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FULL PACKET_2020-07-21
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AN AGREEMENT ACCEPTING U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 20 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM GRANT FUNDS IN THE AMOUNT OF $368,136 (NON -GENERAL FUND) /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $368,135 in U.S. Department of Justice, Office of Justice Programs Bureau of Justice Assistance (BJA) FY 20 Coronavirus Emergency Supplemental Funding (CESF) Program grant funds in the CARES Act-CESF revenue account (no. 17514002-52000) and appropriate same to the CARES Act-CESF PD expenditure account (no. 17514400 - various). 2. Authorize the City Manager to execute the attached award document, including award conditions with the U.S. Department of Justice, Office of Justice Programs accepting $368,135 in U.S. Department of Justice, Bureau of Justice Assistance (BJA) FY 20 Coronavirus Emergency Supplemental Funding Program grant funds to provide emergency funding for the City's response to the coronavirus pandemic for a two-year period, January 20, 2020 through January 31, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 30, 2020 The U.S. Department of Justice, Office of Justice Programs, solicited applications for the Bureau of Justice Assistance (BJA) FY 20 Coronavirus Emergency Supplemental Funding (CESF) Program to assist eligible states, local units of government, and tribes in responding to the coronavirus pandemic. On May 21, 2020, the Santa Ana Police Department applied for the CESF Program grant and was successful in obtaining funding in the amount of $368,135 (Exhibit 1). 20A-1 Department of Justice - CESF Program Grant July 21, 2020 Page 2 All funds awarded under the CESF Program will be utilized to prevent, prepare for, and respond to the coronavirus. CESF funding will be used to provide additional personal protective equipment (PPE), cleaning and disinfecting supplies, enhanced janitorial disinfecting contract services, hand sanitizer, Emergency Operations Center (EOC) improvements, and other personnel overtime, equipment, supplies, and services necessary to address the COVID-19 pandemic in the City of Santa Ana. FISCAL IMPACT The appropriation adjustment will recognize grant revenue in the amount of $368,135 in the CARES Act-CESF revenue account (no. 17514002-52000) and appropriate same to the CARES Act-CESF PD expenditure account (no. 17514400 - various). Funds will be expended as follows: Accounting Unit- Accounting Unit, Account Fiscal Year Account # Description Amount FY 2019-20 17514400 - various CARES Act-CESF PD $368,135 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: David Valentin, Chief of Police - Police Department Exhibit: 1. Award Document and Conditions from U.S. DOJ, Office of Justice Programs 20A-2 Exhibit 1 Department of Justice (DOJ) Office of Justice Programs A � Office of the Assistant Attorney General woshingrm D.C. 20531 May 28, 2020 Ms. Kristine Ridge City of Santa Ana 20 Civic Center Santa Ana, CA 92701-4058 Dear Ms. Ridge: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Santa Ana for an award under the OJP funding opportunity entitled "BJA FY 20 Coronavims Emergency Supplemental Funding Program." The approved award amount is $368,135. These funds are for the project entitled BJA FY 20 Coronavirus Emergency Supplemental Funding Program. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore[LegalNotices-AwardRegts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, DIP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staffknow the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Santa Ana accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Linda Hill -Franklin, Program Manager at (202) 514-0712; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, I Akvu,1 Katharine T. Sullivan Principal Deputy Assistant Attorney General Encl. 20A-3 Department of Justice (DOJ) Office of Justice Programs 0 Office of Civil Rights Washington, DC2053I May 28, 2020 Ms. Kristine Ridge City of Santa Ana 20 Civic Center Santa Ana, CA 92701-4058 Dear Ms. Ridge: Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OV W) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.him Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.A. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, a Michael L. Alston Director cc: Grant Manager Financial Analyst 20A-4 Department of Justice (DOJ) Office of Justice Programs PAGE I OF 16 Bureau of Justice, Assistance Grant I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Santa Ana 20 Civic Center 4. AWARD NUMBER: 2020-VD-BX-0949 5. PROJECT PERIOD: FROM 01/20/2020 TO 0P31,2022 Santa Ana, CA 927014058 BUDGETPERIOD: FROM 01/20/2020 TO 01/31/2022 6. AWARD DATE 05/28/2020 8. SUPPLEMENT NUMBER 7. ACTION Initial 2a. GRANTEE IRSNENDOR NO. 956000785 00 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $ 0 083153247 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 368,135 B1A FY 20 Coronavims Emergency Supplemental Funding Program 11. TOTAL AWARD $ 368,135 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGES). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.034 - Coronavims Emergency Supplemental Funding Program 15. METHOD OF PAYMENT GPRS AGENCYAPPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T. Sullivan Kristine Ridge Principal Deputy Assistant Attorney General City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. VVDUGT0971 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB, POMS AMOUNT X B VD 80 00 00 368135 O1P FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 (REV.4-88) 20A-5 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION s Bureau of Justice Assistance SHEET PAGE 2 OF 16 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S.. Department of Justice ("DOP) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("ON") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/Lega]Notices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be appliedwith a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. OJP FORM 4000/2 (REV. 4-88) 20A-6 Department of Justice (DOJ) Office ofJustice Programs AWARD CONTINUATION i € Bureau of Justice Assistance SHEET PAGE 3 OF 16 0 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/2a/2020 SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements') apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOI on December 26, 2014, If this FY 2020 award supplements funds previously awarded by OR under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OR awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgramee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OR that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOI Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OR website (currently, the "DOJ Grants Financial Guide' available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOI Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. OJP FORM 4000/2 (REV. 4-88) 20A-7 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 16 i6 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05,28/2020 SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed. an "OJP financial management and grant administration training" by 120 calendar days after -- (I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(t), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and most comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or O V W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (REV.4-88) 20A-8 aq Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET v PAGE 5. OF 16 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28i2020 SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (REV. 4-88) 20A-9 Department of Justice (DOJ) Office of Justice Programs I ; AWARD CONTINUATIOD " I Bureau of Justice Assistance SHEET "PAGE Q OF 16 Grant PROJECTNUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award I. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Forth I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfinnation" or a "Final Nonconfinnation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV. 4-89) 20A-10 Department of Justice (DOJ) Office of Justice Programs + 1 1AWARD CONTINUATION j q Bureau of Justice Assistance j SHEET PACE 7 OF 16 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28R020 SPECIAL CONDITIONS any person or other entity, to violateany federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.govQ or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information (Pll) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures most include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") most have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https:Hojp.gov/funding/Explore/SubawardAuthofzation.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. DIP FORM 4000/2 (REV. 4-88) 20A-11 ! Department of Justice (DOD V Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 8 OF l6 6 Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.A. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs - To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4.88) 20A-12 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE v OF 16 Grant I PROJECTNUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DIP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, most comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.httn (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOI funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be tamed out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding(Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOI definition of conferences and the rules applicable to this award appears in the DOI Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DIP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGmntees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) 20A-13 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 16 i Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or O V W, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or O V W, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.A. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at hdps://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Par[ 38, under a-CFR "current' data. OJP FORM 4000/2 (REV. 4-88) 20A-14 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION j Bureau of Justice Assistance SHEET PAGE a OF 16. Grant i PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 tr�xynJrrr�.v.�rrmrcy 24. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/EY2OAppropriatiomRestrictiom.htm,and-we-incorporated-bys ference-here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the DID by--([) online submission accessible via the OIG webpage at https://oig.justice.gov/hottine/contact-grants.htm (select "Submit Report Online'); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ CIO website at https://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) 20A-15 41199MINk. Department oFJustiee (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET i PAGE 12 OF Ib i Grant PROTECT NDMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it leams or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption on such obligations only if expressly authorized to do so by that agency. Cup FORM 4000/2 (REV. 4-88) 20A-16 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE a OF 16 a Grant PROTECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPEC/AL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or O V W, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OR by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure most include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 3 L Signing Authority This award must be signed by an authorized official of the applicant State, local, or tribal government, on behalf of that applicant State, unit of local government, or Tribe, unless the applicant designates an organizational unit to apply on its behalf. For example, if designated by a unit of local government, a Police Department or Sheriffs Office (or similar agency) may apply on behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as the organizational unit on the SF-424. In that case, the head of the designated organizational unit (such as a Police Chief or Sheriff) may sign the award. Documentation of the designation by the appropriate governing body must be retained by the grant recipient. 32. The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law (Public Law It 6-136) includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this award. In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and responding to the coronavirus national emergency, OR will provide notice of any additional CESF program -specific grants administrative requirements on an award page, accessible at https://www.ojp.gov/funding/explore/CESF- program-specific-condition, that is incorporated by reference here. DIP FORM 4000/2 (REV. 448) 20A-17 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION ax Bureau of Justice Assistance SHEET PAGE i4 OF 16 t i Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 33. The recipient agrees to comply with ON grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 34. FFATA reporting: Subawards and executive compensation The recipient most comply with applicable requirements to report first -tier subawards ("subgrams") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees') of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 35. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 36. Use of program income Program income (as defined in the Part 200 Uniform Requirements) most be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 37. Justice Information Sharing Recipients are encouraged to comply any information -sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) is encouraged to conform to. the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_rantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information. 38. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity. OUP FORM 4000/2 (REV. 4-88) 20A-18 Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION a Bureau of Justice Assistance SHEET PAGE 15 OF 16 t Grant PROJECTNUMBER 2020-VD-BX-0949 AWARD DATE 05/28/2020 SPECIAL CONDITIONS 39. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year Hood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/ or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at htlps:/ / bja.gov/ Funding/ nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 40. Establishment of interest -bearing account If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish an interest -bearing account dedicated specifically to this award. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The award funds, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Coronavirus Emergency Supplemental Funding (CESF) program . The recipient also agrees to obligate the award funds in the account(including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41. Expenditures requiring prior approval No funds under this award may be expended on individual items costing $500,000 or more, or to purchase Unmanned Aerial Systems (GAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UAV) without prior written approval from BJA. Prior approval must be obtained post -award, through the submission and approval of a Grant Adjustment Notice (GAN) through OJP's Grant Management System (GMS). DIP FORM 4000/2 (REV.4-88) 20A-19 Department of Justice (DOJ) Office of Justice Programs? a ` ' Bureau of Justice Assistance a AWARD CONTINUATION' SHEET Grant PROJECT NUMBER 2020-VD-BX-0949 AWARD DATE 05,2&2020 SPECIAL CONDITIONS PAGE 16 OF 16 42. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after January 20, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding. conditions are removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds. 43. Use of funds for DNA testing; upload of DNA profiles If award funds are used For DNA testing of evidentiary materials, any resulting eligible DNA profiles most be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non- govemmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 44. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic - resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. OJP FORM 4000,2 (REV.4-88) 20A-20 Department of Justice (DOJ) ' Office of Justice Programs - a Bureau of Justice Assistance Wmhingmn, D.0 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for City of Santa Ana The Coronavirus Emergency Supplemental Funding (CESF) Program allows eligible states, local units of government, and tribes to support a broad range of activities including preventing, preparing for, and responding to the coronavirus. All recipients of CESF funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a sub -grantee or third parry. BJA's expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. If, however, award funds are proposed to be used for any of the enumerated projects or activities above, grant recipients must contact their grant manager, and receive written approval prior to commencing that project or activity. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for BJA. 20A-21 Department of Justice (DOJ) GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance i .�.« Grant PROJECT NUMBER PAGE I OF I 2020-VD-BX-0949 I This project is supported under FY20BUA-CESF) Pub. L. No. 116-136, Div. B:28 U.S.C. 530C I. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Linda Hill -Franklin Robert Carroll (202) 514-0712 Police Administrative Budget Manager 60 Civic Center Santa Ana, CA 92701-6040 (714)245-8135 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS BJA FY 20 Coronavirus Emergency Supplemental Funding Program ON REVERSE) 4. TITLE OF PROJECT BJA FY 20 Coronavims Emergency Supplemental Funding Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Santa Ana 20 Civic Center Santa Ana, CA 92701-4058 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 01/20/2020 TO: 01/31/2022 FROM: 01/20/2020 TO: 01/31/2022 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 368,135 05/282020 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Coronavims Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavims. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitize[), training, novel expenses (particularly related to the distribution of resources to the most impacted amas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers. NCA/NCF OJP FORM 40002 (REV. 4-88) 20A-22 ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO �. �1r r 1J Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police 20A-23 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: AMEND AGREEMENTS WITH GK & ASSOCIATES, INTERWEST CONSULTING GROUP, INC., PENCO, PROJECT PARTNERS, INC., AND TRANSTECH ENGINEERS, INC. TO INCREASE THE SHARED CONTRACT AMOUNT BY $2,600,000 FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR A NEW TOTAL AMOUNT NOT TO EXCEED $6,000,000 (GENERAL FUND & NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute amendments to the agreements with the firms listed below to increase the shared contract amount by $2,500,000, for a total shared aggregate amount not to exceed $5,000,000, for engineering, technical, and administrative support services for the remaining term of the agreement, beginning July 21, 2020, through July 15, 2024, including the two-year renewal option, if needed, subject to non -substantive changes approved by the City Manager and the City Attorney: 1. GK & Associates 2. Interwest Consulting Group, Inc. 3. Penco, a Cannon Company 4. Project Partners, Inc. 5. Transtech Engineers, Inc. DISCUSSION Along with overseeing all aspects of civil engineering for capital improvement projects, including managing project design and construction, the City of Santa Ana Public Works Agency also supports citywide development and utility permit -related services. Public Works contracts with consultant firms to provide temporary staffing to perform a variety of these tasks including processing permits and the design, management, and inspection of construction of projects. Public Works currently has 62 full-time vacancies and 35 part-time vacancies, which the Agency is unable to fill due to the City's hiring freeze. Additionally, the Agency is experiencing an increased workload as new programs are being implemented. In order to adhere to time -sensitive project delivery schedules, keep pace with projects and programs, particularly those involving grants and/or restricted funding, and to continue providing services in support of development activity that 25A-1 Amend the Aggregate Limit for On -call Support Services Agreements July 21, 2020 Page 2 exceeds staff capacity during peak periods, increased contract capacity is needed to temporarily augment staffing. On July 16, 2019, the City Council approved agreements with the following five consultants for on - call engineering, technical, and administrative support staffing services in a shared aggregate amount not to exceed $2,500,000 for a five-year period; GK & Associates, Interwest Consulting Group, Inc., Penco, a Cannon Company, Project Partners, Inc., and Transtech Engineers, Inc (Exhibits 1-5). Due to the ongoing vacancies and increased development activity, the agreement capacity is being consumed at a higher rate than expected; therefore, increased contract capacity is needed. The added capacity of the contracts will be reduced once grant -funded vacancies are filled or when development activity slows. 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 and Management Services Agency's 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. Funds will be budgeted and available for expenditure for the remaining agreement term in the following Public Works Contract Services -Professional Accounts: City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Street Light Maintenance 01117630-62300 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 SARTC Operations 06717650-62300 Building Maintenance 07317100-62300 Fleet Maintenance 07517100-62300 Stores and Property Control 07617102-62300 City Yard Operations 08517138-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 25A-2 Amend the Aggregate Limit for On -call Support Services Agreements July 21, 2020 Page 2 CIP Project Funding I Various Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibits: 1. First Amendment to Agreement with GK & Associates 2. First Amendment to Agreement with Interwest Consulting Group, Inc. 3. First Amendment to Agreement with Penco, a Cannon Company 4. First Amendment to Agreement with Project Partners, Inc. 5. First Amendment to Agreement with Transtech Engineers, Inc. 25A-3 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS (GK & ASSOCIATES) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 21, 2020, by and between EC&AM Associates, Inc. dba GK & Associates ("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. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-04, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under REP No. 19-045. The total compensation for services provided by all consultants selected under REP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through July 15, 2022, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. 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. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Page 1 of 2 25A-4 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:. Min M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: Title: Page 2 of 2 Ghazala Khan President 25A-5 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ENGINEERING, TECIINICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS (INTERWEST CONSULTING) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 21, 2020, by and between Interwest Consulting Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-02, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under REP No. 19-045. The total compensation for services provided by all consultants selected under REP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through July 15, 2022, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. 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. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Page 1 of 2 25A-6 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: *�,. -f k, m M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: ny Roc igue, PE, TE Title: President Page 2 of 2 25A-7 EXHIBIT 3 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS (PENCO) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 21, 2020, by and between Penco, a Cannon Company ("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. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-03, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under REP No. 19-045. The total compensation for services provided by all consultants selected under REP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through July 15, 2022, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. 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. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Page 1 of 2 25A-8 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: /s'. -f�L hn M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Title: Page 2 of 2 Director, Public Infrastructure 25A-9 EXHIBIT 4 PUBLIC WORKS PROJECTS (PROJECT PARTNERS) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 21, 2020, by and between Project Partners ("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. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-01, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through July 15, 2022, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. 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. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Pagel of2 25A-10 APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: 'Y,--f.w. Jd6n M. Funk Namc. w.' L.uc c— Assistant City Attorney Title: . RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 2 of 2 25A-11 EXHIBIT 5 THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 21, 2020, by and between Transtech Engineers, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-05, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through July 15, 2022, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. 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. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Page 1 of 25A-12 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By 4 l� JdKn M. Funk Assistant City Attorney FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT iv jL�%L%/� /. • �� Page 2 of 2 25A-13 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: APPROVE AN AGREEMENT WITH CLINICAL LABORATORY OF SAN BERNARDINO, INC. FOR WATER QUALITY SAMPLING AND TESTING SERVICES FOR UP TO FIVE YEARS IN AN AMOUNT NOT TO EXCEED $386,000 (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For 1061►111►Is] g911C4V FILE NUMBER Authorize the City Manager to execute an agreement with Clinical Laboratory of San Bernardino, Inc., to provide water quality sampling and testing services for a three-year period beginning July 21, 2020, and expiring July 20, 2023, with a provision for one two-year extension exercisable by the City Manager and City Attorney, for an annual amount not to exceed $77,000, for a total amount not to exceed $385,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's Public Works Agency, Water Resources Division administers and maintains the City's public water system which provides high quality drinking water to the residents and businesses of Santa Ana. The California State Water Resources Control Board, in accordance with Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations", enforces the primary and secondary drinking water standards for public water systems. The City, as a public water system, must comply with these drinking water standards which require testing of the City's water system by a laboratory accredited through the California Environmental Laboratory Accreditation Program. On May 18, 2020, the City advertised Request for Proposal (RFP) No. 20-014 on the City's online bid management and publication system, Planet Bids, to solicit proposals from qualified, state - approved laboratories to perform the water quality testing required. Three proposals were received and evaluated by a selection committee based on criteria outlined in the RFP. The composite ratings and fees are as follows: 25B-1 Approve Agreement for Water Quality Sampling and Testing July 21, 2020 Page 2 Consultant Rating Fee Clinical Laboratory of San Bernardino, Inc. 1 $61,816 Babcock Laboratories, Inc. 2 $68,498 Sierra Analytical Labs, Inc. 3 $92,450 Staff recommends awarding a contract to Clinical Laboratory of San Bernardino, Inc., based on their high rating, competitive pricing, and excellent service record (Exhibit 1). The proposal contained a clear path toward achieving City goals and objectives as required by the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Amount -Account No. No. Description FY 2020-21 06017644-62300 Water Water Quality, Contract $77,000 Services- Professional FY 2021-22 06017644-62300 Water Water Quality, Contract $77,000 Services- Professional FY 2022-23 06017644-62300 Water Water Quality, Contract $77,000 Services- Professional Renewal Option (Two-year Term) FY 2023-24 06017644-62300 Water Water Quality, Contract $77,000 Services- Professional FY 2024-25 06017644-62300 Water Water Quality, Contract $77,000 Services- Professional TOTAL EXPENDITURES: $385,000 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibit: 1. Agreement with Clinical Laboratory of San Bernardino, Inc. 25B-2 EXHIBIT 1 AGREEMENT TO PROVIDE WATER QUALITY SAMPLING AND TESTING SERVICES THIS AGREEMENT is made and entered into this 21 st day of July, 2020 by and between Clinical Laboratory of San Bernardino, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 18, 2020, the City issued Request for Proposal No. 20-014, by which it sought a qualified consultant to provide water quality sampling and testing services for the Water Resources Division of the Public Works Agency. B. Consultant submitted a responsive proposal 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. 20-014. 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: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in REP No. 20-014 and that is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $77,000. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on July 20, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAH,ING 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 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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. (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� 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. 1►11 a 1►I y I ► 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 subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. 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) Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency 2 -1 City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Clinical Laboratory of San Bernardino 21881 Barton Road Grand Terrace, CA 92313 Attn: Bob Glaubig, Laboratory Director 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 timeframes, 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 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. 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. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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-DISCRINIINATION 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. 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. eY y 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4 IK*< -t"L n M. Funk Assistant City Attorney FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Iry Name: Bob Glaubig Title: Laboratory IMctor Page 8 of 8 25B-10 EXHIBIT A APPENDIX ATTACHMENT 1: SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Quality Sampling & Testing Services. The City of Santa Ana requests the services of an analytical laboratory to provide timely, high - quality analytical analysis of the City's domestic water system. Analysis shall be in accordance with "Standard Methods", Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations", and Code of Federal Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead & copper, nitrate/nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes. The City has 50 designated sample sites. All routine water samples will be drawn from these sites. In addition, the City has 10 designated sample sites for Fluoride analysis. Non -routine water samples will be collected by the City in specially prepared bottles provided by the consultant to be collected and tested by the consultant. A. IMPLEMENTATION City staff shall have the right to modify, reduce, or delete the services as needed by City. BACTERIOLOGICAL QUALITY (i) Routine: Samples shall be collected by the Consultant, in appropriate sterilized bottles to which a chlorine reducing agent has been properly added, on a weekly basis at 50 designated sample points. Total coliform analyses are to be conducted using either the multiple tube fermentation method analyzing a minimum of 100-ml of water either with using 5- tube 20-ml portions or 104ube 10-ml portions, the membrane filter technique, the presence/absence (P-A) coliform test, or the minimal medium (Coliform) test. Reporting of positive samples shall be based on the presence or absence of coliforms in each sample rather than an estimation of coliform density. Upon detecting that either a routine or repeat sample is either total coliform or fecal coliform positive, or a sample is invalidated due to interference problems, the Consultant shall notify the City within twenty-four hours. To complete the notification, consultant must contact a live individual. The appropriate contact person for the City is the Water Services Quality Supervisor at (714) 305-4798 or the Principal Engineer at (714) 673-3408. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647-3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend or holiday, the Water Services Quality Supervisor at (714) 305-4798; if unavailable contact Principal Civil Engineer at (714) 673-3408. In addition, a copy of the City's Emergency Notification Plan will be provided and reviewed with the City ofUR-a420-014 Water Quality Sampling & Testing Services Consultant, prior to commencement of services. Thereafter, an updated City Emergency Notification Plan will be provided to Consultant by the City Representative. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the State Water Resources Control Board — Division of Drinking Water Duty Officer at (800) 852-7550 or (916) 845-8911. Upon detecting that a routine or repeat sample is total coliform positive, the Consultant shall perform a fecal coliform test. The Consultant shall, within twenty-four hours after notifying the City that a single routine sample is total coliform positive, collect three repeat samples. One shall be from the same total coliform positive sample point. The other two locations shall be determined by the City, one to be located within five service connections upstream and the other within five service connections downstream of the total coliform positive sample point. If total coliforms are detected in any repeat sample, the Consultant must within twenty-four hours, after notifying the City that a repeat sample is total coliform positive sample, collect another set of repeat samples from the same locations. (ii) Water Mains or System Repairs: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent had been properly added. Sampling may consist of two samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The Consultant shall notify the City of the results by fax within four hours of the completion of the test. (iii) Wells: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling shall consist of twenty samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. (iv) Customer Complain f: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. :I4il4:Tell tK0101[6j:jAGrt=Pd6l1liIll I Routine: samples shall be collected by the Consultant in appropriate sterilized bottles to which a chlorine reducing agent has been added on a weekly basis at the same time and at the same 50 designated sample points. Consultant shall use the necessary dilutions to report the results at concentrations up to 500 colony forming units per milliliter. TOTAL CHLORINE RESIDUAL Routine: samples shall be field analyzed by the Consultant on a weekly basis at the same time and at the same 50 designated sample points. DPD method of analysis and the reading shall be made by the means of a colorimeter. Color disc is not acceptable. Results must be reported to 0.1mg/I. Colorimeter must be calibrated per the City ofUR-IF220-014 Water Quality Sampling & Testing Services 7. 10. manufacturer's requirements. Documents showing the calibration shall be provided upon request. GENERAL PHYSICAL QUALITY (i) Routine: the Consultant shall collect Samples in appropriate sample bottles on a monthly basis at the 50 designated sample points. The analysis shall consist of turbidity, odor, color, field pH, and temperature. (ii) Customer Complaint: Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The analysis shall consist of turbidity, odor, and color. GENERAL MINERAL Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up the Consultant at the City Corporate Yard Meter Shop within twenty-four hours of notification. Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twenty-four hours of notification. TRIHALOMETHANES The City shall collect samples in specially designed sample vials containing a chlorine reducing agent and sealed with TFE-faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. HALOACETIC ACIDS The City shall collect samples in specially designed sample vials containing crystalline NH4CI, which converts free chlorine to a combined chlorine residual and sealed with TFE- faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. Samples shall be collected by the City in specially prepared sample bottles and shall consist of six nitrate samples on a monthly basis and an additional six samples on a quarterly basis. Nitrite samples shall consist of nine samples on a semi-annual basis. The Consultant shall pick up samples at the City Corporate Yard's Meter Shop within twelve hours of notification. Upon detecting nitrate level above the MCL of 10 mg/I as N is exceeded, the Consultant shall notify the City within twenty-four hours. To complete the notification consultant must City ofUR4320-014 Water Quality Sampling & Testing Services contact a live individual. The appropriate contact person for the City is the Water Services Quality Supervisor at (714) 305-4798 or the Principal Civil Engineer at (714) 673-3408. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647-3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the Water Services Quality Supervisor may be contacted at (714) 305-4798 or Principal Civil Engineer at (714) 673-3408. In addition, a copy of the City's Emergency Notification Plan will be provided and reviewed with Consultant, prior to commencement of services. Thereafter, City's Emergency Notification Plan will be provided to Consultant on an annual basis by the City's Representative. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Orange County Environmental Health Office at (714) 433-6000. 11. FLUORIDE B. REPORTS Samples shall be collected by the Consultant, in appropriate sterilized bottles on a monthly basis at 10 designated sample points. The Consultant shall provide the following information within seven days of the completion of each analysis: (i) Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. (ii) Date of report. (iii) The analytical method used. (iv) The name, date, and time of sampling and identification of the person who collected the sample. (v) Identification of the sample as a routine, repeat, replacement, or "other" sample when appropriate Chain of Custody: The Consultant shall provide to the City chain of custody forms for each sample collected by the City, when the Consultant provides the necessary sample container. City ofUR-140-014 Water Quality Sampling & Testing Services EXHIBIT B June 03, 2020 Rodolfo Rosas, P.E. Public Works Agency City of Santa Ana 215 South Center Street Santa Ana, CA 92703 RE: Water Quality Sampling & Testing Services — RFP 20-014 Clinical Laboratory of San Bernardino, Inc. appreciates the opportunity to submit a bid for the City of Santa Ana Water Quality Sampling & Testing Services — RFP 20-014. Enclosed please find our proposal for the sampling, pickup and testing of requested samples as required by the City of Santa Ana's Title 22 State of California water quality monitoring regulations. The requirements and costs expressed in this proposal will remain in effect through the initial and possible contract extensions periods; through 2025. All proposal specifics, offers, or changes can be authorized by either myself, Bob Glaubig, Laboratory Director or Melinda Furnas, President/Owner. As your current vendor, we hope to maintain our 25 plus year relationship with the City of Santa Ana, and continue to provide the same quality sampling and testing service. Thank you. Sincerely, Bob Glaubig Laboratory Director Clinical Laboratory of San Bernardino, Inc. California ELAP Number 1088 California Corporation C0537386 25B-15 Clinical Laboratory of San Bernardino, Inc Water Quality Sampling & Testing Services Request for Proposal Response RFP No. 20-014 for City of Santa Ana Due: June 04, 2020 at 4:00 pm 25B-16 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693Eax (909)825-7696 ELAP Number ]088 Clinical Laboratory of San Bernardino, Inc Water Quality Sampling & Testing Service Request for Proposal Response / City of Santa Ana / RFP No. 20-014 Table of Contents Proposal Compliance Summary ............................................... Page 1 Statement of Qualifications Experience and Qualifications ....................................... Page 2 Professional Personnel .................................................. Page 2 Key Staff Members....................................................... Page 3 WorkFlow Summary ................................................... Page 4 References.................................................................. Page 5 Resumes................................................................................................... Page 6 Clinical Lab Organizational Chart .............................................. Page 13 FeeSchedule.......................................................................... Page 14 References............................................................................................... Page 16 Non -Collusion Affidavit........................................................................ Page 17 Non -Lobbying Certification................................................................. Page 18 Non -Discrimination Certification........................................................ Page 19 California Water Board Certification ELAP Certificate........................................................ Page 21 FLAP Field of Testing Certificate ................................... Page 22 25B-17 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693Eax (909)825- 7696 ELAP Number 1088 Clinical Laboratory of San Bernardino, Inc � Proposal Compliance Summary We have read the proposal requirements, and do state that Clinical Laboratory of San Bernardino, Inc. will comply with all requirements outlined in RFP 20-014. Specific compliance statements requested in the RFP do follow: • We have received Addendum Number One, and meet all minimum qualifications. Proof of Clinical Laboratory ELAP certification is found within this RFP response. Clinical Laboratory is working toward, and will be compliant with, TNI requirements as defined by State of California ELAP, by October 01, 2023. Clinical Laboratory celebrated on 50' years of analytical service to Southern California clients in 2017. We far exceed the minimum 5 years of service with many clients; including the City of Santa Ana. • If chosen, Clinical Laboratory has submitted contract conditions and prices which will remain valid through the initial 3 year and optional 2 year extension. • The Point of Contact for all service, contract, and billing issues will be Tish Bernstein. Tish is the current Project Manager for City of Santa Ana and very knowledgeable of the City of Santa Ana's sampling and testing requirements. In her absence, Bob Glaubig, our Laboratory Director will step in to resolve any issues. • Clinical Laboratory currently has a City of Santa Ana business license, and will maintain this license through the duration of the contract. • Clinical Laboratory currently has insurance covering the City of Santa Ana and will maintain this insurance for the duration of the contract. • Clinical Laboratory concurs with all provisions of the Consultant Agreement as outlined in Attachment 5 of the RFP. Page 1 25B-18 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693Fax (909)825-7696 ELAP Number 1088 asa Clinical Laboratog of San Bernardino, Inc Statement of Qualifications Experience and Qualifications Clinical Laboratory of San Bernardino, Inc., located at 21881 Barton Road in Grand Terrace, California, has been providing quality analytical testing to cities and water districts throughout Southern California since 1968. The laboratory began as a medical lab and soon expanded into the area of water testing. The medical end of the business was dropped many years ago and the laboratory continued, maintaining the Clinical Laboratory name, with a specialty of drinking and wastewater analyses. Clients of Clinical Laboratory include customers ranging in size from large cities and water districts to small mobile home parks. The laboratory works closely with State and regulatory personnel to keep abreast of current regulation changes to help our clients remain in compliance. The California Water Quality Board (FLAP) has certified Clinical Laboratory of San Bernardino, for complete bacteriological testing of potable water and wastewater. Our Microbiology Department performs over 1500 coliform bacteria analyses per week and is one of the largest in the state. Our ELAP certification allows us to do bacteriological analyses by 10 or 15 tube Multiple Tube Fermentation, Colilert Presence/Absence, Quantitray, and Heterotrophic Plate Count The staff of Clinical Laboratory includes chemists and analysts with educational degrees ranging from Bachelor of Science to Master of Science. Professional Personnel Clinical Laboratory of San Bernardino, Inc. hires and retains professional staff, each of which hold degrees pertaining to this industry, therefore we feel all of our staff are an integral part of serving our clients. A brief description of each position we feel are the key(s) to successful completion of analysis programs follows. Laboratory Director The laboratory director oversees the total operations of the laboratory, and assures all aspects of the laboratory analysis, from sample receipt/log-in to final reporting, are both accurate and complete. The laboratory director is also in -charge of all the technical and analytical aspects in the laboratory. Efficient and effective planning capabilities are two important qualities in order to fulfill the primary objectives of the laboratory. Quality Control Manager/Safety Manager Reviews and oversees the quality control and quality assurance aspects of analytical methodologies being performed in the laboratory. Communicates with the laboratory director on QA/QC needs and various factors for improving the efficiency in the laboratory. Quality Control is also in charge of the safety operations. Client Services Manager/Project Manager Our client service manager and his team act as a liaison between the client and the laboratory. They are responsible for all aspects of serving the client. From project initiation, bottle orders, technical Page 2 25B-19 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693 Fax (909)825-7696 ELAP Number 1088 asa Clinical Laboratory of San Bernardino, Inc questions and final reporting/electronic data deliverables. Our client services team makes sure projects flow through the laboratory processes smoothly and assists clients with their questions and monitoring needs. Chemists/Analysts/Laboratory Technicians Our analytical staff perform laboratory analyses using approved standard operating procedures, generating results that are dependable, accurate, and supported by acceptable quality control data. This is accomplished by monitoring the daily quality control acceptance criteria, such as precision and accuracy of data, maintaining logs of instruments, standard preparation log, satisfactory operating conditions, and routine calibration checks. Performing data validation of all results generated; checks and reviews results and quality control is required before passing them to department supervisors for final review. Field Technicians Our field technicians are trained on proper sampling techniques, sample storage, and transportation of samples. We have 5 full time field technicians that have 5-25 years of experience with Clinical Laboratory of San Bernardino, Inc. They are responsible for collecting samples from drinking water distribution sites, drinking water wells, and wastewater treatment plants. Samples are placed in a cooler with blue ice immediately and transported back to the laboratory using chain of custody documentation. Key Staff Members The Clinical Laboratory of San Bernardino, hic. Organization Chart, as seen on page 3, highlights y departments which are critical in success of the City of Santa Ana contract. Bob Glaubig - Laboratory Director In addition to supervising routine laboratory operations as laboratory director, Bob will also be the back up project manager for the City of Santa Ana contract. Should the primary back up manager be out or unavailable, all client inquiries, supply orders, special sample pickups, and report generation will go through Bob. Leticia Bernstein — Project Manager Tish will be the Project Manager, and primary Lab Contact, for all issues involving the City of Santa Ana. All client inquiries, supply orders, special sample pickups, and report generation will go through Tish. Colin Dwyer — Microbiology Department Manager Colin, and his staff we be performing the requested microbiological and general physical analyses for the City of Santa Ana contract. The microbiology staff are responsible for in lab receipt of samples, log in of samples into our in-house laboratory network, entering completed results into the network, and reviewing these results for accuracy. Page 3 25B-20 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693 Fax (909)825-7696 ELAP Number 1088 asa Clinical Laboratory of San Bernardino, Inc Roberto Cabrera — Quality Assurance / Quality Control Manager Roberto is in charge of the overall quality control/quality assurance program which dictates the accuracy and client confidence of the bacteria and general physical results generated by the microbiology department. Roberto is also in charge of our volatile organics department. Stu Styles — Client Services Manager Stu will be the backup, backup contact for supply orders, special sample pickups, and report generation should both Tish and Bob be out for the day. Bryan Blowney — Field Service Manager Bryan will be in charge of arranging sample pickups for the City of Santa Ana contract. Sample pickups, both routine and same day special, will be handled by Bryan and his field staff. Khurshid Ahmed — Inorganic Chemical Department Manager Khurshid is in charge of our inorganics department. Analyses such as metals, anions, and wet chemistry are supervised with in his department. Dean Palmer — Semi -Volatile Compound Department Manager Dean is in charge of our semi -volatile department. Analyses such as haloacetic acids (F1AAs) are supervised with in his department. Work Flow Summary The following outlines the work flow progression for samples analyzed for City of Santa Ana under this contract. Sample Pickup at City of Santa Ana Samples are sampled, or picked up by, our field staff either on a routine schedule or from a special pickup request by the City of Santa Ana staff. Sample counts are made and recorded on the COC. The sample receipt is signed by our staff on site. Samples are placed in our sample coolers containing bagged, wet ice. Samples remain in the plastic tray bags, as received, during transport to the lab. Sample Receipt at Lab Samples are delivered to the lab and received by our microbiology staff or sample receiving staff. The receipt temperature is determined and recorded on the COC. Sample container IDs listed on the COC are compared to containers received. In any issues with receipt temperature, hold time, or sample ID are apparent, the City of Santa Ana primary contact will be notified immediately, either by the microbiology staff or Clinical Lab project manager. All relevant sample information will be logged into the laboratory network. Sample Analysis The microbiology staff will begin all sample analyses within hold time. All microbiology and general physical samples requested through the City of Santa Ana contract will be started on the day of sample receipt. At completion of each analysis, results will be recorded on the bench sheet, and Page 4 25B-21 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693 Fax (909)825-7696 ELAP Number 1088 asa Clinical Laboratory of San Bernardino, Inc entered into the laboratory network. A second member of department, independent of the primary analyst, will review the entered analysis results for accuracy. Project Review and Reporting The project manager will review the network to assure all sample information, such as sample ID, sample date/time, sampler name, field results, and requested analyses have been correctly entered into the laboratory network. Once all samples information and results have been entered and reviewed for accuracy, the report analysis report will be generated and emailed to the requested City of Santa Ana staff members. References We have chosen three reference clients for which Clinical Laboratory performs full service microbiological, general physical, and other Title 22 analyses. All three are located in Orange County, and all three have Tish Bernstein as their Project Manager, City of Santa Ana 215 South Center Street Santa Ana, CA 92703 Contact: Robert Hernandez (714) 647-3316 City of Buena Park P.O. Box 5009 Buena Park, CA 90622 Contact: Mike McGee (714) 562-3701 City of Fountain Valley P.O. 8030 Fountain Valley, CA 92708 Contact Tom Grose (714) 593-4624 Page 5 25B-22 Post Office Box 329 San Bernardino, CA 92402 (909)825-7693 Fax (909)825-7696 ELAP Number 1088 Bob Glaubig Laboratory Director Education/Trainin Bachelor of Science, Soil Science — Cal Poly University, Pomona, CA (1981) Master of Science, Chemistry — University of California, Riverside, CA (1984) Exoerience Summary Thirty years experience conducting both research and applied analyses of water, air, and soil at University, Federal, and commercial levels. Research disciplines have included soil chemistry, air pollution, and applied environmental management. Equipment and techniques utilized include Dionex Ion Chromatography, Perkin Elmer Atomic Spectrophotometry, Technicon automated colorimetry, Hewlett Packard gas chromatography, and High Pressure Liquid Chromotography. Laboratory management skills have included initial set-up for the USDA Forest Fire Laboratory in Riverside, CA which required set-up of instrumentation, design of an in-house QA/QC program, and writing the Laboratory Methods Training Manual. Computer duties have included development and implementation of a computerized chemical inventory system, and development of computer programs which interactively collect and process data from analytical instruments. Mr. Glaubig has been employed at Clinical Lab since 1995 during which time he has been involved in all aspects of the laboratory operation, from Sample Receiving to the processing of final reports. Bob is also expert in Title 22 regulatory requirements and EDT transfers, having worked closely with the State for many years. Page 6 25B-23 Roberto Cabrera Organic Semi-volatiles Chemist / Quality Assurance Manager Education/Trainin Master of Science, Plant Physiology — University of California, Davis Master of Science, Agricultural Science — Cal Poly, San Luis Obispo Experience Summary Chemist —Chemical Waste Management, Modesto CA Performed Gas Chromatography analyses of total petroleum hydrocarbons and volatile organic compounds in water and soil. Inorganic Chemist —Associated Labs, Orange CA Performed analysis, quality control, and data review for ion chromatography methods for water and soil. Organic Chemist — Clinical Lab, Grand Terrace, CA. Semivolatile chemist performing Gas Chromatography analyses of pesticides. Analytical Methods include EPA 507, EPA 508, EPA 515, EPA 525, EPA 531, EPA 547 and EPA 549. Responsible for new method development and certification. Quality Assurance / Quality Control Manager. Page 7 25B-24 Khurshid Ahmed Inorganic Chemist/Supervisor Education/Training Bachelor of Science, Chemistry Master of Science, Analytical Chemistry Experience Summary Analytical Chemist/Supervisor —Applied Engineering & Remediation Laboratories, CA Conducting analyses of water, waste water and hazardous waste for minerals, trace metals and various other inorganic components based on EPA and SW 846 methods. Also responsible for treatment of waste water and hazardous waste, setup, operation, maintenance and troubleshooting of various instruments. Analytical Chemistlinorganic Supervisor —American Environmental Testing Lab, CA Conducting analyses on water, drinking water, soil and other hazardous waste for minerals, metals, trace metals, Chromium VI, Perchlorate and other inorganic components using EPA and SW 846 methods. Analytical Chemistlinorganic Supervisor — Clinical Lab, Grand Terrace CA Supervises all aspects of the Inorganic Division which includes analysis of metals, anions, classical wet chemistry, and wastewater panels. Assures results accuracy through the use of quality assurance samples and analysts training. Responsible for instrument operation techniques and maintenance. Works closely with Quality Assurance Manager on SOP revisions and calibration issues. Page 8 25B-25 Dean Palmer GC/MS Chemist Education/Training Bachelor of Science, Chemistry — California Polytechnic University, Pomona, CA Experience Summary GC/MS Supervisor — Associated Labs, Orange CA Responsible for organizing and directing the affairs of the GC/MS department. Supervising and training of chemists as well as performing volatile, semi -volatile, and air analyses using current and new GC/MS instrumentation. Reviewing data and QC reports along with updating of laboratories SOPs. Also responsible for all minor and major routine maintenance of the instrumentation- GC/MS Chemist — Del Mar Analytical, Irvine CA Responsible for performing volatile, semi -volatile, and air analyses using current and new GC/MS instrumentation. Reviewing data and QC reports along with updating of laboratories SOPs. Also responsible for all minor and major routine maintenance of the instrumentation- GC/MS Chemist — Clinical Lab, Grand Terrace. CA Responsible for performing volatile, semi -volatile, and air analyses using current and new GC/MS instrumentation. Analytical Methods include EPA 525, EPA 552, and TOC (SM5310). Reviewing data and QC reports along with updating of laboratories SOPs. Also responsible for all minor and major routine maintenance of the instrumentation. Page 9 25B-26 Colin Dwyer Microbiology Supervisor Education/Training Bachelor of Science, Environmental Biology - University of California Riverside Experience Summary Microbiology Lead Analyst — Clinical Lab, Grand Terrace CA 8 years lab experience, prepared and setup test for Total Coliform, E. Coli, Fecal Coliform, Heterotrophic Plate Count and Iron related Bacteria. Perform Quality Control to media, bottles and glassware to assure integrity of the tests and prevent contamination. Notify clients of their results within the allotted time and assist them with their questions. Microbiology Supervisor — Clinical Lab, Grand Terrace CA Testing for total and fecal coliforms using enzyme based and biochemical reactions, heterotrophic plate counts, iron related bacteria, and preparing and sterilize media. Review data and QC reports along with updating SOP's. Page 10 25B-27 Leticia Bernstein Project Manager Education/Training Bachelor of Science: Chemistry -Biochemistry - California State University, San Bernardino Experience Summary R&D Chemical Stability Analyst/Lab Trainer - GAR Laboratories, Inc. Formulation & Testing Data analysis, and documentation Data tracking, batch adjustments, testing, creating COAs Lab Trainer QC/QA Chemist - Liquid Technologies, Inc. Supervisor of manufacturing, and compounding staff Batch adjustments, testing, and batch release QC & Micro Lab Supervisor - Panrosa Enterprises, Inc. Developed QC and Micro validation/manufacturing system for company Supervisor of QC, micro, manufacturing, and compounding staff Supervision of all incoming & outgoing raw and finished product Batch adjustments, stability, testing, and batch/product release Project Manager- Clinical Lab, Grand Terrace CA Client Services Data review and reporting Invoicing Scheduling Page 11 25B-28 John Stu Styles Client Services Manager / Project Manager Education/Training Bachelor of Science, Biochemistry — University of California Riverside Experience Summary Technical Superintendent Intern — Smurfit Newsprint Corp., Pomona CA Supervised day-to-day chemical needs for this manufacturer of recycled newsprint. Interacted daily with chemical vendors, checking on orders and verifying deliveries. Maintained daily contact with chemical handlers and machine operators. Designed spreadsheets for record keeping and reports. Field Chemist — Onsite Environments, Torrance CA Provided hazardous waste management and customer service. Interfaced extensively with customers, dealing effectively with project managers, engineers,and other technical personnel. Perform hazardous waste management, lab packing, shipping, recycling, and manifest oversight. Field Supervisor — Onyx Environmental Services, LLC, Azusa CA Provide on -site supervision for environmental and safety activities. Oversee activites of 3-member crew, as well as members of Maintenance and Environmental Health and Safety Departments. Deal extensively with vendors and outside service providers. Manage waste manifests for accurate tracking from point of origin to disposal for waste leaving facility. Client Services Manager—TestAmerica, Ontario CA Worked with clients to provide excellent service for all of their needs. Responsible for data reports, uploading data to DPH's EDT and the EPA CDX server. Also worked as technical director, signing off on analysts' standard operating procedures and initial displays of competence. Responsible for hazardous waste, kept track of all waste streams, manifests also coordinating pickups with waste disposal company. Duties also included site emergency coordinator. Client Services Manager/Sales — Clinical Lab, Grand Terrace CA Responsible for all client service activities. Manages Client Services staff to assure responsible representation to Clinical Laboratory clients. Responsible for client training seminars/continuing education program. Responsible for hazardous storage and disposal. Promotes sales and marketing of laboratory services. Oversees new business development and provides quotes - Semi na rs/Co nti nuing Education October 2012- Southern California Water Utilities Association member Page 12 25B-29 § ) 116 \ 0 . § ; . £ | ) 2 0 IL E ■ 0 ' kIL> • o ■ ! 2 \ 2 H k � ) � / 0 09 k E k | ) ■ � � � G )A B- O > ��|■;;� |■.E� 'L | 22 3« a� .■�|.E! /!|••aa k-|§■§�! �■.! �|! L46 !� \� .20 �!� N APPENDIX ATTACHMENT 3: FEE PROPOSAL CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Proposer shall attach a separate hourly rate schedule with hourly rates for staff time per mob classification. If the City requires additional related services not listed in the fee schedule below, those services will be performed and compensated at time and materials costs as shown on the proposer's hourly rate schedule submitted. Quantities listed below are annual estimates, the City reserves the right to increase or decrease quantities as necessary. LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL PRICE Routine Weekly Samples collected and 1 tested by Consultant for Bacteriological 2,600 Each $ 15.00 $ 39,000.00 Quality, Heterotrophic Plate Count and Chlorine Residuals Routine Monthly Samples collected and 2. tested by consultant for General 600 Each $ 7.50 $ 4,500.00 Physical Quality 3 Routine Monthly Samples collected and 120 Each $ 8.00 $ 960.00 tested by consultant for Fluoride Routine Quarterly Samples collected by 4. City and tested by Consultant for 48 Each $ 60.00 $ 2,880.00 Haloacetic Acids Routine Quarterly Samples collected by 5. City and tested by Consultant for 48 Each $ 30.00 $ 1,440.00 Trihalomethanes Routine Monthly & Quarterly Samples 6. collected by City and tested by Consultant 96 Each $ 16.00 $ 1,536.00 for Nitrates/Nitrites Non -Routine samples collected by City and tested by Consultant for 7. Bacteriological Quality, Heterotrophic 100 Each $ 15.00 $ 1500.00 Plate Count and Chlorine Residuals (As -Needed) Page 14 City of Santa Ana - RFP 20-014 Water QualitZM 31ting Services Non -Routine samples collected by City 8. and tested by Consultant for General 100 Each $ 7.50 $ 750.00 Physical Quality As -Needed Non -Routine samples collected by City 9. and tested by Consultant for General 50 Each $ 45.00 $ 2,250.00 Minerals (As -Needed) Non -Routine samples collected by City 10. and tested by Consultant for Inorganics 100 Each $ 70.00 $ 7,000.00 (As -Needed) 11. Lead & Copper Rule (As -Needed) TBD Each $ 20.00 $ 12. Lead Sampling in Schools (As -Needed) TBD Each $ 11.00 $ Total: $ 61,816.00 Clinical Laboratory of San Bernardino, Inc. Phone (909) 825-7693 Fax (909) 825-7696 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21881 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Bob Glaubig Laboratory Director PRINTED NAME OF AUTHORIZED AGENT TITLE /_f;6t /� f A,= June 03, 2020 glaubig@clinical-lab.com SIGNATURE OF AUtFKORIZED AGENT DATE E-MAIL ADDRESS 95-2504488 1088 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION PROGRAM CERTIFICATE NUMBER (ELAP #) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 15 City of Santa Ana - RFP 20-014 Water Quality Sampling & Testing Services 25B-32 APPENDIX ATTACHMENT4:REFERENCES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: City of Santa Ana Contact Individual: Address: 215 South Center Street Phone Number: Santa Ana, CA 92703 Robert Hernandez (714)647-3316 Facsimile Number: (714) 647-3345 Contract Amount: $ 44,752.78 per year (2019) Year: Current Client: 25+ years Description of supplies, equipment, or services provided: Provided sampling/pickups/analysis of drinking water samples for Bacteriological, General Physical, other Title 22 analyses. Reference Customer Name: City of Buena Park Address: P.O. Box 5009 Buena Park, CA 90622 Contract Amount: $ 30,589 per year (2019) Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Mike McGee (714)562-3701 Facsimile Number: (714) 562-3669 Year: Current Client: 15+ years Provided sampling/pickups/analysis of drinking water samples for Bacteriological, General Physical, other Title 22 analyses. Reference Customer Name: City of Fountain Valley Contact Individual: Tom Grose Address: P.O. Box 8030 Fountain Valley, CA 92708 Contract Amount: $ 28,906 per year (2019) Description of supplies, equipment, or services provided: Phone Number: (714) 593-4624 Facsimile Number: (714) 556-7362 Year: Current Client: 15+ years Provided sampling/pickups/analysis of drinking water samples for Bacteriological, General Physical, other Title 22 analyses. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 16 City of Santa Ana - RFP 20-014 Water QualitSarn=g SiTQting Services APPENDIX ATTACHMENT 6: CERTIFICATION 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: Melinda Furnas State of California County of San Bernardino Subscribed and sworn to (or affirmed) MtJ,&jV -n(1 � 6MQ, , proved to person(s) who appeared before me Nota— e before me on this Q day of me on the basis of satisfactory JASPREET KAUR� COMM. #2250547 w t� NOTARY PUBLIC - CALIFORNIA m SAN BERNARDINO COUNTY My Comm. Expires Aug. 16, 2022 Notary Public Seat r,� , 20jQ by evidence to be the Page 17 Cityof P D-014 Page I of I Water Quali � g Services NON -LOBBYING CERTIFICATION 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 /ssuubrecipients shall certify and disclose accordingly. Signed:" e " Title: Bob Glaubig, Laboratory Director Firm: Clinical Laboratory of San Bernardino, Inc. Date: June 03, 2020 Page 18 cityofMEWSO-ota Page t of 1 Water Quality Sampling & Testing Services g NON-DISCRIMINATION CERTIFICATION 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. 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. 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. 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. Page 19 cityor2SR-4zo-ot4 Page t oft Water Quality Sampling & Testing Services g 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: /ga Title: Bob Glaubig, Laboratory Director Firm: Clinical Laboratory of San Bernardino, Inc. Date: June 03, 2020 Page 20 city ofNEWF72o-ot4 Page 2 of 2 Water Quality Sampling & Testing Services g 36 C0.UFORNIA Water Boards STATE WATER RESOURCES CONTROL BOARD BOARDS CALIFORNIA STATE REGIONAL WATER SOURCE CONTROL 8R8 ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM CERTIFICATE OF ENVIRONMENTAL ACCREDITATION Is hereby granted to Clinical Laboratory of San Bernardino, Inc. 21881 Barton Road Grand Terrace, CA 92313 Scope of the certificate is limited to the "Fields of Testing" which accompany this Certificate. Continued accredited status depends on successful completion of on -site inspection, proficiency testing studies, and payment of applicable fees. This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code. Certificate No.: 1088 Expiration Date: 1/31/2022 Effective Date: 2/1/2020 Sacramento, California Christine Sotelo, Chief subject to forfeiture or revocation Environmental Laboratory Accreditation Program CALIFORNIA STATE ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM Wawr Boards Accredited Fields of Testing r4uyw•M1 Clinical Laboratory of San Bernardino, Inc. 21881 Barton Road Grand Terrace, CA 92313 Phone: 9098257693 Certificate No. Expiration Date 1088 1/31/2022 Field of Testing: 101 - Microbiology of Drinking Water 101.010 001 Heterotrophic Bacteria SM 9215 B 101.020 004 Total Coliform (Enumeration) SM 9221 B,C 101.020 005 Fecal Coliform (Enumeration) SM 9221 B,E 101.050 001 Total Coliform PIA SM 9223 B Colilert 101.050 002 E. coli P/A SM 9223 B Colilert 101.050 005 Total Coliform P/A SM 9223 B Colilert 18 101.050 006 E. coli PIA SM 9223 B Colilert 18 101.050 007 Total Coliform (Enumeration) SM 9223 B Colilert 18 101.050 008 E. coli (Enumeration) SM 9223 B Colilert 18 Field of Testing: 102- Inorganic Chemistry of Drinking Water 102.020 001 Turbidity EPA 180.1 102.026 001 Calcium EPA 200.7 102.026 002 Magnesium EPA 200.7 102.026 003 Potassium EPA 200.7 102.026 004 Silica EPA 200.7 102.026 005 Sodium EPA 200.7 102.026 006 Hardness (Calculation) EPA 200.7 102.030 003 Chloride EPA 300.0 102.030 005 Fluoride EPA 300.0 102.030 006 Nitrate (as N) EPA 300.0 102.030 007 Nitrite (as N) EPA 300.0 102.030 009 Sulfate (as SO4) EPA 300.0 102.045 001 Perchlorate EPA 314.0 102.060 001 Nitrate (as N) (Calculation) EPA 3532 102.061 001 Nitrite (as N) EPA 3532 102.100 001 Alkalinity SM 2320 B-1997 102.130 001 Specific Conductance SM 2510 B-1997 102.140 001 Residue, Filterable TDS SM 2540 G1997 102.175 001 Chlorine, Free SM 4500-CI G-2000 102.175 002 Chlorine, Total Residual SM 4500-CI G-2000 102.191 001 Cyanide, Total SM 4500-CN F-1999 102.203 001 Hydrogen Ion (pH) SM 4500-H+ B-2000 102.240 001 Phosphate,Orlho (as P) SM 4500-P E-1999 As of 2/1/2020 , this list supersedes all previous Customers: Please verify the current accreditation lists for this certificate number. standing with the State. 25B-39 Page 22 Page 1 of 7 Clinical Laboratory of San Bernardino, Inc. 102.260 001 Organic Carbon -Total (TOG) SM 5310 B-2000 Certificate No.: 1088 Expiration Date: 1/31/2022 102.261 001 Dissolved Organic Carbon (DOC) SM 5310 B-2000 102.270 001 Surfactants SM 5540 C-2000 102.280 001 UV254 SM 5910 B-2011 Field of Testing: 103- Toxic Chemical Elements of Drinking Water 103.040 002 Antimony SM 3113 B 103.040 003 Arsenic SM 3113 B 103.040 005 Beryllium SM 3113 B 103.040 006 Cadmium SM 3113 B 103.040 007 Chromium SM 3113 B 103.040 010 Lead SM 3113 B 103.040 012 Nickel SM 3113 B 103.040 013 Selenium SM 3113 B 103.040 014 Silver SM 3113 B 103.130 001 Aluminum EPA 200.7 103.130 003 Barium EPA 200.7 103.130 004 Beryllium EPA 200.7 103.130 005 Cadmium EPA 200.7 103.130 007 Chromium EPA 200.7 103.130 008 Copper EPA 2007 103.130 009 Iron EPA 200.7 103.130 Ott Manganese EPA 200.7 103.130 012 Nickel EPA 200.7 103.130 015 Silver EPA 200.7 103.130 017 Zinc EPA 200.7 103.130 018 Boron EPA 200.7 103.140 001 Aluminum EPA 200.8 103.140 002 Antimony EPA 200.8 103.140 003 Arsenic EPA 200.8 103.140 004 Barium EPA 200.8 103.140 005 Beryllium EPA 200.8 103.140 006 Cadmium EPA 200.8 103.140 007 Chromium EPA 200.8 103.140 008 Copper EPA 200.8 103.140 009 Lead EPA 200.8 103.140 010 Manganese EPA 200.8 103.140 Ott Mercury EPA 200.8 103.140 012 Nickel EPA 200.8 103.140 013 Selenium EPA 200.8 103.140 014 Silver EPA 200.8 103.140 015 Thallium EPA 200.8 103.140 016 Zinc EPA 200.8 As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 2 of 7 Clinical Laboratory of San Bernardino, Inc. 103.140 017 Boron EPA 200.8 Certificate No.: 1088 Expiration Date: 1/31/2022 103.140 018 Vanadium EPA 200.8 103.140 019 Strontium EPA 200.8 103.150 014 Thallium EPA 200.9 103.150 015 Vanadium EPA 200.9 103.310 001 Chromium (VI) EPA 218.6 Field of Testing: 104- Volatile Organic Chemistry of Drinking Water 104.030 001 1,2-Dibromoethane (EDB, Ethylene Dibromide) EPA 504.1 104.030 002 1,2-Dibmmo-3-chloropropane (DBCP) EPA 504.1 104.035 001 1,2,3-Trichlompropane (TCP) SRL 524M-TCP 104.040 001 Benzene EPA 5242 104.040 007 n-Butylbenzene EPA 5242 104.040 008 seo-Butylbenzene EPA 5242 104.040 009 tert-Butylbenzene EPA 5242 104.040 010 Carbon Tetrachloride EPA 5242 104.040 011 Chlombenzene EPA 5242 104.040 015 2-Chlorotoluene EPA 5242 104.040 016 4-Chlorotoluene EPA 5242 104.040 019 1,3-Dichlorobenzene EPA 5242 104.040 020 1,2-Dichloobenzene EPA 5242 104.040 021 1,4-Dichloobenzene EPA 5242 104.040 022 Dichlomdi8uoromethane EPA 5242 104.040 023 1,1-Dichloroethane EPA 5242 104.040 024 1,2-Dichloroethane EPA 5242 104.040 025 1,1-Dichloraethene (1,1-Dichloroethylene) EPA 5242 104.040 026 cis-12-Dichbroethene EPA 5242 104.040 027 trans-1,2-Dichloroethene EPA 5242 104.040 028 Dichlommethane (Methylene Chloride) EPA 5242 104.040 029 1,2-Dichlompropane EPA 5242 104.040 033 cis-1,3-Dichbropmpene EPA 5242 104.040 034 trans-1,3-Dichloropropene EPA 5242 104.040 035 Ethylbenzene EPA 5242 104.040 037 Isopmpylbenzene EPA 5242 104.040 041 N-pmpylbenzene EPA 5242 104.040 042 Styrene EPA 5242 104.040 043 1,1,1,2-Tetrachloroethane EPA 5242 104.040 044 1,1,2,2-Tetrachloroethane EPA 5242 104.040 045 Tetrachloroethylene (Tetrachlomethene) EPA 5242 104.040 046 Toluene EPA 5242 104.040 047 1,2,3-Trichlombenzene EPA 5242 104.040 048 1,2,4-Tichlorobenzene EPA 5242 104.040 049 1,1,1-Trichloroethane EPA 5242 As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 3 of 7 25B-41 Clinical Laboratory of San Bernardino, Inc. 104.040 050 1,1,2-Trichloroethane EPA 5242 Certificate No.: 1088 Expiration Date: 1/31/2022 104.040 051 Tnchlomethene EPA 5242 104.040 052 Tnchlom8uommethane EPA 5242 104.040 054 1,2,4-Tnmethylbenzene EPA 5242 104.040 055 1,3,5-Tnmethylbenzene EPA 5242 104.040 056 Vinyl Chlonde EPA 5242 104.040 057 Xylenes, Total EPA 5242 104.045 000 Tnhalomethanes, Total EPA 5242 104.045 001 Bromodichloromethane EPA 5242 104.045 002 Bmmoform EPA 5242 104.045 003 Chloroform EPA 5242 104.045 004 Dibmmochloromethane EPA 5242 104.050 002 Methyl ted-butyl Ether (MTBE) EPA 5242 104.050 003 tert-Amyl Methyl Ether (TAME) EPA 5242 104.050 004 Ethyl tert-butyl Ether (ETBE) EPA 5242 104.050 005 Tnchlomtri8uoroethane EPA 5242 104.050 006 ted-Butyl Alcohol (TEA) EPA 5242 Field of Testing: 105- Semi -volatile Organic Chemistry of Drinking Water 105.030 001 Alachlor EPA 507 105.030 002 Atrazine EPA 507 105.030 007 Molinate EPA 507 105.030 009 Simazine EPA 507 105.050 005 Chlordane (total) EPA 508.1 105.050 010 Endrin EPA 508.1 105.050 Ott Heptachlor EPA 508.1 105.050 012 Heptachlor Epoxide EPA 508.1 105.050 013 Hexachlombenzene EPA 508.1 105.050 014 Hexachlorocyclopentadiene EPA 508.1 105.050 015 Lindane (HCHyamma) EPA 508.1 105.050 016 Methoxychlor EPA 508.1 105.050 028 PCBs as Aroclom EPA 508.1 105.050 029 Toxaphene EPA 508.1 105.083 001 2,4-D EPA 515A 105.083 002 Dinoseb EPA 515A 105.083 003 Pentachlorophenol EPA 515A 105.083 004 Picloram EPA 515A 105.083 005 2,4,5-TP (Silvex) EPA 515A 105.083 006 Dalapon EPA 515A 105.083 007 Bentazon EPA 515.4 105.090 001 Alachlor EPA 5252 105.090 003 Atrazine EPA 5252 105.090 004 Benzo(a)pyrene EPA 5252 As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 4 of 7 Clinical Laboratory of San Bernardino, Inc. 105.090 008 Di(2-e8tylhexyl) Adipate EPA 5252 Certificate No.: 1088 Expiration Date: 1/31/2022 105.090 009 Di(2-ethylhexyl) Phthalate EPA 5252 105.090 022 Molinate EPA 5252 105.090 025 Simazine EPA 5252 105.090 028 Thiobencarb EPA 5252 105.100 001 Aldicarb EPA 531.1 105.100 002 Aldicarb Sulfone EPA 531.1 105.100 003 Aldicarb Sulfoxide EPA 531.1 105.100 004 Carbaryl EPA 531.1 105.100 005 Carbofuran EPA 531.1 105.100 006 3-Hydroxycarbofumn EPA 531.1 105.100 007 Methomyl EPA 531.1 105.100 008 Oxamyl EPA 531.1 105.120 001 Glyphosate EPA 547 105.140 001 Endothall EPA 548.1 105.150 001 Diquat EPA 5492 105.200 001 Bromoacetic Acid EPA 5522 105.200 003 Chloroacetic Acid EPA 5522 105.200 005 Dibmmoacetic Acid EPA 5522 105.200 006 Dichlomacetic Acid EPA 5522 105.200 007 Trichlomacetic Acid EPA 5522 105.200 008 Haloacetic Acids (HAAS) EPA 5522 Field of Testing: 106- Radionuclides in Drinking Water 106.092 001 Uranium EPA 200.8 106.270 001 Gross Alpha SM 7110C Field of Testing: 107- Microbiological Methods for Non -Potable Water and Sewage Sludge 107.001 001 Total Coliform (Enumeration) SM 9221 B,C-2006 107.001 002 Fecal Coliform (Enumeration) SM 9221 C,E-2006 Field of Testing: 108- Inorganic Constituents in Non -Potable Water 108.007 001 Residue, Volatile EPA 160.4 (1971) 108.009 001 Turbidity EPA 180.1 (1993 Rev. 2.0) 108.013 001 Calcium EPA 200.7 (1994 Rev. 4.4) 108.013 002 Magnesium EPA 200.7 (1994 Rev. 4.4) 108.013 004 Potassium EPA 200.7 (1994 Rev. 4.4) 108.013 005 Silica, Dissolved EPA 200.7 (1994 Rev. 4.4) 108.013 006 Sodium EPA 200.7 (1994 Rev. 4.4) 108.017 002 Chlonde EPA 300.0 (1993 Rev. 2.1) 108.017 003 Fluonde EPA 300.0 (1993 Rev. 2.1) 108.017 004 Nitrate (as N) EPA 300.0 (1993 Rev. 2.1) 108.017 005 Nitrate -Nitrite (as N) EPA 300.0(1993 Rev. 2.1) 108.017 006 Nitrite (as N) EPA 300.0 (1993 Rev. 2.1) 108.017 008 Sulfate (as SO4) EPA 300.0 (1993 Rev. 2.1) As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 5 of 7 Clinical Laboratory of San Bernardino, Inc. 108.025 001 Ammonia (as N) EPA 350.1 (1993 Rev. 2.0) Certificate No.: 1088 Expiration Date: 1/31/2022 108.029 001 Kjeldahl Nitrogenjotal (as N) EPA 3512 (1993 Rev. 2.0) 108.033 001 Nitrate-Nitite (as N) EPA 3532 (1993 Rev. 2.0) 108.033 002 Nitrite (as N) EPA 3532 (1993 Rev. 2.0) 108.053 002 Oil & Grease Total EPA 1664 B 108.063 001 Alkalinity SM 2320 B-2011 108.069 001 Specific Conductance SM 2510 B-2011 108.071 001 Residue, Total SM 2540 B-2011 108.073 001 Residue, Filterable TDS SM 2540 C-2011 108.075 001 Residue, Non-fltarable TSS SM 2540 D-2011 108.079 001 Residue, Settleable SM 2540 F-2011 108.114 001 Chlorine, Total Residual SM 4500-CI G-2011 108.137 001 Hydrogen Ion (pH) SM 4500-H+ B-2011 108.173 001 Oxygen, Dissolved SM 4500-0 G-2011 108.175 001 Phosphate,Ortho (as P) SM 4500-P E-2011 108.175 002 Phosphoms,Total SM 4500-P E-2011 108.201 001 Sulfide (as S) SM 4500-S D-2011 108.207 001 Biochemical Oxygen Demand SM 5210 B-2011 108.207 002 Carbonaceous BOD SM 5210 B-2011 108.215 001 Organic Carbon -Total (TOG) SM 5310 B-2011 108.225 001 Surfactants SM 5540 C-2011 108.325 001 Chemical Oxygen Demand Hach 8000 Field of Testing: 109- Metals and Trace Elements in Non -Potable Water 109.623 001 Aluminum EPA 200.7 (1994 Rev. 4.4) 109.623 004 Barium EPA 200.7 (1994 Rev. 4.4) 109.623 005 Beryllium EPA 200.7 (1994 Rev. 4.4) 109.623 006 Boron EPA 200.7 (1994 Rev. 4.4) 109.623 007 Cadmium EPA 200.7 (1994 Rev. 4.4) 109.623 008 Chromium EPA 2007 (1994 Rev. 4.4) 109.623 009 Cobalt EPA 200.7 (1994 Rev. 4.4) 109.623 010 Copper EPA 200.7 (1994 Rev. 4.4) 109.623 Ott Iron EPA 200.7 (1994 Rev. 4.4) 109.623 013 Manganese EPA 200.7 (1994 Rev. 4.4) 109.623 014 Molybdenum EPA 2007 (1994 Rev. 4.4) 109.623 015 Nickel EPA 200.7 (1994 Rev. 4.4) 109.623 017 Silver EPA 200.7 (1994 Rev. 4.4) 109.623 022 Zinc EPA 200.7 (1994 Rev. 4.4) 109.625 001 Aluminum EPA 200.8 (1994 Rev. 5.4) 109.625 002 Antimony EPA 200.8 (1994 Rev. 5.4) 109.625 003 Arsenic EPA 200.8 (1994 Rev. 5.4) 109.625 004 Barium EPA 200.8 (1994 Rev. 5.4) 109.625 005 Beryllium EPA 200.8 (1994 Rev. 5.4) As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 6 of 7 Clinical Laboratory of San Bernardino, Inc. 109.625 007 Cadmium Certificate No.: 1088 Expiration Date: 1/31/2022 EPA 200.8 (1994 Rev. 5.4) 109.625 008 Chromium EPA 200.8 (1994 Rev. 5.4) 109.625 009 Cobalt EPA 200.8 (1994 Rev. 5.4) 109.625 010 Copper EPA 200.8 (1994 Rev. 5.4) 109.625 013 Lead EPA 200.8 (1994 Rev. 5.4) 109.625 014 Manganese EPA 200.8 (1994 Rev. 5.4) 109.625 015 Molybdenum EPA 200.8 (1994 Rev. 5.4) 109.625 016 Nickel EPA 200.8 (1994 Rev. 5.4) 109.625 017 Selenium EPA 200.8 (1994 Rev. 5.4) 109.625 018 Silver EPA 200.8 (1994 Rev. 5.4) 109.625 019 Thallium EPA 200.8 (1994 Rev. 5.4) 109.625 022 Vanadium EPA 200.8 (1994 Rev. 5.4) 109.625 023 Zinc EPA 200.8 (1994 Rev. 5.4) 109.627 015 Thallium EPA 200.9 (1994 Rev.2.2) 109.629 001 Chromium (N) EPA 218.6 (1994 Rev. 3.3) 109.669 002 Antimony SM 3113 B-2010 109.669 003 Arsenic SM 3113 B-2010 109.669 005 Beryllium SM 3113 B-2010 109.669 006 Cadmium SM 3113 B-2010 109.669 007 Chromium SM 3113 B-2010 109.669 012 Lead SM 3113 B-2010 109.669 015 Nickel SM 3113 B-2010 109.669 016 Selenium SM 3113 B-2010 109.669 017 Silver SM 3113 B-2010 Field of Testing: 126 - Microbiological Methods for Ambient Water 126.003 001 Total Coliform (Enumeration) SM 9221 B,C-2006 126.003 002 Fecal Coliform (Enumeration) SM 9221 C,E-2006 126.017 001 E. coli (Enumeration) Coliled 18 As of 2/1/2020 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 7 of 7 25B-45 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: AWARD A CONTRACT TO GRAFFITI PROTECTIVE COATINGS, INC., FOR GRAFFITI REMOVAL SERVICES FOR A THREE YEAR TERM IN THE ANNUAL AMOUNT OF $1,360,000 WITH FIVE ONE YEAR EXTENSIONS IN A TOTAL AMOUNT NOT TO EXCEED $10,880,000 FOR THE EIGHT YEAR TERM (GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For 1061►111►Is] g911C4V FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Graffiti Protective Coatings, Inc. for graffiti removal services for a three-year term beginning November 1, 2020 to October 31, 2023, in an annual amount of $1,280,000 with an $80,000 contingency, with provisions for five, one-year extensions exercisable by the City Manager, for a total amount not to exceed $10,880,000 for the eight -year maximum term, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Maintenance Services Division is responsible for citywide graffiti removal from public structures, the visible right-of-way and park facilities, and performs graffiti removal services 365 days a year. Graffiti removal services have been contracted since 2011 and provide removal at nearly 130,000 sites annually, with an average response time of 24 hours or less. Since 2014, the City has contracted Graffiti Protective Coatings, Inc. (GPC) to provide these services with the current agreement expiring on October 31, 2020. Annually, GPC removes graffiti from approximately 130,000 sites, of which 103,000 removals are proactive and 27,000 are in response to public service requests. The Santa Ana Municipal Code (Section 2-807.d Non -Bid Purchases) allows contracts to be exempted from competitive bidding through an open market purchase where vendors have been awarded the same type of purchase contract by another public agency after a competitive bidding process. The City of Long Beach, California awarded a contract for graffiti removal, whose 25C-1 Agreement with Graffiti Protective Coatings, Inc. July 21, 2020 Page 2 specifications meet the City's requirements, to Graffiti Protective Coatings, Inc. after a formal competitive bidding process in 2016 (Exhibit 1). The Public Works Agency would like to utilize the SAMC provision to award a contract to GPC (Exhibit 2) in the same amount as the City of Long Beach contract. GPC has consistently proven it can provide faster, higher quality service than its competitors by incorporating proprietary and innovative techniques in its operation. Services include 100 percent color matching and additional staffing resources during peak periods or emergency events such as the civil demonstrations in June 2020 where GPC provided five additional staff over several days at no extra charge to the City to remove several hundred graffiti items. This demonstrates their responsiveness and willingness to work with the City to provide a high level of service to the community. GPC also facilitates graffiti crime analysis and evidence gathering for Police Department investigations. GPC will provide the best quality service at a minimum cost to the City. For reference, the table below provides the contract amounts of comparable cities, the total number of sites abated and the cost to abate per site. Description Santa Ana GPC (Proposed) Long Beach GPC Tustin Urban Graffiti Torrance GPC Upland GPC Total Annual Contract Amount $1,279.120 $1,279,210 $184,000 $283,280 $80,017 Total Annual Sites Abated (219) 127,878 86,328 4,000 7,135 5,324 Cost Per Site Abated $10.00 $14.82 $46.00 $39.70 $15.03 In the event that this action is not approved, a Request for Proposals (RFP) will be issued, requiring approximately three months to process, with a service start date goal of November 1, 2020. This option is not recommended due to the possible negative impact in the provision and quality of service by a company not familiar with the unique graffiti removal needs of the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is budgeted and available in the FY 2020-21 Council Approved Budget and will be budgeted in future years in the following accounts: 25C-2 Agreement with Graffiti Protective Coatings, Inc. July 21, 2020 Page 3 Fiscal Year Accounting Fund Accounting Unit - Account Amount Unit -Account # Description Description 2020-21 01117642-62300 General Graffiti Abatement Program, 906, 667 (Nov. 2020 to Fund Contract -Services Professional $ June 2021 2021-22 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2022-23 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2023-24 01117642-62300 General Graffiti Abatement Program, 453,333 (July 2023 to Fund Contract -Services Professional $ October 2023 Initial 3-Year Term - Subtotal $4,080,000 2023-24 01117642-62300 General Graffiti Abatement Program, 906,667 (November 2023 Fund Contract -Services Professional $ to June 2024 2024-25 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2025-26 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2026-27 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2027-28 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2028-29 01117642-62300 General Graffiti Abatement Program, 453,000 (July 2028 to Oct. Fund Contract -Services Professional $ 2029 Five, One -Year Extensions - Subtotal $ 6,800,000 Total $10,880,000 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibits: 1. Agreement Long Beach, California 2. Agreement with Graffiti Protective Coatings, Inc. 25C-3 EXHIBIT i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT 34328 THIS AGREEMENT is made and entered, in duplicate, as of July 13, 2016, for reference purposes only, pursuant to a minute order adopted by the City Council of the City of Long Beach at its meeting on July 12, 2016, by and between GRAFFITI PROTECTIVE COATINGS, INC. a California corporation with a place of business at 419 N. Larchmont Boulevard, #264, Los Angeles, California 90004 ("Contractor"), and the CITY OF LONG BEACH, a municipal corporation ("City"). WHEREAS, City requires specialized services requiring unique skills to be performed in connection with graffiti removal services ("Project"); and WHEREAS, City has selected Contractor in accordance with City's administrative procedures using a Request for Proposals ("UP"), and City has determined that Contractor and its employees are qualified, licensed, if so required, and experienced in performing these specialized services; and WHEREAS, City desires to have Contractor perform these specialized services, and Contractor is willing and able to do so on the terms and conditions in this Agreement; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions in this Agreement, the parties agree as follows: 1. SCOPE OF WORK OR SERVICES. A. Contractor shall furnish specialized services more particularly described in Exhibit "A", attached to this Agreement and incorporated by this reference, in accordance with the standards of the profession, and City shall pay for these services in an annual amount, not to exceed One Million Three Hundred Seventy Thousand Dollars ($1,370,000), at the rates or charges shown in Exhibit „B„ B. City shall pay Contractor in due course of payments following receipt from Contractor and approval by City of invoices showing the services or 1 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 _4 r,o Z V LL 7 oQ-q° UY oU WCrm owom W J N O 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 task performed, the time expended (if billing is hourly), and the name of the Project. Contractor shall certify on the invoices that Contractor has performed the services in full conformance with this Agreement and is entitled to receive payment. Each invoice shall be accompanied by a progress report indicating the progress to date of services performed and covered by the invoice, including a brief statement of any Project problems and potential causes of delay in performance, and listing those services that are projected for performance by Contractor during the next invoice cycle. Where billing is done and payment is made on an hourly basis, the parties acknowledge that this arrangement is either customary practice for Contractor's profession, industry or business, or is necessary to satisfy audit and legal requirements which may arise due to the fact that City is a municipality. C. Contractor represents that Contractor has obtained all necessary information on conditions and circumstances that may affect its performance and has conducted site visits, if necessary. D. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. It the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services set forth in this Agreement. Should Contractor discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, Contractor must immediately inform the City of that fact and may not proceed except at Contractor's risk until written instructions are received from the City. E. Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, 2 ARW:bg A16-o1543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -rJ 1 2 3 4 5 6 7 8 9' 10 11 a O wv� 12 ff a v 13 U > o U Y ", U 14 0 Wpm a @ 15 Ow0M LU N O 16 �< 0 o M 17 M 18 19 20 21 22 23 24 25 26 27 28 materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City's own negligence. F. CAUTION: Contractor shall not begin work until this Agreement has been signed by both parties and until Contractor's evidence of insurance has been delivered to and approved by City. 2. TERM. The term of this Agreement shall commence at midnight on August 1, 2016, and shall terminate at 11:59 p.m. on July 31, 2019, unless sooner terminated as provided in this Agreement, or unless the services or the Project is completed sooner. The term can be extended for five (5) additional one-year periods, at the discretion of the City Manager. 3. COORDINATION AND ORGANIZATION. A. Contractor shall coordinate its performance with City's representative, if any, named in Exhibit "C", attached to this Agreement and incorporated by this reference. Contractor shall advise and inform City's representative of the work in progress on the Project in sufficient detail so as to assist City's representative in making presentations and in holding meetings on the Project. City shall furnish to Contractor information or materials, if any, described in Exhibit "D", attached to this Agreement and incorporated by this reference, and shall perform any other tasks described in the Exhibit. B. The parties acknowledge that a substantial inducement to City for entering this Agreement was and is the reputation and skill of Contractor's key employee, Barry Steinhart. City shall have the right to approve any person proposed by Contractor to replace that key employee. 4. INDEPENDENT CONTRACTOR. In performing its services, Contractor is and shall act as an independent contractor and not an employee, representative or agent of City. Contractor shall have control of Contractor's work and the 3 ARW:bg A16-01543 L\Apps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 —6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 manner in which it is performed. Contractor shall be free to contract for similar services to be performed for others during this Agreement; provided, however, that Contractor acts in accordance with Section 9 and Section 11 of this Agreement. Contractor acknowledges and agrees that (a) City will not withhold taxes of any kind from Contractor's compensation; (b) City will not secure workers' compensation or pay unemployment insurance to, for or on Contractor's behalf; and (c) City will not provide and Contractor is not entitled to any of the usual and customary rights, benefits or privileges of City employees. Contractor expressly warrants that neither Contractor nor any of Contractor's employees or agents shall represent themselves to be employees or agents of City. 5. INSURANCE. A. As a condition precedent to the effectiveness of this Agreement, Contractor shall procure and maintain, at Contractor's expense for the duration of this Agreement, from insurance companies that are admitted to write insurance in California and have ratings of or equivalent to AN by A.M. Best Company or from authorized non -admitted insurance companies subject to Section 1763 of the California Insurance Code and that have ratings of or equivalent to A:VIII by A.M. Best Company, the following insurance: (a) Commercial general liability insurance (equivalent in scope to ISO form CG 00 01 11 85 or CG 00 01 10 93) in an amount not less than $1,000,000 per each occurrence and $2,000,000 general aggregate. This coverage shall include but not be limited to broad form contractual liability, cross liability, independent contractors liability, and products and completed operations liability. City, its boards and commissions, and their officials, employees and agents shall be named as additional insureds by endorsement (on City's endorsement form or on an endorsement equivalent in scope to ISO form CG 20 10 11 85 or CG 20 26 11 85), and this insurance shall contain no special limitations on the scope of protection given to City, its boards and commissions, and their officials, employees and agents. This 4 L: pp\ClyLaw32\\WPDocs\D014\P029\00646762.doex 25C-7 > o W LL 00 U d z=a W Y m U F-aM0 m O w0m J N O 5 Of LL 2 J 0 U r M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 policy shall be endorsed to state that the insurer waives its right of subrogation against City, its boards and commissions, and their officials, employees and agents. (b) Workers' Compensation insurance as required by the California Labor Code and employer's liability insurance in an amount not less than $1,000,000. This policy shall be endorsed to state that the insurer waives its right of subrogation against City, its boards and commissions, and their officials, employees and agents. (c) Professional liability or errors and omissions insurance in an amount not less than $1,000,000 per claim. (d) Commercial automobile liability insurance (equivalent in scope to ISO form CA 00 01 06 92), covering Auto Symbol 1 (Any Auto) in an amount not less than $500,000 combined single limit per accident. B. Any self-insurance program, self -insured retention, or deductible must be separately approved in writing by City's Risk Manager or designee and shall protect City, its officials, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention or deductible provisions. C. Each insurance policy shall be endorsed to state that coverage shall not be reduced, non -renewed or canceled except after thirty (30) days prior written notice to City, shall be primary and not contributing to any other insurance or self-insurance maintained by City, and shall be endorsed to state that coverage maintained by City shall be excess to and shall not contribute to insurance or self- insurance maintained by Contractor. Contractor shall notify City in writing within five (5) days after any insurance has been voided by the insurer or cancelled by the insured. D. If this coverage is written on a "claims made" basis, it must provide for an extended reporting period of not, less than one hundred eighty (180) 5 ARW:bg A16-01543 L:\Apps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 _Q T O Z c LL a ro 3- r T'O O U > o w rn z�Q W W 03 owom J U K v LL = J O U M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 days, commencing on the date this Agreement expires or is terminated, unless Contractor guarantees that Contractor will provide to City evidence of uninterrupted, continuing coverage for a period of not less than three (3) years, commencing on the date this Agreement expires or is terminated. E. Contractor shall require that all sub -contractors or contractors that Contractor uses in the performance of these services maintain insurance in compliance with this Section unless otherwise agreed in writing by City's Risk Manager or designee. F. Prior to the start of performance, Contractor shall deliver to City certificates of insurance and the endorsements for approval as to sufficiency and form. In addition, Contractor shall, within thirty (30) days prior to expiration of the insurance, furnish to City certificates of insurance and endorsements evidencing renewal of the insurance. City reserves the right to require complete certified copies of all policies of Contractor and Contractor's sub -Contractors and contractors, at any time. Contractor shall make available to City's Risk Manager or designee all books, records and other information relating to this insurance, during normal business hours. G. Any modification or waiver of these insurance requirements shall only be made with the approval of City's Risk Manager or designee. Not more frequently than once a year, City's Risk Manager or designee may require that Contractor, Contractor's sub -Contractors and contractors change the amount, scope or types of coverages required in this Section if, in his or her sole opinion, the amount, scope or types of coverages are not adequate. H. The procuring or existence of insurance shall not be construed or deemed as a limitation on liability relating to Contractor's performance or as full performance of or compliance with the indemnification provisions of this Agreement. 6. ASSIGNMENT AND SUBCONTRACTING. This Agreement contemplates the personal services of Contractor and Contractor's employees, and the 6 L: pps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25C-9 1 2 3 4 5 6 7 8 9 10 11 r T � z �t� 12 Ka`N 13 Q Z-o-w z3a 14 U y o V wpm = a m 15 Ow0m N> O 16 L = > 0 o M 17 M iE 19 20 21 22 23 24 25 26 27 28 parties acknowledge that a substantial inducement to City for entering this Agreement was and is the professional reputation and competence of Contractor and Contractor's employees. Contractor shall not assign its rights or delegate its duties under this Agreement, or any interest in this Agreement, or any portion of it, without the prior approval of City, except that Contractor may with the prior approval of the City Manager of City, assign any moneys due or to become due Contractor under this Agreement. Any attempted assignment or delegation shall be void, and any assignee or delegate shall acquire no right or interest by reason of an attempted assignment or delegation. Furthermore, Contractor shall not subcontract any portion of its performance without the prior approval of the City Manager or designee, or substitute an approved sub -Contractor or contractor without approval prior to the substitution. Nothing stated in this Section shall prevent Contractor from employing as many employees as Contractor deems necessary for performance of this Agreement. 7. CONFLICT OF INTEREST. Contractor, by executing this Agreement, certifies that, at the time Contractor executes this Agreement and for its duration, Contractor does not and will not perform services for any other client which would create a conflict, whether monetary or otherwise, as between the interests of City and the interests of that other client. And, Contractor shall obtain similar certifications from Contractor's employees, sub -Contractors and contractors. 8. MATERIALS. Contractor shall furnish all labor and supervision, supplies, materials, tools, machinery, equipment, appliances, transportation and services necessary to or used in the performance of Contractor's obligations under this Agreement, except as stated in Exhibit T". 9. OWNERSHIP OF DATA. All materials, information and data prepared, developed or assembled by Contractor or furnished to Contractor in connection with this Agreement, including but not limited to documents, estimates, calculations, studies, maps, graphs, charts, computer disks, computer source documentation, samples, models, reports, summaries, drawings, designs, notes, plans, information, material and 7 ARW:bg A16-01543 DApps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 —1 U } T O W WE 0 Q � N a��$ �U �o m rn wYmV K ham u 0WOE0 C)< 0 O U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 memorandum ("Data") shall be the exclusive property of City. Data shall be given to City, and City shall have the unrestricted right to use and disclose the Data in any manner and for any purpose without payment of further compensation to Contractor. Copies of Data may be retained by Contractor but Contractor warrants that Data shall not be made available to any person or entity for use without the prior approval of City. This warranty shall survive termination of this Agreement for five (5) years. 10. TERMINATION. Either party shall have the right to terminate this Agreement for any reason or no reason at any time by giving fifteen (15) calendar days prior notice to the other party. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. The procedures for payment in Section 1.13. with regard to invoices shall apply. On the effective date of termination, Contractor shall deliver to City all Data developed or accumulated in the performance of this Agreement, whether in draft or final form, or in process. And, Contractor acknowledges and agrees that City's obligation to make final payment is conditioned on Contractor's delivery of the Data to City. 11. CONFIDENTIALITY. Contractor shall keep all Data confidential and shall not disclose the Data or use the Data directly or indirectly, other than in the course of performing its services, during the term of this Agreement and for five (5) years following expiration or termination of this Agreement. In addition, Contractor shall keep confidential all information, whether written, oral or visual, obtained by any means whatsoever in the course of performing its services for the same period of time. Contractor shall not disclose any or all of the Data to any third party, or use it for Contractor's own benefit or the benefit of others except for the purpose of this Agreement. 12. BREACH OF CONFIDENTIALITY. Contractor shall not be liable for a breach of confidentiality with respect to Data that: (a) Contractor demonstrates Contractor knew prior to the time City disclosed it; or (b) is or becomes publicly available without breach of this Agreement by Contractor; or (c) a third party who has a right to disclose does 8 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P020\00646762.docx 25 —11 T O LU Z L 0 39 r< a-�:.s� } U j _z 0 W of K Ha- owom LU J N O L = � J 0Um M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 so to Contractor without restrictions on further disclosure; or (d) must be disclosed pursuant to subpoena or court order. 13. ADDITIONAL SERVICES. The City has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the RFP or make changes by altering, adding to or deducting from the work. No extra work may be undertaken unless a written order is first given by the City, incorporating any adjustment in the Agreement Sum, or the time to perform this Agreement. Any increase in compensation of ten percent (10%) or less of the Agreement Sum, or in the time to perform of One Hundred Eighty (180) days or less, may be approved by the City Representative. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this paragraph do not apply to services specifically set forth in the RFP or reasonably contemplated in the RFP. Contractor acknowledges that it accepts the risk that the services to be provided pursuant to the RFP may be more costly or time consuming than Contractor anticipates and that Contractor will not be entitled to additional compensation for the services set forth in the RFP. 14. RETENTION OF FUNDS. Contractor authorizes the City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate the City for any losses, costs, liabilities or damages suffered by the City, and all amounts for which the City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness exists that appears to be the basis for a claim of lien, the City may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of the City to exercise the right to deduct or to withhold will not, however, affect the obligations of Contractor to insure, indemnify and protect the City as elsewhere provided in this Agreement. ^/ 9 ARW:bL' pps\CtyL w132\WPDocs\D014\P029\00646762.docx 75�'_1 ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. AMENDMENT, This Agreement, including all Exhibits, shall not be amended, nor any provision or breach waived, except in writing signed by the parties which expressly refers to this Agreement. 16. LAW. This Agreement shall be construed in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this Agreement shall be the County of Los Angeles, State of California for state actions and the Central District of California for any federal actions. Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (1) all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code); and (2) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect. 17. PREVAILING WAGES. A. Consultant agrees that all public work (as defined in California Labor Code section 1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the Project, or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. B. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, %� Q 10 L: pp \CtyLaw32\\WPDoc \D014\P029\00646762.dccx 2 rJ V —1 V W T O Z��� o� ¢a v �"2 F— m UY aU LLJ CO X m OWOm UJ J a Of N O LL = J O U M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." 18. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement. 19. INDEMNITY. A. Consultant shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents ("Indemnified Parties"), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Consultant's breach or failure to comply with any of its obligations contained in this Agreement, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Consultant, its officers, employees, agents, subcontractors, or anyone under Consultant's control, in the performance of work or services under this Agreement (collectively "Claims" or individually "Claim"). B. In addition to Consultant's duty to indemnify, Consultant shall have a separate and wholly independent duty to defend Indemnified Parties at Consultant's expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, 11 L'Wpp\ClyLaw32\WPDocs\D014\P029\00646762.d0cx 25C-14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 breach, or the like on the part of Consultant shall be required for the duty to defend to arise. City shall notify Consultant of any Claim, shall tender the defense of the Claim to Consultant, and shall assist Consultant, as may be reasonably requested, in the defense. C. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Consultant's costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties. D. The provisions of this Section shall survive the expiration or termination of this Agreement. 20. FORCE MAJEURE. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance will be excused for a period equal to the period of such cause for failure to perform. 21. AMBIGUITY. In the event of any conflict or ambiguity between this Agreement and any Exhibit, the provisions of this Agreement shall govern. 22. NONDISCRIMINATION. A. In connection with performance of this Agreement and subject to applicable rules and regulations, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, age, sex, sexual orientation, gender identity, AIDS, HIV status, handicap or disability. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to these bases. These actions shall include, but not be limited to, the following: employment, upgrading, demotion f/� l/►- 12 L:Wpp \CtyL w132\WPDocs\D014\P029\00646762.docx 25C-1• 5 1 2 3 4 5 6 7 8 9 10 is >- >� O Z �LL 12 01 � a v 13 Zia 14 LU CO a 15 owom 0 ae 16 FL > 0 o�M 17 M 19 20 21 22 23 24 25 26 27 28 or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 23. EQUAL BENEFITS ORDINANCE. Unless otherwise exempted in accordance with the provisions of the Ordinance, this Agreement is subject to the applicable provisions of the Equal Benefits Ordinance (EBO), section 2.73 et seq. of the Long Beach Municipal Code, as amended from time to time. A. During the performance of this Agreement, the Consultant certifies and represents that the Consultant will comply with the EBO. The Consultant agrees to post the following statement in conspicuous places at its place of business available to employees and applicants for employment: "During the performance of a contract with the City of Long Beach, the Consultant will provide equal benefits to employees with spouses and its employees with domestic partners. Additional information about the City of Long Beach's Equal Benefits Ordinance may be obtained from the City of Long Beach Business Services Division at 562-570-6200." B. The failure of the Consultant to comply with the EBO will be deemed to be a material breach of the Agreement by the City. C. If the Consultant fails to comply with the EBO, the City may cancel, terminate or suspend the Agreement, in whole or in part, and monies due or to become due under the Agreement may be retained by the City. The City may also pursue any and all other remedies at law or in equity for any breach. D. Failure to comply with the EBO may be used as evidence against the Consultant in actions taken pursuant to the provisions of Long Beach Municipal Code 2.93 et seq., Contractor Responsibility. E. If the City determines that the Consultant has set up or used its contracting entity for the purpose of evading the intent of the EBO, the City may terminate the Agreement on behalf of the City. Violation of this provision may be used as evidence against the Consultant in actions taken pursuant to the provisions 13 ARW:bg A16-01543 L:\Apps\CtyLaw32\WPDocs\D014\P029\00646762.dccx 25 —16 % T o W N lL ¢'a U m 52 U LU r m Ow0m J N> LU O LLS> J O U M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Long Beach Municipal Code Section 2.93 et seq., Contractor Responsibility. 24. NOTICES. Any notice or approval required by this Agreement shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid, addressed to Contractor at the address first stated above, and to City at 333 West Ocean Boulevard, Long Beach, California 90802, Attn: City Manager, with a copy to the City Clerk at the same address. Notice of change of address shall be given in the same manner as stated for other notices. Notice shall be deemed given on the date deposited in the mail or on the date personal delivery is made, whichever occurs first. 25. COVENANT AGAINST CONTINGENT FEES. Contractor warrants that Contractor has not employed or retained any entity or person to solicit or obtain this Agreement and that Contractor has not paid or agreed to pay any entity or person any fee, commission or other monies based on or from the award of this Agreement. If Contractor breaches this warranty, City shall have the right to terminate this Agreement immediately notwithstanding the provisions of Section 10 or, in its discretion, to deduct from payments due under this Agreement or otherwise recover the full amount of the fee, commission or other monies. 26. WAIVER. The acceptance of any services or the payment of any money by City shall not operate as a waiver of any provision of this Agreement or of any right to damages or indemnity stated in this Agreement. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement. 27. CONTINUATION. Termination or expiration of this Agreement shall not affect rights or liabilities of the parties which accrued pursuant to Sections 7, 10, 11, 18, 21 and 28 prior to termination or expiration of this Agreement. 28. TAX REPORTING. As required by federal and state law, City is obligated to and will report the payment of compensation to Contractor on Form 1099-Misc. Contractor shall be solely responsible for payment of all federal and state taxes resulting from payments under this Agreement. Contractor shall submit Contractor's Employer 14 ARW:bg A16-01543 UApps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -1 7 1 2 3 4 5 6 7 8 9 10 is i T O z a 12 a N 13 U j o z_ 50 a 14 w200 n m 15 owom N O 16 LL 2> > J o M 17 M 18 19 20 21 22 23 24 25 26 27 28 Identification Number (EIN), or Contractor's Social Security Number if Contractor does not have an EIN, in writing to City's Accounts Payable, Department of Financial Management. Contractor acknowledges and agrees that City has no obligation to pay Contractor until Contractor provides one of these numbers. 29. ADVERTISING. Contractor shall not use the name of City, its officials or employees in any advertising or solicitation for business or as a reference, without the prior approval of the City Manager or designee. 30. AUDIT. City shall have the right at all reasonable times during the term of this Agreement and for a period of five (5) years after termination or expiration of this Agreement to examine, audit, inspect, review, extract information from and copy all books, records, accounts and other documents of Contractor relating to this Agreement. 31. THIRD PARTY BENEFICIARY. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement. 15 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -1 Q V 1 2 3 4 5 6 7 8 9 10 i r T Q z ALL, 12 1�`° 0' �a v 13 � Sao }C) >o a 14 W Y 00 15 Ow0m N O 16 LL = > J o M 17 M ift 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all formalities required by law as of the date first stated above. 2016 4 4 1 2016 J3 tt 2016 I GRAFFITI P a Califor By Nam Title By !� Name Title "Contractor" COATINGS, INC. CITY OF LONG BEACH, a municipal corporation EXECUTED PURSUANT By / SECTION 301 OF City Manager "'' 'FrARTera' "City" Assistant City. Manc This Agreement is approved as to form on 2016. CHAR SPAR I City Attorney By Deputy 16 ARW:bg A16-01543 L:l4pps\CtyLaw32\WPDocs\D014\P029\00646762.docx 2 — 1 0 Y EXHIBIT "A" Scope of Work 25C-20 may, City of Long Beach Purchasing Division 333 West Ocean Boulevard, 71h Floor o Long Beach, CA 90802 3. SCOPE OF PROJECT The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Long Beach; specifically high quality workmanship that leaves no traces of past vandalism. The Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and/or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty-four (24) hours unless due to inclement weather, size of site, or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. As part of the scope of work for this project, the awarded Contractor shall have both a valid California C-33 Painting and Decorating License and a C-61/D-38 Limited Specialty Classification for Sand and Water Blasting the time of the proposals being submitted. Contractors shall include a photocopy of the license in the proposal. I. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Long Beach. Contractor shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible right-of-way, including but not limited to: i. Public buildings, monuments, and facilities; ii. Street light poles iii. Traffic signal poles or controller boxes; iv. Concrete structures (i.e. City -owned sidewalks, streets, bridges, overpasses, and flood channel facilities, etc.); v. City -owned utility boxes; vi. Guardrails; vii. Traffic signs (poles and back of signs); viii. Trails c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right-of-way, including, but not limited to: i. Exterior walls; ii. Fences iii. Sidewalks iv. Windows; v. Trash receptacles; RFP No. PW16-144 Graffitioal ivices Page 5 of Long Beach 0City Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 vi. Utility boxes and covers; vii. Doors; and viii. Flag poles. Work on private property, as requested by Project Manager and/or his/her designee, may require a Consent form signed by the owner. If required, the Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. When required, original consent forms shall be returned to the Project Manager and/or his designee on a weekly basis and are the property of the City. Consent forms will be provided at the time they are needed, if and when required. The Project Manager and/or his/her designee are the only authorized Requestors for work to be completed on private property. d. City Parks and Marinas At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, recreation buildings); iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); iv. Bike Paths; v. Walking Paths; vi. Bleachers; vii. Baseball/Softball Diamonds; viii. Trash receptacles; ix. Rocks; x. Doors; A. Fences: xii. Windows; xiii. Utility boxes and covers; xiv. Signs (poles and back of); xv. Playground equipment; xvi. Benches, and; xvii. Park Trees The above work will be priced separately from Pricing Section Grand Total Price in Exhibit 1. e. Unless notified otherwise by the Project Manager and/or his/her designee, graffiti shall be removed so no trace of the pre-existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. RFP No. PW16-144 Graffitj j2evca_la &es Page 6 City of Long Beach (Q Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 g. Abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. Ensure protection of the work area at all times, including, but not limited to: i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right-of-way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; v. Leave work site in undamaged condition; vi. Post signage to identify wet paint; vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and/or his/her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of the Contractor. Apply anti -graffiti coatings, as required, by the Project Manager and/or his/her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full-time daily proactive surveillance at Contractor's expense. p. Working hours shall be no earlier than 6:00 a.m. and no later than 5:00 p.m. On weekends and holidays, the Contractor shall respond to all GO Long Beach mobile phone application and graffiti telephone hotline requests received by 12:00 noon. RFP No. PW16-144 Graffit t=l i4�vices Page 7 f °x City of Long Beach 4Pt Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 q. On Weekends and holidays when City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12:00 noon. On weekends, Contractor will respond to graffiti removal request received between 12:00 noon on Saturdays and 12 noon on Sundays within 24 hours. City Holidays observed: New Year's Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and following Friday, and Christmas Day. The Project Manager and/or his/her designee orthe Police Department may designate sites as needing an emergency response for profanity and/or hate. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day, within four hours. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two-hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real-time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. Systems shall be capable of receiving and responding to GO Long Beach mobile application requests. b. Work orders shall include i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; iv. Date and time of removal performed; v. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; ix. Date and time of work performed; x. Square footage; A. Surface type; xii. Public or private property; xiii. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID RFP No. PW16-144 GraffiAt=iervices Page 8 N City of Long Beach Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 c. Work order system shall include personalized secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status; ii. Maps of zones as provided by City; iii. Response time to work orders; iv. Costs by zones; v. Square footage cleaned by zones; vi. Custom graphs and reports to include, but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total square footage removed x. Average response time for service calls through Graffiti Hotline/App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and/or referred to other Agencies A. Maps in Google Earth; xii. Provide reports to be used for auditing purposes as requested by the Project Manager and/or his/her designee as mutually agreed upon between Contractor and City of Long Beach. xiii. Provide reports to Project Manager and/or his/her designee on a quarterly basis of Contractor's personnel with access to application (Go Long Beach) and web based work order management system including level of access for each individual. f. The City shall have access to this data following completion of the work order for a period of three years. In the case of FEMA cost recovery for any disaster related costs, the City shall have access to this data until case(s) are closed. g. All data collected in the database for this project is the property of the City of Long Beach. 111. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. The application shall allow for the submission of photos of graffiti electronically into the Contractor's Work Order System. RFP No. PW16-144 Graffilft_al vices Page 9 ��s City of Long Beach r Purchasing Division 333 West Ocean Boulevard, 7th Floor Long Beach, CA 90802 c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. The application shall be available in iOS and Android platforms, including, but not limited to Apple iPhone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Services Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the Contractor. j. App must be a native iOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimal of three (3) municipal customers of similar size that have used the Contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for the City. This shall be furnished by providing five (5) trucks with each truck performing forty (40) hours of weekly service during weekdays. b. A minimum of at least forty (40) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for Department of Parks, Recreation and Marine. This will be furnished by providing one (1) truck with each truck performing forty (40) hours of weekly service during weekdays. RFP No. PW16-144 Graffitj( jr}gvaLservices Page 10 Ki �a,r City of Long Beach '_ _- Purchasing Division _' 333 West Ocean Boulevard, 7ch Floor ,�o ', Long Beach, CA 90802 c. In addition, a minimum of eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. d. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real-time environment for graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area of structure to determine size and location on the facility. Contractor is to provide real- time mapping of all graffiti removal via Google maps or other commonly used mapping. e. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: I. Amount of time spent on surveillance per week; ii. Areas covered in the surveillance; iii. Dates and time that surveillance took place; and iv. Graffiti found and location of the graffiti V. INVOICING a. Contractor shall invoice the requesting department monthly unless otherwise advised, upon satisfactory receipt of product and/or performance of services. b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain Blanket PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. RFP No. PW16-144 Graffif�' W aiivices Page 11 Q City of Long Beach Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. Contractor(s) shall provide a spreadsheet with each month invoice showing the following; L Showing each location or address serviced; ii. Number of the service request associated with removal if any; iii. Type of removal; iv. Date; v. Notes; vi. Square footage cleaned; and vii. Method of removal VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate ability to: a. Receive service requests on a twenty-four (24) hour basis via app, fax, or e-mail; Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean-up work areas, and dispose of paints, chemicals, solvents and cleaning agents utilized in performing the graffiti removal per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER / SUPPORT STAFF / WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive orders from City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. Contractor shall designate one specific truck/individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. All Contractor staff shall have a cell phone in order to be contacted by the Project Manager and/or his/her designated staff. RFP No. PW16-144 Graffitj, jZff=I S�ices Page 12 N e h City of Long Beach Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee whether supervisory or non -supervisory. Any person assigned to this contract found to be in possession of and/or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' performing services must undergo a criminal background investigation by the Long Beach Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and/or his/her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Project Manager informed of requests from departments as required. Vlll. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the contractor's vehicles shall consist of, at minimum, company name, local telephone number, and contract services provided by City of Long Beach in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. RFP No. PW16-144 GraffigUaffices Page 13 EXHIBIT "B" Rates or Charges 25C-30 EXHIBIT 1 CITY OF LONG BEACH REQUEST FOR PROPOSALS GRAFFITI REMOVAL AND ABATEMENT PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification — I certify that I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Project and I am familiar with the scope of work locations. I am familiar with all the existing condition and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions, or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price —Pricing shall be based on a unit cost for services described in Scope of Project. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. COST SHALL BE SUBMITTED ON ATTACHMENT F AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three- year term of any contract that is a result of this RFP. Price increase shall not exceed I % during the first renewal period. Price increase shall not exceed • Price increase shall not exceed • Price increase shall not exceed Price increase shall not exceed ? % during the second renewal period. Z % during the third renewal period. L % during the fourth renewal period. L % during the fifth renewal period. Quantities listed herein are annual estimates based on past usage and are not to be construed as commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. Page 1 25C-31 V� AtUp 109q'c' EXHIBIT 1 — GRAFFITI REMOVAL'- CITY Item 'TOTAL TOT/ No. Description UNUV UNITIRRI.CE ��1NEEKLY.t~=ANNUII PRIDE Weekly cost for one truck, for 40 hours Weekly per week (8 hours per day), for Weekday for weekday service to perform proactive 1 service graffiti abatement (as outlined in truck; 40 B times (x) 5 C times (x) 52 Section I; a, b and c of RFP) for the hours per 3 10 trucks 'T weeks 990 boo 1 Cit of Long Beach _LPublic WorksJ.__ week $ $ 1 $ Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive Daily graffiti abatement (as outlined in Weekend and B times (x) 1 !, C times (x) 113 Section I; a, b and c of RFP for the Holiday for 1 Fi il C trucks days d 2 Cityof Lon Beach Public Works . service truck $ $ oo $ 60 PRICING SECTION - GRAND TOTAL PRICE - CITY GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C) $ Td GRAF.FITCREMOVAL -CITY PARKS AND MARINAS Item No. Description A ' yUNIT ",UNI1 B RRICE.-.'WEEKLY TOTAL �.... C = TOTAL ANNU%11 P_RIGC= Weekly cost per truck, for 40 hours per Weekly�gi; I'to week, for weekday service to perform Weekday for Nr�k proactive graffiti removal in the Parks 1 service and Marinas for services as outline in truck; 40 B times (x) 1 C times (x) 12 Section 1; d in Scope of Project of hours per � "j 0 trucks .� months 1 RFP. week $ $ Flo $ i 7 2d _ Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti removal in the Parks and Daily Marinas for services as outline in Weekend and B times (x) 1 C times (x) 113 Section I; d in Scope of Project of Holiday for 1 g trucks days 2 RFP.. service truck $ $ c $ 0 y0o PRICING SECTION - GRAND TOTAL PRICE - PARKS & MARINAS GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C) $ 0 Page 2 25C-32 L%AU- �Witu�- x"l-IP EXHIBIT 1 GRAFFITI REMOVAL -'OTHER DEPARTMENTS'' Item No. Description UNIT ' UNIT Pk['--_E' Hourly rate for weekday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekday for other departments within the City on 1 service $ c o 1 an as -needed basis. truck $ Hourly rate for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekend and other departments within the City on Holiday for 1 2 an as -needed basis. service truck $ Page 3 25C-33 EXHIBIT c4U City's Representative: Arthur Cox, Superintendent (562) 570-2784 25C-34 EXHIBIT "D" Materials/Information Furnished: None 25C-35 EXHIBIT 2 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21st day of July, 2020 by and between Graffiti Protective Coatings, Inc. ("Consultant"), a California Corporation, 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 connection with graffiti removal services B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor wider this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The annual sum to be expended under this Agreement shall not exceed $1,360,000.00 per year, and the total sum expended shall not to exceed 510,880,000.00 during the entire term of this Agreement, including any extension periods exercised under 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 9 25C-36 3. TERM This Agreement shall commence on November 1, 2020 for a three (3) year term with the option for the City to grant up to five one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. 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 9 25C-37 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, 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. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured Page 3 of 9 25C-38 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 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. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' 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 Page 4 of 9 25C-39 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault 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. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. 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. 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 Page 5 of 9 25C-40 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 Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 9 25C-41 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. i�IO�u i �Y�11111h1 �C1111, ' ; 1]% F.`I(Ilr�y 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 92702-1998 Fax: 714- 647-6956 With courtesy copies to: 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 Page 7 of 9 25C-42 To Contractor: Carla Lenhoff President Graffiti Protective Coatings, Inc. 419 N Larchmont Blvd., #264 Los Angeles, CA A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney � By: Jr`� Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabit Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: f' L of P resic ent 25C-43 Page 8 of 9 EXHIBIT A Scope of Services 25C-44 �r,^... h.. r City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana; specifically high quality workmanship that leaves no traces of past vandalism. The Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and/or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty-four (24) hours unless due to inclement weather, size of site, or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hourtimeline. As part of the scope of work forthis project, the awarded Contractor shall have both a valid California C-33 Painting and Decorating License and a C-6110-38 Limited Specialty Classification for Sand and Water Blasting the time of the proposals being submitted. Contractors shall include a photocopy of the license in the proposal. 1. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractor shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible right-of-way, including but not limited to: i. Public buildings, monuments, and facilities; i. Street light poles iii. Traffic signal poles or controller boxes; iv. Concrete structures (i.e. City -owned sidewalks, streets, bridges, overpasses, and flood channel facilities, etc.); v. City -owned utility boxes; vi. Guardrails; vii. Traffic signs (poles and back of signs); viii. Trails c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right-of-way, including, but not limited to: i. Exterior walls; ii. Fences iii. Sidewalks iv. Windows; v. Trash receptacles; Graffiti Rem al Services Page 5 256-45 ,-fit•, City of Santa Ana Purchasing Division �n 20 Civic Center Plaza Santa Ana, CA 92701 vi. Utility boxes and covers; vii. Doors; and viii. Flag poles. Work on private property, as requested by Project Manager and/or his/her designee, may require a Consent form signed by the owner. If required, the Contractor shall obtain the signature of the property owner on the consent form prior to beginning work, When required, original consent forms shall be returned to the Project Manager and/or his designee on a weekly basis and are the property of the City. Consent forms will be provided at the time they are needed, if and when required. The Project Manager and/or his/her designee are the only authorized Requestors for work to be completed on private property. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms - Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, recreation buildings), iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); iv. Bike Paths; v. Walking Paths; vi, Bleachers; vii. Baseball/Softball Diamonds; viii. Trash receptacles; ix. Rocks; x. Doors; xi. Fences; xii. Windows; xiii. Utility boxes and covers; xiv. Signs (poles and back of), xv. Playground equipment; xvi. Benches, and; xvii. Park Trees The above work will be priced separately from Pricing Section Grand Total Price in Exhibit 1. e. Unless notified otherwise by the Project Manager and/or his/her designee, graffiti shall be removed so no trace of the pre-existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. Graffiti Removal Services Page 6 25C-46 " City of Santa Ana Purchasing Division s --. 20 Civic Center Plaza Santa Ana, CA 92701 g. Abate the entire surface in the event that the graffiti covers a significant area of the surface, The Project Manager or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limitedto: i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right-of-way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; v. Leave work site in undamaged condition; vi. Post signage to identify wet paint; vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and/or his/her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of the Contractor. I. Apply anti -graffiti coatings, as required, by the Project Manager and/or his/her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full-time daily proactive surveillance at Contractor's expense. p. Working hours shall be no earlier than 6:00 a.m. and no later than 5:00 p.m. On weekends and holidays, the Contractor shall respond to all GO Santa Ana mobile phone application and graffiti telephone hotline requests received by QMnoon. Graffil -0 'vices Page 7 Q�.s 1 City of Santa Ana ., Purchasing Division Q, 20 Civic Center Plaza Santa Ana, CA 92701 q. On Weekends and holidays when City Hall is closed, the Contractor shall retrieve and respond to ail graffiti telephone hotline requests received by 12:00 noon. On weekends, Contractor will respond to graffiti removal request received between 12:00 noon on Saturdays and 12 noon on Sundays within 24hours. City Holidays observed: New Year's Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and following Friday, and Christmas Day. r. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response for profanity and/or hate. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day, within four hours. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two-hour charge for labor for any call out. 11, WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real-time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. Systems shall be capable of receiving and responding to GO Santa Ana mobile application requests. b. Work orders shall include: i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; iv. Date and time of removal performed; v. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; ix. Date and time of work performed; x. Square footage; xi. Surface type; xii. Public or private property; xiii. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID Gra(fitj,(3p C—l49' Page 8 �., City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. Work order system shall include personalized secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status; ii. Maps of zones as provided by City; iii. Response time to work orders; iv. Costs by zones; v. Square footage cleaned by zones; vi. Custom graphs and reports to include, but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total square footage removed x. Average response time for service calls through Graffiti Hotline/App 1. Same Day Response 2. Within 24 Hours 3, Within 48 Hours 4, Over 48 Hours and/or referred to other Agencies xi. Maps in Google Earth; xii. Provide reports to be used for auditing purposes as requested by the Project Manager and/or his/her designee as mutually agreed upon between Contractor and City of Santa Ana. xiii. Provide reports to Project Manager and/or his/her designee on a quarterly basis of Contractor's personnel with access to application (Go Santa Ana) and web based work order management system including level of access for each individual. f. The City shall have access to this data following completion of the work order for a period of three years. In the case of FEMA cost recovery for any disaster related costs, the City shall have access to this data until case(s) areclosed. g. All data collected in the database for this project is the property of the City of Santa Ana. III. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public- b. The application shall allow for the submission of photos of graffiti electronically into the Contractor's Work Order System. GraffifIal�Wyices Page 9 City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. The application shall be available in iOS and Android platforms, including, but not limited to Apple [Phone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon completion, a 'Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Services Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the Contractor. j. App must be a native iOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimal of three (3) municipal customers of similar size that have used the Contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for the City. This shall be furnished by providing five (5) trucks with each truck performing forty (40) hours of weekly service duringweekdays. b. A minimum of at least forty (40) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for Department of Parks and Recreation. This will be furnished by providing one (1) truck with each truck performing forty (40) hours of weekly service during weekdays. Graffiti Removal Services Page 10 25C-50 City of Santa Ana Purchasing Division .f . 20 Civic Center Plaza Santa Ana, CA 92701 c. In addition, a minimum of eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. d. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real-time environment for graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area of structure to determine size and location on the facility. Contractor is to provide real- time mapping of all graffiti removal via Google maps or other commonly used mapping. e. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week; ii. Areas covered in the surveillance; iii. Dates and time that surveillance took place; and iv. Graffiti found and location of the graffiti V. INVOICING a. Contractor shall invoice the requesting department monthly unless otherwise advised, upon satisfactory receipt of product and/or performance of services. b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain Blanket PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. Graffintad rces Page 11 City of Santa Ana Purchasing Division a 20 Civic Center Plaza Santa Ana, CA 92701 h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. i. Contractor(s) shall provide a spreadsheet with each month invoice showing the following; i. Showing each location or address serviced; ii. Number of the service request associated with removal if any; iii. Type of removal; iv. Date; v. Notes; vi. Square footage cleaned; and vii. Method of removal VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate ability to: a. Receive service requests on a twenty-four (24) hour basis via app, fax, or e-mail; b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean-up work areas, and dispose of paints, chemicals, solvents and cleaning agents utilized in performing the graffiti removal per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER/ SUPPORT STAFF/ WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive orders from City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate one specific truck/individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. All Contractor staff shall have a cell phone in order to becontacted by the Project Manager and/or his/her designated staff. Graffit12 a tres Page 12 City of Santa Ana -.y Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee whether supervisory or non -supervisory. d. Any person assigned to this contract found to be in possession of and/or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. e. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' performing services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and/or his/her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Project Manager informed of requests from departments as required. Vill. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the contractor's vehicles shall consist of, at minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. Graffiti Rer 0y_ICe ces Page 13 EXHIBIT "B" Compensation 25C-54 GAS VA, * CITY OF SANTA-All REQUEST FOR PROPOSALS GRAFFITI REMOVAL AND ABATEMENT PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRiCiNG Certification — I certifythat I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Project and I am familiar with the scope of work locations. I am familiar with all the existing condition and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions, or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price -- Pricing shalt be based on a unit costfor services described in Scope of Project. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee In writing. COST SHALL SE SUBMITTED ON ATTACHMENT F AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three- year term of any contract that is a result of this RFP. • Price increase shall not exceed % during the first renewal period. • Price increase shall not exceed 2 % during the second renewal period. • Price increase shall not exceed L % during the third renewal period. • Price increase shall not exceed L % during the fourth renewal period. • Price increase shall not exceed Z- % during the fifth renewal period. Quantities listed herein are annual estimates based on past usage and are not to be construed as commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth In this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. Page 1 25C-55 GRAFFIMRREMOVAL%- CITY u= G Mwk!N . ,_ all Na- DescN tiottM6E �item. Weekly cost for one truck, for 40 hours Weekly per week (8 hours per day), for Weekdayfor weekday service to perform proactive 1 service graffiti abatement (as outlined in truck; 40 B times (x) 5 C times (x) 52 Section I; a, b and c of RFP) for the hours per $ I C trucks weeks 1 the City of Santa Ana (Public Works week $ ti $ i T 0 $ 94 n I,o6 Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive Daily L` grafft! abatement (as outlined In Weekend and B times (x) t C times (x) 113 2 Section I; a, b and c of RFP) for the Holiday for 1 ? 60 trucks days the City of Santa Ana (Public Wo service truck $ Go $ tl pp PRICINGSECTION - GRMD TOTAL PRICE - CITY GRAFFITI ABATEMENT GRAND TOTAL PRICE column C $ Ta GRAFFITI REMOVAL - CITY PARKS AND 1 " w ---- MARINAS A f B C TOTAL D TOTAL ttem _ j No. Description UNIT Weekly cost per truck, for 40 hours per Weekly UNIT t?RI YQEcEKLY ANN MAPRICE' I -to week, for weekday service to perform Weekda for Ar prwkl proactive graffiti removal in the Parks 1 service and Marinas for services as outline in truck; 40 B times (x) 1 C times (x) 12 Section 1; d In Scope of Project of hours per 3,710 trucks .k months r 1 RFP. week $ $ �Io $ i r R 10 Daily cost per truck for 8 hours a day weekend (Saturday & Sunday) and Holiday service to perform proactive Lfor graffiti removal in the Parks and Daily Marines for services as outline in Weekend and B times (x) 1 C times (x) 113 Section I; d in Scope of Project of Holiday foe 1 u, 0 trucks days RFP., service truck A co $ d 0d PRICING SECTION - GRAND TOTAL PRICE - PARKS & MARINAS GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C $ Page 2 25C-56 C-1� �. MRtx_ VA"_� GRAFFITI REMOVAL - OTHER DEPARTMENTS A� B Itern No. Description UNIT FE�IIT#a E Hourly rate for weekday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekday for other departments within the City on 1 servico $ o 1 an as -needed basis. truck $ Hourly rate for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti abatement Hourly (as outlined In Section I; a, b and c) for Weekend and other departments within the City on Holiday for 1 2 an as -needed basis. service truck $ Page 3 25C-57 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: ADOPT A RESOLUTION AUTHORIZING A GRANT APPLICATION SUBMISSION FOR THE WATERSMART DROUGHT RESPONSE PROGRAM FOR THE FLOWER STREET WELL PROJECT IN AN AMOUNT UP TO $1,600,000 (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: RVI-T-0-0162wel ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For 1061►111►Is] g911C4V FILE NUMBER RECOMMENDED ACTION Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the Department of the Interior, Bureau of Reclamation's WaterSMART Drought Response Program for the Flower Street Well Project, in an amount up to $1,500,000. DISCUSSION The majority of the City of Santa Ana's potable water comes from an underground basin and is pumped through 21 existing wells. Given the limited water supplies in the region, and recent recurring droughts, constructing a new well in the City would improve overall water system reliability and reduce the burden on other water production facilities. The new well will also address low pressures in the water system identified in the City of Santa Ana's 2017 Water System Master Plan and Hydraulic Model. The City is currently in the design stages of the Flower Street Well Project, which will be located on the southwest corner of the intersection of Flower Street and Walnut Street. The estimated design and construction cost for this project is approximately $5,100,000. The Federal Fiscal Year 2021 (October 1 2020, to September 30, 2021) includes an estimated $2.9 million funding opportunity to award to agencies for this purpose. The City can access the funding through the Department of the Interior, Bureau of Reclamation WaterSMART (Sustain and Manage America's Resources for Tomorrow) Drought Response Program Drought Resiliency Project. The program provides up to a maximum of $1,500,000 in grant funding for multi -phased projects (Exhibit 1). If the grant application is successful, the grant funding would offset a significant portion of the groundwater well construction costs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 55A-1 Adopt Resolution and Authorize Grant Application for Flower St. Well Project July 21, 2020 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to the City Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibit: 1. Resolution Authorizing Grant Application for the Flower St. Well Project 55A-2 EXHIBIT 1 jmf 7/7120 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART DROUGHT RESPONSE PROGRAM FOR THE FLOWER STREET WELL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's potable water comes from an underground basin and is pumped through 21 existing wells. B. The region's water supply is limited due to recent recurring droughts C. The Flower Street Well Project would reduce the burden on other water production facilities. D. The estimated design and construction cost for this project is approximately $5,100,000. E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Drought Response Program (Drought Resiliency Projects) for this type of project. The program provides up to a maximum of $1,500,000 in grant funding for multi -phased projects, but not to exceed 50 percent of the total project cost. F. The City desires to fund part of the cost of the Flower Street Well Project with grant funding from the WaterSMART Drought Response Program. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of Public Works, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation's WaterSMART Drought Response Program for the Flower Street Well Project up to the amount of $1,500,000. Section 3. The Executive Director of Public Works, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Resolution No. 2020-XXX Page 1 of 3 55A-3 jmf 7f7/20 Section 4. The Executive Director of Public Works, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $3,600,000 in matching funds for the Flower Street Well Project plus any remaining balance. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: i►L. �.L'� (John M. Funk Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers 1►[����:7X.y�►���Z.1iR.71I 11 Oi1T-M Miguel A. Pulido Mayor Resolution No. 2020-XXX Page 2 of 3 55A-4 jmf 7/7/20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2020 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-XXX Page 3 of 3 55A-5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: APPROVE THE REVISED ORANGE COUNTY OPERATIONAL AREA AGREEMENT ON INTER - JURISDICTIONAL COORDINATION DURING EMERGENCIES AND ADOPT A RESOLUTION ADOPTING THE OPERATIONAL AREA AGREEMENT WITH THE COUNTY OF ORANGE CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For [K•]►nl►ingiC. /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve the 2020 Orange County Operational Area Agreement between the County of Orange and political subdivisions within Orange County. 2. Adopt a resolution authorizing the Mayor to execute the Orange County Operational Area Agreement with the County of Orange, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION California Senate Bill 1841, passed in 1993, established the Standardized Emergency Management System (SEMS) to improve coordination of state and local emergency response during disasters. The law provided that all local governments must adhere to SEMS in responding to emergencies involving multiple jurisdictions or agencies in order to be eligible for state reimbursement of response -related costs. SEMS regulations further established the Operational Area as the intermediate level of the State's emergency organization, with each County organizing into an Operational Area consisting of all political subdivisions within the County. Each Operational Area is led by its respective County government. The Operational Area agreement formally organizes the County of Orange and its political subdivisions as the Orange County Operational Area for purposes of emergency management coordination, as required by SEMS. First approved in 1995, the document lays out a framework for inter -jurisdictional cooperation as well as responsibilities of the County of Orange and its individual subdivisions. This document was reviewed and approved by the County of Orange and 100+ political subdivisions that make up the Orange County Operational Area, including the City of Santa Ana by City Council Resolution 98-070 on October 5, 1998. 55B-1 Orange County Operational Area Agreement July 21, 2020 Page 2 In 2017, the Orange County Sheriff's Department Emergency Management Division began a process to revise the Operational Area agreement to account for changes in emergency operations plans, incorporate advances and new perspectives in the emergency management discipline, and ease administration of Operational Area functions. The Operational Area Agreement Revision Working Group, which included representation from the City of Santa Ana, was formed and met for more than a year to develop an updated document taking into account new programs and paradigms at the local, state, and federal level, as well as lessons learned from more than twenty years of administering the existing framework. Following an extensive review and revision process in 2018 and 2019, the revised Operational Area Agreement was approved by the Orange County Board of Supervisors on March 24, 2020. On March 26, 2020, the agreement was ratified by the Orange County Fire Authority, establishing the new Operational Area agreement and rendering the 1995 agreement moot. The agreement must now be approved by each individual jurisdiction in the Orange County Operational Area (Exhibit 1 and 2). The new agreement developed by the Revision Working Group has structural and content changes from the 1995 document. Agreement sections were reorganized to make the document easier to understand and reference, and the document was reformatted to more closely align with Operational Area document style guidelines. The major content changes are outlined below: New Operational Area Executive Board Members (Section 2.2) The Executive Board includes representatives from the Orange County Board of Supervisors, public safety agencies and Mutual Aid Coordinators, key County departments, and CA jurisdictions. City representation on the Executive Board includes one City Manager, one City Chief of Police and one City Public Works Director. Five new Operational Area Executive Board seats were added to the body to more accurately represent the interests of the Operational Area: • The Orange County Executive Officer • The Orange County Social Services Agency Director • The Operational Area WaterM/astewater Mutual Aid Coordinator • A representative selected jointly from the Orange County Community College Districts • The Orange County Transportation Authority Chief Executive Officer Orange County Emergency Management Organization Update (Section 2.3) The Orange County Emergency Management Organization (OCEMO) is a collaboration and coordination body tasked with developing plans, procedures and associated documents necessary for a robust Operational Area emergency management program. Since the 1995 agreement was approved, OCEMO has transitioned to a simpler model than was outlined in the original document. Several changes were made in the new agreement to reflect the current operational practices of OCEMO and ensure alignment with the new OCEMO bylaws approved in 2018. The major shift was the removal of the OCEMO Representative Board, which has not been practical in use for a decade or more. The new draft also provides clarity on the nature of the administrative support provided to OCEMO by the County of Orange. 55B-2 Orange County Operational Area Agreement July 21, 2020 Page 3 Operational Area Coordinator Staffing (Section 4.1) The 1995 agreement specifically outlined which agencies are responsible for staffing the Operational Area Coordinator (OAC) position. At the time of approval, this staffing arrangement aligned with the staffing of the Director of Emergency Services (DES) position and was meant to outline additional responsibilities for the DES during an Operational Area -wide incident. Since approval, the County Ordinance that defines staffing for the DES role was updated by Board Resolution and created a conflict with the original OAC staffing arrangement. To rectify this conflict and to prevent similar issues in the future, language in the updated draft was streamlined to reference the County Ordinance and Resolution, rather than separately defining OAC staffing. Operational Area Finance (Section 6.1) The new agreement includes a significant reworking of language related to CA finances, grant funding and administration. Relevant language once contained in Addendum 2 (See Addendums below) is now incorporated in the main body of the agreement. Language referencing specific grant programs was replaced with broader language that reflects the shifting nature of grant funding and the challenges of grant administration. The new language also addresses lessons learned related to financial aspects of mutual aid and disaster recovery. Addendums The 1995 agreement, as approved, had three addendums that addressed various issues brought forth during development of the original document. Addendum 1 clarified roles and responsibilities for the Operational Area, the Operational Area Executive Board, and the Operational Area Coordinator. Addendum 2 included documents related to the administration of the Emergency Management Assistance Program grant that no longer exists. Relevant portions of these two addendums were incorporated into the main body of the new agreement as appropriate. Addendum 3 is the Operational Area Mutual Aid Plan. This critical document will become an attachment to the Unified County of Orange and Orange County Operational Area Emergency Operations Plan. This will put the Mutual Aid Plan on a more defined schedule of review and revision. FISCAL IMPACT There is no fiscal impact associated with this item. Submitted By: David Valentin, Chief of Police - Police Department Exhibits: 1. Orange County Operational Area Agreement 2. Resolution 55B-3 Exhibit 1 Orange County Operational Area Agreement of the County of Orange and Political Subdivisions January 2020 55B-4 Orange County Operational Area Agreement January 2020 This page intentionally left blank. 55B-5 Table of Contents LRecitals ...................................................................................... ............................................. iv Section One. Operational Area Establishment ............................... ,..^.°°.°,."""""^ ................... 1 1.1 Operational Area Esiabli5hed,,,,,°°......... ........ .,.",°°.°°°°°^^..~..^. ................. 1 1.2 LucaI Authurky........ ..,°.^^°°",.,,,............ ^,,,°,"^°°°°°.~................... —..°°°°°1 Section Two. Operational Area Council, Executive Board and Subcommittees ............................. 2 2,1 Operational Area Signatory [oumci|~.......................................... .........°°°,,°°,°"^Z 2.2 Operational Area Executive Boand............................................... ................................. I 2.3 Orange County Emergency Management Organization ...... ...,°"^.............. ,,............ 6 Section Three. Responsibilities ,,°,,°.,,,°,°.,°°.,...",.,,°.^.^^... ^~~..~°°..................... .......... 8 3.1 Operational Area Jurisdiction Responuibi|kies.... ,,"°°,,°°°°°°..,................................ 0 IZ County -Specific Responsibilities.. ................ .—......°°~^.�8 Section Four. Operational Area Coordinator and Operational Area k8unager...~...""""^^^11 4.1 Operational Area Coordinator ........ ................................... ........... .°".~""""."^, ........ 1l 4.2 Operational Area Manager ....................................................... ..~,"""," ................. Il Section Five. Operational A,eaRespo«seByytenmc....................°°°°",,^,........I3 5�1 Operational Area Emergency Operations Plan ................. ,......................................... I3 5.2 Operational Area Emergency Operations Center ",,"...,.°°,^..................................... I3 Section Six. Operational Area Finamme.......... ,........... .^"",,,".°°^.°............ ........................ 1¢ 6.1 Operational Area Expenses and Revenues ............................ ...........~....... ^.......... 14 Section Seven. Operational Area Agreement Administration ................. ...°...... ,...... ........ ..2E 7.1 Existing Agreem$nts...... °°..... ..... .................................. --- ..,................................ I6 7.2 Effective Date °°,°°°.^°°"°°°°°°^,"°^"".""""""...,.",,,,,,°°---- ...................... �IG 7.3 Withdrawal .°°°°°°.°..°°..°°°°^^°°°^°"""..."."...""°^",,,°°°............................ .16 7.4 Indemnification ,,°°°°°°°°°°°°°°""°°""""""""""".°""°...................................... .b6 7.5 Counterparts ....... ................. ,,^,°,°°^,"...""".""""""""""",°^.... .................... ,~,,16 7.6 |nterpretation................. ---- ................................................................................. 16 7.7 Ambiguities ............. .............. ~~................................................................................... 17 7.8 Amendment ..~........................................................................................ .°°°.17 JanuaryZUZD ��U�-�� d� ��U� Orange County Operational Area Agreement January 202D This page intentionally left blank. 55B-7 Orange County Operational Area Agreement Recitals OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS THIS AGREEMENT is entered into this WL day of r :':' 20 S which date is enumerated for purpose of reference only, by and between the County of Orange, hereinafter referred to as County, and all other Political Subdivisions within Orange County, as defined in Government Code Section 8557 (b) of the California Emergency Services Act, hereinafter referred to as Subdivisions, collectively hereafter referred to as the Parties. WITNESSETH: WHEREAS, it is the intent of the Parties hereto to coordinate prevention, preparedness, response, recovery and mitigation efforts for the safety of persons and property from the effects of natural, human -caused, or war - caused disasters, hereinafter referred to as emergencies, as required by the California Emergency Services Act and the Standardized Emergency Management System (SEMS) Regulations, Title 19 California Code of Regulations Sections 2400 et seq.; and WHEREAS, the purpose of an Operational Area, as defined in Government Code Section 8605 and Title 19 California Code of Regulations Sections 2403 and 2409, is to manage and coordinate information, resources, and priorities among the local governments within the geographic area of the County, and to serve as the coordination and communication link between the local government level and the regional level of the State; and to use multi -agency or inter -agency coordination to facilitate decisions for overall operational area level emergency response activities; and WHEREAS, this Agreement is intended to provide for the continued management of the Operational Area; cooperative and mutual handling of duties and responsibilities of the Operational Area Lead Agency; coordination of the emergency functions of the Operational Area with all other public agencies, corporations, organizations, and affected private persons within the Operational Area; and the preparation and implementation of plans for the protection of persons and property within the Operational Area in the event of an emergency; and WHEREAS, in accordance with the requirements of California taws and regulations the County previously adopted Orange County Codified Ordinances, section 3-1-5 and Resolutions 81-1104 and 95-870 and intends to adopt an updated resolution for this Agreement to support emergency management planning and coordination of all political subdivisions within the Orange County geographic area as required by State law; and WHEREAS, Orange County Board of Supervisors Resolution 05-144 adopted the National Incident Management System (NIMS) for the Orange County Operational Area which sets many of the same objectives as the Standardized Emergency Management System; NOW THEREFORE, the Parties hereto agree as follows: iv January 2020 55B-8 Orange County Operational Area Agreement January 2020 This page intentionally left blank. 55B-9 Orange County Operational Area Agreement Section One. Operational Area Establishment 1.1 Operational Area Established The entire geographic area of Orange County constitutes an Operational Area (OA) for the purposes of coordinating the prevention, preparedness, response, recovery and mitigation efforts for the safety of persons and property from the effects of natural, human -caused a war caused disasters, hereinafter referred to asemergencles. All local governments should cooperate in organizing an effective OA, but the OA authority and respansiblIity is not affected by the non - participation of any local government. The County of Orange shall be the Operational Area Lead ,Agency as specified in Title 19 California Code of Regulations Section 2409(d). 1.2 Local Authority In the event of an actual or threatened emergency, each jurisdiction shall retain the authority provided for by law respecting its jurisdiction. No body created by this Agreement can mind Parties to legal or financial obligations. 1 January 2020 55B-10 Orange County Operational Area Agreement Section Two. operational Area Council, Executive Board and Subcommittees 2.1 Operational Area Signatory Council All political subdivisions within the geographic area of Orange County, California are organized into the OA, regardless of signatory status? The OA Signatory Council, hereinafter referred to as the Council, is hereby created to include the signature Parties to this Agreement. The Parties acknowledge that the Council is not a separate legal entity and that it is not their Intention to form a joint powers authority. 2.1.1 Membership By approval and execution of this Agreement, all Subdivisions in the County of Orange, including cities, school districts, community college districts, special districts, joint powers authorities, and the County, are members of the Council. Each signature party shall designate annually in writing to the Orange County Sheriffs Department Emergency Management Division, hereinafter referred to as county emergency management, one primary and one alternate representative of Its governing body to serve on the Council. 2.1.2 Responsibilities It is not the intent of this Agreement that there be regular meetings of the Council. In routine matters and day-to-day decision -making, the OA Executive Board (as described in Section 2.2) will represent the interests of the OA. However, the Council shall have authority over the major policy issues of the OA, as determined by the Executive Board, including adoption of any amendments to this Agreement or adoption of any fees to support OA coordination activities. Council members will receive information regarding major OA policy issues from the Executive Board, when necessary, for consideration at their respective governing body meetings. Furthermore, whenever a majority of the Council determine that an issue should be brought before the Council, it shall be done irrespective of whether the Executive Board has identified it as a major policy issue. 2.1.3 Representatives Meeting The representatives of the Council may meet as necessary as determined by the Executive Board or as requested by a majority of the members of the Council. Should it be necessary for the Council to meet, each member of the Council shall be entitled to one vote. The representatives present shall, by majority vote, select a Chair Pro Tem for that meeting from among the representatives present. A majority of all Council member representatives shall constitute a quorum for the transaction of business relating to the OA. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution, or order and to take any other action deemed appropriate to Further the Title 19 California Corte of Regulations Section 2409 January 2020 2 55B-11 Orange County Operational Area Agreement objectives of the OA. Voting will be conducted in accordance with Robert's Rules of Order. All meetings will be noticed and conducted in accordance with the Brown Act. 2.2 Operational Area Executive Board 2.2.1 Membership The Council shall have an OA Executive Board, hereinafter referred to as the Executive Board, consisting of sixteen voting members. The Executive Board includes representatives from the County Board of Supervisors, public safety agencies and Mutual Aid Coordinators, key County departments, and OA jurisdictions. Individuals will only serve as a voting member in one role for any single meeting and for purposes of determining quorum. Executive Board Members 1. The Chair of the Orange County Board of Supervisors 2. The County Executive Officer 3. The OA Law Enforcement Mutual Aid Coordinator, the Orange County Sheriff 4. The CA Fire & Rescue Mutual Aid Coordinator, as selected by the Orange County Fire Chiefs Association S. The OA Public Works Mutual Aid Coordinator, the Orange County Public Works Director 5. The OA Health Care Mutual Aid Coordinator, the Orange County Health Care Agency Director 7. The OA Water/Wastewater Mutual Aid Coordinator 8. The Orange County Social Services Agency Director 9. A representative selected jointly from the Orange County City Managers Association 10. A representative from the Orange County Chiefs of Police and Sheriff's Association 11. A representative from the Orange County Fire Chiefs Association 12. A representative from the Orange County City Engineers and Public Works Directors Association 13. A representative from Independent Special Districts of Orange County 14. The Orange County Superintendent of Schools, representing Orange County K-12 School Districts 15. A representative selected jointly from Orange County Community College Districts 15. The Orange County Transportation Authority Chief Executive Officer Terms, Afternotes and Voting Executive Board members subject to being "selected," which are enumerated above as numbers 4, 9-13 and 15, shall be appointed by their respective agency, jurisdiction or organizations annually and shall serve at the discretion of their organization for one year. Each jurisdiction, agency or organization shall also designate three alternate representatives. Individuals appointed to the Executive Board can be the same or different than those identified in Section 2.1.1 as a 3 January 2020. 55B-12 Orange County Operational Area Agreement memberjurisdiction's Council primary a alternate representative. In no circumstances shall one individual occupy more than one Executive Board position or count as more than one member for purposes of determining quorum. Each Executive Board member, or alternate in the absence of the voting member for whom he/she is the designated alternate, shall beentitled to onevote. Amajorityof the Executive Board (9 members) shall constitute a quorum for the transaction of business relating to the OA. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to achieve the objectives of the OA. Voting will be conducted in accordance with Robert's Rules of Order. The OA Executive Board is a Brown Act meeting and is noticed and conducted as such. Operational Area Executive Board Chair and Viee-Chair The Chair and Vice Chair shall be elected annually by the Executive Board. In the absence of both the Chair and the Vice Chair, the members of the Executive Board present shall, by majority vote, select one of the members present to act as £hair Pro Tem. Meetings The Executive Board shall meet quarterly or as designated by the Executive Board Chair. 2,2.2 Responsibilities The Executive Board shall have oversight of the actions of the OA Manager (as described in Section 4.2) in the daily operations and administration of the OA. The Executive Board's oversight authority shall include directing the development, establishment, and Implementation of the policies of the OA, and keeping the Council informed of its actions. The Executive Board shall determine which major policy issues of the OA require Council approval and shall seek such approval. Policy and Operotionol Area Emergency Operations Plan The Executive Hoard will establish OA policy, review and approve the OA Emergency Operations Plan (EOP) and Annexes, and maintain these documents as required by SEMS and NIMS. Mutual Aid Plans and Agreements The Executive Board shall review proposals of emergency mutual aid plans and agreements and make recommendations on endorsement of such proposals to governing boards of Subdivisions. Laws, Rules, Legislation and Regulation The Executive Board shall review and may recommend for action or adoption by Subdivisions, emergency and mutual aid plans, agreements, ordinances, resolutions, and any rules and regulations necessary to implement such plans and agreements. The Executive Board may also January 2020 4 55B-13 Orange County Operational Area Agreement study, review, and make recommendations on State and Federal legislation and policy as appropriate, and on matters referred to the Executive Board in writing by Council members. Operational Area Executive Board Emergency Advisory Capacity The Executive Board maybe convened by the Chair or the OA Coordinator, as described in Section 4.1, to review a potential or actual emergency situation and make and receive appropriate recommendations from the OA Coordinator and Council members to facilitate a coordinated OA response. 2.2.3 Subcommittees and Working Groups The Executive Board may establish standing and ad hoc subcommittees and working groups to complete its work and to ensure communication and coordination between all interested persons or groups. Subcommittees and working groups shall elect a Chairperson and provide appropriate staff support from their participants. The OA Manager shall provide coordination between these subcommittees and the Executive Board only. 2.3 Orange County Emergency Management Organization There is hereby established a standing subcommittee to the Executive Board, the Orange County Emergency Management Organization, hereinafter referred to as OCEMO. OCEMO Is a collaboration and coordination body tasked with developing the plans, procedures, and associated documents necessary for a robust Operational Area emergency management program. The County and all Subdivisions shall be expected to participate in OCEMO, to the maximum extent possible, with the understanding that the cooperative maintenance of the OA EOP, policies and procedures, training and exercises is necessary to ensure that the OA EOP, policies, procedures, training and exercises meet the emergency needs of the Subdivisions, County, and CA. 2.3.1 Membership The entire OCEMO body "Members at Large" consists of three groups of representatives involved in some capacity of an emergency management function, as defined below and in the OCEMO Bylaws. Signatory Members Staff members with primary emergency management responsibilities from signatory agencies to this agreement are considered Signatory Members. Each signatory jurisdiction shall identify a primary and secondary representative who shall have the right to vote on behalf of the jurisdiction. To ensure compliance with the Brown Act, no more than eight OCEMO members who are also voting members of the OA Executive Board shall be present at any OCEMO meeting. S January 2020 55B-14 Orange County Operational Area Agreement Collaborative Members Rep rese ntat lves of other government, non-profit, or private agencies that are not signatories to this agreement and are not currently represented by a Signatory or Collaborative Member, but are considered to have a significant role in OA planning, response and recovery processes are considered Collaborative Members. Collaborative members must be approved by Signatory Members and have limited voting rights as outlined in the OCEMO Bylaws. Associate Members Other representatives of organisations interested in participating in OCEMO activities, and who may provide input Into the OA EDP, annexes, and supporting Standard Operating Procedures (SOPS) are considered Associate Members. Associate members have no voting rights. 2.3.2 Responsibilities As a subcommittee to the Executive Board, the responsibilities of OCEMO are to meet the following objectives as they relate to disaster and emergency prevention, preparedness, response, recovery and mitigation within the Ok Operational Area Plans, Annexes, and Standard Operating Procedures • Participate in revisions and updates of the OA EDP and associated Annexes and SOPS developed and maintained by county emergency management staff as described in Section 3.2. Once completed, plans and the associated Annexes reviewed by OCEMO shall be forwarded to the OA Executive Board for approval. Training and Exercises • Coordinate training and exercises for the OA, to include after action discussions, lessons learned and professional development. Public Education and Outreach • Coordinate the development of public education and whole community emergency preparedness programs. Legislation • Review and report on legislation impacting emergency plans and programs, and propose concepts for new legislation for consideration by the Executive Board. Other • Other duties as assigned by the Executive Board. 2.3.3 OCEMO Leadership The OCEMO Leadership shall consist of the OCEMO Chairperson, first Vice Chairperson and Second Vice Chairperson, elected in accord with the OCEMO Bylaws, the OA Manager and the January 2020 P 55B-15 Orange County Operational Area Agreement immediate past Chairperson. Any Signatory or Collaborative Member shall be eligible to serve as a candidate for OCEMO Chairperson, First Vice Chairperson, and Second Vice Chairperson as outlined in the OCEMO Bylaws. 2.3.4 Orgonizatron and Procedures OCEMO will maintain and approve Bylaws. The Bylaws will define, at a minimum, OCEMO purpose, membership, leadership duties, elections, voting procedures, official meeting frequency, and the process for amending the Bylaws. The Bylaws shall in all instances be consistent with this Agreement. OCEMO will review the Bylaws, as needed. Any amendments to the Bylaws will be approved by OCEMO Signatory Members, as detailed in the OCEMO Bylaws. ff OCEMO identifies the need for additional Subcommittees or working groups, OCEMO members participating in that subcommittee or working group shall provide staff support. 2.3.5 Administrative Support The County shall provide administrative support to OCEMO as follows: • Attend all OCEMO and OCEMO Leadership meetings • Maintain a contact list of the primary and alternate representatives of each OCEMO member • Organize and manage OCEMO Leadership elections and votes on other issues • Notify members of their appointment to office or subcommittees • Create and distribute OCEMO meeting agendas • Take and transmit OCEMO meeting minutes ■ Maintain official OCEMO records, including agendas and minutes, in compliance with County record retention policies. 7 January 2020 55B-16 Orange County Operational Area Agreement Section Three. Responsibilities 3.1 Operational Area Jurisdiction Responsibilities Subdivisions of the OA have the responsibilities as set forth below: Participation Actively participate as a member jurisdiction in the Council, Executive Board (if designated), and subcommittees such as OCEMO. Cooperation Promote cooperation among all Subdivisions in order to improve the overall OA emergency management program. Emergency Monagement Program Develop an emergency management program to provide for the needs of the Subdivision, which shall be complementary to and compatible and coordinated with the needs of the OA in the event of an emergency. Emergency Plan and Organization Develop and maintain an EOP and organization to provide for the emergency needs of the Subdivision according to SEMS Regulations and NIMS, and coordinate with and, where able, support other Subdivisions, the County, and the OA Emergency Operations Center (EOC). Procedures Develop Subdivision procedures that outline the steps necessary to satisfy responsibilities as a member jurisdiction of the OA. iroWng and Exercises Maintain a thorough knowledge of the Parties' and CIA's EOPs and ensure that the supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. Conduct regular exercises and participate in regional exercises, when offered. Emergency Assistance Parties shall offer assistance to other jurisdictions and secondary and relief support to the CA within the limits of capabilities and according to applicable mutual aid agreements. Parties should participate in mutual aid agreements wherever possible. Resource lists Maintain current resource listings of staff, facilities, equipment and supplies available in the jurisdiction for use in the event of an emergency. January 2020 55B-17 Orange County Operational Area Agreement Critical Points of Contact identify 24-hour or other critical points -of -contact for the Subdivision that may be used by the OA EOC during emergency operations. If the points -of -contact are individuals, identify a primary and at least three alternates for each. Inform county emergency management staff when critical points -of -contact change or are updated. Disaster Recovery and Financial Reimbursement Subdivisions have ultimate responsibility For their own recovery program and will work directly with FEMA and Cal DES throughout the cost recovery process. Each Subdivision is individually responsible for developing, submitting, and receiving their own emergency aid, loans or grants from any source including local, state, and federal governments. Each is Individually responsible for the timeliness, accuracy, and compliance of its own expenditures submitted For reimbursement through such mechanisms. 3.2 County -Specific Responsibilities The County acts as the OA Lead Agency. The OA Lead Agency has the Following responsibilities to the OA in addition to those responsibilities specified under Section 3.1 of this Agreement: 24-Flour Contact Point The County will serve as the 24-hour contact point for the OA and act as lead in activatingthe OA EOC, hereinafter referred to as OA EOC. Operational Area Emergency Operations Center The County EOC and Alternate EOC (as designated) shall serve as the OA EOC. The OA EOC shall exist as a dedicated essential facility and be capable of serving as the central point for: • coordinating information and resources with OA subdivisions ■ coordinating all levels of government as a component of Orange County s Multiagency Coordination System (MACS) • coordinating with other OAs • reporting information to and coordinating with the California Office of Emergency Services (Cal OES) Southern Region EOC County emergency management staff shall be responsible forensuring the OA EOC is maintained in a state of constant readiness, in accord with the FEMA Emergency Operations Center Assessment Checklist and ASTM E2668 — Standard Guide For Emergency Operations Center Development, or subsequent standards if revised. Initial EOC Activation Staffing The County shall provide initial OA EOC activation staff. Subdivisions with available resources may provide secondary and relief OA EOC staffing. E January 2020 55B-18 Orange County Operational Area Agreement Disaster Recovery and Finonciol Reimbursement The County shall be responsible for coordinating the formal recovery process through Cal OES and FEMA and will assist with: • Coordinating initial OA disaster recovery • Scheduling damage assessment site visas • Other duties as outlined in the Recovery Annex to the OA EOP Operational Area Emergency Operations Plana and Annexes County emergency management staff shall be responsible for coordinating with the Orange County Emergency Management Organization to maintain and revise the CA EOP, annexes and SOPS as directed by the Executive 8oard. Operational Area Executive Board Support County emergency management staff shall provide support to the Executive Board for agendas and minutes for meetings and coordinating follow-up only. Subcommittee and Working Group Support County emergency management staff shall provide support to Executive Board subcommittees and working groups. January 2020 10 55B-19 Orange County Operational Area Agreement Section Four. Operational Area Coordinator and Operational Area Manager 4.1 Operational Area Coordinator By this Agreement, the Council creates and recognizes the position of an OA Coordinator, hereinafter referred to as the Coordinator. During an emergency the OA Coordinator position will be filled by the Orange County Director of Emergency Services, as specified by Section 3-1-6 of the Orange County Code of Ordinances and County Board of Supervisors Resolution 12-036, as presently existing or as hereafter amended. 4.2.1 Powers and Duties The Coordinator shall direct and coordinate the OA during times of emergency. In addition to his/her responsibilities as Director of Emergency Services, the Coordinator shall have the additional duties and powers, as described below and in the OA EOP: Direction and Coordination Serve as key decision -maker in the OA EOC, providing direction and coordination necessary to accomplish the purposes of this Agreement and responsibilities of the OA Lead as specified in Title 19 California Code of Regulations Section 2409Seb Operational Area Representative Represent the OA in all dealings with the public or private agencies on matters pertaining to emergencies as defined in Section 3-1-2 of the Orange County Code of Ordinances. 4.2 Operational Area Manager By this Agreement, the Council creates and recognizes the position of an OA Manager. The OA Manager shall be the County Emergency Manager as specified in Section 3.1.6 of the orange County Code of Ordinances and County Board of Supervisors Resolution 12-036, as presently existing or as hereafter amended. 4.2.I Powers and Duties The OA Manager shall have the following powers and duties: Administration of Operotionol Areo Agreement On a day-to-day basis, ensure County -specific responsibilities detailed In Section 3.2 are met. Staff to the Operational Area Executive Board serve as staff to the Executive Board, maintain close liaison with the Executive Board, and coordinate all activities of assigned OA staff with the Executive Board. 11 January 2020 55B-20 Orange County Operational Area Agreement Daily Coordination and Assistonce Direct the daily coordination and cooperation between the county emergency management staff, Subdivisions, and Executive Board Subcommittees, including OCEMO. Resolve questions of authority and responsibility that may arise between them, and work closely with and assist the Executive Board, as required. Notification of Emergency Operations Center Activation Notify the Board of Supervisors, the Executive Board, and OCEMO of an OA EOC activation as soon as practical, and keep the Executive Board and Board of Supervisors Informed on all aspects of a current emergency situation as soon as information becomes available. OCEMO Support Serve on OCEMO Leadership. Provide support to OCEMO for agendas, minutes and administrative support only. Staff support to OCEMO subcommittees shall be provided by OCEMO members. Budget and Staffing Develop an annual operating budget and staffing recommendations, and monitor the expenditures at the direction of the Executive Board. AfterAction Reports Coordinate with OCEMO for the development of after action reports for the Executive Board following activations of the OA EOC. Resource Coordination Act as the coordination point between Subdivisions and the Cal DES on a day-to-day basis for Emergency Management Mutual Aid (EMMA) resource requests, in accordance with the State of California Emergency Management Mutual Aid Plan. The OA Manager may also coordinate other OA mutual aid requests, as appropriate. January 2020 12 55B-21 Orange County Operational Area Agreement Section Five. Operational Area Response Systems 5.1 Operational Area Emergency Operations Plan Under the direction of the Executive Board, county emergency management staff shall be responsible for maintaining the OA EOP, which shall provide for the effective mob il€zat€on of all OA resources, both public and private, to meet any condition constituting an emergency; and shall provide for the organization, powers and duties, and staff of the OA emergency response organization. This responsibility is inclusive of the EOP and any associated Annexes and SOPS. 5.1.1 Compliance The OA Emergency Operations Plan shall comply with applicable local, state and federal planning criteria, including NIMS and SEMS. 5.1.2 Functional Assignments The OA EOP shall include the functions assigned to the mutual aid organizations, County agenclesjdepartments and Subdivisions. It shall be the responsibility of agency/department heads and Subdivisions to appoint staff who shall report to the OA EOC and carry out the assigned duties as appropriate. 5.1.3 Approval Updates and revisions to the OA EOP and annexes will be effective on approval by the Executive Board. SOPS and other support documents may be updated on an ongoing basis by county emergency management staff as long as changes are consistent with approved plans and annexes. 5.2 Operational Area Emergency Operations Center 5.2.1 Location The primary and dedicated County EOC located at 2644 Santiago Canyon Rd., Silverado, California, or alternate as designated, shall serve as the OA EOC. Communication connection to the OA EOC shall be the respons€biIity of each Subid ivis!on and Mutual Aid Coordinator or their representative. 5.2.2 Required Activation Activation of the OA EOC is required under the conditions defined by SEMS, Title 19 California Code of Regulations Section 2409(f), the Orange County OA EOP and associated Annexes. S.2.3 Staff for the Operational Area Emergency Operations Center The County shall provide initial OA EOC activation staff. Subdivisions with available resources shall provide secondary and relief OA EOC staffing. Emergency management or other mutual aid shall be used to staff the OA EOC as necessary. The County declares its willingness to provide a staff member to an impacted Subdivision's EOC or Incident Command Post to act as an OA coordination point, if desired by the Subdivision and as personnel availability and safety concerns allow. 13 January 2020 55B-22 Orange County Operational Area Agreement Section Six. Operational Area Finance 6.1 Operational Area Expenses and Revenues Operutionul AreuAdministrative Expenses This Agreement recognizes that there are day-to-day costs associated with OA administration and emergency management activities; these costs are separate from County -specific emergency management activities. The County shall provide administrative staffing for the OA to carry out the duties as delineated in Section 3.2 and Section 4 of this Agreement; however, the County shall not be solely responsible for the costs of administering the OA. The County Board of Supervisors has the over -arching authority and responsibility to approve the county emergency management budget that supports both County and OAemergency management activities. To offset costs of the OA, the Executive Board shall be responsible for the acquisition and distribution of federal, state, and business or private foundation emergency management grant funds. For emergency management grant funds made available to the OA for distribution among the Subdivisions, the Executive Board will reviewand approve proposed funding allocation methods. Their review will take into consideration recommendations from OCEMO, acting in their role as subcommittee to the Executive Board. To offset administrative costs, a percentage of such grants may be allotted to the OA before apportionment among the subdivisions. If funding becomes available with a short application period that does not allow for OCEMO, Executive Board, and County Board of Supervisors pre -approval, then approval will be sought retroactively through the ratification process set forth by the County Board of Supervisors. The County or any Subdivision may fund through general or special funds any services, supplies, or programsthat theyseparately or jointly determine are necessary to complywith laws or regulations, or that serve the purposes of emergency prevention, preparedness, response, recovery and mitigation on an OA level. Costs of Operationol Area during Emergency Response and Recovery During emergencies, all CA jurisdictions shall be expected to participate to the maximum extent possible, according to mutual aid and other agreements, with the understanding that during an emergency, the priorities are life safety, property, and the environment (in that order), regardless of which jurisdiction is impacted. This Agreement incorporates by reference the reimbursement concepts of the Emergency Management Assistance Compact, the California Disaster and Civil Defense Master Mutual Aid Agreement, and the State of California Emergency Management Mutual Aid Plan. Expenditures made in connection with such emergency activities required by this Agreement, the California Emergency Services Act and/or SEMS, including mutual aid activities, January 2020 14 55B-23 Orange County Operational Area Agreement shall be deemed conclusively to be for the direct protection and benefit of the persons and property in the OA. In deciding the level of OA response and resource commitment during emergencies, the County and Subdivisions agree to operate according to the EOP and supporting documents defined in Section 5.1 of this Agreement. Financial Reimbursement and Recovery Following Emergencies The County and each Subdivision are each individually responsible for developing, submitting, and rece I vi ng the I r o wn emergency aid, loans or grants from any source including Iocal, state, and federal governments. Each Is individually responsibleforthe timeliness, accuracy, and compliance of Its own expenditures submitted for reimbursement through such mechanisms. 15 January 2020 55B-24 Orange County Operational Area Agreement Section Seven. Operational Area Agreement Administration 7.1 Existing Agreements Nothing contained in this Agreement shalt be construed as superseding or modifying any existing agreements, including mutual aid agreements, except for supe rsed i n g the existing OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS dated October 3, 1995, and addenda; and nothing herein shall be construed as preventing any Party from entering into or modifying mutual aid or other emergency response agreements. 7.2 Effective Date This Agreement shall become effective six months after approval and execution by the County Board of Supervisors and at feast one Subdivision. Any Subdivision in Orange County may become a Party hereto by executing this Agreement. Notice shall be provided to the County upon a Subdivision's execution of this Agreement. 7.3 Withdrawal Any Party may withdraw from this Agreement by providing written notice to county emergency management staff. Said notice shall be given 30 days before withdrawal from this Agreement. 7.4 Indemnification Each Party shall defend, indemnity, and hold harmless the other Parties, and their officers, agents, employees and representatives from any and all losses, liability, damages, claims, suits, actions, administrative proceedings, demands, and litigation, and all expenses and costs relating directly to the negligent or otherwise wrongful acts or omissions of the indemnitor, its officers, agents, employees, or representatives arising out of or incidental to performance under this Agreement. No Party assumes liability for the acts or omissions of persons other than that Party's respective officers, agents, employees or representatives. 7.5 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. 7.b Interpretation Save to the extent that the context or the express provisions of this Agreement otherwise require • Headings and subheadings are for ease of reference only and shall not be taken into consideration in the interpretation or construction of this Agreement; • All references to Parts, Sections, and Paragraphs are references to Parts, Sections and Paragraphs contained herein; January 202G M. 55B-25 Orange County Operational Area Agreement ■ All references to any ordinance, resolution, law, regulation or guidance shall include references to any ordinance, resolution, law, regulation or guidance which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated, supplemented, substituted, novated, replaced, or assigned by the same and shall include, without limitation, any instrument, proclamation, bylaw, directive, decision, regulation, rule, order, notice, codes of practice, code of conduct, rule of court, instrument or delegated or other subordinate legislation thereto; • The words 'herein", "hereto" and "hereunder" refer to this Agreement as a whole and not to the particuIar Section, or Paragraph In which such word may be used; • Any reference to a public organization or representative shall be deemed to Include a reference to any successor to such public organization or representative or any organization or entity or representative which has taken over the functions or responsibilities of such public organization or representative. 7.7 Ambiguities In the case of any ambiguity or discrepancy: • Between the provisions in this Agreement and the provisions of any underlying Executive Order, law, or regulation, the provisions of underlying Executive Order, law, or regulations will be incorporated by approval of the Executive Board and written notice shall be provided to all Parties. • Between the provisions in this Agreement and the provisions of any underlying mutual aid agreement or EOP, the provisions of this Agreement shall prevail until such time as the OA Executive Board considers the matter and notice of proposed resolution to such issues are provided to all Parties. 7.8 Amendment This Agreement may not be amended or modified except in a writing executed by a majority of all signature Parties as defined by Section 2.1 of this Agreement. i11 January 2020 55B-26 OPERATIONAL AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL SUBDIVISIONS DATED: f ✓ c) ATTEST: eL� p �7 c Ry: 1 rrt n,� i zYG1 Robin Stieler, Clerk of the Board County of Orange Date 5 � I -f I �v NOTICE TO COUNTY OF ORANGE TO SE GIVEN TO: City/jurisdiction Donna Boston Name County of Orange City/furlsdictm 2644 Santiago Canyon Road Address Silyerado, CA 92676 C{tylstate/tiP 71"29-7154 FAX Numher APPROVED AS TO FORM: Wen dy Ph i I I iirs, Senior Dep uty Cou nty Counsel County of OranKe Dated L2 ZZL) County of Orange (C4 orJunsdiction 9Y Michelle Steel, Chairwo County of Orange 55B-27 Orange County Operational Area Agreernent ATTEST. M Date NOTICE TO TO BE GIVEN TO. City/purlsd:[tion Name Cityllunsdiction Address Chapter 3 City/$we/2ip FAX Number APPROVED AS TO FORM: Dated IS January 2020 55B-28 55B-29 IN WITNESS WIIEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Tamara Bogosian Assistant City Attorney CITY OF SANTA ANA MIGUEL PULIDO Mayor David Valentin Chief of Police 55B-30 EXHIBIT 2 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AN AGREEMENT BETWEEN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AND ALL OTHER POLITICAL SUBDIVISIONS IN ORANGE COUNTY TO FORM AN EMERGENCY MANAGEMENT OPERATION AREA IN COMPLIANCE WITH TITLE 19, CALIFORNIA CODE OF REGULATIONS, SECTION 2400 ET SEQ., AND GOVERNMENT CODE SECTIONS 8550 ET SEQ. WHEREAS, Title 19 California Code of Regulations Section 2400 et seq. and Government Code Section 8550. et seq. state that the purpose of the Standardized Emergency Management System, hereafter referred to as the "SEMS Regulations", is to standardize responses to emergencies involving multiple jurisdictions or multiple agencies; and WHEREAS, the purpose of an Operational Area, as defined in Government Code 8605 and Title 19 California Code of Regulations Sections 2403 and 2409, is to manage and coordinate information, resources, and priorities among the local governments within the geographic area of the County, and to serve as the coordination and communication link between the local government level and the regional level of the State; and WHEREAS, the Operational Area is one of the required components of SEMS; WHEREAS, the SEMS Regulations require the County government to serve as the lead agency of the Operational Area unless another member agency of the Operations Area assume that responsibility by written agreement with the County government; and WHEREAS, the purpose of the Orange County Operational Area Agreement is to provide for the mutual and cooperative handling of the duties and responsibility of the Operations Area; and WHEREAS, the Operational Area Agreement establishes as Operational Area Council made up of representative of each Political Subdivision with the Orange County geographical area; and WHEREAS, the Orange County Operational Area Agreement supplants the existing October 3, 1995 Orange County Operational Area Agreement which was adopted by the City Council of the City of Santa Ana on October 5, 1998 by Resolution 98-070. Resolution 2020-XXX Page 1 of 3 55B-31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: The City Council of the City of Santa Ana hereby adopts an Agreement between the City of Santa Ana, County of Orange, and all other Political Subdivisions in Orange County to form an Operational Area for the purposes of emergency preparedness, response, and recovery as required by Title 19 of California Code of Regulations Section 2400 et seq. and Government Code 8550 et seq.; and 2. Recognizes the County of Orange as the lead agency for coordinating Operational Area emergency management activities; and 3. Appoints the City Manager to serve as the City's representative on the Operational Area Council, with the Emergency Services Coordinator serving as the alternate; and 4. Authorizes the Mayor and City Clerk to execute the Operational Area Agreement. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21st day of July, 2020. /_1»061 1DLFarU701VJiI SONIA R. CARVALHO City Attorney By: WWA—� Tamara Bogosian Assistant City Attorney Miguel A. Pulido Mayor Resolution 2020-XXX 55B-32 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers I_1:I31F-310 10TOU a1IH ,ilTm NOT PRESENT: Councilmembers I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July , 2020. Date: Resolution 2020-XXX Page 3 of 3 Clerk of the Council City of Santa Ana 55B-33 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: DESIGNATE A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES 2020 GENERAL ASSEMBLY /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �1��►1�1�1:3q:7 RECOMMENDED ACTION Designate a voting delegate and select up to two alternates for the League of California Cities' Annual Conference's General Assembly scheduled for October 9, 2020. DISCUSSION The League of California Cities' (League) annual conference is scheduled from October 7-9, 2020. On July 15, 2020, the League announced that the annual conference will be a virtual event, attached as Exhibit 2. Of particular significance at the conference, the annual League Business Meeting will request its membership to take action on conference resolutions that establish various policies. To expedite the conduct of business, every City is being requested to designate a voting representative and two alternates who will represent the City at the League Business Meeting (Exhibit 1). League bylaws indicate that each city is entitled to one vote and take a position on matters affecting municipal or League policy. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted by: Daisy Gomez, Clerk of the Council Exhibits: 1. League of California Cities Correspondence — Designation of Voting Delegates and Alternates 2. Notice of Virtual Conference 60A-1 EXHIBIT 1 Ll�OEA�GUE CITIES Council Action Advised by August 31, 2020 June 30, 2020 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo — October 7 — 9, 2020 The League's 2020 Annual Conference & Expo is scheduled for October 7 — 9. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, October 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. These procedures assume that the conference will be held in - person at the Long Beach Convention Center as planned. Should COVID-19 conditions and restrictions prohibit the League from holdingan n in -person conference, new procedures will be provided. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a.m. — 6:00 p.m.; Thursday, October 8, 7:00 a.m. — 4:00 p.m.; and Friday, October 9, 7:30 a.m.-11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form OfCAGUE CITIES CITY: OF SANTA ANA 2020 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Wednesday, September 30, 2020. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk (circle one) (signature) Email Date Please complete and return by Wednesday. September 30, 2020 Phone League of California Cities FAX: (916) 658-8240 ATTN: Darla Yacub E-mail: dyacub@cacities.org 1400 K Street, 4In Floor (916) 658-8254 Sacramento, CA 95814 tLEAGUE CITIES Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pickup the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. EXHIBIT 2 July 15, 2020 Dear City Leaders, The League of California Cities Annual Conference & Expo is one of the most important events of the year for city officials to learn and collaborate on solutions to common challenges and an opportunity to celebrate the accomplishments. With so many factors related to the COVID-19 pandemic still unknown and the health and safety of League members, staff, partners, vendors, and guests as our top priority, the Board Executive Committee has made the decision to transform the annual conference, scheduled Oct. 7-9 in Long Beach, into a virtual event. Apart from health and safety considerations, we also looked at a variety of factors including the logistical challenges of holding in -person meetings while following local and state orders regarding large gatherings, potential state and local restrictions on travel, and the tremendous pressure on city budgets that could impede your ability to attend an in - person conference. This was a difficult decision that was not made lightly as we understand the value of gathering face-to-face. However, the League is committed to making this an unparalleled virtual experience with general and breakout sessions, an Expo, and networking opportunities. While this isn't the way we would have planned it originally, many opportunities emerge in a virtual environment that are impossible in an in -person conference, and we are quite excited about the possibilities of this reimagined experience. Over the last four months, League staff have worked tirelessly to reinvent how best to serve members in a virtual environment — with advocacy, education, and communication — and member engagement has never been stronger. Stay tuned for further details about the League's Annual Conference & Exoo. We will be sure to communicate additional information as soon as it is available. Thank you again for your unwavering leadership at this time. Be safe and stay healthy! Carolyn M. Coleman John F. Dunbar Executive Director President League of California Cities League of California Cities REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE. CONSIDER OPTIONS TO RECOGNIZE SANTA ANA RESIDENTS WHO HAVE SERVED IN THE U.S. MILITARY AND PROVIDE DIRECTION TO STAFF /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For �K•�►nl►m�.>rc. FILE NUMBER RECOMMENDED ACTION Accept informational report regarding options to recognize Santa Ana residents who have served in the U.S. military and provide direction to staff. DISCUSSION At the February 21, 2020 City Council meeting, members of the City Council directed staff to research options for consideration to recognize Santa Ana residents who have served in the U.S. military. This report provides an overview of some of the types of military recognition initiatives and programs for consideration by the City Council. Background According to the 2018 American Community Survey's 2018 1-Year Estimates, there are approximately 106,246 veterans in Orange County —approximately 4.3 percent of the adult population. Orange County has a long history of military presence in its communities. For example, a 1999 study by the Civil War Round Table of Orange County found that there are approximately 725 Civil War veterans interred in nine local cemeteries, including Fairhaven Memorial Park and Mortuary and the Santa Ana Cemetery in Santa Ana. In more recent times, Orange County was home to both the El Toro Marine Corps Air Station and the Santa Ana Army Air Base, in what is now Costa Mesa. Heroes Hall To celebrate the legacy of Orange County veterans, to honor their sacrifices, and to educate and inspire the community through their stories and personal experiences, in 2016 Orange County government officials established Heroes Hall —a free, permanent, year-round museum and education center with exhibitions, performances and educational programs that celebrate the legacy of Orange County veterans and others who have served in the U.S. military. The two-story exhibition space rotates themes semi-annually, with each focusing on an aspect of the personal stories and experiences of veterans. Housed in a renovated 1942 Santa Ana Army Air Base barracks building, Heroes Hall consists of 3,600 square feet of exhibition space, as well as the 65A-1 Options to Recognize Santa Ana Residents Who Have Served in the U.S. Military July 21, 2020 Page 2 Medal of Honor Courtyard and Orange County Walk of Honor (which was relocated from the Orange County Civic Center in 2016). Military Recognition Options Like other cities in Orange County, the City of Santa Ana is committed to honoring U.S. military veterans who have fought bravely for our freedom. Below is a consideration of initiatives and programs to pay tribute to Santa Ana residents who identify as U.S. military veterans. Incorporate Military Recognition into the Design of the Orange County Civic Center The Orange County Civic Center occupies approximately 75 acres of space in Downtown Santa Ana and comprises several City of Santa Ana, County of Orange, State of California, and Federal - owned and/or operated government buildings and open space. In February 2006, the County of Orange Board of Supervisors approved a Civic Center Facilities Master Plan (Master Plan). While the Master Plan primarily focuses on the functionality of the Civic Center as it relates to the use of County -owned buildings, the Master Plan relies upon the uses afforded by the entire Civic Center. Through a collaborative effort, the City of Santa Ana could partner with all of the Civic Center tenants, which would include engaging representatives of all of the government agencies at each level of government, to expand upon the County of Orange's Master Plan. Specifically, the City of Santa Ana could advocate for design elements for the Civic Center that incorporate military recognition. Such design elements could include physical enhancements like statues, monuments, memorial spaces (walks, plazas, fountains, walls, etc.) plaques, and other art installations, which recognize U.S. military veterans. Additional options include renaming park/open space with a military hero's name, encouraging new developments to have a veteran hero's name, renaming streets, renaming City Hall conference rooms with a military hero name, etc. Veterans Museum As recommended by a member of the City Council, staff could explore the feasibility of establishing a veterans museum. Deploy a Street Banner Program Cities across the United States utilize their street light and utility poles to display commemorative banners to recognize their residents who have served in the U.S. military. To implement these types of programs, it is common that the custom street banners display the name, branch, and year that the individual served, and are placed along main roads throughout the cities. The City of Santa Ana could utilize its existing street light/utility pole banner program to implement this option. Highlight Stories of Military Veterans in City -Issued Printed Materials From time to time, the City of Santa Ana publishes printed materials and distributes them to residents across the City. This includes routine items such as utility bills, other recurring items such as the Parks, Recreation, and Community Services Agency Activity Guide, and other mailers. Some of these printed materials have space for the City to create content to share information, highlight activities and events, and showcase stories. As part of the content creation, the City could 65A-2 Options to Recognize Santa Ana Residents Who Have Served in the U.S. Military July 21, 2020 Page 3 use space to highlight stories of U.S. military veterans in newsletters, inserts into utility bills, and more. Specifically, the content could include a headshot, name of the individual, branch that they served, as well as the years served. Launch a Digital and Social Media Campaign to Tell Veterans' Stories Similar to the concept of using printed materials to share veterans' stories, the City could launch a digital and social media campaign. By using digital tools such as the City's website, electronic billboards and displays, and City social media (Facebook, Instagram, Twitter, and Nextdoor), the City could create content that recognizes veterans by name and accompanying biography. Reimagine Military Recognition at the Fourth of July Celebration For the past several years, the City of Santa Ana has hosted an annual Fourth of July celebration at Centennial Park. The purpose of the event is to provide shared space for the community to celebrate and recognize the independence of the United States, as well as to commemorate those who have served in the U.S. military and have fought for and preserved the freedoms that residents enjoy. Currently, as part of the Fourth of July celebration's programming, U.S. military veterans in attendance are invited to gather at the main stage area to be recognized. Members of the Santa Ana City Council and other Orange County elected officials are invited to speak and recognize the participating veterans as well. While the City was unable to host a Fourth of July celebration in 2020 due to COVID-19, the City could consider reimagining the ways in which U.S. military veterans are recognized as part of the Fourth of July celebration. Options to consider include a formal ceremony, a parade, or other activities which focus on veterans. Partner with Veterans -Related Organizations to Support their Existing Programs and Services There are veterans -related organizations throughout Santa Ana and surrounding Orange County that provide networking and other services for U.S. military veterans. These organizations include: Santa Ana College's Veterans Resource Center, Santa Ana Public Library's Veterans Resource Center, County of Orange's Veterans Service Office, the American Legion, VFW, VetNet-Working Wardrobes, State of California Department of Veterans Affairs, State of California Employment Development Department, Santa Ana WORK Center, United Mexican American Veterans Association, OC Veterans Advisory Council, Air Force 2 Workforce, Veterans Legal Institute, and U.S. Department of Veterans Affairs. This is not meant to be an exhaustive list. These organizations work with U.S. military veterans as part of their core operations. By Working collaboratively with these organizations, the City of Santa Ana could potentially find ways to provide support to these organizations to continue to serve and recognize U.S. military veterans who reside in Santa Ana. Veterans Day Events Taking into consideration that the City must adhere to federal guidance, the State of California's stay-at-home requirements, and other health requirements as directed by the California 65A-3 Options to Recognize Santa Ana Residents Who Have Served in the U.S. Military July 21, 2020 Page 4 Department of Public Health in response to the COVID-19 emergency, the opportunity to host in - person events on Veterans Day may be limited in 2020. However, this presents an opportunity to collaborate with stakeholders in the veteran community to plan and coordinate events and programming with veteran -related organizations. In addition to common recognition ceremonies and parades, the City of Santa Ana could consider providing monetary or in -kind sponsorship for activities and events hosted by these organizations. Examples include meet -and -greet networking events, professional development activities, performances, trainings, and more. The Santa Ana Regional Transportation Center (SARTC) could be used as a venue to host such events. Next Steps The purpose of this informational report is to share examples of common military recognition initiatives and programs for consideration by the City Council. At this time, staff seeks input from the City Council relating to other ideas to recognize Santa Ana residents who have served in the U.S. military. Upon receiving direction from the City Council, staff will further evaluate the options presented in this staff report, as well as research additional ideas discussed by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager — City Manager's Office 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE. PUBLIC HEARING — ADOPT A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT NO. 2019-21 TO ALLOW THE 24-HOUR OPERATION OF A PROPOSED 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION TO BE LOCATED AT 813 NORTH EUCLID STREET CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2019-21 as conditioned. DISCUSSION At the February 10, 2020 Planning Commission meeting and after holding a public hearing on the item, the Planning Commission voted 5:0 (Contreras -Leo and Garcia absent) to recommend approval of the Mitigated Negative Declaration Environmental Review No. 2018-18, Mitigation Monitoring and Reporting Program (MMRP), Amendment Application (AA) No. 2019-03 and Conditional Use Permit (CUP) No. 2019-21 (Exhibit 2). At its regular meeting on March 17, 2020 after holding a public hearing on the item, the City Council voted 6:0 (Mayor Pulido absent) to approve Mitigated Negative Declaration Environmental Review No. 2018-28 and a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. The City Council also approved Amendment Application (AA) No. 2019-03 to allow the construction of a 3,045-square food convenience store and an eight pump service station. To address concerns of community impact, the Council continued Conditional Use Permit (CUP) No. 2019-21 (Exhibit 1) to allow the applicant to perform additional community outreach. At the March 17, 2020 City Council meeting, several concerns were raised by the City Council regarding the 24-hour operation of the convenience store. Specifically, concerns were raised about a 24-hour operation adjacent to sensitive land uses such as residential and a religious temple. Additional concerns regarding the potential for the store attracting homeless individuals and loitering while being open in the late hours were also raised. Based on City Council feedback, Adan Madrid, the project applicant, performed door-to-door outreach to residents within a 500-foot radius of the subject site. The applicant made contact with approximately 200 residents and was able to provide information on the project and background on the request for a 24-hour operation. A flyer was made available in English and Spanish that 75A-1 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 2 provided a brief description of the project and invited the residents to reach out to Mr. Madrid to discuss the project. Based on this door-to-door outreach, the applicant submitted a petition with signatures in support of the project. The applicant also discussed the project with the operators of the Buddhist Temple located to the east of the subject site. The members of the Buddhist Temple have expressed support for the project and the hours of operation. Outreach documentation can be found in Exhibit 3 attached to this report. Regarding concerns related to potential impacts affecting the quality of life of the neighbors, the applicant will be implementing measures identified in the mitigation monitoring program, as well as the construction of a perimeter block wall to address potential noise and lighting concerns. Concerns related to homeless individuals and loitering are proposed to be addressed by the implementation of measures that deter loitering through site design (i.e. building orientation, transparent glass, lighting, security cameras), 'No Loitering' signage, maintaining a graffiti free site, and site monitoring, to ensure a safe and beneficial site while reducing the potential for loitering and homelessness. Lastly, conditions of approval requiring a 24-hour emergency contact be posted and available to the City and surrounding properties, as well as requiring good neighbor policies of trash/litter collection within 50 feet of the subject property on a daily basis, have been added to ensure high -quality maintenance for the duration of the project. Attached for the City Council's review is documentation submitted by the applicant that addresses concerns raised by the City Council (Exhibit 3). Staff acknowledges the efforts that the applicant has made, including contacting those residents directly impacted by the proposed use. As a result, staff is recommending that the City Council approve CUP No. 2019-21 as conditioned. Project Description The applicant is requesting approval to allow a 7-Eleven convenience store to operate 24 hours per day. In March 2020, the City Council approved AA No. 2019-03 to change the zoning of the subject property to commercial and allow a convenience store (retail) and a service station on the vacant site. Protect Analysis Conditional Use Permit for Afterhours The applicant is requesting approval of a CUP to allow the proposed convenience store to operate on a 24-hour per day, seven days per week basis, which is typical for a 7-Eleven store. Pursuant to SAMC Section 41-365.5(h), retail markets having less than twenty thousand (20,000) square feet of floor area, which are open at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. require approval of a CUP. The purpose of regulating after-hours operations is to preserve the surrounding community characteristics and minimize any negative secondary impacts. The project site is bounded by multi- family residential to the north, a Buddhist temple and residential use to the east, single-family and multi -family residential to the west, and a two-family residence to the south. To minimize nuisance impacts to the surrounding area, staff has included conditions of approval that require the air/water machine be shut-off between the hours of 10:00 p.m. and 7:00 a.m. and to plant a row of Italian cypress trees along the southern perimeter of the property to provide additional screening to the residential areas. 75A-2 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 3 The proposed hours of operation are consistent with other convenience stores and service stations along the Euclid Street corridor. The proposed after-hours operations will provide an ancillary service to the community and individuals seeking to fuel their vehicles, have a morning coffee and/or snack, especially for those residents and commuters who wake up early for work. In addition, this promotes a balance of land use that assist in enhancing the City's economic and fiscal viability. As conditioned, the proposed after-hours operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Staff is recommending approval of the request for afterhours operation as the added conditions of approval will minimize any potential negative impacts on the adjacent sensitive land uses. The redevelopment of a vacant site with a convenience store and gas station will be compatible with the surrounding community and generate sales tax revenue for the City. Finally, the applicant has, at the request of the City Council, provided additional outreach and has submitted all documentation to the City for review. As illustrated by the provided documentation, the community and adjacent neighbors have shown interest in the development of the site and the 24-hour operation. ENVIRONMENTAL IMPACT As part of the City's permitting process, the proposed project was required to undergo an environmental review per the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study/Mitigated Negative Declaration (ER No. 2018-28). Sections 15070 through 15075 of the State CEQA Guidelines (Article 6) guide the process for the preparation of a negative declaration (ND) or mitigated negative declaration (MND). The MND and MMRP were approved at the March 17, 2020 City Council meeting. No further environmental review is required, as the request for afterhours operation of the subject 7- Eleven convenience store is a component of the approved MND. ECONOMIC DEVELOPMENT The project will generate a combination of property tax revenue, sales tax revenue, and temporary and permanent jobs for the community. Property tax revenue will increase as the vacant lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $1,700,000 resulting in approximately $19,128 in annual property tax. Upon completion, the property is estimated to be valued at approximately $3,500,000. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. According to the plan check submittal, a total of $22,000 was collected for permit fees, with the improvements estimated at approximately $606,000. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 new job opportunities will be created at this specific location. FISCAL IMPACT There is no direct fiscal impact associated with this action. 75A-3 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 4 Submitted By: Minh Thai, Executive Director - Planning and Building Agency Exhibits: 1. After -Hours CUP Resolution 2. February 10, 2020 Planning Commission Staff Report 3. Community Outreach Documentation 75A-4 EXHIBIT 1 LS 7.21.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 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. Adan Madrid with ASI Development, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Conditional Use Permit No. 2019- 21 to allow a 7-Eleven convenience store and service station to operate 24 hours per day, seven days per week, at the property located at 813 North Euclid Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the City Council is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly -noticed public hearing for Conditional Use Permit No. 2019-21. After staff presentation and public input, the Planning Commission voted 6:0:1 (Rivera absent) to continue the item to the February 10, 2020 Planning Commission meeting in order to provide the Commission additional information pertaining to vehicle circulation, perimeter fencing, landscaping and lighting. E. On February 10, 2020, the Planning Commission held a duly -noticed public hearing for Conditional Use Permit No. 2019-21 to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. After such hearing, the Planning Commission voted to recommend that City Council approve the project. Resolution No. 2020-xx 75A-5 Page 1 of 10 F. On March 17, 2020, the City Council of the City of Santa Ana held a duly - noticed public hearing to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. At such hearing the City Council adopted Resolution 2020-020 approving and adopting Mitigated Negative Declaration Environmental Review No. 2018-28 and adopting a Mitigation Monitoring and Reporting Program relative to Amendment Application No. 2019-03; approved Amendment Application No. 2019-03 rezoning the property from Two -Family Residential (R-2) to Community Commercial (C-1); and continued this resolution for Conditional Use Permit No. 20190-21 for 24-hour operation until Applicant had performed community outreach. H. Based on Council feedback, the Applicant performed door-to-door outreach to residents within a 500-foot radius of the subject site. The Applicant made contact with approximately 200 residents and was able to provide information on the project and background on the request for 24- hour operation. A flyer was also available in English and Spanish that provided a brief description of the project, and invited the residents to reach out to the Applicant to discuss the project. Based on this door-to- door outreach, the Applicant has submitted a petition in support of the project with signatures collected from those residents in support of the 24- hour operation of the convenience store and service station. Furthermore, the Applicant was able to discuss the project with the operators of the nearby Buddhist Temple, which has now expressed support for the project. On July 21, 2020, the City Council of the City of Santa Ana held a duly - noticed public hearing to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21 at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. J. The City Council of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-21, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store and service station will provide an additional amenity to individuals wishing to have an early coffee and/or meal. Allowing the store and fuel pumps to be open 24 hours per day, seven days per week, will create a Resolution No. 2020-xx 75A-6 Page 2 of 10 one -stop shop location for residents and commuters. Additionally, the extended hours will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the City. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a vacant site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways, exterior lighting and security cameras. These features will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed on the CUP that will mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 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 present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2020-xx 75A-7 Page 3 of 10 The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation Monitoring and Reporting Program were prepared and previously adopted by the City Council with respect to this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute Resolution No. 2020-xx 75A-8 Page 4 of 10 resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-21, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 813 North Euclid Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 10, 2020, the Request for City Council Action dated March 17, 2020, the Request for City Council Action dated July 21, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 6f,� Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2020-xx 75A-9 Page 5 of 10 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-1 0 Page 6 of 10 WVCQ7mL1 Conditions of Approval for Conditional Use Permit No. 2019-21 Conditional Use Permit No. 2019-21 for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet each of the following conditions of approval: The Applicant must comply 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. All proposed site improvements must conform to Development Project Review (DP) No. 2018-08 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened, and the proposed trash enclosure shall be screened by a four (4) foot high landscape hedge and incorporate vines. The plan shall also incorporate a row of Italian cypress trees, or similar species to be planted along the southern perimeter of the property to provide additional screening to the residential uses to the south (Modified by staff on February 10, 2020). 4. Prior to issuance of a building permit for the structures, the existing perimeter wall shall be increased to seven feet in height. (Added by staff on February 10, 2020). 5. All existing and new perimeter walls shall be painted or coated in anti -graffiti coating, and vines shall be planted along all such walls. 6. To deter loitering and illegal dumping, the landscape plan shall include dense landscaping and a minimum five (5) foot tall wrought iron fence at the southeast corner of the subject site between the southerly edge of the building and the southern property line. 7. The location of the trash enclosure and the air/water machine must be designed to minimize any potential impacts to the residential uses to the south of the subject Resolution No. 2020-xx 75A-11 Page 7 of 10 site. Final location of the trash enclosure shall be subject to the approval of the Planning Manager. 8. The air/water machine must provide an automatic shut-off component to cease operation between the hours of 10:00 p.m. and 7:00 a.m. 9. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property;- the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Resolution No. 2020-xx 75A-1 2 Page 8 of 10 maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 13. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coin -operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. Provide a Closed Circuit Television System approved by the Police Department which is capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. Resolution No. 2020-xx 75A-13 Page 9 of 10 19. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 20. Exterior lighting shall be shielded and/or directed away from residential areas. 21. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m. 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 24. The sale of alcoholic beverages shall be prohibited. 25. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 26. Applicant, at his or her sole expense, shall be responsible for removing trash/litter on the subject property and within 50 feet of the subject property on a daily basis. 27. Applicant shall provide the City and owners/occupants of surrounding properties with a 24-hour emergency contact. Resolution No. 2020-xx 75A-14 Page 10 of 10 EXHIBIT 2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 10, 2020 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2018-28, AMENDMENT APPLICATION NO.2019-03, AND CONDITIONAL USE PERMIT NO.2019-21 FOR A PROPOSED 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET (STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Pla g M nager 1. Adopt a resolution approving Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28, 2. Adopt an ordinance approving Amendment Application No. 2019-03 to change the zoning designation from Two -Family Residence (R-2) to Community Commercial (C-1). 3. Adopt a resolution approving Conditional Use Permit No. 2019-21 as conditioned. Executive Summary Adan Madrid with ASI Development, representing 7-Eleven, Inc., is requesting approval of an Amendment Application (AA) to change the zoning of the property from Two -Family Residential (R- 2) to Community Commercial (C-1) to facilitate the construction of a new 3,045-square-foot convenience store (7-Eleven) and service station at 813 North Euclid Street. Additionally, the request includes approval of a conditional use permit (CUP) to allow the convenience store to operate 24- hours per day, seven days per week. In accordance with the California Environmental Quality Act, an initial study and mitigated negative declaration (IS(MND) was prepared for this project. Approval and adoption of the MND and Mitigation Monitoring and Reporting Program (MMRP) is required by the City Council. Staff is recommending approval of the project to facilitate redevelopment of a vacant site with a convenience store and gas station that will be compatible with the surrounding community and generate sales tax revenue for the City. 75A-15 1-1 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 2 Protect Description The applicant is proposing to construct a new 3,045-square-foot 7-Eleven convenience store and service station with four fueling stations that will accommodate eight vehicles. The project also includes construction of an 1,800-square foot canopy and surface parking lot with 16 parking spaces and approximately 5,937 square feet of landscaping. Site access will be provided via two driveways, one located along Euclid Street and the other located along Hazard Avenue. The 7-Eleven convenience store is proposing to operate 24-hours per day, seven days per week. Table 1: Protect and Location Information � wr .., TNa a.� A Project Address 813 North Euclid Street Nearest Intersection Euclid Street and Hazard Avenue General Plan Designation General Commercial Existing Zoning Designation Two -Family Residence (R-2) Proposed Zoning Designation Community Commercial (C-1) Surrounding Land Uses North Multi -Family Residential East Religious Institution South Two-Family/Multi-Family Residential West Two-Family/Multi-Family Residential Property Size 28,091 square feet (0.65 acres) Existing Site Development The site is currently vacant Use Permissions/Proposed Development A 3,045-square-foot convenience store subject to approval of a zone change from R-2 to C-1 After -Hours operation subject to approval of a CUP Zoning Code Sections Affected Uses SAMC h)ections 41-365(a), 41-365(q) and 41- Development & Operational Standards SAMC Sections 41-367 to 41-374 Entitlements SAMC Chapter 41, Article V, Division I and Division II The architecture of the convenience store follows a modern contemporary style found at other 7- Eleven locations and features stone and stucco finishes, steel canopies, and trellises. The gas station canopy also features the same finishes and style. Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2A: Land Use Standards M Iy-� wvd F'. Convenience Store and Service Station Subject to approval of the Amendment Application 75A-16 1-2 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 3 Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the Subject to approval of a Conditional Use Permit hours of 12:00 midnight and 5:00 a.m. Table 213: Development Standards Front yard and Side yard street 15 feet minimum Complies; 15 feet Side yard (interior) None Complies; 6 feet, 9 inches Rear yard None Complies; 0 feet Lot Size & Frontage 15,000 sq. ft. and 120 feet of street frontage Complies; 28,091 square feet and 324 feet of frontage Building height 35 feet maximum Convenience Store: Complies; 24 feet, 4 inches Gas Station Canopy; Complies; 22 feet, 5 inches Off-street Parking 15 parking spaces Complies; 16 spaces Floor Area Ratio (FAR) 0.50 FAR maximum Complies; 0.17 FAR Driveway Width (service station) 35 feet maximum Complies; 25 feet Monument Sign 1 monument sin maximum Com lies; 1 monument sign Project Background and Chronologv Planning Commission Action On January 27, 2020, the Planning Commission held a public hearing to consider the applicant's proposed development. After staffs presentation and public testimony, the Planning Commission voted to continue the item fortwo weeks in orderfor staff to provide the Commission with additional information pertaining to vehicular circulation, perimeter fencing, landscaping, lighting, and site security, The approved Traffic Impact Analysis (TIA) for the project concludes that the project driveways would operate safely provided vehicles entering the site on Euclid Street are limited to right -in and right -out movements only. Vehicles utilizing the Hazard Avenue driveway are permitted to make both left and right turns to enter and exit the site. The TIA analysis also notes the future installation of future bikeway master plan improvements along Euclid Street and Hazard Avenue as well as project -specific off -site improvements. These improvements include removal and reconstruction of sidewalks on both streets to improve pedestrian walkability and the reconstruction of a new ramp and curve at the northwest corner to help reduce the speed of vehicles turning right from Euclid Street to Hazard Avenue. The TIA also notes Hazard Avenue will be restriped in order to provide an exclusive eastbound right -turn lane before crossing Euclid Street when headed eastbound. 75A-17 1-3 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 4 The subject site currently provides a six-foot tall CMU perimeter wall along the east and south property lines that will be increased to seven feet in height. To address concerns raised about the perimeter wall, a condition of approval has been added requiring all new and existing walls be coated with anti -graffiti paint. The condition also notes that vines are to be planted along the length of all walls to reduce the surface available for graffiti. Additionally, the condition also requires a row of Italian cypress trees to be plated five feet of center along the southern perimeter to provide additional screening to the residential structures adjacent to the site. Furthermore, all onsite lighting will need to be reviewed and approved by the Police Department during plan check via the submittal and review of a photometric plan. All new light fixtures will be required to incorporate a deflector shield to eliminate light intrusion onto residential uses to the south and the religious use to the east. Finally, it was determined that future calls for service at the site are anticipated to be minimal and will not result in a burden on the Police Department, and that 7- Eleven is a national chain that has established systems and processes in place to address security concerns, and that because the project is not located in a high crime area, a security plan would not be needed for the project. Background The existing lot has been vacant since 1987, when the previous service station ceased and all structures and facilities were removed. Prior to the proposed development, the property was considered for a medical office building in 2015. In March 2018, the Planning Division received the current development application and has been working with the applicant to refine the site plan and building design. In accordance with the Sunshine Ordinance, the applicant held a community meeting on May 12, 2018 to review the proposed development and receive feedback from the community. One member of the public attended. There were no concerns expressed regarding the operation of the service station besides the sale of alcoholic beverages. It was noted that the sale of alcoholic beverages at this location is not allowed per the City's alcoholic beverage ordinance. Project Analysis Amendment Application (Zone Change) The applicant is requesting approval of an AA to change the zoning of the subject property from R-2 to C-1. The zone change will allow for a convenience store (retail) and a service station and will be consistent with the City's General Plan land use designation of General Commercial (GC). The existing R-2 zoning limits the use of the subject site to primarily residential uses, while the C-1 zoning will allow the retail and service station by right. The 1998 General Plan land use map designates the subject properties as GC, with the 0-1 designation being a compatible zoning district of the General Plan. The GC designation applies to commercial corridors in Santa Ana, including those located along Euclid Street. The GC districts are key components in the economic development of the City and provide visible and accessible 75A-18 1-4 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 5 commercial developments along the City's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and educational uses. It is also intended to provide support facilities and services for residential areas such as office and retail, restaurants and various other services, including the proposed service station and convenience store. Conditional Use Permit for After-hours Operation The applicant is requesting approval of a CUP to allow the proposed convenience store to operate on a 24-hour per day, seven days per week basis, which is typical for a 7-Eleven store. Pursuant to SAMC Section 41-365.5(h), retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require approval of a CUP. Should the AA be approved, a CUP for after-hours operation will be required. The purpose of regulating after-hours operations is to preserve the surrounding community characteristics and minimize any negative secondary impacts. The project site is bounded by multi- family residential to the north, a Buddhist temple and residential uses to the east, single-family and multi -family residential to the west, and a two-family residence to the south. To minimize nuisance impacts to the surrounding uses, staff is recommending that the air/water machine be shut-off between the hours of 10:00 p.m, and 7:00 a.m., which is also added as a condition of approval for the after-hours CUP. The proposed hours of operation are consistent with other convenience stores and service stations along Euclid Street, The proposed after-hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack, especially for those residents and commuters who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. As conditioned, the proposed after-hours operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Table 3: Police Department Analysis and Criteria for Recommendation J+ �M_ fiofice Dea A d C Pored Police Grid No., Rank, Police Grid No. 25; ranked 59 out of 102 Police Reporting Grids (57th percentile); 252 and Incidents incidents (376 avera a incidents in Citywide olice grids Threshold for High 539 incidents = 20% threshold; This reporting district is below the 20 percent Crime threshold established by the State for high crime. Police Department The Police Department contends that the operational standards applicable to after - Recommendation hours operation will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. The Police Department reviews conditional use permit applications for after-hours operation in order to ensure that the potential crime and nuisance behaviors associated with 24-hour operations are 75A-19 1-5 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 6 mitigated to the greatest extent possible. The Police Department has reviewed this application and has no objection granting the CUP for after-hours operation. The subject site is not located in the highest percentile for crime and through the review of calls for service in the last 365 days, the site has only received two calls, both of which were related to transient activity. In addition, the calls for service are not reflective of the proposed business or operations as the site is currently vacant. Based on available crime statistics forthis location, the site is not located within an area considered to be high in crime. The Police Department requires standard preventive measures for crime deterring to be established in sites such as this one. The items required by the Police Department include access to a closed circuit television system for the inside and outside of the store and site, door markers, timed -access cash vaults, appropriate interior and exterior lighting levels, and un- obstructed glass at the storefront. The Police Department contends that these standard preventive measures, and the location being outside of a high crime area, will provide adequate security measures. Finally, the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The 7-Eleven service station and convenience store will provide a one -stop shop option for late -night or early morning needs for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The conditions of approval for this CUP will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The 7-Eleven service station and convenience store is located on a major arterial thoroughfare and its operations will be compatible with other commercial uses in the near vicinity. Table 4. CEQA, Strategic Plan Alignment and Public Notification & Community Outreach ..th No A Mitigated Negative Declaration (MIND), Environmental Review G. 2018-28 with: technical studies was prepared for the project. No areas of unavoidable impacts were determined from the construction or operation of the proposed project (Exhibit 12). The CEQA Type project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address cultural and tribal cultural resources, geology and soils, hazards and hazardous materials, noise, and transportation/traffic. The Planning Commission will consider this MIND in their review of the project. On January B, 2020, the draft MIND was circulated to interested parties for 20 days and the notice of intent (NOI) was published in the Orange County Register and posted with Public Circulation the County of Orange Clerk. The draft MIND is available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the project's webpage on the City's Goal(s), Policy or Approval of this item supports Goal No. 3 (Economic Development) Objective No. 2 Policies (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) of the Citv's Strateaic Plan. 75A-20 1-6 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 7 Site posting A public notice was posted on the project site on January 17, 2020. Notification by mail was sent to all property owners and Required Measures Notification by mail occupants within 500 feet of the project site on January 17, 2020. Newspaper posting Newspaper posting was published in the Orange County Register on January 17, 2020. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on Saturday May 12, 2018 from 10:00 a.m. to 11:00 a.m. at the Salgado Center (706 N. Newhope Street) in accordance with the provisions of the City's Sunshine Ordinance. One member of the public attended. The applicant provided all the required information to the City after the meeting (Exhibit 11). The Riverview West Neighborhood Association was contacted to identify any areas of Additional Measures concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed project. As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study/Mitigated Negative Declaration (ER No. 2018-28). Sections 15070 through 15075 of the State CEQA Guidelines (Article 6) guide the process for the preparation of a negative declaration (ND) or mitigated negative declaration (MND). The MIND prepared for the project, as required by CEQA, contains a project description, project location map and findings that the project with mitigation will not have a significant effect on the environment. A copy of the initial study and mitigation measures to avoid potentially significant effects has been prepared (Exhibit 12). The scope of the MIND evaluates the proposed project's effects on the following resource topics: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The City hired a consultant to prepare a draft MIND and circulated it to all interested or required parties listed on the City's distribution list on January 6, 2020. A notice of intent to adopt was also published in the Orange County Reporter on January 6, 2020. The City circulated the draft MND for a 20-day public review between January 6, 2020 and January 26, 2020. The draft MND was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's webpage created for the project. This MND is intended to provide a means to receive and respond to comments pertaining to the analysis contained in the draft MND and to provide an opportunity for clarification, corrections, or minor revisions to the environmental document as needed. Since the 20-day review period for the draft MND is scheduled concurrently to the staff report being completed, any comments received during the review period will be considered during the report for request for council action report. 75A-21 1-7 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 8 As a result of the environmental analysis, no areas of significant impacts were found from the construction of the proposed project. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program. Mitigation measures have been outlined to address potential impacts on cultural and tribal cultural resources, geology and soils, hazards and hazardous materials, noise, and transportation/traffic, Economic Development The project will generate a combination of property tax revenue, sales tax revenue, temporary and permanent jobs for the community. Property tax revenue will increase as the vacant loft will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $1,700,000 resulting in approximately $19,128 in annual property tax. Upon completion, the property is estimated to be valued at approximately $3,500,000. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. According to the plan check submittal, a total of $22,000 was collected for permit fees, with the improvements estimated at approximately $606,000. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 new job opportunities will be created at this specific location. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve ER No. 2018-28, AA No. 2019-03 and CUP No. 2019-21 as conditioned. Assistant Pla IO:sb 8.,Tlanning Commissiont2020\02-10-206AA-2019-3 CUP-2019-21 813 N Euclid Street\813 N Euclid —PC Staff Report- 2-10-2020.docx 75A-22 1-8 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 9 Exhibits: 1. Resolution for Mitigated Negative Declaration & Mitigation Monitoring and Reporting Program 2. Amendment Application Ordinance 3. After-hours CUP Resolution 4. Vicinity Zoning & Aerial View 5. Site Photo 6. Site Plan 7. Floor Plan 8. Elevations 9. Renderings 10. Landscape Plan 11. Sunshine Ordinance Materials 12. Mitigated Negative Declaration & Mitigation Monitoring and Reporting Program 75A-23 1-9 This page left blank intentionally. 75A-24 1-10 EXHIPT 1 75 _) 1-11 This page left blank intentionally. RH 2.10.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET 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. Adan Madrid (Applicant) is requesting approval of Amendment Application No. 2019-03 to amend the zoning designation of the parcel located at 813 North Euclid Street from Two -Family Residence (R-2) to Community Commercial (C-1) to facilitate the construction of a 3,045-square foot convenience store and service station on the 0.65-acre property. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), the CEQA Guidelines and Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less than significant level. D. The City of Santa Ana prepared an Initial Study and Mitigated Negative Declaration (IS/MND) Environmental Review No. 2018-28 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Initial Study and Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address potential impacts on cultural and tribal resources, geology and soils, hazards and hazardous materials, noise and traffic. E. On January 6, 2020, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28 was published in 75A-27 1-13 the Orange County Register newspaper, circulated to interested agencies, organizations and parties, and the Orange County Clerk Recorder. F. The documents related to the Initial Study and Mitigated Negative Declaration were made available for a 20-day public review and comment period between January 6, 2020 and January 26, 2020 at Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. On January 27, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-28 and voted 6:0:1 (Rivera absent) to continue the item to the February 10, 2020 Planning Commission meeting in order to provide the Commission additional information pertaining to vehicle circulation, perimeter fencing, landscaping and lighting. J. On February 10, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-28 and recommended that the City Council adopt a resolution approving Amendment Application No. 2019-03, Conditional Use Permit 2019-01, and adopt Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and the Mitigation Monitoring and Reporting Program. K. On March 17, 2020, the City Council of the City of Santa Ana held a duly - noticed public hearing to consider all testimony, written and oral, related to Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28, prepared with respect to this project. The MND and 75A-28 1-14 Mitigation Monitoring and Reporting Program are attached herein as Exhibit A. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and adopts the MND and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28 and approves the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A, consistent with Public Resources Code section 21081.6; makes implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project, and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 18, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as well as all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), 75A49 brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A-30 1-16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2020. Date: Clerk of the Council City of Santa Ana 7,I'1 i- 7 EXHIBIT A Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation Monitoring and Reporting Program Online: hops://www.santa-ana ore/nb/manning-division/maior plannin�4projects and documents/euclid hazard-7-eleven-service-station Paper Copies Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 15A932 EXWT 2 1-19 This page left blank intentionally. 75A-34 1 - 20 RH 2.10.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO- FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2019-03 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 813 North Euclid Street from Two -Family Residence (R-2) to Community Commercial (C-1), described in Exhibit A. B. The zoning designation of the Community commercial (C-1) would bring the rezoned property into consistency with the General Plan land use designation of General Commercial (GC). C. The zoning designation of the Community commercial (C-1) would facilitate the development of a 3,045-square foot convenience store and 1,800-square foot fueling canopy D. On January 27, 2020, the Planning Commission held a duly -noticed public hearing and after considering the item, voted 6:0:1 (Rivera absent) to continue Amendment Application No. 2019-03 to the February 10, 2020 Planning Commission meeting in order for staff to provide additional information to the Commission pertaining vehicle circulation, perimeter fencing, and landscaping and lighting. E. On February 10, 2020, the Planning Commission held a duly -noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-03. F. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. G. The City Council, prior to taking action on this ordinance, held a duly -noticed public hearing on March 17, 2020. 75A-35 Ordinance No. NS-XXXX of 4 1-21 H. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 17, 2020 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2019- 03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommended that the City Council adopt an ordinance rezoning the real property located at 813 North Euclid Street from Two -Family Residence (R-2) to Community Commercial (C-1), (AA No. 2019-03). Amended Sectional District Map number 9-5-10 showing the above described change in use district designation, is attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated March 17, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and Mitigation, Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 28 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2020- (Environmental Review No. 2018-28) and Ordinance No. 2020- (Amendment Application No. 2019-03) are adopted and become effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, Ordinance No. NS-XXXX T%A 36 Page 2 of 4 authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this _ day of , 2020. Miguel A. Pulido APPROVED AS TO FORM: Mayor Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Ordinance No. NS-XXXX 75A-37 Page 3 of 4 1 - 23 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-38 Ordinance No. NS-XXXX Page 4 of 4 1 - 24 EXHIBIT 3 75A-39 1 - 25 This page left blank intentionally. 75A-40 1 - 26 RESOLUTION NO. 2020-xx RH 2.10.20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 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. Adan Madrid with ASI Development, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Conditional Use Permit No. 2019- 21 to allow a 7-Eleven convenience store and service station to operate 24 hours per day, seven days per week, at the property located at 813 North Euclid Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the City Council is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly -noticed public hearing for Conditional Use Permit No. 2019-21. After staff presentation and public input, the Planning Commission voted 6:0:1 (Rivera absent) to continue the item to the February 10, 2020 Planning Commission meeting in order to provide the Commission additional information pertaining to vehicle circulation, perimeter fencing, landscaping and lighting. E. On February 10, 2020, the Planning Commission held a duly -noticed public hearing for Conditional Use Permit No. 2019-21 to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred Resolution No. 2020-xx Page 1 of 9 F. On March 17, 2020, the City Council of the City of Santa Ana held a duly - noticed public hearing to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred, G. The City Council of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-21, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store and service station will provide an additional amenity to individuals wishing to have an early coffee and/or meal. Allowing the store and fuel pumps to be open 24 hours per day, seven days per week, will create a one -stop shop location for residents and commuters. Additionally, the extended hours will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the City. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a vacant site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed on the CUP that will mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 75A-42 Resolution No. 2020-xx Page 2 of 9 1 - 28 The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and Resolution No.2020-xx 75A-43 Page 3 of 9 1 - 29 attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation Monitoring and Reporting Program were prepared and adopted with respect to this project. Section 3. Conditional Use Permit No. 2019-21 shall not be effective unlelss and until the City Council reviews and approves Amendment Application No. 2019-03 and adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28, and the Mitigation Monitoring and Reporting Program. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no furtherforce and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council approve Conditional Use Permit No. 2019-21, as conditioned in Exhibit A, attached hereto and incorporated herein, for the Resolution No. 2020-xx 75A-44 Page 4 of 9 1 - 30 project located at 813 North Euclid Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 10, 2020, the Request for City Council Action dated March 17, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2020. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2020. Date: Clerk of the Council City of Santa Ana 75A-45 1-31 Resolution No. 2020-xx Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-21 Conditional Use Permit No. 2019-21 for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this 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. All proposed site improvements must conform to Development Project Review (DP) No. 2018-08 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened, and the proposed trash enclosure shall be screened by a four (4) foot high landscape hedge and incorporate vines. The plan shall also incorporate a row of Italian cypress trees, or similar species to be planted along the southern perimeter of the property to provide additional screening to the residential uses to the south (Modified by staff on February 10, 2020). 4. Prior to issuance of a building permit for the structures, the existing perimeter wall shall be increased to seven feet in height. (Added by staff on February 10, 2020). 5. All existing and new perimeter walls shall be painted or coated in anti -graffiti coating, and vines shall be planted along all such walls. 6. To deter loitering and illegal dumping, the landscape plan shall include dense landscaping and a minimum five (5) foot tall wrought iron fence at the southeast corner of the subject site between the southerly edge of the building and the southern property line. 7. The location of the trash enclosure and the air/water machine must be designed to minimize any potential impacts to the residential uses to the south of the subject Resolution No. 2020-xx 7 CAJC Page 6 of 9 site. Final location of the trash enclosure shall be subject to the approval of the Planning Manager. 8. The air/water machine must provide an automatic shut-off component to cease operation between the hours of 10:00 p.m. and 7:00 a.m. 9. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the 75A-47 Resolution Page 7 of 9 1 - 33 maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11, The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 13. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coined -operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. Resolution No. 2020-xx 75A-48 Page 8 of 9 1 - 34 19. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 20. Exterior lighting shall be shielded and/or directed away from residential areas. 21. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m. 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 24. The sale of alcoholic beverages shall be prohibited. 25. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 75A-49 Resolution No.2020-xx Page 9 of 9 1 - 35 This page left blank intentionally. 7�A3§0 EXWNT 4 1 - 37 This page left blank intentionally. 75A-52 1 - 38 12/17/2019 AA-2019-03 & CUP-2019-21, 7-Eleven Service Station 813 North Euclid Street .ai:r rags me > m = I 1�3 n Ana Boundary 40x MYPEr- P0, Ir ea no Gx Y lg (om tyC e'oel ,—MUZ C '<ul-Mureum biN[t Ge YCo tlal Plan spoppmb Center Arx-a! [amme.[iY C ammeNY AtlYenual sou[:n Mar Sptet <omme•eL J�s<nm !2Xt Mu(biY mer i eauV'npeiVul W"o inn S. EIan! ♦onOnrlaytam PrMeszionai 5'mble-:emS/ Resitlena TwcfamllY Mesbentt Mul[ple{a �eeiNertce $uOUTen.9potten es nna-Fa 5petifi1fertlopment Nai Spe[M[9erebpmeM NvNa. U 31 Spetifi[]evtlWmMt . Speci! 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Euclid St., Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information, with Q&A to follow. MEETING DATE: May 12, 2018 TIME: 10:00 a.m to 11:00 p.m. MEETING LOCATION: Salgado Center, MPR Room 706 N. Newhope Avenue Santa Ana, CA 92704 If you have questions regarding this event or require language interpretation services in languages other than English, please contact: Adan Madrid at (949) 235-9538 or adan@asidvm.com 75A-81 1 - 67 Community Meeting Saturday, May 12, 2018 Proposed Service Station with Fueling Canopy and Convenience Store 813 N. Euclid Street Name Address Phone 75A-82 1 - 68 EXHIBIT 12 75A-83 1 - 69 This page left blank intentionally. 75A-84 1 - 70 Attachment 12 The Euclid -Hazard 7-Eleven Service Station and Convenience Store Mitigated Negative Declaration and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 MI Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 Or https://www santa-ana ore/pb/planning division/major planning projects and documents/`euclid hazard-7-eleven-service-station 75A-85 1 -71 This page left blank intentionally. 75A-86 1 - 72 Exhibit 3 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 June 22,2020 Honorable Mayor and City Council City of Santa Ana 20 Civic Center Plaza Tel (714) 892-8810 Fax (800) 342-0507 Santa Ana, CA 92702 Subject: Conditional Use Permit no. 2019-21 / 813 N. Euclid Street @ Hazard Ave Proposed 24-hr. 7-Eleven convenience store and gas station Dear Honorable Mayor and Members of the City Council: Thank you for the opportunity to conduct additional community outreach and for your consideration of 7- Eleven's Conditional Use Permit (CUP) application for 24-hours. On Friday, April 17' I knocked on approximately 90 doors of residences located within a 300 ft. radius of the subject property and engaged in discussions regarding the proposed 7-Eleven convenience store, gas station and request for 24-hours. I handed the attached flyer (Exhibit A) to those that came to the door and were willing to engage in a discussion regarding our project in English or Spanish and left flyers with those that were not home or not willing to come to the door. At the request of Staff, I expanded the community outreach to a radius of 500 ft. to include an additional 118 residences and went door knocking again on Tuesday, June 16`h, Wednesday, June 17' and Thursday, June 18' between the hours of 6:00 p.m. and 8:00 p.m. While there are admittedly a select few within the community that do not want a 24-hour 7-Eleven convenience store and gas station on the corner of Euclid and Hazard, there are many more members of the community that want this project. Please see the attached petition containing 68 signatures in support of the project (Exhibit B). Below is also a summary of those residents that signed the petition: Six (6) of the signatures come from the residents that live within the condominiums located directly across Hazard Avenue to the north. Omar Dominguez, who spoke in favor of our project at the first Planning Commission hearing, also lives here. He emailed Staff a letter in support of our project on Friday, June 19' (Exhibit Q. But Nguyen, who owns and lives in the 2-story home located on the southwest corner of Euclid Street and Hazard Avenue and directly across the street from the project site to the west, signed the petition and also sent Staff an email in support of our project on Friday, June 19' (Exhibit D). Rene Garcia, who lives adjacent to and south of the subject property has been an advocate for this project since the beginning of this effort. He too signed the petition in support of the project. The resident who lives one parcel over to the south at 805 N. Euclid Street also signed the petition. 75A-87 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 • Nine (9) of the signatures come from the residents of the nearby apartment complex located south of the site at 721 N. Euclid Street. Fourteen (14) of the signatures come from the residents that live across the street to the west between the addresses of 706 - 816 N. Euclid Street. Many of these residents grew -up in this community and have fond memories of the convenience store that used to be located on the subject property. They also shared stories of the strawberry fields that once were located where the gated condominium project is now located in the City of Garden Grove. These residents of Santa Ana support our project and desire to have a convenience store within walking distance again and also like that it will be open 24-hours. Approximately twelve (12) additional signatures in support of the project are from residents that live on Seventh Street located south of the project site. Four (4) residents on Evonda Street also signed the petition and look forward to having a 24-hour convenience store within walking distance. Four (4) of the six (6) residents in the condominium project located on the south side of Hazard Avenue and at the outer edge of the 500 ft. radius are also in support of the project and look forward to having a 24-hour convenience store within walking distance. In addition, with the help of a translator, we were able to make contact with the Buddhist Temple located adjacent to the subject property to the east and we now have their support for this project as well. Please see the attached support letters in both English and Vietnamese (Exhibit E). These residents and property owners, who are nearest the subject property, want to see the property redeveloped and look forward to having a 24-hour 7-Eleven convenience store and gas station within walking distance. Please see the attached 500 ft. radius map with all of the properties corresponding to the 68 signatures, email correspondence and letters in support of the project highlighted in green (Exhibit F). I would also like to take this opportunity to address some of the issues and concerns raised at the last City Council hearing. Concern no. 1: Councilwoman Iglesias and Councilman Penaloza both expressed concerns in approving 24-hours because the property is adjacent to residential and how that might negatively affect the quality of life for the residents that live within the area. Response for Council's consideration: Planning Staff required the preparation of a comprehensive CEQA Initial Study be performed by a third -party environmental consulting company. The CEQA Study included a 74 page Noise Impact Analysis that concluded the project would have a "less than a significant impact" regarding noise with the implementation of two (2) minor mitigation measures, which 7-Eleven has agreed to and are included as conditions of approval. 2 75A-88 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 In addition, Section 18-312(a) of the City's Municipal Code limits noise created on the project site at any residential property line to 55 dBA between 7 a.m. and 10 p.m. and to 50 dBA between 10 p.m. and 7 a.m. These standards are in place to protect the public, health safety and welfare. Consideration should be given to the fact that the proposed project fully complies with these noise restrictions even with the proposed 24-hours of operation. The CEQA Study also evaluated the potential for adverse daytime and nighttime effects of the proposed lighting associated with the proposed project. The Study concluded that the potential impacts associated with new sources of light or glare would be "less than significant" and no mitigation measures were required. A photometric plan was prepared and included in the project plans illustrating proper levels of illumination to be provided within the project area with little to no light spillage on to adjacent properties. This is made possible by the technologically advanced LED light fixtures available on the commercial market. In addition, Chapter 9 of the City's Commercial Design Guidelines sets forth lighting standards for commercial projects including specific direction on minimizing glare onto adjoining properties. These standards are in place to protect the public health, safety, and welfare. Similar to the issue regarding noise, consideration should be given to the fact that the project fully complies with the City's light and glare standards. Concern no. 2 Councilman Solorio and Bacerra both expressed concerns regarding the potential for the store to attract homeless and loitering. Councilman Bacerra further expressed a concern that the proposed store may attract homeless at the levels experienced at the existing 7-Eleven store located at Main Street and Dyer Road. Response for Council's consideration: The existing 7-Eleven store located at Main Street and Dyer Road is on a parcel of land that is adjacent to another parcel of land with shared parking that is underutilized, partially undeveloped and under separate ownership. Please see the attached aerial photo with parcel lines included (Exhibit G). The undeveloped southwest corner of the adjoining parcel undoubtedly contributes to the homeless and loitering issues at that store because it is an area away from the street where the homeless can take shelter. For these reasons, the proposed project at Euclid and Hazard includes a wrought iron fence and gate to secure the easterly rear and southerly side of the property. The existing store at Main Street and Dyer Road is also within'/4 of a mile of the Community Service Program CFS and the Santa Ana Armory which are organizations that provide assistance to those in need. The attached aerial of the City (Exhibit H) has all of the existing homeless shelters and soup kitchens identified along with all of the existing 7-Eleven stores. It appears the City of Santa Ana may have a disproportionate number of shelters and soup kitchens as compared to other cities in Orange County. Several of the existing 7-Eleven stores are within walking distance of a homeless shelter and/or soup kitchen, which may be the reason these stores struggle to effectively address homeless panhandling and loitering despite efforts being made by 7-Eleven and the Franchisee. Although I do not profess to be an expert on the complex topic of the homeless. It would seem that the homeless are not likely to migrate a long distance on their own leaving familiar surroundings, known and 75A-89 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 reliable resources and assistance from shelters and soup kitchens or perhaps from nearby family members to panhandle. We would like to point out that the proposed store will comply with the following standard mitigation measures. We are also offering the additional mitigation measures listed below and are open to any further suggestions from Staff and the City Council that will enable us to address any concerns with the potential for loitering at the store. Standard Mitigation Measures: 1. Addressing crime through architectural design. The proposed site plan layout, storefront orientation, and transparent glass, along with proper lighting, security cameras and a well defined property line all work together to help minimize and address loitering and other illicit activities on site. 2. Placement of "NO LOITERING" signs. Although they may often times go unnoticed or are ignored they place panhandlers and loiterers on notice and are often referenced by store employees when addressing someone who is panhandling or loitering on the premises. 3. Maintaining the property and keeping it free of graffiti and trash and the landscaping healthy and manicured. 4. Filing Form-602 with the Santa Ana Police Department to enforce trespassing. Additional Mitigation Measures: 1. Selecting a Franchisee who has demonstrated their willingness and ability to run a successful store in similar areas with similar issues and are able to connect with the community they serve. 2. Developing and maintaining a working relationship with the Santa Ana and Garden Grove Police Departments and their respective task force teams assigned to addressing homeless issues. 3. Having employees walk the property on an hourly basis to identify and address any loitering issues. 4. Offering free coffee to police officers afterhours as away to encourage the presence of law enforcement on the property. 5. Placing signage at the store entrance stating, "FOR THE SAFETY OF OUR CUSTOMERS, EMPLOYEES AND THE COMMUNITY. PLEASE DO NOT GIVE MONEY TO PANHANDLERS". I think we all have at some point or another reached out to a homeless person in need to give them a helping hand by either reaching into our pockets to give them money or buying an extra meal or something to drink to give them on our way out of a store or fast food restaurant. Compassion and value for human life compels us to help and not ignore those in need. Recognizing that sometimes these acts of compassion may also have a negative unintended consequence on others, we have found that this type of signage goes a long way in eliminating panhandlers because it serves as a reminder to customers and it gives them an out. 4 75A-90 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 6. Playing classical music outside has been used at other store locations with varying degrees of success in discouraging loitering. 7-Eleven is willing to try this approach at Euclid and Hazard should loitering become an issue. 7. Use of a high -pitch noise device called the "Mosquito", which emits a high -pitch noise similar to that of a mosquito that can only heard by younger adults in their 20's, but not by older adults. Apparently, we lose the ability to hear certain noise pitches as we get older. Like the classical music, the "Mosquito" is experimental and has been used at other locations with varying degrees of success to discourage loitering. 7-Eleven is also willing to try this approach at Euclid and Hazard should loitering become an issue. We believe that this project will be a value -add to the community, as do many of the residents in the area as made evident by the 68 signatures on the enclosed petition, the support letter from the adjacent Buddhist Temple, as well as the support letters from the residents nearest the project. The CEQA Initial Study also unequivocally concludes that the proposed store and gas station open 24-hours daily will have a less than significant impact on the surrounding community with regards to noise, light and glare and traffic. The project that is before you is also supported by a recommendation for approval from Planning Staff after 2 years of plan revisions, technical studies, and much collaboration. The project also comes with a unanimous recommendation for approval by the Planning Commission. It is our hope that the City Council also sees it fit to approve the Conditional Use Permit to allow 24-hours of operation in light of the above additional community outreach and additional information provided. 7-Eleven is known to its customers for being open 24-hours when most other business are closed. The ability to be open 24-hours is also vital to the success of this store location especially since the store will not engage in the sale of beer and wine for off -site consumption. Thank you in advance for your consideration. Respectfulllyy,,,� e,zlJ c/!/Ga6GW- Adan Madrid Project Manager Cc: Josh Golcheh, Property Owner Lorena Muniz, 7-Eleven David Potter, 7-Eleven 75A-91 40 Development Architecture -Engineering -Construction 5932TWm Avenue, Snits, 107 - Huntington Rs,arh, CA 92049 Tel (714) 892-8810 Fax (800) �442-0507 ASI Development Cordially invites you to provide input via telephone or Zoom Video Conference for: Proposed service station with fuel canopy and convenience store at 813 N. Euclid Street and Hazard Avenue, Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information and give you an opportunity to ask questions. Invitation to call or email Contact Information: Adan Madrid (949) 235-9583 adan@asidvm.com 75A-92 40 Development Architecture-Sn¢ineerinr-Construction 5932 Rnlsa Avenue, Snit- 107 - Hunhngtnn R-arh, CA 92649 Tel (714) 892-8810 Fax (800) U2-0507 Desarrollo ASI Cordialmente to invita a brindar information por telefono o Zoom Video Conference para: Estacibn de servicio propuesta con toldo de combustible y tienda de conveniencia en 813 N. Euclid Street and Hazard Avenue, Santa Ana, CA 92703 Ven y comparte tus pensamientos e ideas sobre este nuevo desarrollo. Le proporcionaremos informacibn general y le daremos la oportunidad de hater preguntas. Invitation Para Ilamar o enviar un correo electronico Information del contacto: Adan Madrid (949) 235-9583 adan@asidvm.com 75A-93 q a L m y,� V Y VI Y (D D O L V C O O Y' } N. N cu to '^ m di -O a c C 'u D ° v u cAD > c a) c w :0 n } u v v 7: O Q r V� N N a m a)a. 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V J YJ z z z z z z z z z z z z z z z z O Z J N N N N N N N N N N N N N N N N 2 V' C O C N E' N C !0 G N C N C N e 10 C N G' N C 0 C N C N G N C. N C W Zp . ' U_ VVUU Uu VJ U3 UJ UO UJ U6 Uu u a p a a a oUVV p a a s6VU aVV pN6UV M M M M M M M ,M M M M M M M fY1 M a N N N N N N N N N N N ry N N N N i� � rl '1 ti 'i rl rl TI �+1 sl ai rl a -I rl � ri N N N N N N N N N N N N N N N N o a o 0 0 o a o a a o 0 0 o D a �eY- a r1: " V rl {-i {i �4 ci ci ei e-1 f-1 c4 cti r! ei rl v-1 c1 75A-97 L y m � a a m y l� u s O � `C N 0 y' -7 uF a m '^ w: a m p a �u L 0 y N N a a m c >, a c 'c a s w o � m rl V a W = 3 G O L u V a N � -o m a o CL L o m n m a 0 .0 D O a o 3 Q E Q c m to `m _ m $ N � > = a 7 a c �a kn °= c E m' CO y n c W 3 a -6 -0 w O v 4 m M m O -a m D m C E N i m 0 ,Q m C Y Z a 3 a J ILA w {j) lu W a 2 l7 N \J S l� W z LL 1 5Pr- Ic L yr� {� w J N a Vf M a. VI R u, VI N a. U1 m V1 _ _ _ � VI a tll "W Z. w z -w z ,W z ,w z 3 3 3 3 3 3 3 3 3 z W z D Z J ^� .-i N M1 w N M1 ,-� N M1 yr N M1 M O M1 m ti y1 `W ,�-i ;M1 N yn t1+ O +1f O Y1 .•v O A(i m O ✓t m O Uf NO +fl .-� NO Ji m O 01 M O N z Z a V W F a N n N n N n c N a c N a c N a �. Q' L o.. r - a c7 c. N n c. N a c m a J❑ c'. T a c. N a O m... v a V u U u V u V. u V. u. U. u. U. u" Ip t S m V u. U u" U a u u. U 0 V y m vw cn m � mn m N rn m w =m =N m N m nm m m ,m mm �n m M m mn m xra m m m .m m m m so aro a n a o o a 0 .o 0 0 0 0 o 0 0 0 0 0 o 0 o o o 0 O 0 o o w ml w M 75A-98 M m S N y V Y 3Gi m N m y L m D u s o u L tV O O Y �tJ L fRF m ve W: a L C ai 'u L O Y Y N � N u tII L >. L > ej C uJ u r: > U LLl �C 9 j L O O" s u v °} N � 'G m N � � C o a Y 0 m CL m a m O D O m a E 7 O E Q L to 0 A a m Q z a, a. E m m En 3 3 � c O � L a :3 Q � w zo 0 O w m t m E m C i O m Y aCA J S gipp,, Z O 1h W mn W C z O I N Q Z / S LL J' U1 VI V1 in N to N. N tl1 U1 VI to VI N. V1 .•W Z W Z '-W Z "1!J Z 'tll Z 4L Z ill Z 'W z 9J.1 Z 'WY Z �31.1 Z 51A Z i4i Z iiJ Z Otif 2 .Z O O m D an O mn O to O ;m O W7 D .n O ,� 0 -cn A O O O O 2 a 4 w m n � L tV O W � u j m m F t m m c am❑ � cr t- m t m u m u v: 3 u 3 a a a 2 o a o m a r o a 2 •-� .ry m a „n ua w -n m o� o .-x .N m m .,1E •m-I +'I +I a -I s-I n--I s-I s-I +'I si a'i ¢- +ei ,rl l." 75A-99 C } N a W „\ � J fv 1 V , t- Q QQQ D S } Q D d d 3 N d .. Y m Z R- I S O a R Ot Z a P ¢ m L n 3 2 6 t c m R 2 V¢ m T L t0 'O 'fla N. -Pt '{J e'I N M1 N 'iV •: h N 1�. m. N O Oi W N O N D N O N D Y+Y O N O N O D O1 W m N T rn N O o N. Of m PN m N. O O phl.. O 75A-100 W S \ a 2 t9 m J LL 1_ F W W- s h 0 w a N Vf N N N 1n N V1 V1 IA y II y. J O O N n rv. O O. D D •-f. N VQ m w � � m W y u u 4 r- D. Oa m n m ID 'n w 4➢' w D: O eg, m N� ID' N N N N N N N N N N N m M T m W mm O O O D O O O O O O O O � O Owi 75A-101 c d cu t y� U f0 � a � O O � V C (V 0 =O •� u •s N � N N m m -cs m `o ai 'u Mu vi i R C >. N �c m c u C 10 � U > C w •� > 3 C O v L U N fA;, tU N C O 2 S L G06 m v @ p T O 0. O _@ d z O N Q > Q bD 70 T v -ex N � N 0 G7 C > c- `Q E m N L j 7 O 3 a Ica u N 0 N d W '� E , pi .m E bD E i 00 O O] Q N 2 w S c N 3CA t 'V o 3' Q z S9 N 2 P 9 i I z 7 J W W C� M c J � C J J J J 3 J J Y J 15 m u D O ryry U m F u G a c W 'O Ci. c s fII O m m d- JW- ,Z Op OJ Op. N 00 OJ 90 9' [O Cp. n CO. O. O a m m rn m m m a m m m m a m rn m m o 75A-102 w v ro � 'O N m m L m O u t � v c ry O 0 a V N N N m •O O! U 4 p N N y C T Gn VG C � Sin O !� C m J a L C 7 o 0� t a� v c N C o a CL OO6 . m S L m V O' fl D n 0 mCL Q E d O > a > °a' m'D a C m 0 U m O _ CL c ,d E ° Ln m m N 7 O r oa Q u C s eu u v m m m i0 C L N _ l m Y n0 = i O N O L no w Q N S v 2 c J C Z iS z CL Q en W u0i -tl11 W C a Z.. D As/1 _Y Q z J � ♦ � \ J ` C. Y z U. z Y zl zi z z .z z z z a z z z z o Q .-1 ri O {-1 O rl ei rl ei eY O n � N N Z 6 U n c u F` n 6 n 6 n d n O o. d a d" m O mZLAWQ O a O O ~ m Z m m m m o 0 0 a o 0 0 o m a m o Y -v c cn m -w N .m N ui un an aei ar m. x?e ,nA 75A-103 C 6f VA m N � s m Y 'p w u t r4 C N O O m � N m ha 0 m O (U U L w c > > N C W Q C m U a� w � o, L O O O u s N � � m o ar n «. a m Q m a' L t m Y O' O � 0 a OCL CL L w O 'E Q �a w � N m O = N a v e. c 10, E m''' vs m Y = a O m CO � w u a tr = c 0 i 7 ® Y Q t 2 aj S Ln �y Ln j C rr Z W p a m {A W C 7 a z n ¢ 2 J � C / .i W W m3i 9 ❑ pp W S. 2 D O O z m 0 m ro ❑ s m�= c 'M❑ .❑ m u Q J J (J IY QO.. U J (J a O c❑❑ C O F J J O V m w iN o M m AV o' N m RV' o +V o i+l m m w dil rn •IV m iV rn N' m =N o N of N m N m o rn o rn o o ❑+ m g' o 0 0 � o 0 0 75A-104 z S, N V u S � w � v w, w O c 1O it sn. c 3 un n n n n n n n a: ✓1 N O. Ol m m O� T (f1. N N. 111: V1 Yl V1 Y1 a F cr O C ]C CY Q W > a g m i E o _E Y j 'IW a-Y PO 'O Of W ei i11 '11R. O Ri. T n N ]il N m 1n's m tM1 N 01 V O O O N O N O T �f N O N '�O N O' N O N N N 75A-105 l a a J_ u~i 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 0 � N N .rn-I ern-1 N N N N O eNi- N � ti O O O �(. V1 N Ylf. tll. 19 YI N. ul. vl'! lf� 1l1 Yll �11 VI IA Ill Z 8 � T z• J tI 3 � J. � 3 7 3 � � M- I- 3 � � U U U V (C V V U U 4 V ,y Ll. d'. „Ra. -+0 m. in m . .m N © •JV ® `O ;O-. a 'O N N N N N N N N N CO N 00 UO W W a0 ti H H. H eY e1 H "I r1 N H 01 01 rn rn rn. W. 3 75A-106 - � � . • ° � r \ } 75A.107 Omar Dominguez 903 N. Euclid St. #C Santa Ana, CA 92703 June 19, 2020 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To whom it may concern: I am a homeowner and resident of the City of Santa Ana at the above address. I am writing to you today to give my input regarding the proposed 7-11 project at the southeast corner of Hazard and Euclid in the City of Santa Ana. I have supported this project since it was presented to the planning commission. I attended those meetings and spoke in favor of the project. I also saw the project evolve as the developer took input from both residents, like myself, and the planning commission. I grew up in the neighborhood and I was able to experience the previous convenience store that was at the proposed project site. Since its closure the area no longer has an accessible convenience store for us to easily reach, let alone a 24 hour location. Locations like 7-11 take on a vital role for our neighborhoods due to their ability to provide essentials like food, drinks, toiletries, women hygiene products and much more. These items, that cannot be bought at other places late at night or on holidays, would become accessible to residents in the area. When the previous location was operating, I would make my stops there on my way home from school. Even with traffic coming in and out of the location there was never any safety concerns. Thanks to the traffic patterns I was able to safely cross the street and reach the convenience store after school. It also served as safe location to be picked up from by my parents. I am now fortunate enough to live directly in front of this location. Since the departure of the family owned convenience store the property has been invaded by transients. By approving this 7-11 project, you will bring positive activity and lighting to the area. The planning commission even worked with the developer to plan the landscape to help deter graffiti and transients loitering. From my understanding it seems residents from Garden Grove have come against this project. Although it is neighborly to take the input of those nearby, they are still not residents of the 75A-108 oE21 \2 City of Santa Ana. The job of those working for the City of Santa Ana is to represent the people of the city not those of neighboring cities. Please vote in favor of this project and take the vote of the planning commission into consideration. That is the purpose of the commission and they too heard from the residents. Sincerely, Omar Dominguez 75A-109 6/22/2020 ASI Development Mail - regarding the proposed 7-Eleven *10pmck• Adan Madrid <adan@asidvm.com> O regarding the proposed 7-Eleven 1 message Paul Nguyen <pauinguyenl204@gmail.com> Fri, Jun 19, 2020 at 9:16 PM To:iorozco@santa-ana.org Cc: VFregoso@santa-ana.org, Adan Madrid <adan@asidvm.com> Hello Mr. Orozco, My name is But Nguyen and I am the owner of the property 820 N Euclid St, Santa Ana, CA 92703 I live directly across the street from the proposed 24-hour 7-Eleven store and gas station. I have reviewed the project plans and look forward to the project being constructed. Our community would benefit from having that existing corner property finally developed and would benefit from the convenience of having a 24-hour 7-Eleven store and gas station within walking distance. I met with Adan Madrid the other day and he told me 7-Eleven will not be selling beer and wine at this store location, which is yet another reason why the City Council should approve this project and another reason why the proposed 24- hour convenience store would be welcomed in our community. Please approve the project Thankyou But Nguyen 75A-110 https://mail.google.com/mail/u/O?ik-53de9ab6l5&view—pt&search —a II&pe rmthid=thread-f % 3A1669990009512837904&sim pl=msg-f%3A1669990... 1 /1 May 2 nd , 2020 Mayor and City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 RE: Proposed 7-Eleven 24-hour convenience store and gas station 813 N. Euclid Street Dear honorable Mayor and members of the City Council: My name is NHU THUAN. I am the host of the temple located at 5110 W. Hazard Ave, Santa Ana. We own the property located adjacent to the proposed 7-Eleven 24-hour convenience store and gas station. The property has been vacant for a long time. We reviewed the proposed project plans and spoke with the applicant's representative and are in full support of the proposed project and request for 24-hours. The proposed convenience store and gas station will be a nice development and provide us and the community with access to food and convenience products within walking distance 24-hours daily. We also appreciate that 7-Eleven will not be selling beer and wine at this store and believe they will be a good and responsible corporate neighbor. We ask that the City Council please approve this project. Thankyou NHU THUAN Pho Da Buddhist Temple 510 W. Hazard Ave Santa Ana, CA 92703 75A-111 Ngay 2 Thang 5 Nam 2020 Kinh g&i: Thi Tnr&ng va Ban Laanh Dao Thanh Pho' Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Chu De: D`e nghi m& tiem 7-Eleven tien ich va cay xang 24gi6 ta:i dia chi 813 Dy6ng North Euclid Kinh g&i Thi TnP&ng va Ban L"anh Dao Thanh Ph6 T6i la Thay NHU THUAN hien dang tru tri tai 5110 W.Hazard Ave, Santa Ana va dang s& hiru 16 d9t tie"p giap v&i I& dat ma Quy vi de nghi m& tiem tap hoa va cay xang 24giq ten la : 7 Eleven ma da"t da bi b6 trong trong mot thbbi gian M. Chung t6i da xem xet ban du' an de nghi va cOng M n6i chuyen v&i ngurbi dai dien. Chung t6i hoan town fang ho viec m&tiem tap hoa va cay xan$ su6t 24 gib. Vi2c de nghi m& tiom tap hoa va cay xang se la mot der an phat trier] tot dep. No rat tien loci cho tong d"ong trong viec mua nhirng m6n that an va do At tion dung trong khmang cach 24 gib di bo moi ngay. Chung t6i ra"t lay cam kich khi 7 Eleven kh6ng ban nrau bia tai no'i day. Va chung t6i tin rang 7 Eleven se la ng r&i hang x6m t6t va co trach nhi�m. Chung t6i chan thanh rat mong Ban L5nh Dao Thanh Pho' chap thuan ciV an v&i de nghi tren. Tran trong kinh chao, Thay tru tri NHU THUAN 7 r� c'H`ua HoDA I .��utaa-✓ 5110 W. Hazard Ave Santa Ana, CA 92703 75A-112 -�--� CITY ,OF����T� &MIEW CENTER f, OAKF/ELO AYENUE S. PAR MAY 8 ®®R'® aU O N 7 � UE s (D c O 7ALi'kINDUUSTPARK ( LOTUS*, � ORIVE .1ST 6 —w.. 39 " z. 2 40 N g20 AYETE) CE 24 41 22 23 42 43 21 zo h 5 3'wfa 4 AVET.CE ' ,a ( 15 J 1fi D 38 S APT. bi � UNITS .,. 26 /08. - /2L y 9ol__oB 8 $$ 4 4PAsp /9. Bl j4 i 14 CONDOS 432 2y ..4 , NAZANO � a IPIE% T28 - d1071K e 4 T OU UPLEX ©. 1, 4 i,d Y DUPLEX 42 5 w 44. 16 y' 21 22 11 24 6_ c Y 7m S SEYENTN y 45 27 R008EVELT STREET R 56 46 4T 53 52 3T OJ y TRACT v Bo ,a OAKgELO a B5 6 a R NaccrL/NE �SI;R _ a © E7)zi 30 a 41 62. ME --J 4VENO'E_ g AMENUE O UHSK UP cHIO64 V NO 841 t 61 IISz NO. 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' r • �,_ .l " :..5 'kk F 7' r" a '• _ ice-. _ F :� i. wl _ _ In a _ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: PUBLIC HEARING - ADOPT A RESOLUTION AFFIRMING THE FISCAL YEAR 19-20 RECOVERY OF $6,761.32 IN UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS (GENERAL FUND REVENUE) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2019-2020 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the Office of Auditor -Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance and provide harborage for illegal activity. The abatements are accomplished by board -ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant property owners. This year the outstanding charge for work performed on two separate addresses is $5,761.32. Parcel numbers and total assessment amounts provided (Exhibit 1). The property owner names are also provided (Exhibit 2). The most effective method of collection is to submit these charges to the office of the County Auditor/Controller so that a lien may be placed on the property tax rolls. Charges must be submitted to the County of Orange. Therefore, staff is recommending that the City Council adopt a resolution affirming the Fiscal Year 2019-2020 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the Office of Auditor -Controller, County of Orange (Exhibit 3). FISCAL IMPACT The recovered charge will result in an estimated $5,761.32 deposited in the Special Repair and Demolition Fund (Account No. 12116002-53507). 75B-1 Dangerous and Abandoned Building Assessment July 21, 2020 Page 2 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Minh Thai, Executive Director - Planning and Building Agency Exhibits: 1. Parcel Assessment Amount 2. Property Owner Listing 3. DABS Resolution 75B-2 LS 7.21.20 l�"1, 0 61 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date: August 20, 2020 PARCEL NUMBER ASSESSMENT AMOUNT 6-15 16-23 015-216-03 $ 4,202.35 007-141-51 $ 1,558.97 TOTAL $ 5,761.32 EXHIBIT 1 75B-3 LS 7.21.20 PROPERTY OWNER LISTING FISCAL YEAR 2019-2020 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Saroj Sarin, as Trustee of Saroj Sarin June 14,2017 2639 W. First AP# 007-141-51 6059 E. Tiber Dr.. $ 1,558.97 Anaheim, CA 92807 Wayne M. Tomlinson and Cynthia L. Tomlinson Trustees of the Tomlinson 1234 W St. Anne AP# 015-216-03 2006 Trust $ 4,202.35 PO Box 319 Surfside CA 90743 EXHIBIT 2 75B-4 EXHIBIT 3 LS 7.21.20 RESOLUTION NO 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's Dangerous and Abandoned Buildings (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board -ups and/or demolition. B. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing property and/or demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. C. The Executive Director of the Planning and Building Agency has given notice of the public hearing as required by law, in which the 215t day of July, 2020, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. D. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. 75B-5 LS 7.21.20 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2020. Section 5. The County Auditor is requested to enter the assessments on the county tax rolls. Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 7. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2019-2020 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of July, 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,�k.-c. (- C -��IC Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75B-6 LS 7.21.20 C6l:11:ir1aIOU A1:01y_Amr:Nr_ArEel ►r_VuZ.l V Eell►r9IIwo I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on July 21, 2020. Date: Clerk of the Council, City of Santa Ana 75B-7 LS 7.21.20 l�"1, 0 61 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date: August 20, 2020 PARCEL NUMBER ASSESSMENT AMOUNT 6-15 16-23 015-216-03 $ 4,202.35 007-141-51 $ 1,558.97 TOTAL $ 5,761.32 EXHIBIT 1 75B-8 LS 7.21.20 PROPERTY OWNER LISTING FISCAL YEAR 2019-2020 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Saroj Sarin, as Trustee of Saroj Sarin June 14,2017 2639 W. First AP# 007-141-51 6059 E. Tiber Dr.. $ 1,558.97 Anaheim, CA 92807 Wayne M. Tomlinson and Cynthia L. Tomlinson Trustees of the Tomlinson 1234 W St. Anne AP# 015-216-03 2006 Trust $ 4,202.35 PO Box 319 Surfside CA 90743 EXHIBIT 2 75B-9