearing for Substantial Amendment at Community Redevelopment and Housing Commission (CRHC) October 17, 2017 Substantial Amendment to City Council for Consideration and Approval Approval of a Substantial Amendment will be the final step needed to initiate the projects. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal # 5 Community Health, Livability, Engagement Sustainability, Objective # 4 (Support neighborhood vitality and livability), Strategy A (Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the City, construct the Roosevelt Walker Park and Community Center, and develop concepts and proposals for the Library Park in the Civic Center and Centennial Santa Ana River Eco -Park). FISCAL IMPACT On October 20, 2015, the City Council approved an appropriation adjustment recognizing $2,000,000 in Community Development Block Grant program income for FY 2015-16 from sale of City owned property located at 1232 and 1244 South Bristol Street. Funds were carried forward to 65A-2 Use of CDBG Funds for Park Projects August 15, 2017 Page 3 FY 2016-17 and will be carried forward for FY 2017-18. Funds are reserved for appropriation in the Community Development Block Grant account (no. 13518783-69011). Robert C. Corte Acting Executive Director Community Development Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency / )A i / -- Fr d Mo savipour Executive Director Public Works Agency Exhibits: 1. CDBG Project Descriptions 2. Amended FY 2017/18 CIP Project Sheets 65A-3 65A-4 CDBG Project Descriptions (2 Million — Bristol Property Sale) EXHIBIT 1 65A-5 RECOMMENDED FUNDING DEPT PROJECT AMOUNT PROJECT DESCRIPTION Replacement of existing wooden poles with concrete Centennial Park Security poles and upgraded lighting to energy efficient LED PRCSA Lights $450,000 fixtures and lamps at Centennial park, Reconstruction of park walkways to include removal and Centennial Park Walkway replacement of sections of cracked walkway and asphalt PRCSA Improvements $430,000 at Centennial Park. Reconstruction of parking lot to include removal and Thornton Parking Lot replacement of asphalt, striping of parking stall lines, PRCSA Renovation $220,000 and ADA improvements at Thornton Park, PRCSA Birch Park Fence $120,000 Installation of a new fence around Birch Park. Santa Ana Senior Center FIN 3rd St. — HVAC $70,000 HVAC Upgrades at the Santa Ana Senior Center. Saddleback View Park Purchase and installation of security lighting at PRCSA Security Lights $200,000 Saddleback View Park. Security Cameras Purchase and installation of security cameras at at Multiple Neighborhood Madison, Windsor, Jerome, Chepa's, Santa Anita, and PRSCA Parks $510,000 Memorial parks. TOTALI $2,000,00 EXHIBIT 1 65A-5 65A-6 EXHIBIT 2 Amended FY 2017-18 CIP Project Sheets 65A-7 § ( § r � a � a j \ ((j $\} _ //j c .z k \ j \\( } §( s(e ) /)} j k . . / § ( § r � a � a \ k . . / \ r k t .0 a § ; . .. i , \ G\ ( _ LLJ / »$ \ ) � ;(® §/\ )o ¢:) tk =L \ §/ §; r k t .0 a ; . .. .� — ■ s i i c0 m c 3 3 K z W L W a � W U F Is soln6od Ca a= LL N H L Y ct wo w>- a a a ■ s O m c 0 L c a � W U F Is soln6od ■ Q o 0 L a F Is soln6od Q o § § \ \ | g r6 v § - r § B B / s §oe )} k 3(\ ()j \I§ §Q) _ \% LL, § \ § § \ \ | g r6 v § - r § B B / s §oe )} k t § - » k - � \ \ 0 3\j ()j \ \(\ s st . �® > \(\ \ )\ .[3foadviq.�. B� :1. j t § - » k - §)� ) \ \ �) �� s st . �® > .. .[3foadviq.�. s VIITIII SI. ; \ \7}�\\\ \ ; \\ LO U) \/« \ §)� ) \ \ �) �� N M N t N N it N N i 81— r N M N r i 71 J F F i h 1 fJ i:M� H I J � 111 U Mn ", Sl W 41 m U �.Y V J "`L m q�ac£t a co ? J Y C ~ 4 LL U > U -o W U LL W } Q a C Cm U R a a c N M N t N N it N N i 81— r N M N r i 71 J F F i fJ i:M� H I Mn ", Sl �.Y V J "`L m q�ac£t a co ? n > a c r N -,,A Ave § ( / B a § b u e § � k B § d - ¥ ) 3 \ kCIO: \ } % ,() \ (\\ \ \Ej _\ \}�\ a\/ tG` j § ( / B a § b u e § � k B § d - ¥ ) 3 \ kCIO: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: RECEIVE AND FILE COMMUNITY BRANDING UPDATE AND APPROVAL OF PLATFORM STATEMENT {STRATEGIC PLAN NO. 3, 1E} CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and file Santa Ana Community Branding Research and Strategy Presentation by North Star Destination Strategies. 2. Approve proposed platform statement and establishment of creative committee. DISCUSSION The City of Santa Ana has partnered with North Star Destination Strategies to develop a community brand and comprehensive implementation plan. The objective of this effort is to develop a clear, strong and resilient brand identity that represents the varied attributes of the Santa Ana community. The resulting brand messaging will place particular emphasis on: • Encouraging residents of all ages to engage in community life, civic activities and recreational interests • Attracting, retaining and growing businesses • Maintaining and enhancing the City's quality of life. As part of the initial phases of the project, North Star spent a significant amount of time engaging and educating the community about the importance of branding and the impacts on both residents and businesses in Santa Ana. There were several focus groups, internal interviews, and surveys conducted with the local business and community stakeholders. A community -wide survey was conducted to solicit perceptions of Santa Ana from the people that live and work here, as well as an external perception survey given to people that do not live or work in Santa Ana. In total, over 1,000 respondents participated as part of the engagement efforts. North Star has prepared a comprehensive review of all relevant research, insights and recommended strategic positioning which is included in the Santa Ana Community Branding Research and Strategy Presentation being provided to the City Council. The strategic platform serves as the guiding statement for the brand and will serve as the 6513-1 Community Branding Update August 15, 2017 Page 2 touch point for all Santa Ana branding activity moving forward. As proposed for City Council approval, the platform statement reads: "For those seeking the energy of an urban and artistic setting, Santa Ana, Orange County's downtown and county seat, welcomes the celebration and understanding for all and elevates cultures and everyday narratives into a colorful, vivid sensory experience." The creative phase of the project will follow the approval of the platform statement and will include the establishment of a Creative Committee. In this phase, all insights and strategy are transformed into tangible creative products, such as logos, color palette, graphic standards, straplines and brand messaging. The Creative Committee, consisting of approximately three individuals will work collaboratively to flesh out creative direction, explore the role of different creative elements, and identify creative preferences. Staff recommends including one representative from the Santa Ana Chamber Economic Development Committee, one representative from the Arts and Culture Commission, and one City Council member to serve on the Creative Committee. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #1 (Implement a comprehensive Economic Development strategy), Strategy E (Partner with local Chambers of Commerce, citywide business associations and the community to develop a new branding and marketing strategy for the City. In addition, the City will promote the consistent use of our City logo). FISCAL IMPACT There is no fiscal impact associated with this item. Robert C. CP Deputy City Manager City Manager's Office 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: PUBLIC HEARING: APPROVE AN AGREEMENT WITH MA MAY THET NAING FOR THE EXCHANGE OF REAL PROPERTY (1113-1125 SOUTH STANDARD AND 1416 SOUTH BRISTOL) IN SANTA ANA (STRATEGIC PLAN NO. 5, 4A) CIT MANAGER RECOMMENDED ACTION 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 Authorize the City Manager and Clerk of the Council to execute an Exchange of Real Property Agreement with Ma May Thet Naing for property at 1113-1125 South Standard Street to develop a park site, in exchange for City of Santa Ana property at 1416 South Bristol Street in Santa Ana. YOUTH. EDUCATION AND COMMUNITY SERVICES COMMITTEE On July 24, 2017, the Youth, Education and Community Services Committee, was provided an update of the proposed land exchange between Ma May Thet Naing and the City of Santa Ana, for properties at 1113-1125 South Standard and 1416 South Bristol. Both parties have agreed to the terms and results of the equal exchange. No action was taken by the committee. DISCUSSION On August 20, 2016, City Council approved an Exclusive Negotiation Agreement (ENA) with Ma May Thet Naing for exchange of real property located at 1113-1125 South Standard Street for City property at 1416 South Bristol Street. The purpose of the exchange is to develop a park in the Standard/McFadden community. The ENA is for 180 calendar days with options for two 90 day extensions to complete the negotiations. The ENA required both properties to be appraised to confirm an equal value exchange and both parties to share equally any cost required to complete the exchange. The acres and appraisal cost difference are as follows: PROPERTY ACRES APPRASIALAMOUNT • 1416 S. Bristol 33,972 sq. ft. $1,414,000 1113-1125 S. Standard 32,690 sq. ft. $1,405,000 ( 1,285 sq. ft.) $ 9,000) difference 75A-1 Agreement Exchange of Real Property (Standard & Bristol) August 15, 2017 Page 2 The Exchange of Real Property Agreement will require Ma May Thet Naing to pay the difference in the appraisal amount and to share any cost associated with the exchange of property. Commonwealth Land Title was retained as the Escrow Company to complete all requirements and exchange of deed, once the Exchange of Real Property agreement is approved. Since the Bristol Street property was acquired with Community Development Block Grant (CDBG) funding, HUD was notified to provide any documents required for the possible land exchange. A Geotechnical investigation and a Phase I/Limited Phase II were performed on the South Standard property to ensure property is free of any contamination. Additionally, the $9,000 to be paid to the City will be deposited in the CDBG Program Income account to be used for future CDBG eligible activities. Ma May Thet Naing will be developing the Bristol Property under the existing zoning for commercial use. The City will be scheduling future community outreach meetings to obtain input for the future park design on the Standard property. Improvements could include the continued use of a synthetic soccer field, community garden, skate park or other recreational activities/uses. This would be an ideal location for a future state park on the east side, since one exists on the west side at Centennial Park. A joint use multi-purpose soccer field and track is currently under construction at the Roosevelt/Walker Community Park and can serve the soccer community on the east side of the city. Because of the close proximity to highly traveled streets and public safety, the park site will be enclosed with a fence with public openings at key locations. Regulations for soccer field use or skate park will be similar to other city facilities. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability — Object #4 (Support neighborhood viability and livability), Strategy A4 (Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center and develop concepts and proposals for the Library Park in Civic Center and Centennial Santa Ana River Eco -Park. FISCAL IMPACT Funds will be deposited into the following account for the specified year: Accounting Unit FY 17/18 DBG-Program Income (no. 13518002-57071) $9,000 75A-2 Agreement Exchange of Real Property (Standard & Bristol) August 15, 2017 Page 3 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Robert Cortez Acting Executive Director Community Development Agency EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT Francisco Gutierrez ® Q Executive Director Finance and Management Services Agency 75A-3 75A-4 AGREEMENT FOR EXCHANGE OF REAL PROPERTY, MONETARY CONSIDERATIONS, AND ESCROW INSTRUCTIONS This Agreement for Exchange of Real Property, Monetary Considerations, and Escrow Instructions ("Agreement") is entered as of the day of 1 201:7, by and between the CITY OF SANTA ANA, a California charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"), and MA MAY THET NAING, an individual ("Naing"). The City and Naing are hereinafter sometimes referred to collectively as the "Parties. RECITALS A, City owns certain, real.property commonly known as Orange County. Assessor Parcel No. (APN) 109-266-17, located at 1416 South Bristol Street, in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit "A" and incorporated herein by reference ("Bristol Proporty"). B. A copy of the Grant Deed for the Bristol Property; filed with the County of Orange as Document No. 93.0277611, is attached hereto as Exhibit "B" and incorporated herein by reference. C. The Bristol Property was acquired by the City on April ,27, 1'493, as part of the St, Andrew Place to McFadden Avenue Phase of the Bristol Street improvement Project. This remnant parcel has_been vacant since the City's acquisition and is not needed for public use or improvements. D. Naing owns certain real property commonly known as Orange County Assessor Parcel Nos. (APN) 011-251-17, -18, -19, -20, -38, and -39, located at 1.113 to 1125 South Standard Street, in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit "C" and incorporated herein by reference ("Standard Property"). E. A copy of the Grant Deed for the Standard Property, filed with the County of Orange as Document No. 15-0625408-02, is attached hereto as Exhibit "D" and incorporated herein by reference. F. The Parties desire by this Agreement to provide the terms and conditions for the exchange of fee interests in the Bristol Property and the Standard Property. AGREEMENT THEREFORE:, for and in consideration of their mutual promises; covenants and agreements, and subject totheterms, conditions and provisions of this Agreement, the Parties agree as follows: 75A-5 1. Exchange of Real Property I.I. Conveyance by City: City agrees to convey the Bristol Property to Naing by Grant Deed, and Naing agrees to accept the same from the City, 1.2. Conveyance by Naing. Naing agrees to convey the Standard Property to City by Chant Deed, and City agrees to accept the same from Naing. 1.3. Title Conveyance. The Parties agree that, except as may hereinafter be otherwise expressly provided, the real properties subject to this Agreement shall be conveyed by the Parties, as aforesaid, free and clear of any and:all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or speclfic, including any acid all leasehold interests); liens, clouds or defects in title: The Parties hereby warrant that the title to said. real properties to be conveyed by the Parties shall be *cc and clear as provided above. The Parties further agree that acceptance of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leaschold interests), _lien, cloud or defect in title, shall not constitute a waiver by either Party of its right to the full and clear title hereinabove .agreed to be conveyed by the Parties, nor of any right which might accrue because of the failure of the Parties to.convey title as hereinabove provided. 2. Monetary Consideration 2.1 Monetary Consideration. The Bristol Property encompasses 33,972 square- feet of land, which was appraised for One -.Million, Four -Hundred .and Fourteen Thousand Dollars ($,1,414,000). The Standard Property encompasses 32,690 square feet of land, which was appraised for One -Million, Four -Hundred and Five Thousand Dollar's ($1,405,000). Accordingly, in order to compensate for the difference in. appraisal value between the subject Properties and even the value of the transaction, Naing shall pay the City Nine -Thousand Dollars. ($9,000) in additional compensation ("Appraisal Difference"). 3. Escrow 3.1 escrow Agent. Within five (5) days from and after the execution of this Agreement by all Parties, .City agrees to open an escrow at the office .of Commonwealth Land Title Company, 4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660 ("Escrow Agent"), This Agreement constitutes the joint escrow instructions of the Parties and a duplicate original of this Agreement shall be delivered to the Escrow Agent "upon the apening.of the; escrow ("Effective. Date"), 75A-6 3.2 Escrow_ Agent Authorization, The Escrow Agent hereby is empowered to act under this Agreement and the General Escrow Provisions attached hereto as Exhibit E and incorporated herein by reference, and upon indicating its :acceptance of this Agreement and the General Escrow Provisions, in writing; delivered to the Parties within'five (S) days after delivery of this Agreement,.shall carry out its duties as Escrow Agent hereunder. 3.3 Escrow Agent. Liability. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under this Agreement. 3.4 ClosCost s. Parties agree to split, and Escrow Agent is hereby authorized to charge to the Parties equally, the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation foes, escrow fees .and any other closing costs incidental to the conveying of said real properties ("Closing Costs"). Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 12.65.240. 3.5 Title Insurance. The Parties agree to deliver, concurrently with the conveyance of said real properties, within the time and at the place bereinabove specified for said. conveyance of said real property, a policy of title insurance to be issued by the above mentioned title:company, with the receiving Party therein named as the insured, in an amount equal to the appraised value of the subject property, insuring the title to said real property is free and clear of any and all conditions, restrictions, reservations,exceptions, casements, assessments, profits; limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any ,and all leasehold interests), liens; clouds or defects- in title, excepting such specific ones as the receiving Party may hereinafter expressly agree to take subject to, Acceptance by the receiving Party of any such policy of insurance, whether such insurance complies with. the requirements of this paragraph or not, shall not constitute a waiver by the receiving Party of its right to such insurance as is herein required of the granting Party, nor a waiver by the receiving Party. of any rights of action for damages or any other, rights which may accrue to the receiving Party by reason.of the failure of the giving Party to convey title or to provide title insurance as required in this Agreement, 3.6 Property Taxes, (a) Such real property taxes, if any, on the subject real properties for the fiscal year within which said real property is conveyed to the receiving Party as, are unpaid at the time of said conveyance shall be cleared.and. paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California, 3 f __ . - _------ _........... (b) The granting Party shall be eligible for a refund tinder Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to the receiving Party is recorded which is allocable to that portion of the fiscal.yoar which begins on the date the deed conveying said real property to the receiving Party is recorded and.made uncollectibleif unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California, To the extent that the granting Party has prepaid any taxes or assessments attributable to the subject real property,, the granting Party shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, the receiving Party shall assist the granting Party, at the granting Party's sole cost, in obtaining said refund, if any, however; in no case shall the receiving Party credit or otherwise pay the, granting Party for that refund, if any, through or outside of Escrow. (c) All unpaid taxes on either property for any and all years prior.to the fiscal year within which said conveyance is made'shall be paid by"the granting Party before conveyance of said real property to the receiving Party. 3.7 Deposit of Funds and Documents. (a) Prior to Close of Escrow, the Parties shall deposit into Escrow (i) all escrow and Closing Costs as described above; (ii) the Appraisal Difference; and (iii) such other documentation as is, necessary to close Escrow; provided, however, that Naing shall not be required to deposit the Appraisal Difference until Naing has .been notified by Escrow Molder that (i) .City has delivered to Escrow Holder each of the documents and instruments to be delivered by City in connection with.the transfer of the Property, (ii) Title Company is irrevocably and unconditionally committed to issue and deliver the Title Policy, and (iii) the onfyimpediment.to Close of Escrow is delivery of snch amount by or on behalf of Naing. (b) Prior .to the Close of Escrow, each Party shall deposit into Escrow (i) the properly executed grant deed for conveyance of each Property; (ii) a duly executed bill of sale,. assignment and assumption agreement with respect to the tangible and intangible personal property included in each Property; and (sir) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the Properties as contemplated by this Agreement and, the Close of Escrow is subject to satisfaction of each of the following conditions: ....... _ 758 A- (a) All representations and warranties of each Party set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Each Party shall timely perform all obligations required by the terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party, , effective as of the date and time the deed is recorded; and, (d) No material adverse physical change to either Property, including those caused by condemnation and/or casualty, shall have .occurred subsequent to the Effective Date and on or prior to the Close of Escrow. 3.9 Close of Escrow. The Escrow Agent is hereby authorized to close .escrow upon and after ("Close of -Escrow"): (a) Conveyance, of the Bristol Property by the City and the Standard Property by Naing as hereinabove provided; (b) Acceptance by Naing of a Grant Deed conveying the Bristol. Property, and acceptance by the City of a Grant Deed conveying the. Standard Property; (c) Delivery to each Party of the policies of title insurance, as herehzabove provided; (d) Recordation of the Grant Deed conveying the Bristol Property and the Grant Deed conveying the Standard Property. if escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in either Property that cannot be resolved in Escrow, then either Party.may, at its option, request cancellation of Escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such requestis made, Escrow shall be closed as soon as possible thereafter, 4. Representations and Warranties 4.1 Rep'resentat ons and Warramles of Ci . City makes the following representations and warranties with respect to the Bristol Property, each of which shall survive Close ofEsrrow: 75A-9 (a) The execution and delivery of this Agreement, ,performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which the City is at present a party or by which the City is bound; (b) To City's actual knowledge, no litigation. and no governmental, administrative or regulatory act or proceeding. .regarding the environmental, health and safety aspects of the Bristol Property is,pending, proposed or threatened; (c) City will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the Bristol Properly without the prior written consent of Naing; (d) City is aware of its obligation under California health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding_ any. release of Hazardous Substances (as defined by applicable federal, state and local statutes,. rules and regulations) upon or under the Bristol,.Property. City warrants and represents to Naing that City is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Bristol Property; and, (e) To the best of City's knowledge the Bristol Property complies with all applicable laws and governmentalregulations 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, 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. (fj City, as a government agency, has not been subject to real 'property tax assessment on the Bristol Property: Transfer of titleto Naing at the Close of Escrow will subject the Bristol Property to an assessment from the Orange County Office. of the Assessor and shall be the obligation of Naing henceforth, 75A-10 4,2 Reresentations and Warrandcs of Naing. Naing makes the following representations and warranties with respect to the Standard Property, each of which shall survive Close of Bscrow; (a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree orresultin the breach of any contract or agreement to which Naing is at present a party or by which Naing is bound; (b) To Naing's actual knowledge, administrative or regulatory environmental; health and safety pending, proposed or threatened; no litigation and no governmental, act or prooeeding regarding the aspects of the Standard Property is (c) Naing will not enter into any agreements or und.ertakenny new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the Standard Property without the prior written consent of the City; (d) Naing is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they :may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Standard Property, Naing warrants and represents to the City that Naing is not aware that any such Hazardous Substances haveheen generated, stored or disposed of upon or under the Standard Property; (e) To the best ofNaing's Imowledge the Standard Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaihing 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, 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 andbureaus; and, (t) Naing acknowledges that any future development and use of the Bristol Property must be permitted and comply with all current state and local planning, building, and zoning code regulations. 75A-11 S. Right of Possession 5.1 Right of Possession. Parties agreed to deliver to each other quiet and peacefal physical and legal possession of the respective Properties, free of all personal property, effective as of Close of Escrow. 6. As Is Condition 6.1 As Is Condition. Parties shall rely solely and exclusively upon the results of its own Due Diligence Investigations of the subject Properties with regard to any physical condition or state of the Properties. By completing the exchange of the Properties, Patties evidence their unconditional acceptance of the condition of each respective Property. Parties acknowledge and agree that each is acquiring its respective Property on an "AS -IS," "4 FERE-IS" Basis: Parties are not offering to acquire .the respective Property based on any.representation by the other Party, or a third party, exeept.those expressly set forth in'this Agreement. Parties hereby acknowledge that the exchange of the Properties is without warranties of any kind from the other Party,. expressed or implied, except as expressly set forth in this Agreement, as to the condition of the subject Property or its improvements, if any, including, without implied`limitation, soils, access to the subject Property or to utilities, appliances, structure utility systems, roof; foundation, landscaping or any other component of the subject Property, Parties do not warrant that either Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances. i. Acknowledgement of hull !Benefits 7.1 Pu11 Benefits. By execution of this Agreement, the Patties hereby acknowledge that this Agreement provides full payment for the acquisition of the subject Properties, and each Party hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, it .being understood that this is a complete and full.settlement of all. acquisition claims, liabilities, or, benefits of any typeor nature whatsoever relating to or in connection with the acquisition of the subject Properties, S. Remedies 8.1 Remedies. If either Party defaults under this Agreement, and.such default is not cured within thirty (30) days following the date of written notice of default, then the other Party may either: (i) terminate this Agreement by written notice, whereupon this Agreement and the obligations of the Parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement. ._.............. . .._.... _..... ...... 75A-12 9. Miscellaneous 9.1 Notice. All notices or other communication provided for under this Agreement shall be in writing, and shall be delivered personally,, sent by reputable overnight mail equivalent carrier, ax. sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the person to receive such notice or communication at the following address and shall be effective upon the: earlier of actual receipt (including by facsimile) or refusal to accept delivery: If to the City: The City of Santa Ana Gerardo Mouet Executive Director Parks, Recreation and Community Service 20 Civic Center Plaza (M-75) P.Q. Box 1988 Santa Ana, C.A. 92702 With a copy to: City Attorney 20 Civic Center Plaza (M-29) P.Q. Box 1988 Santa Ana, CA 92702 If to Naing: Ma May Thet Naing 466 W. Norman Avenue Arcadia, CA 91007 Facsimile (626) 786-9696 Notice of change of address shall be given by written notice in the manner set forth in this subsection. 9.2 Time is of the Essence. Time is of the essence with respect to each and every provision hereof, 9.3 Waivers. The waiver by either Party of any breach of any covenant or agreement heroin contained on the pant of the other Party shall not be deemed or held to be a waivor of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein, 9,4 Assi zg m Wit. Neither this Agreement, nor any interest lierein; shall be assignable by any Party without prior written consent of the other, non -assigning Party hereto. For the City, the Executive Director of the Parks, Recreation and Community Service Agency shall have the authority to review and approve or deny any request for assignment. 75A=1 3 ____ 9.5 Inurement. Subject to the restrictions against assignment as herein contained, this Agreement, and all the terms, covenants, and conditions hereof,.'shall inure to the benefit of and. shall be binding upon, the assigns, successors in interest,.personal representatives, estates, heirs and legatees of therespective parties hereto.. 9.6 Governing Law. All questions with respect to this Agreement, and rights and iiabilities of the Parties hereto, shall be governed by the laws. of the State of California. Venue shall be in the County of Orange, 9.7 Attorney Rees, In the event of any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement,or-the breach thereof, the prevailing party shall be. entitled to recover from the other party reasonable expenses, attorney fees and costs. 9,8 Entire Agreement. The Agreement contains the entire agreement,of the Parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There aur, no representations, agreements, arrangements, or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein, 9.9 Additional Documents. All Parties hereto agree to execute any and. all additional documents and instruments necessary to carry out the terms of this Agreement. 9.10 No Merger. All warranties, representations, acknowledgements, releases; covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deeds. 9.11 Contingency, It is understood and agreed between the Parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 9.12 Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Parties, 9.13 Partial Invalidity, Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect. the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 9,14 Caption§. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in.construing this Agreement. 75A-14 9A5 No Reliance by One Party on the Other. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof, The provisions of this Agreement shall be construed as to their fair meaning, and not foror against any Party based upon any attribution to such Party as the source of the language in question. 9.16 No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 9.17 Duty to Cooperate Furtt er, Each Party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the Party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 9.18 lneorporation of Exhibits, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 9.19 Authority to Execute Agreement. The persons executing this Agreement and the instruments referenced herein on behalf of City and Naing hereby represent and warrant that such persons have the right, power and authority to bind City and Naing, respectively. Naing shall indemnify City fully, includingreasonable 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 thesignatoryor is withdrawn. 9.20 Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed cowiterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NEXT PAGE] 75A-15 IN WITNESS WHEREOF, the Parties have executed this Agreement. for Exchange of Real Property, Monetary Considerations, and Escrow Instructions on the dates indicated next to each of the signatures of their authorized representatives, as appear below. ATTEST: MARIA D.1-IUTZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVALHO Cit} By: RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation and Community Services 75A-16 CITY OF SANTA ANA CYNTHIA. J. KURTZ Interim City Manager NAING:, 5;; 1 C MA MAY THET NA G EXHIBIT "A" BRISTOL PROPERTY LEGAL DFSRIPTION 13 75A-17 EXHIBIT A LEGAL DESCRRT1ON (APN 109-266-17) In the City of Santa Ana, County. of Orange, State of California, being Tots 85 through. 88 of Tract 1508 as shown on a.Map recorded in Book 45, Page 40 of Miscellaneous Maps, in the Office of' f the County Recorder of said County, said Lots also desoribed in a Deed to:the City of Santa Ana, recorded as instrument 93-0277611 in the Office of the County Recorder of said County. Except those portions of said Lots lying Easterly of a line that is Westerly 75.00 feet and parallel with the Centerline of Bristol Street as shown on Record of 5urvey 2006-1126 recorded in Book 224, Pages 23 through 26 of Records of Survey, in the Office of.the County Reoorder of said County. Containing 0:77 acres, more or less. All as shown on Exhibit S, attached hereto and by this reference made a part hereof: Subject to all Covenants, Conditions, Reservations, Restrictions, Rights of Way and Easements of record, if any. Prepared by me, or under my direction on November 9, 2016. �G �'.,_� r4I. Gonzales,.PTS 9065 le 8' Page 1 of 1 75A-18 EXHIEIT "S" SKETCH TO ACCOMPANY L 50AL DESCRIPTION (APN 109-266-17) ®ORCHARD AVENUE . ._,_-_--.-._._._._._._._-_._._._._,_._._._._,_,� (222 Q1') i LOT esu; i LOT 19............� (40') o LOT 2D LCt'1' $6 n I �64 .... 1 7 JF o 175'1 i m --------------- _____ --..7 LoT aF3'1 i i r�sto LOT 21 ---- '�`'pF�''' i LOT 22 I �I I 1 REFERENCES ( PER TRACT. 150$+MFA 4$/40 l PER RS 2006-11260 RSB 224/23-26 75A-19 EXHMIT "B" RRTSTOL PROPERTY GRANT REED is 75A-20 itGd:OR1DCCiw'RE(ZiiESTku •$Y. .Fra Arnerican This lo. Co. •SPUE RFr,0 ZD 1NAFL TOt i w �y { EXHIBIT B DOC # 93-02715'5 2"f—AM- iM Oe loo AM Rmrdsi an Mimi Recalls of Qrame Counb, Califamra Lea A. 6rard) G9aaty Recorder Pass 1 of 3Fees! 4 0.00 #NIC SPAM FDt1 RECOPME Sy$pi.MY 7lit0 CASE wPFn 7O PROVIDEADECOATE SPACE FOR RECOROINO INPORMATViV 44DDITIONAI, RECORDING FEE APPUES) 75A-21 �g v r� f x On April, 16.199'} ndrore md. Deanna F,. &ukChn IYu�CtrtYcFi Saha :Sinkal, as Vica Prasideal and Maru:s Cchwi ehaias 5 y @ 4u q ea u e of Santa Ana, lite . smlmB jq xy,� ( 1�dlieh dP1i i0 MI 0611d outs of=5r� 4NCR wwb*dA ad/ft4t.nhv ttWrvafvV �ti,�M—+n.v.�"w�r'.nT.V4 '}N iaC ,g r.0 y. vxSWmamana YCNnp,NCgGKira rca�9yr/4*aa'ImACUa9llre,w,�;nMdNwr a�V�SM�e!a59'Ma), aas ots :r i' t'!rgw+�.tnnw..{ss wi U,d na+nmM IM M16001 av Dia i tm W-14 Who of vm, to persons)mels-- &M wtl 4w mbuumnh; . �• ^e...esre.«p S1gEANNA F. BURTON #F c. ) wm+ass>,rvndaam+ad,I<wadd, u) s COF3Iw.A972a2s � rrsrtmwmslccwr9ralu �"/�w"� @ ,r�, 'fir � '�-� - ; N(CoamsEYeredNqia,tAaQ � Kexempl. d..'•..�,S EAfi':kY'u':L&.k&C&JbYk�'r�sv> ; rv-z:.�_.,,,.:.,,.r,, �,........... Crte hNwu;,v L..^.•»Sw,!r+�a. 75A-21 �g v r� f x 11ideil, please mail tnic and tax sttements tVe Council ta Ana r oater Plaza, I A-30 Cailfornia 92701 ing (equcsted Uv SAMA ANA Pta i.CAE SkCtICra'b1Urt l ySUTAianc rrer nut alkgrrfWnenS aSt j7Want a51a 1y AFp-.QCttl(gWnif F)Ijtww a -.01p lilt$ 11 Nngx� 1A6+:2U8w11 SW3SE -' Aria col Se. GRANT 'DEED FOR VALUASR.EQDNWUERATUSN; mcetpt of which is hereby a6rimtedoed, UW=l) EVA90SUC.4t. 1,=XNAN cmmm or BANTA ANA., INC. -Rq88 Hereby Grant le THE CfFY t7P SANTA ANA,a Municipal Corporation A iy L_J ��1: iCJl j]kCpC(rY:RI::C IviCr ofs'apq;+iS1.(„g41nLY pfdrdn$Cy$Wte of caftoinia, duibcd 35'rall9)ti8: eKe Lni;u i5, E6, 87, and EII. oC Tract. Na, 1506, map recorder in 6oak 45, page 40 aE Miscallanaouc Yaps. Tuts attik.te axatsn, th0mf5NKk tees v rdsr Qav ommern �da'.� 95 �. do Tar D10 irerC0d01 tM April 16, 1992 Oared STATS CfP CAtiEORmA I l 54. Y � M UNTIED EVANGELICAL LUTt UI(WRCS 0P SANTA ANA, INC. uql i .IOBF#fir µ, VI LIS PRE$'DEENT� }t �xav aTAi2OF GtIFCFiNM r,6UNCY OP Oean{Y ,e an Aori1,16,i499„—notarnm . Ertenno F 4urkan , Ian Ch%Pq ev&�'anita Nick'al as VS4a °rnaidonc an4 Marcia acbultheiaa s e rekary a.. a 8e a JlJJ t nt BanEaAna. ..Gc. _ r- �-��lcr�l dUON nunE N IM Q'tl'at�.=C ��tlfY="MCtSi �3�8 Ca �FWt(x�e4ue.iu.Nw�ri%'a�d:rJPA°'�Cri. Y.�:Y yIA18G� �neHwnmamtl aWna.,kyl§aAamu�lld<yda'f�h^yeReuvmJtrvasnma�n Usfr(+1AheraWto�n¢a maa�Vpus1. ��ttl era cuu by llk/r Muir vp�drots7'on the ant WW ine ae+5an(Ut or the eNm' emi b&W of Wieh Um ale pmS'dn(sl °,arecwmuarsau:aona .......... •• DEANNAF.BURTON.j. mne9amrnaxaaa ser COMM. 49i2M9 I WTA CuuVthNN -, w � nwc�amxm @lorv�is ° NpMpCpUaNynu.S�mrp°p+nAtWpty70.1004 i �...,np1. NYM.W4lML%W RT.4M1iNIW9a1'{YY�MrM'YiIQ p' V li M Y1G59 ('RIY p SANY4lt _� ;.AaryF:G^dP.Li+3HtlrAfatl WIl. 75A-22 9 I :Wtl Ed ;s pteaseit this tax statements to; ABs Center Plus, rM•30 or,caltiornia 92701 viing requested by VP ��wnk. r'yvM1 PIR i IANWNT Cotw SK110N 61 U3 L-- om.._ cancn%�Appmcdaato a[. IAPFTmd riW4rl cmt Z. �. P,. wr W. ••4:,Iliun iN kd- i Y t I 'I BnAr. ��(! � t84�26t1-1i �� SN351 I Brintol. St. I A l tt GRANT DEED 1 4 FOR VAWAOLE,CONSWE8ATlO14, mceiptof Which is hereby ackn"ledgrd. iNIM SVANCELLCAL LUTNRNAN Cft"CK OF MANTA ANA. INC. Do Horeby Crant to THE CiYY OFUNTA AM& E Manlnpot Corporation � � the sear properly In the City of Santo Ana, CoUnr/ of Orange, State Cf.Califotnls, described as. follows:' Lots 85, 86, 87, and 80 of Tract. Mo, 1508, map recorded ffi Book 45, page 40 of Hisceltaneatto Haps, :?tri OlflCa Li �a'•T^1<{ni,?nMF � H , Y . tees o^�rGiwemroaM CDCa$81.�" ':.r w" M,p � Ivo 7&z �u6 PrrrCk'tio i1s22 t• , UNXTS6 E7A::GELTCAL Llftt4'iIIADrC8r1RaP .. .¢ Up SANTA ANA. INC. 'r April. 16. 1992 AYt. ^`r'da Dated .10NN 77 L'n"A.Lr 7LCR PRga DEh"C COTCAL'uuniwln Ism hs n, ri. _ x yy�- •� p .�C',OUNUNTY.OFI fARCLM1 8G LTRB S8,9R•^.NETARY w This 1, to ready that the lniermt In rant jim i o, o Em,r , Elia uadur ,Bwd, a Watery puhlic In And for mmnyed IN ilia deed darad.-......,.-..,.,_.-.,.._ State, penonal?y apPeored w Ire n ..rta p+^rpc+ical {t�Ckieean Ctiuech m a£ sate» Asa, Inc. ._._ 47innnag4.&nmyn In me int praed to me Im the brsh of l lsi N adcr�+l rn hr ih+nprarafel wfin6E narrle(5) H the Cdv dl agency, Ana, a p irf act orimi b di and . ale snhenbed to Cie vntVanlnatrwnant and acknovA. 8a^.rmrtanras aXaney, I$ nereiryr accepted by die gad to me Thar hd/dirlthay au. not lho same undacagned ollear or agent on Whatj•orthe Cry. E. Cannot parmant. 3'inn'N mote. v ICewtunan Na I9Bof1 �CIWr-gnc9 IM D]D]D] riNFS5tiry hand arni a(Scial seal'. ,M lk•nlweA 1 A4anrl lh getl ea en htY n � � meyna}Ion the f to aly fp('�� to m a .Y{r.•'-:s/e�..__.• 1� its.__'.•�,/-.�.:.Z'='-":.::`T:� n 75A=23 EXHIBIT «C" STANDARD PROPERTY LEGAL DESRIPTION 1.5 75A-24 Order No: 09202091.920-CMM-CM8 EXHIBIT C 85 All that certain real property situated is the County of Orange, State of California, described as follows PARCEL I: LOTS 17 AND 18, OF TRACTS 3M IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,.AS PER MAP. RECORDED IN BOOK 104104 P� PAGE$ 30 AND 31 OF MISCELLANEOUS MAPS, IN TIM OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. IM10114m;; THAT PORTION OF LOT A OF TR&CT NO 3293, IN TIME CITY OF SANTA ANA,, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK L04, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOTS 17 AND 18 OF SAID TRACT N0, 3293. PARCEL 3: LOTS NLNETEEN AND TWENTY OF TRACT NO. 3293. IN TPM CITY OF SANTA. ANA, COUNTY OF ORANGE, STATE .OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN 1300K 104. PAGES 30 AND 31 OF MISCELLANEOUS MAPS; RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT "A" OF TRACT NO: 3293, IN THE CITY OF SANTA ANA, 'COUNTY .OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104. PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING BETWEEN TIM EASTERLY EXTENSION OF THE NORTH AND SOUTH LINES OF LOT 19 OF SAID TRACT 3293. 19.10] &1 THAT PORTION OF LOT "A" OF Ti CT NOIN THE CITY OF SANTA ANA, COUNTY OF ORANGE, SPATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK. 104 PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE .COUNTY, CALIFORNIA, LYING 13ETWBFN THE BASTERLY' EXTENSION OF THE NORTH AND THE SOUTHLINES OF LOT 20 OF SAID TRACT 3293. Assessor's ParcelN¢mbor. 011451-17,18,19, 20; 38, 39 75A-25 � m r_ m_ 2 @ 3 _ _, _ e,Requested By; __w _<__; _ 75A-26 ��h \� $ `S �(H)� § § _ _, _ e,Requested By; __w _<__; _ 75A-26 EXHIBIT "D" STANDARD PROPERTY GRANT DEED 16 75A-27 at3GOsequta nxpvssx�n sx MOMENT TTI.£ Armwmmmrom-ftMAV'TQ: NAAitdAYTHEA'PXAWQ 466 W. WRIM-AV". Alt@.`b1DTsr CA 91007 EXHIBIT p WorNa.: MOW Recorded in Official Records, Orange County Hugh ibuyeni Clerk -Recorder 111111111111111111111111111111 IN I 111111111111111111111111111111111111111111144.00I 11 w$ R 0 0 0 8 0,1 b 28 6 $' 2015000625408'4,30 pm 12/08115 143 404 G02 711 550.00 554.00 20.00 U0 18.00 0,00 0.00 0.06 m mw NO.QQ03SoR221' TAXIS $ o .Q &CITYM00 a, aompatea un xwtvataeorAaroponYconveA'+w, of . �.teotaputeAonAWldalixbiesa'vatae®t'tiertsOrafnoutnbxancesremaip'uzguttGnanE'sala 13uAnamporatedarm XvAyof$ANTAANA, AND Fart-AVALOAnLBGDNSTPOitAMONttm�ptofwbith fahrnUyaonowledged, GROnCIR A.XON%A MaM04 Upas Ads solomuttwparateproperty as to an nadOlded 401/6 and M X;, Ai&pasktetl WOMU 8WO slid se¢rtyYtaaoundividod2MandYOSMOFUR,AMreMan asbig sale and mp?ratePoverty aktosiwddMded30%rc llAYNGDs8NA Marded Man as lass cele aid separsto ptaperty =0 an nndWided iQYo, of d(eprdpertyiaiarest„ , heNbyGRAN1Mto MAMAYTM4 NA1NGt A MakrfedWcxnarl as her sole and separate property dtefoAovring descr3bedmsl property in tha Comt>;y of OranQea StateofCaNXamia: 90 MMUT"A"ATTACAMlo 7W='ra AM MADS APART Mt? MOV, C.ominadyatupwa M,1113 S, STA,NnAIW AVE:NUD, SANTAANA' CA S27o1 .. ATN..oI'1»»25E-17so11�258-18, gAd�5A-L%t 61FA-232-20, OA1-251.3& and ot1�'S$39 SCOSRiO'NUS� DAN1rtltNrsUy76N — -_ vAwapms vrl tomtmhs hdeddasstha of sutisl§cl evttteuaa tri be Waparaun(s} whose.aame(a} latera suUaan'had to 4�,a_w. Fedn tashumcue ¢ad eokmwTeAga�1 to me That in 1 whftRh*amhatized oapoeriy(ire}, cad runt try his/lter/Welrslgnsnm:(sj on dmiasnucnoarthepeistm(s}..orft mkVry epoo hahatr arwl,iektlA+pafaon(s)ao9ari, axactdad tfi@iamuamant . 1.ce61'yaadarri7alOAL'tYDIP�IRPUAY order Wo laws u}"ttaswie e£Coltlhmirt0iat dtaioregaftry; nnyjaph ts.VNosnAaoe¢ot. W11.NP,SBvyhaad andaatat eeaL 7550CA {9# 1.6 . Q14111q. §9 20 98, yt Bipwa+ro, tiA RANOE1GCOtUNTYNtA 7 CO&tM. EXPIRES Nov..1 '20 a" lJ MAMTAXSTA7TM17N9'ST6: SArMASABOVBorAddtmss Notediletow �^ a"�r°s^o•vca Nowa •••'••'�.• Strunfuldmss CiW Sfam 'SRFt Vlolml'omfGa 75A-28 EXHIMT "E}° GENERAL ESCROW PROVISIONS All disbursements shall be made by.Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and maybe transferred to any other general escrow account or accounts, The expression "close of esorow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow, You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the. lender or lenders, the real estatebroker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this. escrow or the rights of any of the parties hereto; or any money or property deposited herein affectedhereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings .for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees; suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by your, In -the event you file a suit in interpleader; you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason fiends are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than 910.00 per month. Time is declared to be the essence of these instructions, If youarc, unable to comply withinthe time specified herein, and suoh additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization, Any amendment of and/or supplement to any instructions must be in writing. The parties agree to exchange the properties herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction, 17 75A-29 75A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR THE HENINGER VILLAGE APARTMENTS AND RESOLUTION APPROVING THE ISSUANCE OF BONDS (STRATEGIC PLAN NO. 5, 3) INTERIM TY MANAGER) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Statewide Communities Development Authority for the benefit of Heninger 2016 LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 58 -unit multifamily rental housing project generally known as Heninger Village Apartments. 2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $14,000,000, for the benefit of Heninger 2016 LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 58 -unit multifamily rental housing project generally known as Heninger Village Apartments. DISCUSSION Heninger 2016 LP (the `Borrower") has requested that the California Statewide Communities Development Authority ("CSCDA") serve as the municipal issuer of tax-exempt multi -family housing revenue bonds in an aggregate principal amount not to exceed $14,000,000 (the 'Bonds"). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, rehabilitation, improvement and equipping of a 58 -unit affordable multifamily housing rental project located at 200 South Sycamore Street, Santa Ana, California (the "Project"), which will be owned and operated by the Borrower. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Ana ("City") must conduct a Tax Equity and Fiscal Responsibility Act public hearing (the "TEFRA Hearing") providing the members of the community an opportunity to speak in favor of or against the use of tax- exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Service Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental 7513-1 TEFRA Public Hearing for Heninger Village Apartments August 15, 2017 Page 2 unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on July 31, 2017 (Exhibit 1). On August 2, 2016, City Council conducted a TEFRA hearing in consideration of the issuance of tax exempt bond financing by the California Statewide Communities Development Authority for the benefit of Heninger 2016 LP and adopted a resolution approving the issuance of bonds. However, the project is expected to close on their financing after August 1, 2017 which is when the prior TEFRA approval expires. TEFRA approvals are only valid for one year and the prior hearing was held on August 2, 2016. Therefore, staff is requesting City Council to approve the same resolution as on August 2, 2016, to allow the project to have a valid TEFRA approval at the time of their closing. California Statewide Communities Development Authority CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 500 members, including the City of Santa Ana. CSCDA has issued more than $54 billion through 1,400 plus financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount. The Bonds to be issued by CSCDA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Sustainability), Objective 3 (Facilitate diverse housing and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Corte Acting Executive Director Community Development Agency Exhibits: 1. Public Notice 2. Resolution (Community Health, Livability, Engagement & opportunities and support efforts to preserve 75B-2 ORANGE COUNTY REPORTER —SINCE 1921 — 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 LAUREN SOMMERHAUSER ORRICK, HERRINGTON & SUTCLIFFE LLP 405 HOWARD ST SAN FRANCISCO, CA -94105 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California j County of ORANGE ) as Notice Type: HRG - NOTICE OF HEARING Ad Description: HEARING - ISSUANCE OF MULTIFAMILY HOUSING 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: 07/31/2017 Executed on: 07/31/2017 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Email II IA I 0 I 0 I 01 0t 0I 4 II5I I1 III I I 6 l I1 I B'3 This space for filing stamp only 01 3035752 NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR HENINGER VILLAGE APARTMENTS NOTICE IS HEREBY GIVEN that, at is m., or es soon thereafter re the n radial revenue bonds In one or more series issued from time to time, including bondsissued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $14,000,000 in outstanding aggregate principal amount, to finance the acquisition and rehabilitation of a 58 -unit senior multifamily rental housing project located at 200 S. Sycamore Street, Santa Ana, California. The facilities are to be owned byy Henninger 2018 LP (the "Borrowe/'J or a partnership created by KDF Communities LLC (the "Developer), consisting at least of the Developer or a related person to the Developer and one or more limited partners, operated by VPM Managemant Inc., and are generally known as Heninger Village Apartments (the 'Project'). Those wishing to comment on the proposed financing and the nature and location of the Project may either appear in parson at the public hearing or submit written comments, which must be received by the City prior to the hearing, written comments should be sent to City of Santa Ana at 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92702, Attention: City Clerk. CITY CLERK City of Santa Ana Dated: July 31, 2017 7/31/17 OR43035752# Exhibit 1 75B-4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE HENINGER VILLAGE APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Santa Ana (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Heninger 2016 LP or a partnership created by KDF Communities LLC (the "Developer"), consisting at least of the Developer or a related person to the Developer and one or more limited partners, has requested that the Authority adopt a plan of financing providing for the issuance of multifamily housing revenue bonds (the "Bonds") in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $14,000,000 in outstanding aggregate principal amount, to finance the acquisition and rehabilitation of a 58 -unit senior multifamily rental housing project located at 200 S. Sycamore Street, Santa Ana, California, generally known as Heninger Village Apartments (the "Project") and operated by VPM Management Inc,; and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(1) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City of Santa Ana (the "City"); and WHEREAS, on August 2, 2016, the City Council conducted a TEFRA hearing in consideration of the issuance of tax exempt bond financing by the Authority for the benefit of the Developer and adopted a resolution approving; the issuance of bonds; and Exhibit 2 75B-5 WHERAS, TEFRA approvals are only valid for one year and the project is expected to close on their financing after August 1, 2017, which is when the prior TEFRA approval expires, so a new TEFRA hearing and approval is required; and, WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public heating regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 1470 of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement; provided, however, that this Resolution shall not constitute an approval by the Council of the Project for any other purposes, including compliance thereof with CEQA, nor does it constitute an approval of the underlying credit or financial structure of the Bonds. The City shall not bear any responsibility for the issuance of the Bonds, the tax-exempt status of the Bonds, the repayment of the Bonds or any other matter related to the Bonds. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby, Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; or (iii) make any contribution or advance any funds whatsoever to the Authority. 75B-6 Section 5, ADOPTED this This resolution shall take effect immediately upon its passage. day of August, 2017, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. al City Eytto}%4 Ryan 0. odge Assistan ity At AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY 1, 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 August 12017, Date: Clerk of Council City of Santa Ana 75B-7 75B-8