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FULL PACKET_2020-09-01
DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 21, 2020 CITY COUNCIL REGULAR OPEN MEETING - JULY 21, 2020, 5:45 p.m. (Closed Session Meeting has been canceled.) CALL TO ORDER - MAYOR PULIDO Mayor Pulido called the Regular Session to order at 5:46 pm. COUNCILMEMBERS BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO, AND VILLEGAS PLEDGE OF ALLEGIANCE - MAYOR 10 COUNCILMEMBERS Absent: None INVOCATION - JANE KELLER, POLICE `CHAPLAIN CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. City Attorney Sonia Carvalho stated there was no reportable action, since the closed session meeting was canceled. 1s]A V AIIs] ►v_l0%10*9A►rr_4IIs] ►6y SPECIAL PRESENTATION of the Orange County Registrar of Voters regarding the November 2020 Election by Justin Berardino, Operations Manager Orange County Registrar of Voters representative Justin Berardino, provided a brief presentation. Council discussion ensued and direction provided to Orange County Registrar of Voters representative and city staff. Councilmember Bacerra inquired about ballot drop box locations. DRAFT CITY COUNCIL MINUTES 1 U4-1 JULY 21, 2020 Councilmember Sarmiento provided direction regarding ballot box centers, options to vote, and educating the public in the proper way of filling out a ballot to ensure their vote is counted. Councilmember Penaloza expressed concern regarding historical voting habits. Mayor Pulido spoke regarding historical turnouts. PUBLIC COMMENTS Julian Gutierrez spoke regarding the City budget, expressed opposition of an increase to the public safety budget and spoke on various other topics. Nathaniel Greensides spoke regarding COVID-19 related evictions, a larger rental assistance fund and various other topics. Jose Trinidad Castaneda requests that council place Community Choice Energy a company that procures cheaper and cleaner energy for residents on the August 18th agenda. Jannelle Welker spoke regarding in support of Item 65A, Item 85A, Item 85B. In regards to Item 85B, asked council to consider using proposed Federal Act funding to provide a business license waiver. Josie regarding a permanent ban on COVID-19 related evictions, a private right to action ordinance, and various other topics. Chloe Rios with Alianza Translatinx spoke regarding placing transgender issues on a future meeting agenda and various other topics. Hector spoke in opposition of the public safety funding increase approved at the last council meeting and various other topics. David Carbajal spoke regarding rent control and various other topics. CONSENT CALENDAR ADMINISTRATIVE MATTERS Idi16YyA4A_1►1xi11"M ]JiI1►1631:7_AIEel 0 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) - Closed Session canceled. City Attorney Sonia Carvalho stated there was no reportable action, the closed session meeting was cancelled. DRAFT CITY COUNCIL MINUTES 1 O z _w JULY 21, 2020 :II IJ 91el :1 F_1:r7 d11_A a 1 :11 :R APPROPRIATION ADJUSTMENTS 20A. 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 $368,135 (NON -GENERAL FUND) - Police Department 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-212 - 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 and appropriate same to the CARES Act-CESF PD expenditure account. 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 (Agreement No. A-2020- XXX). This consent Item - Agreement No. 2020-152 was approved. AGREEMENTS 25A. AMEND AGREEMENTS WITH GK & ASSOCIATES, INTERWEST CONSULTING GROUP, INC., PENCO, PROJECT PARTNERS, INC., AND TRANSTECH ENGINEERS, INC. TO INCREASE THE SHARED CONTRACT AMOUNT BY $2,500,000 FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR A NEW TOTAL AMOUNT NOT TO EXCEED $5,000,000 (GENERAL FUND & NON -GENERAL FUND) - Public Works Agency MOTION: Authorize the City Manager to agreements with the firms listed below to $2,500,000, for a total shared aggregate execute amendments to the increase the shared contract amount by amount not to exceed $5,000,000, for DRAFT CITY COUNCIL MINUTES 1 Off,-3 JULY 21, 2020 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 (Agreement No. A-2020-XXX) 2. Interwest Consulting Group, Inc. (Agreement No. A-2020-XXX) 3. Penco, a Cannon Company (Agreement No. A-2020-XXX) 4. Project Partners, Inc. (Agreement No. A-2020-XXX) 5. Transtech Engineers, Inc. (Agreement No. A-2020-XXX) This consent Item - Agreement No. 2020-153 was approved. 1. Agreement No. A-2020-153-01 - GK & Associates 2. Agreement No. A-2020-153-02 - Interwest Consulting Group, Inc. 3. Agreement No. A-2020-153-03 - Penco, a Cannon Company 4. Agreement No. A-2020-153-04 - Project Partners, Inc. 5. Agreement No. A-2020-153-05 - Transtech Engineers, Inc. 25B. 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 $385,000 (NON -GENERAL FUND) — Public Works Agency MOTION: 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 (Agreement No. A-2020-XXX). Motion to Adopt to 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 (Agreement No. A-2020-154). Councilmember Sarmiento motioned to adopt, seconded by Mayor Pro Tern Villegas. DRAFT CITY COUNCIL MINUTES 1 O Q _4 JULY 21, 2020 MOTION V[911r=F Councilmember SECOND: Mayor Pro Tern Villegas Sarmiento NOES: ABSTAIN ABSENT: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (( None (( 25C. AWARD A CONTRACT TO GRAFFITI PROTECTIVE COATINGS, INC., CeI:L���rr�:7�d1[U�%1�9�:��/N7�97i7:LirCl:7��'1�9:ir�:7dl�l►rrClq FOR 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) — Public Works Agency MOTION: 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 (Agreement No. A- 2020-XXX). Motion to Adopt to 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 (Agreement No. A-2020-155). Councilmember Penaloza motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember DRAFT CITY COUNCIL MINUTES 1 O $, _5 JULY 21, 2020 NOES: ABSTAIN ABSENT: RESOLUTIONS - CONSENT Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (0) None (0) 55A. 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 $1,500,000 (NON -GENERAL FUND) — Public Works Agency MOTION: Adopt a resolution. 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 This consent Item- Resolution No. 2020-058 was approved. 55B. 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 - Police Department 1. Approve the 2020 Orange County Operational Area Agreement between the County of Orange and political subdivisions within Orange County (Agreement No. A-2020-XXX). 2. Adopt a resolution. 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. This consent Item - Agreement No. 2020-156 was approved. This consent Item - Resolution No. 2020-059 was approved. END OF CONSENT CALENDAR DRAFT CITY COUNCIL MINUTES 1 O fj, _6 JULY 21, 2020 Motion to Approve the Consent Calendar items Items 19A through 55B with the exception of items 25B and 25C. Mayor Pro Tern Villegas motioned to approve the consent calendar items, seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) ABSTAIN: None (0)' ABSENT: None (0) t. BUSINESS CALENDAR ADMINISTRATIVE MATTERS - BUSINES 60A. DESIGNATE A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES 2020 GENERAL ASSEMBLY — Clerk of the Council Office MOTION: 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. Motion to Approve Substitute motion: Designate a voting delegate, Councilmember Mendoza, and designate Councilmember Bacerra as the first alternate and Councilmember Penaloza as second alternate for the League of California Cities' Annual Conference's General Assembly scheduled for October 9, 2020. Councilmember Penaloza motioned to approve, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember DRAFT CITY COUNCIL MINUTES 1 U z _7 JULY 21, 2020 Sarmiento, Councilmember Mendoza (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS Councilmember Solorio, Bacerra, Councilmember 65A. CONSIDER OPTIONS TO RECOGNIZE SANTAANA RESIDENTS WHO HAVE SERVED IN THE U.S. MILITARY AND PROVIDE DIRECTION TO STAFF — City Manager's Office MOTION: Accept informational report regarding options to recognize Santa Ana residents who have served in the U.S. military and provide direction to staff. Council discussion ensued and direction provided to staff. Mayor Pro Tern Villegas provided direction to city staff to procure a plaque, fountain or statue to be located in the Civic Center along with an electronic registry. Councilmember Mendoza requests banners on Main Street recognizing Santa Ana Residents who have lost their lives or are currently deployed. City Manager Kristine Ridge shared request by majority of council to bring back different concepts and ideas to recognize veterans that reside in our community. Councilmember Solorio in support of many of the ideas, requests that staff include input from the various veterans oriented non-profit organizations , and encourages use of social media. Councilmember Bacerra provided direction to staff regarding monuments, banners, recognition during the Fourth of July celebration, and supports reaching out to the non-profit organizations. Mayor Pro Tern Villegas provided additional direction with majority of council support to implement an electronic registry and have a memorial to honor our fallen heroes. DRAFT CITY COUNCIL MINUTES 1 O $ _8 JULY 21, 2020 Iall,.]I[Gomm IA_ Z11►Eely 75A. 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 — Planning and Building Agency Legal Notice published in the Orange County Reporter on July 10 2020, and notices mailed on July 9, 2020. MOTION: Adopt a resolution. Resolution No. 2020-XXX - 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 Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Pulido opened the public hearing at 7:20 p.m. Clerk of the Council, Daisy Gomez, reported out on correspondence received on Item 75A. Dale Helvig spoke regarding participating in voting and Census 2020 to help the city. Josh Golcheh, applicant, spoke regarding specifics of the proposed project. Adan Madrid, applicant representative, informed council that he is available for questions. Mayor Pulido closed the Public Hearing at 7:24 p.m. Council discussion ensued. Councilmember Bacerra inquired about light poles and requested staff to work with applicant regarding the relocation of the trash enclosure currently situated on the southern property line. Requested to be conditioned on the project robust vines adorning the walls to deter graffiti. Motion to Adopt RESOLUTION NO. 2020-060 ENTITLED: - 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 DRAFT CITY COUNCIL MINUTES 1 Olk_9 JULY 21, 2020 Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING - ADOPT A RESOLUTION AFFIRMING THE FISCAL YEAR 19-20 RECOVERY OF $5,761.32 IN UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS (GENERAL FUND REVENUE) — Planning and Building Agency Legal Notice published in the Orange County Reporter on July 10 2020, and notices mailed on July 9, 2020. MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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 Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Pulido opened the public hearing and seeing no public speakers closed the public hearing at 7:33 p.m. Motion to Adopt Adopt RESOLUTION NO. 2020-061 ENTITLED: - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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. DRAFT CITY COUNCIL MINUTES 1 U4-1 O JULY 21, 2020 Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Mendoza. MOTION: Mayor Tern Villegas VOTE: AYES: NOES 'ai.M9xd0].Iswere1tRa I1 iilTMIVA aTrem. ABSTAIN: ABSENT: Mayor Pulido, Councilmember Sarmiento, Councilmember Mendoza (7) , None (0) None (0) None (0) Mayor Pro Tern Villegas, Penaloza, Councilmember Councilmember Solorio, Bacerra, Councilmember COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING THE CLERK OF THE COUNCIL TO ALLOW FOR PUBLIC COMMENTS ON AGENDA ITEMS VIA TELEPHONE AS WELL AS IN PERSON IN AN EFFORT TO ENCOURAGE CIVIC ENGAGEMENT WHILE THE LOCAL STATE OF EMERGENCY DUE TO COVID-19 IS IN PLACE - Councilmembers Penaloza and Sarmiento Council discussion ensued and direction provided to staff. Councilmember Penaloza spoke in favor of giving the public options to participate in council meetings. Councilmember Sarmiento expressed support for the City Manager, Clerk of the Council and Information Technology Director to access additional technical support via COVID-19 funds to ensure the public's right to be heard. Mayor Pulido expressed concern with in -person meetings due to the current pandemic state declared by Governor. Councilmember Bacerra in support of being a leader in transparency by allowing residents an opportunity to express their comments on all items at the beginning of the meeting with the exception of public hearing items. DRAFT CITY COUNCIL MINUTES 1 O4_ 1 1 JULY 21, 2020 Clerk of the Council will continue with virtual comments until it appears that it is safe. All comments at the beginning of the meeting will continue with the exception of public hearing items. 85B. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO INCLUDE IN THE CARES ACT SPENDING PLAN A PROGRAM TO ASSIST WORKING FAMILIES WITH CHILDCARE NEEDS AS A RESULT OF THE GOVERNOR'S CLOSURE OF IN -CLASS INSTRUCTION FOR THE SCHOOLS IN OUR REGION - Mayor Pro Tern Villegas Council discussion ensued and direction provided to staff. Mayor Pro Tern Villegas expressed support of a pilot program. Mayor Pulido spoke. City Manager Kristine Ridge will look to the state as they have provided subsided childcare early on to first responders and see if it can be duplicate it to provide services for residents impacted by COVID-19 in our community. Councilmember Penaloza requested clarification regarding current resources available. City Manager Kristine Ridge to find out what current state money and resources are available and report to the council. .' Councilmember Solorio directed staff to collaborate with organizations that will be able to provide services and also expressed the urgency of rolling assistance out. Councilmember Sarmiento in support of proposal provided by staff at the last meeting. Expressed the importance to identify the priorities and continue discussion to dedicate funds as quickly as possible. Expressed concern with the moratorium that is expiring at the end of the month and in support of rental assistance and personal protective equipment (PPE). Conveyed the importance of having weekly updates and deployment funds. Mayor Pulido in support of placing an on -going agenda item to provide updates due to the unpredictable state. Councilmember Mendoza advised city staff and the school district to work together to find a solution to benefit the residents and children. Mayor Pro Tern Villegas in support of the school district assisting with the meal program. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 2 JULY 21, 2020 COMMENTS 14*I1LWyIW7IVAU10 _WAEr—YKi7JAIJAI:11►N�-1 City Manager Kristine Ridge provided a brief update on planning efforts, will be presenting an update on COVID-19 and Cares Act spending plan via a virtual community meeting thru ComLink, and shared the success of the Censoteria game that took place this past Friday, educating the community regarding the importance of completing Census 2020. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Bacerra requested staff work with Registrar of Voters to increase the number of locations for Ballot Drop Boxes. Expressed concern with an individual who was released from confinement. Thanked District Attorney for notifying the community of the release. Deputy Chief Gominsky informed council that they are consistently monitoring the situation and are working with several agencies. Councilmember Mendoza spoke regarding the public comment process, encourages the city to participate in the Community Choice Energy program with the City of Irvine, and expressed support of a rent moratorium extension. Councilmember Penaloza encourages community to be outspoken regarding the individual recently released from confinement and is residing in the city. Thanked staff, and encouraged community to visit www.my202Ocensus.gov and participate. Councilmember Sarmiento thanked council for the flexibility in having recurring meetings to receive updates and address the public health issue. Encouraged redeployment of part-timers to act as ambassadors and inquired about what the options for relief on the submission of an initiative to be placed on the ballot due to the pandemic state. Councilmember Solorio, thanked staff regarding the CARES program, in support of redeployment of the SEW workers to assist as ambassadors, and directed staff to consider the Community Choice Aggregation. Mayor Pro Tern Villegas spoke on the success of the Artesia Pilar Neighborhood virtual meeting. Mayor Pulido spoke on Community Choice Aggregation and in support of having a special meeting to act judicially to address the pandemic. ADJOURNMENT - The next regular meeting scheduled for August 4, 2020 has been canceled. The next meeting of the City Council will be held on Tuesday, August 18, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular DRAFT CITY COUNCIL MINUTES 1 U } _ 1 3 JULY 21, 2020 Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Mayor Pulido adjourned the City Council meeting at 8:47 p.m. DRAFT CITY COUNCIL MINUTES 1 U }4_ 1 4 JULY 21, 2020 STRIKETHROUGH VERSION LAR 8.18.20 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND SECTIONS 33-184 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. As part of a Charter modernization initiative, voters approved removal of certain provisions regarding the Personnel Board, Planning Commission, and Board of Parks and Recreation from the Charter. This amendment incorporates many of these provisions into the Santa Ana Municipal Code; B. Provisions regarding the City's Environmental and Transportation Advisory Committee were located in Chapter 33 of the Santa Ana Municipal Code instead of in Chapter 2 with the majority of the Boards, Commissions, and Committees. As part of this amendment, all Boards, Commissions and Committees will be located in Chapter 2; and C. The amendment makes other changes to modernize and streamline Articles I and IV of Chapter 2 of the Santa Ana Municipal Code including removing dated provisions and updating other portions of the Code. Section 2. The Santa Ana City Council hereby amends Chapter 2 , Articles I and IV of the Santa Ana Municipal Code as follows (strike outs will be deleted and underline references new language): CHAPTER 2 - ADMINISTRATION ARTICLE I. - IN GENERAL Sec. 2-1. — Reserved. Sec. 2-2. - Confidential matters. (a) No city council member who obtains the private residential address, personal email address, or telephone number of any city officer or employee from city personnel records shall use such address or telephone number to advance the private interests of themselves or others, including, but not limited to, business or political purposes; provided, however, nothing herein shall be construed to prohibit Ordinance No. NS-XXXX Page 1 of 45 11 A-1 city council members from mailing holiday or greeting cards, invitations to social events or similar items to city officers or employees at their private residential addresses, regardless of the source of those addresses. (b) Any violation of this section shall be a misdemeanor. Sec. 2-3. - Peace officer standards and training —Desire to participate. The city declares that it desires to qualify to receive aid from the state under the provisions of chapter 1 of title 4, part 4 of the California Penal Code. Sec. 2-4. - Same —Adherence to standards. Pursuant to section 13522 of said chapter 1, the city, while receiving aid from the state pursuant to said chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. Sec. 2-5 - Corrections program standards and training. While receiving any state aid pursuant to article 2 (commencing with section 6040) of chapter 5 of title 7 of part III of the California Penal Code, the city will adhere to the standards for selection and training established bV the board of corrections. Sec. 2-6. - Certain reserve police officers to have powers of regular police officer. (a) All reserve police officers of the City of Santa Ana who have been issued a Peace Officers Standards and Training Level I Reserve Officer Certificate prior to January 1, 1981, shall have the full powers of a peace officer, where the city manager, on the recommendation of the chief of police, has determined such reserve officer qualified to perform general law enforcement duties by reason of such reserve officers' training and experience. (b) This section retains in the chief of police the authority, control and command over the reserve police force and permits the adoption of rules and regulations limiting or designating the extent of authority of the various activities of the reserve officers. Secs. 247 — 2-99. — Reserved. [Articles II -III NOT INCLUDED] ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS DIVISION 1. - GE"'r OFFICERS Sec. 2-300. - City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; Ordinance No. NS-XXXX 11 A-2 Page 2 of 44 (2) City manager; (3) City attorney; (4) Clerk of the council; (5) Assistant city manager; (6) Deputy city manager fnr ,+e„e'nnmen+ (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of human resources; (13) Executive director of community development; (14) Executive director of planning and building safety,-- (15) Executive director of information technologV; and (16) Executive director of library services. 225. inn n on�gprr RRGI Of.+ep6lty pity m r fnr Gle„elnnmen+ d 0ren+'ye of the n'+y n nil the n'+y maRageF 9F i beaFd OF GOMMOSSOOR Of the n'+y, nny ageRGY OF burly n n+rnlled by the n'+y, OF OR y rJnniimen+to the ri+y m r fnr rleyelnnmen+ GeWiGeG, nrl the rleni i+y ni+y m r fnr Gleyelnnmen+ oeni'nec chill Gsumeall powers;and rL A'ec n+henuice a erl by the e ni hive Sec. 2-300.4.- Reserved. Sec. 2-300.5. - Executive director of planning and building safety. All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the city, or in any document whatsoever that predates the effective date of this section, to the planning director, the building director, the director of building safety, and the director of planning and development service, or the ,fen„+„ ni+„ shall be deemed references to executive director of planning and building safety. Sec. 2-300.6. - Executive director of parks. recreation and community services. Ordinance No. NS-XXXX Page 3 of 44 11 A-3 All references in this code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of recreation and parks or to the executive director of recreation, parks and community services shall be deemed references to the executive director of parks, recreation and community services. Sec. 2-300.7. - Executive director of human resources. All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of personnel shall be deemed references to the executive director of human resources. Sec. 2-300.8. - Executive director of finance and management services. 1_All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of finance shall be deemed references to the executive director of finance and management services. 4-2. To become eligible for the position of -executive director of finance and management services, the person appointed by the City Manager shall be qualified to administer and direct an integrated department of finance, The executive director of finance and management services shall have the power to: a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such charges: d) -Direct the settlement of claims, demands or other charges, including the issuance of warrants therefor; e) Direct the maintenance of accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; Ordinance No. NS-XXXX 11 A-4 Page 4 of 44 and require reports of the receipts and disbursements from each receiving and expending agency of the City government; to be made daily or at such intervals as he or she may deem expedient; f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the -financial position of the City, and, as of the end of each fiscal year, submit a complete financial statement and report; g) Direct the administration of the license and business tax program of the City; h) Direct treasury administration for the City: including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office, department, or other agencV of the CitV government; and deposit all funds se+;+aQ. mate received in such depositorV as maV be designated bV resolution of the CitV Council, or, if no such resolution be adopted, bV the CitV Manager, in compliance with the provisions of the state constitution and laws of the state governing the handling, depositing, and securing of public funds. i) Direct centralized purchasing and a property control system for the City government under the rules and regulations to be prescribed by ordinance. 0 ._ Ordinance No. NS-XXXX Page 5 of 44 11 A-5 Participationph programs. (a) No member of a board or commission, city officer or employee, who in the course of his or her duties is required to participate in the formulation of policies for, or implementation of, any city -sponsored real estate incentive program, shall be eligible to participate in, or directly or indirectly receive any benefits therefrom, except as set forth in subsection (c) hereof. (b) City -sponsored real estate incentive program, for purposes of this section, shall have the same meaning as set forth in section 2-109 of this chapter, as it exists now or as amended in the future. (c) The prohibitions set forth in this section shall be inapplicable where they are in conflict with state or federal law. Secs. 2-305-2-32449. - Reserved. 2ess—:2 24T0—:2 328. Respved. DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS Sec. 2-325. - Compensation for members of boards, commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community {Development and Housing Csommission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Bboard. Fifty dollars ($50.00) per meeting. (c) Planning Coommission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Rfesources Coommission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Q^a.d of rerreatiGn apd ^a' Parks, Recreation and Community Services Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. Ordinance No. NS-XXXX 11 A-6 Page 6 of 44 (f) Environmental and Ttransportation Aadvisory Ctteaommission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Csommission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of fifty dollars ($50.00) per meeting_ cer r ulaF where tWeRty five Glellars ($25 nn) n etiRg cer alternate members, RGI +ew Glellare ($19 nn) per etiRg cer aGGGGiat& mew.hecY rrrcrrrvcra. (h) Arts and CGulture Csommission. Each commission member shall receive a maximum compensation in the amount of $50.00 for attendance at one regular meeting per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the CitV when such expenditure has been appropriated bV the CitV Council and been se authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the City Council. .Sec. 2-326. — Appointments, removals, vacancies, term a) Except as otherwise specified in the charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a maloritV of the members. For boards and commissions having at least seven (7) members, the City Council shall select seven (7) members from nominations made by the council member (or mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, as determined by the City Council in accordance with subsection (e) below, together with nominations from any other member of the Council all other appointments shall be as determined by the charter, or by the City Council from time to time. At least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. At the request of a councilmember, this rule may be waived by a 2/3 vote for the City Council for any one appointment if the requesting member is unable to find a qualified and acceptable ward resident to nominate. For purposes of this rule, residency is only required at the time of nomination. b) Vacancies arisina from whatever cause shall be filled in the same manner Upon a vacancy occurring leaving an unexpired portion of the term, any appointment to fill such a vacancy shall be for the unexpired portion of such term. All terms shall begin on the same date as City Councilmember terms as provided in section 400 of the Charter. Ordinance No. NS-XXXX Page 7 of 44 11 A-7 c) If a member of a board or commission absents himself or herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of such board or commission within a calendar Vear, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the CitV, the office shall become vacant and shall be so declared bV the City Council. d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the City Council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a two (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms. Short or partial terms (as defined for City Council in Section 401 of the Charter) shall not be considered. Unless otherwise provided bV ordinance of the CitV Council for a board or commission havina more or less than seven (7) members. the terms of three (3) of the members of each such board or commission shall begin on the date of the beainnina of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the City Council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. fe�-For boards and commissions with at least seven (7) members, the City Council shall designate six (6)- board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 2-326. Except for purposes of the fifty -percent (50%) nomination rule in subsection (a) above, residency in that ward is not required. Ordinance No. NS-XXXX 11 A-8 Page 8 of 44 Sec. 2-327. —Prohibition aaainst serving as treasurer for camnaian committee If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the City Council. -No person who serves as the treasurer of a campaign committee which receives contributions for anV candidate for mayor or councilmember shall be eligible for appointment to anv appointive board or commission. Sec. 2-328. —Meetinas: chairperson: recording secretarv. The election of each chairperson and vice -chairperson shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairperson or vice -chair person, shall elect one of its members for the unexpired term. The chairperson shall have the responsibilitV for informing the CitV Council of board, commission, or committee actions or inactions and the reasons therefore. The CitV Manager or his or her designee shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with the charter, this code, and shall be filed with the Clerk of the Council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. 2eas-2-3:2a :2 34P. ResApved. Sec. 2-329. — Reserved. DIVISION 3.- PERSONNEL BOARD Sec. 2-330. —Personnel board-Membershi The personnel board shall consist of seven (7) members to be appointed by the City Council from the qualified electors of the City. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for period of one (1) year after he or she has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City. Ordinance No. NS-XXXX A Page 9 of 44 11 A-9 Sec. 2-331.-Same-Powers and duties. The personnel board shall have power and be required to: a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the civil service rules and regulations; b) Consider matters that may be referred to it by the City Council or the City Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the City Council, or to both such authorities, as it may see fit; d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. Sec. 2-332. —Attendance of witnesses; oaths and affirmations. The personnel board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the personnel board shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. DIVISION 4.- PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION Sec. 2-333. Parks, Recreation, and Community Services Commission —Membership. The members of the parks, recreation, and community services commission shall be appointed from the qualified electors for the City. Seven (7) members shall be appointed as required by section 2-326 of -this code. Sec. 2-334.-Same-Powers and duties. The parks, recreation and community services commission shall have the power and duty to: Ordinance No. NS-XXXX 11 A-1 0 Page 10 of 44 a) Act in an advisory capacity to the City Council in matters pertaining to the acquisition, capital improvements, rehabilitation and maintenance of parks and recreational, cultural, zoo and facilities; b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation, and Community Services AgencV and make recommendations to the City Manager and/or CitV Council; b.)c) Act in an advisory capacity to the CitV Council in recommending policies and/or legislation on all matters pertaining to parks, recreation and community services; a}d) Perform such other duties as may be directed bV the City Council; d)e) Act in an advisory capacity and provide a recommendation to the City Council and the City Manager as to the acceptance or resection of offers of donations of money, personal property or real estate to be used for recreation and parks programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; and e4f) The commission shall report annually to the City Council on its goals and accomplishments. Sec. 2-335-2-349. Reserved. DIVISION 52-- PLANNING COMMISSION Sec. 2-350. - Establishment. There is created and established a planning commission for the city pursuant to Santa Ana city Charter section 900 the pity nheher. �������, : 1 1 1 ! � 11 11 • 1 JlCaiil�T-a'��T The planning commission shall consist of seven (7) members to be appointed by the City Council from the qualified electors of the City, and no member of said commission shall hold any paid office or employment in City government. Sec. 2-350.2 —Planning commission- Powers and duties The planning commission shall have the power and be required to: a) Periodically review the City's General Plan; b) Make studies and plans for future civic land use, including use as public recreation facilities; Ordinance No. NS-XXXX Page 11 of 44 11 A-1 1 c) Annually review the City's capital improvement program solely for consistency with the General Plan; d) Exercise such functions as to land subdivisions, zoning and other City planning as maV be prescribed bV ordinance; and- e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the City Council or the City Manager, or to both such authorities, as it may see fit. Sec. 2-351. - Meetings. planningThe datesmeet at Sec. 2-353. - Committees. The chair ep rsonn4ar� of the planning commission shall appoint as needed such temporary or standing committees for the study, investigation and report of particular matters as may be helpful in carrying out the responsibilities of the commission. Sec. 2-354. - RevieW of budget. Reserved. Ordinance No. NS-XXXX 11 A-1 2 Page 12 of 44 Sec. 2-355. - Director's duties. It shall be the duty of the Executive Director of planning and building safety pl@RROR9 GliFeGtGr as chief administrative officer of the planning department of the city to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the planning commission in the furtherance of its transactions. In addition, the planning director shall report to the planning commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters relating to city planning. Sec. 2-356. - City administrative officials' duties. It shall be the duty of all officials of the city to furnish to the planning commission within a reasonable length of time any information available to such officials as may be requested by the commission and required by it for the effective carrying out of its responsibilities. Sec. 2-357. - Submission of capital improvement plans. On or before the first day of March in each year each city officer, department, office, board, commission or other city agency whose functions include recommending, preparing plans for or constructing public capital improvements shall submit to the planning director, as the agent for the planning commission, a list of capital improvements proposed by such officer or agency for planning, initiation or construction during the ensuing fiscal year. Sec. 2-358. - Report to council on capital improvement schedule. On or before the fifteenth day of May of each year the planning commission shall submit a report to the city council which shall contain any revisions recommended by it in the teR "mar capital improvement program, as required by �PG-GR o, n of - e +„ Ah;;4pr section 2-357 of this Code, and shall also contain the comments and recommendations of the commission regarding the capital improvements proposed by the various officers and agencies of the city as provided for in section 2-357. Sec. 2-359. - Appeals from decisions of the building official. The planning commission shall also hear appeals from the decisions of the building official in accordance with section 8-4 of this Code. Sec. 2-360. —Attendance of witnesses; oaths and affirmations The planning commission, when hearing appeals from the decision of the building official, shall have the same power as the City Council to compel the attendance of Ordinance No. NS-XXXX Page 13 of 44 11 A-1 3 witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the planninq commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. Secs. 2-3619-2-369. - Reserved. DIVISION 62-.-5. - HISTORIC RESOURCES COMMISSION Sec. 2-370. - Establishment. There is created and established a historic resources commission for the city pursuant to and in accordance with the provisions of city Charter section 900. evrnvie rn of the Qty rharte. Sec. 2-371. - Members. The historic resources commission shall consist of nine (9) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. tie on, of the rhartpr of the Qty of Sa a —The remaining two (2) members shall be ex officio representatives from the planning commission and the community 4:edevelopmentaRGI he61s+R9 commission, with one (1) member from each commission. Commission members should possess an expertise and experience in the disciplines of architecture, history, architectural history, planning or other historic preservation related disciplines, such as urban planning, to the extent that such professionals are available in the community. Sec. 2-372. - Meetings. The historic resources commission shall meet P;;Ah rnnnth at dates and times specifically set out and established in the bylaws riles of the commission. Sec. 2-373. - Director's duties. It shall be the duty of the executive director of the planning and building safety ate, as chief administrative officer of the planning department of the city, to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the historic resources commission in the furtherance of its transactions. In addition, the executive director of the planning and building a safety shall report to the historic resources commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters to historic preservation. Sec. 2-374. - Powers and duties. The historic resources commission shall have the following powers and duties: Ordinance No. NS-XXXX 11 A-14 Page 14 of 44 (a) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto; (b) Carry out those duties enumerated in chapter 30 of this Code regarding places of historical and architectural significance; (c) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; (d) Advise and make recommendations to the planning commission, city council and other city boards and commissions regarding historical projects and property; (e) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; (f) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the state Historic Building Code; (g) Recommend to the city council programs that confer recognition upon the owners of designated historic resources; (h) Encourage public understanding and involvement in historic and architectural heritage. Secs. 2-375-2-443-99. - Reserved. oru-rvrvrrErn rnvrnvrvrnvrvEv i- ', Ii— ` 1 � 0.. ! IN , e e Ordinance No. NS-XXXX Page 15 of 44 11 A-15 c�r�ras---- Few — Ordinance No. NS-XXXX Page 17 of 44 11 A-17 NO . .. . ......- Ordinance No. NS-XXXX 11 A-1 o Page 18 of 44 Ordinance No. NS-XXXX A Page 19 of 44 11 A-19 Ordinance No. NS-XXXX 11 A-20 Page 20 of 44 r:r=------ rz�ranrr.�ra�rs�rr.rs>�ir�.r.Trr.nma�sr. r.�.inrrrnrTmmIMma =r CTm - - - imm oil ml ' - ••- - - " - -- --sir+=-" - " -" --- - --- - --- Ordinance No. NS-XXXX Page 23 of 44 11 A-23 Bess. 22 40002 449. Renewed. DIVISION 7-4. —YOUTH COMMISSION Sec. 2-450. - Commission established; composition. There is hereby created and established a youth commission for the City of Santa Ana, having such powers as set forth in this division. The youth commission shall consist of seven (7) regular members; seen (7) alteFRate members, and seveR (7) assepiate mprnbprs, who shall be subject to appointment and removal pursuant to Section 2-326 of this Code. 09A 9n1 of tho rhQ14Rr of tho ri+„ of 2anta Ana ajapreval of a majority of %he„Yoirth G91*11*106609R, shall a i%ematiGally he—yvsated No member of the commission shall hold anv paid office or be emDloved in the Citv government. Sec. 2-451. - Requirements of membership. Each member of the youth commission shall be a student enrolled and attending school in 7th through 12th grades, as well as a resident of the City of Santa Ana. RegulaK aRMembers shall consist of uD to seven votina members. all residents of the Citv of Santa Ana. be ages i tee (16) +o tWe ty (29) nite Mate members shall be ages 0 4} Should any member cease to reside within the City of Santa Ana, or cease to be a student enrolled and attending a school, his/her office shall automatically be vacated. All pFespest+ve Sec. 2-452. - Director's duties. It shall be the duty of executive director of the parks, recreation and community services agency, and/or his/her designee, to report to the youth commission all information and data available to him/her which can be of assistance to the deliberations of the commission and shall advise the commission on any issues on which they require assistance and/or guidance. Ordinance No. NS-XXXX 11 A-24 Page 24 of 44 Sec. 2-453. - Meetings. The youth commission shall meet at dates and times set forth in the bylaws. held at ;WGessaFy. The bylaws shall be approved by the City Council. Sec. 2-454-2-455. Reserved. r�IMP �iwr� r�x�rwrrrr Sec. 2-456. - Organization. The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. Sec. 2-457. - Responsibilities and duties of commission. The youth commission shall have the following responsibilities and duties: (a) tie Gity Ge61asil; Ordinance No. NS-XXXX Page 25 of 44 11 A-25 -------------------- (a) Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; (b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council; (c) Act in an advisory capacity to the City Council in recommending policies -and/or legislation for improving the position of the Vouth in the City of Santa Ana; (d) Perform such other duties as may be directed by the City Council; Secs. 2-45-7-8-2-549. - Reserved. DIVISION 8 5. - ARTS AND CULTURE COMMISSION Sec. 2-550. - Establishment. There shall be created, constituted and established a Santa Ana Arts and Culture Commission. Sec. 2-551. - Members. The arts and culture commission shall consist of seven (7) members. Members of the commission should be persons who are concerned about arts and cultural issues in the city and should be persons who have professional expertise or substantial volunteer involvement in the following areas: Visual, performing or literary arts; architecture, design or urban planning; education; history; science; film; or arts and cultural institution management. The commissioners shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. Ce^+iry on, rvf +he Cher+er of the City rvf gaRta ARa Sec. 2-552. = Meetings_ . The arts and culture commission shall meet on dates and times as ^n,., t at ene (1) time a ^h ry er+er or more frervne Rtly aG RPPdPrJ e+ rde+e^ en^I time^ ^ ^ifi^^Ihi set A-4 a:,(established in the bylaws OR the rwles of the commission. Fe^^h Ordinance No. NS-XXXX 11 A-26 Page 26 of 44 --- .... .._ Sec. 2-552.5 - Duties of the city manager. It shall be the duty of the city manager or his or her designee to provide staff support to the arts and culture commission and provide data, materials and resources which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters. Sec. 2-553. - Powers and duties. The arts and culture commission shall have the following powers and duties: (a) The commission shall act as an advisory body to the city manager and the city council and make recommendations regarding but not limited to: (1) Policies, priorities and plans for the development and improvement of arts and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies, in the greater Santa Ana area. (2) Coordinating with the private sector and other governmental agencies in promoting arts and cultural excellence as a tool for the encouragement of economic development, business relocation and tourism. (3) Organizing and promoting activities which celebrate the city and its unique cultural heritage. (4) Allocation and budgeting of funds for arts and cultural funding. (5) Payments for the design, execution and placement of public art projects, within established appropriations for the art projects. (6) Encouraging the use of local artists in city public art projects. (7) Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other city art acquisitions, gifts or extended loans of art. (8) _ Deaccessioning of artworks, when necessary; (b) The commission shall a+se advocate for arts education, cultural diversity—,44e caste. QitieG PrGgra and other initiatives that further the growth and sustainability of the arts and cultural community in Santa Ana area. (c) IR-a4d#ie�The commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of this division and as set forth in reports or recommendations adopted by the city council. (d) The commission shall cronsider matters referred to it by the city manager or the city council. Ordinance No. NS-XXXX Page 27 of 44 11 A-27 DIVISION 9. - oEc �P4 ENVIRONMENTAL AND TRANSPORTATION ADVISORY r^""^"""COMMISSION Sec. 2-554. —Environmental and transportation advisory commission On December 2, 1991, the city council created and established under city council Resolution No. 91-112 the environmental and transportation advisory committee /E� for the City of Santa Ana. This body shall now be known as the environmental and transportation advisory commission (ETAC). The environmental and transportation advisory e-commission shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of section 2-326- of this code -shall govern the appointment, removal and terms of the members of ETAC and the existence of vacancies on ETAC Membership in ETAC -may include (1) member who shall be nominated by the Santa Ana Chamber of Commerce and approved by a majority of the City Council and one (1) member nominated by the Santa Ana Hispanic Chamber of Commerce and approved by the City Council within the nine (9) member limit. The members nominated by the Chambers need not be qualified electors of the city. Effective January 1, 2021, the members nominated by the Santa Ana Chamber of Commerce and the Hispanic Chamber of Commerce are limited to one, four (4) Vear term. 2. ETAC -meetings and procedures shall be resolved and detailed in separately adopted by-laws. Sec. 2-555. —Same-Duties and responsibilities. 1. The duties of ETAC -shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. The -ETAC shall make recommendations on designated species for specific streets and neighborhoods. 2. ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. Ordinance No. NS-XXXX 11 A-28 Page 28 of 44 3. ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matters of question coming within the scope of the urban forest. 4. The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. 5. The ETAC shall provide general input regarding the City's Circulation Element, the BicVcle and Pedestrian Master Plans, and Citywide Complete Streets, and advice on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. Secs. 2-5564-2-599. - Reserved. DIVISION 10ra. - LIBRARY151 Sec. 2-600. - Established; use. A public library is established in the city for its inhabitants and nonresident taxpayers. The public library shall provide free basic library services, subject always to such ordinances and resolutions as may be made by the city council. Any person who violates any such ordinance or regulation may, in addition to any other penalty, be excluded from the privileges of the library. Sec. 2-601�. - Reserved. Sec. 2-6024. - Interfering with or disrupting library activities. Any person who comes into any public library or onto the library's immediate adjacent grounds, including but not limited to the patio and parking areas, and whose presence or acts interfere with the purpose and peaceful conduct of the activities of such library or disrupts the library or its facilities or its staff or its patrons or its activities is guilty of a misdemeanor if he or she remains there after being asked to leave the library by the library director or his or her designated representative. Secs. 2-603-2-607. - Reserved. Ordinance No. NS-XXXX A Page 29 of 44 11 A-29 Secs. 2-608 - 2-609. - Reserved. Secs. 2-610-2-615. - Reserved. DIVISION 11�. - REDEVELOPMENT AGENCYu Sec. 2-616. - Need for agency declared; agency authorized to function in city. It is hereby found and declared, pursuant to Section 33101 of the Community Redevelopment Law, that there is a need for the redevelopment agency created by Section 33100 of said law to function in the City of Santa Ana, and said agency is hereby authorized to transact business, and exercise its powers under the Community Redevelopment Law. Sec. 2-617. - Council designated redevelopment agency; rights, powers, duties, etc. The Council of the City of Santa Ana hereby declares itself to be the redevelopment agency, as provided in this division, and all rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in such agency shall be and are vested in this body. Sec. 2-618. - City fee payment deferral. (a) To the extent that the community redevelopment agency of the city has an obligation to pay city fees or charges (including development fees and administrative cost fees) for construction, demolition, or building site preparation work, the payment of such fees by the redevelopment agency, or by contractors performing such work, or by the subcontractors of such contractors, shall be deferred until such time as the city council may demand the payment thereof. The redevelopment agency shall be responsible for the eventual payment of all fees deferred pursuant to this section, including those which would otherwise have been paid by its contractors or their subcontractors. The redevelopment agency's obligations under this section shall constitute an indebtedness of the redevelopment agency to the city. (b) For purposes of this section, the redevelopment agency shall be deemed to have the obligation to pay city fees and charges for construction, demolition or site preparation work in private property only to the extent that the redevelopment agency has assumed such obligation in an agreement with a private developer for the development of such property. Sec. 2-619. — Successor Agency and Successor Housing Agency. Per ABx1 26, all redevelopment agencies in California were effectively dissolved as of and on February 1, 2012. Pursuant to Health and Safety Code section 34173, the Ordinance No. NS-XXXX 11 A-30 Page 30 of 44 city elected to serve as the Successor Agency for the Community Redevelopment AgencV, and selected the Housing Authority to act as the Successor Housing AgencV. Seca , 2-620. - Reserved. DIVISION 129. - COMMUNITY PE -DEVELOPMENT AND WGI 12ING COMMISSION Sec. 2-621. - Commission created; composition. There is hereby created the community redevelopment aRGI hG61GiR9 commission, originally named the community redevelopment and housing commission, consisting of seven (7) members, except as otherwise provided in section 2-626. The community redevelopment aRGI hG61GiR9 commission shall serve both in the capacity of a community redevelopment commission pursuant to Sections 33201 and 33202 of the Health and Safety Code of the State of California and in the capacity of a housing commission pursuant to Sections 34291 and 34292 of said Health and Safety Code. Sec. 2-622. - Appointment, removal of members; filling of vacancies. The members of the community redevelopment aRGI hG61s+a9 commission shall be appointed and may be removed and vacancies filled, as provided in section on�c Gity GhaTte 2-326 of this Code_; evnept as otherwise pFevided On seption2 626 Sec. 2-623. - Term of members. The terms of the members of the community redevelopment and ;a61GiRg commission shall be in accordance with section 2-326 of this Code CP-Ammon on, of +he Gity garter, except as otherwise provided in section 2-626. Sec. 2-624. - Commission members prohibited from acquiring interest in property included within project areas. No member of the community redevelopment and hOUSORg commission shall acquire any interest in any property included within any project area undertaken by the community redevelopment agency. Sec. 2-625. - Members to disclose financial interest in property included within project area. Each member of the community redevelopment aRGI he61s+r9 commission who owns or has any direct or indirect financial interest in any property included within a project area as designated by the community redevelopment agency, shall immediately make a written disclosure of it to the city council. Sec. 2-626. - Tenant commissioners. Two (2) tenant commissioners shall serve on the community redevelopment and hG61GiR9 commission at such times as that commission is acting in the capacity of a Ordinance No. NS-XXXX Page 31 of 44 11 A-31 housing commission, and at such times the number of members of that commission shall be increased to nine (9). The tenant commissioners shall serve for terms of two (2) years, from the date of their appointments, and their successors shall be tenants. Successors of tenant commissioners shall be appointed for a term of two (2) years. If a tenant commissioner ceases to be a tenant, he or she shall be disqualified as a commissioner and another tenant shall be appointed to fill the unexpired term. Sec. 2-627. - Prohibited interest of commissioner. (a) No member of the community redevelopment aad he61s+R9 commission shall acquire any direct or indirect interest in any housing project or any property included or planned to be included in any project, nor shall (s)he have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If (s)he owns or controls a direct or indirect interest in any such property, (s)he shall immediately make a written disclosure of it to the housing authority and such disclosure shall be entered upon its minutes. Failure so to disclose his/her interest constitutes misconduct in office. (b) Nothing contained in this section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the housing authority from serving on the community redevelopment aad h961G+R9 commission, provided that the fact of such tenancy is disclosed to the housing authority in writing and entered upon its minutes immediately upon assuming office; nor shall any provisions of this section be construed as in any manner prohibiting the right of such tenant commissioner to exercise his full powers vested in his/her office. Secs. 2-628, 2-629. - Reserved. DIVISION 139. - INDUSTRIAL DEVELOPMENT AUTHORITY Sec. 2-630. - Purposes. The California Industrial Development Financing Act, as set forth in Title 10 (commencing with Section 91500) of the Government Code of the State of California, has established an industrial development authority of this city for the achievement of specified public purposes. The public purposes are the increasing of opportunities for useful employment or otherwise contributing to economic development. The need for the establishment of an industrial development authority in the achievement of such purposes is based upon findings that industry requires the new and alternative method of capital finance that such authorities can provide in order for it to undertake the acquisition, construction or rehabilitation of facilities the use of which will serve those public purposes. Sec. 2-631. - Findings. Ordinance No. NS-XXXX 11 A-32 Page 32 of 44 There is a need in the City of Santa Ana for the acquisition, construction or rehabilitation of facilities for the use of industry which will increase employment opportunities or otherwise contribute to economic development, and further, the new and alternative method of capital finance that industrial development authorities can provide will aid in satisfying that need. Sec. 2-632. - Declarations. (a) Need. There is a need in the City of Santa Ana for an industrial development authority to provide industry with an alternative and additional method of finance in accordance with state policy as set forth in the California Industrial Development Financing Act. (b) Organization. The industrial development authority of this city established by the California Industrial Development Financing Act is hereby declared organized and shall function under the name "Industrial Development Authority of the City of Santa Ana," and be authorized to transact business and exercise of all of the powers and other authority conferred upon industrial development authorities by such act. Sec. 2-633. - Board of directors. The city council of the City of Santa Ana is declared to be, ex officio, the board of directors of the industrial development authority of the City of Santa Ana. Sec. 2-634. - Meetings. The time, place and manner of the regular meetings of the board of directors of the industrial development authority of the City of Santa Ana shall be established by bylaws adopted by such board. I Intol inh town° as bylaws a SG adGpte,t the . „I,. n etiRgs of wish heerd che11 he held ;at the hear of 2;99 n on the fire+ 1 ORGlay in the m nthc of C;;nt;; nne n wmm-ccr Secs. 2-635-2-640. - Reserved. DIVISION 1444. - HOUSING AUTHORITYu Sec. 2-641. - Council designated housing authority. The city council hereby declares itself to be the housing authority pursuant to Section 34290 of the California Health and Safety Code, and all rights, powers, duties, privileges and immunities vested by the Housing Authorities Law in such authority shall be and are vested in said body. Ordinance No. NS-XXXX Page 33 of 44 11 A-33 DIVISION 15- EMERGENCY SERVICESi3I Sec. 2-642. - Purposes. The purposes of this division are to establish the emergency organization of the city: to provide for coordination of the emergency functions of the city with all other public agencies, organizations, businesses and private persons; and to provide for the preparation and implementation of emergency plans and procedures; all for the protection of persons and property in the event of a large scale emergency or disaster. Sec. 2-643. - Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Emergency or local emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency", which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of war emergency — Means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. Emergency services/emergency operations/emergency management — Used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large Ordinance No. NS-XXXX 11 A-34 Page 34 of 44 emergencies or disasters caused by all hazards, whether natural, technological or human caused. Director or director of emergency services — Means the individual having primary iurisdiction and authority over the city's response and recovery to emergencies and disasters and is authorized to act on behalf of the citv. Sec. 2-644. - Emeraencv organization A. City organization. All officers and employees of the city, together with those volunteer forces enrolled to aid them in an emergency, and all groups, organizations and persons who maV by agreement or operation of law, including persons pressed into service under the provisions of this title, charged with duties incident to the protection of persons and property in this city during such emergency, shall constitute the emergency organization of the city. B. Disaster service workers. Pursuant to California Government Code Sections 3100 to 3109, all public employees are declared to be disaster service workers under law, and are subiect to such disaster service activities as may be assigned by their superiors or bV law, which maV include assisting anV unit of the emergencV organization or performing any act contributing to the protection of life or propertV or mitigating the effects of an emergencV or disaster. Private persons who register as emergencV volunteers of the city are also deemed disaster service workers of the city. The city police department and the city personnel department shall develop policies and procedures for the registration, training and standards for employee and volunteer disaster service workers. C. Director of emergency services. 1. Director, deputy director and line of succession. There is hereby created the position of director of emergencV services, who shall have full authoritV over the operations and resources of the city during a proclaimed emergencV, and this position shall be filled by the city manager. There is also created the position of deputy director of emergencV services, which shall be filled by the chief of police. In the absence or the inability to act of the city manager, he/she shall automatically be succeeded as director of emergencV services by the following officials in the order named: 1. Deputy director of emergencV services/chief of police. 2. Assistant city manager 3. Deputy city manager. 4. Director of public works. 5. Director of finance and management services. 6. Director of planning and building. Additionally, the city manager may designate a specific official to act as director of emergencV services based upon the circumstances of a specific emergencV Ordinance No. NS-XXXX Page 35 of 44 11 A-35 event. An official designated as director may appoint a subordinate with command or management authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. Director of emergency services —Powers and duties. The director of emergency services is empowered to: 1. In accordance with the provisions of Section 2-646A, request the city council to proclaim the existence or threatened existence of a local emergency, if the city council is in session: or to issue such proclamation if the city council is not in session, 2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does SO), 3. Control and direct the efforts of the emergency organization of the city for the accomplishment of the purposes of this division, 4. Direct cooperation between, and coordination of, the services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise among them, 5. In the event of the proclamation of a local emergency as provided herein, or the proclamation of a state of emergency by the governor or the director of the governor's office of emergency services, or the existence of a state of war emergency, the director is hereby empowered to: a. Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency: or to suspend rules, regulations, orders or directives: provided such rules and regulations or suspensions are confirmed by the city council at the earliest practicable time, b. Requisition necessary personnel or material of any city department or agency, c. Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the city for the fair value thereof and, if required immediately, to commandeer the same for public use, d. Require emergency service of any city officer or employee, and to command the aid of the citizens of this community. e. Execute all of the ordinary powers and duties as city manager, all special powers and duties conferred upon the city manager by this division and by the emergency operations plan adopted pursuant hereto, all powers and duties conferred upon him/her by any statute, agreement or other lawful authority, and in conformity with Section Ordinance No. NS-XXXX 11 A-36 Page 36 of 44 38791 of the California Government Code, to exercise complete authority over the city and to exercise all police powers vested in the city by the constitution and general laws. 3. Deputy director of emergency services —Powers and duties. The deputy director of emergency services/chief of police is empowered, under the supervision of the director, to: 1. Represent the city in all dealings with public and private agencies on matters pertaining to any emergency as defined by this division, 2. Develop the emergency plans and manage the emergency programs of this city, 3. Appoint and oversee an emergency operations coordinator in accordance with, and to further execute, the provisions of this division, 4. Carry out any other powers or duties as may be assigned by the director. D. City council —Powers and duties. The city council is empowered to: Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies or disasters, 2. In accordance with the provisions of Section 2-646A, proclaim the existence or threatened existence of a local emergency, if in session; or to ratify such proclamation made by the director if not in session, 3. During a local emergency, pursuant to Section 415 of the Charter, city council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City council may review rules. regulations. orders or directives or suspensions thereof issued by the director pursuant to subsection C.2 E. Emergency operations coordinator. There is created the position of emergency operations coordinator, which shall reside in the city police department under the supervision of the deputy director of emergency services/chief of police or his/her designee. The emergency operations coordinator shall: 1. Coordinate all city activities related to emergency preparedness, prevention, mitigation, response and recovery: 2. Facilitate emergency and disaster planning for the city, encompassing governmental entities and resources, commercial and industrial resources, and private or non -governmental organizations necessary to support disaster operations; 3. Prepare and maintain the emergency operations plan for the city, and facilitate with city departments the preparation and maintenance of standard operating procedures and guidelines necessary to support disaster operations; 4. Prepare and maintain city supplies and facilities that support disaster operations; Ordinance No. NS-XXXX Page 37 of 44 11 A-37 5. Develop and coordinate emergency training and exercise programs as may be required for city staff, and an emergency preparedness community education program; 6. Coordinate emergency planning and interagency coordination with other local, state and federal agencies and with private or other disaster relief organizations; and serve as the citV's representative member of regional emergency planning and interagency coordination committees and planning rg oups; 7. Recommend to the director of emergency services for referral to the city council matters of policy related to disaster planning or preparedness; Recommend to the director of emergency services for referral to the emergency operations advisory board matters for consideration within the purview of their responsibilities. F. Emergency operations advisory board. 1. Emergency operations advisory board members. The city emergency operations advisory board shall be composed of: 1. Director of emergency services/city manager, who shall be chair, 2. Deputy director of emergency services/chief of police, who shall be vice chair, 3. Executive managers named in the director of emergency services line of succession in subsection CA.: a. Assistant city manager, b. Deputy city manager, c. Director of public works, d. Director of finance and management, e. Director of planning and building, 4. Orange County Fire Authority Division 6 Chief, 5. City attorney, who shall serve as legal advisor to the emergencV operations advisory board, 6. City clerk, who shall serve as secretary to the emergency operations advisory board, 7. Any other department directors or staff requested by the director of emergency services, and 8. Emergency operations coordinator, to serve as staff to the emergency operations advisory board. 2. Emergency operations advisory board —Powers and duties. It shall be the responsibility of the city emergency operations advisory board, and it is empowered to, review and recommend for adoption by the city council Ordinance No. NS-XXXX 11 A-38 Page 38 of 44 emergency plans, policies and agreements, and such ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; to oversee the planning and preparedness activities of all city departments; to oversee the training of all city staff and employees; and to oversee the training and activities of volunteer programs of the city related to disaster roles and functions. The emergency operations advisory board as a body serves in a pre -disaster planning and preparedness role and as such body may not have a direct role in disaster response or recovery activities. 3. Emergency operations advisory board meetings. The emergency operations advisory board shall meet quarterly: and additionally as necessary upon the call of the chair, or in his/her absence from the city or inability, upon call of the vice - chair. G. Emergency operations committee. The emergency operations committee is created as a standing and working sub -committee to the emergency operations advisory board. The emergency operations committee is composed of the emergencv operations coordinator, who shall be chair, and managers or management staff from each city department appointed by the department director and who shall be able to speak on behalf of their department. The emergency operations committee will provide operational direction for implementation of programs and activities established by the emergency operations advisory board, develop and maintain city emergency plans and procedures, coordinate training and exercise programs for each city department and for the city as a whole, and shall constitute a core of emergency operations center staff. The emergency operations committee shall meet monthly and additionally at the direction of the emergency operations advisory board or upon call of the emergencv operations coordinator. H. Adoption of collaborative systems and standards. The city recognizes that a large- scale emergency or disaster may have the potential to overwhelm the commonly available resources and capabilities of the city and may require the combined response of numerous agencies, iurisdictions and levels of government. Therefore, the city participates in the Orange County Operational Area response and recovery organization as provided by California Emergency Services Act Section 8605 and is a signatory to the Orange County Operational Area Agreement. The city adopts the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS) as a basis for emergency plans and response. The framework of these systems includes use of the Incident Command System (ICS), multi -agency and interagency coordination, participation in the Master Mutual Aid Agreement and Systems of the State of California, and the Operational Area concept. The city will comply with the provisions of the California Emergency Services Act. Sec. 2-645. - Emergency operations plan. The emergency operations committee shall be responsible for the development and maintenance of the city emergency operations plan (EOP) and related annexes or manuals. The EOP shall provide for the effective mobilization of all the resources of the city, both public and private, to meet any condition constituting a local emergency, and Ordinance No. NS-XXXX A Page 39 of 44 11 A-39 shall provide for the organization, duties and functions, and procedures and capabilities of the city's response to the emergency. Each city department will supplement the EOP with those standard operating procedures necessary to fulfill their role in an emergency under the EOP. The EOP shall comply with the principles of the Orange County Operational Area Agreement, the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS). The emergency operations advisory board shall be responsible to review and recommend adoption of the EOP to city council, and to implement the requirements of the plan once adopted. City council shall review and adopt the plan by resolution as a policy of the city. Once adopted, the plan shall be mandatory upon city departments and agencies, employees and registered volunteer emergency workers and shall have the effect of law whenever an emergency has been proclaimed as provided in this division. Sec. 2-646. - Emergency proclamations and measures. A. Proclamations of local emergency. A local emergency, as defined by section 2-643 and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its magnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the city. The director of emergency services may request the city council to proclaim the existence of a local emergency, if the city council is in session, or may issue such proclamation if the city council is not in session. Such proclamation must be made within ten (10) days of the occurrence of the disaster or emergency. Whenever a local emergency is proclaimed by the director, the city council must, within seven (7) days from the date of the original proclamation by the director, approve a resolution ratifying the proclamation, or allow the proclamation to expire. City council shall review the need for continuing the local emergency at least once every thirty (30) days and shall terminate the emergency or allow it to expire at the earliest possible date that conditions warrant. During a local emergency, the city council or the director of emergency services may promulgate ordinances, orders or regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. The city council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Upon termination of the local emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect. B. Initial emergency measures. All emergency measures taken by the director of emergency services prior to the issuance of an official proclamation of emergency. or prior to any decision by the city council not to issue such proclamation, shall be Ordinance No. NS-XXXX 11 A-40 Page 40 of 44 deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city and shall be legal and binding on the city. The director of emergency services shall be immune from any form of liability for all emergency measures taken pursuant to an official proclamation of emergencV made by the director prior to a decision bV the city council, even if the city council later decides not to ratify the director's proclamation of emergencV. C. Emergency expenditures. Any expenditure made in connection with emergencV activities under this division, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and Property of the city. The director of emergencV services, during a proclaimed emergencV, shall have the authority to approve contracts and waive normal purchasing requirements as necessarV to support the emergencV response under this division and to protect the life and Property of the residents of the city. The director shall have the authority to enter contracts or make purchases for any supplies, materials, equipment or services when any such item is immediately necessarV for the continued operation of city government, for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, provided there is a present, immediate and existing emergencV. The finance director shall maintain a detailed accounting of all expenditures made under this provision and shall submit upon termination of the emergencV, a detailed report to the city manager, who in turn shall provide the report to the city council. Sec. 2-647. - Continuity of government. Disasters or large-scale emergencies may result in conditions causing the absence or unavailability of officers or officials of the city. The preservation and continued functioning of local government is of utmost concern in these circumstances. The city will take these minimum precautions to provide for the continuance of essential government services during times of emergencies: A. City council. If, during a local emergencV, state of emergencV or state of war emergencV that has been proclaimed or exists under the provisions of the emergencV services act, it has been determined that a maiority of the city council seats have become temporarily or permanently vacant and a regular quorum no longer exists, the powers and authority of the city council, except for those duties prescribed to the city council in Article IV, section 403 of the City Charter, shall vest with the director of emergencV services until a quorum of the regularly elected city council members is present, or until a sufficient number of vacancies that are determined to be permanent are filled under the provisions of Article IV, Section 403 of the City Charter. B. Executive manaaement lines of succession. For the ourooses of this division department directors shall appoint a three -deep order of succession of appropriate subordinate management staff to succeed to their position in the event that official is unavailable or unable to serve. The person who succeeds to each office under this provision shall assume all the powers and duties of the Ordinance No. NS-XXXX Page 41 of 44 11 A-41 office succeeded to immediately upon such succession. The succeeding person shall serve until the appointing official resumes his or her office or until a permanent successor is appointed under the applicable provisions of the City Charter or this Code. Sec. 2-648. - Enforcement. It shall be a misdemeanor for any person, during a proclaimed emergency, to: a. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this division, or in the performance of any duty imposed upon him/her by this division; b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to this division, if such act is of such a nature as to give, or be likely to give, assistance to an enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; c. Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the State of California or by the city. Secs. 2-649 - 2-699. - Reserved Section 3. The Santa Ana City Council. .Municipal Code Sections8 8Reserved, - GI sV l'Il10Yla M• •J Y• ni•s�a-•i•a- •••- •tea • • - • • - • • •• •• _ _ • • • _ • • - v • _ •• • _ • • - �I \lL:♦YI - Ordinance No. NS-XXXX 11 A-42 Page 42 of 44 Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of August, 2020. Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 43 of 44 11 A-43 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: iaww- Laura A. Rossini Acting Chief Assistant City Attorney 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 that the attached Ordinance No. NS-XXX 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: Daisy Gomez Clerk of the Council Ordinance No. NS-XXXX 11 A-44 Page 44 of 44 CLEAN VERSION LAR 9.1.20 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND SECTIONS 33-184 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. As part of a Charter modernization initiative, voters approved removal of certain provisions regarding the Personnel Board, Planning Commission, and Board of Parks and Recreation from the Charter. This amendment incorporates many of these provisions into the Santa Ana Municipal Code; B. Provisions regarding the City's Environmental and Transportation Advisory Committee were located in Chapter 33 of the Santa Ana Municipal Code instead of in Chapter 2 with the majority of the Boards, Commissions, and Committees. As part of this amendment, all Boards, Commissions and Committees will be located in Chapter 2; and C. The amendment makes other changes to modernize and streamline Articles I and IV of Chapter 2 of the Santa Ana Municipal Code including removing dated provisions and updating other portions of the Code. Section 2. The Santa Ana City Council hereby amends Chapter 2, Articles I and IV of the Santa Ana Municipal Code as follows: CHAPTER 2 - ADMINISTRATION ARTICLE I. - IN GENERAL Sec. 2-1. — Reserved. Sec. 2-2. - Confidential matters. (a) No city council member who obtains the private residential address, personal email address, or telephone number of any city officer or employee from city personnel records shall use such address or telephone number to advance the private interests of themselves or others, including, but not limited to, business or political purposes; provided, however, nothing herein shall be construed to prohibit city council members from mailing holiday or greeting cards, invitations to social Ordinance No. NS-XXXX Page 1 of 45 11 A-45 events or similar items to city officers or employees at their private residential addresses, regardless of the source of those addresses. (b) Any violation of this section shall be a misdemeanor. Sec. 2-3. - Peace officer standards and training —Desire to participate. The city declares that it desires to qualify to receive aid from the state under the provisions of chapter 1 of title 4, part 4 of the California Penal Code. Sec. 2-4. - Same —Adherence to standards. Pursuant to section 13522 of said chapter 1, the city, while receiving aid from the state pursuant to said chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. Sec. 2-5 - Corrections program standards and training. While receiving any state aid pursuant to article 2 (commencing with section 6040) of chapter 5 of title 7 of part III of the California Penal Code, the city will adhere to the standards for selection and training established by the board of corrections. Sec. 2-6. - Certain reserve police officers to have powers of regular police officer. (a) All reserve police officers of the City of Santa Ana who have been issued a Peace Officers Standards and Training Level I Reserve Officer Certificate prior to January 1, 1981, shall have the full powers of a peace officer, where the city manager, on the recommendation of the chief of police, has determined such reserve officer qualified to perform general law enforcement duties by reason of such reserve officers' training and experience. (b) This section retains in the chief of police the authority, control and command over the reserve police force and permits the adoption of rules and regulations limiting or designating the extent of authority of the various activities of the reserve officers. Secs. 2-7 - 2-99. - Reserved. ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS I�71969[�7►f�i7��[y�:�y Sec. 2-300. - City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; Ordinance No. NS-XXXX 11 A-46 Page 2 of 31 (4) Clerk of the council; (5) Assistant city manager; (6) Deputy city manager; (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of human resources; (13) Executive director of community development; (14) Executive director of planning and building safety; (15) Executive director of information technology; and (16) Executive director of library services. Sec. 2-300.4.- Reserved. Sec. 2-300.5. - Executive director of planning and building safety. All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the city, or in any document whatsoever that predates the effective date of this section, to the planning director, the building director, the director of building safety, and the director of planning and development service shall be deemed references to executive director of planning and building safety. Sec. 2-300.6. - Executive director of parks, recreation and community services All references in this code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of recreation and parks or to the executive director of recreation, parks and community services shall be deemed references to the executive director of parks, recreation and community services. Sec. 2-300.7. - Executive director of human resources. All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of personnel shall be deemed references to the executive director of human resources. Ordinance No. NS-XXXX Page 3 of 31 11 A-47 Sec. 2-300.8. - Executive director of finance and management services. 1. All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the director of finance shall be deemed references to the executive director of finance and management services. 2. To become eligible for the position of executive director of finance and management services, the person appointed by the City Manager shall be qualified to administer and direct an integrated department of finance, The executive director of finance and management services shall have the power to: a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such charges; d) Direct the settlement of claims, demands or other charges, including the issuance of warrants therefor; e) Direct the maintenance of accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require reports of the receipts and disbursements from each receiving and expending agency of the City government; to be made daily or at such intervals as he or she may deem expedient; f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the financial position of the City, and, as of the end of each fiscal year, submit a complete financial statement and report; g) Direct the administration of the license and business tax program of the City; Ordinance No. NS-XXXX 11 A-48 Page 4 of 31 h) Direct treasury administration for the City; including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office, department, or other agency of the City government; and deposit all funds received in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, by the City Manager, in compliance with the provisions of the state constitution and laws of the state governing the handling, depositing, and securing of public funds. i) Direct centralized purchasing and a property control system for the City government under the rules and regulations to be prescribed by ordinance. Secs. 2-301 — 2-303. — Reserved. Sec. 2-304. - Participation in real estate incentive programs. (a) No member of a board or commission, city officer or employee, who in the course of his or her duties is required to participate in the formulation of policies for, or implementation of, any city -sponsored real estate incentive program, shall be eligible to participate in, or directly or indirectly receive any benefits therefrom, except as set forth in subsection (c) hereof. (b) City -sponsored real estate incentive program, for purposes of this section, shall have the same meaning as set forth in section 2-109 of this chapter, as it exists now or as amended in the future. (c) The prohibitions set forth in this section shall be inapplicable where they are in conflict with state or federal law. Secs. 2-305-2-324. - Reserved. DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS Sec. 2-325. - Compensation for members of boards, commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Development and Housing Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board. Fifty dollars ($50.00) per meeting. (c) Planning Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. Ordinance No. NS-XXXX A Page 5 of 31 11 A-49 (d) Historic Resources Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Parks, Recreation and Community Services Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of fifty dollars ($50.00) per meeting. (h) Arts and Culture Commission. Each commission member shall receive a maximum compensation in the amount of $50.00 for attendance at one regular meeting per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been appropriated by the City Council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the City Council. Sec. 2-326. — Appointments, removals, vacancies, term a) Except as otherwise specified in the charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards and commissions having at least seven (7) members, the City Council shall select seven (7) members from nominations made by the council member (or mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, as determined by the City Council in accordance with subsection (e) below, together with nominations from any other member of the Council all other appointments shall be as determined by the charter, or by the City Council from time to time. At least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. At the request of a councilmember, this rule may be waived by a 2/3 vote for the City Council for any one appointment if the requesting member is unable to find a qualified and acceptable ward resident to nominate. For purposes of this rule, residency is only required at the time of nomination. b) Vacancies arising from whatever cause shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of the term, any appointment to fill such a vacancy shall be for the unexpired portion of Ordinance No. NS-XXXX 11 A-50 Page 6 of 31 such term. All terms shall begin on the same date as City Councilmember terms as provided in section 400 of the Charter. c) If a member of a board or commission absents himself or herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council. d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the City Council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a two (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms. Short or partial terms (as defined for City Council in Section 401 of the Charter) shall not be considered. Unless otherwise provided by ordinance of the City Council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the City Council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. (e) For boards and commissions with at least seven (7) members, the City Council shall designate six (6} board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 2-326. Ordinance No. NS-XXXX Page 7 of 31 11 A-51 Except for purposes of the fifty -percent (50%) nomination rule in subsection (a) above, residency in that ward is not required. Sec. 2-327. —Prohibition against serving as treasurer for campaign committee If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the City Council. No person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commission. Sec. 2-328. —Meetings; chairperson; recording secretary. The election of each chairperson and vice -chairperson shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairperson or vice -chair person, shall elect one of its members for the unexpired term. The chairperson shall have the responsibility for informing the City Council of board, commission, or committee actions or inactions and the reasons therefore. The City Manager or his or her designee shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with the charter, this code, and shall be filed with the Clerk of the Council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. Sec. 2-329. — Reserved. Sec. 2-330. —Personnel board -Membership. The personnel board shall consist of seven (7) members to be appointed by the City Council from the qualified electors of the City. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for period of one (1) year after he or she has Ordinance No. NS-XXXX 11 A-52 Page 8 of 31 ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City. Sec. 2-331.-Same-Powers and duties. The personnel board shall have power and be required to: a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the civil service rules and regulations; b) Consider matters that may be referred to it by the City Council or the City Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the City Council, or to both such authorities, as it may see fit; d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. Sec. 2-332. —Attendance of witnesses; oaths and affirmations. The personnel board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the personnel board shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. DIVISION 4.- PARKS. RECREATION AND COMMUNITY SERVICES COMMISSION Sec. 2-333. Parks, Recreation, and Community Services Commission —Membership. The members of the parks, recreation, and community services commission shall be appointed from the qualified electors for the City. Seven (7) members shall be appointed as required by section 2-326 of this code. Ordinance No. NS-XXXX Page 9 of 31 11 A-53 Sec. 2-334.-Same-Powers and duties. The parks, recreation and community services commission shall have the power and duty to: a) Act in an advisory capacity to the City Council in matters pertaining to the acquisition, capital improvements, rehabilitation and maintenance of parks and recreational, cultural, zoo and facilities; b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation, and Community Services Agency and make recommendations to the City Manager and/or City Council; c) Act in an advisory capacity to the City Council in recommending policies and/or legislation on all matters pertaining to parks, recreation and community services; d) Perform such other duties as may be directed by the City Council; e) Act in an advisory capacity and provide a recommendation to the City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for recreation and parks programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; and f) The commission shall report annually to the City Council on its goals and accomplishments. Sec. 2-335-2-349. Reserved. DIVISION 5 - PLANNING COMMISSION Sec. 2-350. - Establishment. There is created and established a planning commission for the city pursuant to Santa Ana city Charter section 900. Sec. 2-350.1 —Planning commission -Membership. The planning commission shall consist of seven (7) members to be appointed by the City Council from the qualified electors of the City, and no member of said commission shall hold any paid office or employment in City government. Sec. 2-350.2 —Planning commission- Powers and duties The planning commission shall have the power and be required to: a) Periodically review the City's General Plan; Ordinance No. NS-XXXX 11 A-54 Page 10 of 31 b) Make studies and plans for future civic land use, including use as public recreation facilities; c) Annually review the City's capital improvement program solely for consistency with the General Plan; d) Exercise such functions as to land subdivisions, zoning and other City planning as may be prescribed by ordinance; and e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the City Council or the City Manager, or to both such authorities, as it may see fit. Sec. 2-351. - Meetings. The planning commission shall meet at dates and times as set forth in its bylaws. Sec. 2-352. -Reserved. Sec. 2-353. - Committees. The chairperson of the planning commission shall appoint as needed such temporary or standing committees for the study, investigation and report of particular matters as may be helpful in carrying out the responsibilities of the commission. Sec. 2-354. - Reserved. Sec. 2-355. - Director's duties. It shall be the duty of the Executive Director of planning and building safety as chief administrative officer of the planning department of the city to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the planning commission in the furtherance of its transactions. In addition, the planning director shall report to the planning commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters relating to city planning. Sec. 2-356. - City administrative officials' duties. It shall be the duty of all officials of the city to furnish to the planning commission within a reasonable length of time any information available to such officials as may be requested by the commission and required by it for the effective carrying out of its responsibilities. Ordinance No. NS-XXXX Page 11 of 31 11 A-55 Sec. 2-357. - Submission of capital improvement plans. On or before the first day of March in each year each city officer, department, office, board, commission or other city agency whose functions include recommending, preparing plans for or constructing public capital improvements shall submit to the planning director, as the agent for the planning commission, a list of capital improvements proposed by such officer or agency for planning, initiation or construction during the ensuing fiscal year. Sec. 2-358. - Report to council on capital improvement schedule. On or before the fifteenth day of May of each year the planning commission shall submit a report to the city council which shall contain any revisions recommended by it in the capital improvement program, as required by section 2-357 of this Code, and shall also contain the comments and recommendations of the commission regarding the capital improvements proposed by the various officers and agencies of the city as provided for in section 2-357. Sec. 2-359. - Appeals from decisions of the building official. The planning commission shall also hear appeals from the decisions of the building official in accordance with section 8-4 of this Code. Sec. 2-360. —Attendance of witnesses; oaths and affirmations The planning commission, when hearing appeals from the decision of the building official, shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the planning commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. Secs. 2-361-2-369. - Reserved. DIVISION 6. - HISTORIC RESOURCES COMMISSION Sec. 2-370. - Establishment. There is created and established a historic resources commission for the city pursuant to and in accordance with the provisions of city Charter section 900. Sec. 2-371. - Members. The historic resources commission shall consist of nine (9) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. The remaining two (2) members shall be ex officio representatives from the planning commission and the community development commission, with one (1) member from each commission. Commission members should possess an expertise and experience in the disciplines of architecture, history, Ordinance No. NS-XXXX 11 A-56 Page 12 of 31 architectural history, planning or other historic preservation related disciplines, such as urban planning, to the extent that such professionals are available in the community. Sec. 2-372. - Meetings. The historic resources commission shall meet at dates and times specifically set out and established in the bylaws of the commission. Sec. 2-373. - Director's duties. It shall be the duty of the executive director of the planning and building safety , as chief administrative officer of the planning department of the city, to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the historic resources commission in the furtherance of its transactions. In addition, the executive director of the planning and building safety shall report to the historic resources commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters to historic preservation. Sec. 2-374. - Powers and duties. The historic resources commission shall have the following powers and duties: (a) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto; (b) Carry out those duties enumerated in chapter 30 of this Code regarding places of historical and architectural significance; (c) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; (d) Advise and make recommendations to the planning commission, city council and other city boards and commissions regarding historical projects and property; (e) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; (f) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the state Historic Building Code; (g) Recommend to the city council programs that confer recognition upon the owners of designated historic resources; (h) Encourage public understanding and involvement in historic and architectural heritage. Secs. 2-375-2-449. - Reserved. Ordinance No. NS-XXXX Page 13 of 31 11 A-57 DIVISION 7. —YOUTH COMMISSION Sec. 2-450. - Commission established; composition There is hereby created and established a youth commission for the City of Santa Ana, having such powers as set forth in this division. The youth commission shall consist of seven (7) regular members who shall be subject to appointment and removal pursuant to Section 2-326 of this Code. No member of the commission shall hold any paid office or be employed in the City government. Sec. 2-451. - Requirements of membership. Each member of the youth commission shall be a student enrolled and attending school in 7th through 12th grades, as well as a resident of the City of Santa Ana. Members shall consist of up to seven voting members, all residents of the City of Santa Ana. Should any member cease to reside within the City of Santa Ana, or cease to be a student enrolled and attending a school his/her office shall automatically be vacated. Sec. 2-452. - Director's duties It shall be the duty of executive director of the parks, recreation and community services agency, and/or his/her designee, to report to the youth commission all information and data available to him/her which can be of assistance to the deliberations of the commission and shall advise the commission on any issues on which they require assistance and/or guidance. Sec. 2-453. - Meetings. The youth commission shall meet at dates and times set forth in the bylaws. The bylaws shall be approved by the City Council. Sec. 2-454-2-455. Reserved Sec. 2-456. - Organization. The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. Sec. 2-457. - Responsibilities and duties of commission. The youth commission shall have the following responsibilities and duties: Ordinance No. NS-XXXX 11 A-58 Page 14 of 31 (a) Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; (b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council; (c) Act in an advisory capacity to the City Council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and (d) Perform such other duties as may be directed by the City Council. Secs. 2-458-2-549. - Reserved. DIVISION 8. - ARTS AND CULTURE COMMISSION Sec. 2-550. - Establishment. There shall be created, constituted and established a Santa Ana Arts and Culture Commission. Sec. 2-551. - Members. The arts and culture commission shall consist of seven (7) members. Members of the commission should be persons who are concerned about arts and cultural issues in the city and should be persons who have professional expertise or substantial volunteer involvement in the following areas: Visual, performing or literary arts; architecture, design or urban planning; education; history; science; film; or arts and cultural institution management. The commissioners shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. Sec. 2-552. — Meetings. The arts and culture commission shall meet on dates and times as established in the bylaws of the commission. Sec. 2-552.5 - Duties of the city manager. It shall be the duty of the city manager or his or her designee to provide staff support to the arts and culture commission and provide data, materials and resources which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters. Sec. 2-553. - Powers and duties. The arts and culture commission shall have the following powers and duties: (a) The commission shall act as an advisory body to the city manager and the city council and make recommendations regarding but not limited to: Ordinance No. NS-XXXX A Page 15 of 31 11 A-59 (1) Policies, priorities and plans for the development and improvement of arts and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies, in the greater Santa Ana area. (2) Coordinating with the private sector and other governmental agencies in promoting arts and cultural excellence as a tool for the encouragement of economic development, business relocation and tourism. (3) Organizing and promoting activities which celebrate the city and its unique cultural heritage. (4) Allocation and budgeting of funds for arts and cultural funding. (5) Payments for the design, execution and placement of public art projects, within established appropriations for the art projects. (6) Encouraging the use of local artists in city public art projects. (7) Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other city art acquisitions, gifts or extended loans of art. (8) Deaccessioning of artworks, when necessary. (b) The commission shall advocate for arts education, cultural diversity, and other initiatives that further the growth and sustainability of the arts and cultural community in Santa Ana area. (c) The commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of this division and as set forth in reports or recommendations adopted by the city council. (d) The commission shall consider matters referred to it by the city manager or the city council. DIVISION 9. - ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION Sec. 2-554. —Environmental and transportation advisory commission 1. On December 2, 1991, the city council created and established under city council Resolution No. 91-112 the environmental and transportation advisory committee for the City of Santa Ana. This body shall now be known as the environmental and transportation advisory commission (ETAC). The environmental and transportation advisory commission shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of section 2-326 of this code shall govern the appointment, removal and terms of the members of ETAC and the existence of vacancies on ETAC Membership in ETAC may include (1) member who shall be nominated by the Santa Ana Chamber of Commerce and approved by a majority of the City Council and one (1) member nominated by the Ordinance No. NS-XXXX 11 A-60 Page 16 of 31 Santa Ana Hispanic Chamber of Commerce and approved by the City Council within the nine (9) member limit. The members nominated by the Chambers need not be qualified electors of the city. Effective January 1, 2021, the members nominated by the Santa Ana Chamber of Commerce and the Hispanic Chamber of Commerce are limited to one, four (4) year term. 2. ETAC meetings and procedures shall be resolved and detailed in separately adopted by-laws. Sec. 2-555. —Same-Duties and responsibilities. 1. The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. The ETAC shall make recommendations on designated species for specific streets and neighborhoods. 2. ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. 3. ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matters of question coming within the scope of the urban forest. 4. The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. 5. The ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advice on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. Secs. 2-556-2-599. - Reserved. Ordinance No. NS-XXXX Page 17 of 31 11 A-61 DIVISION 10. - LIBRARY Sec. 2-600. - Established; use. A public library is established in the city for its inhabitants and nonresident taxpayers. The public library shall provide free basic library services, subject always to such ordinances and resolutions as may be made by the city council. Any person who violates any such ordinance or regulation may, in addition to any other penalty, be excluded from the privileges of the library. Sec. 2-601. - Reserved. Sec. 2-602. - Interfering with or disrupting library activities. Any person who comes into any public library or onto the library's immediate adjacent grounds, including but not limited to the patio and parking areas, and whose presence or acts interfere with the purpose and peaceful conduct of the activities of such library or disrupts the library or its facilities or its staff or its patrons or its activities is guilty of a misdemeanor if he or she remains there after being asked to leave the library by the library director or his or her designated representative. Secs. 2-603-2-607. - Reserved. Secs. 2-608 - 2-609. - Reserved. Secs. 2-610-2-615. - Reserved. DIVISION 11. - REDEVELOPMENT AGENCY Sec. 2-616. - Need for agency declared; agency authorized to function in city. It is hereby found and declared, pursuant to Section 33101 of the Community Redevelopment Law, that there is a need for the redevelopment agency created by Section 33100 of said law to function in the City of Santa Ana, and said agency is hereby authorized to transact business, and exercise its powers under the Community Redevelopment Law. Sec. 2-617. - Council designated redevelopment agency; rights, powers, duties, etc. The Council of the City of Santa Ana hereby declares itself to be the redevelopment agency, as provided in this division, and all rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in such agency shall be and are vested in this body. Sec. 2-618. - City fee payment deferral. (a) To the extent that the community redevelopment agency of the city has an obligation to pay city fees or charges (including development fees and Ordinance No. NS-XXXX 11 A-62 Page 18 of 31 administrative cost fees) for construction, demolition, or building site preparation work, the payment of such fees by the redevelopment agency, or by contractors performing such work, or by the subcontractors of such contractors, shall be deferred until such time as the city council may demand the payment thereof. The redevelopment agency shall be responsible for the eventual payment of all fees deferred pursuant to this section, including those which would otherwise have been paid by its contractors or their subcontractors. The redevelopment agency's obligations under this section shall constitute an indebtedness of the redevelopment agency to the city. (b) For purposes of this section, the redevelopment agency shall be deemed to have the obligation to pay city fees and charges for construction, demolition or site preparation work in private property only to the extent that the redevelopment agency has assumed such obligation in an agreement with a private developer for the development of such property. Sec. 2-619. — Successor Agency and Successor Housing Agency. Per ABx1 26, all redevelopment agencies in California were effectively dissolved as of and on February 1, 2012. Pursuant to Health and Safety Code section 34173, the city elected to serve as the Successor Agency for the Community Redevelopment Agency, and selected the Housing Authority to act as the Successor Housing Agency. Sec. 2-620. - Reserved. DIVISION 12. - COMMUNITY DEVELOPMENT COMMISSION Sec. 2-621. - Commission created; composition. There is hereby created the community development commission, originally named the community redevelopment and housing commission, consisting of seven (7) members, except as otherwise provided in section 2-626. The community development commission shall serve both in the capacity of a community redevelopment commission pursuant to Sections 33201 and 33202 of the Health and Safety Code of the State of California and in the capacity of a housing commission pursuant to Sections 34291 and 34292 of said Health and Safety Code. Sec. 2-622. - Appointment, removal of members; filling of vacancies. The members of the community development commission shall be appointed and may be removed and vacancies filled, as provided in section 2-326 of this Code. Sec. 2-623. - Term of members. The terms of the members of the community development commission shall be in accordance with section 2-326 of this Code, except as otherwise provided in section 2- 626. Ordinance No. NS-XXXX Page 19 of 31 11 A-63 Sec. 2-624. - Commission members prohibited from acquiring interest in property included within project areas. No member of the community development commission shall acquire any interest in any property included within any project area undertaken by the community redevelopment agency. Sec. 2-625. - Members to disclose financial interest in property included within project area. Each member of the community development commission who owns or has any direct or indirect financial interest in any property included within a project area as designated by the community redevelopment agency, shall immediately make a written disclosure of it to the city council. Sec. 2-626. - Tenant commissioners. Two (2) tenant commissioners shall serve on the community development commission at such times as that commission is acting in the capacity of a housing commission, and at such times the number of members of that commission shall be increased to nine (9). The tenant commissioners shall serve for terms of two (2) years, from the date of their appointments, and their successors shall be tenants. Successors of tenant commissioners shall be appointed for a term of two (2) years. If a tenant commissioner ceases to be a tenant, he or she shall be disqualified as a commissioner and another tenant shall be appointed to fill the unexpired term. Sec. 2-627. - Prohibited interest of commissioner. (a) No member of the community development commission shall acquire any direct or indirect interest in any housing project or any property included or planned to be included in any project, nor shall (s)he have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If (s)he owns or controls a direct or indirect interest in any such property, (s)he shall immediately make a written disclosure of it to the housing authority and such disclosure shall be entered upon its minutes. Failure so to disclose his/her interest constitutes misconduct in office. (b) Nothing contained in this section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the housing authority from serving on the community development commission, provided that the fact of such tenancy is disclosed to the housing authority in writing and entered upon its minutes immediately upon assuming office; nor shall any provisions of this section be construed as in any manner prohibiting the right of such tenant commissioner to exercise his full powers vested in his/her office. Secs. 2-628 - 2-629. - Reserved. Ordinance No. NS-XXXX 11 A-64 Page 20 of 31 DIVISION 13. - INDUSTRIAL DEVELOPMENT AUTHORITY Sec. 2-630. - Purposes. The California Industrial Development Financing Act, as set forth in Title 10 (commencing with Section 91500) of the Government Code of the State of California, has established an industrial development authority of this city for the achievement of specified public purposes. The public purposes are the increasing of opportunities for useful employment or otherwise contributing to economic development. The need for the establishment of an industrial development authority in the achievement of such purposes is based upon findings that industry requires the new and alternative method of capital finance that such authorities can provide in order for it to undertake the acquisition, construction or rehabilitation of facilities the use of which will serve those public purposes. Sec. 2-631. - Findings. There is a need in the City of Santa Ana for the acquisition, construction or rehabilitation of facilities for the use of industry which will increase employment opportunities or otherwise contribute to economic development, and further, the new and alternative method of capital finance that industrial development authorities can provide will aid in satisfying that need. Sec. 2-632. - Declarations. (a) Need. There is a need in the City of Santa Ana for an industrial development authority to provide industry with an alternative and additional method of finance in accordance with state policy as set forth in the California Industrial Development Financing Act. (b) Organization. The industrial development authority of this city established by the California Industrial Development Financing Act is hereby declared organized and shall function under the name "Industrial Development Authority of the City of Santa Ana," and be authorized to transact business and exercise of all of the powers and other authority conferred upon industrial development authorities by such act. Sec. 2-633. - Board of directors. The city council of the City of Santa Ana is declared to be, ex officio, the board of directors of the industrial development authority of the City of Santa Ana. Sec. 2-634. - Meetings. The time, place and manner of the regular meetings of the board of directors of the industrial development authority of the City of Santa Ana shall be established by bylaws adopted by such board. Secs. 2-635-2-640. - Reserved. Ordinance No. NS-XXXX Page 21 of 31 11 A-65 DIVISION 14. - HOUSING AUTHORITY Sec. 2-641. - Council designated housing authority. The city council hereby declares itself to be the housing authority pursuant to Section 34290 of the California Health and Safety Code, and all rights, powers, duties, privileges and immunities vested by the Housing Authorities Law in such authority shall be and are vested in said body. DIVISION 15- EMERGENCY SERVICES Sec. 2-642. - Purposes. The purposes of this division are to establish the emergency organization of the city; to provide for coordination of the emergency functions of the city with all other public agencies, organizations, businesses and private persons; and to provide for the preparation and implementation of emergency plans and procedures; all for the protection of persons and property in the event of a large scale emergency or disaster. Sec. 2-643. - Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Emergency or local emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of emergency — Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency", which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden Ordinance No. NS-XXXX 11 A-66 Page 22 of 31 and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of war emergency — Means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. Emergency services/emergency operations/emergency management — Used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused. Director or director of emergency services — Means the individual having primary jurisdiction and authority over the city's response and recovery to emergencies and disasters and is authorized to act on behalf of the city. Sec. 2-644. - Emergency organization A. City organization. All officers and employees of the city, together with those volunteer forces enrolled to aid them in an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of this title, charged with duties incident to the protection of persons and property in this city during such emergency, shall constitute the emergency organization of the city. B. Disaster service workers. Pursuant to California Government Code Sections 3100 to 3109, all public employees are declared to be disaster service workers under law, and are subject to such disaster service activities as may be assigned by their superiors or by law, which may include assisting any unit of the emergency organization or performing any act contributing to the protection of life or property or mitigating the effects of an emergency or disaster. Private persons who register as emergency volunteers of the city are also deemed disaster service workers of the city. The city police department and the city personnel department shall develop policies and procedures for the registration, training and standards for employee and volunteer disaster service workers. C. Director of emergency services Director, deputy director and line of succession. There is hereby created the position of director of emergency services, who shall have full authority over the operations and resources of the city during a proclaimed emergency, and this position shall be filled by the city manager. There is also created the position of deputy director of emergency services, which shall be filled by the chief of police. In the absence or the inability to act of the city manager, he/she shall automatically be succeeded as director of emergency services by the following officials in the order named: Ordinance No. NS-XXXX Page 23 of 31 11 A-67 Deputy director of emergency services/chief of police. 2. Assistant city manager 3. Deputy city manager. 4. Director of public works. 5. Director of finance and management services. 6. Director of planning and building. Additionally, the city manager may designate a specific official to act as director of emergency services based upon the circumstances of a specific emergency event. An official designated as director may appoint a subordinate with command or management authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. Director of emergency services —Powers and duties. The director of emergency services is empowered to: 1. In accordance with the provisions of Section 2-646A, request the city council to proclaim the existence or threatened existence of a local emergency, if the city council is in session; or to issue such proclamation if the city council is not in session, 2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does so), 3. Control and direct the efforts of the emergency organization of the city for the accomplishment of the purposes of this division, 4. Direct cooperation between, and coordination of, the services and staff of the emergency organization of the city, and to resolve questions of authority and responsibility that may arise among them, 5. In the event of the proclamation of a local emergency as provided herein, or the proclamation of a state of emergency by the governor or the director of the governor's office of emergency services, or the existence of a state of war emergency, the director is hereby empowered to: a. Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency; or to suspend rules, regulations, orders or directives; provided such rules and regulations or suspensions are confirmed by the city council at the earliest practicable time, b. Requisition necessary personnel or material of any city department or agency, c. Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the Ordinance No. NS-XXXX 11 A-68 Page 24 of 31 city for the fair value thereof and, if required immediately, to commandeer the same for public use, d. Require emergency service of any city officer or employee, and to command the aid of the citizens of this community, e. Execute all of the ordinary powers and duties as city manager, all special powers and duties conferred upon the city manager by this division and by the emergency operations plan adopted pursuant hereto, all powers and duties conferred upon him/her by any statute, agreement or other lawful authority, and in conformity with Section 38791 of the California Government Code, to exercise complete authority over the city and to exercise all police powers vested in the city by the constitution and general laws. 3. Deputy director of emergency services —Powers and duties. The deputy director of emergency services/chief of police is empowered, under the supervision of the director, to: Represent the city in all dealings with public and private agencies on matters pertaining to any emergency as defined by this division, 2. Develop the emergency plans and manage the emergency programs of this city, 3. Appoint and oversee an emergency operations coordinator in accordance with, and to further execute, the provisions of this division, 4. Carry out any other powers or duties as may be assigned by the director. D. City council —Powers and duties. The city council is empowered to: 1. Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies or disasters, 2. In accordance with the provisions of Section 2-646A, proclaim the existence or threatened existence of a local emergency, if in session; or to ratify such proclamation made by the director if not in session, 3. During a local emergency, pursuant to Section 415 of the Charter, city council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City council may review rules, regulations, orders or directives or suspensions thereof issued by the director pursuant to subsection C.2. E. Emergency operations coordinator. There is created the position of emergency operations coordinator, which shall reside in the city police department under the supervision of the deputy director of emergency services/chief of police or his/her designee. The emergency operations coordinator shall: 1. Coordinate all city activities related to emergency preparedness, prevention, mitigation, response and recovery; Ordinance No. NS-XXXX A Page 25 of 31 11 A-69 2. Facilitate emergency and disaster planning for the city, encompassing governmental entities and resources, commercial and industrial resources, and private or non -governmental organizations necessary to support disaster operations; 3. Prepare and maintain the emergency operations plan for the city, and facilitate with city departments the preparation and maintenance of standard operating procedures and guidelines necessary to support disaster operations; 4. Prepare and maintain city supplies and facilities that support disaster operations; 5. Develop and coordinate emergency training and exercise programs as may be required for city staff, and an emergency preparedness community education program; 6. Coordinate emergency planning and interagency coordination with other local, state and federal agencies and with private or other disaster relief organizations; and serve as the city's representative member of regional emergency planning and interagency coordination committees and planning groups; 7. Recommend to the director of emergency services for referral to the city council matters of policy related to disaster planning or preparedness; 8. Recommend to the director of emergency services for referral to the emergency operations advisory board matters for consideration within the purview of their responsibilities. F. Emergency operations advisory board. 1. Emergency operations advisory board members. The city emergency operations advisory board shall be composed of: 1. Director of emergency services/city manager, who shall be chair, 2. Deputy director of emergency services/chief of police, who shall be vice chair, 3. Executive managers named in the director of emergency services line of succession in subsection CA.: a. Assistant city manager, b. Deputy city manager, c. Director of public works, d. Director of finance and management, e. Director of planning and building, 4. Orange County Fire Authority Division 6 Chief, 5. City attorney, who shall serve as legal advisor to the emergency operations advisory board, Ordinance No. NS-XXXX 11 A-70 Page 26 of 31 6. City clerk, who shall serve as secretary to the emergency operations advisory board, 7. Any other department directors or staff requested by the director of emergency services, and 8. Emergency operations coordinator, to serve as staff to the emergency operations advisory board. 2. Emergency operations advisory board —Powers and duties. It shall be the responsibility of the city emergency operations advisory board, and it is empowered to, review and recommend for adoption by the city council emergency plans, policies and agreements, and such ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; to oversee the planning and preparedness activities of all city departments; to oversee the training of all city staff and employees; and to oversee the training and activities of volunteer programs of the city related to disaster roles and functions. The emergency operations advisory board as a body serves in a pre -disaster planning and preparedness role and as such body may not have a direct role in disaster response or recovery activities. 3. Emergency operations advisory board meetings. The emergency operations advisory board shall meet quarterly; and additionally as necessary upon the call of the chair, or in his/her absence from the city or inability, upon call of the vice - chair. G. Emergency operations committee. The emergency operations committee is created as a standing and working sub -committee to the emergency operations advisory board. The emergency operations committee is composed of the emergency operations coordinator, who shall be chair, and managers or management staff from each city department appointed by the department director and who shall be able to speak on behalf of their department. The emergency operations committee will provide operational direction for implementation of programs and activities established by the emergency operations advisory board, develop and maintain city emergency plans and procedures, coordinate training and exercise programs for each city department and for the city as a whole, and shall constitute a core of emergency operations center staff. The emergency operations committee shall meet monthly and additionally at the direction of the emergency operations advisory board or upon call of the emergency operations coordinator. H. Adoption of collaborative systems and standards. The city recognizes that a large- scale emergency or disaster may have the potential to overwhelm the commonly available resources and capabilities of the city and may require the combined response of numerous agencies, jurisdictions and levels of government. Therefore, the city participates in the Orange County Operational Area response and recovery organization as provided by California Emergency Services Act Section 8605 and is a signatory to the Orange County Operational Area Agreement. The city adopts the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS) as a basis for emergency plans and response. The framework of these systems includes use of the Incident Command Ordinance No. NS-XXXX Page 27 of 31 11 A-71 System (ICS), multi -agency and interagency coordination, participation in the Master Mutual Aid Agreement and Systems of the State of California, and the Operational Area concept. The city will comply with the provisions of the California Emergency Services Act. Sec. 2-645. - Emergency operations plan. The emergency operations committee shall be responsible for the development and maintenance of the city emergency operations plan (EOP) and related annexes or manuals. The EOP shall provide for the effective mobilization of all the resources of the city, both public and private, to meet any condition constituting a local emergency, and shall provide for the organization, duties and functions, and procedures and capabilities of the city's response to the emergency. Each city department will supplement the EOP with those standard operating procedures necessary to fulfill their role in an emergency under the EOP. The EOP shall comply with the principles of the Orange County Operational Area Agreement, the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS). The emergency operations advisory board shall be responsible to review and recommend adoption of the EOP to city council, and to implement the requirements of the plan once adopted. City council shall review and adopt the plan by resolution as a policy of the city. Once adopted, the plan shall be mandatory upon city departments and agencies, employees and registered volunteer emergency workers and shall have the effect of law whenever an emergency has been proclaimed as provided in this division. Sec. 2-646. - Emergency proclamations and measures A. Proclamations of local emergency. A local emergency, as defined by section 2-643 and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its magnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the city. The director of emergency services may request the city council to proclaim the existence of a local emergency, if the city council is in session, or may issue such proclamation if the city council is not in session. Such proclamation must be made within ten (10) days of the occurrence of the disaster or emergency. Whenever a local emergency is proclaimed by the director, the city council must, within seven (7) days from the date of the original proclamation by the director, approve a resolution ratifying the proclamation, or allow the proclamation to expire. City council shall review the need for continuing the local emergency at least once every thirty (30) days and shall terminate the emergency or allow it to expire at the earliest possible date that conditions warrant. During a local emergency, the city council or the director of emergency services may promulgate ordinances, orders or regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within Ordinance No. NS-XXXX 11 A-72 Page 28 of 31 designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. The city council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Upon termination of the local emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect. B. Initial emergency measures. All emergency measures taken by the director of emergency services prior to the issuance of an official proclamation of emergency, or prior to any decision by the city council not to issue such proclamation, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city and shall be legal and binding on the city. The director of emergency services shall be immune from any form of liability for all emergency measures taken pursuant to an official proclamation of emergency made by the director prior to a decision by the city council, even if the city council later decides not to ratify the director's proclamation of emergency. C. Emergency expenditures. Any expenditure made in connection with emergency activities under this division, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. The director of emergency services, during a proclaimed emergency, shall have the authority to approve contracts and waive normal purchasing requirements as necessary to support the emergency response under this division and to protect the life and property of the residents of the city. The director shall have the authority to enter contracts or make purchases for any supplies, materials, equipment or services when any such item is immediately necessary for the continued operation of city government, for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, provided there is a present, immediate and existing emergency. The finance director shall maintain a detailed accounting of all expenditures made under this provision and shall submit upon termination of the emergency, a detailed report to the city manager, who in turn shall provide the report to the city council. Sec. 2-647. - Continuity of government. Disasters or large-scale emergencies may result in conditions causing the absence or unavailability of officers or officials of the city. The preservation and continued functioning of local government is of utmost concern in these circumstances. The city will take these minimum precautions to provide for the continuance of essential government services during times of emergencies: A. City council. If, during a local emergency, state of emergency or state of war emergency that has been proclaimed or exists under the provisions of the emergency services act, it has been determined that a majority of the city council seats have become temporarily or permanently vacant and a regular quorum no longer exists, the powers and authority of the city council, except for Ordinance No. NS-XXXX Page 29 of 31 11 A-73 those duties prescribed to the city council in Article IV, section 403 of the City Charter, shall vest with the director of emergency services until a quorum of the regularly elected city council members is present, or until a sufficient number of vacancies that are determined to be permanent are filled under the provisions of Article IV, Section 403 of the City Charter. B. Executive management lines of succession. For the purposes of this division, department directors shall appoint a three -deep order of succession of appropriate subordinate management staff to succeed to their position in the event that official is unavailable or unable to serve. The person who succeeds to each office under this provision shall assume all the powers and duties of the office succeeded to immediately upon such succession. The succeeding person shall serve until the appointing official resumes his or her office or until a permanent successor is appointed under the applicable provisions of the City Charter or this Code. Sec. 2-648. - Enforcement. It shall be a misdemeanor for any person, during a proclaimed emergency, to: a. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this division, or in the performance of any duty imposed upon him/her by this division; b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to this division, if such act is of such a nature as to give, or be likely to give, assistance to an enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; c. Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the State of California or by the city. Secs. 2-649 — 2-699. — Reserved. Section 3. The Santa Ana City Council hereby repeals Santa Ana Municipal Code Sections 33-183 and 33-184 in their entirety: Sec. 33-183.- Reserved. Sec. 33-184.- Reserved. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX 11 A-74 Page 30 of 31 Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of September, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ByXCW� A R Laura A. Rossini Acting Chief Assistant City Attorney 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 that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on September , 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS-XXXX Page 31 of 31 Daisy Gomez Clerk of the Council 11 A-75 FIRST READING ORDINANCE PRESENTED AT AUGUST 18, 2020 CITY ORDINANCE NO. NS-XXXX COUNCIL MEETING AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 8, ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER RESPONSIBILITIES, AS WELL AS ADDITIONAL ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING FOR MONITORING PROGRAM BY CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Ana and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and B. Vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and C. Property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and D. A number of historically significant properties have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and E. The Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and F. The City Council desires to amend the City's Code in order to provide additional tools for staff to aggressively enforce the City's registration and maintenance program, requiring the posting of bonds by property owners and installation of fencing on all vacant properties; and G. The City Council finds that the implementation of the following changes and additions Ordinance No. NS-XXXX Page 1 of 16 11 B-1 will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership and lack of compliance with City regulations and laws. SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed after this ordinance is adopted. SECTION 3. Division 3, Article X, of Chapter 8 of the Santa Ana Municipal Code is hereby amended and restated such that it reads as follows: DIVISION 3. - REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES Sec.8-1982. Purpose. It is the intent of the city council, through the adoption of this division, to establish a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, defaulted and/or vacant properties; to establish a property registration program for such properties, and to set forth guidelines for the maintenance of such properties. Sec. 8-1983. Definitions. For the purpose of this division the following terms, phrases and words, shall have the meaning set forth below: "Abandoned" means any real property that ism) vacant or shows evidence of vacancy, aa4 (4-2) is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or (2-�) is the subject of a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or (3-4) was conveyed to the current owner under a deed in lieu of foreclosure/sale. "Abatement order" means a notice of violation, notice and order, or administrative citation. As used in this chapter, the terms "abate" and "abatement" means action to repair, replace, remove, destroy, terminate, or otherwise remedy the condition or activity in question by such means and in such manner as is necessary in the interests of the health, safety or welfare of the public. (Section 17-4) "Accessible property" means real property that is accessible to the public, either, in general or through an open and unsecured door, window, gate fence, wall, etc. "Accessible structure" means a building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior. "Administrative penalty payment due date" means the date that is the 1 Oth day after the issuance of an abatement order, a notice of violation issued pursuant to section 1- Ordinance No. NS-XXXX Page 2 of 16 11 B-2 21.7(1). "Agreement" means any written instrument that transfers or conveys title to residential or commercial feat property from one owner to another after a sale, trade, transfer or exchange. "Beneficiary" means a lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust. "Boarded building" means a vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of Preventing entry into the vacant building by persons or animals. "Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's Code or applicable specific plan. "Buyer" means any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an agreement. "Chief Building Official" or "building official" means Building Safety Manager, Code Enforcement Manager, or their designees. "Commercial Property" means any improved real property, or portion thereof, designed or permitted to be used for commercial non-residential purposes, including buildings and structures located on such improved real property. This includes any real Property being offered under any circumstances for sale, trade, transfer, or exchange as "commercial." whether or not said property is legally permitted and zoned for such use. "Dangerous building" means any building or structure reasonably deemed by authorized city staff to represent a violation of any provision specified in the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code, or California Health and Safety Code section 17920.3. "Days" means calendar days. "Deed of trust" means an instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, as security for a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust; i.e., 2nd trust deed, 3rd trust deed, etc. "Deed in lieu of foreclosure" means a recorded instrument that transfers ownership of property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Ordinance No. NS-XXXX Page 3 of 16 11 B-3 "Default" means the material breach of, or failure to fulfill, a legal or contractual duty arising from or relating to a deed of trust. "Distressed" means any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy. "Enforcement official" means the city manager, the building official, and/or any employee or agent of the city designated and/or charged with enforcing this Code, including but not limited to applicable codes adopted by reference therein. "Evidence of vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, public notice of default, a deed -in -lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non -related bona fide purchaser in an arm's length transaction to satisfy the debt or lien. "Historical/historic Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure designated as having historical or architectural importance by inclusion in the city register of historical properties pursuant to Chapter 30 of the Santa Ana Municipal Code. "Industrial Property" means any improved real property, or portion thereof, designed or permitted to be used for industrial non-residential purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "industrial," whether or not said property is legally permitted and zoned for such use. "Local" means within forty (40) driving miles of the subject building, structure or real property. Ordinance No. NS-XXXX Page 4 of 16 11 B-4 "Neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered. "Notice of default" means a recorded instrument that reflects and provides notice that a default has occurred under a deed of trust, and that the beneficiary intends to proceed with a trustee's sale. "Notice of trustee's sale" means a document prepared and recorded by the trustee that sets forth the day, date and time of the trustee's sale, describes the property to be sold, and gives an estimate for the unpaid debt on the deed of trust secured by the property. "Out of area" means in excess of forty (40) road or driving miles of the subject building, structure or real property. "Owner" means any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property. "Owner of record" means any person shown as the owner of land on the last equalized assessment roll produced by the Orange County Recorder's Office. "Property" means any unimproved or improved real property designed or permitted to be used for commercial, industrial, residential or dwelling purposes, or portion thereof, including but not limited to building or structures located on said real property, regardless of condition. "Registrable property" means any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee or trustee, is subject to an application for a tax deed or pending tax assessor's lien sale, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. "Registrable property" shall also refer to vacant property, whether residential, commercial, industrial or historic, subject to the property registration guidelines discussed below. The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non -related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured. "Residential building" means any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use. Ordinance No. NS-XXXX Page 5 of 16 11 B-5 "Secure" means such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining/pad locking gates, the repairing or boarding of doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development. "Tax assessor's lien sale" means the sale, conducted by the Assessor of Orange County, of tax liens for delinquent taxes on the property. "Trustee" means any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property for the benefit of the beneficiary. "Trustor" means any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/borrower. "Vacancy/vacant" means any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy. "Vacant building" means a building where at least thirty-five (35%) percent of the total floor area within the building is not occupied. "Vacant shopping center/industrial complex" means a shopping center or industrial complex on a single property containing one or more buildings where fifty (50%) percent of the gross leasable area is not occupied. Sec. 8-1984. - Duty to record instrument for property transfer. In order to ensure proper noticing regarding registration of abandoned, defaulted and/or vacant properties pursuant to this Article, within ten (10) days of a property transaction involving a change in the identity of an owner or the owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by such residential, industrial or commercial property, each beneficiary and trustee engaged in said transaction or transfer/assignment shall record, with the Orange County Recorder's Office, an instrument evidencing such transaction, transfer or assignment. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 8-1985. - Registration. A. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property that is security for the Ordinance No. NS-XXXX Page 6 of 16 11 B-6 deed of trust upon default by the trustor prior to recording a notice of default or similar instrument with the Orange County Recorder's Office, and must comply with Civil Code section 2923.5, as amended from time to time. B. If such inspection shows that the property is vacant or abandoned, the owner, beneficiary or trustee shall, within ten (10) days of the inspection, register the property with the city's code enforcement division on forms provided by the city. C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until: 1.The trustor or another party remedies the default; or 2.The property is found to be vacant or shows evidence of vacancy, deemed abandoned and registered subject to subsection B. D. The registration required pursuant to subsection B. shall contain the identity of the beneficiary and trustee, the direct mailing address (no postal box address), email address and phone number of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question. E. The registration pursuant to subsection B. shall be renewed annually. F. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure. G. Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this division as long as they remain vacant and/or abandoned. H. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the city's code enforcement division of any change of information contained in the registration within ten (10) days of the change. I. If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this article and within five (5) days of the transfer must register the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration. J. If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this article and within five (5) days of the transfer must register Ordinance No. NS-XXXX Page 7 of 16 11 B-7 the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration. K. As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration. Mortgagees who have existing registerable property on the effective date of the ordinance from which this section is derived have thirty (30) calendar days from the effective date to register the property with the City, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. Sec. 8-1986. Maintenance Requirements. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any vacant or abandoned property to cause, permit, or maintain any property condition contrary to any provision of this chapter. The following maintenance standards shall apply to any registrable property, including vacant or abandoned properties subject to registration under this Division: A. Any registrable property shall be maintained in compliance with the requirements of this chapter and Code Chapters 16, Chapter 41, the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code and California Health and Safety Code section 17920.3. B. Registrable property shall be kept free of weeds, dry brush, dead vegetation, excessive foliage growth, trash, junk, debris, building materials, any accumulation of newspaper, circular flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. C. Registrable property shall be maintained free of graffiti, tagging or similar marking in accordance with Article IV of Chapter 10 of this Code. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure. D. Visible front and side yards shall be landscaped and maintained to the neighborhood standard. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation and standards listed in section 41-609 "Landscape," and abide by the planning and public works division landscape standards. Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor -outdoor carpet or any similar material. Ordinance No. NS-XXXX Page 8 of 16 11 B-8 E. Pools and spas shall be kept in working order so that water remains clear and free of pollutants, mosquito larvae, and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements set forth in Article XIII of this chapter and minimum state standards, whichever is more restrictive. F. Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants, conditions and restrictions and/or homeowner's association rules and regulations which may apply to the property. G. An enforcement official may allow exceptions to the maintenance standards set forth in this section for registrable property that is under construction and/or repair, that is diligently pursued for at least three (3) business days per week, and is undertaken in compliance with all applicable laws including but not limited to city permitting requirements. H. No person. firm. partnership. corporation or other entitv shall allow a residential commercial, historical, or industrial building designed for human use or occupancy to stand vacant for more than forty-five (45) days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the chief building official that one of the following applies: (1) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation: (2) The building meets all applicable codes, is actively maintained in accordance with all city ordinances, is ready for occupancy, and is actively being offered for sale, lease, or rent. The owner of anv boarded buildina. whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within ninety (90) days afterthe building is boarded and shall comply with the provisions of subsections A through H of this section, as well as all other provisions of the City Code. J. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter to cause, permit, or maintain such building or property in violation of subsections A through I of this section. K. Within thirty (30) days after a property becomes a vacant building as defined herein, the owner of a vacant residential, commercial, historical, or industrial building shall cause said building to be registered as a vacant building pursuant to the provisions of section 8-1985 of this chapter and shall pay the registration fee required per section 8-1989. Further, the owner of said vacant building shall comply with all applicable provisions of this Code with respect to property maintenance, nuisance abatement, local property management requirements and monitoring. Ordinance No. NS-XXXX Page 9 of 16 11 B-9 Sec. 8-1987. Security Requirements. A. Abandoned and vacant properties shall be secured so as not to be accessible to unauthorized persons. B. Securing of vacant or abandoned property includes but is not limited to closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means re -glazing or boarding the window. If deemed necessary by the Code Enforcement Manager, securing of vacant or abandoned property may require the provision of security guard services. Such services shall be of sufficient duration and frequency to ensure that the property remains secure and no unauthorized persons may gain entry. C. If the vacant or abandoned property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the abandoned property is maintained in accordance with the requirements of this section, and any other applicable laws. D. The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than 18" x 24", shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)." E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily subject to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials. F. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this division. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance. G. The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents. Ordinance No. NS-XXXX Page 10 of 16 11 B-10 H. Bonding and Fencing Requirements for Vacant Buildings. (1) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter the owner, beneficiary or trustee, shall post with the city a bond or similar security in an amount equal to three (3) months estimated costs of blight prevention and security activities, as estimated by the Chief Building Official or Code Enforcement Manager. (2) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter, the owner, beneficiary or trustee shall cause to be installed a minimum six foot (6) high chain -link fence adjacent to the property boundaries, or other alternative fencing acceptable to the Chief Building Official or Code Enforcement Manager that is adequate to protect the public health, safety and welfare, unless the City officials determine that the installation of such fencing will be detrimental to the public safety and welfare. Any fencing required under this section may additionally require screening if deemed necessary in order to protect the safety, streetscape and overall appearance of the site. The Chief Building Official and Code Enforcement Manager may promulgate additional fencing standards for vacant properties consistent with this section. Sec. 8-1988. Additional authority; Monitoring Program. A. In addition to the enforcement remedies established in this division, the city shall have the authority to require the beneficiary, trustee, owner or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on - site inspection frequency, employment of an on -site security guard or other measures as may be reasonably required to secure and reduce the visual decline of the property. B. Property Monitoring Program and Procedures. (1) Purpose. Vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner of the building fails to maintain and manage the building. Vacant buildings often attract squatters and criminals, including drug users. Use of vacant buildings by squatters and criminals creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for Munk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up and other long-term vacancies discourage economic development and retard appreciation of property values. In order to combat these issues, the focus of the monitoring program shall be: (a) To identify buildings that become vacant; (b) To order vacant buildings that are open and accessible to be secured against unlawful entry pursuant to City codes, Ordinance No. NS-XXXX Page 11 of 16 11B-11 including the building code, or other applicable law: (c) To initiate proceedings against the owner of any vacant building found to be substandard as defined in this chapter or a nuisance under any other provision of this code: and (d) To maintain surveillance over vacant buildings so that timely enforcement proceedings are commenced in the event a building becomes substandard or a nuisance. (2) Authority. The Chief Building Official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city. The program shall be documented and regularly updated. The program shall be available for public review. (3) Fee Imposed. There is imposed upon every owner of a vacant building monitored pursuant to this chapter, an annual vacant building monitoring fee in an initial amount as the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or non- residential, which: (a) Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city: or (b) Is vacant for more than ninety (90) days for any reason. 4) Fee Waiver. The vacant buildina monitorina fee shall be waived upon a showing by the owner that: (a) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy: or (b) The building meets all applicable codes and is actively being offered for sale, lease, or rent: or (c) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (5) Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the Orange County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (4) of this section by submitting a written statement of the grounds for the waiver to the Chief Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Chief Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Chief Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision. (6) Appeal. Any owner aggrieved by the decision of the Chief Building Official relating to an application for waiver may appeal the decision pursuant to section 8-1991 within fifteen (15) days of the mailing of the decision. Ordinance No. NS-XXXX Page 12 of 16 11 B-12 (7) Non-payment of fees — special assessment. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Chief Building Official or appellate hearing officer, they may then be declared a special assessment against that parcel as provided in California Government Code section 28773.5. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (8) Non-payment of fees — lien. Alternatively, if the fee is not paid within sixty (60) days, the city manager may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. Sec. 8-1989. - Fees. An annual non-refundable foreclosed, vacant and/or abandoned property registration fee shall be paid to city at the time of registration, annually thereafter on January 1 st each year and must be received no later than January 31 of the year due. If the foreclosed, vacant and/or abandoned property is sold or transferred within a calendar year to a new bank/owner it will need to register the foreclosed, vacant and/or abandoned property; the annual fee is not transferrable. The fee for registering and re -registering a foreclosed, vacant and/or abandoned property shall be set, from time to time, by resolution of the city council. The amount of the fee shall not exceed the cost of administering the provisions of this chapter. Additional hourly inspection fees as set forth in the city's miscellaneous fee resolution may be levied on a property for staff time to inspect and enforce the provision of this Code when a complaint has been filed on a property subject to this article. Sec. 8-1990. - Enforcement. A. Any violation of this division shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any abandoned property and causes, permits, or maintains a violation of the chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, may be punished as provided in section 1-8. C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to this Code. As an alternative to the violation and penalty specified in this section, the city attorney or enforcement official may pursue any other right or remedy permitted by this Code, including, Ordinance No. NS-XXXX Page 13 of 16 11 B-13 but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to sections 1-21 through 1-21.9. D. If an enforcement officer determines that the owner of abandoned property has failed to maintain that property as obligated under California Civil Code Section 2929.3 and in accordance with this chapter, the city may impose a civil fine against the owner of up to one thousand dollars ($1,000.00) per day, or an amount set by the city's miscellaneous fee schedule as amended from time to time, for each day that the owner fails to maintain the property commencing on the day following the expiration of the period to remedy the violation as set forth in the notice provided pursuant to subsection E. E. If the city chooses to impose a fine pursuant to subsection D., it shall give notice of the alleged violation to the owner. The notice shall include a description of the conditions that gave rise to the violation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days. The notice shall be mailed to the name and address provided in the deed or other instrument for mailing future tax statements, or, if none, to the return address provided on the deed or other instrument. F. The city shall provide a period of not less than thirty (30) days for the legal owner to remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the city may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. G. The city shall provide an owner who wishes to contest any fines imposed pursuant to subsection D. a hearing and opportunity to be heard in accordance with the procedures for administrative citations contained in chapter 1.14. H. Payment of the administrative and civil penalties shall not excuse the failure to correct the violation nor shall it bar further enforcement action. Sec. 8-1991. -Appeals. Any person aggrieved by any of the requirements of this division may appeal a determination made hereunder in the manner specified with respect to appeals under section 1-21.8 through 1-21.9 or chapter 3. Sec. 8-1992. - Joint and several liability. The duties/obligations specified in this division shall be joint and several among and between all trustees and beneficiaries and their respective agents. Ordinance No. NS-XXXX Page 14 of 16 11 B-14 Secs. 8-1993-8-1999. - Reserved. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ✓& Kyle ellesen Assiglant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2020. Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 15 of 16 11B-15 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, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS-XXXX Page 16 of 16 Daisy Gomez Clerk of the Council City of Santa Ana 11 B-16 SECOND READING ORDINANCE STRIKETHROUGH VERSION WITH MODIFICATIONS MADE AT ORDINANCE NO. NS-XXXX AUGUST 18, 2020 CITY COUNCIL MEETING AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 8, ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER RESPONSIBILITIES, AS WELL AS ADDITIONAL ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING FOR MONITORING PROGRAM BY CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Ana and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and B. Vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and C. Property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and D. A number of historically significant properties have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and E. The Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and F. The City Council desires to amend the City's Code in order to provide additional tools for staff to aggressively enforce the City's registration and maintenance program, requiring the posting of bonds by property owners and installation of fencing on all vacant properties; and G. The City Council finds that the implementation of the following changes and additions Ordinance No. NS-XXXX Page 1 of 16 11 B-17 will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership and lack of compliance with City regulations and laws. SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed after this ordinance is adopted. SECTION 3. Division 3, Article X, of Chapter 8 of the Santa Ana Municipal Code is hereby amended and restated such that it reads as follows: DIVISION 3. - REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES Sec.8-1982. Purpose. It is the intent of the city council, through the adoption of this division, to establish a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, defaulted and/or vacant properties; to establish a property registration program for such properties, and to set forth guidelines for the maintenance of such properties. Sec. 8-1983. Definitions. For the purpose of this division the following terms, phrases and words, shall have the meaning set forth below: "Abandoned" means any real property that is: (1) vacant or shows evidence of vacancy, (2) is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or (3) is the subject of a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or (4) was conveyed to the current owner under a deed in lieu of foreclosure/sale. "Abatement order" means a notice of violation, notice and order, or administrative citation. As used in this chapter, the terms "abate" and "abatement" means action to repair, replace, remove, destroy, terminate, or otherwise remedy the condition or activity in question by such means and in such manner as is necessary in the interests of the health, safety or welfare of the public. (Section 17-4) "Accessible property" means real property that is accessible to the public, either, in general or through an open and unsecured door, window, gate fence, wall, etc. "Accessible structure" means a building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior. "Administrative penalty payment due date" means the date that is the 10th day after the issuance of an abatement order, a notice of violation issued pursuant to section 1- Ordinance No. NS-XXXX Page 2 of 16 11 B-18 21.7(1). "Agreement" means any written instrument that transfers or conveys title to residential or commercial property from one owner to another after a sale, trade, transfer or exchange. "Beneficiary" means a lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust. "Boarded building" means a vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the vacant building by persons or animals. "Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's Code or applicable specific plan. "Buyer" means any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an agreement. "Chief Building Official" or "building official" means Building Safety Manager, Code Enforcement Manager, or their designees. "Commercial Property" means any improved real property, or portion thereof, designed or permitted to be used for commercial non-residential purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "commercial," whether or not said property is legally permitted and zoned for such use. "Dangerous building" means any building or structure reasonably deemed by authorized city staff to represent a violation of any provision specified in the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code, or California Health and Safety Code section 17920.3. "Days" means calendar days. "Deed of trust" means an instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, as security for a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust; i.e., 2nd trust deed, 3rd trust deed, etc. "Deed in lieu of foreclosure" means a recorded instrument that transfers ownership of property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Ordinance No. NS-XXXX Page 3 of 16 11 B-19 "Default" means the material breach of, or failure to fulfill, a legal or contractual duty arising from or relating to a deed of trust. "Distressed" means any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy. "Enforcement official" means the city manager, the building official, and/or any employee or agent of the city designated and/or charged with enforcing this Code, including but not limited to applicable codes adopted by reference therein. "Evidence of vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, public notice of default, a deed -in -lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non -related bona fide purchaser in an arm's length transaction to satisfy the debt or lien. "Historical/historic Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure designated as having historical or architectural importance by inclusion in the city register of historical properties pursuant to Chapter 30 of the Santa Ana Municipal Code. "Industrial Property" means any improved real property, or portion thereof, designed or permitted to be used for industrial non-residential purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "industrial," whether or not said property is legally permitted and zoned for such use. "Local" means within forty (40) driving miles of the subject building, structure or real property. Ordinance No. NS-XXXX Page 4 of 16 11 B-20 "Neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered. "Notice of default" means a recorded instrument that reflects and provides notice that a default has occurred under a deed of trust, and that the beneficiary intends to proceed with a trustee's sale. "Notice of trustee's sale" means a document prepared and recorded by the trustee that sets forth the day, date and time of the trustee's sale, describes the property to be sold, and gives an estimate for the unpaid debt on the deed of trust secured by the property. "Out of area" means in excess of forty (40) road or driving miles of the subject building, structure or real property. "Owner" means any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property. "Owner of record" means any person shown as the owner of land on the last equalized assessment roll produced by the Orange County Recorder's Office. "Property" means any unimproved or improved real property designed or permitted to be used for commercial, industrial, residential or dwelling purposes, or portion thereof, including but not limited to building or structures located on said real property, regardless of condition. "Registrable property" means any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee or trustee, is subject to an application for a tax deed or pending tax assessor's lien sale, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. "Registrable property" shall also refer to vacant property, whether residential, commercial, industrial or historic, subject to the property registration guidelines discussed below. The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non -related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured. "Residential building" means any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use. Ordinance No. NS-XXXX Page 5 of 16 11 B-21 "Secure" means such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining/pad locking gates, the repairing or boarding of doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development. "Tax assessor's lien sale" means the sale, conducted by the Assessor of Orange County, of tax liens for delinquent taxes on the property. "Trustee" means any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property for the benefit of the beneficiary. "Trustor" means any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/borrower. "Vacancy/vacant" means any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy. "Vacant building" means a building where at least thirty-five (35%) percent of the total floor area within the building is not occupied. "Vacant shopping center/industrial complex" means a shopping center or industrial complex on a single property containing one or more buildings where fifty (50%) percent of the gross leasable area is not occupied. Sec. 8-1984. - Duty to record instrument for property transfer. In order to ensure proper noticing regarding registration of abandoned, defaulted and/or vacant properties pursuant to this Article, within ten (10) days of a property transaction involving a change in the identity of an owner or the owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by such residential, industrial or commercial property, each beneficiary and trustee engaged in said transaction or transfer/assignment shall record, with the Orange County Recorder's Office, an instrument evidencing such transaction, transfer or assignment. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 8-1985. - Registration. A. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property that is security for the Ordinance No. NS-XXXX Page 6 of 16 11 B-22 deed of trust upon default by the trustor prior to recording a notice of default or similar instrument with the Orange County Recorder's Office, and must comply with Civil Code section 2923.5, as amended from time to time. B. If such inspection shows that the property is vacant or abandoned, the owner, beneficiary or trustee shall, within ten (10) days of the inspection, register the property with the city's code enforcement division on forms provided by the city. C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until: 1.The trustor or another party remedies the default; or 2.The property is found to be vacant or shows evidence of vacancy, deemed abandoned and registered subject to subsection B. D. The registration required pursuant to subsection B. shall contain the identity of the beneficiary and trustee, the direct mailing address (no postal box address), email address and phone number of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question. E. The registration pursuant to subsection B. shall be renewed annually. F. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure. G. Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this division as long as they remain vacant and/or abandoned. H. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the city's code enforcement division of any change of information contained in the registration within ten (10) days of the change. I. If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this article and within five (5) days of the transfer must register the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration. J. If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this article and within five (5) days of the transfer must register Ordinance No. NS-XXXX Page 7 of 16 11 B-23 the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration. K. As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration. Mortgagees who have existing registerable property on the effective date of the ordinance from which this section is derived have thirty (30) calendar days from the effective date to register the property with the City, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. Sec. 8-1986. Maintenance Requirements. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any vacant or abandoned property to cause, permit, or maintain any property condition contrary to any provision of this chapter. The following maintenance standards shall apply to any registrable property, including vacant or abandoned properties subject to registration under this Division: A. Any registrable property shall be maintained in compliance with the requirements of this chapter and Code Chapters 16, Chapter 41, the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code and California Health and Safety Code section 17920.3. B. Registrable property shall be kept free of weeds, dry brush, dead vegetation, excessive foliage growth, trash, junk, debris, building materials, any accumulation of newspaper, circular flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. C. Registrable property shall be maintained free of graffiti, tagging or similar marking in accordance with Article IV of Chapter 10 of this Code. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure. D. Visible frontaad side yards shall be landscaped and continuously maintained to by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation and standards listed in section 41-609 "Landscape," and abide by the planning and public works division landscape standards. Landscaping does Ordinance No. NS-XXXX Page 8 of 16 11 B-24 not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor -outdoor carpet or any similar material. E. Pools and spas shall be kept in working order so that water remains clear and free of pollutants, mosquito larvae, and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements set forth in Article XIII of this chapter and minimum state standards, whichever is more restrictive. F. Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants, conditions and restrictions and/or homeowner's association rules and regulations which may apply to the property. G. An enforcement official may allow exceptions to the maintenance standards set forth in this section for registrable property that has submitted a development application with the City and is undergoing the approval process or is under construction and/or repair, that is diligently pursued for at least three (3) business days per week, and is undertaken in compliance with all applicable laws including but not limited to city permitting requirements. H. No person, firm, partnership, corporation or other entity shall allow a residential, commercial, historical, or industrial building designed for human use or occupancy to stand vacant for more than forty-five (45) days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the chief building official that one of the following applies: (1) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; (2) The building meets all applicable codes, is actively maintained in accordance with all city ordinances, is ready for occupancy, and is actively being offered for sale, lease, or rent. The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within ninety (90) days afterthe building is boarded and shall comply with the provisions of subsections A through H of this section, as well as all other provisions of the City Code. J. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter to cause, permit, or maintain such building or property in violation of subsections A through I of this section. K. Within thirty (30) days after a property becomes a vacant building as defined herein, the owner of a vacant residential, commercial, historical, or industrial building shall cause said building to be registered as a vacant building pursuant to the provisions of section 8-1985 of this chapter and shall pay the registration fee required per section 8-1989. Further, the owner of said vacant building shall Ordinance No. NS-XXXX Page 9 of 16 11 B-25 comply with all applicable provisions of this Code with respect to property maintenance, nuisance abatement, local property management requirements and monitoring. Sec. 8-1987. Security Requirements. A. Abandoned and vacant properties shall be secured so as not to be accessible to unauthorized persons. B. Securing of vacant or abandoned property includes but is not limited to closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means re -glazing or boarding the window. If deemed necessary by the Code Enforcement Manager, securing of vacant or abandoned property may require the provision of on -site security guard services. Such services shall be of sufficient duration and frequency to ensure that the property remains secure and no unauthorized persons may gain entry. C. If the vacant or abandoned property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the abandoned property is maintained in accordance with the requirements of this section, and any other applicable laws. D. The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than 18" x 24", shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)." E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily subject to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials. F. The local property management company shall inspect the property on a weekly basis, or more frequently, to determine if the property is in compliance with the requirements of this division. If the pF9peFty FnaRagemeRt GempaRy deteFmiRe6 it is determined that the property is not in compliance, it is the company's responsibility to bring the property into compliance. G. The duties and obligations specified in this section shall be joint and several Ordinance No. NS-XXXX Page 10 of 16 11 B-26 among and between all trustees and beneficiaries and their respective agents. H. Bonding and Fencing Requirements for Vacant Buildings. (1) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter the owner, beneficiary or trustee, shall post with the city a bond or similar security in an amount equal to three (3) months estimated costs of blight prevention and security activities, as estimated by the Chief Building Official or Code Enforcement Manager. (2) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter, the owner, beneficiary or trustee shall cause to be installed a minimum six foot (6') high chain -link fence adjacent to the property boundaries, or other alternative fencing acceptable to the Chief Building Official or Code Enforcement Manager that is adequate to protect the public health, safety and welfare, unless the City officials determine that the installation of such fencing will be detrimental to the public safety and welfare. Any fencing required under this section may additionally require screening if deemed necessary in order to protect the safety, streetscape and overall appearance of the site. The Chief Building Official and Code Enforcement Manager may promulgate additional fencing standards for vacant properties consistent with this section. Sec. 8-1988. Additional authority; Monitoring Program. A. In addition to the enforcement remedies established in this division, the city shall have the authority to require the beneficiary, trustee, owner or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on - site inspection frequency, employment of an on -site security guard or other measures as may be reasonably required to secure and reduce the visual decline of the property. B. Property Monitoring Program and Procedures. (1) Purpose. Vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner of the building fails to maintain and manage the building. Vacant buildings often attract squatters and criminals, including drug users. Use of vacant buildings by squatters and criminals creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up and other long-term vacancies discourage economic development and retard appreciation of property values. In order to combat these issues, the focus of the monitoring program shall be: (a) Ordinance No. NS-XXXX Page 11 of 16 11 B-27 To identify buildings that become vacant; (b) To order vacant buildings that are open and accessible to be secured against unlawful entry pursuant to City codes, including the building code, or other applicable law; (c) To initiate proceedings against the owner of any vacant building found to be substandard as defined in this chapter or a nuisance under any other provision of this code; and (d) To maintain surveillance over vacant buildings so that timely enforcement proceedings are commenced in the event a building becomes substandard or a nuisance. (2) Authority. The Chief Building Official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city. The program shall be documented and regularly updated. The program shall be available for public review. (3) Fee Imposed. There is imposed upon every owner of a vacant building monitored pursuant to this chapter, an annual vacant building monitoring fee in an initial amount as the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or non- residential, which: (a) Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city; or (b) Is vacant for more than ninety (90) days for any reason. (4) Fee Waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that: (a) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or (b) The building meets all applicable codes and is actively being offered for sale, lease, or rent; or (c) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (5) Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the Orange County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (4) of this section by submitting a written statement of the grounds for the waiver to the Chief Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Chief Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Chief Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision. (6) Appeal. Any owner aggrieved by the decision of the Chief Building Official relating to an application for waiver may appeal the decision pursuant to section Ordinance No. NS-XXXX Page 12 of 16 11 B-28 8-1991 within fifteen (15) days of the mailing of the decision. (7) Non-payment of fees — special assessment. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Chief Building Official or appellate hearing officer, they may then be declared a special assessment against that parcel as provided in California Government Code section 28773.5. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (8) Non-payment of fees — lien. Alternatively, if the fee is not paid within sixty (60) days, the city manager may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. Sec. 8-1989. - Fees. An annual non-refundable foreclosed, vacant and/or abandoned property registration fee shall be paid to city at the time of registration, annually thereafter on January 1 st each year and must be received no later than January 31 of the year due. If the foreclosed, vacant and/or abandoned property is sold or transferred within a calendar year to a new bank/owner it will need to register the foreclosed, vacant and/or abandoned property; the annual fee is not transferrable. The fee for registering and re -registering a foreclosed, vacant and/or abandoned property shall be set, from time to time, by resolution of the city council. The amount of the fee shall not exceed the cost of administering the provisions of this chapter. Additional hourly inspection fees as set forth in the city's miscellaneous fee resolution may be levied on a property for staff time to inspect and enforce the provision of this Code when a complaint has been filed on a property subject to this article. Sec. 8-1990. - Enforcement. A. Any violation of this division shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any abandoned property and causes, permits, or maintains a violation of the chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, may be punished as provided in section 1-8. C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to this Code. As an alternative to the Ordinance No. NS-XXXX Page 13 of 16 11 B-29 violation and penalty specified in this section, the city attorney or enforcement official may pursue any other right or remedy permitted by this Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to sections 1-21 through 1-21.9. D. If an enforcement officer determines that the owner of abandoned property has failed to maintain that property as obligated under California Civil Code Section 2929.3 and in accordance with this chapter, the city may impose a civil fine against the owner of up to one thousand dollars ($1,000.00) per day, or an amount set by the city's miscellaneous fee schedule as amended from time to time, for each day that the owner fails to maintain the property commencing on the day following the expiration of the period to remedy the violation as set forth in the notice provided pursuant to subsection E. E. If the city chooses to impose a fine pursuant to subsection D., it shall give notice of the alleged violation to the owner. The notice shall include a description of the conditions that gave rise to the violation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days. The notice shall be mailed to the name and address provided in the deed or other instrument for mailing future tax statements, or, if none, to the return address provided on the deed or other instrument. F. The city shall provide a period of not less than thirty (30) days for the legal owner to remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the city may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. G. The city shall provide an owner who wishes to contest any fines imposed pursuant to subsection D. a hearing and opportunity to be heard in accordance with the procedures for administrative citations contained in chapter 1.14. H. Payment of the administrative and civil penalties shall not excuse the failure to correct the violation nor shall it bar further enforcement action. Sec. 8-1991. -Appeals. Any person aggrieved by any of the requirements of this division may appeal a determination made hereunder in the manner specified with respect to appeals under section 1-21.8 through 1-21.9 or chapter 3. Sec. 8-1992. -Joint and several liability. The duties/obligations specified in this division shall be joint and several among and Ordinance No. NS-XXXX Page 14 of 16 11 B-30 between all trustees and beneficiaries and their respective agents. Secs. 8-1993-8-1999. - Reserved. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. ADOPTED this day of 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7tit Kyle ellesen Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 15 of 16 11 B-31 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, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS-XXXX Page 16 of 16 Daisy Gomez Clerk of the Council City of Santa Ana 11 B-32 SECOND READING ORDINANCE CLEAN VERSION ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 8, ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER RESPONSIBILITIES, AS WELL AS ADDITIONAL ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING FOR MONITORING PROGRAM BY CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Ana and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and B. Vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and C. Property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and D. A number of historically significant properties have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and E. The Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and F. The City Council desires to amend the City's Code in order to provide additional tools for staff to aggressively enforce the City's registration and maintenance program, requiring the posting of bonds by property owners and installation of fencing on all vacant properties; and G. The City Council finds that the implementation of the following changes and additions Ordinance No. NS-XXXX Page 1 of 16 11 B-33 will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership and lack of compliance with City regulations and laws. SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed after this ordinance is adopted. SECTION 3. Division 3, Article X, of Chapter 8 of the Santa Ana Municipal Code is hereby amended and restated such that it reads as follows: DIVISION 3. - REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES Sec.8-1982. Purpose. It is the intent of the city council, through the adoption of this division, to establish a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, defaulted and/or vacant properties; to establish a property registration program for such properties, and to set forth guidelines for the maintenance of such properties. Sec. 8-1983. Definitions. For the purpose of this division the following terms, phrases and words, shall have the meaning set forth below: "Abandoned" means any real property that is: (1) vacant or shows evidence of vacancy, (2) is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or (3) is the subject of a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or (4) was conveyed to the current owner under a deed in lieu of foreclosure/sale. "Abatement order" means a notice of violation, notice and order, or administrative citation. As used in this chapter, the terms "abate" and "abatement" means action to repair, replace, remove, destroy, terminate, or otherwise remedy the condition or activity in question by such means and in such manner as is necessary in the interests of the health, safety or welfare of the public. (Section 17-4) "Accessible property" means real property that is accessible to the public, either, in general or through an open and unsecured door, window, gate fence, wall, etc. "Accessible structure" means a building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior. "Administrative penalty payment due date" means the date that is the 10th day after the issuance of an abatement order, a notice of violation issued pursuant to section 1- Ordinance No. NS-XXXX Page 2 of 16 11 B-34 21.7(1). "Agreement" means any written instrument that transfers or conveys title to residential or commercial property from one owner to another after a sale, trade, transfer or exchange. "Beneficiary" means a lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust. "Boarded building" means a vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the vacant building by persons or animals. "Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's Code or applicable specific plan. "Buyer" means any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an agreement. "Chief Building Official" or "building official" means Building Safety Manager, Code Enforcement Manager, or their designees. "Commercial Property" means any improved real property, or portion thereof, designed or permitted to be used for commercial non-residential purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "commercial," whether or not said property is legally permitted and zoned for such use. "Dangerous building" means any building or structure reasonably deemed by authorized city staff to represent a violation of any provision specified in the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code, or California Health and Safety Code section 17920.3. "Days" means calendar days. "Deed of trust" means an instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, as security for a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust; i.e., 2nd trust deed, 3rd trust deed, etc. "Deed in lieu of foreclosure" means a recorded instrument that transfers ownership of property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Ordinance No. NS-XXXX Page 3 of 16 11 B-35 "Default" means the material breach of, or failure to fulfill, a legal or contractual duty arising from or relating to a deed of trust. "Distressed" means any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy. "Enforcement official" means the city manager, the building official, and/or any employee or agent of the city designated and/or charged with enforcing this Code, including but not limited to applicable codes adopted by reference therein. "Evidence of vacancy" means any real property condition that independently, or in the context of the totality of circumstances relevant to that real property would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, public notice of default, a deed -in -lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non -related bona fide purchaser in an arm's length transaction to satisfy the debt or lien. "Historical/historic Building" means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure designated as having historical or architectural importance by inclusion in the city register of historical properties pursuant to Chapter 30 of the Santa Ana Municipal Code. "Industrial Property" means any improved real property, or portion thereof, designed or permitted to be used for industrial non-residential purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "industrial," whether or not said property is legally permitted and zoned for such use. "Local" means within forty (40) driving miles of the subject building, structure or real property. Ordinance No. NS-XXXX Page 4 of 16 11 B-36 "Neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered. "Notice of default" means a recorded instrument that reflects and provides notice that a default has occurred under a deed of trust, and that the beneficiary intends to proceed with a trustee's sale. "Notice of trustee's sale" means a document prepared and recorded by the trustee that sets forth the day, date and time of the trustee's sale, describes the property to be sold, and gives an estimate for the unpaid debt on the deed of trust secured by the property. "Out of area" means in excess of forty (40) road or driving miles of the subject building, structure or real property. "Owner" means any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property. "Owner of record" means any person shown as the owner of land on the last equalized assessment roll produced by the Orange County Recorder's Office. "Property" means any unimproved or improved real property designed or permitted to be used for commercial, industrial, residential or dwelling purposes, or portion thereof, including but not limited to building or structures located on said real property, regardless of condition. "Registrable property" means any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee or trustee, is subject to an application for a tax deed or pending tax assessor's lien sale, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. "Registrable property" shall also refer to vacant property, whether residential, commercial, industrial or historic, subject to the property registration guidelines discussed below. The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non -related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured. "Residential building" means any improved real property, or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer, or exchange as "residential," whether or not said property is legally permitted and zoned for such use. Ordinance No. NS-XXXX Page 5 of 16 11 B-37 "Secure" means such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining/pad locking gates, the repairing or boarding of doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development. "Tax assessor's lien sale" means the sale, conducted by the Assessor of Orange County, of tax liens for delinquent taxes on the property. "Trustee" means any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property for the benefit of the beneficiary. "Trustor" means any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/borrower. "Vacancy/vacant" means any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy. "Vacant building" means a building where at least thirty-five (35%) percent of the total floor area within the building is not occupied. "Vacant shopping center/industrial complex" means a shopping center or industrial complex on a single property containing one or more buildings where fifty (50%) percent of the gross leasable area is not occupied. Sec. 8-1984. - Duty to record instrument for property transfer. In order to ensure proper noticing regarding registration of abandoned, defaulted and/or vacant properties pursuant to this Article, within ten (10) days of a property transaction involving a change in the identity of an owner or the owner of record, or alternatively a transfer/assignment of a loan or deed of trust secured by such residential, industrial or commercial property, each beneficiary and trustee engaged in said transaction or transfer/assignment shall record, with the Orange County Recorder's Office, an instrument evidencing such transaction, transfer or assignment. This instrument shall reflect the identity, mailing address and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust in question. This duty/obligation shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 8-1985. - Registration. A. Each beneficiary and trustee, who holds a deed of trust on a property located within the city, shall perform an inspection of the property that is security for the Ordinance No. NS-XXXX Page 6 of 16 11 B-38 deed of trust upon default by the trustor prior to recording a notice of default or similar instrument with the Orange County Recorder's Office, and must comply with Civil Code section 2923.5, as amended from time to time. B. If such inspection shows that the property is vacant or abandoned, the owner, beneficiary or trustee shall, within ten (10) days of the inspection, register the property with the city's code enforcement division on forms provided by the city. C. If the property is occupied but distressed, the trustee and beneficiary or a designee shall inspect the property on a monthly basis until: 1.The trustor or another party remedies the default; or 2.The property is found to be vacant or shows evidence of vacancy, deemed abandoned and registered subject to subsection B. D. The registration required pursuant to subsection B. shall contain the identity of the beneficiary and trustee, the direct mailing address (no postal box address), email address and phone number of the beneficiary and trustee and, in the case of a corporate or out of area beneficiary or trustee, the local property management company, if any, responsible for the security, maintenance and marketing of the property in question. E. The registration pursuant to subsection B. shall be renewed annually. F. This section shall also apply to properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure. G. Properties subject to this chapter shall remain subject to the annual registration requirement, security and maintenance standards of this division as long as they remain vacant and/or abandoned. H. Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must make a written report to the city's code enforcement division of any change of information contained in the registration within ten (10) days of the change. I. If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this article and within five (5) days of the transfer must register the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration. J. If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this article and within five (5) days of the transfer must register Ordinance No. NS-XXXX Page 7 of 16 11 B-39 the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration. K. As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration. Mortgagees who have existing registerable property on the effective date of the ordinance from which this section is derived have thirty (30) calendar days from the effective date to register the property with the City, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. Sec. 8-1986. Maintenance Requirements. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any vacant or abandoned property to cause, permit, or maintain any property condition contrary to any provision of this chapter. The following maintenance standards shall apply to any registrable property, including vacant or abandoned properties subject to registration under this Division: A. Any registrable property shall be maintained in compliance with the requirements of this chapter and Code Chapters 16, Chapter 41, the Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code and California Health and Safety Code section 17920.3. B. Registrable property shall be kept free of weeds, dry brush, dead vegetation, excessive foliage growth, trash, junk, debris, building materials, any accumulation of newspaper, circular flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. C. Registrable property shall be maintained free of graffiti, tagging or similar marking in accordance with Article IV of Chapter 10 of this Code. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure. D. Visible yards shall be landscaped and continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation and standards listed in section 41- 609 "Landscape," and abide by the planning and public works division landscape standards. Landscaping does not include weeds, gravel, broken concrete, Ordinance No. NS-XXXX Page 8 of 16 11 B-40 asphalt, plastic sheeting, mulch, indoor -outdoor carpet or any similar material. E. Pools and spas shall be kept in working order so that water remains clear and free of pollutants, mosquito larvae, and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements set forth in Article XIII of this chapter and minimum state standards, whichever is more restrictive. F. Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants, conditions and restrictions and/or homeowner's association rules and regulations which may apply to the property. G. An enforcement official may allow exceptions to the maintenance standards set forth in this section for registrable property that has submitted a development application with the City and is undergoing the approval process or is under construction and/or repair, that is diligently pursued for at least three (3) business days per week, and is undertaken in compliance with all applicable laws including but not limited to city permitting requirements. H. No person, firm, partnership, corporation or other entity shall allow a residential, commercial, historical, or industrial building designed for human use or occupancy to stand vacant for more than forty-five (45) days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the chief building official that one of the following applies: (1) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; (2) The building meets all applicable codes, is actively maintained in accordance with all city ordinances, is ready for occupancy, and is actively being offered for sale, lease, or rent. The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within ninety (90) days after the building is boarded and shall comply with the provisions of subsections A through H of this section, as well as all other provisions of the City Code. J. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter to cause, permit, or maintain such building or property in violation of subsections A through I of this section. K. Within thirty (30) days after a property becomes a vacant building as defined herein, the owner of a vacant residential, commercial, historical, or industrial building shall cause said building to be registered as a vacant building pursuant to the provisions of section 8-1985 of this chapter and shall pay the registration fee required per section 8-1989. Further, the owner of said vacant building shall comply with all applicable provisions of this Code with respect to property Ordinance No. NS-XXXX Page 9 of 16 11 B-41 maintenance, nuisance abatement, local property management requirements and monitoring. Sec. 8-1987. Security Requirements. A. Abandoned and vacant properties shall be secured so as not to be accessible to unauthorized persons. B. Securing of vacant or abandoned property includes but is not limited to closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means re -glazing or boarding the window. If deemed necessary by the Code Enforcement Manager, securing of vacant or abandoned property may require the provision of on -site security guard services. Such services shall be of sufficient duration and frequency to ensure that the property remains secure and no unauthorized persons may gain entry. C. If the vacant or abandoned property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the abandoned property is maintained in accordance with the requirements of this section, and any other applicable laws. D. The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than 18" x 24", shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)." E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily subject to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials. F. The local property management company shall inspect the property on a weekly basis, or more frequently, to determine if the property is in compliance with the requirements of this division. If it is determined that the property is not in compliance, it is the company's responsibility to bring the property into compliance. G. The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents. Ordinance No. NS-XXXX Page 10 of 16 11 B-42 H. Bonding and Fencing Requirements for Vacant Buildings. (1) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter the owner, beneficiary or trustee, shall post with the city a bond or similar security in an amount equal to three (3) months estimated costs of blight prevention and security activities, as estimated by the Chief Building Official or Code Enforcement Manager. (2) Whenever a building remains vacant for a period of ninety (90) days or more, in addition to the other requirements of this chapter, the owner, beneficiary or trustee shall cause to be installed a minimum six foot (6') high chain -link fence adjacent to the property boundaries, or other alternative fencing acceptable to the Chief Building Official or Code Enforcement Manager that is adequate to protect the public health, safety and welfare, unless the City officials determine that the installation of such fencing will be detrimental to the public safety and welfare. Any fencing required under this section may additionally require screening if deemed necessary in order to protect the safety, streetscape and overall appearance of the site. The Chief Building Official and Code Enforcement Manager may promulgate additional fencing standards for vacant properties consistent with this section. Sec. 8-1988. Additional authority; Monitoring Program. A. In addition to the enforcement remedies established in this division, the city shall have the authority to require the beneficiary, trustee, owner or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on - site inspection frequency, employment of an on -site security guard or other measures as may be reasonably required to secure and reduce the visual decline of the property. B. Property Monitoring Program and Procedures. (1) Purpose. Vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner of the building fails to maintain and manage the building. Vacant buildings often attract squatters and criminals, including drug users. Use of vacant buildings by squatters and criminals creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up and other long-term vacancies discourage economic development and retard appreciation of property values. In order to combat these issues, the focus of the monitoring program shall be: (a) To identify buildings that become vacant; (b) To order vacant buildings that are Ordinance No. NS-XXXX Page 11 of 16 11 B-43 open and accessible to be secured against unlawful entry pursuant to City codes, including the building code, or other applicable law; (c) To initiate proceedings against the owner of any vacant building found to be substandard as defined in this chapter or a nuisance under any other provision of this code; and (d) To maintain surveillance over vacant buildings so that timely enforcement proceedings are commenced in the event a building becomes substandard or a nuisance. (2) Authority. The Chief Building Official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city. The program shall be documented and regularly updated. The program shall be available for public review. (3) Fee Imposed. There is imposed upon every owner of a vacant building monitored pursuant to this chapter, an annual vacant building monitoring fee in an initial amount as the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or non- residential, which: (a) Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city; or (b) Is vacant for more than ninety (90) days for any reason. (4) Fee Waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that: (a) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or (b) The building meets all applicable codes and is actively being offered for sale, lease, or rent; or (c) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (5) Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the Orange County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (4) of this section by submitting a written statement of the grounds for the waiver to the Chief Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Chief Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Chief Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision. (6) Appeal. Any owner aggrieved by the decision of the Chief Building Official relating to an application for waiver may appeal the decision pursuant to section 8-1991 within fifteen (15) days of the mailing of the decision. Ordinance No. NS-XXXX Page 12 of 16 11 B-44 (7) Non-payment of fees — special assessment. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Chief Building Official or appellate hearing officer, they may then be declared a special assessment against that parcel as provided in California Government Code section 28773.5. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (8) Non-payment of fees — lien. Alternatively, if the fee is not paid within sixty (60) days, the city manager may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. Sec. 8-1989. - Fees. An annual non-refundable foreclosed, vacant and/or abandoned property registration fee shall be paid to city at the time of registration, annually thereafter on January 1 st each year and must be received no later than January 31 of the year due. If the foreclosed, vacant and/or abandoned property is sold or transferred within a calendar year to a new bank/owner it will need to register the foreclosed, vacant and/or abandoned property; the annual fee is not transferrable. The fee for registering and re -registering a foreclosed, vacant and/or abandoned property shall be set, from time to time, by resolution of the city council. The amount of the fee shall not exceed the cost of administering the provisions of this chapter. Additional hourly inspection fees as set forth in the city's miscellaneous fee resolution may be levied on a property for staff time to inspect and enforce the provision of this Code when a complaint has been filed on a property subject to this article. Sec. 8-1990. - Enforcement. A. Any violation of this division shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any abandoned property and causes, permits, or maintains a violation of the chapter as to that property, shall be guilty of a misdemeanor, and upon conviction thereof, may be punished as provided in section 1-8. C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city pursuant to this Code. As an alternative to the violation and penalty specified in this section, the city attorney or enforcement Ordinance No. NS-XXXX Page 13 of 16 11 B-45 official may pursue any other right or remedy permitted by this Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to sections 1-21 through 1-21.9. D. If an enforcement officer determines that the owner of abandoned property has failed to maintain that property as obligated under California Civil Code Section 2929.3 and in accordance with this chapter, the city may impose a civil fine against the owner of up to one thousand dollars ($1,000.00) per day, or an amount set by the city's miscellaneous fee schedule as amended from time to time, for each day that the owner fails to maintain the property commencing on the day following the expiration of the period to remedy the violation as set forth in the notice provided pursuant to subsection E. E. If the city chooses to impose a fine pursuant to subsection D., it shall give notice of the alleged violation to the owner. The notice shall include a description of the conditions that gave rise to the violation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days. The notice shall be mailed to the name and address provided in the deed or other instrument for mailing future tax statements, or, if none, to the return address provided on the deed or other instrument. F. The city shall provide a period of not less than thirty (30) days for the legal owner to remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the city may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. G. The city shall provide an owner who wishes to contest any fines imposed pursuant to subsection D. a hearing and opportunity to be heard in accordance with the procedures for administrative citations contained in chapter 1.14. H. Payment of the administrative and civil penalties shall not excuse the failure to correct the violation nor shall it bar further enforcement action. Sec. 8-1991. -Appeals. Any person aggrieved by any of the requirements of this division may appeal a determination made hereunder in the manner specified with respect to appeals under section 1-21.8 through 1-21.9 or chapter 3. Sec. 8-1992. -Joint and several liability. The duties/obligations specified in this division shall be joint and several among and between all trustees and beneficiaries and their respective agents. Ordinance No. NS-XXXX Page 14 of 16 11 B-46 Secs. 8-1993-8-1999. - Reserved. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B Y Kyle / ellesen Assi ant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2020. Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 15 of 16 11 B-47 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, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS-XXXX Page 16 of 16 Daisy Gomez Clerk of the Council City of Santa Ana 11 B-48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: ORDINANCE SECOND READING: APPROVING ZONING ORDINANCE AMENDMENT NO. 2020-03 TO ADOPT MODIFICATIONS TO THE HOUSING OPPORTUNITY ORDINANCE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt modifications to the Housing Opportunity Ordinance. DISCUSSION At the August 18, 2020 meeting, the City Council approved Zoning Ordinance Amendment No. 2020-03 by a vote of 5:2 to modify the existing Housing Opportunity Ordinance (HOO). At this meeting, the City Council approved the proposed ordinance amendment subject to the following modifications: 1. Reducing the in -lieu fee for an "Entitled Residential Project' to $5.00 per habitable square foot instead of the originally proposed $10.00 per square foot. 2. Extending the period for obtaining the building permit for an "Entitled Residential Project' to October 1, 2021 instead of the originally proposed April 1, 2021 date. The fee for an "Entitled Residential Project' not obtaining a building permit by such date would revert back to $15.00 per habitable square foot and is unchanged by the above modifications. Submitted by: Minh Thai, Executive Director/Planning and Building Agency Exhibits: 1. Ordinance Final 2. Ordinance Redline 11 C-1 EXHIBIT 1 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 41, ARTICLE XVIII.I (HOUSING OPPORTUNITY ORDINANCE) OF THE SANTA ANA MUNICIPAL CODE TO MODIFY APPLICABILITY AND VARIOUS IMPLEMENTATION PROVISIONS OF THE ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. In Santa Ana, as in other cities in California, there has been a deficit in much needed housing. It is difficult to meet the many housing needs which include, but are not limited to: increasing the housing supply and mix of housing types, rental or ownership opportunities, affordability, promoting infill development and socio- economic equity, the protection of environmental resources, and the encouragement of efficient development patterns. B. In 2015, the City amended its Housing Opportunity Ordinance (HOO) in the Santa Ana Municipal Code (SAMC Sections 41-1900 through 41-1910) to require the construction of affordable units on or off -site or the payment of an in -lieu fee in the amount of $5.00 per square foot of habitable space for projects consisting of 5-20 units, and the payment of an in -lieu fee in the amount of $15.00 per square foot of habitable space for projects with over twenty (20) units. C. In addition to the housing crisis, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-Co V-2," and the disease it causes has been named "coronavirus disease 2019", abbreviated COVID-19 ("COVI D-1 9"). D. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19. E. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 11 C-2 F. The Orange County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19. G. On March 17, 2020, the Santa Ana City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an expedient response to the COVID-19 pandemic. H. As a result of the public health emergency and the precautions recommended by health authorities, City Hall and the public counters for development processing and permit applications in Santa Ana were closed to the public from March 18 through June 1, 2020, thereby limiting the processing of development applications, delaying development projects that were already approved, and thereby impacting development activities in the city for over 10 weeks. The City Council of the City of Santa Ana is concerned about the unplanned detrimental effects caused by COVID 19 on the local economy and the development and construction of housing in the City. These unforeseen issues are of grave concern as it is imperative for the City to maintain a steady stream of housing units in the pipeline at all times. J. As a result of current world events, construction of single-family homes plummeted to its slowest pace in several years. Single-family housing starts dropped 17.5 percent while multifamily housing starts (5 or more units in a structure) fell 32.1 percent in April and were down 3.9 percent from a year earlier. K. Lack of housing units in the City of Santa Ana is a threat to public health and safety and requires urgent intervening action by the City Council. L. In an effort to combat the anticipated severe negative effects that a reduction in the availability of housing units in the City of Santa Ana will cause to the City and its residents, the City Council has determined that a reduction in the HOO fee will serve as an incentive and a catalyst for builders to initiate construction of housing in the City and for the City to continue providing quality housing opportunities in the City. M. The Santa Ana City Council finds that the construction of new housing units will also stimulate the economy by providing jobs and the City is committed to encouraging that end result. N. The Santa Ana City Council finds that requiring projects with over twenty units to pay the full $15.00 per square foot in -lieu housing fee would pose a serious threat to the public interest, health, safety and welfare for the following reasons: (1) It would adversely impact the development of housing projects in the city; 11 C-3 (2) It would adversely affect the number of housing developments in the pipeline; (3) It would cause a decline in the available housing stock; (4) It would put residents at risk for homelessness; (5) It would cause a decline in housing units available at diverse price points; and (6) It would risk the public health, safety and welfare of the City residents needing adequate housing. O. The City Council of the City of Santa Ana desires to use the inclusionary housing fund to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city with the priority on creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units. This includes, but is not limited to, the purchase and rehabilitation of units for sale and the recapturing of affordable housing units at risk of market conversion. Monies may also be used to pay for one-time programs for code enforcement, and quality of life and general health and safety activities. P. The Request for Council Action for this ordinance dated August 18, 2020, and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. The Santa Ana City Council hereby finds, determines and declares that Santa Ana Municipal Code Chapter 41, Article XVIII.I is hereby amended and restated, in its entirety as follows: ARTICLE XVIII.I. - HOUSING OPPORTUNITY ORDINANCE Sec. 41-1900. - Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The 11 C-4 purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments or the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the General Plan. Sec. 41-1901. - Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate —income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development Agreement means an agreement approved by the City Council between a property owner and the City pursuant to Government Code section 65864, et seq. Entitled Residential Project means a development project that includes residential units subject to the provisions and applicability of this Article XVIII.I. that received entitlement approvals by City Council action between August 4, 2015 and August 17, 11 C-5 2020 to construct the residential project and which has not been issued a building permit prior to August 18, 2020. A list of the currently Entitled Residential Projects is attached hereto as Exhibit A and is incorporated by reference. Executive director means the executive director of community development for the city. General Plan means the adopted general plan for the City of Santa Ana Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to very low, low, or moderate income households, at an affordable housing cost, in compliance with this article. Low-income units and very low-income units means inclusionary units restricted to occupancy by low or very low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by Moderate -income households at an affordable housing cost. Prior project means any project for which an application was submitted and the application was deemed complete prior to August 4, 2015. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated unitsirehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or 11 C-6 The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as - needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. -Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new residential project comprised of twenty (20) or more residential lots or residential units located within the city, including new construction, and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this article shall apply to any new residential project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by the General Plan at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable density permitted by the General Plan. (2) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the density permitted by the General Plan. (3) Convert rental units to condominium ownership. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the density permitted by the General Plan. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be sold to moderate income households. 11 C-7 (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of the units shall be rented to low-income households, or ten (10) percent rented to very low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low income household(s) shall be required to provide on -site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. - Exempt projects. The following are exempt from the requirements of this article (a) Applications deemed complete. Applications that include a residential project for which a development application has been deemed complete prior to November 28, 2011. (b) Development agreements. A residential project that is the subject of a Development Agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article or provides for a different amount of inclusionary units from that specified by this article, provided the Development Agreement was adopted on or before November 28, 2011. (c) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (d) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.I I — Adaptive Reuse. Sec. 41-1904. - Options to satisfy inclusionary requirements. 11 C-8 (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1901, above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1 %) habitable square feet per each required habitable square foot of inclusionary units. 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) More than 20 units. A Residential Project comprised of more than twenty (20) residential lots or residential units, the developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be five dollars per square foot ($5.00/ft. 2 ) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (2) Entitled Residential Projects. The applicant(s) of an Entitled Residential Project (see Exhibit A) may either construct the inclusionary units or pay an in lieu fee as follows: (i) Twenty (20) or fewer units. In the case of an Entitled Residential Project containing between five (5) and twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing 11 C-9 some or all of the required units. The amount of the fee allowed by this section shall be five dollars per square foot ($5.00/ft.) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (ii) More than 20 units. In the case of an Entitled Residential Project comprised of more than twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be five dollars per square foot ($5.00/ft.) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. The in lieu fee amount allowed herein by this subsection shall revert to fifteen dollars per square foot ($15.00) on October 1, 2021 for any construction which adds net residential units, which has City -approved entitlements, that has not been issued a building permit by October 1, 2021. (iii) A Residential Project that has been entitled and approved with conditions to pay a specific in lieu fee or has a city council approved Development Agreement to pay a specific in -lieu fee shall comply with the conditions or the Development Agreement as approved and shall not be modified by this Ordinance. (3) Timing of payment. The developer shall pay the in -lieu fees allowed by this section prior to issuance of the building permit for any construction which adds net residential units. The developer may provide input regarding what project the in lieu fees should be applied towards, but such input shall not be dispositive. The in lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (4) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. Sec. 41-1904.1. - Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: 11C-10 (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2Y2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale Residential Project proposing to provide on -site Moderate Income Units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. Sec. 41-1905. - Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. (2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the 11C-11 inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off - site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. 11C-12 (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. 11C-13 (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including but not limited to promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. - Reserved. Sec. 41-1908. - Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this 11C-14 article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's Affordable Housing Funds Policies and Procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's Affordable Housing Funds Policies and Procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the Affordable Housing Funds Policies and Procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation 11C-15 loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner - occupied housing. (4) A developer receiving funding from the Inclusionary Housing Fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer opting for the in lieu payment option or receiving funding from the Inclusionary Housing Fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged and should provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project in accordance with Public Contract Code §§ 2601-2602. Sec. 41-1910. -Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration before the end of calendar year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff shall report on the effectiveness of this ordinance and provide options for council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. (b) Prior projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015, may either construct the inclusionary units pursuant to the prior housing opportunity ordinance (Ordinance No. NS-2825) or pay an in lieu fee calculated by the formula under the prior housing opportunity ordinance (Ordinance No. NS-2825) or request to revise its inclusionary housing plan and/or inclusionary housing agreement and pay an in -lieu fee of nine dollars and thirty-five cents ($9.35) per square foot of habitable space for the entire project's inclusionary housing obligation. (c) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (d) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by 11C-16 eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. - Reserved. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 12020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: '(Z-1' � (. 46;7�- Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 11C-17 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers [61:4:4919loy TMr*.]1IFGTI0rX1IF-AIle]►rGl►1exelUN101F-AlIIwo I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 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 11C-18 Exhibit 2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 41, ARTICLE XVIII.I (HOUSING OPPORTUNITY ORDINANCE) OF THE SANTA ANA MUNICIPAL CODE TO MODIFY APPLICABILITY AND VARIOUS IMPLEMENTATION PROVISIONS OF THE ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. In Santa Ana, as in other cities in California, there has been a deficit in much needed housing. It is difficult to meet the many housing needs which include, but are not limited to: increasing the housing supply and mix of housing types, rental or ownership opportunities, affordability, promoting infill development and socio- economic equity, the protection of environmental resources, and the encouragement of efficient development patterns. B. In 2015, the City amended its Housing Opportunity Ordinance (HOO) in the Santa Ana Municipal Code (SAMC Sections 41-1900 through 41-1910) to require the construction of affordable units on or off -site or the payment of an in -lieu fee in the amount of $5.00 per square foot of habitable space for projects consisting of 5-20 units, and the payment of an in -lieu fee in the amount of $15.00 per square foot of habitable space for projects with over twenty (20) units. C. In addition to the housing crisis, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-Co V-2," and the disease it causes has been named "coronavirus disease 2019", abbreviated COVID-19 ("COVID-19"). D. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19. E. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 11C-19 Exhibit 2 F. The Orange County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19. G. On March 17, 2020, the Santa Ana City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an expedient response to the COVID-19 pandemic. H. As a result of the public health emergency and the precautions recommended by health authorities, City Hall and the public counters for development processing and permit applications in Santa Ana were closed to the public from March 18 through June 1, 2020, thereby limiting the processing of development applications, delaying development projects that were already approved, and thereby impacting development activities in the city for over 10 weeks. The City Council of the City of Santa Ana is concerned about the unplanned detrimental effects caused by COVID 19 on the local economy and the development and construction of housing in the City. These unforeseen issues are of grave concern as it is imperative for the City to maintain a steady stream of housing units in the pipeline at all times. J. As a result of current world events, construction of single-family homes plummeted to its slowest pace in several years. Single-family housing starts dropped 17.5 percent while multifamily housing starts (5 or more units in a structure) fell 32.1 percent in April and were down 3.9 percent from a year earlier. K. Lack of housing units in the City of Santa Ana is a threat to public health and safety and requires urgent intervening action by the City Council. L. In an effort to combat the anticipated severe negative effects that a reduction in the availability of housing units in the City of Santa Ana will cause to the City and its residents, the City Council has determined that a reduction in the HOO fee will serve as an incentive and a catalyst for builders to initiate construction of housing in the City and for the City to continue providing quality housing opportunities in the City. M. The Santa Ana City Council finds that the construction of new housing units will also stimulate the economy by providing jobs and the City is committed to encouraging that end result. N. The Santa Ana City Council finds that requiring projects with over twenty units to pay the full $15.00 per square foot in -lieu housing fee would pose a serious threat to the public interest, health, safety and welfare for the following reasons: (1) It would adversely impact the development of housing projects in the city; 11 C-20 Exhibit 2 (2) It would adversely affect the number of housing developments in the pipeline; (3) It would cause a decline in the available housing stock; (4) It would put residents at risk for homelessness; (5) It would cause a decline in housing units available at diverse price points; and (6) It would risk the public health, safety and welfare of the City residents needing adequate housing. O. The City Council of the City of Santa Ana desires to use the inclusionary housing fund to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city with the priority on creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units. This includes, but is not limited to, the purchase and rehabilitation of units for sale and the recapturing of affordable housing units at risk of market conversion. Monies may also be used to pay for one-time programs for code enforcement, and quality of life and general health and safety activities. P. The Request for Council Action for this ordinance dated August 18, 2020, and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. The Santa Ana City Council hereby finds, determines and declares that Santa Ana Municipal Code Chapter 41, Article XVIII.I is hereby amended and restated, in its entirety as follows: U:49 [dI WMA I I N=:19111,91.ICYOU OQ:4 ill.I kWKS]N 911.1e7,Is] ;I Sec. 41-1900. - Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The 11 C-21 Exhibit 2 purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments or the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the General Plan. Sec. 41-1901. - Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate —income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development Agreement means an agreement approved by the City Council between a property owner and the City pursuant to Government Code section 65864, et seq. Entitled Residential Project means a development project that includes residential units subject to the provisions and applicability of this Article WILL that received entitlement approvals by City Council action between August 4, 2015 and August 17, 11 C-22 Exhibit 2 2020 to construct the residential project and which has not been issued a building permit prior to August 18, 2020. A list of the currently Entitled Residential Projects is attached hereto as Exhibit A and is incorporated by reference. Executive director means the executive director of community development for the city. General Plan means the adopted general plan for the City of Santa Ana Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to very low, low, or moderate income households, at an affordable housing cost, in compliance with this article. Low-income units and very low-income units means inclusionary units restricted to occupancy by low or very low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by Moderate -income households at an affordable housing cost. Prior project means any project for which an application was submitted and the application was deemed complete prior to August 4, 2015. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or 11 C-23 Exhibit 2 The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as - needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. - Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new residential project comprised of twenty (20) or more residential lots or residential units located within the city, including new construction, and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this article shall apply to any new residential project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by the General Plan at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable density permitted by the General Plan. (2) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the density permitted by the General Plan. (3) Convert rental units to condominium ownership. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the density permitted by the General Plan. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be sold to moderate income households. 11 C-24 Exhibit 2 (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of the units shall be rented to low-income households, or ten (10) percent rented to very low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low income household(s) shall be required to provide on -site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. - Exempt projects. The following are exempt from the requirements of this article (a) Applications deemed complete. Applications that include a residential project for which a development application has been deemed complete prior to November 28, 2011. (b) Development agreements. A residential project that is the subject of a Development Agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article or provides for a different amount of inclusionary units from that specified by this article, provided the Development Agreement was adopted on or before November 28, 2011. (c) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (d) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II —Adaptive Reuse. Sec. 41-1904. - Options to satisfy inclusionary requirements. 11 C-25 Exhibit 2 (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1901, above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1Yz) habitable square feet per each required habitable square foot of inclusionary units. 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) More than 20 units. A Residential Project comprised of more than twenty (20) residential lots or residential units, the developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be five dollars per square foot ($5.00/ft. 2 ) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (2) Entitled Residential Projects. The applicant(s) of an Entitled Residential Project (see Exhibit A) may either construct the inclusionary units or pay an in lieu fee as follows: (i) Twenty (20) or fewer units. In the case of an Entitled Residential Project containing between five (5) and twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing 11 C-26 Exhibit 2 some or all of the required units. The amount of the fee allowed by this section shall be five dollars per square foot ($5.00/ft.) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (ii) More than 20 units. In the case of an Entitled Residential Project comprised of more than twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be ten five dollars per square foot ($10.00 5.00/ft.) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. The in lieu fee amount allowed herein by this subsection shall revert to fifteen dollars per square foot ($15.00) on April October 1, 2021 for any construction which adds net residential units, which has City -approved entitlements, that has not been issued a building permit by April October 1, 2021. (iii) A Residential Project that has been entitled and approved with conditions to pay a specific in lieu fee or has a city council approved Development Agreement to pay a specific in -lieu fee shall comply with the conditions or the Development Agreement as approved and shall not be modified by this Ordinance. (3) Timing of payment. The developer shall pay the in -lieu fees allowed by this section prior to issuance of the building permit for any construction which adds net residential units. The developer may provide input regarding what project the in lieu fees should be applied towards, but such input shall not be dispositive. The in lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (4) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. Sec. 41-1904.1. - Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: 11 C-27 Exhibit 2 (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2Yz) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale Residential Project proposing to provide on -site Moderate Income Units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. Sec. 41-1905. - Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. (2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the 11 C-28 Exhibit 2 inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. - Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off - site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. 11 C-29 Exhibit 2 (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. 11 C-30 Exhibit 2 (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including but not limited to promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. - Reserved. Sec. 41-1908. - Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this 11 C-31 Exhibit 2 article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's Affordable Housing Funds Policies and Procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's Affordable Housing Funds Policies and Procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the Affordable Housing Funds Policies and Procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation 11 C-32 Exhibit 2 loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner - occupied housing. (4) A developer receiving funding from the Inclusionary Housing Fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer opting for the in lieu payment option or receiving funding from the Inclusionary Housing Fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged and should provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project in accordance with Public Contract Code §§ 2601-2602. Sec. 41-1910. -Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration before the end of calendar year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff shall report on the effectiveness of this ordinance and provide options for council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. (b) Prior projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015, may either construct the inclusionary units pursuant to the prior housing opportunity ordinance (Ordinance No. NS-2825) or pay an in lieu fee calculated by the formula under the prior housing opportunity ordinance (Ordinance No. NS-2825) or request to revise its inclusionary housing plan and/or inclusionary housing agreement and pay an in -lieu fee of nine dollars and thirty-five cents ($9.35) per square foot of habitable space for the entire project's inclusionary housing obligation. (c) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (d) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by 11 C-33 Exhibit 2 eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. - Reserved. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 12020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney LIM Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 11 C-34 Exhibit 2 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 that the attached Ordinance No. NS-XXXX 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 11 C-35 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: ORDINANCE SECOND READING: APPROVE AMENDMENT APPLICATION NO. 2020-01 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 96 (SD-96) FOR THE PROPERTIES LOCATED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE /s/ Kristine CITY MANAGER RECOMMENDED ACTION 1. Place ordinance on second reading and adopt; and CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 2. Authorize the City Manager to execute an Indemnification Agreement with Arrimus Capital (Applicant) subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 18, 2020, the City Council, by a vote of 5:2, took the following actions to facilitate construction of the Warner Redhill Mixed -Use Development: 1. Adopted a resolution certifying Final Environmental Impact Report No. 2020-01 (SCH No. 2019080011), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Adopted a resolution approving General Plan Amendment (GPA) No. 2020-02 to change the General Plan land use designation of the project site. 3. Passed to print an ordinance approving Amendment Application (AA) No. 2020-01 to establish Specific Development No. 96 (Exhibit 1). 4. Adopted a resolution with findings overruling the Orange County Airport Land Use Commission's determination of inconsistency for the project with the Airport Environs Land Use Plan for John Wayne Airport. During the August 18, 2020 hearing, the City Council asked what measures would be in place to protect the City from future liability associated with the overruling action by the City of the Orange County Airport Land Use Commission's (ALUC) determination of inconsistency for the project with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. Staff clarified that the 11 D-1 Second Reading for AA No. 2020-01 (Warner Redhill Mixed -Use Development) September 1, 2020 Page 2 project has been conditioned to record an Avigation Easement and to indemnify the City for all potential future legal actions and liabilities associated with the overrule action. Following the City Council meeting, additional questions were raised pertaining to the details of the indemnification to be provided by the Applicant. In response to these questions, staff has prepared an Indemnification Agreement to provide clarity and scope of indemnification. A copy of the Indemnification Agreement executed by the applicant and property owner is attached (Exhibit 2) for the City Council to review and approve. The Agreement's main components include: • The Applicant will indemnify and hold the City harmless from any and all claims including property damage, personal injury and/or lawsuits brought against the City related to or associated with the City overruling the ALUC's Determination of Inconsistency for the Project. • The Applicant will pay for the defense of any and all Claims brought against City and that the Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. • The Agreement shall be recorded against the property and shall run with the land to the benefit of the City. Submitted by: Minh Thai, Executive Director/Planning and Building Agency Exhibits: 1. Ordinance for Amendment Application No. 2020-01 2. Indemnification Agreement 11 D-2 Exhibit 1 LS 8.18.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2020-01 REZONING THE PROPERTY LOCATED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE FROM LIGHT INDUSTRIAL (M- 1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND ADOPTING SD-96 FOR SAID PROPERTY 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: WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land regulation; the location, height, bulk and size of buildings and structures, the size of yards and open space; the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement; and WHEREAS, the regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City; and WHEREAS, the City of Santa Ana has adopted a zoning map which has since been amended from time to time; and WHEREAS, Jeremy Ogulnick, representing Arrimus Capital ("Applicant"), seeks to develop a Mixed -Use Commercial and Residential Project ('proposed Project'), on a 14.69-acre site at 2300, 2310, and 2320 South Redhill Avenue in Santa Ana, California ("Project Site"); and WHEREAS, during the City's entitlement and environmental review process, and in response to comments and concerns raised by the City and public, the Applicant has proposed the subject mixed -use Project; and WHEREAS, the Project as currently proposed entails, among other things, (1) demolition of the existing three (3) structures on the Project Site; (2) redevelopment of the Project Site with a commercial and residential mixed -use development consisting of up to 80,000 square feet leasable commercial area, 1,100 residential units, 2,600 onsite parking spaces, and onsite landscaping and amenities; (3) approval of General Plan Ordinance No. NS-XXXX Page 1 11 D-3 Amendment (GPA) No. 2020-02, which would change the Project Site's existing land use designation of Professional & Administration Office (PAO) to District Center (DC); and (4) approval of Amendment Application (AA) No. 2020-01, which would change the zoning of the Project Site from Light Industrial (M-1) to Specific Development No. 96 (SD-96) designation; and WHEREAS, Applicant agrees to execute a Mutual Declaration of Acknowledgement and Acceptance of Approval Conditions, signed by the developer and property owner and recorded against the development property, attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, the requested Amendment Application would change the zoning designation of the property from Light Industrial (M-1) to Specific Development No. 96 (SD-96) and adoption of Specific Development No. 96 to reflect this change in order to facilitate the construction of the proposed Project; and WHEREAS, Environmental Impact Report No. 2020-01 (State Clearinghouse/SCH No. 2019080011) for the proposed Project was circulated between January 3, 2020 to February 18, 2020; and WHEREAS, the Environmental Impact Report analyzed the impacts related to the proposed amendment to the zoning map and adoption of Specific Development No. 96; and WHEREAS, during the public comment period, a Planning Commission work- study session was held on February 10, 2020 where staff presented proposed Project and described the Draft EIR; and WHEREAS, on May 11, 2020 and May 26, 2020, the Planning Commission conducted a duly noticed public hearing to consider the EIR and the GPA, and AA applications described above. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the EIR and adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and approve the Project; and WHEREAS, on August 6, 2020, the City gave public notice of a City Council public hearing for consideration of Environmental Impact Report No. 2020-01 (State Clearinghouse No. 2019080011) by advertising in the Orange County Register, a newspaper of general circulation, and by mailing to owners of property and residents within 500 feet of the Project; and WHEREAS, on August 18, 2020, the City Council conducted a duly noticed public hearing to consider the EIR, General Plan Amendment No. 2020-02, and Amendment Application No. 2020-01 and at which hearing members of the public were afforded an opportunity to comment upon Environmental Impact Report No. 2020-01. After hearing all relevant testimony from staff, the public and the City's consultant team, Ordinance No. NS-XXXX Page 2 11 D-4 the City Council voted to certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and approve the Project; and WHEREAS, the "EIR" consists of the Final EIR and all attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council has reviewed and certified Environmental Impact Report No. 2020-01; adopted the Mitigation Monitoring and Reporting Program (MMRP); and adopted the Statement of Overriding Consideration for the proposed Project, including this Amendment Application No. 2020-01. SECTION 3. AMENDMENT APPLICATION: The Amendment Application consists of amendments to the zoning map (SDM IRS-9) and adoption of Specific Development No. 96, as shown in Exhibit A and Exhibit B respectively, attached hereto and incorporated herein by reference. SECTION 4. LOCATION OF DOCUMENTS: The Amendment Application, Environmental Impact Report and all supporting documents are online, on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. SECTION 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs as amended by General Plan Amendment No. 2020- 02 in that: A. The proposed Amendment Application will not adversely affect the public health, safety, and welfare in that the Amendment Application will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. B. The amendment application to change the zoning designation from Light Industrial (M-1) to Specific Development No. 96 (SD-96) is consistent with Santa Ana Municipal Code section 41-593.1 for the following reasons: (1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. Ordinance No. NS-XXXX Page 3 11 D-5 The project's site plan has been designed to integrate the project site into the surrounding community. The development's primary access points will be from a right -in, right -out driveway on Redhill Avenue, and from a signalized intersection on Warner Avenue. These access points have been designed to ensure the safety of residents and visitors of the project site, as well as commuters, employees, and residents of the surrounding community. Onsite circulation has been designed to ensure a high -quality pedestrian experience, with wide sidewalks, a central paseo, and plazas and courtyards that buffer or separate pedestrians from onsite vehicular traffic. Moreover, the project has been broken into four primary buildings and two freestanding commercial pads, which reduces the overall massing of the project and creates a more pedestrian -scale village of buildings onsite. The two future roadway connections on the project site will allow the development to become integrated with the adjacent site to the southwest, should an application for redevelopment be approved. (As of the date of this ordinance, no application for redevelopment of the adjacent site to the southwest has been submitted for the City's consideration). (2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected. The project's six buildings on the 14.69-acre site are designed in a cohesive manner with unifying materials, floor heights, and articulation using contemporary architecture in an "industrial tech" style. High -quality building materials will ensure long-term durability and maintaining high value of the project, including metal trim, awnings, railing, slats, and cladding; brick veneers and high -quality light sand finish stucco; glass railing; and poured concrete forms. Onsite furniture and details, such as lighting, waste receptacles, benches, tables, and open space areas, have been designed to complement the site's contemporary architecture. High ground -floor window and ceiling heights will contribute to the high -quality commercial component of the project site, which has been designed to create a dynamic, commercial and residential village. These finishes and designs are consistent with the development standards and design guidelines found in the City's mixed -use zoning areas such as the Transit Zoning Code and Metro East Mixed Use (MEMU) Overlay Zone, as well as the Citywide Design Guidelines. Ordinance No. NS-XXXX Page 4 11 D-6 Open space and amenities will be provided on the site in a variety of means, including private unit balconies and patios, amenity decks atop parking structures, ground -level courtyards, the central paseo, and the central plaza. The resident open space areas will contain pools, courtyards, exercise areas, relief areas for pets, and other amenities typical to high -quality mixed - use developments found in Santa Ana and in Orange County. Based on a standard of two (2) acres of public park and/or recreational area per 1,000 residents (SAMC Sec. 35-108), the proposed project would require 4.2 acres of parkland to serve the new residents. The onsite total proposed open space is 183,363 square feet (4.21 acres), which is consistent with the SAMC standard and with other mixed -use projects that provide their own onsite public and private open space areas. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may, in the judgment of the city, be required for the systematic execution of the general plan. With approval of General Plan Amendment No. 2020-02, the Project will be consistent with the General Plan Land Use Element. Although the Project requires an amendment to the Land Use Element to allow for residential use of the property, the Project still supports and is consistent with several other overarching goals and policies of the General Plan. For example, as described in the associated General Plan Amendment No. 2020-02: Housing Element Goal 2, to create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Land Use Element Goal 4, to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Urban Design Element, Goal 1, to improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. (4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. Ordinance No. NS-XXXX Page 5 11 D-7 The proposed development contains a large commercial component of 80,000 square feet of leasable retail, service, and restaurant area. This volume of commercial space complements the residents, visitors, and employees working and living on and around the project site. The 80,000 square feet of leasable commercial area is among the largest commercial components proposed in recent mixed -use developments. For comparison, the Elan project (1660 East First Street) approved in 2018 contains 603 residential units and 20,000 square feet of commercial space; the First American redevelopment (114 East Fifth Street) approved in 2019 contains 220 residential units and 12,350 square feet of commercial space, and The Heritage (2001 East Dyer Road), which is under construction nearby, contains 1,221 residential units and 18,400 square feet of net new commercial square footage. The mixture of land uses on the project site, including residential, commercial, and open space, will contribute to the formation a dynamic mixed -use village. The commercial and open space components will serve both residents and visitors of the project site, as well as the large daytime employee population working in the project site's immediate vicinity. (5) Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. The mixed -use development will utilize existing water, sewer, and drainage infrastructure and will not result in the expansion of infrastructure. In addition, the Project will not result in the expansion of new or altered police or fire facilities. The Project will be subject to utility user tax, property taxes based on the valuation of the new construction and management company business taxes. The building facades and new landscaping are designed to deter graffiti, existing sidewalks will be removed and replaced with new sidewalks that are constructed to current City standards, new street lights will be installed and the City's Building Security Ordinance will be implemented which includes security and crime preventing measures to help reduce City expenditures on public services and maintenance. In addition, the development will be subject to all required development impact fees. Ordinance No. NS-XXXX Page 6 11 D-8 SECTION 6. INDEMNIFICATION. A. General Indemnification. 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. B. Further Indemnification. Within five (5) days of receipt of a referendum petition by the City, Applicant shall deposit Fifty Thousand Dollars ($50,000) (`Referendum Deposit") with the City. City may use the funds to pay any and all costs associated with said referendum measure. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Applicant shall, within three (3) days of receiving notice from the City, deposit with the City additional funds as requested by the City to cover all costs and expenses associated with processing the referendum and holding the related election. Following certification of the election results, any funds remaining in the Referendum Deposit account shall be returned to the Applicant. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 7 11 D-9 SECTION 8. CITY COUNCIL ACTIONS: The City Council hereby takes the following actions: 1. The City Council hereby adopts an Ordinance approving Amendment Application No. 2020-01 as follows: A. Subject to compliance with the adopted Mitigation Monitoring and Reporting Program, the property at 2300, 2310, and 2320 shall be amended to Specific Development No. 96 and the Specific Development No. 96 plan shall be adopted as set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference. B. The Amendment Application shall not take effect unless and until Environmental Impact Report No. 2020-01 and General Plan Amendment No. 2020-02, are each certified and approved by the City Council. SECTION 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof. ADOPTED this day of 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:�4 L- (- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS-XX)(X Page 8 11 D-10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 9 11D-11 ZONING DISTRICTS Al GENERAL AG RICU LTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE -OZ OVERLAYZONE CFMD COMMUNITY COMMERCAL-MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE PRD DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE OZ1 METRO EAST OVERLAYZONE SECTIONAL DISTRICT MAP: IRS-9 e CITY OF SANTA ANA, CALIFORNIA Exhibit: 11 D-12 THE WARNER REDHILL MIXED -USE SPECIFIC DEVELOPMENT No. 96 Table of Contents 1. Introduction and Applicability of Ordinance ..............................................Page 3 a. Specific Development Location ....................................................Page 3 2. Purpose and Objectives.......................................................................Page 4 3. Land Use and Zoning.........................................................................Page 4 a. Density and Intensity.................................................................Page 4 b. Permitted Uses........................................................................Page 5 c. Development Standards.............................................................Page 6 d. Off -Street Parking Standards .......................................................Page 7 e. Open Space Requirements .........................................................Page 7 f. Walls/ Fences..........................................................................Page 7 4. Design and Performance Standards ......................................................Page 8 a. Materials, Finishes and Colors .....................................................Page 8 b. Exterior Lighting.......................................................................Page 8 c. Refuse Collection and Trash Enclosure .........................................Page 8 d. Utility and Mechanical Equipment .................................................Page 8 5. Public Realm and Landscape Design .....................................................Page 9 6. Signage and Wayfinding......................................................................Page 9 7. Public Art........................................................................................Page 10 8. Property Safety and Maintenance........................................................ Page 10 a. On -Site Property Manager ........................................................Page 10 b. Maintenance..........................................................................Page 10 c. Crime Free Housing................................................................ Page 10 d. Building Security......................................................................Page 10 e. Emergency Evacuation Plan ......................................................Page 11 f. On Going Property Maintenance ................................................Page 11 g. Avigation Easement.................................................................Page 12 Figures Figure 1: Specific Development Area ..........................................................Page 3 Tables Table 1: Permitted Uses..........................................................................Page 5 Table 2: Development Standards...............................................................Page 6 SECTION 1 — INTRODUCTION AND APPLICABILITY OF ORDINANCE The purpose of The Warner Redhill Mixed -Use Specific Development (SD) zone (SD- 96) is to guide the redevelopment of an existing industrial site into a mixed -use and pedestrian oriented development. SD-96 is authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC). SD-96 contains specific standards and regulations for the purpose of establishing land use regulations and development and operational standards for the development site. All other applicable Chapters, Articles, and Sections of the SAMC are in full effect unless expressly superseded by regulations contained within this specific development. A. Specific Development Location The specific development site is 14.37 acres and is located at 2300, 2310, and 2320 South Redhill Avenue in the City of Santa Ana. The site is located at the southwest corner of Redhill Avenue and Warner Avenue. Regional access to the site is provided via the Costa Mesa (SR-55) Freeway at the Dyer Road exit. Access to the site is provided by Red Hill Avenue and Warner Avenue. The site is located within the southeastern most portion of the City of Santa Ana adjacent to the cities of Tustin and Irvine and the Tustin Legacy Specific Plan and the Irvine Business Complex. N - Project Site �I SECTION 2 — PURPOSE AND OBJECTIVES The specific development is intended to redevelop an industrial site into a mixed -use and pedestrian oriented community. Located at one of the City's southeastern gateways, the specific development will function as a key focal center, and serve to link Santa Ana to surrounding industrial, commercial and residential areas. SD-96 will meet the following objectives: 1. Facilitate development of a mixed -use village containing commercial and multi- family residential buildings, which would help meet the region's demand for housing. 2. Transform an underutilized site with an economically viable development consistent with other regional redevelopments in the Tustin Legacy Specific Plan and Irvine Business Complex (IBC) and combines residential uses with community -serving retail near employment opportunities, freeway access, and transit. 3. Redevelop existing land uses that would utilize existing infrastructure, including: water, sewer, arterial roadways, transit, and freeways; and provide non -vehicular (pedestrian and bicycle) circulation. 4. Develop a mix of housing to assist the City in meeting its jobs/housing balance. 5. Provide onsite uses that reduce vehicular miles traveled (VMT) by providing an internal pedestrian circulation system that links residential uses, recreation areas, and retail/commercial areas onsite. 6. Implement the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Land Use Policies related to population and housing by providing additional housing near employment centers. SD-96 establishes standards and regulations for protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — LAND USE AND ZONING A. Density and Intensity The maximum authorized building density and intensity for the project is a floor area ratio (FAR) of 2.06, including residential areas, community -serving areas (e.g., leasing office, gym and club room), commercial components, and interior corridors. The maximum residential density permitted is 77 dwelling units per acre. 1�1 C�- B. Permitted Uses 1. SD-96 permits the development of a mixed -use community consisting of 80,000 square feet of leasable commercial area to be constructed in conjunction with a residential component consisting of up to 1,100 residential units configured in live/work, stacked dwelling, lined block, or podium configurations. 2. This section identifies the permitted, conditional, and accessory or temporary uses within the SD-96 area. Uses in the table are permitted subject to the permit criteria referenced. Uses identified by a "P" are permitted by right, those identified by a "CUP" are subject to a Conditional Use Permit, and those identified by "LUC" are subject to a Land Use Certificate. Table 1: Permitted Uses Land Use Types SD-96 Additional Use Regulations Commercial/retail and service uses such as bakeries, bookstores, art galleries, food/grocery P stores (retail market), pet stores and similar uses. Office uses. Professional, administrative and business offices providing personal and P professional services, including medical and dental offices, architects/engineers, and similar uses. Service oriented office uses including insurance, real estate, travel, finance (including walk-up ATMs), creative office co -working (WeWork, P Common Desk, etc.), beauty salons, and similar uses. Health and Fitness Clubs P Tattoo/Body art establishment P Restaurants, cafes and eating establishments P Outdoor dining P Multi -family apartments and/or condominiums and associated leasing offices and recreational/fitness P facilities. Live/work lofts P Alcohol sales for on -site or off -site consumption CUP Subject to SAMC Sec. 41-196 Limited artisan/craft manufacturing, ancillary to a CUP primary allowed use Pick-up windows P Food vending vehicles LUC Subject to Article XIV Temporary outdoor activities LUC Subject to SAMC Sec.41-195.5 __V4-17__ Land Use Types SD-96 Additional Use Regulations Businesses operating between 12:00 a.m. CUP (midnight) and 7:00 a.m. Subject to SAMC Sec. Major wireless communication facilities CUP 41-198 Subject to SAMC Sec. Minor wireless communication facilities LUC 41-198 Any use not included shall be considered prohibited unless deemed to be similar to an allowable use as interpreted by the Executive Director of the Planning and Building Agency or his/her designee. C. Development Standards The development standards for SD-96 are subject to and shall comply with the development approved plans per Development Project No. 2019-06 (DP No. 2019-06) and the approved Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Attachment A and Attachment B for reference. The plans shall govern in the event there is a conflict between the SD and the project plans. The following standards in Table 3 are minimums unless otherwise indicated. Table 2 — Development Standards Item Standard Density 77 dwelling units per acre Floor Area Ratio (FAR) 2.06 Minimum Lot Size 14 acres (entire specific development area) Building Height 7 Levels; 94 feet (not including subterranean levels) Building Setbacks: Redhill Avenue Setback 10 feet minimum Warner Avenue Setback 8 feet minimum Interior Property Line Setback 10 feet minimum Outdoor Dinning Setbacks: Redhill Avenue Setback 6 feet minimum Table 2 Notes: (1) Prior to the issuance of building permits, any and all subdivision maps, lot line adjustments, or voluntary lot mergers shall be approved and recorded. �iq- kJ1 D. Off -Street Parking Standards The minimum off-street parking requirements for the development is as follows: 1. Two (2) vehicle parking spaces per residential unit, not to be less than 2,200 residential parking spaces; 2. Five (5) vehicle parking spaces per 1,000 square feet of gross floor area of leasable commercial space, achieved through 351 parking spaces and 49 valet service spaces as administered per the approved Parking Management Plan, attached hereto as Attachment C; 3. One (1) bicycle parking space per five (5) residential units and one (1) space per each 7,500 square feet of commercial space; and 4. One (1) motorcycle parking space per every 250 vehicle parking spaces. E. Open Space Requirements The development shall provide open space, public plazas and pedestrian paseos as shown on the approved plans. 1. Common Open Space: The project will provide a minimum of 15 percent of the total lot size shall be open space in the form of common, landscaped open space areas, pools, spas, deck, courtyard and lobby, interior community room, dining room, gym, business room, etc. 2. Private Open Space: Each residential unit shall have a patio or balcony of a minimum size of 50 square feet. F. Walls/Fences A new solid block wall with a minimum height of seven (7) feet shall be constructed along the project site's entire perimeter, except in street -side landscape setback areas. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. Fences/walls along Redhill Avenue and Warner Avenue properties lines are prohibited. SECTION 4— DESIGN AND PERFORMANCE STANDARDS This section provides standards and guidelines to ensure the development is of high quality and cohesive and to facilitate exterior alterations to the development. A. Materials, Finishes and Colors Exterior building and exterior parking structure materials, finishes and colors for the project shall comply with the approved materials board submitted for the project and as approved by the Planning and Building Agency Executive Director. Any changes to the materials, finishes and colors shall be approved by the Planning and Building Agency Executive Director. All trash enclosures and similar ancillary structures shall match the texture, material and color of the primary building. Double -paned windows shall be installed for the project as a means to further reduce noise levels. B. Exterior Lighting An exterior lighting plan for the security and safety of on -site areas such as building entrances, parking, loading, pedestrian walkways, alley walkways and open space areas shall be provided to the Planning and Building Agency Director for review and approval. A minimum of one foot-candle evenly distributed across a parking lot is recommended. At entrances and loading areas, up to 2 foot-candles may be appropriate. Decorative night lighting is required. Low energy lights, such as LED lights or solar powered lights, shall be used whenever possible. Light fixtures and their structural support shall be designed to be architecturally compatible with the main buildings on -site. Direct glare onto adjoining property, streets, or skyward shall be avoided. All lighting fixtures shall be shielded to confine light spread on -site. C. Refuse Collection and Trash Enclosure Bins for recycling and any other refuse mandated by the State of California shall be provided for all uses in trash enclosures. There shall be an onsite designated trash staging area only to be used on service days and the staging area and bins shall not disrupt vehicular use of streets or drive aisles. The minimum requirements needed to service the development shall be clearly indicated on the plans and subject to the approval of the Public Works Agency. D. Utility and Mechanical Equipment All utility lines shall be placed underground except where required to be above -ground by utility providers. Where equipment is located above -ground, it shall be screened from public view. This includes all ground, wall, and roof mounted equipment. Screening elements shall be an integral part of the building; no screening method shall give the appearance of being "tacked on." Typical ground -mounted equipment shall be adequately screened with decorative walls and/or landscaping. SECTION 5 — PUBLIC REALM AND LANDSCAPE DESIGN STANDARDS A detailed and comprehensive Public Realm and Landscape Plan shall be submitted to the Planning and Building Agency Executive Director or his/her designee for review and approval prior to the issuance of building permits. The plan shall comply with the City's Water Efficient Landscape Ordinance (WELD) Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute (G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. The plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged. The plan shall include details of site furnishings. Site furnishing should be compatible in style with the buildings and selected to bring comfort, scale and design expression to the streetscape. These must also be highly durable and easy to maintain. Planters and pots should be used to complement the project architecture and other site amenities; avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of the furniture palette should be uniform. Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner shall be responsible for maintaining all common area landscaping within the development. SECTION 6 — SIGNAGE AND WAYFINDING A comprehensive sign program shall be submitted for review and approval by the Planning and Building Agency Executive Director or his or her designee prior to the issuance of building permits. The sign program may include creative signage where the contents and standards of the sign program are not consistent with the Santa Ana Municipal Code, provided the sign program complements the form and function of the building and contributes to the aesthetics of the project. SECTION 7 — PUBLIC ART A Public Art Program shall be submitted to the Planning and Building Executive Director for review and approval prior to the issuance of building permits. Public Art shall be installed and maintained with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the development. Total construction cost shall mean all design, engineering and construction costs. SECTION 8 — PROPERTY SAFETY AND MAINTENANCE A. On -Site Property Manager The specific development area shall include 24-hour on -site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall be provided to the following City Agencies on an ongoing basis: 1. Police Department, 2. Fire Authority, 3. Planning and Building Agency, and 4. Community Development Agency. B. Maintenance The property shall be maintained free of trash, debris and graffiti. Graffiti shall be removed within 24-hours after its appearance in accordance with Section 10-227 of the Santa Ana Municipal Code. C. Crime Free Housing Prior to submittal into building plan check, a Crime Free Housing Plan shall be submitted for review and approval by the Planning and Building Agency Director. The Plan shall be approved prior to occupancy of the first unit and shall be implemented and administered by the Owner. D. Building Security. All structures and parking lots shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). E. Emergency Evacuation Plan. An approved Emergency Evacuation Plan (EEP) from City Police and Fire Protection agencies shall be on file for the project. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: 111 Q 22 1. Police Department 2. Orange County Fire Authority 3. Planning and Building Agency 4. Community Development Agency F. On Going Property Maintenance. Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Developer) 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: 1. 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.); 2. 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); 3. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; 4. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon at all times (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); 5. If Developer 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 maintenance agreement and both shall be jointly and severally liable for compliance with its terms; 6. 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 1i1 Q-23 the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; 7. 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; and S. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. G. Avigation Easement. Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Developer) shall, prior to issuance of a building permit, execute and record an avigation easement on the area governed by this specific development. 1i1 Q-Z4 ATTACHMENT A: Attached to the Agenda as "Plans." ATTACHMENT B: Attached to the Staff Report as Exhibit B to Exhibit 2 ATTACHMENT C: Attached to the Staff Report as Exhibit 7 1i1 Q-25 EXHIBIT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Planning Division 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 FREE RECQRDING GOVERNMENT CODE § 27383 DEFENSE AND INDEMNIFICATION AGREEMENT "Phis Defense and Indemnification Agreement ("Agreement") is made and entered into this day of August 2020, by and between , ("Property Owner") and Arrimus Capital Investments, LLC ("Applicant"), 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"). Property Owner and Applicant, and their heirs and assigns, shall be collectively referred to as "Developer" herein. City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party". RECITALS A. The Developer has submitted formal applications to the City for the approval of a mixed -use development project, to be located at 2300, 2310 and 2320 S. Red Hill Avenue, Santa Ana, as more particularly described in the legal description set forth in Exhibit "A" attached hereto and incorporated herein ("Property" or "Project"). B. California Public Utilities Code (PUC) Section 21676(b) requires the City of Santa Ana to refer projects requiring a general plan amendment or a zone change to the Orange County Airport Land Use Commission (AL0C) for consistency with the 2008 John Wayne Airport (JWA) Environs Land Use Plan (AELUP). C, The ALUC is charged with the adoption of an AELUP, establishing guidelines for compatible development in the vicinity of an airport within the jurisdiction of the County of Orange. POC Section 21670(a) sets forth the fundamental purpose of the ALUC as: (1) "... to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems" and (2) "... to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses". D. On May 21, 2020, the ALUC found the proposed Project to be inconsistent with 11 D-26 M,.,M,..m'm the 2008 JWA AFLUP by a 6-0 vote. ALUC's findings were made pursuant to AELUP Sections 1.2 and 2.1.4, and PUC Section 216749(a). These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare". E. On May 26, 2020, the Planning Commission held a duly noticed public hearing on the entitlements for the project. Prior to the Planning Commission taking action on the item, staff provided a verbal update informing the Commission regarding ALUC's determination made on May 21, 2020, after the publication of the staff report to the Commission, that the project was inconsistent with the Airport Environs Land Use Plans [AELUP]. Following staffs presentation, and holding the public hearing, the Planning Commission voted 5:1:1 to recommend that the City Council approve the required entitlements and environmental documentation for the proposed Project. F. Pursuant to PUC Section 21676(b), the City may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of Article 3.5 Airport Land Use Commission of the PUC. At least 45 days prior to the decision to overrule the ALUC, the local agency governing body shall provide the ALUC and the State Division of Aeronautics a copy of the proposed decision and findings. The commission and the Division of Aeronautics may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the ALUC and State Division of Aeronautics comments are not available within this time limit, the local agency governing body may act without them. Should comments be received, the City Council must include the comments from the ALUC in the public record of any final decision to overrule the ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. G. On June 16, 2020, the City Council of the City of Santa Ana adopted a resolution (Resolution No. 2020-051) authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the Orange County ALIJC's determination of inconsistency associated with the proposed Project and to provide notice in accordance with PUC Section 21676(b) to the ALUC and the State Division of Aeronautics. H. On June 30, 20202 the Planning Division of the City of Santa Ana provided a Notice of Intent to overrule the Orange County ALUC's determination that the Project is inconsistent with the AELUP of JWA and findings to the ALUC and the State Division of Aeronautics. 11 D-27 On August 6, 2020, the City gave public notice of a City Council public hearing for consideration of overruling ALUC's determination on the proposed Project by advertising in the Orange County Register, a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the Project, and posting a notice on site. On August 18, 2020, after a duly noticed public hearing at which all members of the public were afforded the opportunity to provide their comments and testimony, the City approved the zone change and general plan amendment, overruled the ALIJC's determination of inconsistency of the Proposed Project, and certified the environmental impact report for the Project. All correspondence received by the City from the ALUC, the City of Tustin, and the State of California, Department of Transportation - Division of Aeronautics, have all been included in the public record. K. In order to move forward with the processing of the Project, and to specifically indemnify the City for any property or personal injury damages or claims related to or associated with the City's action to over -rule the ALUC's Finding of Inconsistency, the Parties desire to enter into this Defense and Indemnification Agreement. Property Owner and Applicant, and their successors and assigns, shall be jointly and severally responsible for all obligations of the Developer pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: I. Incorporation of Recitals. The Parties incorporate each of the Recitals in this Agreement as if fully set forth herein. 2. Indemnification and Defense. Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (together with the City, collectively, the "City parties"), harmless from any and all claims including property damage and personal injury claims, demands, lawsuits, writs of mandamus, other proceedings (whether legal, equitable, declaratory, administrative or aqjudieatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions, and any clairn or award of costs, attorneys' fees, and/or expert witness tees incurred in the pursuit of any of the foregoing (collectively "Claims"), brought against the City Parties, related to, arising Out of and/or associated with the City action overruling the ALUC's Determination of Inconsistency for the Project. Developer obligations under this section are subject to the following: 11 D-28 a. City shall promptly notify Developer of any Claims brought and City shall cooperate with Developer in the defense of the Claims. b. Developer's liability under this section shall not apply to any liabilities, losses, claims, actions, causes of action or demands arising from a City Party's negligence, willful misconduct or criminal acts, or to the extent that City fails to provide notice as set forth in subsection (a) above or fails to follow its own procedures for the processing of the Project. G. City shall cooperate with Developer's defense against any such Claims, including providing reasonable access to information, evidence, and potential witnesses necessary to defend against such Claims. d. It is expressly agreed that Developer shall pay for the defense of any Claims brought against City, that the City shall have the right to approve, which approval will not be unreasonably withheld, conditioned or delayed, the Legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. However, nothing herein shall prohibit the City from participating in the defense of any litigation by its own counsel at its own cost and expense. C. Developer shall have the right to settle or compromise any Claims arising hereunder with sole payment obligation; provided, however, that if such settlement or compromise involves the City as a named defendant, Developer shall first obtain the written consent of City, which shall not be unreasonably withheld, conditioned or delayed. 3. Counsel. The Parties represent that they have consulted or have had the opportunity to consult legal counsel prior to the execution of this Agreement and have executed this Agreement with fill lunowledge of its meaning and effect. 4. Term. This Agreement shall be recorded and shall rum with the land to benefit the City, in perpetuity unless and until the Project no longer exists and the City agrees to file and record a release of such Agreement. 5. Bindine. The Parties agree that the terms, conditions and provisions of this Agreement are binding upon, and shall inure to the benefit of, all assigns and successors in interest of each of the Parties hereto. If during the tern of this Agreement, Property Owner transfers ownership of the Property to a new owner, all benefits to and obligations of Property Owner under this Agreement shall automatically transfer to the new owner and thereafter, the term "Property Owner" shall be deemed to mean such new owner. Also in that event, Property Owner shall automatically be released as a Party to the Agreement and no Longer be entitled to the benefits of or be subject to any obligations under this Agreement. fi. Additional Acts. The Parties agree to perform any acts and execute any 11 D-29 documents consistent with the terms and conditions of this Agreement, which may be needed., desired or required to effectuate the teens, conditions and provisions hereof. 7. Entire Agreement. Except as otherwise provided for herein, this Agreement constitutes the entire and only agreement between the Parties with reference to the subject matter hereof and supersedes any prior representation or agreement, oral or written, with respect thereto. The Parties further agree that no representation, warranty, agreement or covenant has been made with regard to this Agreement, except as expressly recited herein and that in entering into this Agreement, no Party is relying upon any representation, warranty, agreement or covenant not expressly set forth herein. 8. No Admissions. Each Party agrees that this Agreement is made in resolution of potentially disputed claims, and that by entering into and performing the obligations of this Agreement, no party concedes or admits the truth of any claim or any fact and the execution and performance of this Agreement shall not be construed as an admission by any Party. 9. Governing Law. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 10. Mutual Drafting.. The Parties agree that this Agreement shall not be construed in favor of, or against, any Party by reason of the extent to which any Party or its counsel participated in the drafting of this Agreement. 11. Amendment. This Agreement can be amended only by a writing signed by each of the Parties hereto. 12. Independent Parties. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the Parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. 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, sent by reputable overnight mail delivery service, mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic or electronic communication in the manner provided in this Section, to the following persons; To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 11 D-30 Facsimile: (714) 647-6956 Courtesy copies to: City of Santa Ana Planning Department 20 Civic Center Plaza (M-20) Santa Ana, CA 92702 Facsimile: and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.Q. Box 1988 Santa Ana, California 92702 Facsimile: (714) 647-6515 Developer: Arrimus Capital Investments, LLC 240 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attn: Chris Lee A party may change its address by giving notice in writing to the other party. Thereafter any notice, tender, demand, delivery, or othor communication shall be addressed and transmitted to the new address. If personally delivered, such communication shall be effective on receipt. If sent by overnight mail delivery service or first class, certified mail, return receipt requested, such communication shall be effective on receipt, rejection or inability to deliver. If sent by facsimile or electronic mail, such communication shall be effective or deemed to have been given twenty- four (24) hours after the time set forth on either the transmission report issued by the transmitting facsimile machine or the electronic mail message, as applicable, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the same Agreement. Electronic signatures will have the same force and effect as original signatures. 15. Authori . 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 indemnity 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. 16. Breach/Remedies. If the Developer fails to properly perform any of its obligations hereunder, City shall be entitled to notify the Developer to rectify such breach and perform its due obligations within a reasonable period of time. If Developer fails to rectify its breach within the prescribed period of time, the City shall be entitled to seek any and all possible remedies according to applicable laws, including but not limited to claiming for compensation. 11 D-31 IN WITNESS WHEREOF, the parties hereto have executed this Defense and Indemnification Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA, a charter city and municipal corporation Daisy Gomez Kristine Ridge City Clerk City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa F. Storck Assistant City Attorney APPLICANT: RECOMMENDED FOR APPROVAL: Animus Capital, LLC Minh Thai Executive Director Planning, and Building Agency (� L By: Chris Lee Its: A^ 4. + Y e Q. PROPERTY OWNER: 6"-j Z' Name: "I-ww Title: &Awv,,�Tt-) need 11 D-32 EXHIBIT A LEGAL DESCRIPTION [Attached behind this page) 11 D-33 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended RECEIVE AND FILE PUBLIC WORKS ❑ Amended ❑ OOrrdinance on 1 Reading AGENCY 2020 PAVEMENT MANAGEMENT ❑ Ordinance on 2nd Reading PROGRAM (ALLEYS) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the Public Works Agency 2020 Pavement Management Program (Alleys). DISCUSSION Streets and alleys are vital to the operation of the City and it is important that alleys are kept in good condition. Keeping alleys well -maintained raises the overall quality of living, provides safe pedestrian access, and protects the substantial investment already made in our alley infrastructure. Poorly maintained alleys, on the other hand, lead to higher vehicle maintenance costs and incur exponentially higher future maintenance costs. The City utilizes StreetSaver and a geographical information system to develop the Pavement Management Program (PMP) which provides an accurate inventory of the past, current, and projected pavement condition of the City's public roadways, including alleys. StreetSaver is utilized to implement the roadway and alley maintenance and rehabilitation program, to maximize the return from available, existing funding for street and alley pavement. The City currently manages 27.4 centerline miles of alleys for a total of approximately 2.5 million square feet of paved surfaces. To assist in planning and maintenance needs, alleys are also arranged into over 350 sections and classified by surface types — Asphalt Concrete or Portland Cement Concrete, as detailed in the 2020 Pavement Management Program report for Alleys (Exhibit 1). The competitive grant programs from federal, state, county, and Metropolitan Planning Organizations have limited funding for alleys. With an annual budget of approximately $150,000 for pavement improvements, the overall pavement condition of the City alley network is poor with a Pavement Condition Index (PCI) of rating of 45.9 out of 100. The PCI is a numerical value ranging from zero for deteriorated pavement with virtually no remaining life to 100 for new or recently rehabilitated pavement. 19C-1 2020 Pavement Management Program (Alleys) September 1, 2020 Page 2 The included 2020 Pavement Management Program (Alleys) report details seven-year and ten- year budget scenarios to bring the alley network to an overall good condition rating of 75 or better. Staff will continue to evaluate the financing options presented and return with a funding recommendation to improve the City's alley network service level. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this item. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Exhibit: 1. 2020 Pavement Management Program (Alleys) 19C-2 d4. JJ vow ip SANTA ANA TABLE OF CONTENTS TABLE OF CONTENTS................................................................................................................. INTRODUCTION........................................................................................................................I-1 INTRODUCTION..........................................................................................................................1 City of Santa Ana 2020 PIMP (Alleys) 19C-4 Introduction FIGURES Figure 1: Alley Database: PCI and Centerline............................................................................1-1 Figure 2: Alley Database: PCI, Centerline and Backlog.............................................................1-2 Figure 3: Seven -Year Alley Budget Scenario...............................................................................2 Figure 4: Ten -Year Alley Budget Scenario...................................................................................3 TABLES Table 1: Alley Database Summary .............................................................................................1-1 Table 2: Alley Network PCI and Backlog with Current Budget...................................................1-2 Table3: Alley Database..............................................................................................................1-3 Table 4: Seven -Year Budget Scenario PCI and Backlog..............................................................1 Table 5: Ten -Year Budget Scenario PCI and Backlog..................................................................1 City of Santa Ana 2020 PIP (Alleys) 19 L _5 INTRODUCTION The City of Santa Ana (City) Public Works Agency utilizes StreetSaver and geographical information system (GIS) to develop the Pavement Management Program (PMP) to provide an accurate inventory of the past, current and projected pavement condition of all public roadways and alleys and to implement the roadway and alley maintenance and rehabilitation (M&R) program to maximize the return from available existing funding for street and alley pavement. The City currently manages 27.4 centerline miles of alleys for a total of approximately 2.5 million square feet (SF) of paved surfaces. To assist planning maintenance needs, the alleys are also arranged into over 350 sections and classified by surface types — Asphalt Concrete (AC) or Portland Cement Concrete (PCC). Pavement condition inspections for the alleys database are performed every four to six years and the alley network inspection was performed in 2018. Table 1, Figures 1 and 2 show the summary and backlog for the entire alley database. Table 1: Alley Database Summary (Based on 2018 Inspection) Pavement Quality PCI PCC AC Backlog Centerline (mile) Area (SF) Centerline (mile) Area (SF) Very Good 86-100 4.9 426,568 0.3 23,980 $ - Good 75-85 2.4 230,145 0.3 28,372 $ 590,000 Fair 60-74 3.0 297,880 0.8 73,636 $ 1,300,000 Poor 41-59 0.6 64,560 1.3 118,592 $ 1,100,000 Very Poor 0-40 0.0 0 13.7 1,199,949 $ 22,700,000 TOTAL 10.9 1,019,153 16.5 1,444,529 $ 25,690,000 FIGURE 1 ALLEY DATABASE: PCI & CENTERLINE (mile) ■ Very Poor 0-40 Poor 41-59 Fair 60-74 Good 75-85 ■ Very Good 86-100 City of Santa Ana 2020 PMP (Alleys) 1916-6 Introduction $25 $20 FIGURE 2 ALLEY DATABASE: PCI, CENTERLINE (mile) & BACKLOG M 16 14 'w — 50% 12 10 rL Z 8 J 6 OC W 4 ~ Z 19% 2 W U 0 0-40 41-59 60-74 75-85 86-100 PCI RANGE centerline The Pavement Condition Index (PCI) is a numerical value ranging from 0 for deteriorated pavement with virtually no remaining life to 100 for new or recently rehabilitated pavement. Generally, the PCI value is expressed as an area -weighted PCI (PCIaw) to provide a more representative value. The entire alley pavement network is currently in "Poor" condition with a PCIaw of 45.9. Currently, only gas tax and Measure M fairshare funds are utilized to fund the annual repair for alley pavement network. With an existing funding of just over $150,000 annually for the alley repair program, only one or two alleys with PCI less than 10 are budgeted for repair annually. Therefore, the backlog for the alley network is projected to increase approximately three percent annually. Table 2 summarizes the Alley Network PCI and deferred maintenance (backlog) over the next 10 years with the current abovementioned budget and Table 3 summarizes each alley segment and its current estimated cost to repair. Table 2: Alley Network PCI and Backlog with Current Budget YEAR PCI Backlog 2020 45.9 $ 25,690,000 2021 45.0 $ 26,396,082 2022 44.1 $ 27,049,769 2023 43.2 $ 27,715,705 2024 42.3 $ 28,408,278 2025 41.5 $ 29,117,307 2026 40.7 $ 29,847,596 2027 39.8 $ 30,598,602 2028 39.0 $ 31,411,507 2029 38.3 $ 32,247,231 2030 37.5 $ 33,070,230 City of Santa Ana 2020 PMP (Alleys) 1 916-7 N N O m w m O w w n N n O O O O O n O w w m w m w w w O v w m m O O O w v m v w O m v m O 0 N O v O 0 w w N 0 n 0 w 0 v w m O v O v w w w N w n a v w N O V W m m O m N W V V V w N I N m N N w W N m N W m O m N O w N m I� O m V I� 0 m w m v w V N O W N V w W W I� W N N V I� O N V m m w I� m n N N W m N V N N W V V W N m lr O N m m m m V rl N m rl N N N m V rl m V rl rl rl rl m rl rl m rl m rl N rl m N N rl m m N m N m rl O O O O rl rl rl N N N N N N N m m m m m m V V V V V V V V Vl Vl Vl Vl Vl tD tD tD tD tD I� •= a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a x Y >> z w Z > LL W W K Y LL O Z Y 0 w~ (7 V Z vi w w > O LL m O F m J J O m V O O O '^ '^ O v\i w 0 0 a s rc a w w a "-' 0 O> > a w p w Z LL a m m z Z Z m a a ,� (7 K Z 0 0 x U 0 0 0 > p Q z >> V O >? 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Due to the limited funding, almost half of the alley network has reached and passed its useful life. Alleys are vital to the operation of the City and it is important that the alleys are kept in great condition. PWA utilizes StreetSaver software to evaluate impacts of various budget alternatives since it has the capability of forecasting the effects of different budget alternatives on PCI and deferred maintenance (backlog). By examining the effects of these indicators, these "what -if analyses clearly identify the advantages and disadvantages of different funding levels and preventive and major M&R strategies. Two effective budget alternatives are developed to implement a seven-year and ten-year alley maintenance and rehabilitation (M&R) program for all alleys in very poor pavement conditions (PCI of 40 and below) to bring the overall alley network to good or better condition (PCI of 75 or better). Tables 4 and 5 summarize the seven-year and ten-year budget strategies, respectively: Table 4: Seven -Year Budget Scenario PCI and Backlog YEAR M&R Budget PCI Backlog 2021 $ 3,400,000 48.7 $ 23,2491593 2022 $ 3,500,000 52.8 $ 20,650,464 2023 $ 3,590,000 57.4 $ 17,984,772 2024 $ 3,680,000 62.0 $ 15,262,333 2025 $ 3,780,000 66.2 $ 12,459,693 2026 $ 3,930,000 70.8 $ 9,448,247 2027 $ 3,930,000 75.5 $ 6,640,250 Table 5: Ten -Year Budget Scenario PCI and Backlog YEAR M&R Budget PCI Backlog 2021 $ 2,580,000 47.2 $ 24,046,834 2022 $ 2,650,000 49.8 $ 22,275,398 2023 $ 2,700,000 52.5 $ 20,473,292 2024 $ 2,770,000 55.7 $ 18,626,479 2025 $ 2,900,000 58.9 $ 16,686,725 2026 $ 2,960,000 62.1 $ 14,712,621 2027 $ 3,070,000 65.3 $ 12,659,901 2028 $ 3,140,000 68.5 $ 10,565,731 2029 $ 3,260,000 71.7 $ 8,391,070 2030 $ 3,320,000 75.0 $ 6,175,804 City of Santa Ana 2020 PMP (Alleys) 19C-1 7 1 rhil - -- --- ---- - -- ---- ----- a kA 4J 19C-1 8 I =iii !�I Itt� i� e Ni €it --)I' E L d J I gg g gga 19C-19 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT ACCEPTING DONATIONS IN THE AMOUNT OF $9,500 TO FUND EQUIPMENT AND SUPPLIES FOR THE SANTA ANA POLICE DEPARTMENT FITNESS CENTER AND PAAL CENTER (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►U1�1:7q:7 RECOMMENDED ACTION Approve an appropriation adjustment recognizing $9,500 in the Police Special Revenue Gifts and Donations revenue account (No. 02414002-57081) and appropriate same to the Police Special Revenue expenditure account (No. 02414410-63001) to fund equipment for the Santa Ana Police Department's Bruce R. Carlson Fitness Center and PAAL Center. DISCUSSION The Police Department has received two community donations that will be used to enhance Police Department programs. The Brenden Mann Foundation donated $8,500 that will fund the purchase of treadmill equipment for the Police Department's Bruce R. Carlson Fitness Center. The Brendan Mann Foundation is a strong supporter of the Police Department and this donation will help enhance the Police Department's wellness program. In addition, the Huong Tich Temple's Buddhist Congregation donated $1,000 that will be used for summer supplies for the Police Department's Police Athletic and Activity League (PAAL) Center. The Santa Ana PAAL is a comprehensive community program that focuses on building a bond between kids and police officers through education, fitness and activities. The Santa Ana Police Department appreciates the support it receives from our community and recommends approval of the appropriation adjustment. FISCAL IMPACT The appropriation adjustment will recognize $9,500 to the Police Special Revenue Gifts and Donations revenue account (No. 02414002-57081) and appropriate same to the Police Special 20A-1 Appropriation Adjustment Accepting Donations for Police Department Fitness Center September 1, 2020 Page 2 Revenue expenditure account (No. 02414410-63001) to fund equipment for the Santa Ana Police Department's Bruce R. Carlson Fitness Center and PAAL Center. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: David Valentin, Chief of Police - Police Department 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING $482,700 FROM THE STATE OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND $25,000 FOR THE TRAFFIC RECORDS IMPROVEMENT PROJECT (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CK�7►111►U1q�iC�. FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager to execute a one-year agreements with the State of California - Office of Traffic Safety (OTS) for Selective Traffic Enforcement Program (STEP), PT21189, and Traffic Records Improvement Project (TRIP), TR21066, Grant funds, for the period of October 1, 2020 through September 30, 2021, in an amount not to exceed $507,700, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment accepting $395,410 in the Office of Traffic Safety Grant revenue account (No. 16514002-52001) and appropriate $395,410 in the Office of Traffic Safety account (No. 16514414-various) for the 2020-21 fiscal year. In addition, $112,290 will be included in the FY 2021-22 budget process. DISCUSSION The Santa Ana Police Department has been awarded $482,700 in grant funding from the State of California, Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP), and $25,000 in grant funding under the Traffic Records Improvement Project (TRIP). Both one- year agreements (Exhibits 1 and 2) cover the program period from October 1, 2020 through September 30, 2021. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, speed, red light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The enforcement activities will follow proven "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include DUI checkpoints and DUI saturation patrols to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding for Santa Ana Police Department staff to facilitate multi -media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in State Office of Traffic Safety STEP and TRIP Grants September 1, 2020 Page 2 place. This contract also includes funding to replace obsolete equipment, including a supply trailer that provides needed equipment in support of DUI checkpoint operations. Bicycle helmets will also be funded by this grant. Overall, the grant includes $449,160 for Officer overtime, $5,250 for training, $10,000 for equipment, and $18,290 for other direct costs. The goal of the OTS TRIP program is to provide State and local agencies with assistance in providing timely, accurate, complete, accessible, and uniform traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures, and evaluate their effectiveness. This grant will help improve and streamline traffic collision database systems, develop and analyze mapping systems to pinpoint high -collision areas and identify crash trends, and promote data sharing and integrate traffic records systems. TRIP funding in the amount of $25,000 will be used to purchase software tools to build and improve data collection systems, modernize manual databases, and digitize physical reports and print collections. FISCAL IMPACT The appropriation adjustment will recognize $395,410 in the Office of Traffic Safety Grant revenue account (No. 16514002-52001) and appropriate $395,410 in the Office of Traffic Safety account (No. 16514414 various) for the FY 2020-21 fiscal year. : In addition, $112,290 will be included in the FY 2021-22 proposed budget for City Council consideration. Fiscal Year Accounting Unit- Account # Accounting Unit, Account Description Amount FY 2020-21 16514414 Various Office of Traffic Safety $395,410 FY 2021-22 16514414 Various Office of Traffic Safety $112,290 Total $507,700 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: David Valentin, Chief of Police - Police Department Exhibits: 1. Agreement with Office of Traffic Safety - Selective Traffic Enforcement Program 2. Agreement with Office of Traffic Safety - Traffic Records Improvement Project 20B-2 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit 1 GRANT NUMBER PT21189 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2020 To: 09/30/2021 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $482,700.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.aov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Charles Elms NAME: Kristine Ridge TITLE: Commander TITLE: City Manager EMAIL: celms@santa-ana.org EMAIL: kridge@santa-ana.org PHONE: (714)245-8200 PHONE: (714)647-5200 ADDRESS: 60 Civic Center Plaza ADDRESS: 60 Civic Center Plaza PO Box 1981 PO Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Sergio Vidal NAME: Barbara Rooney TITLE: Asst. Director of Finance & Management Services TITLE: Director EMAIL: svidal@santa-ana.org EMAIL: barbara.rooney@ots.ca.gov PHONE: (714)647-5295 PHONE: (916)509-3030 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) 7/7/2020 2:04:39 PM 20 B-3 Page 1 of 18 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION NAME: Carolyn Vu DUNS#: 083153247 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 20 Civic Center Plaza, 2nd Floor, P.O. Box 1988 CITY: Santa Ana ZIP+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $482,700.00 TOTAL AMOUNT ENCUMBERED BYTHIS DOCUMENT $482,700.00 1 CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $482,700.00 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney DAISY GOMEZ Clerk of the Council By: i RA OGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police 7/7/2020 2:04:39 PM 20B-4 Page 2 of 18 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT21189 This City of Santa Ana is a dynamic and diverse city. It is the County Seat a hub within the county, drawing hundreds of thousands of persons in the city on a daily basis. With landmarks like the Bower's Museum, Orange County School of the Arts (OCSA), California State University, Fullerton (CSUF) Grand Central Art Center, it is a popular destination for arts aficionados and students. The Downtown Santa Ana Historic District has become a popular destination on weekend nights. New restaurants and bars continue to open their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been drinking. The City of Santa Ana is home to an estimated 332,725 residents. Within the City of Santa Ana there are approximately 477 miles of local, arterial and collector roadways. The City employs approximately 348 sworn Police Officers, fielded in either Patrol, Investigations or Traffic assignments. The Santa Ana Police Department has 19 sworn Police Officers assigned to the Traffic Division. These numbers include (2) Sergeants, (3) Corporals and (14) Police Officers. (2) sworn Police Officers are assigned as Collision Investigators and are not regularly fielded for the purpose of traffic enforcement. There are (12) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and collision investigation. In 2016 there were 22 fatal traffic collisions. In 2017 and 2018 there were 19 fatal traffic collisions respectively. Many of these fatal traffic collisions have been the result of alcohol and/or drug related vehicle collisions and pedestrian collisions. In 2018, the Santa Ana Police Department saw a 55% increase in drug involved fatal traffic collisions and a 25% increase in alcohol involved fatal traffic collisions compared to 2017. Injury collisions have decreased from 1694 in 2016 to 1565 in 2017 and further decreased to 1519 in 2018, a trend the department hopes will continue with continued funding for enforcement efforts. Nearly one half of all injury traffic collisions were caused by three primary collision factors (PCFs); unsafe speed, automobile right-of-way violations and traffic signals & signs violations. Our city has committed itself to traffic safety. In a recently published five-year strategic plan, traffic safety was outlined to be a top priority, specifically as it relates to education and enforcement. In response, the Traffic Division has dedicated itself to participating in education programs, targeting all children and adults alike. The Traffic Division has hired personnel to focus on these efforts specifically. Through our work in education, both grant funded and internally funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians and impaired drivers. The educational efforts, in conjunction with ardent enforcement activities, will have a positive effect on our community and make the City of Santa Ana safer for everyone. We are looking forward to a successful partnership with the California Office of Traffic Safety as we seek to make the City of Santa Ana a safer place for motorists and pedestrians alike. A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol -involved crashes. 8. Reduce the number of persons injured in alcohol -involved crashes. 9. Reduce the number of persons killed in dryg�ly crashes. 7/7/2020 2:04:39 PM L Page 3 of 18 10. Reduce the number of persons injured in drug -involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo -involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo -involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk 10 to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 4 Testing (SFST) (minimum 16 hours) POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST -certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. 0 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 8 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 11. Conduct DUI Saturation Patrol operation(s). 158 12. Conduct Traffic Enforcement operation(s), including but not limited to, primary 73 crash factor violations. 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 10 drivers using hand held cell phones and textin . 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 2 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 14 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 7/7/2020 2:04:39 PM 20 B-6 Page 4 of 18 16. Conduct Traffic Safety educational presentation(s) with an effort to reach 12 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 17. Conduct Know Your Limit campaigns with an effort to reach members of the 3 community. 18. Conduct highly visible collaborative DUI Enforcement operations 5 19. Conduct highly visible collaborative Traffic Enforcement operations 5 3. METHOD OF PROCEDURE A. Phase 1 —Program Preparation (11t Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst' repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash Iocations.Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at pio(a)-ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pioa_ots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS-supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS-supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(a)ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pion-ots.ca.goy and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator forspecifics and format -appropriate logos. 7/7/2020 2:04:39 PM 20 B-7 Page 5 of 18 • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above requirements might be contemplated C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 7/7/2020 2:04:39 PM 20 B-8 Page 6 of 18 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT21189 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMBER(CFDA) 164AL-21 20.608 Minimum Penalties for Repeat $316,000.00 Offenders for Driving While Intoxicated 402PT-21 20.600 State and Community Highway $161,000.00 Safety 405d AL-21 20.616 Impaired Driving $5,700.00 Countermeasures COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-21 $11,315.00 8 $90,520.00 DUI Saturation Patrols 164AL-21 $1,267.00 158 $200,186.00 Collaborative DUI Enforcement 164AL-21 $1,208.00 5 $6,040.00 Know Your Limit 164AL-21 $1,418.00 3 $4,254.00 Traffic Enforcement 402PT-21 $1,200.00 73 $87,600.00 Distracted Driving 402PT-21 $1,540.00 10 $15,400.00 Motorcycle Safety 402PT-21 $1,540.00 2 $3,080.00 Pedestrian and Bicycle Enforcement 402PT-21 $1,540.00 14 $21,560.00 Collaborative Traffic Enforcement 402PT-21 $1,200.00 5 $6,000.00 Traffic Safety Education 402PT-21 $735.00 12 $8,820.00 SFST/ARIDE/DRE Instruction 405d AL- 21 $712.50 8 $5,700.00 Category Sub -Total $449,160.00 B. TRAVEL EXPENSES In State Travel 402PT-21 $5,250.00 1 $5,250.00 $0.00 Category Sub -Total $5,250.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT Supply Trailer 164AL-21 $10,000.00 1 $10,000.00 Category Sub -Total $10,000.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-21 $5,000.00 1 $5,000.00 Educational Materials 402PT-21 $1,500.00 1 $1,500.00 Bicycle Helmets 402PT-21 $8.00 300 $2,400.00 Bicycle Safety Equipment 402PT-21 $1,400.00 1 $1,400.00 Drone Mapping Software 402PT-21 $4,990.00 1 $4,990.00 Laptop Computer 402PT-21 $3,000.00 1 $3,000.00 Category Sub -Total $18,290.00 7/7/2020 2:04:39 PM 20 B-9 Page 7 of 18 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $482,700.00 7/7/2020 2:04:39 PM 20B-10 Page 8 of 18 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT21189 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the Lifesavers Conference in Long Beach, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT Supply Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer. This will also allow us to be in compliance by meeting state and federal emissions standards. The useful service life for this vehicle has been greatly exceeded. 7/7/2020 2:04:39 PM 20B-11 Page 9 of 18 OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include; traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related events. Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS. Drone Mapping Software - Drone Mapping Software would be used in conjunction with a department supplied drone and computer to photograph and map major injury/ fatal collision scenes to assist our Major Accident Investigation Team. This software would also allow us to accurately map DUI/ CDL Checkpoint Operations. Laptop Computer - For use in tracking grant activities and producing required reports. Costs may include a printer and accessories. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this "agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 7/7/2020 2:04:39 PM 20B-1 2 Page 10 of 18 State of California - Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT21189 Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high -risk grantee status in accordance with 49 CFR 18.12. The Officials named on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include but are not limited to the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 7/7/2020 2:04:39 PM 20B-1 3 Page 11 of 18 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FIR 74087-74100). The State highway safety agency— • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) 7/7/2020 2:04:39 PM 20B-14 Page 12 of 18 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 7/7/2020 2:04:39 PM 20B-1 5 Page 13 of 18 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 7/7/2020 2:04:39 PM 20 B-1 6 Page 14 of 18 (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 7/7/2020 2:04:39 PM 20B-1 7 Page 15 of 18 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. 1:1:101711-Ai[o7kite] k1l11);lIMON]:L1 lUb-111OZ6371x01:470]:4714liriI�i�);7_<<3 (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 7/7/2020 2:04:39 PM 20B-18 Page 16 of 18 State of California — Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT21189 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director, Fiscal Official or Authorizing Official must sign and return it with the Grant Agreement. Grant Details Grant Number: PT21189 Agency Name: Santa Ana Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $482,700.00 Authorizing Official: Kristine Ridge Fiscal Official: Sergio Vidal Grant Director: Charles Elms Current GEMS User(s) 1. Weston Hadley Title: Investigator Media Contact: No Phone: 714-245-8216 Email: whadley@santa-ana.org 2. Leo Martinez Title: Management Analyst Media Contact: No Phone: (714) 245-8405 Email: Imartinez5@santa-ana.org 3. Damian Moreno Title: Police Officer Media Contact: No Phone: (714) 245-8200 Email: dmoreno2@santa-ana.org 4. Patricia Quezada Title: Fiscal services supervisor Phone: (714) 245-8048 Email: pquezada@santa-ana.org 5. Nicholas Quinones Title: Investigator Phone: (714) 245-8284 Email: nquinones@santa-ana.org Media Contact: No Media Contact: Yes 7/7/2020 2:04:39 PM 20B-1 9 Page 17 of 18 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 2 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 3 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 4 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 5 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Form completed by: Phone number Date: As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. Signature Name Date Title 7/7/2020 2:04:39 PM 20 B-20 Page 18 of 18 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit 2 GRANT NUMBER TR21066 1. GRANT TITLE Traffic Records Improvement Project (TRIP) 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2020 To: 09/30/2021 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department 5. GRANT DESCRIPTION State and local agencies need timely, accurate, complete, accessible, and uniform traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to plan and initiate traffic records improvement projects such as the purchase and implementation of traffic crash reporting systems as well as electronic citation equipment and software. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $25,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Charles Elms NAME: Kristine Ridge TITLE: Commander TITLE: City Manager EMAIL: celms@santa-ana.org EMAIL: kridge@santa-ana.org PHONE: (714)245-8200 PHONE: (714)647-5200 ADDRESS: 60 Civic Center Plaza ADDRESS: 60 Civic Center Plaza PO Box 1981 PO Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Sergio Vidal NAME: Barbara Rooney TITLE: Asst. Director of Finance & Management Services TITLE: Director EMAIL: svidal@santa-ana.org EMAIL: barbara.rooney@ots.ca.gov PHONE: (714)647-5295 PHONE: (916)509-3030 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) 7/7/2020 2:09:47 PM 20 B-21 Page 1 of 14 NG OFFICER OF OFFICE OF TRAFFIC NFORMAT10N NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 DUNS #: 083153247 REGISTERED ADDRESS: 20 Civic Center Plaza, 2nd Floor, P.O. Box 1988 CITY: Santa Ana ZIP+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $25,000.00 TOTAL AMOUNT ENCUMBERED BYTHIS DOCUMENT $25,000.00 1 CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $25,000.00 ATTEST: APPROVED AS TO FORM SONIA R. CARVALHO City Attorney DAISY GOMEZ Clerk of the Council By: TAMARA BOGOSIAN Senior Assistant City Attorney 1:7xKe71.41•dqill 111111]:11917i]:L1,N:Zi1F%1i DAVID VALENTIN Chief of Police 7/7/2020 2:09:47 PM 20B-22 Page 2 of 14 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER TR21066 1. PROBLEM STATEMENT The Santa Ana Police Department implemented the Crossroads electronic collision database system in 1999 in order to facilitate the timely completion and review of traffic collision reports. However, the Santa Ana Police Department Records Division has continued to batch scan and send collision reports to the California Highway Patrol SWITRS program on a monthly basis, which decreases the efficiency of the electronic collision database system and delays traffic safety data reporting. For 2018 and 2019, the Santa Ana Police Department sent, on average, 400 reports per month. By implementing a solution to electronically submit Crossroads collision data to the California Highway Patrol SWITRS program, the Santa Ana Police Department could increase their contribution to the Office of Traffic Safety's goal of improving overall roadway safety by providing accurate and timely data that roadway safety engineering improvements and traffic safety enforcement operations rely on. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. B. Objectives: Target Number 1. Upgrade existing electronic crash reporting program to the latest version available 1 that includes the capability of exporting complete crash report records to a departmental records management system and the California Highway Patrol's Statewide Integrated Traffic Records System. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1 St Quarter of Grant Year) • Determine specific system requirements. • Determine specific equipment requirements. • Request vendor price quotation per host agency requirements. • Procure an electronic crash reporting system with the following functionalities: • System licensing with installation and training. • GIS based mapping. • Segment crash diagraming tool. • Ability to create or import crash reports. • Ability to import and export agency RMS files. • Ability to perform complete analysis of crash reports. • Secure database accessible by appropriate agency personnel. • Ability to export complete crash report to the California Highway Patrol's Statewide Integrated • Traffic Records System. • Procure an electronic citation system with the following functionalities: • System licensing with installation and training. • Ability to import and export to agency RMS files. • Ability to perform complete analysis of citation reports. • Secure database accessible by appropriate agency personnel. • Ability to export complete citation reports to the local county court. B. Phase 2 — Program Operations (Throughout Grant Year) • Select vendor for system development, implementation, and installation. • Monitor and oversee progress of system/software development. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30). • Successful project completion and confirmation of successful transmission by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS. 7/7/2020 2:09:47 PM 20B-23 Page 3 of 14 • Prepare and submit quarterly performance reports (due January 30, April 30, July 30, and October 30). • Collect and report quarterly appropriate data that supports the progress of goals and objectives. • Provide a summary of quarterly accomplishments and explanations for objectives not completed. • Collect, analyze, and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 7/7/2020 2:09:47 PM 20 B-24 Page 4 of 14 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER TR21066 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMBER(CFDA) 405c TR-21 20.616 State Traffic Safety Information $25,000.00 System Improvements COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Straight Time $0.00 Overtime $0.00 Category Sub -Total $0.00 B. TRAVEL EXPENSES $0.00 $0.00 Category Sub -Total $0.00 C. CONTRACTUAL SERVICES Traffic Crash Database System Update 405c TR- 21 $25,000.00 1 $25,000.00 Category Sub -Total $25,000.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS $0.00 Category Sub -Total $0.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $25,000.00 7/7/2020 2:09:47 PM 20B-25 Page 5 of 14 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER TR21066 BUDGET NARRATIVE PERSONNEL COSTS TRAVEL EXPENSES CONTRACTUAL SERVICES Traffic Crash Database System Update - An update to Crossroads Software to upload collision report data and documents to the California Highway Patrol SWITRS System. EQUIPMENT OTHER DIRECT COSTS INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this "agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 7/7/2020 2:09:47 PM 20 B-26 Page 6 of 14 State of California - Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT TR21066 Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place State in a high -risk grantee status in accordance with 49 CFR 18.12. The Officials named on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include but are not limited to the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and 7/7/2020 2:09:47 PM 20 B-27 Page 7 of 14 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FIR 74087-74100). The State highway safety agency— • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) 7/7/2020 2:09:47 PM 20 B-28 Page 8 of 14 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 7/7/2020 2:09:47 PM 20 B-29 Page 9 of 14 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 7/7/2020 2:09:47 PM 20 B-30 Page 10 of 14 (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 7/7/2020 2:09:47 PM 20 B-31 Page 11 of 14 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. 1 :1:101:11-A i [o7. [f] 111111111 .ON]:L1 . U1;-1 iOZ63 :1 x01 :4 70]:4 :14 l iri I =11 i1b7_w (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 7/7/2020 2:09:47 PM 20 B-32 Page 12 of 14 State of California — Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access TR21066 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director, Fiscal Official or Authorizing Official must sign and return it with the Grant Agreement. Grant Details Grant Number: TR21066 Agency Name: Santa Ana Police Department Grant Title: Traffic Records Improvement Project (TRIP) Agreement Total: $25,000.00 Authorizing Official: Kristine Ridge Fiscal Official: Sergio Vidal Grant Director: Charles Elms Current GEMS User(s) 1. Weston Hadley Title: Investigator Media Contact: No Phone: 714-245-8216 Email: whadley@santa-ana.org 2. Leo Martinez Title: Management Analyst Media Contact: No Phone: (714) 245-8405 Email: Imartinez5@santa-ana.org 3. Damian Moreno Title: Police Officer Media Contact: No Phone: (714) 245-8200 Email: dmoreno2@santa-ana.org 4. Patricia Quezada Title: Fiscal services supervisor Phone: (714) 245-8048 Email: pquezada@santa-ana.org 5. Nicholas Quinones Title: Investigator Phone: (714) 245-8284 Email: nquinones@santa-ana.org Media Contact: No Media Contact: Yes 7/7/2020 2:09:47 PM 20 B-33 Page 13 of 14 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 2 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 3 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 4 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Phone number GEMS User 5 Add/Change ❑ Remove Access ❑ Add as a media contact? Yes ❑ No ❑ Name Job Title Email address Form completed by: Phone number Date: As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. Signature Name Date Title 7/7/2020 2:09:47 PM 20 B-34 Page 14 of 14 REQUEST FOR COUNCIL ACTION Is]k W,1115614111ki Eel I111111I7tl;INkII'kq lIllIMi SEPTEMBER 1, 2020 TITLE: AWARD A PURCHASE ORDER IN THE AMOUNT OF $169,240 TO MATTHEWS SPECIALTY VEHICLES, INC. FOR A FORD TRANSIT T-350 VAN TO BE USED AS A BOOKMOBILE FOR THE SANTA ANA LIBRARY (NON -GENERAL FUND) (SPECIFICATION NO. 20-098) a]; K616111kiEelI1 to] 01Ill Ip1»1.101Tl qlf ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For Kffl 0111►IN] 0QIto] /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Matthews Specialty Vehicles, Inc. for a Ford Transit T-350 van which will be used as a bookmobile, in the amount of $153,855 with a ten percent (10%) contingency of $15,385, fora total amount not to exceed $169,240, funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana has a high -density population of approximately 333,000 over 27.35 square miles and currently operates only two public libraries. Given the population density and geographic size of the City, the Library's two locations do not currently meet the needs of the community. Data reported by the California State Library shows the total square footage per capita for the Santa Ana Public Library at approximately 0.1593, which is among the lowest in California. In years past, the Library has been able to provide mobile library services to the community to help offset this significant deficit in library space; however, there has not been a vehicle available to offer mobile services in more than a decade. The Santa Ana Public Library's purpose is to respond to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. Offering a mobile library service will allow the Library to respond more adequately to basic community needs. The City of Santa Ana Public Library was awarded an $80,000 grant by the California State Library to procure books, audiovisual materials, technology, and supplies needed for a new mobile library unit that is being financed by the Cannabis Public Benefit Fund. The new vehicle will provide a combination of traditional library services as well as new technologies and innovative programs such as mobile materials checkout, library card registration, and general circulation functions. It will also offer a variety of technology related features including wireless internet access, virtual reality 22A-1 Award a Purchase Order to Matthews Specialty Vehicles September 1, 2020 Page 2 headsets, laptops, 3D printers, and other "maker" equipment for S.T.R.E.A.M (science, technology, reading, engineering, art, and mathematics) based learning. These services and programs will serve teens, children, and families where they live, work, learn, and play. Project benefits will include improved public library access to under -served populations in Santa Ana, the ability to bring new technology and hands-on learning activities directly to the community, while still promoting a love of reading and literacy for all people. The Bookmobile will also support youth academic success and provide additional programming and services directly to students across Santa Ana through the creation of new partnerships with local schools. These partnerships will focus on supporting the instructional needs of the schools, while identifying and providing new and non-traditional learning opportunities that supplement core curriculums. The Notice Inviting Bids was advertised on June 19, 2020, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 462 Vendors were notified 20 Santa Ana vendors were notified 14 Vendors downloaded the bid packet 4 Bids received 0 Bids received from Santa Ana vendors Four bids were received and opened on July 14, 2020 and evaluated. The results are as follows: Vendor Location Amount Matthews Specialty Vehicles, Inc. Greensboro, NC $153,853.30 Fritts Ford Riverside, CA $167,091.38 South Bay Ford Hawthorne, CA $176,046.55 LDV, Inc. Burlington, WI $216,724.25 The bid submitted from Matthews Specialty Vehicles, Inc. is responsive to the specifications and meets the City's requirements. Given this is a specialty vehicle, which will be customized to the needs of the City, a ten percent (10%) contingency has been added to the bid amount for any unforeseen circumstances. FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year. Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account # Description Account Description FY 2020-21 01213020-66400 Cannabis Public PRCSA Youth Services, $169,240 Benefit Fund Machinery & Equipment 22A-2 Award a Purchase Order to Matthews Specialty Vehicles September 1, 2020 Page 3 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Brian Sternberg, Library Services Director -Library Services Agency Nabil Saba, P.E., Executive Director— Public Works Agency 22A-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE AGREEMENT WITH PROCORE TECHNOLOGIES, INC. FOR A PROJECT MANAGEMENT SOFTWARE LICENSE IN TOTAL AMOUNT NOT TO EXCEED $250,000 FOR A FIVE-YEAR TERM (NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2d Reading ❑ Implementing Resolution ❑ Set Public Hearing For K6301110U1q�iC�7 /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Procore Technologies, Inc., for licensing of ProCore Technologies Project Management Pro software for a one-year period beginning September 1, 2020, and expiring August 31, 2021, in an annual amount of $50,000, with the option to renew for up to four additional years for a total amount not to exceed $250,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for designing, building, and maintaining the public sanitary sewers and water facilities in the City of Santa Ana. The Public Works Agency oversees all aspects of project delivery for capital improvement projects, including managing project design and construction. The City's water and sewer enterprises will be making significant reinvestments into the public water and sewer systems which will yield many capital improvement projects over the next five years. In FY 2020-21, there are approximately 31 active water and sewer capital improvement projects, totaling nearly $36 million in expenditures, managed by the Public Works Agency in the City. Coordination of all project phases across divisions and departments is critical to ensuring efficient use of the City's resources. In order to improve on current capital project delivery, staff has identified the need for a comprehensive and cohesive project delivery and construction management software application. Utilizing a dedicated project management software application will increase efficiencies by streamlining project documentation, providing the ability to digitally log inspections and conditions in the field via mobile devices, and by improving communication between engineers, inspectors, and contractors. A program that centralizes data and strengthens field -to -office communications will also help deliver more projects on time and on budget. 25A-1 Approve Agreement with Procore Technologies, Inc. for Project Management Software September 1, 2020 Page 2 This software application is exempt from bidding under SAMC 2-807(a), which so exempts purchases over $25,000 of "materials, supplies, labor, and equipment whenever it shall appear that there is only one (1) reasonably available source or where solicitation of bids would for any reason be an idle act". Here, the application is very industry -specific and unique to this vendor. It is not generally available like a typical software program. As a result, the solicitation of bids would have been unproductive and led to further delay for a product that is needed for projects currently underway. Staff recommends approval of the purchase of a license subscription with ProCore Project Management Pro (ProCore) to assist in the delivery of City projects. ProCore is a widely -used program that provides instant data transmission across PC and mobile applications, allowing for real-time delivery of accurate project information. The cloud -based platform has intuitive tools to assign tasks, respond to comments and questions, produce and access reports, and manage budgets and costs. In addition, ProCore has the ability to integrate with other platforms currently being used by the City, eliminating the need to purchase any additional software in order to successfully implement its usage. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is budgeted and available in the Fiscal Year 2020-21 Water Administration & Engineering Account (No. 06017645-62300) and will be budgeted and available for expenditure, annually, in the same account: Fiscal Year Accounting Unit — Fund Accounting Unit, Account Amount Account No. Description Description FY 2020-21 06017645-62300 Water Water Admin/Engineering, $50,000 Fund Contract Services -Professional Option Years FY2021-22 06017645-62300 Water WaterAdmin/Engineering, $50,000 Fund Contract Services -Professional FY 2022-23 06017645-62300 Water Water Admin/Engineering, $50,000 Fund Contract Services -Professional FY 2023-24 06017645-62300 Water Water Admin/Engineering, $50,000 Fund Contract Services -Professional FY 2024-25 06017645-62300 Water Water Admin/Engineering, $50,000 Fund Contract Services -Professional Total Amount: $250,000 25A-2 Approve Agreement with Procore Technologies, Inc. for Project Management Software September 1, 2020 Page 3 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. Procore Technologies, Inc. Order Form 2. Procore Technologies, Inc. Subscription Terms 25A-3 O n � f0 � coo U O W C N w O UO � N N N N ow LL Ea � I E W E ' Z N O a oua 0 O N p O N 6 N O 4 Ln U � a a a pcp a N� N j 6 Y N O N N Cl) Z w Q U D t) � N G N ❑ L L O w N d y Y C O C t 'O O i F❑° E c E s s EO°fOE�_a s a "(n .E.E Ip U N E E r> Vl y y > lV 0 cnU)U) �(if 09 �U E O 25A-4 \ () LU §{f\ : j\gs 0) )�/ \))§ / ;f% ;f! lea2 \§( s : f A ® ) ~ \\\\� . _ _- \\\\ \\� \Ma x �\ : E2, !|!• 2IE )z §t-L ;« »;! f;ek - 0 k E\ °f)7 §Z; 00) ;l: 0- -§ \\)§ -m {/( . 0 E 2\§B m !))E5 )/Ra �- ® m))\! 0"m ��§� k�0 §)»{ \\}\ / S 46MO 0 65E .� }\\/\ /}{\ / \ \ \ ) k � � � 25A.5 25A-6 a a m C N w u N u °E` 3�OS o � q a ffi c _ may w V o u o m on"oa w�'Ope 'c5c N' Cma rB aB `- ri OEuE "yi a.`2v O Ezapa O w c ¢ E- o a c mis 9 > .9�9. O uc N° m u nn tl of E rc o° �55 �.m i o Sd EEam °. iii �3 c d •d a p� � pip M NQ y L w m NWY =T sd U ffi `o u v�am 5 =�AoE m m m;ar° W e V C m •'•9 z E m 0d O °3 �' � m $uuu m O m cf J G e E V 0 9 25A-7 EXHIBIT 2 PROCORE® PROCORE SUBSCRIPTION TERMS These terms, including any attached exhibits (collectively, "Terms') are entered into as of the effective date listed on the Order Form ("Effective Date') between PROCORE TECHNOLOGIES, INC., a Delaware corporation, having its principal place of business at 6309 Carpinteria Avenue, Carpinteria, CA 93013 ("Procore" or "Party') and the customer identified on the Order Form ("Customer' or "Party'), collectively the "Parties." In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: 1. BACKGROUND. Procore has developed certain construction project management Software (defined below), to which it provides access as part of its Services (defined below). Customer wishes to enter into this Agreementfora subscription to the Services identified on an Order Form. Procore desires to make those Services available to Customer subject to the terms of this Agreement. 2. DEFINITIONS. The capitalized terms listed below have the following meanings: 2.1 "Agreement" means, collectively, the terms of the Order Form and these Terms 2.2 "Authorized User' means any individual who is authorized by virtue of such individual's relationship to, or permissions from, Customer, to access and receive Customer Content/Customer Data and use the Services on Customer's behalf pursuant to Customer's rights under this Agreement. 2.3 "Construction Volume" means the aggregate dollar value of the construction work performed, planned, or put in place for all Customer Projects for which Customer utilizes the Services during a given time period, most often a one-year period. The Order Form shall set forth the service period and amount of Construction Volume purchased by Customer. 2.4 "Customer Content' means any content created by or on behalf of Customer or an Authorized User in connection with the Services and Customer Projects. 2.5 "Customer Data' means personally identifiable information provided by Customer to Procore regarding natural persons. 2.6 "Customer Project' means each distinct construction project for which Customer utilizes the Services constrained by a specific scope, budget, and schedule, as specified in a construction project agreement. The lifecycle phases for typical construction projects may include initiation, planning, design, demolition, construction, commissioning, and closeout. 2.7 "Data Center Region' means a location in which Procore or its affiliates maintain data processing operations, including the United States, Canada, the European Union, Australia, and the United Kingdom. 2.8 "Documentation' means online user guides provided and updated by Procore via https://support.procore.com/products/online/user-guide in connection with Customer's subscription to the software Services specified on the applicable Order Form. 2.9 "Enhancements' means the following: minor modifications, revisions, and corresponding Documentation with respect to the Services, including the addition of enhancements or improved performance made available by Procore to the Services; however, Enhancements do not include the addition of New Features not originally included as part of the Services described on a particular Order Form. 2.10 "Maintenance Modifications' means bug fixes, patches, modifications, or revisions to the Services that correct errors therein; however Maintenance Modifications do not include New Features not originally included as part of the Services described on a particular Order Form. Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-8 PROCOREO 2.11 "New Features' means those new or materially different technological or service features and/or tools that Procore develops over time, which are, in Procore's discretion, offered to Customers as additional features fora fee and are distinct from included Enhancements and Maintenance Modifications. 2.12 "Order Form" means the order form document signed by both Parties that is attached to and governed by these Terms, on which the Customer is identified, and which specifies certain other agreed -upon terms including Customer's specific subscription information pertaining to the Services. The Parties may enter into additional Order Forms during the Term, each of which will be subject to these Terms. 2.13 "Project Caps' means the maximum number of simultaneous Customer Projects, as stated on the Order Form. 2.14 "Services" means (1) Procore's proprietary Software offerings, and (2) any professional services that are specified on the Order Form. 2.15 "Site" means app.procore.com and all associated Procore mobile applications that utilize Procore's Software. 2.16 "Software" means Procore's proprietary software programs and any associated user interfaces and related technology that Procore uses to provide the Services, and that Procore makes available pursuant to this Agreement, including any Enhancements and Maintenance Modifications thereto. 2.17 "Subscription Fee" means the agreed -upon subscription fee(s) for the Services as stated on the Order Form. 3. PROVISION OF SERVICE/RESPONSIBILITIES 3.1 Subscription Rights and Access. Subject to the terms of this Agreement (including payment of fees), Procore will provide Customerwith access to the Services during the Term. Customer, via its Authorized Users, may access and use the Services only for its intended purposes, in accordance with the specifications set forth in any Documentation and for Customer's internal business use and the limits on Construction Volume, Project Caps, Customer Projects, and/or other use restrictions specified on the applicable Order Form. Subject to Customer's payment of the fees set forth in the Order Form, Procore shall provide to Customer the necessary passwords, security protocols and policies, and network links or connections to allow Customer and its Authorized Users to access the Services. 3.2 Support; Compatibility. Procore shall provide the Customer and its Authorized Users with (a) supportforthe Services as outlined in Exhibit A, and (b) access to Enhancements and Maintenance Modifications as they become available. Customer and its Authorized Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary for the use of the Site and Services. 3.3 Site Updates. Procore may, in its discretion, change, modify, upgrade, or discontinue any aspect or feature of the Site in whole or in part. Such changes, upgrades, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be made by posting such changes to the Site. In the event Procore modifies or discontinues any content or feature of the Site which results in a material reduction of functionality or degradation of the Site, Procore shall provide comparable functionality. Procore may, from time to time, develop New Features, which will be offered to customers for additional fees. 3.4 Limitations. Customer shall not, and shall not authorize or permit any Authorized User to (a) rent, loan, or license rights to access and/or use the Services and/or the Software (except as specifically provided herein); (b) copy, modify, disassemble, decompile, or reverse engineer software included as part of the Services; (c) share identification or password codes with persons other than Authorized Users, or permit Customer's account to be accessed by individuals who are not Authorized Users; (d) access, use, or permit a third party to access or use the Services or Software for purposes of competitive analysis, including the development, Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-9 PROCOREO provision, or use of a competing software or service or for any other purpose that may be to Procore's detriment or commercial disadvantage; (e) use the Services in any way not expressly provided for in this Agreement; (f) use the Services in a manner that infringes the intellectual property, privacy, or other rights of third parties; (g) remove any title, trademark, copyright, or restricted rights notices or labels from the Services; (h) interfere with or disrupt the integrity or performance of the Services; or (i) expose Procore to any malware, including viruses, worms, or any other malicious computer programming codes that may damage Procore or third -party systems or data. Customer shall be responsible for all activities that occur under Customer's account and for all actions of Customer or its Authorized Users and both Customer and Authorized Users shall use the Site and the Services in accordance with the Terms of Service located at https://www.procore.com/fine-print/terms. Procore will provide a notification to Customer, via the Site, of updates to the Terms of Service. It is Customer's responsibility to review the Terms of Service from time to time on the Site to ensure that Customer continues to agree with all of its terms. Customer's continued use of the Site or the Services following the posting of changes to the Terms of Service will mean Customer accepts those changes. If there is any conflict between the Terms of Service and this Agreement, this Agreement will govern. Customer shall notify Procore of any unauthorized use of Customer's passwords or account, or any other breach of security that is known or suspected by Customer. Customer and its Authorized Users shall abide by all applicable local, state, national, and foreign laws and regulations in connection with their use of the Services. Customer shall be responsible for any breach of this Agreement by its Authorized Users and agrees to enter into agreements with its Authorized Users that contain terms that impose restrictions in all material respects no less than those imposed on Customer herein, including, but not limited to, the provisions regarding the use of the Services and protection of Procore's intellectual property, and that include additional terms as reasonably requested by Procore. 3.5 Customer Content. Procore will process Customer Content in order to provide and enhance the Services and Software. The Parties acknowledge and agree that the Customer is at all times the data controller and Procore is a data processor. Customer represents and warrants that it has all necessary rights in the Customer Content to grant Procore the right to use, and Customer hereby grants Procore a non-exclusive, worldwide, royalty -free, transferable, and fully paid license to use, modify, and distribute the Customer Content as necessary for Procore to provide and enhance the Services. All rights in and to the Customer Content not expressly granted to Procore in this Agreement are reserved by Customer. Customer represents and warrants that any Customer Content hosted by Procore as part of the Services will not (a) infringe or violate the rights of any third party; or (b) be deceptive, defamatory, obscene, or unlawful. Customer acknowledges that any use of the Services by Customer or Authorized Users contrary to or in violation of the representations and warranties of Customer in this section constitutes unauthorized and improper use of the Services. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content. The Parties acknowledge that Procore does not and cannot review all Customer Content and will not be responsible for such content, and that Customer instructs Procore to delete, move, or edit any Customer Content that Procore determines violates or might violate this Agreement, its Terms of Service, or any applicable law or regulation, or is otherwise unacceptable. Customer acknowledges and agrees that the Customer Content may be transferred or stored in a Data Center Region. Customer acknowledges and agrees that the Customer Content may be shared with third parties as necessary to provide and enhance the Services. 3.6 Customer Data. Procore will process Customer Data as needed to provide the Services. The Parties acknowledge and agree that the Customer is at all times the data controller and Procore is a data processor. Customer represents and warrants that Customer shall only provide to Procore the minimum amount of personally identifiable information, the extent of which is determined and controlled by Customer in its sole discretion, for each Authorized User, to enable the Authorized User to enjoy the benefit of this Agreement. Customer represents and warrants that Customer is entitled to transfer relevant Customer Data to Procore so that Procore may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer's behalf and Customer shall ensure the same. Customer shall ensure that the relevant third parties, including data subjects, have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation. Customer acknowledges that Procore is reliant on Customer for direction as to the extent to which Procore is entitled to use and process the Customer Data. Procore shall process the Customer Data only in accordance with the terms of this Agreement and any written instructions given by Customer. Customer acknowledges and agrees that the Customer Data may be transferred or stored in a Data Center Region. Customer acknowledges and agrees that the Customer Data may be shared with third parties as necessary to provide and enhance the Services. Procore will not be liable for any claim Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-10 PROCOREO brought by an Authorized User arising from any action or omission by Procore, to the extent that such action or omission resulted from Customer's instructions. 3.7 Aggregate Content. Customer acknowledges and agrees that Procore may obtain and aggregate Customer Content and/or anonymized Customer Data with respect to Customer or Authorized Users ("Aggregate Content"), and Procore may utilize the Aggregate Content to analyze, improve, support, and operate the Services, during and after the term of this Agreement. Customer acknowledges that Aggregate Content is not Customer Content or Customer Data. 3.8 Customer Acknowledgement. As of the Effective Date, Customer acknowledges and agrees that Customer's authorized representative has evaluated the features and functionality of the Services in a means satisfactory to Customer and accepts that the Services have been demonstrably shown to have all of the features and functionality to Customer's satisfaction. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written comments made by Procore regarding future functionality or features. 3.9 Non-Procore Applications. Procore and third parties may make available third -party products or services, including, but not limited to, third -party products available on the Procore App Marketplace (https://marketplace.procore.com/) ("Non-Procore Applications"). Any use by Customer and any exchange of data between Customer and the provider of Non-Procore Applications is solely between Customer and the applicable provider. Procore does not warrant or support Non-Procore Applications or other non-Procore products or services. If Customer installs or enables a Non-Procore Application for use with the Services, Customer hereby grants Procore permission to allow the provider of that Non-Procore Application to access Customer's data and content as required forthe interoperation of that Non-Procore Application with the Services. Procore is not responsible for any disclosure, modification, or deletion of any Customer Data or Customer Content resulting from access by or integration with a Non-Procore Application. The Services may contain features designed to interoperate with Non-Procore Applications. To use such features, Customer may be required to obtain access to Non-Procore Applications from their providers, and may be required to grant Procore access to Customer's account(s) on the Non-Procore Applications. Customer agrees to fully comply with any terms and conditions required by providers of Non-Procore Applications and obtain all consents necessary for Procore to receive Customer Data and/or Customer Content from such providers. If the provider of a Non-Procore Application ceases to make the Non-Procore Application available for interoperation with the corresponding Service features, Procore may cease providing those Service features without providing Customer any refund, credit, or other compensation. Customer uses Non-Procore Applications at its own risk and Procore is not responsible for any acts or omissions of providers of Non-Procore Applications. PROCORE HEREBY DISCLAIMS ALL LIABILITY FORANY HARM OR DAMAGES CAUSED BY NON-PROCORE APPLICATIONS. 3.10 Beta Services. From time to time, Procore may invite Customer and Authorized Users to try or discuss certain beta services, including pilot, limited release, developer preview, in -development, non -production, or evaluation services ("Beta Services') at no charge. Customer may accept or decline any such trial. Beta Services will be clearly designated as such by Procore. Beta Services and discussions about Beta Services are Procore's Confidential Information, for evaluation purposes and not for production use, are not considered Services under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. Procore may discontinue Beta Services at any time and may never make them generally available. BETA SERVICES ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY AND WITHOUT INDEMNITY. PROCORE WILL HAVE NO LIABILITY FOR, AND CUSTOMER HEREBY RELEASES PROCORE FROM ANY LIABILITY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY BETA SERVICE. 4. PAYMENT. 4.1 Payment Terms. Customer shall pay Procore all Subscription Fees specified on the Order Form upon receipt of invoice unless otherwise stated on the Order Form. Overdue payments will be subject to a late fee of 1.5% for each month or fraction thereof that the payment is overdue, or the highest interest rate permitted by applicable law, whichever is lower. In addition to any other remedies available to Procore, Procore Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-11 shall be entitled to discontinue provision of the Services until all overdue amounts due are paid in full. Except as expressly provided in this Agreement, all payments to Procore are non-refundable and non -cancelable. Customer shall reimburse Procore for Procore's collection costs incurred in attempting to collect any late payments, including reasonable attorneys' fees. 4.2 The Subscription Fees stated on the Order Form are exclusive of any federal, state, or other governmental taxes, duties, fees, excises, or tariffs ("Taxes') now or hereafter imposed on the Services. Customer shall be responsible for, and if necessary shall reimburse, Procore for all such Taxes on any amounts payable by Customer hereunder, except for taxes imposed on Procore's net income. If Procore has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Procore will add such Taxes to the amount invoiced to Customer. 4.3 Procore may audit Customer's Construction Volume (as specified on the Order Form) to ensure compliance with this Agreement. Procore will give Customer at least ten days' advance notice of any such audit and will conduct the audit during normal business hours in a manner that does not unreasonably interfere with Customer's normal operations. Customer agrees to reasonably cooperate with and assist Procore upon receipt of a notice of audit. Such audit will be at Procore's expense; however, if any such audit discloses any underpayment by Customer or usage exceeding Customer's subscription as stated on the Order Form(s), Procore may invoice Customer and Customer shall immediately pay Procore such underpaid amount, together with interest thereon at the rate specified in section 4.1, and Customer shall also pay Procore for Procore's expenses associated with such audit. 5. TERM/TERMINATION 5.1 Term. This Agreement commences on the Effective Date and will remain in effect for the initial term specified on the Order Form ("Initial Term'), unless earlier terminated as provided herein. Upon the expiration of the Initial Term, this Agreement will automatically be renewed for one year (each such period an "Automatic Renewal Term") unless one Party gives notice to the other Party at least ten days prior to the end of the Initial Term. The Subscription Fees must be paid on or before the start of the Automatic Renewal Term in order to avoid a termination of Services. 5.2 Termination. Either Party may terminate this Agreement upon: (1) any material breach of this Agreement by the other Party that is not cured within thirty days (or within ten days in case of failure to pay) following written notice thereof; (2) the other Party becoming insolvent or bankrupt, liquidating or being dissolved, or ceasing substantially all of its business; or (3) a breach of section 11.3. Upon expiration or termination of this Agreement or Services authorized in an Order Form, Customer shall immediately discontinue all access and use of the Services. In the event Customer terminates this Agreement for a material and uncured breach by Procore, Procore shall, as Customer's sole and exclusive remedy, refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then -current Term. In the event that Procore terminates the Agreement for a material and uncured breach by Customer, Customer shall continue to pay any fees due to Procore pursuant to section 4.1. In addition to any other remedies available to Procore, Procore may suspend Customer's or any Authorized Users' access to the Services, at Procore's sole option, in the event of any violation of this Agreement. Upon termination of this Agreement, Procore shall follow the data return procedures outlined in Exhibit A. 6. PROPRIETARY RIGHTS. Procore will retain all worldwide right, title, and interest (including intellectual property rights) in and to the Site and the Services, the look and feel of the Site, and all copyrights in and to its content. The Site is copyrighted, trademarked, or otherwise protected, and owned or licensed by Procore. Nothing in this Agreement grants Customer or any Authorized User an express or implied right to use any Procore intellectual property except as set forth in section 3.1 above. All proprietary rights in the Services, including the Software and any aggregate usage data, traffic patterns, and Aggregate Content collected by Procore in connection with use of the Services, will be the sole and exclusive property of Procore. Procore retains the royalty -free right to use any suggestions, ideas, feedback, or other recommendations provided by Customer or Authorized Users relating to the Services. Procore may use Customer's name and/or its logo on Procore's website and in its marketing materials to indicate Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-12 PROCOREO that Customer is a client of Procore. Customer hereby grants Procore the right to contact Customer and Authorized Users in connection with their use of the Services unless otherwise stated on the Order Form. All other rights not expressly granted in this Agreement are reserved by Procore. WARRANTIES AND LIABILITY. 7.1 Limited Warranty. Each Party warrants that it has all necessary authority to enter into and perform its obligations under this Agreement. Procore represents and warrants that (1) the Services will perform substantially in accordance with the Documentation under normal circumstances and when used in accordance with this Agreement and applicable Documentation, and (2) the Services provided hereunder will be performed in a professional manner in accordance with prevailing industry standards. Provided that Customer notifies Procore of any breach of the foregoing warranty during the Term, Procore shall, as Customer's sole and exclusive remedy, provide the support services set forth in Exhibit A to this Agreement. The Services may contain links to sites on the Internet that are owned and operated by third parties. Customer acknowledges and agrees that Procore is not responsible for the availability of, or the content located on or through, any such external site. 7.2 Disclaimer. The Services are provided "as is". Except as specifically provided in this Agreement, Procore disclaims all other warranties and conditions, express or implied. Procore expressly disclaims any implied warranties, including the warranties of merchantability, fitness for a particular purpose, title and non -infringement. Procore does not warrant that the operation of the Services will be uninterrupted or error -free. Specifically, third -party content and applications are provided "as -is," exclusive of any warranty. Procore disclaims all liability for any harm or damages caused by any third -party networking or hosting providers. 7.3 Liability. Procore will not be liable for any special, indirect, exemplary, punitive, incidental, or consequential damages of any nature (including Customer's loss of construction business or Customer's failure to use the Services). In any event, aside from its obligations in section 8, Procore's total maximum liability arising out of or in any way connected to this Agreement will not exceed the amount paid to Procore by Customer during the twelve-month period immediately preceding such claim. These limitations will apply whether a claim arises under contract, tort or any other theory of liability. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, Procore's liability will be limited to the greatest extent permitted by law. The limitations set forth in this section 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The Parties acknowledge and understand that the disclaimers, exclusions, and limitations of liability set forth herein form an essential basis of the agreement between the Parties, reflect an allocation of risk between the Parties, and that absentthese disclaimers, exclusions, and limitations of liability, the terms and conditions of this Agreement would be substantially different. 8. INDEMNITY. 8.1 During the Term, Procore shall defend, indemnify, and hold harmless Customer from any loss or damages finally awarded or agreed in settlement arising from a third -party action claiming that the Services infringe any duly issued U.S. patent, copyright, or trademark or misappropriate any trade secret. In addition, if the use of the Services infringes or is enjoined, or Procore believes it is likely to infringe or be enjoined, Procore may, at its sole option: (a) procure for Customer the right to continue use of the Services as furnished; (b) modify the Services to make them non -infringing, provided that they still substantially conform to the applicable Documentation; or (c) if Procore, after using commercially reasonable efforts, is unable to accomplish the foregoing remedies, terminate this Agreement and refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then -current Term. The intellectual property indemnity provided herein does not apply to the extent the alleged infringement arises from (x) any use of the Services not in accordance with this Agreement or as specified in the Documentation, (y) any combination of the Services and third -party applications (including but not limited to Non-Procore Applications), or (z) any Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-13 PROCOREO unauthorized modification of the Services. This section states Procore's sole and exclusive liability and Customer's sole remedies for any threatened or actual infringement of proprietary rights. 8.2 During the Term, Customer shall defend, indemnify, and hold harmless Procore and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, liabilities, judgments, settlements, losses, costs, or expenses of any kind, including reasonable attorneys' fees, arising out of (a) processing of Customer Data within the scope of this Agreement; (b) Customer's misuse of the intellectual property rights of any third party; and (c) any Customer Content that may violate section 3.5 of this Agreement. 9. CONFIDENTIALITY. The Parties and Authorized Users shall, during and after the existence of this Agreement, hold in strictest confidence and will not use for any purpose unrelated to its performance of this Agreement or disclose to any third party, any Confidential Information of the other Party. The term "Confidential Information" means all non- public information that the other Party designates as being confidential, or which, under the circumstances of disclosure, ought to be reasonably understood to be confidential. Confidential Information includes, but is not limited to, information concerning business methods, pricing, business plans, new product launches, new product development, customer and vendor information, internal policies and procedures, other financial information, technical information and design, and the terms and conditions of this Agreement. Each Party shall not disclose the other Party's Confidential Information without the prior written consent of such other Party, except to its employees, contractors, or agents who have a specific need to know such information and are under a written obligation of confidentiality at least as restrictive as that contained in this section. Information will not be deemed confidential if it (a) was known to the receiving Party and was acquired through proper methods, priorto its receipt from the disclosing Party, as evidenced by written records of the receiving Party; (b) is now or later becomes (through no act orfailure on the part of the receiving Party) generally known through no breach of this Agreement by the receiving Party; (c) is supplied to the receiving Party by a third party that is free to make that disclosure without restriction; or (d) is independently developed by the receiving Party without use of or reference to any Confidential Information provided by the disclosing Party. The restrictions on disclosure imposed by this section do not apply to information that is required by law ororderof a court, administrative agency, or other governmental body to be disclosed by the receiving Party, provided that in each such case the receiving Party provides the disclosing Party with prompt written notice of such order or requirement and reasonably assists the disclosing Party, atthe disclosing Party's expense, in seeking a protective orderor other appropriate relief. Upon termination of this Agreement, each Party shall promptly cease all further use of Confidential Information, return to the other Party all physical materials containing Confidential Information, whether the materials were originally provided by the disclosing Party or copied or otherwise prepared by the receiving Party, and erase or otherwise destroy any Confidential Information kept by either Party in electronic or other non-physical form. The Parties acknowledge that the receiving Party will not be required to return to the disclosing Party or destroy those copies of Confidential Information residing on the receiving Party's backup or disaster -recovery systems, or which must be maintained for regulatory or policy purposes; provided that such Party continues to abide by its obligations underthis section. Procore will be deemed to satisfy its obligations to return Confidential Information if it complies with its obligations with respect to the export or availability of Customer Content in Exhibit A. Termination or expiration of this Agreement will not affect each Party's continuing obligations under this section. 10. PRIVACY. The Procore "Privacy Policy" is located at http://www.procore.com/legal/privacy and may be amended from time to time. Any updates to the Privacy Policy will be posted to the Site and will be effective immediately upon posting to the Site. Procore will provide a notification to Customer, via the Site, of updates to the Procore Privacy Policy. It is Customer's responsibility to review updates to the Privacy Policy to ensure that Customer acknowledges that Procore processes Customer Data in accordance with the Procore Privacy Policy. If there is any conflict between the Privacy Policy and this Agreement, this Agreement will govern. Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-14 PROCORE® 11. GENERAL. 11.1 Waiver/Amendment. This Agreement may not be modified except by a written instrument signed by both Parties. Failure by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. 11.2 Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement, in whole or in part, voluntarily, involuntarily, by operation of law, or otherwise without the other Party's prior written consent; except that Procore may assign, delegate, or otherwise transfer this Agreement without such consent to an affiliate or in connection with any merger, consolidation, reorganization, amalgamation, sale of assets, or any other similar transaction. Any attempt to assign, delegate, or otherwise transfer this Agreement other than in accordance with this provision will be void. 11.3 Compliance with Laws. Both Parties shall comply with all applicable local, state, national, and foreign laws, rules, and regulations including all applicable export and import laws and regulations in connection with their performance, access, and/or use of the Services under this Agreement. Customer represents and warrants that Customer, and its directors, officers, employees, and agents, have not taken, and during the term of this Agreement, will not take any action that would constitute a violation of the Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act 2010, or any other anti -bribery or anti -corruption legislation of the United States, or any other jurisdiction in which Customer or Procore conducts business. 11.4 Data Controller; Export. Customer shall comply with all legal duties applicable to Customer, including obligations as data controller by virtue of Customer's role in determining Authorized Users. Specifically, Customer shall provide relevant persons and/or participants with all information Customer is required by law to provide, and, if necessary, shall obtain the consent of these persons. The Services and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that it is not named on any U.S. government denied -party list. Customer shall not permit Authorized Users to access or use the Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria, or Crimea) or in violation of any U.S. export law or regulation. 11.5 Governing Law; Attorneys' Fees. The rights of the Parties hereunder will be governed by the laws of the State of California, without regard to its principles of conflicts of law. Any suits brought hereunder must be brought in the federal or state courts serving Santa Barbara County, California. In the event of any claim, action, or judicial proceeding arising under this Agreement, the prevailing Party will be entitled to recover reasonable attorneys' fees and expenses incurred in resolving such claim, action, or judicial proceeding. 11.6 Severability; Notice. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force. Any notice, consent, or other communication hereunder must be in writing, and must be given personally, or sent via overnight delivery or via email with confirmation of receipt, to either Party at its respective address set forth in the Order Form (or such other address as provided by that Party), or by Procore to Customer via notification from the Services. Notices will be deemed given when delivered. 11.7 Independent Contractors. The relationship of the Parties is that of independent contractors and nothing contained in this Agreement will be construed to make either Party an agent, partner, joint venturer, or representative of the other for any purpose. This Agreement is for the sole benefit of the Parties and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of this Agreement. 11.8 Force Majeure. Nonperformance by either Party (other than Customer's payment obligations) will be excused to the extent failure to perform is beyond the reasonable control of the non -performing Party. 11.9 Entire Agreement; Survival. This Agreement, together with any URLs contained herein, any exhibits, and the Order Form(s), constitutes the entire agreement between the Parties with respect to the subject Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-15 PROCOREO matter hereof and replaces any prior understandings, written or oral. Further, under no circumstances will the provisions of any document issued by Customer (including, but not limited to, any request for quotes or proposals, purchase orders, non -disclosure agreements, Customer exhibits to this Agreement, and vendor forms or registrations with terms that conflict with this Agreement) be deemed to modify, alter, or expand the rights, duties, or obligations of the Parties under this Agreement, regardless of any failure of Procore to object to such terms, provisions, or conditions. If there is any conflict between the terms of this Agreement and the Order Form, the Order Form will prevail. In addition to any rights that accrued prior to termination, the provisions of sections 3.7, 4, and 6 through 11 will survive any termination of this Agreement. Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-16 a*1cii0] Z� =4 EXHIBIT A SUPPORT AND MAINTENANCE 1. Service -Level Agreement Procore has a service -level objective for the Services of 99.9% availability, 24 hours a day, 7 days a week, 365 days a year. Downtime does not include (i) problems caused by factors outside of Procore's reasonable control, or (ii) unavailability of the Services during scheduled maintenance. 2. Support. During the Term, Customer and Authorized Users will have access to technical support via telephone, online chat, email, or self -paced online tutorials. Support hours will be 24 hours Monday through Thursday, 12:00 a.m. to 9:00 p.m. Pacific Time ("PT") Friday, and 7:00 a.m. to 6:00 p.m. PT Saturday and Sunday, excluding holidays. Support does not include training sessions on the features and functionality of the Services (implementation) or training in computer skills considered prerequisite to an individual's ability to use personal computers, the Internet/World-Wide Web, Non-Procore Applications, Customer's hardware, and online software. Upon Procore's receipt of a support request, Procore will use commercially reasonable efforts to answer questions and provide standard error corrections to known problems. 3. Data Backup and Return. During the Term, Procore shall make commercially reasonable efforts to protect the security of Customer Content/Customer Data, as set forth below, and shall complete daily data backups that include Customer's data in an archive format that is kept physically separate from the Procore database and web server hardware. The Services do not replace the need for Customer to maintain regular data backups or redundant data archives. Procore contracts with a third -party data center provider to provide technology services such as network connectivity to the Internet for the servers running the Services. Personnel access to the data center used by Procore for these Services is restricted, and all entrances and common areas are monitored 24x7 via closed- circuit cameras. Public access to the data center is forbidden. Fire -suppression systems are located in the data center, and power systems in the data center are designed to run uninterrupted even in the event of a total power outage. All servers are supplied with Uninterruptible Power Supply ("UPS") power sources that will continue to run if utility power fails. The UPS power subsystem is fully redundant, with instantaneous failover in case the primary UPS fails. In the event of an extended power outage, Procore relies on onsite diesel generators. Generators are regularly tested to ensure functionality in the event of an emergency. For thirty days following the termination of this Agreement, and provided that there has been no material breach of this Agreement by Customer, Procore will make Customer Content/Customer Data available to Customer, at Customer's request, via read-only access to the Service, solely for purpose of allowing Customer to retrieve Customer Content/Customer Data. Customer allows Procore after such thirty -day period to delete all Customer Content/Customer Data. 4. Maintenance 4.1 Unplanned Outages. If a system failure occurs that creates an outage of the Services, Procore will utilize commercially reasonable means to end the outage as soon as possible. Outages due to the Internet, hosting providers, and/or Customer or Authorized User systems are outside Procore's control and, in such event, Procore may assist the Customer or Authorized User in the diagnosis but may not be able to resolve the problem. 4.2 Preventative Maintenance. From time to time, Procore or its hosting providers will perform preventative maintenance, such as updating servers and routers with security patches, and software upgrades. Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-17 .1*Icliol Z� =4 Procore will provide notice prior to any interruption in the Services for scheduled maintenance and will keep any resulting downtime reasonable. Procore will use reasonable efforts to perform such maintenance during non - peak hours. Procore Technologies, Inc. MSA_2019_V1 www.procore.com 25A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2019 TITLE: AMEND EXISTING CONTRACT AND APPROVE NEW AGREEMENT WITH C3 TECHNOLOGY SERVICES FOR MANAGED PRINT SERVICES AND PURCHASE OF SHARP COPIERS IN THE AMOUNT OF $374,564 FUND 109 (NON -GENERAL FUND) (SPECIFICATION NO. 19-013) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Amend existing contract with C3 Technology Services to allow purchases utilizing the NASPO Valuepoint cooperative agreement. 2. Authorize the City Manager to execute an agreement with C3 Technology Services for managed print services for the period of October 1, 2020 through February 28, 2023, in an amount not to exceed $374,564, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana utilizes multifunction printers (MFPs), more commonly referred to as "copiers," throughout the organization to facilitate daily operations. These MFPs have the ability to copy, print, and fax. The City currently owns 90 Sharp MFPs and rents two. The majority of these MFPs were leased between 2012 and 2015 in multiple phases, and the leases were eventually consolidated into one lease that was completely paid off in 2018. On March 19, 2019, the City Council approved a contract that allowed for the as -needed purchase of Sharp copiers from C3 Technology Services (C3), a Santa Ana -based company, augmenting the Sourcewell cooperative bidding agreement. After gaining purchase approval from the City Council, the IT Department worked with C3 to replace 39 of the City's existing outdated copiers. One limitation of the Sourcewell agreement is that in order to get the discounted pricing, the City is required to place an order with a minimum amount of $100,000. Fortunately, C3 also has an approved cooperative agreement in place with NASPO Valuepoint which offers favorable pricing without a minimum order requirement. Staff recommends amending the City's existing contract with C3 to allow for the purchase of MFPs through the NASPO Valuepoint master contract. In addition to being approved as an MFP vendor, on June 23, 2016, as a result of a Request for Proposal (RFP) process, C3 was awarded an agreement to perform managed print services for the 25B-1 Agreements with C3 Technology Services September 1, 2020 Page 2 City. Through this agreement, C3 helped the City achieve a cost savings via the implementation of a managed print services program, which optimizes support and maintenance of printers and copiers for an overall reduced price. Program features include consulting on copier placement throughout the organization to achieve optimal usage, consolidation of multiple printers to one MFP where possible, on -going staff training, and toner management. The managed print services program has not only reduced the City's print services costs but has also created efficiencies for the Information Technology Department. C3 has proven to be a pivotal partner for the City, and staff recommends continuing to contract with C3 for managed print services as well as to incorporate the use of the NASPO Valuepoint master agreement. The end date of the new agreement (exhibit 1) will coincide with the end date of the current copier purchase contract, February 28, 2023. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. C3 Technology Services is an authorized Sharp dealer that offers the National Association of States Procurement Officials (NASPO) Valuepoint national cooperative contract for Sharp copiers and managed print services. The existing NASPO master contract was awarded as a result of open, competitive bidding conducted by the State of Colorado, resulting in master agreement #140603, which NASPO makes available as a cooperative purchasing agreement on behalf of all nationwide governmental and public agencies, and which meets the City's procurement requirements (exhibit 2). Additionally, C3 is a local Santa Ana -based business. By utilizing the NASPO Valuepoint cooperative contract the City is able to obtain nationally leveraged volume pricing on the full line of Sharp MFPs and services. FISCAL IMPACT Funds are available in the Information Technology and Support Services Contract Services Professional expense account (no. 10920148-62300) for FY 2020-21 and will be budgeted in subsequent fiscal years. The following is an estimate of the account distribution by fiscal year. However, the actual amounts may vary between the fiscal years but will not exceed the overall total. Contract Term Fiscal Year Amount 2020-21 October 2020-June 2021 $116,244 2021-22 (July 2021-June 2022 $154,992 2022-23 (July 2022-February2023 $103,328 Total $374,564 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Jack Ciulla, Chief Technology Innovations Officer — Information Technology Department Exhibits: 1. Agreement with C3 Technology Services 2. NASPO ValuePoint Agreement 25B-2 AGREEMENT WITH C3 TECHNOLOGY SERVICES TO PROVIDE MANAGED PRINT SERVICES THIS AGREEMENT is made and entered into on this I' day of September, 2020 by and between C3 Technology Services, ("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City has elected to purchase Sharp Copiers via a Purchase Order Contract (#5683) with Provider via a Purchase Order Contract approved by the City Council on March 19, 2019. Subject to approval by the City Council, Provider entered into a cooperative agreement with NASPO Valuepoint, which has favorable pricing without a minimum order requirement to purchase equipment from Provider. B. Provider has been engaged with the City for similar services with the City since 2016. City wishes to further engage with Provider for maintenance and repair services for the City's multi -function printer and copier units. Provider represents that it is able and willing to provide such services to the City in RFP No. 16-076 C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Provider shall furnish managed print services on a cost -per -click basis for all the City's multi- function printer and copier units. These services shall include the following: (a) fully service for all printers and copiers, (b) configuration services, (c) end -user training, and (d) provision of all operating supplies including without limitation toner, cartridges, developer, fuser oil, rollers, print heads, drums, circuit boards, imaging unit, and staples. The services shall be performed on -site and in accordance with the guidelines and standards appearing in Exhibit A. Provider shall not be responsible to supply paper for any multi -function printer or copier. Provider's proposal is incorporated herein by reference. City shall have the option to purchase document management software during the Agreement. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total annual amount to be expended during the term of this Agreement shall not exceed $374,564. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed,subjecttoCity accounting procedures. Payment need not be made 25B-3 for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on October 1, 2020 and terminate on February 28, 2023, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent Provider and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Provider under this Agreement ("Documents & Data"). Provider 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. Provider represents and warrants that Provider has the legal right to license any and all Documents & Data. Provider makes no such representation and warranty in regard to Documents & Data which were provided to Provider by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, 2 25B-4 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 Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Provider is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Provider pursuant to this section: i. Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. 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. Provider shall supply City with a fully executed additional insured endorsement. f. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Provider 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 3 25B-5 to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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. S. INTELLECTUAL PROPERTY INDEMNIFICATION Provider 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 Provider to the City pursuant to this Agreement. 9. RECORDS Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement. All such records and invoices shall be clearly identifiable. Provider shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Provider under this Agreement. 10. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no 4 r fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all services performed by Provider prior to receipt of such notice of termination, subject to the following 25B-7 conditions: a. As a condition of such payment, the Executive Director may require Provider 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 Provider consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Provider shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 r Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief Innovations Officer Information Technology City of Santa Ana 20 Civic Center Plaza (M-42) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5381 To Contractor: C3 Technology Services 1536 E. Warner Ave. Santa Ana, CA 92705 Attn: Tricia Sanchez 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] 25B-9 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 Bv: Q 111 Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Innovations Officer, Information Technology CITY OF SANTA ANA Kristine Ridge City Manager PROVIDER: Tricia Sanc ez Principal I 25B-10 EXHIBIT A 25B-11 I, SCOPE OF SERVICES Service Provider shall provide a Managed Print Services (MPS) proplim that tits the City's printing needs. The grog in shall include all of the City's prinking devices, exclluding wide format printers, plotters, dot matrix printers, label pri aters and any other types of printers that do not print on standard office paper sizes (i,e, 5,5" x 8S", 8.3" x I I', M" x 1.4", 1 l" x 17") under a management and maintenance program With supplies, Set -vice, pails and labor included. Paper is excluded. All cost will be covered and charged on a per click charge basis. Service Provider shall provide n2inagement and preventative maurtena ree for print and copier devices that lure installed and located throughout the City, Maintenance shall be Performed on -site at the City location of each unit in accordance with manufacturer specifications and recommendations for each respective unit. A full walk through of all e(Itti )wont sites is required, For non -networked units, service provider is required to pull meter reads manwAly in a timely manner, for billing cycle. Current inventory list must be. up to date and comnzun.icatcd. C3 Technology Services have been working with the City of Santa Ana providing MPS and adjusting to requests as needed. We will continue to keep an open communication to better our services and tine tune the process. C3 will perform on - site maintenance for each unit unless additional service is required. If a unil is required to be taken to our warehouse, a loaner device will be sent out to minimize downtime. C3 will continue to pull meter reads manually from non -networked devices until the City upgrades to networked devices A. Technicians - All technicians should be factory trained and certified on Shark USA, Canon USA and llewlett Packard equipment. All of our technicians are factory trained and certified with Sharp, Canon and HP. A reintroduction will be arranged be, ween C3 and the City to meet our new members and review expectations B. Service Cells - I. All service calls will be logged with, details of the technical issue and a vendor provided equipment identification number (to tdenfify equipment location and model information), 2. once logged, a teclydcia A nnrst contact the customer within 1 hour to provide an Estimated Timo of Arrival of on -site arrival, within 4 hours of initial service call. 3. lithe 4 hour response ral is after hours, the technician will arrive first thing the next business day based on the customer's hours of operation, 4. 'During any service calls, the technician will chock any wearable parts and the life expectancy Of coasut wble parts and replace as needed. 5, If parts need to be ordered, the technician wilt provide an Estimated'rime of Arrival to the customer for a resclieduled appointment. In this case or any outer reason the equipment is down for more than 1 day, a loanor with similar capabilities and Features will be provided by the vendor. f ` -------•--Ii.36 FNlcnrar Srn•In Anc,CA3D11iYt9 11`a(09V00 frae'. I79 4n1�2711 ,rrvr3lerh+olagy ;eMcas.--•-- 25B-12 C; Tocb S 6, Any equipment with persistent, con(inuous problems will be rel)kicecl with a device with similar specifications and features. C3 acknowledges the above requirements and will continue to provide calailed summary reports for the City. Our technicians are trained to cornmunicote to the end user at each service call regarding any issues and diagnosis, We stress communication and always try to be cis transparent as Possible with our customers, All of our customer service reps can track where each technician Is with our fleet tracker. They are also able to reroute technicians for emergency calls to keep the customers at minimal downtime, All technicians have basic parts inventory in [heir vehicles. This allows thern to easily altain parts without having to make secondary trips to the warehouse, SAMPLE ASSET TAG Atili CSR Technolejgy.s.�Prvices IDJ2,345t,-'. p.0IIes(§c3os.corn M"N-Ico:qc3os'corn , Hdordo Stelundho Auignod CU Rmlnfhi Lowery Service calls can be taken by phone or email by our dedicated customer service representatives in our office. Fidoncio and Samantha are fully trainecl to always answer the phone when a customer calls. We believe in a personal touch when handling custorner service, At no time will the City be subjected to choosing voice recorded options, interacting with on cul:cmated phone system or be, transferred overseas for customer service. Once the call is received, our CSR's will dispatch the call to the nearest technician with the details of the. hckel. The assigned technician immediately receives the service work order on their smart phone and is required to call the customer within an hour with an ETA. The technician will be on site within 4 business hours. If the 4- hour response falls after hours, technician will arrive first thing the next morning based on the customers hours of opercition. Service calls can be escalated with upper management if it is an urgent matter. i I 1 '/1' --1536 F Warror Sor t,.) A,a CA 92105 lei W 4) J69.1 700 Por. (7 ji 54 1 V e,,Fr,e, 25B-1 3 Upon completion of work, the technician will close out the call and log any reschedules or issue a follow up appointment. Service reports are reviewed by the service manuiger and then issued to the customer as a summary report. We are fully transparent with our customers from the time of the call to the arrival and service time, We also share the technician's remakrs with the customer, Service calls outside of the 10 call protocol will be placed on immediate attention. When the technician inputs the par l numbers needed for the repair, our warehouse manager will start preparing the parts available. The technician can return to the warehouse to pink it up and continue the call or reschedule at the City's earliest availability. C. Teo n a 13upp rt — Service Provider shall provide tecluucat support ror all equipment and software an the Multi -Function Devices (MFD) under lease by the City, including applicable 3`d party software and hardware. 'The City shalt not be required to deal aeparately with a 3111 panty venclor. 'Phis support includes any applicable 3" party software that may be added by Service Provider daroughout the term of the agreement. C3 will handle all communication between FM Audit Lind Sharp's OSA partners. New updates and software migration will be conducted by C3 with assistance from the City Il' department. Future software purchases will be handled by C3 throughout the terra of the agreement as well D. qr 9 qnd Supplies — Service Provider will use only Ori&al Equipment Manulacturer (CEDED parts and supplies for all of our Sharp and Canon MFPs. Desldop printers may be supplied by any certified manufacturer and, distributor of prenaitau reptacernent toner cartridges. Vendor will provide ftil.l warrtnuy of all parts rind supplies and guarantee their wortonanslip, C3 will use only OEM parts and supplies for the Sharp and Canon fleet, We will provide full warranty of all pails and supplies and guarantee their workmanship, If a model is no longer supported by our manufac turer, we will source otal parts until they are no longer avolicbie and aler'r the City E, ferylCe Reports — Service reports will be made available upon request by a designated City representative. These reports will include but are not limited to: Car Log Number; Description of Problem; Date and '['line Call Was Received; Contact Name and Phone Number; Ecinupment 1D Number; Equipment Make and Model; ;dcluipment Location; Datc and Time of 1" Response; Date and Time of Arrival at Location; 'rota) Hours of Down. Time, 7feclniciar7 s Narne; Technician's Comments; Dare and Time Call Was Closed. -------^�536®wa1"6c 30rtej nnO rn 42705 Tei; Plbr 689-1700 Fa'A''P14; 6 1 ' 2117 .wu,v,c915chooioyy_aeivices I!I 25B-14 Sample Service Surnmary Call numbel'1 S — t75 InwPoe mmberi INY53147 C.e9 type: )emmbnJ Coll deexdpt:bn. pepee Je,lt tried everything N tic it and �...... shll sj,mmad Cell rs:eirodi 07105(15 04W, pm Meter deter 0-/071,2016 Call role>sedl _ Cell drsV,ttbal2: 071{l"fM 10124 on, SY.9 d43AA5 tall s,rn^ad: 07i07116 UNDO am Color ssaaa Cell Rnfshudt o7107j75 11:29 om RReponSehomm a,a: Rep,:.- haulsi o.96 Incanspla_te Code' Neal Parts TgLI1r11C1,n1 ]ornmY M.bilGxay RepoO' meoor4t M4.r Ism amrdlon 'n the fuser. Fuser olreody hod damapm end I ah akad Pd axes et 99%, Tratufer is 4 9A4a so I will :Fen. a 1,em both. 7ACIrn'timt DataiTlme Fours ReNea Mlle, a_ tnt,i Jeremy Hollow v C4sp,khr 7(7/16 b0r24 snT Trwall om &p0 $tl.00 AtTi44 7!7j10 i0:70 am l.nbnul 0.C5 $0.00 Depmdlre, 7(7/16 11:29 sm CoeNmel oleo $0.00 Nest PM d too Nest P14 metor, o Ni SA71900 Cond'act Numbed CI4,17.01 Item Wribar: PCa,5240N Conned: Md:e/r,odell. $HARP; Shale MY,5240N 2 POM Color TOP Ten'1b.Tly1 tlbrdt County 941iol nwnber+ 25007X Bill cadet Cost. par Copy CusbImert City of Santa Ana soarot sl 10Cadan Custl City of Santo Ana Police Dapntment 60 C'Mc Captor plea. ':ant, Ant, CA IV% At the end of every service call, our custorner service representatives send out detailed summary reports to our end users regarding the call, At no point do we riot share any information that our technicians passed down, If required, we cars also send the surnrnary reports to department managers. -- I Do P. Wurrel iallfa Ano(,A 7Q103 Tel. I7161559 7C0 Per,: 171 Ai 54'2711 Nwll c3t,111n>IPyv seal[=5--^--»-m- 25B-15 (j3roah a fr, Soft_a — Setvice Providertivili use fpproved software tis their Data Collection Ageut to mmnitor toner levels, auto toner replenish„ meter counts, and device status w proactively nianage the fleet of printers as well as connected multifunctional devices on die network. C3's approach to completing the work specified in the Scope of Work will be to utilize FM Audit cis our Data Collection Agent (DCA) to monitor toner levels, meter counts and device status to proactively manage the fleet of primers Fidencio and Samantha will be assigned to the City to monitor supply levels daily. They will ship out the supplies directly to your end -users. Typically, triggers are set at 25% toner capacity to cdert cur staff of a toner replenishment order; however, C3 will set the threshold for toner orders to accommodate the City's requirements Data collection consists of page counts, device description (configuration) and device status and is collected via SNMP (Simple Network Management Protocol) and ICMP (Internet Control Message Protocol). Standalone workstation is not needed to run the Printer DCA monitoring service and discreetly runs in the background for end -users' convenience, 1. Bitting will be provided to the City in a monthly aucVor quarterly cycle, on a per click basis J BD), 2. Billing will consist of l invoice including base cost and overage cost for NIPS .Copiers; I invoice Including base cost and overage cost for Printers. Invoices will include: Equipment. M numbers; 'Start and End meter reads for each piece of equipment; Total Copies/Prilits for the period for each piece of equipment; Totals for All Equipment Combined; N'tnber of CopieslPruits Covered in the Base Cost, $. Prices presented in Service Provider's approved proposal will rennin the same: dnroughout the entire terin of the agrectxnent.. Prices established in any continuing agreements may be adjusted Clue to inflations or changes in operating costs and must be approved by the City. Service Provider will submit troy price adjustment 90 caiandar days prior to the anniversary of tine ayn cement as well as all supporting documentation, as proviciccl by the U.S, Department of Labor Consumer PriceCndex (CPI), C3 agrees to the terms listed above, Any future requests to customize the billing format will be accommodaied, C3 wants the City to be able to analyze the billing cis easily as possible. Price will remain the same throughout the entire term of the agreement, ----1536 E'Namo, SaMCAna ^A ?2109 Tel, Ei'alb) 37rp F :174164'-21'7 viry vq)icchnolnyiservic2s 1�t III 25B-16 01 Sample Invoice; �,Technalugy Services P'17''II 359-17x F;(71 A16A 1-V12 nv;'.Y.C.�ilf;t;^P/lUC1%-iE'.rvil:k I SKJY'C;lS9tIdS,l.d:a": tj 1SU F Yaarrer Ave. SjMa Aria CA 92105 63 0111 70: GW Of firta Ana gl5t0mtr: jy ef0antt Ana 20 Civk Cantor 0r 4 36 CNICCenttr(!rrva Santa ana, Ca 9270. Sara. Ana CA AM2 VA CONTRACT INVOICE Imlou Numbnr: LYwa,000 Ln%ri,i Pitt', 03(I012016 SIIIt4nup Canbrrs b.m rrlt eHergtfm wy bd!In9 pelted YB.CO. G*rVatt txemas dlumk(01 the 3rR0(10ts Ip 0091016 OYw+at l,,W S mo— Dttzd! Etpr'ment l"thijNd I'Mer tBls Contrast cano ICARO"IP, 6205 Numbnr 5eNnl NnmOer Bbnt Ad1• LemHuO SA]lAB2 OIWL02!40 SO.CB Sty tF SunW Ana iO:MC <mYar t4lw SenLe Anx,CA 42vNk itk•, T. MleI P ijt F$I -l1A. 7,111 C—icz P11bl kb p y B1W BAY p31766 Aa"50 NAN "'SPY.yang. dddl balmy SJ.CO SHARP/hIX-2615N NwnL<. fi.r!nl Nuvbov Bnae aaj. Lpwtlpn bAT.543 :SPB6J13 59iC0 cte a( &Xtn ann-C�ry !eM ]a 2auNr pushy AvenuV bid. a blaW Aila, CA WO t,t, 7voe ball Wnw Burin MO,, End Na M c1leru IXU Ce141. B I,LI 4 pYe a ot'v Riv! UALO Nf.=, 1.411 ^''&e avz�ege deh+lkbalnw Cti-0I' Calar 63.500 18.159 1.158 Sye mea9a del,& W. Sa. Q1 NVinbnv 6911il Numb- But, MI. Laex Lion 10.>!561 250R5069 ±,J,60 fyy p(?�nra Ane °V {irk MntJ B�IYn 5mrtu 4ne.:A 9t%0. 1!tj p Nnlui Emup Bsan lilt,, Wd Pitt., Cr,dh 'g.w fover•A 9L16a ;n{s Ove'ru B%W 01W 46,011 4412 0 '""'lexwaraga Aa gils Lalaw Ccer Cybr 44109 54,109 0 "•Sse av-mgz MF+!IS Lelax YnCO --^, IjNSE War^Nl iarfra Att]GAt7.lri riOt l7r4j 589-`7., 1 00'Mnx-11'nl 6d1-21==+ v.ervr.e3lnchnn!agyser•%�eaA 25B-17 if. TrWn—inA — Service irovicler wal provide training to staff members as neeced, When doing site checks, departments will be asked for retraining. Our learn will be ready to answer questions and see where more support is needed. The City also currently has a personalized MySharp, account to view tutorials and watch videos on how to do certain types of jobs SELECT A MODEL W ......... . I. Toner Qartrft�Rec ci in — Service Provider shall have a recycling proV'am for itt printer and copier used cartridges, Service Provider shall agree that at associatecl costs of recycling are the responsibility of the Service Provider, C3, in partnering with Sharp and Canon have a recycling program that ships out boxes pre -labeled to be picked up by a logistics company, 'the selup has been configured so that the City can also request odditioncil boxes from Shap and Canon, Sharp's Link hit arnjaLoL�t�fLrp ncnn n igm Rec Canon's Link ____1 i36 AWlllll il:,Wl A11.1 GA 921703 Ili: (T4) 684,17ro rqA: 17141 JAI�Z7i7 serj,v,,.,s It 25B-1 8 L •W1Wh4D&MrP19aAfi ^ a ll delivery Oorges, pkekup Q11arg'os And snt,rp And network iwearati.on eeevice reds Are I=Imied. in the per click chnrgos, Cmirter dekivedas ragrrirV(t moy not be 11VALded. C3 acknowledges These terms K, CUsiomep 8atl�faotlon 6Urvov� Service Provider shall assist the City hi conducting an annual suavoy to ensure ontt user aoneesras are addressed and satisfaction is upheld at the higieat level. With quarterly account reviews, C3 avill be able to address user concerns cirri keep saPisfacfion at the highest level I., 93ovlew of Bea pU,- An annual or semi-ann 191 review ot'Sorvice Prcvkder'wlll be conducted at the City's discrctiotrwiUr an Initialrcvtew Alter the tirat 6 mouths, C8 ocknowledcaes this term M. C3 will provide additional features in the FM Audit software at no additional charge, to Include the following; • Provide dotelied end -user analytics and reports that can be exported from the client directly from the FM Audit client portal • Live mapping of City devices adds benefit of seeing toner levels/service requests on a map instead of list • Rules based behavioral medication can decrease printing usage • Develop a true document management strategy focusing on who what, when, where and how much • Setup and deploy customizable windows and automatically list alternate printers & savings N. C3 will integrate their service request ticketing system with City's IT ticketing system O. C3 will provide the Paper Cut print Management software should the City utilize it at an annual amount not to exceed $18,000. 714 n CI'� ^�^^^--^•r^,—+ii]h6Nlvrnei Snb An nq CA V29g5IPI;VWB0 16Iftlp Yu6aii41 �'^'1],1 nJru rAlaphnoi0q>sarobon�•^^�•--••••d 25B-19 i.10111 WE 25B-20 EXHIBIT 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOUR NIANAGLq PRINT SERVICES 16•076 COST SHEET Coast For servi,ccs based on a per click charge, billed quarterly, All charges trust be included in the per click charge. No additional charged will be accepted or approved For pttytnent. Please I)rovicle your best price per click, as inclicated below, The City is n of interested in participating in a contract wherein a naaxn�iurn number of clicks per month are assigned and overage charges are applied. therealter, Copiers Black/White click charge LOi 005'72 Color click chtsuge JO,019 � I Printers Blick/White click charge ,, 0,0129 Color click charge $0,0595 (0 ENI) Primers Black/White click charge 0,035 [color click charge $0, 15 Please describe any deviations from the RFP specifications, below, [Clio deviations, state `:none". Inibrmation can be provided on separate sheet. CJeviakians Cxplarzatiolls; We included OEM totter costs for users that require QENI toner, Please note, CYS new click chrarges reflect managed print services orily. We will no longer charge For �onsuttadon services. It was only for the initial start of our contract back in 1-011. -File undersigned provider agrees to provide set -vices in accordance with. the specifications. UW`c have stated herein the services anti fees that Uwe will furnish and deliver as specified. Award shall be, based upon the evaluation criteria included in Section 6, Where there is a discrepancy between words and Figures, W0RDS.S1-lALL GQVERN. ` 4eroxser Signatur Date f " 15rinted Namo and TdVe Company IY 25B-21 NASPO ValuePoInt NASPO ValuePoint Master Agreement Terms and Conditions For Copiers and Managed Print Services A Contract for the NASPO ValuePoint Cooperative Purchasing Program Acting by and through the State of Colorado (Lead State) Department of Personnel & Administration State Purchasing & Contracts Office 1525 Sherman Street, 3`d Floor Denver, Co 80203 0TV Sharp Electronics Corporation 100 Paragon Drive Montvale, NJ 07645 Master Agreement Number: 140603 Page 1 Copiers and Managed Pdnt Services - RFP-NP-1"01, NgSPO ygloeft2t Nester Agreement Teems and CondiOons. CMS p 140803 y 25B ZZ `1 1. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW. ...................... ............. -.. . ........................... 4 IA. Parties .............. .......... ........ --- ..... ................... .... . .......... -------- ... .. .. .. .. .. ........ -_4 1.2. Effective Date..... ... ........ ....... ........... .......... ................ ....... . -- ...... . ---- ...... ... 4 [3. Master Agreement Order of Precedence ............................ .......... ..... - ............. ................................ --4 1.4. Term of this Master Agreement.. ..... -- ..... .... ... -- ....... ..................... . . . ...... . ............................. - .......... 4 2. DEFINITIONS .............. ................... ..... I ....... -, ........ I ....... ........................... . . . .... . ......... . ............ 5 3. NASPO VALUEPOINT PROGRAM PROVISIONS--.- ....... -.- .......... I ............ ....... --.- 10 3.1. Price and Rate Guarantee Period , - - -------------- ............................ ....... . . . ................ . ...................... 10 3.2. Participants and Scope ...... . . . .... . .... . .... . . . ... . . . ...... .................... ...... -- ........ .......... 11 3.3. Administrative Fees , ........................................................................ .... --.- ... -- .... ...... ............... 13 3.4. NASPO ValuePoint Summary and Derailed Usage Rep . ....... . . . . . . ........................................................13 3.3. NASPO ValuePoint Cooperative Proam Marketing and Performance Review .... .................................... 15 3.6, NASPO Valueftim. eMatd CeNer .............. ... . .... ....... .......... ........................ -- . . ................. 16 3-7, R3ght to Publish . ..... ... . ... .............. . . . . . .............. . . - . . . ... . ................ .............. 18 3,8, Indmdual Customers ............ . ...... . .. . .... . ........ . . . - .... ..... -- ........ ..................... -.- ............... Is 4- STATFNUNT OF WORK.....,.,..._ ................... . ....... .......... - ..... - ..... ..................... . ........... . .. .......... . .......... is 4.1. Overview .................................................................................... - ....... -- ........ .............. ..... I& 4.2. Authorized Dealers ......... . . . . . . ...... ............................. . ........ . ...... -.- ............. 19 4.3. Product Offerings ................... ......................................... -.- -------- . ....... . . 20 4.4. Service Offerings .......... . ............... . ..... .............. .......... 25 4.5. Purchase, Lease, and Rental Programs .... -- .................. ........... ............................ ...... . ... . .. . . ...... 33 4.6. Security Requirements. ....................... ............................. ... - ............ ........... . . . . . . .................. --- ... . .... 38 4.7. Equipment Demonstration Requirements .... . . .... . ................ . . ........ .... . ........................... . ............. . 39 4.8. Shipping and Delivery Requirements .................... -- .... . ....... . ....... ........ -- .............................. ........ 39 4.9. Equipment Installation Requirements.. .......................... ................... . .. ........ --- ...... ...... ---40 4.10. Inspection and Acceptance ................................................ .......................... ......... --- .................. 41 4.11. Warranty Requirements ....................................... . . ....... . .... . ...... . ............ . .... . ........... ........... - ............ 42 4.12. Customer Service. ..... --- ....... --- ......... ..................................... ... . ........ .......... ..... --- .... ....... 43 5. ADMINISTRATION OF ORDERS... ........ ....... ...... .. . . . ...... .. . ............. . 44 5.1. Ordering and Invoicing Specification...... . . . ......... . ................. . ..... ........ - ............. - ..... ..... --- ......... 44 5.2. Payment --- .... -- ...... . . . . .... . .... . ......... . ....... . . ...... ......... . .. . . ...... -- ............ .......................... ...... 46 6. GENERAL PROVISIONS . . ........ ... . .... . -, . ........................................... --- ............................. 47 6.1. Insurance .................. .... . . . . .... . .... . ... . ............ . . . ...... . . . .... . ...... . . . ..... ---- ......... ................. ........ 47 61. Records Administration and Audit --- ...... . ........... . . .................................. . .. .......... A& 6.3. Confidentiality, Non-Disclostire, and Injunctive Relief- ... . ... . .... ...................................... -- .... ... 49 6.4. License of Pre -Existing. Intel lectuat Property .......... ........ ......................... ............................ . ........ ........ 49 6.5, Public Information - ... .............................. - ........ ........... ....... -- .................... .............. ....... - so 6.6. AWgnmem/Stibcontracts. .... ..... . ..... . . . ........... ....... ....... ....... . ......... 50 6.7. Charles in Contractor Represcr"iGn ........... -- ............ . .......... . .................. . .... .............. . .... . ...... . ......... 50 &S. Independent contractor ................... ........ ................ ....... . ...... . . . . .... — .... -- .... -- ......................... 50 Pop 2 C061S and M"Ud FFkr4 Sfr#$Dn - F$P-W-16-001, HASPO VilwePolnt M@3t*f Agmemen! TH"s e rhl Gandilkns, CMS 0 1 W03 25B-23 6.9. Force Majeure...............................................................................................................................................50 6.10. Defaults and Remedies.................................................................................................................................50 6.11. Waiver of Breach ..........................................................................................................................................51 6.12. Debarment.....................................................................................................................................................51 6.13. Indemnification............................................................................................................................................. 52 6.14. No Waiver of Sovereign Immunity ...............................................................................................................52 6.15. Governing Law and Venue...........................................................................................................................53 6.16. Assignment of Antitrust Rights.....................................................................................................................53 6.17. Contract Provisions for Orders Utilizing Federal Funds...............................................................................53 EXHIBITA, PRICE LISTS........................................................................................................................................55 EXHIBIT B, SAMPLE D&A CERTIFICATE...........................................................................................................56 EXHIBIT C, AUTHORIZED DEALERS BY STATE...............................................................................................57 EXHIBIT D, AUTHORIZED DEALER FORM........................................................................................................ 58 EXHIBIT E, NASPO VALUEPOINT DETAILED SALES REPORTING TEMPLATE .........................................59 ATTACHMENT A, SHARP MASTER LEASE AGREEMENT...............................................................................60 ATTACHMENT B, SHARP SERVICE MAINTENANCE AGREEMENT..............................................................63 ATTACHMENT C, SHARP SAMPLE MPS STATEMENT OF WORK TEMPLATE............................................66 ATTACHMENT D, KAYLEIGH EULA...................................................................................................................69 Page 3 Copiers and Managed Print Services - RFP-NP-1M01, NASPO VeluePelnt Master Agreement Tenns and Conditions, CMS # 140603 25B-24 1. NASPO VALUEPOINT MASTER AGREEMENT OVERVIEW 1.1. Parties This Master Agreement is entered into by and between the State of Colorado, acting by and through the Department of Personnel & Administration, State Purchasing & Contracts Office (hereinafter called the "Lead State'), and Sharp Electronics Corporation (hereinafter called "Contractor"), for the procurement of A3 MFD's, A4 MFD's, Production Equipment, Single -function Printers, Scanners, Software, Supplies, Managed Print Services, and other Products and Services as approved per this Master Agreement, for the benefit of Participating States, Entity's, and Purchasing Entities. The Contractor and the Lead State hereby agree to the following terms and conditions. 1.2. Effective Date This Master Agreement shall not be effective or enforceable until the date on which it is approved and signed (hereinafter called the "Effective Date") by the Colorado State Controller or designee. 1.3. Master Agreement Order of Precedence 1.3.1. Any Order placed under this Master Agreement shall consist of the following documents: a) A Participating Entity's Participating Addendum ("PA"); b) NASPO ValuePoint Master Agreement Terms & Conditions, including all Exhibits; c) An Order issued against this Master Agreement; d) The Solicitation, RFP-NP-18-001 Copiers and Managed Print Services; e) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State; and f) Contractor Supplemental Documents, including all Attachments. 1.3.2. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and shall be incorporated into this Master Agreement. 1.4. Term of this Master Agreement 1.4.1. Initial Term -Work Commencement. The Parties' respective performances under this Master Agreement shall commence on the Effective Date or August 1, 2019, whichever occurs later. This Master Agreement shall terminate on December 31, 2021, unless terminated sooner, as specified in §6.10, Defaults and Remedies, or extended further as specified in §1.4.2 below. 1.4.2. Extension of Agreement. This Master Agreement may be extended beyond the original Contract period for up to three (3) consecutive one (1) year additional terns, upon the mutual agreement of the Lead State and Contractor, by written Amendment. The total duration of this Master Agreement, including any extensions, shall not exceed five (5) years. 1A.3. Amendments. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the Lead State. 1.4.4. Cancellation. This Master Agreement may be canceled by either party upon sixty (60) days written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights Page 4 Coplers and Managed Pdnt services - RFP-NP-18-001, N 8 trPfgster Agreement Teems and Condieons, CMS # 140603 2. of payment for Products delivered and accepted, and rights attending any warranty or default in performance in association with any Order. Cancellation of this Master Agreement due to Contractor default may be immediate. The following terms shall be construed and interpreted as follows: Term Description A3 MFD A Multi -function Device which is designed to handle letter, legal, ledger and some smaller paper sizes, such as postcards and envelopes. A Multi -function Device which is designed to handle letter, legal and some A4 MFD smaller paper sizes, such as postcards and envelopes. Ledger size paper is NOT an option on this Device. A written notice from a Purchasing Entity to Contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a Product Acceptance for which Acceptance Testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the Product, unless the Purchasing Entity provides a written notice of rejection to Contractor. The process set forth in this Master Agreement for ascertaining that the Acceptance Testing Product meets the standard of performance prior to Acceptance by the Purchasing Entity. Accessory A compatible item that is added to the Base Unit to enhance its capabilities and functions. The Contractor's authorized sales and Service center (also known as a Authorized Dealer Dealer, or Partner) that must be certified by the Contractor to sell the ("Dealer") Contractor's Products, and perform machine installation and maintenance on Devices offered by the Contractor. A Purchasing Entity must be able to, at a minimum, visit the sales and Service center to view and test Equipment. The copier, printer, Scanner, Large/Wide Format and Production Equipment Base Unit that includes all standard Accessories and parts, and excludes optional Accessories and/or software. A rate that is derived by taking the b&w and color cost per click rates on one Blended Rate or more Devices and calculating one rate that a customer will be billed for all copies, regardless of Device type and b&w or color output. Allows for simplicity when billing copies run. Bronze Standard Devices which meet less than 50% of the 28 optional EPEAT criteria. Business Day Any day other than Saturday, Sunday or a legal holiday. The early termination option on an FMV or $1 Buyout Lease that involves Buyout to Keep the acquisition of the Equipment by the Purchasing Entity, and consists of any current and past due amount, plus the remaining stream of Equipment Payments. The early termination option on an FMV, $1 Buyout or Straight Lease that Buyout to Return involves the return of the Equipment by the Purchasing Entity to Contractor, in good working condition(ordinary wear and tear excepted), and consists of Page 5 Copiers and Managed Print services. RFP•NP•164101, NjPQYaWeP2 Alpster Agreement Tens and Conditions, CMS # 140603 any current and past due amounts, plus the remaining stream of Equipment Payments. An agreement that is cancellable upon the Purchasing Entity providing the Cancellable Rental Contractor with a thirty (30) day written notice, and is subject to a maximum penalty of up to three (3) months of Total Monthly Payments. Equipment ownership is not an option. Ceiling Pricing Pricing that is established as a "not -to -exceed" amount; the maximum price Contractor may charge for Products, Services, and Supplies. Chief Procurement The individual who has the authority to supervise and approve the Officer of all Products and Services needed by the Lead State or a Participating Participating State. Contractor The person or entity delivering Products or performing Services under the terms and conditions set forth in this Master Agreement. Two or more leases or rentals that end at the same time. The original lease or Coterminous rental payment is modified to reflect the addition of a new piece of Equipment or Accessory. The original term of the lease or rental is not modified as a result of a Coterminous addition. Device Also referred to as "Equipment." The Base Unit, either with or without optional Accessories and/or software. Materials which are easily identified, measured, and charged to the cost of Direct Material production; part of the finished Product. Examples include timber for furniture and leather for shoes. Electronic Product A tool which evaluates and selects Equipment according to a list of preferred Environmental environmental attributes. EPEAT registered means Devices meet the 1680.2 Assessment Tool IEEE Standard for Environmental Assessment of Imaging Equipment, as (EPEAT) amended. EULA End User License Agreement Embedded Software One or more software applications which permanently reside on a computing Device. Energy Star The U.S. Environmental Protection Agency's standard for energy efficiency. Equipment Also referred to as "Device." The Base Unit, either with or without optional Accessories and/or software. Equipment Downtime The period of time that a Device is waiting for Service to be completed. Equipment Payment The Equipment portion of the payment, less any Service, Supplies, and maintenance. An agreed upon transaction between the Purchasing Entity and Contractor, Equipment Trade In in which Contractor takes ownership of Purchasing Entity's owned Device, often for a discounted amount. A replacement of the Purchasing Entity's existing lease or rental Equipment, Equipment Upgrade or with a different piece of Equipment, of either greater or lesser value. A new Downgrade lease or rental is then originated for the new piece of Equipment, with the remaining lease or rental payments on the old Equipment wrapped into it. The old lease or rental is closed out, and the Equipment is returned to Page a Copiers and Managed Pdnl Services - RFP•NP-19-001, Nq$PQ9—PG2t 1sterAgreement Tens and Conditions, CMS # 140603 Contractor. Free on Board (FOB) Contractor is responsible for transportation and handling charges and the sale Destination does not occur until the Products arrive at the Purchasing Entity's specified location. The Device classification for the different types of Equipment in this Master Croup Agreement. Groups are determined by the Devices primary functions and/or capabilities. A natural person, business, or corporation that provides Products or Services Independent Contractor to another entity under the terms specified in a contract. An employer - employee relationship does not exist. Initial Lease or Rental The length of time (i.e. 12, 18, 24, 36, 48, or 60 months) that a Purchasing Terns Entity enters into a lease or rental agreement. Any and all patents, copyrights, service marks, trademarks, trade secrets, Intellectual Property trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Largell rde Format Equipment A Device that prints on a large paper via a variety of output options. Lead State The State that is centrally administering this Master Agreement. Per the Governmental Accounting Standards Board (GASB), a lease is defined as a contract that conveys control of the tight to use another entity's nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange -like transaction. For the purposes of this Master Agreement, a Lease shall contain the following options: 1. Short -Term Lease: Maximum possible term is 12 months, including any renewal or extension options. 2. Straight Lease: A type of agreement in which ownership is not an Lease option and the Total Monthly Payment amount remains firm throughout the Initial Term. 3. Fair Market Value Lease (FMV): A lease in which the Purchasing Entity can either 1) Take title to the Equipment at the end of the Initial Lease Term by paying the residual value to Contractor, 2) Enter into a Renewal Term for the Equipment, or 3) Return the Equipment to Contractor at the end of the Initial Lease Term. 4. $1 Buyout Lease: A lease in which title to the Equipment will automatically pass from the Contractor to the Purchasing Entity at the end of the Initial Lease Term, and the Purchasing Entity will not be subject to additional payments in order to assume ownership. Equipment that was purchased, leased, or rented under a prior NASPO Legacy Equipment ValuePoint or WSCA Master Agreement, another program, or via any other means. Maintenance An agreement in which the Contractor provides monthly Service, parts, Agreement Supplies, and Preventative Maintenance on purchased, leased or rented Devices. Page 7 Copiers and Managed Print Services - RFP.NP-18-001. NASPO ValuePo nl Master Agreement Tens and Conditions, CMS # 140603 25B-28 The management, Service, and support of the Purchasing Entity's entire Managed Print Services enterprise and output infrastructure of printed materials, with the objective of (MPS) creating a solution that improves the print process and reduces the expense of printed material. A company that, as its primary business function, designs, assembles, and Manufacturer owns the trademark/patent and markets a Product. Also referred to as Contractor. Manufacturer's Suggested Retail Price The list price or recommended retail price of a Product in which the (MSRP) Manufacturer recommends that the retailer sell the Product. Also referred to as "Contract'; the underlying agreement executed by and Master Agreement between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. Multi function Device A Device which incorporates the functionality of multiple Devices into one, (MFD) such as print, fax, copy and scan. Each feature can work independently of the other. The NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement NASPO ValuePoint Officials (NASPO). NASPO ValuePoint is identified in this Master Agreement as the recipient of reports and may perform Contract administration functions relating to collecting and receiving reports as well as other Contract administration functions as assigned by the Lead State. Devices that have not been Refurbished, Remanufactured, rented, leased, Newly Manufactured sold, or used in a demonstration, and are currently being marketed by the Manufacturer. Normal Business Hours 8:00 a.m. to 5:00 p.m., Monday through Friday (state holidays excluded), regardless of time zone. NSP items are items that enhance or compliment the Contractor's Product, Not Specifically Priced and may be acquired by a Purchasing Entity under Contractor's Master (NSP) Agreement, but are not listed or priced in Contractor's NASPO ValuePoint Price List. NSP's may include Coin Op equipment, empowering software, etc. NSP items do not include Services. OEM Original Equipment Manufacturer. Any type of encumbrance document or commitment voucher, including, but Order not limited to, a purchase order, contract, MPS statement of work, Maintenance Agreement, lease agreement, rental agreement etc.) A bilateral agreement executed by a Contractor and a Participating State or Participating Entity incorporating this Master Agreement and any other additional Addendum Participating State or Entity specific language or other requirements (e.g. ordering procedures, other terms and conditions). Participating Entity A government entity within a state, or an eligible Non -Profit association, that is properly authorized to enter into a Participating Addendum. Participating State A state, which encompasses all government entities within that state, or the District of Columbia, or one of the territories of the United States, that enters Page 8 Copiers and Managed Pdnt Services - RFP-NP-1e-001, N9SP trPgist p4aster Agreement Tens and Condigons, CMS # 140603 into a Participating Addendum. An electronic filter which is placed between an external power line and a Power Filter Device for the purpose of removing frequencies or electromagnetic interference. The servicing of a Device for the purpose of maintaining a satisfactory Preventative operating condition by providing systematic inspection, detection, and Maintenance correction of failures either before they occur or before they develop into major defects. Private Label Products that are manufactured by one company and sold under a retailer's brand name. Product Devices, Accessories, parts, software, and/or Supplies provided or created by the Contractor pursuant to this Master Agreement. Production Equipment A high-speed, high -quality printing Device that typically has advanced finishing functionality. All books and Public Records of a governmental entity, the contents of Public Record Which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and Public Records. A city, county, district, institution of higher education, and some non -profits Purchasing Entity who issue an Order against this Master Agreement via their Participating State or Entity's Participating Addendum. A Product which has received extensive maintenance and/or minor repair, including the replacement of all standard parts subject to wear during the Refurbished normal course of use. Refurbished Equipment shall not have more than 750,000 original copies on it. In addition, Refurbished Equipment must only contain OEM parts. Refurbished Equipment must be certified by the Manufacturer. The process of disassembling Devices known to be worn or defective that can be reused or brought up to OEM specification by cleaning, repairing or Remanufactured replacing it in a manufacturing environment and then reassembling and testing it, so that it will operate like a new Device. Remanufactured Equipment must be certified by the Manufacturer. A lease term that supersedes the Initial Lease Term, and which a Purchasing Entity may enter into upon thirty (30) days prior written notice to Contractor. Renewal Tenn Each Renewal Term shall not exceed 12 months, the residual value of the Equipment, or the Useful Life of the Equipment. $1 Buyout Leases are excluded from going into renewal. Resell Any payment in exchange for transfer of tangible Products, or assignment of the right to Services. The time from when the original Service Call is placed with the Contractor Response Time or Authorized Dealer, to when the Service technician arrives at the Purchasing Entity's location. Scanner A Device that scans documents and converts them into digital data. Segment The various speeds that Devices are categorized by. Page 9 Copiers and Managed Pdnt Services - RFP.NP-18-001, Ny@P69-i ypstar Agreement Tens and conditions, CMS # 140603 Service Base Location The place of business where the Contractor or Authorized Dealer stores parts and provides training for service technicians. Service Call An on -site Service technician visit due to Device error or malfunction. Services The labor required to be performed by Contractor pursuant to this Master Agreement or an Order. Single function Printer An inkjet or laser Device that only prints and is not capable of other functions such as copying, faxing or scanning. Solicitation A written offer or attempt to purchase Products and/or Services through an official Proposal, Evaluation, and Award process. Supplemental Documents include, but are not limited to, lease agreements, rental Documents agreements, Maintenance Agreements, and software or click -wrap agreements that are pertinent to the Products being offered. Supplies Consumable items that gets used up or are discarded once used, such as ink cartridges. Third Party Someone who may be indirectly involved but is not a principal party to an arrangement, contract, deal, lawsuit or transaction. Total Monthly Payment The Equipment portion of the payment, as well as any Service, Supplies or maintenance, and less any applicable taxes, Useful Life Period during which a Device is expected to be usable for the purpose in which it was manufactured. 3. NASPO VALUEPOINT PROGRAM PROVISIONS 3.1. Price and Rate Guarantee Period 3.1.1. The Price List(s) in Exhibit A (Price Lists), identifies a complete listing of all Products and Services the Contractor can provide under this Master Agreement, with the exception of NSP items. 3.1.2. MSRP/List Price discount percentages must be guaranteed throughout the term of this Master Agreement, including any renewal terms; however, Contractor may increase its discount percentage at any time. The Lead State must be notified of any such discount percentage increase, and provided with a copy of the new Group Price List(s). 3.1.3. MSRP/List Price shall remain firm during the first twelve (12) months of the Master Agreement. After this period, Awarded Vendors may update their MSRP/List Price on a quarterly basis, according to the following guidelines: a) All requested price increases must include documentation from Direct Material suppliers detailing cost escalations, and Awarded Vendors must describe how those escalations impact current Product offerings. b) With the exception of Direct Material cost increases, no price increase requests will be allowed. c) Updated Price Lists must be submitted to the Lead State by the 1st day of each quarter. d) Pricing will not go into effect unless, or until, it is approved by the Lead State. Page 10 Coplers and Managed Print Services - RFP-NP-16-001, N2PQVAeP h]pstar Agreement Terms and conditions, CMS # 140603 3.1.4. The Master Agreement pricing IS Ceiling Pricing. Contractor may offer lower pricing on a per Order basis to Purchasing Entity's; likewise, Purchasing Entity's may request lower pricing on a per Order basis from Contractor. 3.1.5. Contractor may offer state-wide promotional discounts, customer location specific discounts, bulk discounts, or spot discounts. Contractor must notify the Participating State or Entity Contract Administrator of special state-wide promotional discounts. 3.1.6. Any revisions to Product offerings (new Products, altered item or model numbers, etc.) must be pre -approved by the Lead State, and will be allowed once per month. 3.1.7. Product updates are required by the 1st of the month and shall go into effect upon approval by the Lead State. 3.1.8. Any Product additions must be updated with Buyer's Lab within ninety (90) days of submission to the Lead State. Failure to adhere to this requirement will result in the Product(s) being removed from the Master Agreement Price List(s) until such time as they can be verified on Buyer's Lab. 3.1.9. Updates to lease and rental rates must be submitted by the 1st day of each quarter. 3.1.10. Price Lists received after the Ist of the month may not be approved for up to thirty (30) days following submission. In addition, errors in the Contractor's Price Lists may delay the approval process further. 3.1.11. All approved Price Lists will be submitted by the Lead State to NASPO ValuePoint. Contractor shall then update all applicable websites with the new Price Lists after the NASPO ValuePoint website has been updated. 3.1.12. All-inclusive Cost Per Copy (CPC) programs may be offered upon request by the Participating State or Entity, but pricing must not exceed Master Agreement pricing. Contractor must provide the Participating State or Entity with their pricing breakdown which enables the Participating State or Entity to easily compare the pricing in the CPC structure against the pricing in this Master Agreement. 3.1.13. Pricing must include all standard shipping, delivery, and installation costs associated with the Products. Excess installation charges or expedited shipping however, may be billable. Refer to §4.9.5 for more information. 3.2. Participants and Scope 3.2.1. Contractor may not deliver Products or perform Services under this Master Agreement until a Participating Addendum acceptable to the Participating State or Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating State or Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating State or Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. Order) used by the Purchasing Entity to place the Order. Page 11 Copiers and Managed Print SeMces. RFP•NP•18-001, Wy4PQya0leP 12star Agreement Tems and Canditims, CMS # 140603 3.2.2. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating States or Entities authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Officer. 3.2.3. Obligations under this Master Agreement are limited to those Participating States and Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. Financial obligations of Participating States and Entities are limited to the Orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Contractor shall email a fully executed PDF copy of each Participating Addendum to PAQa nasoovalueooint.org to support documentation of participation and posting in appropriate data bases. 3.2.4. Participating States and Entities may, through a Participating Addendum, limit: a) Available financial vehicles; b) Device Groups, Segments, Products, Services (including MPS); and e) Any additional items as deemed necessary by the Participating State or Entity. 3.2.5. A Participating State or Entity must sign a new Participating Addendum with Contractor, regardless of whether Contractor has signed Participating Addenda under a prior Master Agreement(s). 3.2.6. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to this Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO ValuePoint cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. 3.2.7. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor, and any such language shall be void and of no effect: a) Term of this Master Agreement; b) Amendments; c) Participants and Scope; d) Administrative Fee; e) NASPO ValuePoint Summary and Detailed Usage Reports; i) NASPO ValuePoint Cooperative Program Marketing and Performance Review; g) NASPO ValuePoint eMarket Center; h) Right to Publish; i) Price and Rate Guarantee Period; and j) Individual customers. 3.2.8. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Officer of the state where the Participating Entity is located. Any permission to participate through Page 12 Copiers and Managed Print Services - RFP.NP-16-001, N g j(alue=glntJster Agreement Teems and Conditions, CMS # 10603 execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. 3.2.9. Purchasing Entities may not Resell Products. This limitation does not prohibit the following; however, any sale or transfer must be consistent with license rights granted for use of Intellectual Property: a) Payments by employees of a Purchasing Entity for Products; b) Sales of Products to the general public as surplus property; and c) Fees associated with inventory transactions with other governmental or non-profit entities, and consistent with a Purchasing Entity's laws and regulations. 3.3. Administrative Fees 33.1. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one -quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. 3.3.2. The NASPO ValuePoint Administrative Fee is not negotiable. 3.3.3. The Contractor shall report on all actual Equipment sales, and on Estimated Service and Supply sales. This method will no longer require the Contractor to capture the actual Service and Supply revenues that are billed to the customer each month. 3.3.4. Industry research has shown close to a 1:1 ration between sales price on a piece of Equipment and the actual amount of Service and Supply costs required to operate that Equipment over its Useful Life. Therefore, to simply the reporting process and remove the burden to capture the actual Service and Supply costs, the Contractor shall report as follows: a) Purchased Equipment: Contractor shall report the actual amount invoiced (less any taxes) for all Equipment sold under the reporting period (calendar quarter). In addition, the Contractor shall report an additional amount equal to the invoice amount and identified as "Estimated Service and Supplies," providing the customer elects to enter into a Maintenance Agreement. Thus, in the Contractor's Detailed Sales Report, for each item sold, there will be two-line items: one for the piece of Equipment, and one for the Estimated Service and Supplies. The amounts reflected for the Estimated Service and Supplies, if applicable, must be equal to the amount of the Equipment. b) Lease and Rental Equipment: Contractor shall report sales according to the Purchased Equipment methodology described in §33.4(a), or they may report the actual amount invoiced (less any taxes) for the lease or rental during the reporting period (calendar quarter). In addition, the Contractor shall report an additional amount equal to the invoice amount and identified as "Estimated Service and Supplies." Thus, in the Contractor's Detailed Sales Report, for each item leased or rented, there will be two-line items: one for the invoice amount to the customer for the Equipment, and one for the Estimated Service and Supplies. 33.5. Some Participating States may require a fee be paid directly to the Participating State on sales made by Purchasing Entities within that state. For all such requests, the fee level, payment method, and schedule for such reports and payments will be incorporated into the Participating Addendum. The Contractor may adjust this Master Agreement pricing accordingly for sales made by Purchasing Entities within the jurisdiction of the Participating State requesting the additional fee. 3.4. NASPO ValuePoint Summary and Detailed Usage Reports The Contractor shall provide the following NASPO ValuePoint reports: Page 13 Copiers and Managed Pdnt Services - RFP-NP-18-001, NB$PSyet{7P J A.tPster Agreement Teems and CondiBons, CMS R 140603 3.4.1. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at httv:.'www.nasvo.org/WNCP0 Calculator.asox. Any/all sales made under the Contract shall be reported as cumulative totals by state, which are inclusive of all line items identified in the Detailed Sales Report. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). 3.4.2. Detailed Sales Report. Contractor shall also report detailed sales data by: a) State; b) Customer Type (e.g. local government, higher education, K-12, non-profit); c) Customer bill -to name and address; d) Contractor or Authorized Dealer Order number; e) Customer purchase order number, f) Customer number; g) Order type (e.g. sales Order, credit, return, upgrade); h) Purchase order date; f) Ship date; j) Invoice date and number, k) Product number and description 1) List Price/MSRP; m) Contract Price; n) Quantity; o) Total Price; p) NASPO ValuePoint Admin Fee amount; and q) Dealer. 3.4.3. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM or flash drive. Detailed sales reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is shown in Exhibit E (NASPO ValuePoint Detailed Sales Reporting Template). 3A.4. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. 3.4.5. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with, and any PA roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. Page 14 Coplem and Managed Print Services - RFP-NP-164001, Ng tyjpe=y0t pQaster Agreement Tems and Condidons, CMS k 140603 3.4.6. Timely submission of these reports is a material requirement of this Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 3.5. NASPO ValuePoint Cooperative Program Marketing and Performance Review 3.5.1. Contractor agrees to work cooperatively with NASPO ValuePoint personnel to ensure that Contractor's personnel will be educated regarding the provisions of this Master Agreement, as well as the competitive nature of NASPO ValuePoint procurements, the Participating Addendum process, and the manner in which Participating Entities can utilize this Master Agreement. 3.5.2. Contractor agrees, as Participating Addenda are executed, and if requested by NASPO ValuePoint personnel, to provide plans to launch this Master Agreement program within the Participating State. Plans will include timeframes to implement this Master Agreement and Participating Addendum, as well as confirmation that the Contractor's website has been updated to properly reflect the contract offer as available in the Participating State. 3.5.3. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the Participating Addendum. Contractor shall ensure that their sales force is aware of this contracting option. 3.5.4. Contractor agrees to fairly, actively, and equally promote and advertise their NASPO ValuePoint Master Agreement at all trade shows and Dealer meetings whereby Contractor displays or makes reference to their government contract award offerings. 3.5.5. Contractor agrees, within 30 days of this Master Agreement effective date, to notify the Lead State and NASPO ValuePoint of any contractual most -favored customer provisions in third -party contracts or agreements that may affect the promotion of this Master Agreement, or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions. 3.5.6. Contractor agrees to participate in person at an annual performance review, which may include a discussion of marketing action plans, target strategies, marketing materials, reporting, and timeliness of administration fee payments. The location of the performance review shall be determined by the Lead State and NASPO ValuePoint. 3.5.7. Contractor agrees that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing materials until a logo -use agreement is executed with NASPO ValuePoint. 3.5.8. The Lead State shall evaluate the utilization of this Master Agreement at the annual performance review. The Lead State may, in its discretion, cancel this Master Agreement pursuant to §1.4, or not exercise an option to renew, when Contractor utilization does not warrant further administration of this Master Agreement. The Lead State may exercise its right to not renew this Master Agreement if Contractor fails to record or report revenue for three consecutive quarters, upon a 60-calendar day written notice to the Contractor. Cancellation based on nonuse or under - utilization will not occur sooner than two (2) years after execution of this Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel this Master Agreement pursuant to §1.4.4 or to terminate for default pursuant to §6.10. Page 15 Copiers and Managed Print Semlces - RFP-NP-18-001. NASPSYeWe I Mpster Agreement Tetms and COM dons, CMS p 140603 3.6. NASPO ValuePoint eMarket Center 3.6.1. In July 2011, NASPO ValuePoint entered into a multi -year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint customers to access a central online website to view and/or shop the Products and Services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. 3.6.2. The Contractor shall have visibility in the eMarket Center through one of the following no -cost options: a) Ordering Instructions i. The Contractor shall provide a link to their website, their Price list, their Dealer list, and any additional information they would like the customer to have in regards to placing Orders. ii. Upon receipt of written request from the eMarket Center Site Administrator, the Contractor shall have thirty (30) days to provide NASPO ValuePoint with the Ordering Instructions. b) Hosted Catalog I. The Contractor shall provide a list of its awarded Products and Services pricing via an electronic data file, in a format acceptable to JAGGAER. ii. In order to maintain the most up-to-date version of its Product offerings, the Contractor must submit electronic data to the eMarket Center no more than four (4) times per calendar year. iii. Upon receipt of written request from the eMarket Center Site Administrator, the Contractor shall have fifteen (15) days to set up an enablement schedule with NASPO ValuePoint and JAGGAER. The schedule shall include future calls and milestone timeframes related to testing and go -live dates. iv. The Contractor shall have ninety (90) days from the receipt of written request, to provide the Hosted Catalog to NASPO ValuePoint. v. The Hosted Catalog must be strictly limited to the awarded Products and Services, and must contain the most current approved pricing, including applicable quantity discounts. vi. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. vii. The catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although Suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple catalogs applicable to different NASPO ValuePoint Participating State or Entities if for example, the Participating State or Entity has incorporated an Administrative Fee into the Contract pricing, or a Participating State or Entity has determined that they will not allow all awarded Products and Services under their Participating Addendum. SciQuest will deliver the appropriate contract files to the user viewing the catalog. c) Punch -Out Catalog i. The Contractor shall provide its own online catalog, which must be capable of being integrated with the eMarket Center via Commerce eXtensible Markup Language (cXML). Page 16 Coplers and Managed Print services - RFP-NP-1"01, NIE yetuePplptmastar Agreement Tems and Conditions, CMS # 140603 ii. The Contractor shall validate that its online catalog is current by providing a written update to the Lead State every four (4) months, verifying that they have audited the offered Products and Services pricing. iu. The Contractor shall have ninety (90) days from the receipt of the written request, to deliver the Punch -Out Catalog to NASPO ValuePoint. iv. The Punch -Out Catalog must be strictly limited to the awarded Products and Services, and must contain the most current approved pricing, including applicable quantity discounts. v. The catalog must include a Lead State Contract identification number and detailed Product line item descriptions. vi. The site must also return detailed UNSPSC codes for each line item. vii. Contractor shall provide a -Quote functionality to facilitate volume discounts. viiI.The catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. It is possible to have multiple catalogs applicable to different NASPO ValuePoint Participating State or Entities if for example, the Participating State or Entity has incorporated an Administrative Fee into the Contract pricing, or a Participating State or Entity has determined that they will not allow all awarded Products and Services under their Participating Addendum. JAGGAER will deliver the appropriate contract files to the user viewing the catalog. 3.6.3. Revising Pricing and Products a) Any revisions to Product offerings (new Products, altered SKU's, etc.) must be pre -approved by the Lead State, and will be allowed once per month. b) Updated Product files are required by the I` of the month and shall go into effect upon approval by the Lead State. I. Files received after the 1st of the month may not be approved for up to thirty (30) days following submission. ii. Errors in the Contractor's submitted files may delay the approval process. 3.6.4. Supplier Network Requirements for Hosted and Punch -Out Catalogs a) Contractor shall join the JAGGAER Supplier Network (SQSN) and shall use the JAGGAER's Supplier Portal to import the Contractor's catalog and pricing files into the JAGGAER system. b) Contractor can receive Orders through electronic delivery (cXML) or through low -tech options such as fax. c) More information about the SQSN can be found at www.sciguest.com, or by contacting the JAGGAER Supplier Network Services team at 800-233-1121. 3.6.5. Order Acceptance Requirements for Hosted and Punch -Out Catalogs a) Contractor must be able to accept Orders via fax or cXML. b) The Contractor shall provide confirmation via phone or email within 24 hours of Order receipt. c) If the Order is received after 3pm (EST) on the day prior to a weekend or holiday, the Contractor must provide confirmation via phone or email on the next business day. Page 17 Coplers and Managed Pdnt Sewlces - RFP-NP-18-001. NAS&§ePyOt&star Agreement Tens and Conditions, CMS # 140603 3.6.6. UNSPSC Requirements a) Contractor shall support use of the United National Standard Product and Services Code (UNSPSC). UNSPSC versions that Contractors must adhere to are provided by JAGGAER and upgraded each year. b) NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC, and Contractor shall be required to support the migration effort. c) All line items for Products and Services provided under this Master Agreement must be associated to a UNSPSC code. d) All line items must be identified at the most detailed UNSPSC level, indicated by segment, family, class, and commodity. 3.6.7. Applicability. Contractor agrees that NASPO ValuePoint controls which contracts appear in the eMarket Center, and that NASPO ValuePoint may elect at any time to remove any Contractor offerings from the eMarket Center. 3.6.8. Several NASPO ValuePoint Participating States and Entities currently maintain separate JAGGAER eMarket Place accounts. In the event that one of these Participating States or Entities elects to use this NASPO ValuePoint Master Agreement (available through the eMarket Center), but publish the information to their own eMarket Place, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint, and agrees to take commercially reasonable efforts to implement such separate JAGGAER catalogs. 3.7. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State, prior approval for the release of any information, including any written correspondence, which pertains to the potential work or activities covered by this Master Agreement. The Contractor shall not make any representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the Products and Services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of this Master Agreement for cause. 3.8. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of this Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in this Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in this Master Agreement and applicable Participating Addendum. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. 4. STATEMENT OF WORK 4.1. Overview 4.1.1. Contractor guarantees a continuing supply and consistent quality of Equipment, Accessories, software, Supplies, and Services offered. 4.1.2. Contractor may not provide Products that have not been approved by the Lead State, with the exception of NSP items, as referenced in §4.3.9. Page 18 Coplels and Managed Pdnl Services - RFP-NP-1M01, N tJjePgLnt Master Agreement Tens and CondiOons, CMS p 140603 4.1.3. Contractor shall maintain compliance with all requirements of this Master Agreement throughout the duration of the Contract. 4.1.4. A Purchasing Entity that purchases, leases or rents Equipment may issue an Order, pursuant to the terms and conditions that are incorporated into this Master Agreement, and according to the requirements listed in their states' Participating Addendum, including, but not limited to, the issuance of Contractor's Supplemental Documents, which are attached as Attachment A through Attachment D. Each Participating State or Entity shall be responsible for negotiating the terns and conditions of each of the aforementioned Attachments. 4.1.5. Per Section 508 of the United States Workforce Rehabilitation Act of 1973, Contractor shall provide Devices under Groups A, B, C, D and F, which are accessible to people with disabilities. 4.1.6. MPS: a) Contractor may provide MPS on Group A, Group B, Group C, Group D, and Group F. In addition, Contractor may provide MPS on Group E, as long as the Purchasing Entity owns the Equipment. b) Contractor may not provide MPS maintenance or repair Services on any Devices that are being leased or rented to a Purchasing Entity by another Manufacturer, unless they have a written agreement with the Manufacturer to do so. 4.1.7. Survivability: a) Any Order placed under this Master Agreement shall survive the expiration of this Master Agreement unless otherwise specified in a Participating Addendum. b) Contractor is not permitted to increase pricing on any Order that was placed prior to the expiration of this Master Agreement. 4.1.8. Contractor shall notify the Lead State, Participating States, Participating Entities and all Purchasing Entities of any recall notices, warranty replacements, safety notices, or any applicable notice regarding the Products being sold. This notice must be received in writing (via postal mail or email) within thirty (30) calendar days of Contractor learning of such issues. 4.2. Authorized Dealers 4.2.1. Contractor may engage Authorized Dealers, who shall be Contractor's agent and Subcontractor for providing sales and support for the Products and/or Services purchased by the Purchasing Entity under this Master Agreement. 4.2.2. In the event Contractor elects to use Authorized Dealers in the performance of the specifications, Contractor shall serve as the primary Contractor, and shall be fully accountable to the Lead State for assuring that the Authorized Dealers comply with the terns and conditions of this Master Agreement, and shall be liable in the event that Authorized Dealers fail to comply with such terms and conditions. 4.2.3. Authorized Dealers shall be expected to stay current with Contractor's Products, pricing, Master Agreement, and Participating Addendum requirements. 4.2.4. Authorized Dealers shall have the ability to accept Orders from a Purchasing Entity and invoice them directly. 4.2.5. Contractor must disclose to the Lead State, a list of all Authorized Dealers that provide Products and/or Services, utilizing Exhibit C (Authorized Dealers by State). Page 19 Coplers and Managed Print Services - RFP-NP-16.001, NP 8yaLpe=oIUt Qtastar Agreement Terms and Cond-lions, CMS k 140603 4.2.6. Contractor shall send notice to the Lead State, utilizing Exhibit D (Authorized Dealer Form) and the Authorized Dealers by State, within three (3) calendar days of engaging or removing a Dealer. 4.2.7. The Lead State reserves the right to deny the addition of any Authorized Dealer and will provide notification to the Contractor with justification as to why the decision was reached. In addition, it will be at the discretion of each Participating State or Entity as to whether they will utilize the Authorized Dealers as approved by the Lead State. 4.2.8. If an Authorized Dealer is performing unsatisfactorily, or is not in compliance with this Master Agreement, then it shall be at the discretion of the Lead State, upon recommendation from the Participating State, to either remove the Dealer from the Contract, or in the case of multiple branch locations in one state, or multiple states, remove them as a Dealer from the location in which they are not in compliance. Alternatively, the Contractor may investigate and consult with the Participating State and/or the Purchasing Entity as appropriate, and use commercially reasonable efforts to resolve the dispute. 43. Product Offerings 4.3.1. Group Segments. Contractor shall offer Products under the following Groups: Group A— MFD, A3 B&W only; Color and B&W Segment PPM 2 20 — 30 3 31 — 40 4 41 — 50 5 51 — 60 6 61 — 70 7 71 — 90 Group B — MFD, A4 B&W only; Color and B&W Segment PPM 1 Up to 20 2 21 — 30 3 31 — 40 4 41 — 50 5 51 — 60 6 61+ Group C — Production Equipment B&W only; Color and B&W Segment PPM 1 65 — 79 2 80 — 89 3 90 —110 4 111 —130 5 131+ Page 20 copiers and Managed Print Services - RFP.NP-18-001, N95tWtnt Master Agreement Tens and CondlOons, CMS # 140603 Group D — Single -function Printers B&W only; Color and B&W Segment PPM 1 Up to 20 2 21 — 40 3 41 — 60 4 61+ Group F - Scanners Segment PPM 1 10-29 2 30 — 49 3 50 — 69 4 70-89 5 90 —110 6 111 —130 7 131+ 4.3.2. Device Configurations. Contractor's Devices shall be equipped, at a minimum, with the following Accessories/capabilities: a) Group A — MFD, A3 i) New Power Filter, ii) Duplex for Segment 3 and above; iii) Standard paper drawer(s) equal to or greater than: 1) One (1) paper supply for Segment 2; 2) Two (2) paper drawers for Segments 3 and 4; and/or 3) 2,000 sheet paper capacity for Segments 5 and above. iv) Paper size capacity up to 11" x 17'; and v) Bypass paper supply, if applicable for Segment. b) Group B — MFD, A4 i) New Power Filter, ii) Bypass paper supply; iii) Standard paper drawer(s) equal to or greater than: 1) One (1) paper supply for Segments 1 and 2; 2) Two (2) paper drawers for Segments 3 and 4; and/or 3) 2,000 sheet paper capacity for Segments 5 and above. iv) Paper size capacityup to 8 Y:" x 14"; and v) Envelope adjustment capability. c) Group C — Production Equipment Page 21 Copier and Managed Pdnt Services . RFP.NP48-001, N/ySP9_VgWe=olOt AEastar Agreement Teems and CondiOons, CMS # 140603 i) New Power Filter; ii) Bypass paper supply; III) Standard paper drawer(s) equal to or greater than: 1) One (1) paper supply for Segments 1 and 2; 2) Two (2) paper drawers for Segments 3 and 4; and/or 3) 2,000 sheet paper capacity for Segments 5 and above. iv) Paper size capacity up to 8'h" x 14'; and v) Envelope adjustment capability. d) Group D — Single -function Printers i) Must include an inkjet, light emitting diode (LED), or laser print engine; ii) Standard paper drawer(s); III) Standard paper capacity; and iv) Network connectivity. e) Group F — Scanners i) Charge -Coupled Device (CCD) or Contact Image Sensor (CIS); ii) Automatic Document Feeder (ADF); III) Letter or legal paper size capacity; iv) Color depth of at least 24 bytes; and v) Single pass duplex scan. 4.3.3. Device Standards. Devices shall meet the following requirements: a) Group A and Group B Base Units are OEM only; b) Group A and Group B must be EPEAT registered to a minimum of Bronze Standard within one (1) year of being added to the Master Agreement Price List; c) Group D must be Energy Star compliant or EPEAT registered to a minimum of Bronze Standard within one (1) year of being added to the Master Agreement Price List; d) If Contractor's Devices fail to meet the EPEAT Bronze Standard, or be Energy Star compliant (applicable to Group D Devices only) within one (1) year, then they will be removed from the Price List; e) Must be Newly Manufactured, current, Remanufactured, or Refurbished, except as specified in a Participating Addendum; f) Devices, when installed, and if available, must be set-up to receive automatic software updates and patches. For new software versions or upgrades that carry an additional cost, updates will not be done automatically; rather, Contractor or their Authorized Dealer will inform the Purchasing Entity of the new version and assist them in their decision to upgrade based on needed functionality and compatibility with their existing Equipment. g) Specifications must be published on Contractor's website; Page 22 Copiers and Managed Print services - W.NP-16-001, NASPO Vape=pint Nester Agreement Tema and Conditns CMS # 140603 h) MSRP must not exceed what is listed with Buyers Laboratory Inc., or List Price must not exceed what is published on the Manufacturer's website; f) Must maintain a PPM speed, according to Segment classification; and j) Must be compatible with using recycled paper, up to and including, 100% Post -Consumer Waste (PCW) paper. Contractor may not fault the use of recycled paper for Device failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi -purpose, copy, or laser paper). 4.3.4. Device Exceptions a) Croup C, Group D, and Group F will not be restricted to OEM, and do not have to be Private Labeled; b) Group C, and Group Fare not required to be EPEAT registered or Energy Star compliant; c) 3D Printers may be offered by Contractor, and shall be priced based on a minimum discount of 10%; d) Digital Duplicators may be offered by Contractor, and shall be priced based on a minimum discount of 69%; e) Inkjet and Digital Presses may be offered by Contractor, and shall be priced based on a minimum discount of 67%. 4.3.5. Accessories a) Contractor shall provide OEM and/or Third Party compatible Accessories that compliment or enhance the features of the Device. b) Purchasing Entities may add Accessories to Devices that have been purchased, leased or rented under prior NASPO ValuePoint and/or WSCA Master Agreements, as well as via any other means. 43.6. Software a) Contractor shall provide software to enhance the capabilities of the Devices, or software may be provided as a standalone option on any pre -owned, purchased, leased or rented Device. b) Contractor shall provide OEM and/or Third Party Software. c) All software drivers shall be, at a minimum, Windows 7 compliant, and all Devices must have universal software drivers. d) Purchasing Entities that acquire software shall be subject to the software license agreement ("EULA") distributed with such software, as referenced in Attachment D, and as additionally provided by Contractor upon Order placement. However, the Master Agreement will supersede and control if there is conflicting language between it, and any software license agreement. 43.7. Consumable Supplies a) Contractor shall offer OEM or compatible consumable for Supplies for Groups A, B, C, D, and F. These Supplies may be purchased as standalone items or included as part of a Maintenance Agreement. Under no circumstances may the Supplies, regardless of quantity, be financed, unless they are start-up Supplies. The Supplies that may be offered include, but are not limited to the following: Page 23 copiers and Managed PrintServices - RFP-NP-16-001, NJA PO VeI Point4ster Agreement Terms and conditions, CMS # 140603 i) Toner, ii) Staples; iii) Print Cartridges; iv) Imaging Drums; v) Transfer Kits; vi) Waste Toner Bottles; vii) Fuser Oil; viii) Ozone Filters; ix) Developer; x) Rollers and Pads; and xi) Maintenance Kits. b) Toner must be free of carcinogenic, mutagenic, or teratogenic substances. c) Contractor shall provide the Purchasing Entity with a method to return the empty toner cartridges at no additional charge. 4.3.8. Remanufactured/Refurbished Equipment a) Contractor may offer Remanufactured and/or Refurbished Equipment under Group A, B, C, D, and F. b) Remanufactured and Refurbished Equipment is not required to be EPEAT registered or Energy Star compliant. e) Equipment may be acquired via a purchase, lease or rental agreement. d) Contractor must notify the Purchasing Entity in writing, when Remanufactured or Refurbished Equipment is being offered. e) All Remanufactured or Refurbished Equipment must be clearly labeled as such, and must be certified by the Manufacturer. f) Remanufactured Equipment must be priced according to the minimum discount offered for similar Equipment in Groups A, B, C, D, and F. g) Refurbished Equipment shall be offered at a minimum discount of 10% less than the lowest priced Device of the Group and Segment to which the Refurbished Equipment belongs. h) Service and Supplies for Remanufactured and Refurbished Equipment will receive the same pricing as the published price for the Group and Segment to which it belongs. 4.3.9. Open Market Items a) Contractor may offer Not Specifically Priced (NSP) items that compliment or enhance the Products and/or Services. NSP items will not include: i) Interactive White boards; ii) Computers, monitors, or other related items; III) Fax machines; Page 24 Coplers and Managed Pdnt Services - RFP-NP-18-001, NASPO VelwPoint Master Agreement Teems and Conditions, CMS # 140603 25B-45 iv) Overhead Projectors; and v) Cameras. b) NSP items may only be acquired through the Contractor or their Authorized Dealers and must be reported quarterly with all other sales. c) NSP items must be priced at a minimum discount of 151 a from MSRP or List Price. d) NSP items shall not be offered to a Purchasing Entity as a stand-alone option, and the maximum allowable amount of all NSP items in a single Order shall be determined by the Participating State or Entity. e) It shall be at the discretion of the Participating State or Entity to allow Open Market Items in their Participating Addendum. 4.3.10. Emerging Technologies a) Upon approval from the Lead State, Contractor may add new, related technology. b) Technology does not have to be restricted to OEM, nor does it have to be Private Labeled. c) Any new technology that a Contractor requests to add to their Price List must contain a full description of the Product, along with MSRP and pricing information, as well as an explanation/justification as to how the Product conforms to the requirements of this Master Agreement. d) Any new technology must be priced at a minimum discount of 10%. 4.4. Service Offerings 4.4.1. Managed Print Services a) Contractor shall provide the following: i) Free Initial Assessment - which shall include the following: 1) Document workflow 2) Identification of Service, Supplies, and parts 3) Current output 4) Total Cost of Ownership (TCO) 5) Employee to Device ratio 6) Preliminary estimated cost savings ii) Implementation which shall consist of the following: 1) Plan Development 2) Hardware and Software Installation and Set-up. III) Remote Device Monitoring which shall include the following: 1) Job Accounting 2) Automated Meter Reads 3) Automated Toner Replenishment iv) End -user Support which shall include the following: Page 25 Copiers and Managed Print Servkes - RFP-NP-1"01, Na$Paukie=oigt y@ster Agreement Terms and Condgbns, CARS # 140603 1) Training 2) Help Desk Services v) Account Management which shall include the following: 1) Reporting 2) Invoicing 3) Customer Business Reviews b) Contractor may also provide the following: i) Maintenance 1) Preventative Maintenance 2) Service and Repair 3) On -site break/fix 4) Parts Management 5) Warranty Management ii) Ongoing Fleet Management and Optimization 1) Consumable Spend 2) Continual Assessments 3) Green Initiatives 4) Add/Move/Change Services 5) Disaster Recovery III) Cost Based Assessment 1) Asset Mapping 2) End -user Survey 3) Detailed Recommendation 4) Analysis and Plan Design iv) Change Management v) Professional Services 1) Consulting 2) Project Management 3) Records Management 4) Network and Data Security 5) Document Workflow Consulting 6) Document Scanning 7) Back -file Conversion 8) Mail -Room Services c) All MPS engagements shall require the Contractor and Purchasing Entity to complete a detailed statement of work, as referenced in Attachment C (Sharp Sample MPS Statement Page 26 Coplers and Managed Pdnt Services - RFP-NP-16-001, N2P§fief I Ister Agreement Teems and Condl0ans, CMS # 140603 of Work Template), and it must be approved by both parties prior to the initiation of any engagement. d) The free initial assessment shall not constitute a commitment on behalf of the Purchasing Entity. Upon request from a Purchasing Entity, Contractor must provide the assessment with the understanding that the Purchasing Entity is under no obligation to enter into an MPS engagement. e) MPS pricing and billing options shall be flexible, as long as pricing doesn't exceed Master Agreement pricing, and the Purchasing Entity will drive the complexity of the solution required with a staged approach to implementation. 4.4.2. Maintenance Agreements a) Pricing i) Pricing shall include a zero base, cost per click rate for b&w and/or color for Groups A, B, C and D. ii) Pricing for a monthly base charge, a set copy allowance and an overage rate for b&w and/or color shall also be provided. III) Pricing must be provided that includes all parts, labor, Preventative Maintenance, Service Calls, and Supplies for Groups A, B, C and D. iv) A pricing option for ALL Groups shall include parts, labor, Preventative Maintenance (if applicable), and Service Calls, but excludes Supplies. v) Contractor may increase their Service and Supply pricing to include staples (if applicable to the Device). vi) Contractor may charge flat rate fees for Services performed on any Accessories. vii) Service Calls due to misuse, neglect or abuse shall not be covered by the Maintenance Agreement, and Contractor and Authorized Dealers may bill the Purchasing Entity at an hourly rate for Services rendered. viii) 11"x17" impressions: 1) Shall be counted as two (2) clicks on Group A Devices; and 2) May be counted as two (2) clicks on Group C Devices. ix) A two-sided document shall be counted as two (2) clicks. x) Contractor must not charge for scans on any MFD. xi) Initial Term: 1) Pricing shall remain firm for the initial term of the Maintenance Agreement. 2) For lease and rental Equipment, the Maintenance Agreement term is equal to the term of the lease or rental (12, 18, 24, 36, 48, 60 months etc.). 3) For purchased Equipment, the initial term is whatever period of time the Purchasing Entity elects, as long as it does not exceed 60 months on Group A, Group B, Group D, and Group F Devices and 84 months on Group C Devices. xii) Renewal Term: 1) If a Purchasing Entity wishes to renew a Maintenance Agreement for Equipment that was acquired under this Master Agreement, then the Contractor may negotiate new pricing. This pricing shall not exceed this Master Agreement pricing. 2) If a Purchasing Entity wishes to renew a Maintenance Agreement for Equipment that was acquired under Master Agreement (3091), then §4.4.2(Q shall apply. Page 27 Coplers and Managed Print Services - RFP-NP-1a-001, N2P61(aV_ieP4 Master Agreement Teems and Conditlons, CMS k 140603 b) Blended Rates i) Contractor shall have the ability to blend the Service and Supply costs over a large Equipment fleet, and the Blended Rate must cover all units in the fleet. ii) The Blended Rate must be divided between b&w and color. III) Contractor shall provide the Purchasing Entity with the Blended Rate calculation prior to Order placement. iv) Utilizing a Blended Rate shall be at the discretion of the Participating State or Entity. c) Manual Meter Reads i) Contractor may collect meter reads from a Purchasing Entity via electronic means. ii) Meter reads may be submitted via the Contractor's online portal, or through e-mail, or facsimile. iii) A Participating State or Entity may also elect, at their discretion, to submit meter reads through the Device. d) Customer Owned Equipment i) Purchasing Entity's may elect to enter into a Maintenance Agreement for Equipment they already own, or Equipment they acquire through an up -front purchase. ii) The Maintenance Agreement may be priced on a flat rate fee, which shall include parts, labor, Preventative Maintenance (if applicable) and Service calls. Supplies may or may not be included. iii) The Maintenance Agreement shall not be subject to automatic renewals. e) Lease or Rental Equipment i) Contractor shall be required to provide a Maintenance Agreement on all Equipment that is leased or rented by a Purchasing Entity. ii) The Maintenance Agreement shall be priced based on a cost per click rate, or a monthly base charge. t) Legacy Equipment i) Upon request from the Purchasing Entity, Contractor may provide Maintenance Agreements on any Equipment that is owned or was leased or rented through Master Agreement (3091), or via any other means, providing the following conditions are met: 1) The Device has not reached the end of its Useful Life; 2) The maximum tens of the Maintenance Agreement does not exceed the Useful Life of the Device, unless otherwise specified in a Participating Addendum; and 3) The Maintenance Agreement adheres to the same requirements as outlined in §4.4.2(d) and §4.4.2(e). ii) Devices that were previously serviced by another Dealer or Manufacturer must be inspected and repaired, if necessary. Upon mutual agreement, Contractor may charge Purchasing Entity for any parts and/or labor required to bring the Device up to acceptable maintenance levels. III) If the Device has been at the Purchasing Entity's location for less than five (5) years, then Maintenance Agreement pricing shall not exceed this Master Agreement pricing, until the Purchasing Entity reaches the five (5) year mark. Refer to §4.4.2(f)(iv) below for additional information. Page 28 Coplers and Managed Pdnl services . RFP.NP•16-001, IP6Y,alpe—PUstar Agreement Teems and Condi0ons, CMS k 140603 iv) If the Device has been at the Purchasing Entity's location for more than five (5) years, then Maintenance Agreement pricing shall not exceed 107% of the Service and Supply pricing in this Master Agreement for years 5 through 7, and 110% for years 8 and beyond. The Service and Supply pricing that will be used for this calculation will be based on the following: 1) The Group and Segment to which the Device is categorized; and 2) The Service and Supply pricing for that Group and Segment, as listed under Newly Manufactured Equipment in this Master Agreement. 4.4.3. Service Requirements a) Technicians. All technicians shall be factory trained by the OEM and certified to Service the Devices. b) Standard Service Levels. Participating States and/or Entities may negotiate their own Service Level Agreement (SLA) with the Contractor. The SLA, must, at a minimum, adhere to the following requirements: f) End -User Training 1) An initial, no charge, on -site, one -hour training session for each Device, must be offered by Contractor for all non -desktop Products placed at each Purchasing Entity's location. For drop -shipped or desktop Products, Contractor shall offer an initial, one - hour, no charge, web -based, or on-line training session. 2) Technical support training shall also be included in the initial, no charge training, and will include network connectivity and print driver installation. This training will be in addition to the one -hour of free training for Device operation. 3) If Purchasing Entity elects to exercise the training option, then Contractor shall provide the training within ten (10) Business Days of Purchasing Entity's request. 4) Contractor shall offer additional on -site, one -hour training sessions for a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity prior to Order placement. 5) Contractor must provide on -site or off -site operational training to designated Purchasing Entity personnel, until the personnel are able to operate the Equipment independently. Pricing for operational training shall be based on a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity prior to Order placement. 6) Contractor shall provide Product literature, user -manuals, and access to on-line resources, if available, at no charge to the Purchasing Entity. 7) Contractor shall provide a toll -free end -user technical support number that Purchasing Entities can utilize for everyday minor troubleshooting. A Purchasing Entity must be able to obtain assistance during Normal Business Hours. 8) Contractor shall provide phone/technical support within two (2) hours of Purchasing Entity's request for assistance. ii) Preventative Maintenance. Contractor shall perform all Preventative Maintenance Services at the Manufacturer's suggested intervals, or as specified in an Order. Preventative Maintenance shall not be a requirement on desktop Devices. ili) Equipment Performance Page 29 Copiem and Managed Print Sewlces - RFP-NP-18-001, N9SPAYAWe=ol0t 4p@star Agreement Terms and Condiflm, CMS # 140603 1) Equipment Downtime shall be calculated from the time a service call is placed with Contractor or with Dealer's dispatch department until the time the technician completes the repair. 2) Equipment Downtime due to lack of consumable Supplies is not acceptable. 3) Contractor shall guarantee that the fleet of Devices for each Purchasing Entity will be operational at least 96% of the time, during Normal Business Hours for Groups A, B, D, and F. 4) If any fleet of Devices fails to perform at the operation level specified in §4.4.3(b)(iii)(3) then §4.11.12 shall apply. 5) Contractor must provide daily communication to the Purchasing Entity regarding inoperable Equipment, including updates regarding resolution timeframe, and any parts, Accessories, or Devices on back -order. iv) Loaner Equipment. If any Device is inoperable for two (2) Business Days, due to Equipment malfunction, as reasonably determined by Contractor, then Contractor shall provide the Purchasing Entity with: 1) A loaner Device of similar speed and capabilities until such time as the inoperable Device(s) are now operable; or 2) Provide the Purchasing Entity with off -site manned production capabilities to accomplish the work of the unit that is inoperable at the sole expense of the Contractor. Such costs shall be limited to the cost of production (Service and Supplies), Equipment, labor, and transportation to and from the off -site production facility and the Purchasing Entity location. v) Repair Parts 1) Contractor shall guarantee the availability of repair parts for a minimum of five (5) years after the Purchasing Entity's Acceptance of any Device. 2) All Device components, spare parts, application software, and ancillary Equipment that is supplied under this Master Agreement, must conform to Manufacturer specifications. 3) Contractor shall be responsible for ensuring that any repair parts are operable and installed in accordance with Manufacturer specifications. 4) Repair parts may be new, reconditioned, reprocessed or recovered. vi) Replacement Equipment 1) If Purchasing Entity is not satisfied with any Device, Contractor will, at Purchasing Entity's written request, replace it without charge with an equivalent unit or, upon mutual agreement with the Purchasing Entity, with a Device of comparable features and capabilities. 2) Prior to installing a substitute Device, Contractor will be allowed thirty (30) days to remedy any quality or reliability issues. vii) Service Zones 1) Unless otherwise specified in a Participating Addendum, Contractor shall adhere to the following Service Call Response Times based on the distance that their Service Base Location is from the Purchasing Entity: Service Zone Derrnition Response Time Urban Within 60 miles 4 - 6 Hours Page 30 Copiers and Managed Pdnt Services - RFP-NP-18-001, N2PnT,qW Wster Agreement Terms and Condilons, CMS # 140503 Rural 60 120 miles 1 - 2 Business Days 120+ miles, or only Remote accessible by plane 4 - 5 Business Days or by boat 2) Repair or replacement of parts and/or Devices shall occur within four (4) Business Days of Contractor arriving at Purchasing Entity's location, with the following exception: a If Contractor is drop -shipping a new Device to replace a defective Device, then Purchasing Entity must receive the new Device within three (3) Business Days. 3) Contractor may charge different rates according to each Service zone. viii) Service Logs 1) Contractors shall maintain a Service log which describes the maintenance and repair Services provided for each Device. 2) A no -cost copy of Service logs/reports must be provided to the Purchasing Entity or Participating State or Entity, within five (5) Business Days of the request. ix) Equipment Relocation 1) Equipment relocation Services include dismantling, packing, transporting, and re- installing Equipment. 2) Contractor may charge for this Service based on the following table: Service Distance from original placement Charge Zone of Device 1 Within the same building No Charge Allowed* 2 Up to 50 miles from building in Flat Rate Fee, plus Per Mile Hourly which Device was originally placed Fee 3 More than 50 miles from building in Flat Rate Fee, plus Per Mile or Hourly which Device was originally placed Fee 'Contractor may charge Purchasing Entities a mutually agreed upon price for special rigging in the event a Purchasing Entity's demographics require such rigging for Zone 1 relocation's. The price shall be agreed upon in writing by Contractor and Purchasing Entity prior to any Equipment relocation in Zone 1. 3) Contractor shall not charge for any fees incurred due to fuel or tolls. 4) Moves must be performed within thirty (30) calendar days of the Purchasing Entity request. Request may be verbal or written, but Contractor must confirm the request in writing and provide a date that the move will occur. Written confirmation must be sent to the Purchasing Entity within three (3) Business Days of request. In the event that there will be a delay in these Services, Contractor shall communicate with Purchasing Entity and agree on a mutually beneficial time -frame. c) Meter Read Invoicing i) In order for Contractor to generate accurate invoices, Purchasing Entities shall provide meter reads within the Contractor's requested time -frame. Page 31 Coplers and Managed Pdnl Services - RFP-NP-1"01, NaSP6VaIO -P9 AEastar Agreement Tems and CondlOons, CMS # 140603 ii) Invoices that are generated without receiving the proper meter read information from the Purchasing Entity will not be considered inaccurate. iii) The Purchasing Entity shall provide written notice of any such alleged invoicing issue and the Contractor will be allowed a thirty (30) day cure period to address any such issue. During the thirty (30) day cure period, the Purchasing Entity will not be assessed any late fees for failure to submit payment by the invoice due date. iv) Failure on the Contractor's part to maintain accurate invoicing shall result in a $25.00 per instance credit on the following month's invoice. d) Service Level Calculations i) At the discretion of the Participating State or Entity, Contractor shall produce reports that can be measured against the required SLA components. Refer to §4.4.3(e) for reporting requirements. ii) The Participating State or Entity shall determine how the reports will be utilized and whether liquidated damages will be assessed for failure to meet the SLA requirements. Any liquidated damages or penalty structure shall be defined in the Participating State or Entity's Participating Addendum. e) Reporting. Contractor shall provide periodic reporting to all Purchasing Entities upon request. The reports shall be provided on a quarterly basis, or at the discretion of the Participating State or Entity. i) The report shall include the following: 1) Up -time percentage (%) per fleet of Devices; 2) Number of Service Calls placed; 3) Response Time per Device; 4) Dates that Preventative Maintenance was performed, if applicable; 5) Hours of end -user training performed; and 6) Estimated end of Useful Life per Device, based on current usage. ii) The report may include, but not be limited to, the following: 1) Location of Devices; 2) Click usage per Device; and 3) EPEAT certification level of each Device. 4.4.4. Software Subscriptions a) Software pricing shall be inclusive of available software patches and any updates. b) Purchasing Entities shall have the option to finance software subscriptions according to the lease and rental rates listed in Groups A, B, C, D, and F of the Master Agreement. c) Any new releases of software versions (upgrades) shall be chargeable to the Purchasing Entity; however, Contractor may not charge for the installation of the software upgrade. d) License fees and support fees shall remain firm throughout the term of the agreement. e) Software subscriptions shall not be subject to automatic renewals. Should there be any conflicting language between the software EULA and the Master Agreement, the Master Agreement shall govern and control. Page 32 Coplers and Managed Print services - RPP-NP.1a-001, N 81§ep N ttaster Agreement Tertns and Contlitlons, CMS # 140603 f) Contractor shall be responsible for communicating all updates, patches, and new releases/versions to Purchasing Entities. g) Contractor shall provide a web -based or toll -free hotline during Normal Business Hours for Purchasing Entities to report software problems or answer software related questions. 4.5. Purchase, Lease, and Rental Programs 4.5.1. Contractor shall offer the following acquisition methods: Financial Vehicle Standard Terms Offered Purchase N.!A Fair Market Value Lease 12 18 24, 36,48 and 60 months $1 Buyout Lease Straight Lease Cancellable Rental Short -Term Lease 12 months 4.5.2. All Products on Contractor's Price List may be purchased, leased or rented, either as a packaged - deal, or stand-alone item. 4.5.3. Contractor shall also offer 72 and 84-month lease and rental rates for Group C Devices only. 4.5.4. Equipment Trade -In a) A Purchasing Entity shall have the option, at the Contractors sole discretion, and based upon Participating State or Entity regulations and laws, and Purchasing Entity policies, to do an Equipment Trade -In, when placing a purchase, lease or rental Order. b) The value for the Equipment Trade -In shall be negotiated by the Purchasing Entity and the Contractor, and shall not include any disposal or shipping fees. 4.5.5. Lease and Rental Rates a) The rate for any lease or rental shall remain fixed throughout the Initial Lease or Rental Term. b) Equipment Payments for Renewal Terms shall never exceed Master Agreement pricing. c) If a Purchasing Entity enters into a Renewal Term, then the Equipment Payment will be subject to the lease and rental rates listed in the most recent Price List(s) posted on the NASPO ValuePoint website. d) Contractor may update lease and rental rates on a quarterly basis to allow for changes in the financial market. The rates must be indexed against the US Daily Treasury Yield Curve Rates, or something similar, and must be the rate in effect at the end of each calendar quarter. Refer to httos:r'/www. treasury.: govi resource-center/data hart-center.'interest- ratesiPages/TextView.asox?data=yield for additional information. e) Contractor shall offer Coterminous lease and rental rates to any Purchasing Entity wishing to add Products to an existing lease or rental agreement. 4.5.6. Leasing and Rental Overview a) All lease and rental programs must remain with the Contractor or Authorized Dealers through an in-house leasing program, or through the financial branch or subsidiary of the Contractor. In addition, Contractor and their Authorized Dealers may use Third Party leasing companies, but Page 33 Copiers and Managed Print Services - RFP.NP-16-001, N2P gPW &jester Agreement Terms and Conditions, CMS R 140603 all billing must be invoiced in the name of the Contractor or their Authorized Dealer, and all contractual obligations shall remain with the Contractor. b) A Purchasing Entity may lease or rent Equipment pursuant to the terms and conditions identified herein. c) Lease and rental agreements shall not be subject to automatic renewals. d) In the event that the term of a lease or rental agreement extends beyond the tern of the Participating Addendum, the terms and conditions of this Master Agreement and Participating Addendum shall continue to apply. e) A lease or rental agreement issued prior to the termination of this Master Agreement and Participating Addendum, shall survive the termination of this Master Agreement and the Participating Addendum. f) With the exception of a $1 Buyout Lease arrangement, or unless exercising the purchase option on an FMV Lease, a Purchasing Entity shall return the Equipment at the end of the Initial Lease or Rental Term, or at the end of the Renewal Lease or Rental Term, or the Contractor may pick the Equipment up, without any further financial obligations to the Purchasing Entity. g) Equipment pickups must be performed within thirty (30) calendar days of the end of the Initial or Renewal Term. h) Equipment returns must be performed within thirty (30) calendar days after the Contractor or Authorized Dealer provides return shipping instructions to the Purchasing Entity. i) Contractor shall be responsible for all Product pickup and return costs. j) The maximum term on any Initial Lease Term shall be 60 months, with the exception of Group C Devices, which shall have a maximum term of 84 months, and with the exception of Short - Term Leases, which shall have a maximum term of 12 months. k) The length of a Renewal Term shall be at the discretion of the Participating State or Entity, but at no time shall the Renewal Term exceed the Useful Life of the Equipment. 1) All Renewal Terms shall be billed on a monthly basis. 4.5.7. Leasing and Rental Options a) FMV Lease i) A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48 or 60 months for Group A, Group B, Group C, Group D, and Group F, at the discretion of the Participating State or Entity. In addition, a Participating State or Entity may elect to enter into 72 and 84 month terms for Group C only. ii) Upon the expiration of the Initial Lease Tern, a Purchasing Entity may do one of the following: 1) Exercise their purchase option; 2) Renew the lease on a month to month basis, or a 12-month basis, at the discretion of the Participating State or Entity; or 3) Return the Equipment to the Contractor, or have the Contractor pick the Equipment up. Page 34 Copiers and Managed Pdnt services - RFP-NP-18-001, NASPn —Pyet ptastar Agreement Terms and Conditions, CMS R 140603 b) $1 Buyout Lease i) A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48 or 60 months for Group A, Group B, Group C, Group D, and Group F, at the discretion of the Participating State or Entity. In addition, a Participating State or Entity may elect to enter into 72 and 84 month terms for Group C only. ii) Upon the expiration of the Initial Lease Term, the Contractor shall provide title to the Equipment to the Purchasing Entity, or as otherwise determined in a Participating Addendum, and the Purchasing Entity shall not be subject to any additional expense in order to assume possession of the Equipment. c) Straight Lease i) A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48 or 60 months for Group A, Group B, Group C, Group D, and Group F, at the discretion of the Participating State or Entity. In addition, a Participating State or Entity may elect to enter into 72 and 84 month terms for Group C only. ii) Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following: 1) Renew the lease on a month to month basis, or a 12-month basis, at the discretion of the Participating State or Entity; or 2) Return the Equipment to the Contractor, or have the Contractor pick the Equipment up. d) Cancellable Rental i) A Purchasing Entity shall have the option to enter into an Initial Rental Term of 12, 18, 24, 36, 48, or 60 months, at the discretion of the Participating State or Entity. In addition, a Participating State or Entity may elect to enter into 72 and 84 month terms for Group C only. ii) A Purchasing Entity shall have the option to cancel the rental at any time throughout the tens of the agreement, by providing the Contractor with a thirty (30) day prior written notice. iii) Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following: 1) Renew the lease on a month to month basis, or a 12-month basis, at the discretion of the Participating State or Entity; or 2) Return the Equipment to the Contractor, or have the Contractor pick the Equipment up. e) Short -Term Lease i) A Purchasing Entity shall have the option to enter into a maximum lease term of 12 months. ii) Upon the expiration of the lease term, the Purchasing Entity shall return the Equipment to the Contractor, or have the Contractor pick the Equipment up. 4.5.8. Leasing and Rental Terms and Conditions a) Possession and Return of Lease and Rental Equipment i) Purchasing Entity is responsible for risk of loss to the Products while the Products are in Purchasing Entity's possession. Purchasing Entity shall be relieved of all risks of loss or damage to the Products during periods of transportation and de -installation. Page 35 Copiers and Managed Print Services - RFP-NP-18-001, N9SPQ\WWe=gi0t Master Agreement Terms and Condi ions, CMS k 140603 ii) Contractor or Authorized Dealer must notify a Purchasing Entity, in writing, of their End of Term (EOT) options at least sixty (60) to ninety (90) days prior to the end of any Initial Lease or Rental Term. Such notification may include, but not be limited to, the following: 1) Any acquisition or return options, based on the type of lease or rental agreement; 2) Any renewal options, if applicable; and/or 3) Hard drive removal and surrender cost, if applicable. iii) If a Purchasing Entity desires to exercise a purchase, renewal, or return of the Equipment, it shall give Contractor at least thirty (30) days written notice prior to the expiration of such lease or rental tens. Notwithstanding anything to the contrary, if Purchasing Entity fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, or return of the Equipment, the Initial Lease or Rental Term shall be terminated on the date as stated in the Order and removal of the Product will be mutually arranged, unless otherwise specified in a Participating State or Entity's Participating Addendum. iv) If Purchasing Entity does not exercise the purchase or renewal option, it will immediately make the Product available to Contractor in as good of condition as when Purchasing Entity received it, except for ordinary wear and tear. b) Payment. The first scheduled payment (as specified in the applicable Order), will be due following the Acceptance of the Products, or such later date as Contractor may designate. The remaining payments will be due on the same day of each subsequent month, unless otherwise specified in the applicable Order. c) Buyout to Keep Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Keep option on an FMV or $1 Buyout Lease. d) Buyout to Return Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Return option on an FMV, $1 Buyout or Straight Lease, and return the Equipment to the Contractor in good working condition (ordinary wear and tear excepted). e) Equipment Upgrade or Downgrade. A Purchasing Entity may do an Equipment Upgrade or Downgrade on a lease or rental at any time throughout the term of the lease or rental agreement. The Purchasing Entity and the Contractor shall negotiate the price of the Equipment Upgrade or Downgrade, but at no time shall the total cost of the Equipment Upgrade or Downgrade be less than the remaining stream of Equipment Payments. f) Non -appropriation of Funds. The continuation of any lease or rental agreement will be subject to, and contingent upon, sufficient funds being made available by the Participating State Legislature and/or federal sources. The Purchasing Entity may terminate any such lease or rental agreement, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Purchasing Entity's funding sources are not available. g) Assignment i) Purchasing Entity has no right to sell, transfer, encumber, sublet or assign the Product or any lease or rental agreement without Contractor's prior written consent (which consent shall not be unreasonably withheld). ii) Purchasing Entity agrees that Contractor may not sell or assign any portion of Contractor's interests in the Product and/or these Lease or Rental Terms or any Order for Page 36 Coplers and Managed Pdnt Services-RFP-NP•1e-001, Ng$PQy e=ol0)�lester Agreement Terris and Conditions,CMS #140603 leases or rentals, without notice to Purchasing Entity even if less than all the payments have been assigned. In that event, the assignee (the "Assignee") will have such rights as Contractor assigns to them, but none of Contractor's obligations (Contractor will keep those obligations) and the rights of the Assignee will not be subject to any claims, defenses or set offs that Purchasing Entity may have against Contractor. III) No assignment to an Assignee will release Contractor from any obligations Contractor may have to Purchasing Entity. h) Early Termination Charges i) Except in the case of Non -appropriation of funds, FMV, $1 Buyout, Straight and Short - Term Leases shall be subject to an early termination charge, and shall involve the return of the Equipment (in good working condition; ordinary wear and tear excepted) by the Purchasing Entity to the Contractor. With respect to the Equipment, the termination charge shall not exceed the balance of remaining Equipment Payments (including any current and past due amounts), and with respect to Service or maintenance obligations, the termination charge shall not exceed four (4) months of the Service and Supply base charge or twenty- five percent (25%) of the remaining Maintenance Agreement term, whichever is less. ii) Cancellable Rentals shall not exceed a termination charge of three (3) months of Total Monthly Payments, or as otherwise agreed to by the Participating State or Entity. i) Default. Each of the following is a "default" under these lease and rental terms: i) Purchasing Entity fails to pay any payment or any other amount within forty-five (45) days (or as otherwise agreed to in a Participating Addendum) of its due date; ii) Any representation or warranty made by Purchasing Entity in these lease or rental terms is false or incorrect and Purchasing Entity does not perform any of its obligations under these lease or rental terms, and this failure continues for forty-five (45) days (or as otherwise agreed to in a Participating Addendum) after Contractor has notified Purchasing Entity; ill) Purchasing Entity or any guarantor makes an assignment for the benefit of creditors; iv) Any guarantor dies, stops doing business as a going concern, or transfers all or substantially all of such guarantor's assets; or v) Purchasing Entity stops doing business as a going concern or transfers all or substantially all of Purchasing Entity's assets. j) Remedies. If a Purchasing Entity defaults on a rental or lease agreement, then Contractor, in addition to, or in lieu of, the remedies set forth in this Master Agreement, and Participating Addendum, may do one or more of the following: i) Cancel or terminate any or all Orders, and/or any or all other agreements that Contractor has entered into with Purchasing Entity; ii) Require Purchasing Entity to immediately pay to Contractor, as compensation for loss of Contractor's bargain and not as a penalty, a sum equal to: 1) All past due payments and all other amounts payable under the lease or rental agreement; 2) All unpaid payments for the remainder of the lease or rental term, discounted at a rate equal to three percent (3%) per year to the date of default; and 3) Require Purchasing Entity to deliver the Product to Contractor per mutual arrangements. Page 37 Copiers and Managed Print services - RFP-NP-1M01, NASPO Vali+ePog faster Agreement Tens and conditions, CMS # 140603 4.6. Security Requirements 4.6.1. Network and Data Security a) Devices maybe configured to include a variety of data security features. The set-up of such features shall be at the discretion of the Purchasing Entity, and all costs associated with their implementation must be conveyed by Contractor prior to Order placement. b) Contractor will not be permitted to download, transfer, or access print data stored on the Device in either hard drive or chip memory. Only system management accessibility will be allowed. c) Contractor shall ensure that delivery and performance of all Services shall adhere to the requirements and standards as outlined in each Participating State or Entity's Participating Addendum. 4.6.2. Sensitive Information. Sensitive information that is contained in any Legacy Equipment or applications shall be encrypted if practical. In addition, sensitive data will be encrypted in all newly developed applications. Since sensitive information is subjective, it shall be defined by each Participating State or Entity in their Participating Addendum. 4.6.3. Data Breach. Contractor shall have an incident response process that follows National Institute of Standards and Technology (MIST) standards as referenced in Special Publication 800-61, Revision 2 (available at http://dx.doi.org/10.6028/NIST.SP.800-6lr2) and includes, at a minimum, breach detection, breach notification, and breach response. 4.6.4. Authentication and Access a) Any network connected Device must offer authentication for all features via LDAP and/or Windows AD, as well as the ability to disable authentication for any or all features. b) Any network connected Device must have the ability to connect via Dynamic Host Configuration Protocol (DHCP) or Static IP address. c) The credential information for any remote authentication method may not be maintained within the Device's memory. d) Access to the Device's administrative functions must be password protected per the Participating State or Entity requirements, and the default settings must be changed at the time of Equipment installation. 4.6.5. Hard Drive Removal and Surrender a) Contractor shall ensure that all hard drive data is cleansed and purged (if capable) from the Device at the end of its Useful Life, or when any hard drive leaves the Purchasing Entity's possession; or b) At the Participating State or Entity's discretion, Contractor shall remove the hard drive from the applicable Device and provide the Purchasing Entity with custody of the hard drive before the Device is removed from the Purchasing Entity's location, moved to another location, or any other disposition of the Device. The Purchasing Entity shall then be responsible for securely erasing or destroying the hard drive. c) If Contractor takes possession of any Device at the Purchasing Entity's location, then they shall also remove any ink, toner, and associated Supplies (drum, fuser, etc.) and dispose of them in Page 38 Coplen and Managed Pdnl Services - RFP-NP-18-001, N2P6be-yy plaster Agreement Tenns and Condl0ons, CMS k 140603 accordance with applicable law, as well as environmental, and health considerations, or as otherwise specified in a Participating Addendum. d) Hard drive sanitation shall be at no expense to the Purchasing Entity; however, Contractor may charge the Purchasing Entity a fee if the Purchasing Entity elects to keep the hard drive in their possession. Contractor must disclose the price for removal and surrender of the hard drive, prior to Order placement. e) If the hard drive is not removable, or the Device does not contain a hard drive, then Contractor must convey this to the Purchasing Entity at the time of Order placement. In the case of a non - removable hard drive, §4.6.5(a) shall apply. f) If a Contractor is removing another Manufacturer's Equipment, they are not permitted to remove the hard drive. Only the Manufacturer or their Authorized Dealer shall remove hard drives in their own Devices. Contractor shall work with the Manufacturer to ensure the requirements pursuant to this Subsection are met to the best of their abilities. 4.7. Equipment Demonstration Requirements 4.7.1. Contractor must offer trial or demonstration Equipment for Group A, Group B, and if requested by the Purchasing Entity, Group C, Group D, and Group F. 4.7.2. Trial or demonstration Equipment may be new or used; however, no used, Remanufactured, or Refurbished Devices shall be converted to a purchase, lease, or rental. 4.7.3. At the discretion of the Participating State or Entity, and upon request by a Purchasing Entity, showroom Equipment for Groups A, B, and C may be converted to a purchase, lease, or rental providing the following conditions are met: a) The meter count on Group A and Group B Devices does not exceed 10,000 copies total (i.e. b&w and color combined); b) The meter count on Group C Devices not exceed 50,000 copies total (i.e. b&w and color combined); c) The Device must be discounted by at least 5% off of this Master Agreement pricing for that same Device; and d) The Purchasing Entity and the Contractor indicate on the Order that the Device is a showroom model. 4.7.4. Any trial or demonstration period shall not exceed thirty (30) calendar days. 4.8. Shipping and Delivery Requirements 4.8.1. All Orders, regardless of quantity, shall be delivered to the Purchasing Entity within thirty (30) calendar days after Contractor receipt of Order, unless otherwise specified by a Purchasing Entity. 4.8.2. Software related to the Device must be installed within five (5) Business Days of the Device installation, or as otherwise stated in an Order. 4.8.3. All deliveries shall be F.O.B. destination, freight pre -paid, with all transportation and handling charges paid by the Contractor. The minimum shipment amount, if any, will be found in the special terms and conditions. Any Order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. Page 39 Coplers and Managed Print services - RFP.NP-16-001, Ny$PQT—tt 6star Agreement Toms and conditions, CMS p 140603 4.8.4. Responsibility and liability for loss or damage shall transfer to the Purchasing Entity upon delivery of the Product, except as to material defects, fraud and Contractor's warranty obligations, which shall remain with the Contractor. 4.8.5. All deliveries shall be made during Normal Business Hours, which may vary for each Purchasing Entity of each Participating State. 4.8.6. It shall be the responsibility of the Contractor to be aware of the delivery days and receiving hours for each Purchasing Entity. 4.8.7. The Purchasing Entity shall not be responsible for any additional charges, should the Contractor fail to observe specific delivery days and receiving hours. 4.8.8. The delivery days and delivery hours shall be established by the Purchasing Entity at the time of Order placement. 4.8.9. All deliveries, with the exception of drop -shipped or desktop Products, shall be made to the interior location specified by the Purchasing Entity. Specific delivery instructions will be noted on the Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. 4.8.10. Products shall be packaged and labeled so as to satisfy all legal and commercial requirements applicable for use by any Purchasing Entity, and shall include, without limitation and if applicable, OSHA material safety data sheets, and shall conform to all statements made on the label. 4.8.11. Packages that cannot be clearly identified may be refused and/or returned at no cost to the Purchasing Entity. 4.8.12. Laws and Regulations. Any and all Products and Services offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 4.9. Equipment Installation Requirements 4.9.1. Prior to Order acceptance, Contractor must advise Purchasing Entity of any specialized installation and site requirements for the delivery and installation of Device. This information should include, but is not limited to, the following: a) Air conditioning; b) Electrical; c) Special grounding; d) Cabling; e) Space; f) Humidity and temperature limits; and g) Other considerations critical to the installation. 4.9.2. The Purchasing Entity shall be responsible for famishing and installing any special wiring or dedicated lines. Page 40 Caplan and Managed Print services. RFP.NP•19-001, N2P9.YaWePg Tatar Agreement Terms and Conditlons, CMS # 140603 4.9.3. Network installation shall include configuration of the Device for the proper network protocols, and installation of the appropriate print drivers on up to five (5) computers per Device, or as otherwise specified in a Participating Addendum. 4.9.4. If applicable, all Devices must be set-up with Preventative Maintenance notifications turned on, and with the most environmentally responsible defaults enabled, including Energy Star saving settings. 4.9.5. Contractor may charge for excessive installation requirements, including rigging, access alterations, and access to non -ground floors via stairs. Any such excessive installation charges must be quoted to the Purchasing Entity prior to the signature of any Order, and shall be based on the actual expenditures of Contractor or Authorized Dealer. In addition, Contractor may charge for expedited shipping. 4.9.6. Contractor or Authorized Dealers shall affix a label or a decal to the Device at the time of installation which shows the name, address, and telephone number of Contractor or Authorized Dealer responsible for warranty Service of the Equipment. 4.9.7. Contractor shall clean-up and remove all debris and rubbish resulting from their work as required by the Purchasing Entity. Upon completion of the work, the premises shall be left in good repair and in an orderly, neat, clean, and unobstructed condition. 4.10. Inspection and Acceptance 4.10.1. All Products are subject to inspection at reasonable times and places before Acceptance. 4.10.2. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: a) Declare Contractor to be in breach and terminate the Order; b) Demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, c) Continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be deemed Accepted and no charges shall be paid until the standard of performance is met. 4.103. Purchasing Entity shall confirm delivery, installation and Acceptance of all Products covered by each purchase, lease, or rental Order, by signing a Delivery and Acceptance Certificate (D&A), as referenced in Exhibit B (Sample D&A Certificate), which shows Acceptance of the Product(s) and allows Contractor to invoice for the Products(s). 4.10.4. Purchasing Entity agrees to sign and return the D&A to Contractor (which, at mutual agreement, may be done electronically) within five (5) Business Days after any Product is installed, or as otherwise stated in a Participating Addendum. 4.10.5. Failure to sign the D&A or reject the Product(s) within the foregoing five (5) day period shall be deemed as Acceptance by the Purchasing Entity; however, it does not relieve the Contractor of liability for material (nonconformity that substantially impairs value) defects subsequently revealed when Products are put to use. Acceptance of such Products may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor shall be liable for any resulting Page 41 Copiers and Managed Print services - RFP.NP-18-001, NBTU ster Agreement Terms and conditions, CMS # 140603 expense incurred by the Purchasing Entity in relation to the preparation and shipping of Product(s) rejected and returned, or for which Acceptance is revoked. 4.10.6. Transfer of Title a) Contractor shall have exclusive title to the Products being delivered and the Products shall be free and clear of all liens, encumbrances, and security interests. Title to the Device shall only pass to the Purchasing Entity upon: i) Purchasing Entity up -front purchase of the Device; ii) Purchasing Entity exercising the purchase option at the end of a Fair Market Value Lease; III) Upon expiration of a Purchasing Entity's $1 Buyout Lease; or iv) Purchasing Entity has secured Third Party financing and payment is being made directly to the Contractor by the Purchasing Entity. b) Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity's transferee. 4.10.7. If any Services do not conform to Contract requirements, the Purchasing Entity may require the Contractor to perform the Services again in conformity with Contract requirements, at no increase in Order amount. When defects cannot be corrected by re -performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and reduce the Contract price to reflect the reduced value of Services performed. 4.11. Warranty Requirements 4.11.1. The Warranty period shall begin upon Acceptance of the Products, and shall be for a minimum of ninety (90) days for purchase, lease and rental Equipment, regardless of whether Purchasing Entity has elected to enter into a Maintenance Agreement. 4.11.2. Three Year Performance Guarantee: The performance and operation of any new Sharp MFD acquired under the Master Agreement shall be quaranteed for 3 years from the date of installation as long as the Purchasing Entity has maintained a full Service Maintenance Agreement with the Contractor or their Authorized Dealer, using only Sharp Supplies and parts. If the MFD is not performing within the Device's design specifications and cannot be repaired by Contractor or their Authorized Dealer, then Contractor shall replace the Equipment with a like model with comparable features. 4.11.3. Devices that are sold under this Master Agreement will come with the standard features as published on the Manufacturers website, and will not deviate from the stated specifications. 4.11.4. Products shall be in good working order, free from any defects in material and workmanship, and fit for the ordinary purposes they are intended to serve. 4.11.5. If defects are identified, per mutual agreement of Contractor and the Purchasing Entity, Contractors obligations shall be limited solely to the repair or replacement of Products proven to be defective upon inspection. 4.11.6. Replacement of Products shall be on a like -for -like basis and shall be at no cost to the Purchasing Entity. Page 42 Coplers and Managed Pdnt Services - RFP-NP-19-001, NB$tg=gut plaster Agreement Terms and Conditlons, CMS N 140603 4.11.7. Repair of defective parts and/or Devices shall be at no cost to the Purchasing Entity. 4.11.8. Upon significant failure of a Product, the warranty period shall commence again for the same amount of time as specified in §4.11.1. Significant failure shall be determined by the Participating State. 4.11.9. Contractor warranty obligations shall not apply if: a) Product is installed, wired, modified, altered, or serviced by anyone other than Contractor and/or their Authorized Dealer; b) Product is damaged by accident or misuse; c) If a defective or non -Contractor authorized Accessory, Supply, software, or part is attached to, or used in the Device; d) The Equipment was maintained using other than genuine Sharp supplies and parts; and e) The Device is relocated to any place where Contractor Services are not available. 4.11.10.Contractor agrees to perform its Services in a professional manner, consistent with applicable industry standards. 4.11.11. It will be at the discretion of each Participating State or Entity to negotiate additional warranty requirements with the Contractor. 4.11.12. Lemon Clause a) This clause shall apply to all Devices that are purchased, leased, or rented under this Master Agreement. b) This clause shall not apply if Supplies are used in the Devices that were not manufactured, provided, or authorized by the Contractor. c) The application period is thirty-six (36) months from the date of Acceptance. d) This clause shall take precedence over any other warranty or Services clauses associated with this Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. e) A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. f) Any Device that fails (except due to operator error) to function in accordance with the Manufacturer's published performance specifications, four (4) times in any four (4) week period and/or is subject to recurring related problems, shall be replaced with a like -For -like Device that meets or exceeds the requirements of the original Device, at no cost to the Purchasing Entity. 4.12. Customer Service 4.12.1. Key Personnel. Contractor shall ensure that staff has been allocated appropriately to ensure compliance with this Master Agreement and subsequent Participating State or Entity requirements and that the individuals occupying the Key Personnel positions have adequate experience and Page 43 Copier and Managed Print Services • RFP•NP•164011, N5$PSyjpe=ol�t Mgster Agreement Tema and conditions, CMS # 140603 knowledge with successful implementation and management of a national cooperative contract. Contractor shall ensure that there is always a single point of contact for the following positions: a) Master Agreement Contract Administrator - the Lead State's primary contact in regards to Contract negotiations, amendments, Product and Price List updates, and any other information or documentation relating to this Master Agreement; b) NASPO ValuePoint Reporting Contact - Responsible for submitting quarterly reports and the quarterly Administrative Fee to the appropriate personnel; c) Master Agreement Marketing Manager - Responsible for marketing this Master Agreement, as well as creating Participating State websites, and ensuring that all uploaded data and content is current; and d) National Service Manager - Responsible for overseeing the Regional Service Managers, Field Service Technicians, training, and inside Service operations. This position works with the Lead State Contract Administrator to ensure contractual obligations are met, while providing leadership for the Contractor's operations, as well as strategic planning of the Service department. 4.12.2. Contractor shall provide a single point of contact for each Participating State, who will handle any questions regarding the Products provided, as well as pricing, delivery, billing, status of Orders, customer complaints and escalated issues. 4.123. Contractor shall provide full Service and support for Products during Normal Business Hours. 4.12.4. Contractor shall have a designated customer service team who will be available by phone (via local or toll free number), fax, or email during Normal Business Hours. 4.12.5. Customer service representatives shall have online access to account information and will respond to inquiries concerning the status of Orders (shipped or pending), delivery, back -orders, pricing, Product availability, Product information, and account and billing questions. 5. ADMINISTRATION OF ORDERS 5.1. Ordering and Invoicing Specifications 5.1.1. Master Agreement Order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. 5.1.2. Contractor shall accept procurement credit cards as a form of payment from Purchasing Entity, with no additional charge or fee assessed. 5.1.3. Contractor shall provide a centralized billing option, upon request, and at the discretion of a Participating State or Entity. 5.1.4. Authorized Dealers may invoice the Purchasing Entity directly, unless otherwise specified in a Participating Addendum. 5.1.5. Contractor and/or Authorized Dealers may charge the Purchasing Entity a re -stocking fee for any Products that are not accepted. The amount of the fee shall be the lesser of 10% of the purchase price, or $200.00, unless otherwise specified in a Participating Addendum. 5.1.6. Contractor may bill property tax separately or as otherwise indicated in a Participating Addendum or an Order. Page 44 Coplers and Managed Print Servkes - RFP-NP-IMOt, N/ySPo y e=ol4l M star Agreement Tems and conditions, CMS # 140603 5.1.7. Contractor and/or Authorized Dealers may estimate meter reads if a Purchasing Entity fails to submit the required information within the specified time -frame. 5.1.8. This Master Agreement permits Purchasing Entities to define project -specific requirements and informally compete the requirement among other contractors having a NASPO ValuePoint Master Agreement, on an "as needed" basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to Purchasing Entity rules and policies. The Purchasing Entity may, in its sole discretion, determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. 5.1.9. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of Products, and/or Services contemplated by this Master Agreement. 5.1.10. Contractor shall not begin work without a valid purchase order or other appropriate commitment document compliant with the law of the Purchasing Entity. 5.1.11. Orders must be placed consistent with the terms of this Master Agreement, and only during the term of this Master Agreement. 5.1.12. All Orders pursuant to this Master Agreement, at a minimum, shall include: a) Name of Purchasing Entity; b) The name, phone number, and address of the Purchasing Entity representative; c) Order date; d) Description of the Product and/or Service ordered; e) Model number; f) Serial number; g) Price; h) This Master Agreement number; and i) Any additional information required by the Participating Entity. 5.1.13. All software Orders must reference the Manufacturer's most recent release or version of the Product, unless the Purchasing Entity specifically requests a different version. 5.1.14. All communications concerning administration of Orders placed shall be furnished solely to the authorized individual within the Purchasing Entity's location, or to such other individual identified in writing in the Order. 5.1.15. Contractor shall not issue an invoice until the Purchasing Entity has confirmed Acceptance, per §4.10.3. 5.1.16. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then -current termination date of this Master Agreement. Contractor is reminded that financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. Page 45 Copiers and Managed Pdnt Services - RFP-NP-19-001, NASP§ ffPg Master Agreement Tenns and conditions, CMS # 140603 5.1.17. Internet -based Portal and Electronic Catalogs. If Contractor provides the ability to place an Order through an intemet-based portal or electronic catalog, then Contractor shall maintain all necessary hardware, software, backup -capacity and network connections required to operate that intemet-based portal or electronic catalog. In addition, Contractor shall adhere to the following requirements: a) The internet-based portal or electronic catalog shall clearly designate that the Products are part of this NASPO ValuePoint Master Agreement, and shall link to the Participating State or Entity's designated web location; b) All Environmentally Preferable Products (EPP) shall be clearly listed; c) If the Contractor's electronic catalog will either be hosted on or accessed through the Participating State's eCommerce system, then Contractor shall comply with all policies, procedures and directions from the Participating State or Entity in relation to hosting its catalog on or making its catalog accessible through that system; d) All information made available through the Participating State or Entity's eCommerce system is accurate and complies with this Master Agreement and the Participating Addendum; and e) Paper catalogs or catalogs on other digital media must be supplied to the Participating State or Entity upon request. 5.1.18. Substitutions are not allowed. If an ordered Product is out -of -stock, Contractor shall notify the Purchasing Entity and request approval before substituting for the out -of -stock item. Contractor's request to substitute shall explain how the substituted Product compares with the out -of -stock item. Any substitute Product offered must be on this Master Agreement Price List. 5.1.19. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery Order arrangement priced against this Master Agreement, may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery Order agreement. 5.1.20. Contractor's process for resolving disputed invoices, issuing refunds and/or credit, and addressing over -payments as well as Product returns is as follows: a) Purchasing Entity shall contact the Contractor via email or the 800 customer service number provided on the invoice; b) If the Customer Service team is not able to resolve the issue, then the call will be escalated to the appropriate Contractor representative; c) In the event of over -payment or if a credit has been issued for a Product return, Contractor shall apply the over -payment as a credit towards any open invoices. If there are no open invoices, then Contractor shall issue a refund to the Purchasing Entity. In all instances of dispute resolution, the Purchasing Entity may contact the Participating State Contract Administrator, or the Lead State for assistance is resolving the dispute. 5.2. Payment Payment for completion of a Contract Order is normally made within thirty (30) days following the date the entire Order is delivered or the date a correct invoice is received, whichever is later. After forty-five (45) days, the Contractor may assess overdue account charges up to a maximum rate of one (1) percent per month on the outstanding balance. Page 46 copiers and Managed Print services . RFP.NP•18-001, NASPO ValuePoint Master Agreement Terms and conditions, CMS # 140603 25B-67 6. GENERAL PROVISIONS 6.1. Insurance 6.1.1. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option; result in termination of its Participating Addendum. 6.1.2. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering premises operations, Products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence, $2 million general aggregate, $2 million Products and completed operations aggregate and $50,000 any one fire. If any aggregate limit is reduced below $2,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Participating Entity, a certificate or other document satisfactory to the Participating Entity, showing compliance with this provision. b) Cyber Liability covering claims and losses with respect to network, internet (Cloud) or other data disclosure risks (such as data breaches, releases of Confidential Information, unauthorized access/use of information, and identity theft) with minimum limits of not less than $2,000,000. c) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. d) Automobile Liability covering any auto (including owned, hired and non -owned), with a minimum limit of $1,000,000 each accident combined single limit. 6.1.3. Contractor shall pay premiums on all insurance policies. Contractor may suffice the above limits through a combination of primary and excess liability policies. 6.1.4. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that: a) Names the Participating States identified in the Request for Proposal as additional insured's, and; b) Provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity's rights and Contractor's obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. 6.1.5. Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within seven (7) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Purchase Order's effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy Page 47 Coplers and Managed Pdnt SeMces - W-NPAM01, NASPO ValuePoint Master Agreement Terms and CondlOons, CMS p 140603 number, limits of liability, exclusions and endorsements). Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. 6.1.6. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Order. 6.2. Records Administration and Audit 6.2.1. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or Orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any Order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. 6.2.2. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of this Master Agreement or Orders, or underpayment of fees found as a result of the examination of the Contractor's records. 6.2.3. The rights and obligations herein right exist in addition to any quality assurance obligation in this Master Agreement requiring the Contractor to self -audit Contract obligations and that permits the Lead State to review compliance with those obligations. 6.3. Confidentiality, Non -Disclosure, and Injunctive Relief 63.1. Confidentiality. Contractor acknowledges that it and its employees or Authorized Dealers may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity's or Purchasing Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or Authorized Dealers in the performance of this Master Agreement, including, but not necessarily limited to: a) Any Purchasing Entity's records; b) Personnel records; c) Information concerning individuals is Confidential Information of Purchasing Entity. Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that: i) Is or becomes (other than by disclosure by Contractor) publicly known; ii) Is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; iii) Is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; Page 49 copiers and Managed Print Services - RFP-NP-1S-001, NASPO ValuePolnt Master Agreement Terms and conditions, CMS # 140603 25B-69 iv) Is obtained from a source other than Purchasing Entity without the obligation of confidentiality; v) Is disclosed with the written consent of Purchasing Entity; or vi) Is independently developed by employees, Dealers or Subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 6.3.2. Non -Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and Authorized Dealers of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity's request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 6.3.3. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. 6.3.4. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. 6.3.5. The rights granted to Purchasing Entities, and the Contractor obligations under this section shall also extend to the cooperative's Confidential Information, defined to include Participating Addenda, as well as Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to §6.2, Records Administration and Audit. To the extent permitted by law, Contractor shall notify the Lead State of any entity seeking access to the Confidential Information described in this subsection. 6.4. License of Pre -Existing Intellectual Property Contractor grants to the Purchasing Entity a non-exclusive, perpetual, irrevocable, unlimited license to use, modify, or dispose of the Intellectual Property and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, Page 49 Coplers and Managed Prinl Services. RFP.NP-16-001, Ng5P0 y�tuesaint ytaster Agreement Terns and conditions, CMS R 140603 on behalf of the Purchasing Entity, written consent of the owner for the licensed Pre-existing Intellectual Property. 6.5. Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws. 6.6. Assignment/Subcontracts 6.6.1. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. 6.6.2. The Lead State reserves the right to assign any rights or duties, including written assignment of Contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint. 6.7. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's Key Personnel, in writing within ten (10) calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed in the Contractor's proposal. 6.8. Independent Contractor 6.8.1. Contractor shall perform duties as an Independent Contractor, and not as an employee. Neither the Contractor nor any employee or Authorized Dealer of the Contractor, shall be or deemed to be an employee of the Lead State, NASPO ValuePoint, and/or any Participating State or Entity. 6.8.2. Contractor acknowledges that its employees are not entitled to unemployment insurance benefits unless the Contractor or a Third Party provides such coverage, and that the Lead State, NASPO ValuePoint and any Participating State or Entity does not pay for or otherwise provide such coverage. 6.8.3. Contractor shall have no authority to bind the Lead State, NASPO ValuePoint and any Participating State or Entity to any agreements, liability, or understanding except as may be expressly set forth in this Master Agreement, Participating Addendum or an Order. 6.9. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that parry's reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of this Master Agreement. 6.10. Defaults and Remedies 6.10.1. The occurrence of any of the following events shall be an event of default under this Master Agreement: a) Nonperformance of contractual requirements; or b) A material breach of any term or condition of this Master Agreement; or c) Any certification, representation or warranty by Contractor in this Master Agreement that proves to be untrue or materially misleading; or Page 50 Copiers and Managed Pdnt services - RFP.NP-19-001, "JA PO Vglue=pint tv�star Agreement Teems and conditions, CMS p 140603 d) hnstitution of proceedings under any banlauptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or e) Any default specified in another section of this Master Agreement. 6.10.2. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of thirty (30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part, if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. 6.10.3. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: a) Exercise any remedy provided bylaw; b) Terminate this Master Agreement and any related Contracts or portions thereof, c) Impose liquidated damages as provided in this Master Agreement; d) Suspend Contractor from being able to respond to future Solicitations; e) Suspend Contractor's performance; and I) Withhold payment until the default is remedied. 6.10.4. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in this Master Agreement, in addition to those set forth in its Participating Addendum. 6.10.5. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 6.11. Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or an Order. 6.12. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, Page 51 Copiers and Managed Print services - RFP-NP-16-001, NASPO ValuePoInl Master Agreement Tens and Conditions, CMS # 140603 25B-72 attach a written explanation for review by the Lead State. 6.13. Indemnification 6.13.1. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), error(s), or omission(s) of the Contractor, its employees or Subcontractors or volunteers, at any tier, relating to the performance under this Master Agreement. 6.13.2. Indemnification — Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim"). 6.13.3. The Contractor's obligations under this section shall not extend to any combination of the Product with any other Product, system or method, unless the Product, system or method is: a) Provided by the Contractor or the Contractor's subsidiaries or affiliates; b) Specified by the Contractor to work with the Product; c) Reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available Product, system or method capable of performing the same function; or d) It would be reasonably expected to use the Product in combination with such Product, system or method. 6.13.4. The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. 6.14. No Waiver of Sovereign Immunity 6.14.1. In no event shall this Master Agreement, any Participating Addendum or any Contract or any Purchase Order issued thereunder, or any act of a Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. Page 52 Copiers and Managed Print Services . RFP.NP•16-001, NASPO ValuePoint Master Agreement Tenns and Conditions, CMS p 14M3 25B-73 6.14.2. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 6.15. Governing Law and Venue 6.15.1. The construction and effect of this Master Agreement shall be governed by the laws of the Lead State. Venue for any administrative or judicial action relating to this Master Agreement shall be in the City and County of Denver, Colorado. 6.15.2. The construction and effect of any Participating Addendum or Order against this Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. 6.15.3. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): The Lead State for claims relating to the procurement, evaluation, award, or Contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party. 6.16. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any Goods or Services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 6.17. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non - Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. Page 53 Copiers and Managed Pdnt services - RFP-NP-1"01, NASPO ValuePolnt Master Agreement Tems and Conditions, CMS # 140603 25B-74 THE PARTIES HERETO HAVE EXECUTED THIS MASTER AGREEMENT Individual signing for Contractor hereby swears and affirms that they are authorized to act on Contractor's behalf and acknowledge that the Lead State Is relying on their representations to that effect CONTRACTOR Sharp Electronics Corporation By: Mike Marusic Title: President and EO By: - *Signature Date:0�l9 STATE OF COLORADO Jared S. Polls, Governor Department of Personnel & Administration State Purchasing & Contracts Office ara Veitch, Executive Director By: John Chapman, Sifitte Purchasing Manager Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Master Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any Goods and/or Services provided hereunder. STATE CONTROLLER ao ert Jaros, CPA MBA, JD By: Date: T Z-L In Page 64 Copiers and Managed Print Services - RPP-NP-16-001, NASPO ValuePolnt Master Agreement Terms and Conditions, CMS p 140603 25B-75 EXHIBIT A, PRICE LISTS Group A Price List (posted as separate file) Group B Price List (posted as separate file) Group C Price List (posted as separate file) Group D Price List (posted as separate file) Group F Price List (posted as separate file) Supplies Price List (posted as separate file) Software Price List (posted as separate file) MPS Price List (posted as separate file) Page 55 Coplam and Managed Print SerWces - RFP-NP-18-001, N2 PO ViePoy truster Agreement Terms and ConeiUms, CMS # 140603 EXHIBIT B, SAMPLE D&A CERTIFICATE NASPO VALUEPOINT MASTER AGREEMENT NO. 140603 AND THE STATE OF Insert Name of Participating State PARTICIPATING ADDENDUM NO. WITH Sharp Electronics Corporation To: Insert Name of Contractor or Authorized Dealer Pursuant to the provisions of the Master Agreement and Participating Addendum, Purchasing Entity hereby certifies and warrants that (a) all Equipment described in the Order has been delivered and installed; (b) Purchasing Entity has inspected the Equipment, and all such testing as it deems necessary has been performed by Purchasing Entity and/or Contractor to the Satisfaction of Purchasing Entity; and (c) Purchasing Entity accepts the Equipment for all purposes of the Order. Insert name of Purchasing Entity By: Title: Date: Page 56 Coplers and Managed Print Services - RFP-NP-18-001, NASPO ValusPolnt Master Agreement Teems and Conditions, CMS # 140603 25B-77 EXHIBIT C, AUTHORIZED DEALERS BY STATE Sharp Dealer List (posted as separate file) Page 57 Copiers and Managed Pdnt Services-RFP-NP-194101, N2SPOIYPoint Master Agreement Tenns and Condrdws CMS p 140603 EXHIBIT D, AUTHORIZED DEALER FORM Manufacturer Name: (Check one) ❑ The Dealer listed below is authorized to provide Products and Services in accordance with the NASPO ValuePoint Copiers and Managed Print Services Master Agreement. ❑ The Dealer listed below will no longer provide Products and Services under the NASPO ValuePoint Copiers and Managed Print Services Master Agreement for the following reason: State(s) Serviced by Dealer: Dealer Name: Address: Phone (include Toll -Free, if available): Contact Person(s): Email Address: FEIN: Signed: (Contractor Representative) Date: Signed: Date: (Authorized Dealer Representative) (Print First and Last Name of Authorized Dealer Representative) Page 68 Copiers and Managed Print Services - RFP-NP-18-001 NASPO ValuePoint Master Agreement Teams and Condidao, CMS # 140603 25B-79 EXHIBIT E, NASPO VALUEPOINT DETAILED SALES REPORTING TEMPLATE IV NASPO ValuePoint Detailed Sales Repo Page 59 Copiers and Managed Print Services - RFP-NP-18-001, NASPO ValuePoint Master Agreement Teems and Conditions, CMS # 140603 25B-80 ATTACHMENT A, SHARP MASTER LEASE AGREEMENT SHARP. Master Lease Number: Customer's Federal Tax ID#: Customer Name (exact registered name if a corporation, LLC or LP): Customer's Address (principal place of business): Customer's d/b/a (if any): Customers Main Business Phone Number: In this Master Lease Agreement, as it may be amended from time to time (the "Master Agreement"). the words "You" and "Your" mean the Customer named above. "We," "Us" and "Our" mean Sharp Leasing USA Corporation ("SLUSA"). "Schedule" means a document, in the torte attached hereto as Exhibit A or such other form as We may accept in Our sole discretion, to be entered Into between You and Us for each individual transactlon entered Into between You and Us pursuant to this Master Agreement. "Sharp" means Sharp Electronics Corporation (either directly or through one of its branch dealers), the supplier of the Equipment to You This Master Agreernw4 each Schedule and the other documents executed or delivered by Us In connection herewith and therewith represent the Rna/ and only agreement between You and Us regarding the subject matter herein and therein and shall supersede any other oral or written agreements between You and Us. This Master Agreement can be changed only by a written agreement between You and Us. Other agreements not stated herein (Including, without limitation, those contained In any purchase agreement or other agreement between You and Sharp) are not binding on Us. This Master Agreement and each Schedule may be executed in counterparts, each of which shall be deemed an original. but all of which together shagconstitute the same document You acknowledge that You have received a copy of this Master Agreement and agree that a facsimile or other copy contain, ng Your faxed or copied signature shall be as erdomeab a as the original executed Master Agreement. You hereby represent that this Master Agreements legally binding and enforceable against You in accordance with Its terms 1. LEASE OF EQUIPMENT -GENERA Each Schedule executed by You (and to be executed by You in the future) represents your agreement to lease from Us the personal property listed therein (together with all existing and future accessories. atlachmeris, replacements, additions and embedded software, the "Equipment"), upon the tens stated in such Schedule and this Master Agreement. the terms and conditions or which are incorporated by refemnce Into the Schedule (collectvely a "Lease"). Each Schedule, including the teens and conditions Incorporated therein by reference, shall be considered a separateand ndependent Lease. If the Equipment includes any software, You agme that(i)We don't own the software,(it) You are responsible forenledng Into any necessary softwom license agreements with the owners or licensors of such software. (iii) You shall comply with the teens of all such agreements. if any, and (•v) any default by You under any such agreements shall also constitute a default by You under this Master Agreement and the related Schedule. The initial term of each Lease wil I begin or. a date designated by Us after We accept it (the "Commencement Date") and will continue for the number of months shown on such Schedule ("Initial Tom"). You promise to pay to Us the periodic payments shown on each Schedule in accordance with the payment schedule set forth themin, plus a I other amounts staled hemin and therein Each Schedule is binding on You as of the date You sign it. After You sign a Schedule. We may (i) insert the Schedule or ccntmct number thereon and any other information missing in such Schedule. (ii) lease payment may be adjusted downward if the actual cost of the equipment 13 less than the original estimate provided to the Lessee 2. NON -CANCELABLE TERM: AUTOMATIC RENEWAL. As used herein, "Present Term" means the term presently in effect at any time with respect to a Lease. whether d s the In.lal Tenn or a Renewal Term (as defined below). With respect to each Lease, You shall notify Us In writing at least 30 days before the end of the Present Term (the "Notice Period") that You Intend to return the Equipment at the end of such Present Term or enter Into a Renewal Term, per the terms and conditions outlined In the Master Agreement Should you choose to renew the Lease, then) the payment amount and other terms of such Lease will continue to apply. If You do notify Us In writing within the Noli_e Period that You Intend to return the Equipment at the end of the Present Term, then. promptly upon the expiration of such Present Tem. You she I return the Equipment pursuant to Section 13 belcw. Each Lease is non -cancelable during the Initial Term and any Renewal Term. 3. UNCONDITIONAL OBLIGATIONS. With respect to each Lease, You agree than (a) We are a separate and Independent company from Sharp, the manufacturer and any other vendor (collectively, "Vendors"), and the Vendors are NOT Our agents; (b) no statement, representation or warranty by any Vendor Is binding on Us, and no Vendor has authority to waive or altar any term of this Master Agreement or any Schedule; (c) You, not We, selected all Equipment and the Vendors based on Your own judgment; (d) Your duty to perform Your obligations under this Master Agreement and each Schedule Is unconditional and Irrevocable despite any failure of any Equipment, the existence of any law restricting the use of any Equipment or any other adverse condition; (a) if You am a party to any maintenance, service, supplies or other contract with any Vendor, We are NOT a party thereto, such contract Is NOT pan of this Master Agreement or any Schedule (even though We may, as a convenience to You and a Vendor, bill and collect monies owed by You to such Vendor), We have no obligations to You under such contract, and no breach by any Vendor will excuse You from performing Your obligations to Us under this Master Agreement or any Schedule; and In If the Equipment Is unsatisfactory or if any Vendor falls to provide any service or fulfill any other obligation to You, You shall not make any claim against Us and shall continue to perform all of Your obligations to Us. THE TERMS OF THIS MASTERAGREEMENTARE CONTINUED ON THE REVERSE SIDE/NEXT PAGE. DO NOT SIGN THIS CONTRACT BEFORE YOU READ AND UNDERSTAND?. PLEASE SEEK LEGAL COUNSEL BEFORE SIGNING IF YOU HAVE QUESTIONS. Customer. Accepted by Sharp Leasing USA Corp.. Mahwah, New Jersey By X Date: _I _/_ By Print name Acceptance Date: I _ / _ (to be filled in by Title: SharpLeasi USA Co Page SO Copiers and Managed Print Services - RFP-NP-18-001, NASPO Val,,ePolnt Master Agreement Terms and Conditions, CMS a 1, 003 25B-81 4. PAYMENTS. The payments due pursuant to each Schedule, plus applicable taxes and other charges provided for herein and in the Schedule, shall be due and payable by the due date set forth in Our invoke to You. The payments due under a Schedule may include additional copy charges at the'Overage Copy Charge rate specified In the Schedule for copies in excess of the Monthly Copy Allowance provided in the Schedule. You agree to (a) provide Us or Sharp by telephone or facsimile with the actual meter readings whenever You are requested to do so, (b) allow Us or Sharp to attach an automatic meter reading device to the Equipment, which meter reading device You will not remove or after without approval from Us or Sharp, and/or (c) give Us or Sharp access to the Equipment to obtain meter readings or audit the meter reading device If We or Sharp request You to provide meter readings and You fail to do so within 7 days of the dale of such request then (1) the number of copies used by You may be estimated by Us or Sharp and We Wit Invoke You accordingly, and (0) We Wit adjust the estimated charge for excess copies upon receipt of actual meter readings. Restrictive endorsements an checks Wit not be binding on Us All payments received WII be applied to past due amounts and to the current amount due in such order as We determine. Any security deposit or estimated future Governmental Charge (as defined in Section 10 below) that You pay with respect to a Lease is non -interest bearing, may be commingled Wlh Our funds, may be applied by Us at any time to past -due amounts, and the unused portion Wit be returned to You within 90 days after the end of this Lease If We do not receive a payment within forty-five (45) days of the due date, You shall pay (1) a fee equal to 1 % per month of the outstanding balance If any check is dishonored, You shall pay Us a fae of $20.00, Promptly lot owing Our request from time to time, You shall famish Us with current financial statements S. INDEMNIRCATION. With respect to each separate Lane, You agree to Indemnify and defend Us against and hold Us harmless for, any and all claims (Including but not limited to claims for personal Injury and death), actions, damages, Ilabilltles, losses and costs (including but not limited to reasonable attorneys' fees) made against Us, or suffered or incurred by Us, arising directly or Indirectly out of, or otherwise relating to, the delivery, Installation, possession, ownership, use, loss of use, defect In or malfunction of any Equipment. This obligation shall survive the termination of this Master Agreement and each Schedule. 6. NO WARRANTIES. WE ARE LEASING ALL EQUIPMENT TO YOU "AS IS". We have not made and we hereby disclaim any and all warranties, express or Implied, arising by applicable law or otherwise, Including without limitation, the Implied warranties of merchantability and fitness for a particular purpose. We hereby transfer to You, without recourse to Us, all automatically transferable warranties, 6 any, made to Us by the Vendors) of the Equipment You agree that each Lease is a'finance lease under the Uniform Commercial Code (the "UCC") unless otherwise expressly stated in the related Schedule or as provided by law. To the extent permitted by law, You hereby waive any and all rights and remedies conferred upon You under UCC Sections 2A-303 and 2A-508 through 522. You may be entitled under Article 2A of the UCC to the promises and warranties (if any) provided to Us by some or all of the Vendors) In connection with or as part of the contracts (d any) by which We acquire Equipment from such Vendors). You may contact such Vendors) for an accurate and complete statement of those promises and warranties (if any), including any disclaimers and limitations of them or of remedies. If it is determined that any Lease Is a lease Intended as security and/or the related Schedule grants to You a $1.00 purchase option, then You hereby grant to Us a security Interest In the related Equipment and all proceeds thereof You authorize Us to record UCC financing statements to protect Our Interests n the Equ pment 7. DELIVERY, LOCATION. OWNERSHIP, USE, MAINTENANCE OFEQUIPMENT. Sharp Wit install (and, with Our prior consent, remove) the Equipment In accordance Wlh Sharp's service policies You are responsible for all Equipment maintenance You shall not remove any Equipment from the Equipment location specified in the related Schedule un ass You first gel Our perm ss on. You shall give Us access to each Equipment location so that We may Inspect the Equipment, and You agree to pay Our costs in connection therewith, and as outlined in the Master Agreement, Whether performed prior to or after the Commencement Date of the related Lease. Unless otherwise stated In the related Schedu a or as provided by law, We will own and have title to all Equipment (excluding any software) during each Lease. You agree that all Equ pmenl is and shall remain personal property. Without Our prior written consent, You Wit not permit It to become (i) attached to real property or (I.) subject to any liens or encumbrances. You represent that all Equipment will be used solely for commercial purposes and not for personal, family or household purposes. You shall use all Equipment in accordance with all laws, operation manuals, any service contracts and Insurance requirements, and shall not make any permanent afteretions to it. At Your cost, You shall keep all Equipment In good working order and warrantable condition, ordinary wear and tear excepted ("Good Condition"). 8. LOSS, DAMAGE, INSURANCE. With respect to each Lease, You she 1, at all limes during the Initial Term and any Renewal Term, (1) bear the risk of loss and damage to the Equipment and shal . continue performing all Your obligations to Us even 0 it becomes damaged or suffers a lass, (li) keep the Equipment Insured against all risks of damage and loss ("Property Insurance") In an amount equal to its replacement cost Wlh Us named as sole 'low payee; and (III) carry public Lability Insurance covering bodily Injury and property damage ("Liability Insurance") in an amount acceptable to Us, Wth Us named as "additional Insured' You have the choice of satisfying these Insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance ("Insurance Proof"). within 30 days of the Commencement Date of such Lease. Such Insurance Proof must provide for at least 30 days priorwritten notice to Us before d may be canceled or terminated and must contain othertemhs satisfactory to Us. If you do not provide Us with Insurance Proof within 30 days of the Commencement Date of any Lease, or If such Insurance terminates for any reason, then (a) You agree that We have the right but not the obligation, to obtain such Property Insurance and/or Liability Insurance In such forms and amounts from an Insurer of Our choosing In order to protect Our Interests ("Other Insurance"), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge W I nc!ude reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance. and a finance charge of up to 18% per annum (or the maximum rate allowed by law, 9less) on any advances We make for prom ums. (collectively, the "Insurance Charge"). We and/or one or more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may Include a profit. We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You Any Other Insurance need not name You as an Insured or protect Your Interests. The Insurance Charge may be higher than the amount You would pay if You obtained Property and Llabi:ity Insurance on Your own. 9. ASSIGNMENT. You shall not sell, transfer, assign or otherwise encumber (collectively, "Transfer") this Master Agreement or any Schedule, or Transfer or sublease any Equipment In whole or In part We may, upon prior written notice to You, Transfer Our interests in any Equipment and/or this Master Agreement or any Schedu'e. In whole or .n part, to a third party ("New Owner"), and 9 so, the New Owner will, to the extent of the Transfer, have all of Our rights and benefits but will not have to perform Our obligations (If any). You agree not to assert against the New Owner any claim or defense You may have against Us or any predecessor in interest. 10. _TAXES AND OTHER FEES. You are responsible for a taxes (including, without limitation, sales and personal property taxes, and excluding only taxes based on Our Income), levies, assessments. license and registration fees and othergovemmental charges relating to this MaslerAgmement each Schedule and/or the related Equipment (collectively "Governmental Charges"). You agree to promptly pay Us, on demand, estimated future Governmental Charges You authorize Us to pay any Governmental Charges as they become due, and You agree to reimburse Us promptly upon demand for the full amount (less any estimated amounts previously paid by Yoj). You agree to pay Us a fee for preparing and filing personal property tax returns, and You agree not to file any personal property tax relums. You also agree to pay Us upon demand (1) for all costs of fi::ng, amending and releasing UCC financing statements, and (11) a processing fee of $75.00 (or as otherwise agreed) per Lease to cover Our investigal'on and other administrative costs in originating such transaction You also agree to pay Us a fee, h accordance With Our current fee schedule, which may change from time to time, for additional services We may provide to You al Your request You agree that the fees sat forth in this Master Agreement may Include a profit. Page 61 Copiers and Managed Print Services - RFP-NP-16-001. NASPO ValuePdnt Master Agreement Terns and Conditions, CMS # 140603 25B-82 It. SAVINGS CLAUSE ff any amount charged or collected under this Master Agreement or any Lease is greater than the amount allowed by law, including, without limitation, any amount that exceeds applicable usury limits (an "Excess Amount"), then (1) any Excess Amount charged but not yet paid will be waived by Us and (it) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder. 12. DEFAULT. With respect to each Lease, You will be in default y You (1) fall to pay any amount due within 15 days of the due date, (2) breach or attempt to breach any other tans, representation or covenant set forth herein, the related Schedule or In any other agreement between You and Us, (3) die (if You are an Individual), go out of business or commence dissolution proceedings, (4) become Insolvent, admit Your Inability to pay Your debts, make an assignment for the benefit of Your creditors (or enter Into a similar arrangement), file (or there is filed against You) a bankruptcy, reorganization or similar proceeding or a proceeding for the appointment of a receiver, trustee or liquidator, or (5) suffer an adverse change in Your financial condition and, as a result thereof or for any other reason, We deem Ourselves Insecure. If You default, We may do any or all of the following with respect to any one or more Schedules: (A) cancel the related Lease, (B) require You to return the Equipment pursuant to Section 13 below, (C) take possession of and/or render the Equipment (Including any software) unusable, and for such purposes You hereby authorize Us and Our designees to enter Your premises, with or without prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (I) all payments and other amounts then due and past due, (II) all remaining payments for the remainder of the then Present Term thereof discounted at a rate of 6% per annum, (iii) the residual value of the Equipment estimated by Us at the Inception of the Lease (as shown in Our books and records), discounted at a rate of 6% per annum, (iv) Time -Value Interest on the amounts specified In clauses 'i','it* and 'if' above from the date of demand to the date paid, and (v) all other amounts that may thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub. clauses T through'v' referred to below as the "Balance Due"), and/or (E) exercise any other remedy available to Us under law. You also agree to reimburse Us on demand for all reasonable expenses of enforcement (including, without limitation, reasonable attomeys' fees and other legal costs) and reasonable expenses of repossessing, holding, preparing for disposition, and disposition ("Remarketing") of Equipment, plus Time -Value Interest on the foregoing amounts from the date of demand to the date paid. In the event We are successful in Remarketing the Equipment. We shall give You a credit against the Balance Due in an amount equal to the present value of the proceeds received and to be recelved from Remarketing minus the above -mentioned costs (the "Net Proceeds"). If the Net Proceeds are less than the Balance Due, You shall be liable for such deficiency. Any delay or failure to enforce Our rights under a Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during a Lease, You agree We may retain and u0lire such money to cure any default by You under any Lease. 13. RETURN OF EQUIPMENT. If You are required to return any Equipment pursuant to the terms hereof, You shall, at Our expense, promptly send the Equipment to a location(s) designated by Us. The Equipment must be received in Good Condition (as defined In Section 7). If the Equipment is not received within 30 days of the date of demand, You agree to continue paying the scheduled payments and all other amounts due pursuant to the related Schedule until it is received by Us. 14. APPLICABLE LAW., VENUE., JURISDICTION. Each Lease shall be deemed to be performed in Bergen County, New Jersey (Our principal place of business and where We will administer Your account). This Lease shall be governed by the laws of the State of New Jersey, but without regard to New Jersey's cholcewf-law laws. All legal actions relating to this Lease shall be filed and adjudicated exclusively In a state or federal court located In Bergen County, New Jersey. You hereby agree not to object to such venue, and You consent to personal jurisdiction In such courts. You and We hereby waive Your and Our respective rights to a trial by jury in any legal action. Each provision hereof shall be Interpreted to the maximum extent possible to be enforceable under applicable law. If any provision is construed to be unenforceable, such provision shall be Ineffective only to the extent of such unenforceability, without Invalidating the remainder hereof. Page 62 Copiers and Managed Print Services - RFP.NP•16-001, NASPO ValuePoinl Master Agreement Terms and Conditions, CMS a 140603 25B-83 ATTACHMENT B, SHARP SERVICE MAINTENANCE AGREEMENT SHARP, SHARP NATIONAL ACCOUNT PROGRAM SNAP FULL SERVICE MAINTENANCE AGREEMENT Sharp Electronics Corporation ("Sharp") agrees with the undersigned customer ("Customer") to provide maintenance service for the Sharp brand equipment and accessories described on the attached Schedule(s) ("Equipment") subject to the terms and conditions set forth on the reverse side hereof. CUSTOMER: SEND INVOICE TO: CustomerName: Address: Address: City: City:_ State: Zip: State: -?JP Person to Contact: Person to Contact: Tel.: Tel Email: AGREED TO BY CUSTOMER BY: PRINTEDNAME: TITLE: DATE: Email: SHARP ELECTRONICS CORPORATION BY: PRINTEDNAME TITLE DATE Page 63 Copiers and Managed Print Services - RFP-NP-18-001, NASPO VaImPoint Master Agreement Terms and Conditions, CMS p 140603 25B-84 1.MAINTENANCE AGREEMENT During the term hereof Sharp will arrange for a designated Sharp Authorized Dealer ("Dealer") or Sharp Business Systems ("SBS") to repair or replace, in accordance with the terms and conditions of this Agreement, any part of the Equipment that causes the Equipment to not perform in accordance with published operating specifications under operating conditions of normal wear and tear. Equipment eligible for coverage under this Agreement, and added under separate schedules from time to time, must be currently under warranty or to be renewed under a current Maintenance Agreement with the Dealer or SBS Equipment that is not under warranty or a renewal of an existing Maintenance Agreement will be subject to inspection and repair to manufacturer operating specifications prior to acceptance under this Agreement. Equipment over five (5) years old may be subject to decline for acceptance under this Agreement or for coverage at additional charge, per the Master Agreement. Replacement parts will be furnished on an exchange basis and will be new, reconditioned or used; all parts removed due to replacement will become the property of the Dealer or SBS. Maintenance services provided by the Dealer or SBS under this Agreement do not include the following: a) Repairs resulting from accident or misuse by the Customer (including without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications). b) Repairs made necessary by service performed by person(s) other than the Dealer or SBS. c) Additional service calls or work that the Customer requests to be performed outside regular business hours. d) Relocation, removal, rebuilding or remanufacturing of the equipment d) Provision or replacement of consumable supplies such as paper, toner, developer or staples (unless included on the front side of this Agreement). 2.12ERFORMANCE OF MAINTENANCE SERVICES Maintenance services as described in Paragraph 1 hereof will be provided at the Customer's place of business where the Equipment is located, indicated on the Schedule attached hereto, Monday through Friday except holidays during the hours 8:00 AM to 5:00 PM. Preventative maintenance for the Equipment will be provided as determined by the Dealer or SBS. Remedial maintenance will be provided after notification by the Customer that the Equipment is inoperative. The response time for an emergency service call should average four (4) hour response time, 96% of the time. Calls for non -emergency situations and some outlying areas will usually be handled the next business day. 3. LIMITATIONS There are no warranties, including the implied warranties of merchantability and fitness for a particular purpose, not specified herein respecting the parts and maintenance services provided under this Agreement. Sharp and its Dealer or SBS shall not be liable for non-performance caused by circumstances beyond its control, including, but not limited to: work stoppages, fire, civil disobedience, riots and acts of God. In no event will Sharp or its Dealer or SBS be liable for any indirect, special or consequential damages arising out of this Agreement or services provided under this Agreement. 4.TERM AND TERMINATION This Agreement will become effective as of the effective date indicated on the face hereof upon acceptance by Sharp and continue in effect for each unit of Equipment until the expiration of the time or copy limit indicated on the face hereof. 5. ASSIGNMENT This Agreement is not assignable. Any attempt to assign or transfer any of the rights, duties or obligations hereof is void. 6. HEADINGS The headings and titles of this Agreement are inserted only for convenience and shall not affect the Page 64 Copiers and Managed Print services - RFP-NP-16-001, NASPO ValuePolnt Master Agreement Terms and Conditions, CMS # 140603 25B-85 interpretation of this Agreement. 7. WAIVER Any failure by either party to require conformity to all provisions hereof shall not be deemed a waiver of future conformity to such provisions. B. GOVERNING LAW This Agreement shall be governed by, and construed according to, the domestic laws of the state in which the Equipment is located. 9. ENTIRE AGREEMENT The foregoing terms and conditions and those contained in the Master Agreement and Participating Addendum, constitute the entire agreement between Sharp and Customer with respect to its subject. This Agreement may be amended only by written instrument executed by both parties. 10. NOTICE Written notice required by this Agreement shall be addressed to the parties at the addresses indicated on the face hereof or such other addresses as either party shall have previously furnished from time to time in writing to the other. Page 65 Coplers and Managed Print Services - RFP-NP-18-001, NASPO Va usPoint Master Agreement Teems and Condltions. CMS # 140803 25B-86 ATTACHMENT C, SHARP SAMPLE MPS STATEMENT OF WORK TEMPLATE SHARP. Purpose The purpose of this "Scope of Work" is to define partnership expectations between Sharp Electronics Corporation and Customer Name. This document explains aspects of the Managed Print Services Agreement and the responsibilities of each party. Technology Provided By SHARP: Remote Fleet Facilities Manager and/or SHARP MICAS Agent Remote Fleet Facilities Manager is a powerful, easy to use tool designed to remotely collect meter reads, automate supplies fulfillment, and report service information for managing fleets of printers, copiers, and multi -function devices. MICAS is a Sharp developed cloud solution used for monitoring and reporting of Sharp MFPs and other printer equipment. Process and Requirements 1. Service Agreement of Covered Printers and MFP Devices: All equipment and only equipment listed on the Schedule A Managed Equipment List is covered under the Customer Care Maintenance Agreement. The equipment is covered for all service, supplies, parts, and repairs as stated on the Customer Care Maintenance Agreement, unless specifically excluded. 2. Implementation Contract implementation is based on customer continuing to maintain function devices with supplies. Sharp Dealer or Branch location will dispatch a technician to inspect devices and tag with and ID number. Any devices needing repairs to function as designed, will be excluded from the contract or will require a billable charge for initial repair. No more than 10% of the fleet toner cartridges should be in a "low toner" alert status — subject to billable charge for toner needs in excess of standard. 3. Toner Ordering / Stocking Toner orders can be placed using the following methods: a. Phone Sharp Business Systems Supply Department at (877) 267-9328 b. Web Portal: http://nc.sharp-sbs.com/Customer-Support c. Email: SBS-NC-Suopliesd)SharoUSA.com d. Auto Toner Replenishment (ATR) Remote Fleet or MICAS will be the method(s) of choice for ATR alerts. ATR Explained: When toner status reaches 7 days to empty, an alert email is sent to SBS-NC- Suppliesnc ShamUSA.com and will trigger an order to be placed by the Sharp Customer Care Center. Toner will be automatically shipped to the customer location on file for this device. Local Devices (connected directly to PC): ATR will not work for local non -networked devices or Standalone (non -connected) devices. Option (a.) Phone, (b.) Web Portal, or (c.) email, will be the only options for local or standalone devices. 4. Service Calls Sharp service is available Monday thru Friday 8:00 AM to 5:00 PM local time (excluding holidays). Customer can initiate service calls using any of the methods listed below. a. Phone:877-267-9328 b. Email: SBS-CAR-Service pnsharpsec.com c. 132B Web Portal —can be used to place service calls, order supplies, provide meters, and check status of service calls. Signup process will be provided once account is setup. Sharp service level response averages less than 4 business hours. First contact may be a help desk call to initiate diagnosis and resolve remotely if possible, then a technician is dispatched as needed. If device cannot be repaired during initial on -site service call, customer may request service loaner. S. Meter Collection Methods a. Remote Monitoring: Remote Fleet or MICAS will be the method(s) of choice for meter collection. Page 66 Coplers and Managed Print Services - RFP-NP-16-001, NASPO ValuePolnt Master Agreement Tems and Conditims, CMS # 140603 25B-87 b. Customer provided meters: Requires customer to collect and transmit meters to Sharp Dealer or Branch Customer Care Team for billing. Frequency determined by contract terms (monthly or quarterly). c. Sharp Managed Print Team Meter Collection: Customers can elect not to utilize Remote Fleet and provide meters to our Customer Care Team. In the rare event Sharp dealer or branch does not receive meters, meters may be estimated or Sharp personnel may be dispatched to collect meters. The charge for this service is a $50 trip fee per location and $6 per meter. 6. Printer Relocation / Removal / Replacement / Additions It is important our customers promptly notify us any time a printer is relocated, retired, or otherwise replaced. This will insure toner supplies and our service personnel are directed to the correct location and retired devices are removed from contract. Additions to the contract are made using a service addendum. Sharp reserves the right to approve new printer additions to the current service contract and define separate cost -per -page rates based on model selection. This contract can be re -written if both parties agree to revised contract base and/or service rates. At no time however, will the rates exceed those listed is the Master Agreement. 7. Customizable Reporting Our goal is to help you manage your print volume and print cost more effectively. At your request or during our scheduled account reviews, we will provide valuable reporting of volumes by device and offer guidance for improved efficiency. 8. Recap of / and additional Customer Requirements: a. Customer will be required to have meter collection software or select another approved meter collection method. b. Machines not capable of reporting toner levels will require customer to initiate toner orders for the ineligible machines and provide meters for billing. c. A Sharp approved toner stock will be held at the customer site for emergencies. d. Customer must allow Sharp dealer or branch to audit toner stock kept at customer's location. e. A shipping location and contact is required for each machine. f. Customer must notify the Sharp Customer Care Center and report any supplies that were changed before the end of life notification. The supply must be held for Sharp Dealer of Branch pickup. g. All Printers of a like model or that use like toner must be on the agreement. 9. Flat Rate or Monthly Base Billing for Local Printers within an MPS Contract: Remote location printers or other location without sufficient monthly volume to support service agreement may require a monthly minimum service base. Acceptance of the Statement of Work Signature below (or issuance of a purchase order referencing this Statement of Work) indicates the Customer's acceptance of this Statement of Work as well as the Terms and Conditions. Account Name: Signature: Name (print): Title: Date: Page 67 Copiers and Managed Pdnt Services - RFP.NP-164001: NASPO VeluePo nl Master Agreement Tenns and Conditions, CMS p 140603 25B-88 Acceptance of the Completed Work Signature below indicates the Customer's acceptance of the work as described in this Statement of Work, that all equipment has been delivered and installed, as well as the Terms and Conditions. Account Name Signature Name (print). Title. Date Page 68 Copiers and Managed Print services -RFP-NP-le41ol, NASPO ValwPoint Master Agreement Tens and Condldons, CMS # 14M3 25B-89 ATTACHMENT D, KAYLEIGH EULA i Kayleigh_EULA.pt Page 69 Coplers and Managed Print Servkes - RFP-NP-18-001, NASPO ValuePoinl Master Agreement Terms and Conditions, CMS # 140603 25B-90 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE AGREEMENT WITH IDS GROUP TO PREPARE LIGHTING SYSTEM DESIGN ALONG THE CIVIC CENTER AREA PERIMETER IN AN AMOUNT NOT TO EXCEED $186,000 FOR A THREE-YEAR TERM (NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with IDS Group to provide professional engineering services to design the lighting system along the perimeter of the Civic Center area, in the amount of $172,592 plus an eight percent contingency of $13,408, for a total amount not to exceed $186,000, for a three-year term beginning September 1, 2020 and expiring August 31, 2023, with an option for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 25, 2020, the Public Works Agency issued Request for Proposals (RFP) 20-026 seeking lighting design for the perimeter of the Civic Center area bounded by West Civic Center Drive, North Broadway, West Santa Ana Boulevard, and North Flower Street, including Ross Street (Exhibit 1). The scope of work includes the preparation of plans and specifications, development of cost estimates, and an analysis to replace the existing lighting system with new energy efficient LED lights. This information will be used to prepare bid documents in the future. The RFP was advertised on the City's online bid management and publication system, with bids due on March 17, 2020. Forty-one consultants downloaded the project documents. Two proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: NAME OF FIRM RANKING IDS Group PBS Engineers, Inc. In accordance with the RFP, staff recommends awarding an agreement to IDS Group (Exhibit 2). Their proposal demonstrated a high degree of technical competence and experience performing 25C-1 Agreement with IDS Group for Civic Center lighting system design September 1, 2020 Page 2 similar services. The proposal contains 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 Funding in the amount of $186,000 is available in the City Council -approved Fiscal Year 2019-20 Capital Improvement Program (Project No. 20-2711). The funds will be carried forward from FY 2019-20 to FY 2020-21 for the estimated expenditure plan shown below: Fiscal Year Accounting Unit Fund Accounting Unit - Amount - Account No. Description Account No. Description Civic Center Civic Center Capital FY 2020-21 07413260-66220 Maintenance Project, Improvements $172,592 Other Than Building Civic Center Civic Center Capital FY 2021-22 07413260-66220 Maintenance Project, Improvements $13,408 Other Than Building TOTAL EXPENDITURES: $186,000 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 Lisa Rudloff, Executive Director— Parks, Recreation & Community Services Agency Exhibits: 1. Project Location 2. Agreement with IDS Group 25C-2 25C-3 EXHIBIT 2 AGREEMENT TO PROVIDE DESIGN SERVICES FOR CIVIC CENTER PERIMETER ELECTRICAL LIGHTING THIS AGREEMENT is made and entered into this 1st day of September, 2020 by and between IDS 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. On February 25, 2020, the City issued Request for Proposal No. 20-026, by which it sought a qualified consultant to provide design services for the Civic Center perimeter electrical lighting. 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. 20-026. 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. 20-026 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 C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $186,000. This sum is comprised of (1) the base amount of $172,592 and (2) a contingency in the amount of $13,408 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 2 -4 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or 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. 2` 8 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. <t% 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 priorto notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 2 -I 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: IDS Group, Inc. 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 Attn: Said Hilmy, Principal 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-DISCRIA/HNATION 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. 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:_ W 7g,-f J n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Sri i%Ll/ f� Name: Said Hilmy Title: President 215v%.:=f1 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ELECTRICAL LIGHTING DESIGN SERVICES FOR CIVIC CENTER PERIMETER LIGHTING RFP NO.: 20-026 Introduction and BackEround: The existing lighting systems to be replaced by this project are approximately 50 years old with replacement parts that have become increasingly challenging to procure. Currently, the lights around the perimeter consists of various lighting fixtures ranging from "globe" to Double King to Edison street light attached to power poles. Furthermore, the current lighting system does not provide full light coverage on both sides of the streets. The City desires to install new energy efficient LED fixtures that will provide improved illumination as well as the Civic Center Super Block signature look. A layout of existing lights around the perimeter is included in Appendix 4. The City is accepting proposals from experienced sums to provide their professional engineering expertise with experience and deep understanding of modem day lighting for the civic center. The scope of work shall include the preparation of construction plans, specifications, and cost estimates (PS&E) with the following conditions, including, but not limited to: • Lights for the perimeter shall be analyzed on both sides of the street • All existing light pole fixtures shall be removed and filled or repaired to match adjacent surface, except for active power poles • Lights for the Civic Center Super Block shall be different from the rest of Santa Ana downtown light theme, which are currently Double King light standards. • Design for sustainability, needs, and budget. Consultant Responsibilities: The Consultant's responsibilities include the following: Task 1: Project Coordination The Consultant shall be fully responsible for the overall management and coordination for the project, which may include, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress report and schedule, securing permits for all field studies and any other required permits from other agencies. Task 2: Preliminary Engineering Preliminary Engineering shall include Kick-off meeting with City Staff to discuss scope of work, project required tasks and objectives, potential elements and issues, and schedule. Preliminary Engineering will also include field work and subsequent meetings with City staff as required for preparation of site plans. City of 2Acqa12 20-026 Al-1 Project required tasks include, but may not be limited to: • Analyze the existing light inventory around the perimeter. • Identify the locations where all of the above ground equipment and light standards will be installed. • Identify where all the underground utilities are located to eliminate field conflicts. • Make recommendations of light product options and their rough probable costs for City's consideration and selection. • Analyze the design options, so that City may be able to replace/install the lights in phases if necessary. • Coordinate with City and County of Orange to ensure lights are placed at the desire locations to better serve the Civic Center Super Block. • Coordinate with Southern California Edison on lights attached to power poles, power source, meter(s), etc. Task 3: Design Development (30% plans) Design development will involve the development of electrical system improvements for the Civic Center perimeter lighting as outlined in the preliminary engineering phase to address project required tasks and shall include preliminary electrical engineering plans and cost estimate. Electrical design tasks shall include, but may not be limited to: • Title Sheet (City provide template) • Electrical & Lighting plans • Photometric • Panel schedules • Single line diagrams • Details and notes • Structural Calculations and details for lighting pole base foundations as required • Preliminary Cost Estimation Task 4: Construction Documents (65%, 95%, and 100% plans) Construction Documents shall include finalizing Design Development plans, obtaining plan check approvals and securing permitting. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bid advertisement and construction. Consultant shall also provide updated cost estimate which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Project required tasks shall include, but may not be limited to: • Updated Cost Estimate shall be provided. Project phasing may need to be considered and Contract Documents may need to be structured accordingly pending available construction funding. • Review sets shall be provided in .pdf format. • Final plans shall be provided in Microstation CADD format and .pdf format. • Quantity calculations shall be provided for items that are applicable to this project, and prepare and provide cost estimates at milestone stages. • A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion in Bid Proposal and Defmition of Bid Items of City Boiler Plate. • All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by the Consultant's City of �A14P�7 20-026 State of California Registered Professional Engineer in the field of Electrical Engineering responsible for the project. Coordinate plan check with the City of Santa Ana and other agencies including but not limited to City of Santa Ana Public Works Design and Parks Recreation & Community Services Division. Task 5: Bid Advertisement, Construction Administration, Record Drawings: Ifrequested, Consultant shall provide support during bid advertisement and construction, and provide record drawings as described below. Bid Advertisement: If requested, Consultant shall: • Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. • Review addenda. • Attend pre -bid meeting. Construction Support: All construction support work shall be at the request ofand coordinated by the City of Santa Ana. As requested, Consultant shall: • Attend the pre -construction meeting. • Review and approve submittals, as requested. If requested, Consultant shall complete submittal reviews within 48 hours of receipt. • Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. • Be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. • Furnish, at the consultant's sole cost and expense, all necessary drawings for corrections and change orders required by errors and omissions of the Consultant. Electronic files for the change orders shall be submitted to the city for duplication and distribution. Record Drawings / As -Built Plans: • Upon completion of construction, the record drawings kept by the General Contractor shall be turned over to the Consultant for preparation of "as -built" plans. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, an electronic file shall be submitted to the City in Micro Station CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site. City of a.JF4 20-026 Al-3 Fee Proposal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Project Coordination Task 2: Pre -Design Task 3: Design Development Task 4: Construction Documents Task 5: a) Bid Advertisement; b) Construction Support; c) Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total for each project. General Requirements: • The Consultant has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared and shall check all such materials accordingly. The plans will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the city do NOT include detailed review or checking of design or the accuracy with which such designs are depicted on the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. • Consultant or its subconsultants shall not incorporate in the design any materials or equipment of single or sole source origin without written approval of the City. • The plans, specifications, estimates, calculations, and other documents furnished under the Agreement shall be of a quality acceptable to the City and State. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, dated, and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by the City Boiler Plate. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The Quality control plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. City Responsibilities The City will be responsible for the following items: • Providing electronic topographic site plans as shown in Appendix, Attachment 4 • Furnishing electronic design file with City title block and title sheet (24" x 36") • Providing standard City boilerplate specification • Providing support with the coordination between City and County of Orange. • Acting as a liaison with the appropriate decision making bodies, as necessary • Providing standard invoice template City of a 4W 20-026 4C9A1-4 • Reviewing and commenting on the PS&E package within four (4) weeks of receipt of each completed milestone PS&E package Consultant is responsible to review any documents provided by the City. Payment and Invoicing: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. The following are additional requirements: • All invoices must include the NTP issued by the City and signed by an authorized staff consultant. • The date of the invoice is the date submitted to the City after the review for format or edits. • Each invoice must include the NTP amount, NTP invoice to date, percent of NTP completed, percentage of the task completed, and the balance of NTP. (Note: invoice will be returned if percent of NTP completed is greater than percent of task completed) • Each invoice must include the balance of the Total Agreement amount Proposa Electrical Lighting Design Services for .. Civic Center Perimeter Lighting RFP No. 20-026 March 17, 2020 ..1 WWI J . eI I PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Contents Section 1: Statement of Qualifications a. Cover Letter b. Contract Agreement Statement........................................................................1 c. Firm and Team Experience...............................................................................1 IDS' In-house Capabilities..........................................................................................................1 Technical and Design Experience of Key Personnel.................................................................3 Su bco ns u Ita nts........................................................................................................................... 3 Key Personnel Resumes............................................................................................................3 ProjectTeam..............................................................................................................................3 OrganizationalChart..................................................................................................................4 StaffAvailability..........................................................................................................................4 d. Understanding of Need.....................................................................................5 ProjectUnderstanding................................................................................................................5 ProjectApproach........................................................................................................................6 Task 1: Project Coordination.......................................................................................................6 Task 2: Preliminary Engineering................................................................................................6 Task 3: Design Development (30% plans).................................................................................6 Task 4: Construction Documents (65%, 95%, and 100% plans)................................................7 Task 5: Bid Advertisement, Construction Administration, Record Drawings: ............................. 8 CityResponsibilities..................................................................................................................8 e. Relevant Experience.........................................................................................9 f. References.....................................................................................................13 Section 2: Scope of Services and Schedule......................................................14 Scope -of -Services and Project Schedule............................................................14 Section 3: Fee Proposal.....................................................................................15 Section 4: Certifications.....................................................................................16 AppendixA.........................................................................................................17 �A- IDS GROUP Page i 25C-18 Statement of Qualifications a. Cover Letter b. Contract Agreement Statement c. Firm and Team Experience d. Understanding of Need e. Relevant Project Experience f. References AA IDS GROUP -, IDS GROUP March 17. 2020 City of Santa Ana Mr. Kenny Nguyen, Project Manager Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 SUBJECT: Section 1: Statement of Qualifications a. Cover Letter Proposal for Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No. 20-026 Dear Mr. Nguyen and Members of the Selection Committee: IDS Group, Inc. (IDS) understands that the City of Santa Ana (City) is seeking a professional engineering firm to provide complete Plans, Specifications, and Cost Estimate (PS&E) for new street lights around the perimeter of Civic Center "Superblock" which is bound by Civic Center Drive, Broadway, Santa Ana Boulevard, and Flower Street. The City would like to replace the existing outdated lighting system with an energy efficient system that improves illumination as well as the overall look of the "Superblock". The following are highlights of our team strengths: • Since 1998, IDS has completed numerous engineering projects involving: streets, parks, walking/biking trails, libraries, fire stations, court facilities, baseball fields, parking lots, gymnasiums, and other public use facilities. • Each member of our team has considerable experience with the design and construction of recreation facilities. We are familiar with the procedures, standards, codes, and processes from first-hand experience both as prime design professionals and as sub consultants. • Our in-house infrastructure allows us to remain flexible when scheduling staff resources in the areas of electrical and civil engineering; as well as cost estimating to offer timely, efficient, and effective solutions to project challenges. On behalf of the IDS team, we look forward to working with the City, applying our technical experience, management principles, and problem -solving skills to provide you with quality and responsive services necessary to complete this contract within schedule and budget. IDS' Principal, Mr. Said Hilmy, PhD, SE, will contractually bind the firm regarding matters pertaining to this proposal and is authorized to bind the company and negotiate the contract on behalf of the organization. Our MEP Principal, Mr. Rob O'Neil, will be City's point -of -contact and can be contacted for all clarifications. Please do not hesitate to call Rob at 949.387-8500 ext. 425 or by email at rob.oneil@idsgi.com should you have any questions. Thank you for your consideration. Sincerely, IDS p, Inc. Robi b) O'Neil, PE MEP Principal i�Ph�, LEED AP Principal/ Contract Administrator 1 Peters Canyon Road, Suite 130, Irvine California 926 d_LQA9.387.8500 ♦ F: 949.387.0800 ♦ vwwv.idsgi.conn PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 b. Contract Agreement Statement IDS Group hereby acknowledges that we have reviewed and take no exception to the terms and conditions, including insurance coverage, as set forth in RFP No. 20-026 1 Electrical Lighting Design Services for Civic Center Perimeter Lighting I Attachment 2. c. Firm and Team Experience Founded in 1998, IDS is a leading engineering and architectural consulting firm with an integrated offering of in-house electrical, mechanical, plumbing, structural, and civil engineering as well as architecture and cost estimating services. IDS incorporates sustainable, energy -efficient, and environmentally conscious designs as a significant component of each project. We are recognized for our use of water -efficient plant materials, recycled materials, and water -efficient irrigation systems. IDS is a member of the Green Building Council, on design teams for LEED-certified building projects, and employs numerous full-time LEED Accredited Professionals. Our experience has led us to develop a proven approach centered on an "assembly line" methodology with highly specialized professionals who are experts in their fields. IDS' In-house Capabilities Electrical Engineering: Our electrical engineering division has extensive experience in a wide variety of projects and in the preparation of engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for electrical code compliance, conducting electrical power consumption studies and field investigations, and providing construction cost estimates, concept studies and reports, and post -construction support for electrical engineering projects. Mechanical I Plumbing Engineering: Our mechanical plumbing engineering division is comprised of professional engineers and designers who are experts in the fields of heating, ventilating, air conditioning, plumbing, piping, and fire protection. We have provided design services for HVAC, plumbing, and fire protection systems for countless public projects and facilities. These projects encompass new construction, retrofit, modernization, and expansions of facilities. Civil Engineering: IDS provides a wide array of expertise and experience in civil engineering, specializing in providing civil engineering design, planning and entitlement, surveying and mapping, construction survey, LEED, sustainable design, construction administration, and traffic engineering services to public agencies, owners, and developers of retail, commercial, office, industrial, institutional, and residential projects throughout the United States. v IDS GROUP Page 1 25C-21 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Structural Engineering: Our structural engineering division is a recognized leader in the design, assessment, review, and retrofit of buildings and parking structures. The depth of our work includes the design of new buildings utilizing steel, concrete, masonry, and wood, the assessment and retrofit of numerous buildings of all sizes, the evaluation and repair of distressed structures, peer and plan review, constructability review, and forensic engineering. Our structural engineering services consist of the following: Structural and seismic assessment, Seismic risk mitigation and retrofit, Structural design services, Structural engineering evaluation and structural modifications. Architecture: IDS provides architecture design, planning, project management and renovation services to public and private clients throughout California. As a full -service architectural firm, IDS is experienced in all phases of architecture from pre -design though project closeout. In addition, our architectural services involve ADA compliance studies and design, building assessments, alterations, and modifications, accessibility studies, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities, and new design. Project experience of IDS staff encompasses a variety of building type. Cost Estimating: Our in-house cost estimator is experienced in supporting both new construction and complex renovation projects, and possess extensive knowledge of a variety of tenant improvement types. Utilizing the latest in cost control methods, IDS ensures clients' projects are well planned and expertly executed. In the delivery of its cost services, IDS provides reliable, accurate estimates while meeting its client's most critical deadlines. Design and Production Ability (CAD I BIM): IDS is at the forefront of computer aided design and data management, including Building Information Modeling (BIM). The scale and magnitude of many of our projects requires that we outfit our staff with state-of-the-art computer hardware and the best available software for performing the most advanced analysis and design. Our computer software library includes, but not limited to, the latest versions of architectural, structural, mechanical/plumbing, and electrical analysis and design programs. Dedication to Sustainable Engineering: IDS Group values the opportunity to remain at the forefront of "green technology." We combine sustainable, energy -efficient, and environmentally conscious designs as a significant component of each project. Our mission is to integrate energy -saving systems and equipment that will improve the building performance while ensuring occupancy comfort to reduce the consumption natural resources and reduce environmental degradation. IDS has been recognized by Energy Users News for excellence and innovation in energy and building management. AA I DS GROUP Page 2 25C-22 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Technical and Design Experience of Key Personnel • Our proposed Associate/Principal-in-Charge is Rob O'Neil, PE, a Senior Principal with IDS Group bringing 30+ years of experience in the fields of commercial, municipal lighting and utility infrastructure. Mr. O'Neil will ensure the City's requirements for responsiveness and quality are consistently met throughout the duration of this project. • IDS' Project Manager, Michael Reed has extensive experience in a variety of lighting projects with a specialty niche in street and trail lighting. His experience includes the preparation of engineering studies, analyses, plan reviews, preparation of drawings and specifications for new construction projects; construction cost estimates; field investigations; concept studies; reports and post - construction support for electrical engineering projects incorporating sustainable building concepts. Other key team members include • Peter Gambino, PE, PLA, our Survey/Mapping Manager has a broad background in Civil Engineering, Land Surveying, and Public Works and currently serves as the IDS Manager of our mapping and survey department. In this capacity, he is responsible for managing the activities of field survey crews as well as the office production of topographic and subdivision maps, legal descriptions and plats. Peter has surveyed hundreds of project sites throughout his career including numerous Military Bases, Public Facilities, Hospitals, and other. Peter is also licensed as a Civil Engineer which gives him the unique ability to bridge the survey and engineering disciplines thus ensuring project success. • Jaime Rosenbach, MS, SE, IDS' Senior Structural Engineer, with more than 32 years of experience, has been involved in the design of newstructures, evaluation and retrofit of existing structures, remodel and modernization of existing buildings, and has conducted and reported numerous forensic seismic investigations. • IDS' Cost Estimator, Mr. Dakhil, BSCE, MSCE, has over 30 years of pre -construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. Subconsultants All services can be performed in-house; therefore, IDS does not anticipated utilizing any subconsultants for this contract. Key Personnel Resumes Full resumes of key personnel proposed to work on this project are provided Attachment A of this proposal. Project Team Our seasoned group of professionals, listed on the organization chart located on the following page, has worked independently or teamed on projects with similar scopes of work. Our expertise and project team is well suited for this project and has proven success providing electrical lighting design services to the City of Santa Ana. AALI DS GROUP Page 3 25C-23 PROPOSAL Organizational Chart +_ � A © Rob O'Neil, PE If -, Staff Availability Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 ®= Key Personnel IIIII'. Michael Reed Said Hilmy, PhD, SE, LEED AP The following is an estimate of the availability of our key personnel during the duration of this project. The percentages of key staff availability shown are projected based on anticipated workload. These percentages represent the average time available for a team member. Actual time may vary depending on the project specifics. Personnel Availability Personnel Availability Said Hilmy, PhD, SE, LEED AP 15% Ramin Arabpour 60% Rob O'Neil 30% Michael Reed 50% Hassan Assaf, PE, RCDD 40% Bob Kramer 50% Jaime Rosenbach, MS, SE 40% Peter Gambino, PE, PLS 35% Faisal Dakhil, BSCE, MSCE 40% �� I DS GROUP Page 4 25C-24 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting RFP No.20-026 d. Understanding of Need Project Understanding The City desires to replace the more than 50-year-old existing lighting system with a new energy efficient LED lighting system that will provide improved illumination as well as the Civic Center Super Block signature look. The City has maintained the existing system by replacing components to continue operation, however, replacement parts are becoming increasingly challenging to procure. Currently, the lights around the perimeter consists of various lighting fixtures ranging from "globe" to cobra head style Edison streetlights attached to power poles. Furthermore, the current lighting system does not provide full light coverage on both sides of the streets. Summary of the scope of work: • The new lighting system shall be located along the perimeter of the Civic Center Super Block (attached project scope map) to include an analysis for lighting on both sides of the street • All existing light pole fixtures shall be removed and filled or repaired to match adjacent surface, except for active power poles • Lighting for the Civic Center Super Block shall be a unique design, separate from the rest of Santa Ana downtown lighting theme, which are currently Double King Luminaire light standards. • The new lighting system shall be designed for energy efficiency, aesthetics, maintenance and budget. u IDS GROUP Page 5 25C-25 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Project Approach Our mission at IDS is to deliver a quality project to our clients. To achieve this goal, a carefully thought out plan, in which both client and IDS agree on the project scope and an approach that will result in a successful project. The following is a step by step approach that was outlined in the City of Santa Ana's RFP and that IDS has implemented on many successful projects as well: Task 1: Project Coordination IDS shall be fully responsible forthe overall management and coordination forthe project, which may include, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. IDS will prepare progress reports and schedules, secure permits for all field studies and any other required permits from applicable agencies. Task 2: Preliminary Engineering Streetlight along Santa Ana Boulevard — Typical style around perimeter Preliminary Engineering shall include Kick-off meeting with City Staff to discuss scope of work, project required tasks and objectives, potential elements and issues, and schedule. Preliminary Engineering will also include field work and subsequent meetings with City staff as required for preparation of site plans. Project required tasks include, but may not be limited to: • Analyze, survey and map the existing light inventory around the perimeter. • Identify and map the locations where all of the above ground equipment and light standards will be installed. • Identify where all the underground utilities are located within the project scope to eliminate field conflicts. • Make recommendations of light product options and their rough probable costs for City's consideration and selection. • Analyze the design options, so that City may be able to replace/install the lights in phases if necessary. • Coordinate with City and County of Orange to ensure lights are placed at the desire locations to better serve the Civic Center Super Block. Pedestrian scale lighting pole with streetlight pole along Broadway • Coordinate with Southern California Edison on lights attached to power poles, power source, meter(s), etc. Task 3: Design Development (30% plans) Design development will involve the development of electrical system improvements for the Civic Center perimeter lighting as outlined in the preliminary engineering phase to address project required tasks and shall include preliminary electrical engineering plans and cost estimate. AA IDS GROUP Page s 25C-26 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Electrical design tasks shall include, but may not be limited to: • Title Sheet (City provide template) • Electrical & Lighting plans • Photometric studies — Lighting design shall be in compliance with City criteria stated in RFP of 3 FC (Max, Average or Min level to be determined at project kick off) with a 4:1 Average to Min Ratio • Panel schedules and preliminary load studies • Single line diagrams • Details and notes • Structural Calculations and details for lighting pole base foundations as required • Surveying, mapping and identifying existing underground utilities within project scope that may conflict with new installation. Coordinate with conflicting utility purveyors. • Preliminary Cost Estimation Historic Style Streetlight along Broadway Task 4: Construction Documents (65%, 95%, and 100% plans) Construction Documents shall include finalizing Design Development plans, obtaining plan check approvals and securing permitting. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bid advertisement and construction. Provide updated cost estimate which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Project required tasks shall include, but may not be limited to: • Updated Cost Estimate. Project phasing may need to be considered and Contract Documents may need to be structured accordingly pending available construction funding. • Review sets shall be provided in .pdf format. • Final plans shall be provided in Microstation CADD format and .pdf format. • Quantity calculations shall be provided for items that are applicable to this project. Prepare and provide cost estimates at milestone stages. • A list of contract pay items with the descriptions and estimated Cobra Head Style Streetlight along Civic Center quantities shall be provided for inclusion in Bid Proposal and Definition of Bid Items of City Boiler Plate. • All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by the Consultant's State of California Registered Professional Engineer in the field of Electrical Engineering responsible for the project. • Coordinate plan check approvals with the City of Santa Ana and other agencies including but not limited to City of Santa Ana Public Works Design and Parks Recreation & Community Services Division. �� I DS GROUP Page 7 25C-27 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Task 5: Bid Advertisement, Construction Administration, Record Drawings: If requested, IDS shall provide support during bid advertisement and construction, and provide record drawings as described below. Bid Advertisement: If requested, IDS shall: • Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. • Review addenda. • Attend pre -bid meeting. Construction Support: All construction support work shall be at the request of and coordinated by the City of Santa Ana. As requested, IDS shall: • Attend the pre -construction meeting. • Review and approve submittals, as requested. If requested, IDS shall complete submittal reviews within 48 hours of receipt. • Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. • Be available as requested by the City to resolve discrepancies in the contract documents. IDS shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. IDS shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. • Furnish, at IDS's sole cost and expense, all necessary drawings for corrections and change orders required by errors and omissions of IDS. Electronic files for the change orders shall be submitted to the city for duplication and distribution. Record Drawings / As -Built Plans: Upon completion of construction, the record drawings kept by the General Contractor shall be turned over to IDS for preparation of "as -built" plans. IDS shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, an electronic file shall be submitted to the City in MicroStation CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site. City Responsibilities The City will be responsible for the following items: • Providing electronic topographic site plans as shown in Appendix, Attachment 4 of the RFP • Furnishing electronic design file with City title block and title sheet (24" x 36") • Providing standard City boilerplate specification • Providing support with the coordination between City and County of Orange. • Acting as a liaison with the appropriate decision making bodies, as necessary • Providing standard invoice template • Reviewing and commenting on the PS&E package within four (4) weeks of receipt of each completed milestone PS&E package �� I DS GROUP Page 8 25C-28 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting RFP No.20-026 e. Relevant Experience #1pedCp1_ 1_Um nanev ---------------- bW t." b" b bfY t.? bxb t a ti.— • __...............*0&L 1I.V AA3—tJES_ ].89 )19-I.W --I I ••••.. .•••••• b.1a b.a] 1.a3 1_ta 1.Ts 1.W %,% bw b.ae b.5i bAT b ^AIDSGRoup e............... Ax^ SL t9 h . %b �at—t8 �m--tt tuu �. _._.......-.____ b00 b-)3 b.6d bw b15 b,M $" bla b. _.............— b75 'hm +073 b7t be3 IiW bse baa ttn $N ban 'h b.as Sat base. 'OR SU bs5 b.az 091 b.sa b. risrdaiemwn seieet whane pe b.w t.w $kaa b.]r b.3a b$a 'DOS i.av AM *ia$ i. $1c$ � tQ5 +,,,e t VICTORVILLE OLD TOWN STREET LIGHTING DESIGN I Victorville, CA IDS was retained as the electrical engineer and lighting designer to provide design solutions to completely upgrade Victorville's Old Town antiquated and inadequately illuminated lighting system. The project would focus on enhancing the overall downtown theme, improve safety and provide a system that is energy efficient, cost effective and that would be easily maintained. Several street lighting design options were presented to the City. The final design included only two options: 1) Provide all decorative poles and luminaires; 2) Provide combination cobra head style and decorative to reduce initial costs. Banner arms and themed medallions integrated at key lighting poles were considered along with pedestrian scale poles and luminaires to provide a safer and more pleasant nighttime feel. Our lighting designers prepared multiple photometric studies with options for single side, double side, staggered and opposite spacing all presented with point by point analysis and 3D graphics. IDS assisted the City engineering staff at a City Council town hall meeting presenting best options. JOHN WAYNE AIRPORT, LANDSIDE EXTERIOR LIGHTING ENHANCEMENTS I Santa Ana, CA JWA experienced deteriorating light poles for the landside arrival and departure roadway and pedestrian lighting area, which required structural and LED illumination improvements. IDS coordinated all efforts for improved lighting specifications to comply with Illumination Engineering Society's 'Outdoor Lighting for Airport Environments #IES RP-37-15 as applicable for the project scope of work under JWA and FAA approvals and direction. Project Relevance 0 Lighting design 0 Perimeter lighting 0 Electrical Engineering 0 Civil Engineering 0 Structural Engineering 0 Cost Estimation Client Contact: Mr. Brian Gengler, City Engineer City of Victorville 949.252.6098 been eler aavictorvi lle.ca.eov Dates of Performance 01/2019 — 09/2019 Project Relevance 0 Lighting design 0 Perimeter lighting 0 Electrical Engineering 0 Civil Engineering 0 Structural Engineering 0 Cost Estimation Client Contact: Mr. Kory Harm, Project Manager John Wayne Airport 949.252.6098 Khariri@ocair.com Dates of Performance: 08/2017 — 8/2019 �� I DS GROUP Page 9 25C-29 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting RFP No.20-026 Y ;t 3t 1 1 4 \ U 6 - . �I l AR£EI'lL'CPIXAY I i1 Landside lighting improvements included 120 new LED light poles and light fixtures for entire perimeter roadway system for arrival and departure pedestrian entrances and exits; new light poles and light fixture for taxi and shuttle service areas; disconnect and remove existing So California Edison meter pedestal; new conduit, conductors, circuit, and lighting controls for roadway lighting; structural anchoring and foundations for all new light poles. CITY OF SANTA ANA, ELECTRICAL LIGHTING DESIGN FOR 3 PARKS I Santa Ana, CA IDS provided engineering design services for plans, specifications and cost estimating (PS&E) for the new electrical and security lighting systems Pacific Electric Bike Trail, Saddleback View Park, and Morrison Park. IDS conducted site visits, utility location and coordination with Southern California Edison. Construction documents were submitted at 85% and 100% along with updated cost estimates which reflected finalized plans, materials, systems, details of construction, and any known or anticipated changes to the project. IDS provided construction administration support which included responses to Request for Information, periodic field reviews, and drawings for corrections and change orders. Upon completion of construction, IDS prepared the "as -built' plans incorporating all changes to the plans electronically with all necessary revision notations. Project Relevance 0 Lighting design 0 Perimeter lighting 0 Electrical Engineering 0 Civil Engineering 0 Structural Engineering 0 Cost Estimation Client Contact: Mr. Kenny Nguyen, Sr. Civil Engineer City of Santa Ana 714.647.5632 kneuven cDsanta-ana.ore Dates of Performance: 1/2019 — 9/2019 AALI DS GROUP 25C-30 Page 10 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting RFP No.20-026 i r CITY OF SANTA CLARITA - VISTA CANYON STREET LIGHTING I Santa Clarita, CA Project Relevance 0 Lighting design 0 Perimeter lighting 0 Electrical Engineering 0 Civil Engineering 0 Structural Engineering 0 Cost Estimation Client Contact: DeeDee Arens, Project Manager BJ Palmer & Associates, Inc. 661-294-1400 darensraD bi-Dal mer.com Dates of Performance 12/2016 — 6/2015 Project scope consisted of approximately 1 % miles of municipal roadway for a new subdivision within the City of Santa Clarita. IDS Electrical Engineers provided design and construction documents that included photometric analysis, lighting fixture and pole specifications in compliance with City of Santa Clarita standards and specifications, coordination with Edison for meter pedestal point of connection Project Relevance 0 Lighting design 0 Perimeter lighting 0 Electrical Engineering 0 Civil Engineering 0 Structural Engineering 0 Cost Estimation Client Contact: Dave Kinder, Assistant Project Manager BJ Palmer &Associates, Inc. 951-699-510 DKi nder(@ bi-Dalmer.com Dates of Performance 4/2016 — 3/2015 CITY OF DOWNEY - CENTERPOINTE TRACT #73340 LS-3 STREET LIGHTING I Downey, CA IDS Electrical Engineers were retained to provide design and construction documents for the street lighting upgrade project along the south side of Paramount Boulevard including new street lighting on 5th Street and Parrot Avenue. All new lighting fixtures utilized the latest technology LED light source. Scope included lighting photometric study, coordination with City standards and specifications and liaison with SCE for electrical meter pedestal point of connection. AALI DS GROUP 25C-31 Page 11 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting `-' RFP No. 20-026 CITY OF PALMDALE - PACIFIC CREEKSIDE TRACT 54058, PACIFIC SAGE II TRACT 46755 & 60162 1 Palmdale, CA IDS Electrical Engineers were retained by Pacific Communities Builders to provide electrical engineering and design construction documents for three Project Relevance 0 Lighting design subdivision tracts in the city of Palmdale. Design scope included photometric p Perimeter lighting analysis that incorporated IES illumination standards for roadway illumination, 0 Electrical Engineering electrical circuiting, load calculations and coordination with SCE for electrical 0 Civil Engineering meter pedestal point of connections. 0 Structural Engineering 0 Cost Estimation Client Contact: Corinna Ocampo, PE, LEED®AP, I Director of Engineering Pacific Communities Builder, Inc. ______ 949.660.8988x172 Corinna@pcbinc.com Dates of Performance: a 8/2019-11/2019 e: 0 N a aA x,Y �\Y`1 * SAT! AAA �I :.W! RII•S} ],®! 11li! 4 1.000 p x e ?.%•Y T•WO Y IIII A! f TIIL 1 }pp 9F F.YI i 4 ❑p a aaaaaa/ as s -- — a" 4 16 1_ awu ��w Syr rrw-_."'�'.s L ��aw moww ayg,�r ~ :wbl t •xa•L. •aYn Ll9liT9iNmMDTw?7MECETAL 1 m 12 1 AALI DS GROUP 25C-32 Page 12 PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 f. References City of Victorville, Victorville Old Town Street Lighting Design I Victorville, CA IDS provided electrical engineering and lighting design to upgrade Victorville's Old Town antiquated and inadequately illuminated lighting system Mr. Brian Gengler, City Engineer 949.252.6098 • bgengler(cDvictorville.ca.gov John Wayne Airport, Landside Exterior Lighting Enhancements I Santa Ana, CA IDS provided engineering services for the Landside lighting improvements included 120 new LED light poles and light fixtures for entire perimeter roadway system for arrival and departure pedestrian entrances and exits; new light poles and light fixture for taxi and shuttle service area. Mr. Kory Hariri, Project Manager 949.252.6098 • Khariri(cDocair.com City of Santa Clarita — Vista Canyon Street Lighting I Santa Clarita, CA Project scope consisted of approximately 1 % miles of municipal roadway for a new subdivision within the City of Santa Clarita. IDS Electrical Engineers provided design and construction documents that included photometric analysis, lighting fixture and pole specifications in compliance with City of Santa Clarita standards and specifications, coordination with Edison for meter pedestal point of connection DeeDee Arens, Project Manager 661-294-1400 • darens(cDbi-palmer.com City of Downey — Centerpointe Tract #73340 LS-3 Street Lighting I Downey, CA IDS provided design and construction documents for the street lighting upgrade project along the south side of Paramount Boulevard including newstreet lighting on 5th Street and Parrot Avenue. Scope included lighting photometric study, coordination with City standards and specifications and liaison with SCE for electrical meter pedestal point of connection. Dave Kinder, Assistant Project Manager 951-699-8100 • DKinder(cDbi-palmer.com AALI DS GROUP 25C-33 Page 13 Scope of Services and Schedule A* IDS GROUP PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Li hting RFP No.20-026 Section 2: Scope of Services and Schedule Scope -of -Services and Project Schedule IDS Group City of Santa Ana Civic Center Perimeter Lighting Project Schedule Task Start End Duration Project Award 5/5/2020 1 Day Task 1: Project Coordination 5/11/2020 Task 2: Preliminary Engineering NTP & Project Kick Off 5/11/2020 5/11/2020 1 Day Field Reviews 5/13/2020 5/27/2020 2 Weeks Preliminary Analysis 5/11/2020 6/12/2020 4 Weeks PS&E City Review 6/15/2020 7/13/2020 4 Weeks Task 3: Design Development (30%) 7/13/2020 8/10/2020 4 Weeks PS&E City Review 8/10/2020 9/7/2020 4 Weeks Task 4: Construction Docs (65%, 95% &100%) Plan Development 9/7/2020 9/25/2020 3 Weeks PS&E City Review 9/28/2020 10/26/2020 4 Weeks Plan Check 11/2/2020 11/27/2020 4 Weeks Plan Check Response/Corrections 11/30/2020 12/4/2020 1 Week Prepare 100%Final Documents 12/7/2020 12/11/2020 1 Week Task 5: Bid Ad, Construction Admin, Record Drwgs Bid Advertisement 1/4/2021 1/18/2021 2 Weeks Construction Administration 1/25/2021 7/2/2021 6 Months Record Drawings 7/5/2021 7/19/2021 2 Weeks Project Schedule Summary: Design Duration 7 Months Construction Duration 6 Months Notes: All dates are approximate and are subject to City Award, NTP and PS&E start and review dates ,A IDS GROUP 25C-35 Page 14 Fee Proposal AA IDS GROUP PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Section 3: Fee Proposal Per the RFP instructions, IDS has enclosed our Fee Proposal under separate sealed envelope. IDS GROUP 25C-37 Page 15 Certifications AA IDS GROUP PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Section 4: Certifications The following forms are included in this submittal following this cover sheet: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification , IDS GROUP 25^-39 Page 16 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange IDS Group, Inc. Subscribed and sworn to (or affirmed) before me on this 13th day of March 202Q by Sarah Scolari proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature SARAH M. SCOLARI Notary Public-Cal'rfomia Orange County_ Commission k 2221167 ~ My Comm. Expires Dec 5, 2021 Notary Public Seal City of Santa Ana RFP Page A3-1 25C-40 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm IDS Group, Inc. Signed and Printed Name: Said Hilmy, PhD, PE, SE, LEED AP Title President Date March 17, 2020 City of Santa Ana RFP Page A3-2 25C-41 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS 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. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25C-42 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:? ' r Title: Said Hilmy, PhD, PE, SE, LEED AP Firm: President Date: March 17, 2020 City of Santa Ana RFP Page A3-4 25C-43 Appendix A AA IDS GROUP PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Appendix A Key personnel resumes are following this cover page. A IDS GROUP 25C-4 5 APPENDIX PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Rob O'Neil, PE Principal -in -Charge Mr. O'Neil has over 30 years of Electrical Engineering experience in commercial, municipal lighting and utility infrastructure projects. His expertise encompasses conceptual planning through final design. He has managed design projects throughout California, Arizona, Nevada, Texas and the Province of Ontario, Canada. His responsibilities have included the supervision of technical staff and management of the production of construction plans, specifications, cost estimates, schedules and bid contracts for Commercial, Industrial and Municipal Roadway illumination projects. His experience in street lighting design includes photometric analysis, electrical engineering and circuiting design and coordination with power utility companies from conceptual design to final construction project close out. Education • BSEE, Santa Barbara College • Humber College, Ontario, Canada Professional Credentials • Professional Electrical Engineer, California (E18557) and Arizona (50904) • Illuminating Engineering Society of North America (IESNA) Selected Project Experience • City of Victorville, Old Town Street Lighting Design • City of Santa Ana, Park and Bike Trail Lighting Design • John Wayne Airport, Exterior Lighting Enhancements • City of Santa Clarita —Vista Canyon Street Lighting • City of Palmdale Street Lighting • City of Downey Street Lighting • Old Town Temecula Street Lighting • Santa Monica Boulevard Street Lighting Upgrade, Santa Monica, CA • Oshawa City Street Lighting — Oshawa, Ontario, Canada • Amtrak Train Stations Lighting Design — Various Sites throughout the US " IDS GROUP 25r-4 C APPENDIX r) PROPOSAL J Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Michael Reed Project Manager Mr. Reed has 28 years of electrical engineering experience in municipal, street t • IT , lighting, park/recreation, community centers, and commercial projects. He is versed in all California Title 24 lighting design requirements. Mr. Reed has provided electrical engineering services encompassing both design and field work for thousands of projects of which hundreds were directly for municipalities. Education • Bachelor of Arts - Computer Science — Baltimore, MD • Cad Design — Fullerton, CA Professional Affiliations • International Dark -Sky Association (IDA) • Illuminating Engineering Society of North America (IESNA) Selected Project Experience • Victorville Old Town Street Lighting Design • John Wayne Airport, Landside Exterior Lighting Enhancements • City of Santa Ana, Park and Bike Trail Lighting Design • City of Santa Clarita —Vista Canyon Street Lighting • City of Palmdale Street Lighting • City of Downey Street Lighting • Peters Canyon Trail Lighting Improvement Project - CIP 341303, City of Irvine, CA • San Diego Creek Bike Trail Lighting Improvements: San Diego Creek to Culver, CIP 341302, City of Irvine, CA • San Diego Creek Bike Trail Lighting Improvements: Spectrum to 1-405 CIP 341501, City of Irvine, CA • San Diego Creek Bike Trail Lighting Improvements: 1-405 to Culver CIP 322920, City of Irvine, CA • PE Greenbelt Trail, Long Beach, CA • 20th Street and Cloverfield Boulevard Street Improvements, Santa Monica, CA • Bellis, Boisseranc and San Antonio Parks Sports Lighting Replacement, Buena Park, CA • Firestone Boulevard Median Improvements, Southgate, CA • Katella Avenue Street Improvement, Anaheim, CA • Seal Beach Boulevard Median Lighting, Seal Beach, CA A IDS GROUP 25C-4 7 APPENDIX PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Peter Gambino, PE, PLS, QSD Associate Principal, Survey/Mapping Mr. Gambino has a broad background in Civil Engineering, Land Surveying, and Public Works and site development and is responsible for managing the design and production of Civil Improvement Plans. Mr. Gambino provides technical guidance and mentoring to production staff to better provide clientele with civil engineering solutions that are innovative, cost effective, timely, and consistent with the client's project schedule and budgets. Also, Mr. Gambino has a tremendous amount of experience working with private developers and is familiar with the discretionary entitlement processes of governmental agencies throughout Southern California. He has a thorough understanding of the Subdivision Map Act, The Land Surveyor's Act, California Planning and Zoning Laws, the California Environmental Quality Act (CEQA), and current Storm Water Pollution treatment requirements as dictated by the Regional Board. Education • Bachelor of Science, Civil Engineering, California State University, Long Beach, 1991 Professional Credentials • Professional Civil Engineer: California (#C55577) • Professional Land Surveyor: California (PLS #7687) • Qualified SWPPP Developer (QSD) Professional Affiliations • California Land Surveyor's Association (CLSA) • Orange County Chapter CLSA • American Public Works Association, (APWA) Selected Project Experience • Pipeline, Ramona, and Riverside Drive ADA Access Ramp, Chino, CA. • Off -Site Improvements, Martin Luther King, Jr. Community Hospital, (MLK) County of Los Angeles, Los Angeles, CA • Commonwealth Avenue and Alley at Lawrence, Fullerton, CA • Hotel Way, City of Anaheim, Convention Center, Anaheim, CA • San Diego Creek Bike Trail Lighting Improvements: Spectrum to 1-405 CIP 341501, Irvine, CA • San Diego Creek Bike Trail Lighting Improvements: 1-405 to Culver CIP 322920, City of Irvine, CA • Peters Canyon Bike Trail Lighting Improvements, Irvine, CA • ADA Path of Travel Compliance ARTIC/Angels Stadium/Douglas Dr., Anaheim, CA A -NU`J'UROUP 25C-4 8 APPENDIX PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Jaime Rosenbach, MS, SE Senior Structural Engineer With over 32 years' experience in the field of structural design, Mr. Rosenbach has been involved in the design of new structures, evaluation and retrofit of existing structures, remodel and modernization of existing buildings, and has conducted and reported numerous forensic seismic investigations. Jaime has extensive field experience having provided construction administration services as well as Code Compliance review services and plan check services for numerous projects. Education • Master of Science, Structural Engineering, Pomona, CA Professional Credentials • Professional Structural Engineer: California (#S-5186) • Professional Civil Engineer: California (#C-42855) Relevant Project Experience • Post -earthquake evaluation and repair design for three parking structures at Saint Joseph's Hospital Medical center, Burbank, CA • Provide Structural Engineering design for a six story (Design Built) parking structure for the Department of the Navy- Naval Base San Diego — P405 Bachelor Enlisted Quarters — Building 3662 Parking Garage • Parking Garage Structural Evaluation and proposed repair for California Bank at 3rd and Figueroa, Los Angeles, CA • Seritage Growth Properties, Temecula Sears SMEP Assessment, Temecula, CA — 130,000 SF assessment of existing Sears big box store. • Seritage Growth Properties, San Bruno Sears SMEP Assessment, San Bruno, CA — 253,000 SF assessment of existing Sears big box store. • Seritage Growth Properties, San Jose Sears SMEP Assessment, San Jose, CA - — 258,000 SF assessment of existing Sears big box store. • Chase Bank, Evaluation, Repair, and System Upgrades 90 Chase and former Washington Mutual Locations • US Department of Labor, Los Angeles Job Corps Center • Los Angeles Southwest College Cox Building upgrade • MWD Santa Ana Bridge Crossing Retrofit • LA Habra Unified School District — Bond O • Applied Medical Seismic Upgrade, Rancho Santa Margarita • LA County Office of Education, CA - Head Start Grantee Office Santa Fe — Post Earthquake review " IDS GROUP 25r-4 A APPENDIX PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No.20-026 Faisal Dakhil, BSCE, MSCE Cost Estimator Mr. Dakhil has over 30 years of pre -construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. As Senior PM and Chief Estimator of major construction companies, Faisal has accumulated a long track record of successful jobs coming in under budget and on -time, resulting in substantial savings for the clients. Education • Master of Science, Civil Engineering, University of Southern California, Los Angeles, CA • Bachelor of Science, Civil Engineering, University of Southern California, Los Angeles, CA Building Evaluation Projects: Rialto Birdsall Park Restroom & City of Rialto Rialto, Ca 3/15/2018 260K Building Evaluation: Concession Building Public ADA Deficiencies and Works Repair Rialto Fergusson Park Restroom City of Rialto Rialto, Ca 3/15/2018 240K Building Evaluation: Building Public ADA Deficiencies and Works Repair Rialto Fergusson Park Snack Bar City of Rialto Rialto, Ca 3/15/2018 100K Building Evaluation: & Restroom Building 2 Public ADA Deficiencies and Works Repair Rialto Flores Park Restroom City of Rialto Rialto, Ca 3/15/2018 170K Building Evaluation: Public ADA Deficiencies and Works Repair Rialto Jerry Eaves Park City of Rialto Rialto, Ca 3/15/2018 258K Building Evaluation: Restroom & Snack Bar Building 1 Public ADA Deficiencies and Works Repair Rialto Jerry Eaves Park City of Rialto Rialto, Ca 3/15/2018 79K Building Evaluation: Restroom Building 2 Public ADA Deficiencies and Works Repair Rialto City Park Restroom City of Rialto Rialto, Ca 3/15/2018 142K Building Evaluation: Building & Concession Bart Public ADA Deficiencies and Works Repair Rialto City Park Restroom, City of Rialto Rialto, Ca 3/15/2018 360 Building Evaluation: Concession Kitchen and Press Public ADA Deficiencies and Box Bar Building 2 Works Repair Rialto Anderson Park Parking City of Rialto Rialto, Ca In Progress In Building Evaluation: and Path of Travel Walkways Public Progre ADA Deficiencies and Works ss Parking lot and Walkways Repair AA IDS GROUP 25C-50 APPENDIX am n PL J June 15, 2020 EXHIBIT C -- IDS GROUP City of Santa Ana Mr. Kenny Nguyen Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 SUBJECT: Fee Proposal Fee Proposal for Electrical Lighting Design Services for Civic Center Perimeter Lighting — RFP No. 20-026 Dear Mr. Nguyen and Members of the Selection Committee: IDS Group (IDS) is pleased to submit our Not to Exceed Cost Proposal to complement our technical proposal to provide complete Plans, Specifications, and Cost Estimate (PS&E) for new street lights around the perimeter of Civic Center "Superblock". The City would like to replace the existing outdated lighting system with an energy efficient system that improves illumination as well as the overall look of the "Superblock". Task 1— Project Coordination $22 790 Task 2 — Preliminary Engineering $73,832 Task 3 — Design Development (30%) $39,196 Task 4 — Construction Docs (65%, 95%, 100%) $36,774 Total $172,592 Task 5 — Bid Ad, Construction Admin, Record Dwgs (Not in Scope at this time; to be negotiated at a later time) The fee schedule has been broken down by Task as identified in the RFP No. 20-026. Please feel free to contact Rob O'Neil, if you have any questions or concerns relating to our Fee Proposal. MEP Principal 1 Peters Canyon Road, Suite 130, Irvine California 9226tT: 4 387.8500 ♦ F: 949.387.0800 ♦ www.idsgi.com t y g 9 v C �w �v m m o m x g 2 m w a 3 A Am m N o a s y o A A N A n - A m _ L1 0 0 o� F Z A L�1 A o 0 0 0 0 ? D � c Z o o � o y j N i 3 z a a � 0 0 0 3 3 = o C y 0 0 o m - < m A m A n m A C y A 0 00 =s 0 �s Apo O 3 N 3.S vo 25C-53 FEE PROPOSAL Electrical Lighting Design Services for Civic Center Perimeter Lighting RFP No. 20-026 IDS Group, Inc. 2020 Rate Sheet Principal $190 Associate Principal $178 Senior Project Manager I Associate $168 Project Manager $157 Senior Architect or Engineer $146 Senior Cost Estimator $135 Project Architect or Engineer $135 Designer Architect or Engineer $120 Engineering Designer - BIM $105 Two Man Survey Crew $250 Architectural Job Captain I Designer $100 CAD Drafting Engineer I Architect $90 Office Administration $55 Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the owner at Consultant's direct cost plus 5%. &- IDS GROUP Page 3 25C-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE A SECOND AMENDMENT WITH SANTA FIE BUILDING MAINTENANCE FOR POLICE DEPARTMENT JANITORIAL SERVICES IN THE AMOUNT OF $800,248.94 (GENERAL FUND) CLERK OF COUNCIL USE ONLY: •e• O, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with Santa Fe Building Maintenance for police and jail facility janitorial services, for the period beginning October 1, 2020 through September 30, 2021, in an amount not to exceed $800,248.94, which includes a ten percent (10%) contingency, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 1, 2017, the City entered into a three-year agreement with Santa Fe Building Maintenance as a result of an RFP that was issued for janitorial services (RFP# 17-022). Santa Fe Building Maintenance provides janitorial maintenance services for the Police Administration building, jail facility, Southeast Substation, Westend Substation, and Centennial Training Center. Services include vacuuming and carpet care, comprehensive vinyl and tile floor care, general and high dusting, emptying trash receptacles, recycling, and other related services. In addition, at the onset of the COVID-19 pandemic, the Police Department contacted Santa Fe Building Maintenance to perform daily sanitizing of all doorknobs/handles, elevator buttons/panels, stair rails, conference tables, and other frequently touched surfaces in general employee and public areas, including public lobbies, hallways, and meeting rooms/areas. These additional services were implemented to protect community members and employees from the transmission of COVID-19. This agreement amendment was approved by City Council at the April 21, 2020 City Council meeting. The Police Department is recommending the City enter a one-year agreement with Santa Fe Building Maintenance for the provision of janitorial services (Exhibit 1). Santa Fe is requesting a seven percent (7%) $3,990.87 increase to cover the minimum wage increase from $13 to $14 per hour, to take effect January 1, 2021, and an eight percent (8%) increase in health and welfare related costs. This will increase the annual cost of the base agreement from $679,608.60 to $727,499.04. The one-year agreement, including a ten percent (10%) contingency, totals $800,248.94. 25D-1 Agreement with Santa Fe Building Maintenance September 1, 2020 Page 2 Santa Fe Building Maintenance employees that work at the Police Department, are represented by SEIU United Service Workers West. Santa Fe Building Maintenance has been accommodating, professional, and consistent in its servicing of Police facilities for the three-year term of their agreement and staff recommends approval of this one-year agreement. FISCAL IMPACT Funds for this agreement are available in the Police Department Building & Facility Contract Services account (no. 01114403 62300) for the following fiscal years: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2020-21 01114403-62300 PD Building & Facility - Contract Services $600,186.71 FY 2021-22 01114403-62300 PD Building & Facility - Contract Services $200,062.23 Total $800,248.94 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. Agreement with Santa Fe Building Maintenance 25D-2 Exhibit I SECOND AMENDMENT TO JANITORIAL SERVICES AGREEMENT WITH SANTA FE BUILDING MAINTENANCE THIS SECOND AMENDMENT to the above -referenced agreement is entered into on September 1, 2020, by and between Santa Fe Building Maintenance ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-240, dated October 1, 2017, by which Consultant agreed to provide janitorial services to the Santa Ana Police Administration, Detention Facilities, and surrounding grounds ("Agreement"). The original term of the Agreement runs through September 30, 2020. The Agreement is current and in effect. B. On April 21, 2020, the parties agreed to a First Amendment to the Agreement (#A-2020-016) to provide additional services and compensation necessary to combat the spread of COVID- 19. The First Amendment also amended the term to provide additional time to be added to the Agreement. C. The parties seek to further amend the Agreement to extend the term of the Agreement for an additional year and provide additional compensation for services provided during the amended term, below. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the not -to -exceed amount by $800,248.94. This amount includes a base amount of $727,499.04 plus a 10% contingency amount of $72,749.90, for services provided at the sole discretion of the City. 2. Section 3, Term, is amended to increase the term of the Agreement from October 1, 2020, until September 30, 2021. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow] #s47oiv4 25D-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By vfi " ara S ogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL David Valentin Chief of Police CITY OF SANTA ANA Kristine Ridge City Manager SANTA FE BUILDING MAINTENANCE By: ho Title: taLRbt'gI N�qq� tr #54701v4 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: APPROVE A THREE-YEAR AGREEMENT WITH AHMC ANAHEIM REGIONAL MEDICAL CENTER, LP TO PROVIDE SEXUAL ASSAULT EVIDENCE COLLECTION SERVICES TO THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $165,000 (GENERAL FUND) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute a three-year agreement with AHMC Anaheim Regional Medical Center for the period of September 1, 2020 through August 31, 2023, with an option to extend, to provide sexual assault victim examinations and evidence collection for the Police Department, in the annual amount of $55,000 for a total amount not to exceed $165,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department uses the services of the AHMC Anaheim Regional Medical Center to conduct sexual assault examinations and evidence collection for adult victims and suspects. AHMC Anaheim Regional Medical Center is the only facility in Orange County that has a 24/7 sexual assault examination unit (The Safe Place). All other Emergency Departments and Medical Centers in Orange County refer patients to The Safe Place. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. AHMC Anaheim Regional Medical Center's evidence collection and examination procedures are consistent with those expected by the District Attorney's Office to ensure best evidence practices are followed, and that privacy concerns of victims are adequately safeguarded. The Police Department has utilized AHMC Anaheim Regional Medical Center for these purposes since 1995. The costs for the services are $850 per victim examination and $350 for court testimony. The agreement will include $55,000 per fiscal year, for a total amount not to exceed $165,000, for the three-year term. AHMC Anaheim Regional Medical Center has been accommodating, professional, and consistent in its provision of these services, and staff recommends approval of this agreement (Exhibit 1). 25E-1 Agreement with AHMC Anaheim Regional Medical Center September 1, 2020 Page 2 FISCAL IMPACT Funds in the amount of $165,000 will be expended as follows: Fiscal Year Accounting Unit- Accounting Unit, Account Amount Account # Description FY 2020-21 01114435-62300 Criminal Investigations — Contract $45,833 Services FY 2021-22 01114435-62300 Criminal Investigations — Contract $55,000 Services FY 2022-23 01114435-62300 Criminal Investigations — Contract $55,000 Services FY 2023-24 01114435-62300 Criminal Investigations — Contract $9,167 Services Total $165,000 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. Agreement with AHMC Anaheim Regional Medical Center 25E-2 Exhibit 1 AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS (this "Agreement") is entered into as of September 1, 2020 (the "Effective Date") between AHMC Anaheim Regional Medical Center LP, a California limited partnership dba AHMC Anaheim Regional Medical Center f"Hospital"), and Santa Ana Police Department(the "Department"), with respect to certain Sexual Assault Response Team "SART" services. WHEREAS, the Department requires the collection of clinical evidence with respect to certain victims of alleged sexual assault, but does not have the capability to do so; WHEREAS, Hospital is a general acute care hospital located in Anaheim, California that maintains a specialized area for the performing of sexual assault examinations ("SART Exams"); WHEREAS, the Department desires to engage Hospital to conduct SART Exams, and Hospital is willing to accept such engagement; NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises set forth herein, the parties agree as follows: 1. Hospital Responsibilities and Services. 1.1. SART Exam Room. Hospital shall provide a designated exam room for SART Exams and a secure site for the colposcope and evidence, known as the "SART Exam Room" or the "Safe Place". Hospital shall furnish, repair, and maintain the SART Exam Room in a manner consistent with its purposes as an examination area for SART services situated within an acute care hospital environment. The SART Exam Room shall remain locked when not in use by authorized SART personnel and its contents shall be organized according to SART protocols, policies, and procedures. 1.2. Examination. Hospital agrees to provide approved SART Exams to alleged sexual assault and rape victims for evidence, including videotaped colposcopic examination and photographs. SART Exams will be conducted by appropriately licensed and trained personnel competent in the use of the SART Exam equipment and the interpretation of findings. 1.3. Release of Evidence. Hospital will release all evidence collected during the SART Exam, including the videotape of the colposcopic examination and specimens, at the end of the SART Exam in accordance with all statutes and regulations, including established SART protocols and procedures, and Hospital will support the chain of custody. 1.4. Testimonv. Hospital agrees to provide competent testimony as requested by the Department upon receipt of an appropriate summons or subpoena. S.S. Hospital Registration. SART Exam patients will be registered as Hospital patients in accordance with Hospital policy for registration, in a manner that protects the privacy and confidentiality of SART Exam patients. Hospital shall utilize a unique process at 25E-3 registration for SART Exam patients to ensure that Hospital does not generate billing statements for SART Exam patients. 1.6. Non-SART Exam Medical Care. In the event SART Exam patients require additional treatment or services beyond the scope of the forensic medical SART Exam that is the subject of this Agreement, the patients will be registered and treated separately from the SART Exam and be subject to Hospital's normal procedures, including billing. Rates: Invoice: Payment. In exchange for the SART services to be provided by Hospital pursuant to Section 1 above, the Department shall compensate Hospital as follows: 2.1. SART Exam. Eight Hundred Fifty Dollars ($850) for each SART Exam. 2.2. Dry Run. Two Hundred Dollars ($200) for each Dry Run. For purposes of this Agreement "Dry Run" means the dispatching by Hospital of a forensic nurse to conduct a SART Exam and, through no fault of Hospital, the patient changes the patient's mind, refuses to permit the SART Exam, does not want the SART Exam, or does not permit the forensic nurse to conduct the SART Exam. 2.3. Testimonv. Flat fee of Three Hundred Fifty Dollars ($350) for testimony. 2.4. Payment. Hospital will invoice the Department on a monthly basis and the Department shall remit payment to Hospital within thirty (30) days after receipt of Hospital's invoice. Payment for services hereunder shall not exceed $165,000 over the three-year term of this Agreement. 3. Term: Termination. 3.1. Term. This Agreement will be for an initial term of three (3) years commencing as of the Effective Date. The term of this Agreement may be extended, but only upon mutual written agreement of the parties. 3.2. Termination. Either party may terminate this Agreement without cause at any time during the term of this Agreement by providing the other party at least thirty (30) days prior written notice of termination. 4. Indemnification. The parties each shall indemnify, defend, and hold the other party harmless from and against any and all liability, loss, damages, costs, and expenses (including reasonable attorneys' fees) caused by the negligence or wrongful acts or omissions of such indemnifying party or its employees, officers or agents. The provisions of this Section 4 shall survive the termination of this Agreement. S. Confidentiality of Patient Information. None of the parties shall disclose any confidential patient health information to any third party, except where permitted or required by law or where the patient expressly approves such disclosure. Hospital and the Department shall comply with all federal and State laws and regulations regarding the confidentiality of such information, including without limitation the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder, the California Confidentiality of Medical Information Act, and the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, all as amended from time to time. 25E-4 6. Anti -Referral Laws. Nothing in this Agreement, or any other written or oral agreement, or any consideration in connection with this Agreement, contemplates or requires, or is intended to induce, the admission or referral of any patient to or the generation of any business for Hospital or the referral of any patient to any physician. 7. Non -Discrimination. The parties will not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sexual orientation, age, condition of disability, or any other protected class. 8. Relationship Between the Parties. It is expressly understood that in the performance of this Agreement the parties each act in an independent capacity and not as partners, joint venturers, agents or any other relationship of a similar nature. 9. Severability. The parties agree and acknowledge that if any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the balance of this Agreement, which shall remain in full force and effect and such invalid provision shall be deemed severable. 10. Entire Agreement: Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement. 11. Counterparts. This Agreement and any amendment hereto may be executed in counterparts, and signatures exchanged by facsimile or other electronic means are effective to the same extent as original signatures. 12. Notices. All notices hereunder shall be in writing and delivered to the party to whom such notice is directed at the address, facsimile number or electronic mail address set forth on the signature page hereof. 13. Non -Exclusivity. This Agreement is not exclusive, and nothing herein shall preclude either party from contracting with any other person or entity for any purpose. [SIGNATURE PAGE FOLLOWS] 3 25E-5 [SIGNATURE PAGE TO AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS] HOSPITAL: AHMC ANAHEIM REGIONAL MEDICAL CENTER LP d/b/a AHMC Anaheim Regional Medical Center l Li�A , ' tan t.r-a u,t Title: Interim Chief Executive Officer Address for Notices: AHMC Anaheim Regional Medical Center 1111 W. La Palma Ave. Anaheim, CA 92801 Attn: Robert Trautman Fax:714.999.6027 Email:Robert.trautman@ahmchealth.com CITY OF SANTA ANA: See next Name: Title: By: Name: Title: By: Title: Address for Notices: 60 Civic Plaza Santa Ana, CA 92701 4 25E-6 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: U4� TAMARA BOGOSIAN Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police 25E-7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended APPROVE THE RECOGNITION OF ❑ Amended ❑ OOrrdinance on 1 Reading $35,573.17 OF REVENUE FOR CERTAIN ❑ Ordinance on 2d Reading UNCLAIMED FUNDS FROM VARIOUS ❑ Implementing Resolution CITY FUNDS ❑ Set Public Hearing For (GENERAL FUND) CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve the recognition of $35,573.17 of revenue in the General Fund for certain unclaimed funds, as allowed by state law. DISCUSSION Annually, the Finance and Management Services Agency (FMSA) reviews a listing of unclaimed monies that are older than three (3) years. State law allows the City to publish a notification of the unclaimed monies, offering the public an opportunity to claim them. In the absence of any claims, the City can recognize them as revenue. State law also allows the City to transfer unclaimed monies, held for a period of one (1) year, without publication for individual items $15 or less, or any amount if the depositor's name is unknown. FMSA staff has identified $35,573.17 of unclaimed monies that can be recorded as revenue in the General Fund for the fiscal year that ended June 30, 2020. Due Diligence Efforts To ensure the public was aware of the existence of unclaimed monies on file with the City, FMSA staff published a Public Notice (Exhibit 1) in the Orange County Register in June 2020 for two (2) successive weeks in accordance with the applicable Government Code Sections. The City received one claim; however, the claimant did not respond to the City's request to provide further information substantiating the claim. The City received no other claims. Part of the unclaimed monies included individual items that were less than $15. These monies were not included in the publication per Government Code section 50055. If City Council approves Recommended Action, unclaimed monies in the amount of $35,573.17 will be recorded as revenue in the General Fund, in accordance with the Government Code section 50053. 29A-1 Approve the Recognition of Revenue of Certain Unclaimed Funds September 1, 2020 Page 2 FISCAL IMPACT Unclaimed funds in the amount of $35,573.17 will be reclassified to the General Fund (account no. 01102002-57010 (Miscellaneous Recoveries). Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Exhibit: 1. Public Notice 29A-2 14:/:1NIII Mi1 California Newspaper Service Bureau® Daily Journal Corporation Public Notice Advertising Since 1934 Tel 1-800-788-7840 - Fax 1-800-474-9444 Local Offices and Representatives In: Los Angeles, Sans. Ana, Son DI.R., Rivenid on Bernadine, Son Francisco, Oakland, San loses Sac...[. Special Se lcea Available in Phocnix DECLARATION I am a resident of Los Angeles County, over the age of eighteen years and not a party to any or interested in the matter noticed. The notice, of which the annexed is a printed copy appeared in the: ORANGE COUNTY REGISTER On the following dates: Jun. 6 & 13, 2020 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Los Angeles, California, this 15th day of June 2020 "J- Signature Debbie Yerkes 3369527 "The only Public Notice which is juslUiable jintn the standpoint a(hve econwny and thepublic interest, is that which reaches those who are 4((ected by it" Rev. N115 WHY JonnulCo,pannion, 9151iusl Find Street Las Angeles, CAM12 1IINN h IINIINIIN11111Ell 11111111111111111 1111 * A 0 0 0 0 0 5 4 4 8 8 3 0 29A-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-161, GENERAL PLAN AMENDMENT NO. 2020-03, AND TENTATIVE TRACT MAP NO. 2020-01 TO FACILITATE CONSTRUCTION OF A 10- UNIT CONDOMINIUM DEVELOPMENT AT 1122 NORTH BEWLEY STREET CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161. 2. Adopt a resolution approving General Plan Amendment No. 2020-03. 3. Adopt a resolution approving Tentative Tract Map No. 2020-01 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 13, 2020, and after receiving public testimony on the item, the Planning Commission voted 6:0:1 (Garcia absent) to recommend that the City Council (1) adopt a resolution adopting Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review (ER) No. 2017-161; (2) adopt a resolution approving General Plan Amendment (GPA) No. 2020-03; and (3) adopt a resolution approving Tentative Tract Map (TTM) No. 2020-01 as conditioned. The Planning Commission required the applicant to conduct additional neighborhood outreach providing information about the project before the City Council public hearing. On Tuesday July 28, 2020, the applicant conducted a virtual community meeting to inform the community of the proposed project. Two people from the general public participated and expressed no objections to the project. The applicant will hold another community meeting on Tuesday, August 25, 2020 (Exhibit 7). Information about the meeting will be provided to the City Council prior to the hearing. Ada Rose with YNG Architects, Inc., representing Linda La, is requesting approval of the subject entitlements to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. Staff recommends that the City Council approve the applicant's request because the project demonstrates high -quality site planning, design, and amenities, and contributes to the 75A-1 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 September 1, 2020 Page 2 City's housing stock through both production of new home -ownership opportunities and payment of in -lieu affordable housing funds. Project Description The project consists of the construction of a 10-unit condominium development with four separate buildings. The units range in size from 1,618 to 1,950 square feet, consisting of two to four bedrooms, and contain a 400-square foot attached two -car garage. The site will be accessible from a driveway at the southeast corner of the site. Internal drive aisles will provide access to each unit and the central surface parking area. The project provides two garage parking spaces per unit and a 20-space surface parking area that is located in the center of the site, for an average of four spaces per unit. In addition, a four -space bicycle rack is also provided near the surface parking area. A 2,500-square foot central common open space area between Buildings B and B1 will be provided. The common open space will include a grass play area, benches, a picnic shelter with a table, barbecue grills, a sink, trash and recycle receptacles, and pedestrian lighting. Additionally, a meandering five -foot -wide walkway will be constructed along the northern project boundary to provide pedestrian access to each building along the northern site perimeter. Private open space (backyard or patio) and balconies will also be provided for each unit. The backyards and patios range in size from 250 to 1,000 square feet and the balconies range in size from 30 to 250 square feet. General Plan Amendment The applicant is requesting that the GPA is changed so that the subject site's land use designation is changed from Low Density Residential (LR-7) to Medium Density Residential (MR-15). The LR- 7 designation applies to those areas of the City that are developed with lower -density residential land uses and have an R-1 zoning designation. The allowable maximum development intensity is seven units per acre. Development in this category is characterized primarily by single-family homes. The existing Two -Family Residence (R-2) zoning for the site, however, allows for two-family dwellings and townhomes to be built on the property. The General Plan land use designation and zoning of the property are inconsistent. To make the General Plan and zoning consistent, the applicant is requesting the GPA to change the land use designation of the property to MR-15, which applies to those sections of the City that are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. This change request is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. In addition to the applicant's request, the City is also proposing to change the land use designation of adjacent properties from LR-7 to MR-15 to create consistency between the Land Use Element and Zoning. The proposed MR-15 designation would be consistent with the existing multi -family uses to the north, south, and east. The proposed amendment will amend the General Plan land use designation of the block of higher density properties, which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family 75A-2 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 September 1, 2020 Page 3 uses as a buffer between single-family dwellings and to focus higher intensity uses and developments along arterial roadways, such as nearby Harbor Boulevard. Tentative Tract Map The applicant is seeking approval of a tentative parcel map to subdivide the property into 10 condominium units and one common area lot. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the Santa Ana Municipal Code (SAMC) and General Plan, including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions, and Restrictions (CC&Rs) to the Planning Division for review. The CC&Rs will ensure long-term maintenance of the landscaping, parking, buildings, and common amenities. Finally, the tentative map is consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. California Environmental Quality Act (CEQA) Pursuant to CEQA, a MND (Environmental Review No. 2017-161) with technical studies was prepared for the project. No areas of significance were identified from the construction or operation of the proposed project. The project requires adoption of a MMRP, which contains mitigation measures to address biological resources, geology and soils, noise, tribal cultural resources, and cultural resources. On May 6, 2020, the draft MND was circulated to interested parties and the notice of intent (NOI) was published in the Orange County Register and posted with the State's Clearinghouse. The draft MND was available for public review at the City Hall and on the project's webpage on the City's website. All comments received by interested parties were included in the final document. CONCLUSION Based on the analysis provided within this report, staff recommends that the City Council adopt a resolution adopting the prepared MND and MMRP, ER No. 2017-161; a resolution approving GPA No. 2020-03; and a resolution approving TTM No. 2020-01 as conditioned. FISCAL IMPACT There is no fiscal impact associated with approval of this action. Submitted By: Minh Thai, Executive Director — Planning and Building Agency Exhibits: 1. Planning Commission Staff Report Dated July 13, 2020 2. Resolution Approving the MND and Adopting a MMRP 3. Resolution Approving GPA No. 2020-03 4. Resolution Approving TM No. 2020-01 as conditioned 5. Link to Mitigate Negative Declaration and Technical Studies 6. Full Set of Plans 7. Virtual Community Meeting Minutes 75A-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 13, 2020 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-161, GENERAL PLAN AMENDMENT NO. 2020-03, AND TENTATIVE TRACT MAP NO. 2020- 01 TO FACILITATE CONSTRUCTION OF A 10- UNIT CONDOMINIUM DEVELOPMENT AT 1122 NORTH BEWLEY STREET Prepared by Jerry C. Guevara EXHIBIT I PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Q a xecutive Director Planning nag r- RECOMMENDED ACTION Recommend that the City Council take the following actions: Adopt a resolution adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161; 2. Adopt a resolution approving General Plan Amendment No. 2020-03; and 3. Adopt a resolution approving Tentative Tract Map No. 2020-01 as conditioned. Executive Summary Ada Rose with YNG Architects, Inc., representing Linda La, is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map (TM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. In accordance with the California Environmental Quality Act (CEQA), the project requires approval of a Mitigated Negative Declaration (MND) and adoption of a Mitigation Monitoring and Reporting Program (MMRP), Environmental Review (ER) No. 2017-161, for the project. It is recommended that the Planning Commission recommend approval of the request to the City Council, as the project demonstrates high -quality site planning, design, and amenities, and contributes to the City's housing stock through both production of new home -ownership opportunities and payment of in -lieu affordable housing funds. Table 1: Project and Location Information Item Information Project Address 1122 North Bewley Street Nearest Intersection Bewley Street and Washington Avenue Existing General Plan Designation Low Density Residential (LR-7) Proposed General Plan Designation Medium Density Residential (MR-15) 75A-4 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 2 Zoning Designation Two -Family Residence (R-2) Surrounding Land Uses North Multi -Family Residential East Multi -Family Residential South Multi -Family Residential West Commercial / Auto Sales and Services Site Size 0.87 acres Existing Site Development The site is vacant Applicable Zoning Code Sections SAMC Chapter 41, Article ll, Divisions 4 and 6 (SAMC Sections 41-246 to 41-256 Entitlements SAMC Chapter 41, Article V, Division II and Chapter 34, Article V Project Description The applicant is requesting approval of a GPA and TTM to facilitate the construction of a 10-unit condominium development consisting of four separate buildings, each with two to three units. The units range in size from 1,618 to 1,950 square feet, consisting of two to four bedrooms and contain a 400-square foot attached two -car garage. Table 2A: Unit Mix S t,.3xKy ,":� � � �r�,"ctt^jt^ ♦ ��,"`l < � 'c73 V� "raRA jfd�6�iJz�.�� P���4NP'��T�i� -�4��t� L s t: Table 213: R-2 Development Standards feet Minimum WIPP.6Yc3i.OMM9 ►W !as Rear Yard Setback 15 feet 15 feet; complies Off -Street Parking 2 spaces per unit in a garage + 2 40 spaces; complies guest spaces per unit Private Open 250 square feet 250 — 1,000 square feet per unit; Open Space Spa a er unit complies Common Open 2,500 square 2,500 square feet; complies Space feet 75A-5 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 3 The project's buildings are designed in a cohesive manner with unifying materials, floor heights, and articulation using contemporary architecture in a craftsman style and include a variety of neutral earth tones, concrete roof tiles, metal roofing, wood siding, stucco, and stone and brick veneer. The site will be accessed from a driveway at the southeast corner of the site. Internal drive aisles would provide access to each unit and the central surface parking area. The project provides two parking spaces in a garage per unit and a 20-space surface parking area that is located in the center of the site. In addition, a four -space bicycle rack is also provided near the surface parking area. The project provides a 2,500-square foot central public open space area between Buildings B and B1. The public open space will include a grass play area, benches, a picnic shelter with a table barbecue grills and a sink, trash and recycle receptacles and pedestrian lighting. Additionally, a meandering five -foot -wide walkway will be constructed along the northern project boundary to provide pedestrian access to each building along the northern site perimeter. Private open space (backyard or patio) and balconies will also be provided for each unit. As detailed in Table 2, the backyards and patios range in size from 250 to 1,000 square feet and the balconies range in size from 30 to 250 square feet. Project and Site Background The project site was originally developed in 1964 with a single-family residence. All of the onsite structures were demolished and cleared in 2017. In October 2017, the Planning Division received the subject application and, since then, the applicant has been working with the City to refine the site plan. In accordance with the Sunshine Ordinance, the applicant held a community meeting on March 12, 2018 to review the proposed development and receive feedback from the community and adjacent property owners and residents. The applicant provided all the required information to the City after the meeting (Exhibit 10). The community raised concerns about potential parking impacts to the neighborhood. A Planning Commission work-study session was held on April 9, 2018 where staff presented a 12- unit project. Members of the Planning Commission provided feedback and posed questions on the density, off-street parking, open space and access. Following the work-study session, the applicant revised the project to decrease the number of units to 10 units and increased the number of parking spaces to comply with current code requirements of four parking spaces per unit. Analysis of the Issues General Plan Amendment The general plan amendment is being requested to change the subject site's current land use designation as prescribed by General Plan Land Use Element from LR-7 to MR-15. The LR-7 designation applies to those areas of the City that are developed with lower -density residential land 75A-6 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 4 uses and have an R-1 zoning designation. The allowable maximum development intensity is seven units per acre. Development in this category is characterized primarily by single-family homes. The (R-2) zoning for the site, however, allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the property are inconsistent. To make the general plan and zoning consistent, the applicant is requesting a GPA to change the land use designation of the property to MR-15, which applies to those sections of the City that are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. This change request is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. In addition to the applicants request and as part of this application, the City is also proposing to change the land use designation of adjacent properties from LR-7 to MR-15 (Exhibit 2) to create consistency between the Land Use Element and Zoning Code. The proposed MR-15 designation would be consistent with the existing multi -family uses to the north, south and east. The proposed amendment will clean up the general plan land use designation of the block of MR-15 properties, which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family uses as a buffer between single-family dwellings and to focus higher intensity uses and developments along arterial roadways such as Harbor Boulevard. Table 3: Existing and Proposed Land Use Designation Moreover, the project would support several goals and policies of the Housing Element. First, the project would be consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with Policy HE-2.4 to facilitate diverse types, prices and sizes of housing. The project would also be consistent with goals of the Land Use Element, including Goal 1 to promote a balance of land uses to address basic community needs, and Goal 6 to reduce residential overcrowding to promote public health and safety. The proposed project will provide additional market rate housing in the City, thereby assisting in addressing the shortage of available housing within the region. The project will also provide additional housing options for those seeking housing within close proximity to transit as the project site will be nearby one of the future OC Streetcar stops. 75A-7 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 5 Tentative Tract Map The applicant is also requesting approval of a tentative tract map to subdivide the property for condominium purposes. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative tract map. The applicant is seeking approval of a tentative parcel map to subdivide the property into 10 condominium lots and one common area lot. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the SAMC and General Plan, including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions and Restrictions (CC&Rs) to the Planning Division for review. The CC&Rs will ensure long-term maintenance of the landscaping, parking, buildings and common amenities. Finally, the tentative map is consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CudhstNut��e�t �Q.....`t A Mitigated Negative Declaration (MND), Environmental Review No. 2017161, with technical studies was prepared for the project. No areas of significant and unavoidable CEQA Type impacts were determined from the construction or operation of the proposed project (Exhibit 11). The project requires adoption of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. On May 6, 2020, the draft MND was circulated to interested parties and the notice of intent Public Notification (NOI) was published in the Orange County Register and posted with the State's Clearinghouse. The draft MIND was available for public review at the Santa Ana City Hall and on the ro'ect's web age on the Cit 's website. y, ?F;*jPublic Notification &Community Ouitreach-10 ,F? t. Site posting A public notice was posted on the project site on July 2, 2020. Required Measures Notification by mail Notification b mail was mailed to all y property owners and occupants within 500 feet of the project site on July 2, 2020. 75A-8 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 6 Newspaper posting Newspaper posting was published in the Orange County Register on July 2, 2020. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on March 12, 2018 from 6:30 p.m. to 7:30 p.m. at Hazard Elementary School (4218 West Hazard Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of nine members of the public attended. The applicant provided all the required information to the Citv after the meetinn_ The representatives of Riverview West and Santa Anita neighborhood associations were Additional Measures contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed project. Economic Development Based on the development of the 10 townhomes, the City is expected to generate approximately $83,000 in permit fees. The project will also increase the property tax for the property. The property is currently vacant and has a taxable value of approximately $1.2 million. Upon completion of the project, the estimated taxable value of the property is approximately $5.8 million. Based on the $5.8 million valuation, the estimated annual tax revenue to the City is approximately $6,500 (not including an expected two -percent annual increase). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt a resolution adopting and approving the prepared Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161; a resolution approving General Plan Amendment No. 2020-03; and a resolution approving Tentative Tract Map No. 2020-01 as conditioned. Jer C. Ilhevara Assistant Planner I JG: S:1PIanning Commission202M07-13-201GPA No. 2020-03 & TTM No. 2020-01 at 1122 N. Bewley StreeAGPA.2020-3 & TIA No. 2020-01. PC Staff RepoA.doex Exhibits: 1. Resolution Approving the MND and Adopting a MMRP 2. Resolution Approving GPA No. 2020-03 3. Resolution Approving TM No. 2020-01 as conditioned 4. Vicinity Zoning and Aerial Map 5. Site Photos 6. Site Plan 7. Floor Plans 8. Elevations 9. Landscape Plans 10. Tentative Tract Map 11. Sunshine Ordinance Meeting Minutes 12. Mitigate Negative Declaration and Technical Studies 75A-9 EXHIBIT 1 75A-10 V*Y.0]1011rEel an[gD��➢��>STJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-161 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-03 AND TENTATIVE TRACT MAP NO. 2020-01 FOR THE PROJECT LOCATED AT 1122 NORTH BEWLEY 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. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map No. 2020-01 in order to facilitate the construction of a 10-unit condominium development at 1122 West Bewley Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines 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 a Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. 75A-1 Resolution No. 2020-xx Page 1 of 4 E. On May 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2017-161 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the MND were made available for a 30-day public review and comment period at the Santa Ana City Hall and on the project webpage on the City's website. G. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit A, and incorporated herein by reference. H. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt and approve MND, ER No. 2017-161 and the related MMRP for the project. On August 18, 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 MND, ER No. 2017-161, and the related MMRP 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2017-161, prepared with respect to this project. 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. Section 3. The City Council hereby adopts the MND and adopts the MMRP, 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 Planning Commission Action dated July 13, 2020, the Request for Council Action dated August 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 75A-12 Resolution No. 2020-xx Page 2 of 4 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 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, referendum, and other 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 6. 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. Miguel A. Pulido Mayor 75A-13 Resolution No. 2020-xx Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Acting 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 12020. Date: Clerk of the Council City of Santa Ana 75A-14 Resolution No. 2020-xx Page 4 of 4 EXHIBIT 2 75A-15 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-03 FOR THE PROPERTIES LOCATED AT 1102, 1114, 1122, 1210, 1212, 1214, 1216, 1218 AND 1222 NORTH BEWLEY STREET, 3625 WEST ELEVENTH STREET, AND 3704 WEST WASHINGTON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 to amend the General Plan land use designation of the property at 1122 North Bewley Street from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 10-unit condominium development. B. In addition, the City of Santa Ana is proposing to change the land use designation of adjacent properties at 1102, 1114, 1210, 1212, 1214, 1216, 1218 and 1222 North Bewley Street, 3625 West Eleventh Street, and 3704 West Washington Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2020-03. D. On August 18, 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 GPA No. 2020-03, 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 General Plan Amendment consists of amendments to the Land Use Element and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. 75A-16 Resolution No. 2020-xx Page 1 of 5 Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. However, the zoning of the project area is Two -Family Residential (R- 2) which allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the properties are inconsistent. ii. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. This change is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. iii. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 states a desire maintain and foster a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 facilitates diverse types, prices and size of housing, including single-family homes, apartments, 75A-17 Resolution No. 2020-xx Page 2 of 5 townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale condominium product with units that range in bedrooms and size. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2020-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2020, the Request for Council Action dated August 18, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. The City Council approves GPA No. 2020-03 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Land Use Element map and text shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. B. The General Plan Amendment shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-161 are adopted by the City Council. Section 7. 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, referendum, and other 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 75A-1 Resolution No. 2020-xx Page 3 of 5 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 8. 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 12020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75A-19 Resolution No. 2020-xx Page 4 of 5 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 Date: Clerk of the Council City of Santa Ana 75A-20 Resolution No. 2020-xx Page 5 of 5 EXHIBIT 3 75A-21 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2020-01 AS CONDITIONED TO CREATE A SUBDIVISION OF TEN (10) CONDOMINIUM UNITS AT 1122 NORTH BEWLEY 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. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval Tentative Tract Map (TTM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. B. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving TTM No. 2020-01, as conditioned. C. On August 18, 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 TM No. 2020-01, 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. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (SAMC). Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for tentative tract maps are approved when certain findings can be established. E. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve TTM No. 2020-01, have been established as required by Section 34-127 of the SAMC and the SMA: The proposed project and its design and improvements are consistent with the proposed Medium Density Residential (MR-15) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements are consistent with various provisions of the City's Zoning Code 75A-22 Resolution Page 1 of 8 and General Plan with approval of General Plan Amendment (GPA) No. 2020-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 encourages the maintenance and fostering of a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Goal 2 of the Housing Elements encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels. Further, Policy 2.5 of the Housing Element encourages developments that facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multi-use housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale product with units that range in bedrooms and size. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project is consistent with the City's zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residence (R-2) zoning district which allows for two family residences and townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions, and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance and will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the SMA. 75A-23 Resolution No. 2020-xx Page 2 of 8 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 0.87 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood and with the R-2 zoning district development standards. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design and improvements of the project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the 75A-24 Resolution Page 3 of 8 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. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. TTM No. 2020-01 shall not be effective until the City Council reviews, approves and adopts the MND ER No. 2017-161 and General Plan Amendment No. 2020-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force 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, referendum, and other 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 approves Tentative Tract Map No. 2020- 01 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2020, and exhibits attached thereto; and the Request for City Council Action dated August 18, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75A-25 Resolution Page4of8 ADOPTED this day of , 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers 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 12020. Date: Clerk of the Council City of Santa Ana 75A-26 Resolution No. 2020-xx Page 5 of 8 EXHIBIT A Conditions of Approval for Tentative Tract May No. 2020-01 Tentative Tract Map No. 2020-01 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, the California Subdivision Map Act, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. All proposed site improvements must conform to the Development Project plan approved per DP No. 2017-35. 2. Any amendment to this tentative tract map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the R-2 landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. In addition, vines shall be planted along perimeter walls and be spaced every 10 feet. 4. Applicant must submit Covenants, Conditions, and Restrictions (CC&Rs) for the project to the Planning Division for review and approval prior to the Final Map being recorded. 5. The Final Map must be approved and recorded prior to issuance of Building permits. 6. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. Resolution No. 2020-xx 75A-27 Page 6 of 8 7. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. 8. A Property Maintenance Agreement shall be recorded prior to the issuance of Building permits and shall be subject to review and approval 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 or incorporate the form of this condition within the Projects CC&R's 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); Resolution No. 2020-xx 75A-28 Page 7 of 8 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 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 and 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; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2020-xx 75A-29 Page 8 of 8 EXHIBIT 4 75A-30 6/2/2020 ER No. 2017-161, GPA No. 2020-03 & TM No. 2020-01 �� 1122 N. Bewley Street —�Y1 A fZ__.a.M L I 1. • .r' T13i1i ri. M Ur om_ r SF Labels: Zoning eaioE j c Exhibit 4 - Vicin a R1 Project 7 R= Site I ' I S I 250 feet Aii o1�11111111U11111i ng & Aerial Map s.of 75A-31 apps. spatialstream.com/production/dash board/8/9/0/CurrentBuiId/htmI/Reporting.htmI CO 2020 Diaital Mao Products. All rights reserved. 1 /1 EXHIBIT 5 75A-32 I't . v MD EXHIBIT 6 75A-34 VO VNV ViNVS i1 A31M39 'N ZLLL 1NINJO13A30 VVn1NIW0ON00 N0I1VA11330N33 211VM . Q 11Nn of H3d1S.31M39 NVId 311S O3 `J21V1N3 s r H� I 8 3 Iz _ OLD EILQO� OLD o Ze¢a< a I*:/:11:1kiA 75A-36 e e aeG,� BEW LEYSTREET 10 UNIT �s�m FIRST FLOOR PLAN CONDO Vi EV O IENT s yj N cn MObNMM1NMS'1SA31M39N ZLLL - 1NINJO13A30 WMINIWOONOO N 11Nn Ol H32llS J.3l M39 NVII d0011 ONOOIS ` Q 0 hV r�------------ 3NI,—u110d1--------II 910, � .I N 31 ���i�lllllllllllli�l, 0 z 0 EXHIBIT 8 75A-39 � �_ .6PPdVPPPY Q >- U C9w z d z owQ J 0] Q Z Z m N CO 75A1 CI: 0 � w m� d d NO z CO e� • I sJAI �q!! I N U) I � \ . 75A-� 75A-44 N 75A EXHIBIT 9 75A-46 ' PRELIMINARY MULTI -FAMILY RESIDENTIAL € LANDSCAPE PLAN zz N.a BEY ST a;3 jj �{ i ( - � _ - ( \ ; - ^ : � 1�-------- ` - -- -- ` \ �-- { \ �/ , .„ „z=_ \ 3,`A , / :: :� ;_, ; } ( 7\ ) ( ` \ � \ \ ) « ~ « / ( ] d<23 : : / ) ` � q �g 0 \ : (\\ �^ �/ \ \ ^ \ \ \ \ �. }� ,\}.}\, a AMENITIES CONID e� / ]. ° � b ( EXHIBIT 10 75A-49 NQ LL O W J Q U W W CO W 00 � W a F- lo: = U >OacW7- >0-_z rn 0 <c2;O o � G W N H H 0 O w�oz w Q Q 0 0 CO W Z W Z w 9 Q CO J> Q z w z < m LLJH O O U W x F z 8 rt 's y3 s F 5 dam' y d ,g 5" �o F s n 75A-50 EXHIBIT 11 75A-51 Bewley St. Townhomes 1122 N. Bewley St., Santa Ana Community Meeting Notes Meeting Date: March 12, 2018 1) Will the units be condos or apartments? The units will be condos for sale. 2) What is the size of the property? 37,800 SF (.87 ACRES) 3) Will the property be subdivided? A Tract Map will be recorded to designate the privately owned areas. A CC&R attorney will write the CC&Rs to specify the shared ownership for the common areas. 4) Will the individual condo Owner own the private yard & land the unit is sitting on? Or just the air rights? The individual Owner will own the private yard & land the unit is sitting on. 5) Who owns the open space? The CC&Rs will specify the shared ownership for the common areas. 6) Will there be an HOA? Yes. 7) There is a parking problem on Bewley St., between 11I" St. & Washington St. Each unit will have a 2 car garage. There will also be 12 guest parking spaces. CC&R will require the garages to be used for parking cars. 8) Can residents be restricted from parking on the street? On street parking cuts off the sight line for cars exiting the driveway. On street parking is by right. 9) How long will it be until the project is completed? Once the project is approved through the design review process, including public hearing it will then go through plan check process for construction, grading permits, etc. 10) What will the selling price be? This is at the Property Owner's discretion. 11) The project is too tall. Because the project is a flood zone the finish floor of the building to be one foot above the highest adjacent grade for the "A zone", as required by the Building Dept., City of Santa Ana. The development standards allow for a 27 foot height limit from the curb. Page 1 of 2 1524 Brookhollow Dr., Suite 6, Santa Ana, CA. 92705 (714) 425-8299 75A-52 12) The units will have views into adjacent properties. The Property Owners have a right develop the property as they see fit within the development standards. 13) What infrastructure improvements are proposed? How will street widening take place? The Property Owner/ Developer pays fee to public works based on project valuation. It is the city's responsibility to provide for infrastructure improvement. The property owner will provide a new sidewalk and landscape strip. Page 2 of 2 1524 Brookhollow Dr., Suite 6, Santa Ana, CA. 92705 (714) 425-8299 75A-53 M 0 0 U N s* d E 0 W 'a R N G Si Q ,n 60 � � d m c y � i V C 0 IL .4 IA W f � � 1 let p i 40 10 c- r a+ d 7 `k •` r z 75A-54 Linda La invites you to a Community Open House introducing the 1122 N. Bewley St. Project Undo Lo le hoce una invitocion o una junto abierta comunitorio para presentor el proyecto de 1122 N. Bewley St. Monday, March 12th Lunes, 12 de Morzo 6:30 to 7:30 PM Hazard Elementary School Multi -purpose room 4218 W. Hazard Ave Santa Ana, CA 92703 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, each comprised of 3 attached 3 and 2- story townhouses and will include public open space. Each townhouse will have an attached 2-car garage on the first floor and 12 on site parking spaces for guests. 1122 N. Bewley St. es on nuevo desarrollo residenciol muldforniliar en Santa Ana. EI desarrollo previsto tends 4 edificios nuevos que vo constor de 3 caws odosodos unidas de 3 y 2 pisos, que incluird espocio publico obierto. Cade coso odosoda tends an garoje para dos corros unidos al primero piso y 12 espocios para visitos en el sitio. Our development will be presented during the Open House to you, our neighborhood residents, for your input Nuestro desarrollo sera presentodo durante lojunto abierta a ustedes, residentes de nuestro veondorio, porsu opinion We would like to hear your views, concerns, and ideas! Nos gustaria escuchar sus opiniones, preocupaciones y ideas! If you have any questions regarding this event, the project, or if you require interpretation services in languages other than English during the Open House, please feel free to contact us: Email: KimLoan307@gmaiLcom Phone: 714-782-2757 We look forward to seeing you! Si hene alguna pregunto sabre este evento, el proyecto, o si necesito servicios de mterpretocon en otros idiomas que no sewn el ingles durante la jornado de puertas obiertas, no dude en ponerse en contocto con nosotros: Correa electronico: Kim Loon307@gmaiLcom Phone: 714-782-2757 E gA-55 EXHIBIT 12 75A-56 ER No. 2017-161, GPA No. 2020-03 & TM No. 20202-01 1122 N. Bewley Street The Final MND and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/maior-planning-proiects-and-monthly-development- proiect-reports/bewley-street Physical copies are also available for viewing by appointment only. Please contact PlanningDepartment@santa-ana.org before visiting the Planning Division public counter located at: 20 Civic Center Plaza, Santa Ana, CA 92701 Exhibit 12 — Link to MND 75A-57 EXHIBIT 2 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-161 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-03 AND TENTATIVE TRACT MAP NO. 2020-01 FOR THE PROJECT LOCATED AT 1122 NORTH BEWLEY 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. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map No. 2020-01 in order to facilitate the construction of a 10-unit condominium development at 1122 West Bewley Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines 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 a Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. Resolution No. 2020-xx 75A-58 Page 1 of 4 E. On May 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2017-161 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the MND were made available for a 30-day public review and comment period at the Santa Ana City Hall and on the project webpage on the City's website. G. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit A, and incorporated herein by reference. H. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt and approve MND, ER No. 2017-161 and the related MMRP for the project. On September 1, 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 MND, ER No. 2017-161, and the related MMRP 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2017-161, prepared with respect to this project. 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. Section 3. The City Council hereby adopts the MND and adopts the MMRP, 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 Planning Commission Action dated July 13, 2020, the Request for Council Action dated September 1, 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 Resolution No. 2020-xx 75A-59 Page 2 of 4 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 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, referendum, and other 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 6. 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. Miguel A. Pulido Mayor Resolution No. 2020-xx 75A-60 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ./ Lisa Storck Assistant City Attorney 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 12020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-61 Page 4 of 4 EXHIBIT A BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration 4.0 MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and Reporting Checklist, has been prepared for the Bewley Street Townhomes Project (project). This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the City of Santa Ana Bewley Street Townhomes Project file. This Mitigation Monitoring and Reporting Program (MMRP) delineates responsibilities for monitoring the project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: The City distributes reporting forms to the appropriate entities for verification of compliance. Departments/agencies with reporting responsibilities will review the IS/MND, which provides general background information on the reasons for including specified mitigation measures. Problems or exceptions to compliance will be addressed to the City as appropriate. Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. June 2020 4.1 Mitigation Monitoring and Reporting Program 75A-62 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the MMRP continues to satisfy the requirements of Public Resources Code Section 21081.6. June 2020 4-2 Mitigation Monitoring and Reporting Program 75A-63 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Checklist Mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance Initials Date Remarks Number Responsibility Timing Responsibility Timing BIOLOGICAL RESOURCES If ground -disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat are scheduled within the avian nesting season (generally from February 1 through August 31), a pre -construction clearance survey for nesting birds shall be conducted within three days prior to any ground disturbing activities. The biologist conducting the clearance Qualified Three Days City Santa Three Days survey shall document the negative Biologist/ Prior to P l anning Ana Planning Prior to BIO-1 results 9 no active bird nests are Construction Construction/ and Building Construction/ observed on the project site during the Contractor During Agency During clearance survey with a brief letter Construction Construction report indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and June 2020 4-3 Mitigation Monitoring and Reporting Program 75A-64 BEWLEY STREET TOWNHOMES PROJECT Final Initial StudylMifigated Negative Declaration Mitigation Mitigation Measure Implementation Implementation. Monitoring Monitoring Verification of Compliance to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Results of the pre -construction survey and any subsequent monitoring shall be provided to the California Department of Fish and Wildlife (CDFW) and other appropriate agency. CULTURAL RESOURCES If previously unidentified cultural resources are encountered during ground -disturbing activities, work in the immediate area shall halt and a qualified archaeologist, defined as an archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for archaeology, shall be contacted immediately to evaluate the find. If necessary, the evaluation may require Qualified During Ground- City of Santa During CUL-1 preparation of a treatment plan and Archaeologist/ Disturbing Ana Planning Ground- archaeological testing for California Construction Activities and Building Disturbing Register of Historical Resources Contractor Agency Activities (CRHR) eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. In the event that an identified cultural resource is of Native American origin, the qualified archaeologist shall consult with the June 2020 44 Mitigation Monitoring and Reporting Program 75A-65 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Mitigation I Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance project owner and City of Santa Ana to implement Native American consultation procedures. GEOLOGY AND SOILS If evidence of subsurface paleontological resources is found during construction, excavation and other construction activity in that area shall cease and the construction contractor shall contact the City of Santa Ana Planning and Building Agency Director. With direction from Qualified City of Santa the Planning and Building Agency Paleontologist/ During Ana Planning During GEO-1 Director, a qualified paleontologist Construction Construction and Building Construction certified by the County of Orange shall Contractor Agency evaluate the find prior to resuming grading in the immediate vicinity of the find. If warranted, the qualified paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of the identified resource(s). NOISE Prior to issuance of a grading permit, the Applicant shall prepare a paving control plan to ensure that the paving Prior To Prior To construction phase does not result in Project Issuance of a City of Santa Issuance of a NOW damage to existing residences to the damage Applicant/ GraPermit/ Ana Planning Grading and south of the site. The Construction During i and Building Permit/ paving control plan shall be subject to Contractor Construction Agency Agency During the City of Santa Ana Planning and Construction Building Agency's approval. To reduce groundborne vibration levels, June 2020 45 Mitigation Monitoring and Reporting Program 75A-66 BEWLEY STREET TOWNHOMES PROJECT rat Initial Study/Mitigated Negative Declaration mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance the paving control plan shall stipulate that static (non -vibratory) rollers be used, as an alternative to vibratory rollers, within 20 feet of the northern and southern residences (Assessors Parcel Number [APN] 938-700-52 through -67 and 198-101-08)located approximately 16 feet to the north and 18 feet to the south, respectively. Vibratory roller operations shall be prohibited within 20 feet of APN 938- 700-52through -67 and 198-101-08. TRIBAL CULTURAL RESOURCES Prior to the issuance of any permits for _ initial site clearing (such as pavement removal, grubbing, tree removals) or issuance of permits allowing ground Prior to disturbing activities that cause Issuance of excavation to depths greater than IssuaPrior nce Permits for Permits f artificial fill (including boring, grading, Permits for Permits for Initial Site excavation, drilling, potholing or Project Initial Site Clearing/ auguring, and trenching), the City of Applicant/ Clearing/ During City of Santa During Santa Ana shall ensure that the project Qualified Native Ground- Ana Planning Ground - TCR-1 applicant/developer retain qualified American Disturbing and Building Disturbing Native American Monitor(s). The Monitor(s)/ Activities That Agency Activities That Monitor(s) shall be approved by the construction Cause Cause tribal representatives of the Gabrieleno Contractor Excavation to Excavation to Band of Mission Indians — Kizh Nation Depths Greater Depths and be present on -site during initial t han Artificial Fill Greater than site clearing and construction that Artificial Fill involves ground disturbing activities that cause excavation to depths greater than artificial fill. June 2020 4-6 Mitigation Monitoring and Reporting Program 75A-67 BEWLEY STREET TOWNHOMES PROJECT Final Initial StudylMitigated Negative Declaration P MiggaBon 11111kiption Measure Implementation Implementagon Monitorng Monitoring Verification of Compliance The Monitor(s) shall conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered. The Native American Monitors) shall complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on - site monitoring shall end when grading and excavation activities of native soil (I.e., previously undisturbed) are completed, or when the tribal representatives and monitor have indicated that the site has a low potential for tribal cultural resources, whichever occurs first. In the event that tribal cultural resources are inadvertently discovered during ground disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist in cooperation with the Native American Monitor(s) to determine if the potential resource meets the CEQA definition of historical State CEQA Guidelines 15064.5 a June 2020 4.7 Mitigation Monitoring and Reporting Program 75A-68 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration ,A Mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification Compliance and/or unique resource (Public Resources Code 21083.2(g)). Construction activities can continue in other areas. If the find is considered an "archeological resource" the archaeologist, in cooperation with Native American Monitor(s) shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage, and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. If a tribal cultural resource cannot be preserved in place or left in an undisturbed state, recovery, salvage, and treatment shall be required at the project applicant's expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation in an established accredited professional repository. June 2020 4-8 Mitigation Monitoring and Reporting Program 75A-69 EXHIBIT 3 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-03 FOR THE PROPERTIES LOCATED AT 1102, 1114, 1122, 1210, 1212, 1214, 1216, 1218 AND 1222 NORTH BEWLEY STREET, 3625 WEST ELEVENTH STREET, AND 3704 WEST WASHINGTON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 to amend the General Plan land use designation of the property at 1122 North Bewley Street from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 10-unit condominium development. B. In addition, the City of Santa Ana is proposing to change the land use designation of adjacent properties at 1102, 1114, 1210, 1212, 1214, 1216, 1218 and 1222 North Bewley Street, 3625 West Eleventh Street, and 3704 West Washington Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2020-03. D. On September 1, 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 GPA No. 2020-03, 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 General Plan Amendment consists of amendments to the Land Use Element and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. 75A-70 Resolution No. 2020-xx Page 1 of 5 Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. However, the zoning of the project area is Two -Family Residential (R- 2) which allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the properties are inconsistent. ii. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. This change is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. iii. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 states a desire maintain and foster a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 facilitates diverse types, prices and size of housing, including single-family homes, apartments, 75A-7 Resolution No. 2020-xx Page 2 of 5 townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale condominium product with units that range in bedrooms and size. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2020-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2020, the Request for Council Action dated September 1, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. The City Council approves GPA No. 2020-03 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Land Use Element map and text shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. B. The General Plan Amendment shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-161 are adopted by the City Council. Section 7. 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, referendum, and other 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 75A-72 Resolution No. 2020-xx Page 3 of 5 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 8. 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 By , r% Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2020-xx Page 4 of 5 75A-73 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 Date: Clerk of the Council City of Santa Ana 75A-74 Resolution Page 5 of 5 EXHIBIT A City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division 0 Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA 2020 03 (Pending) GPA 2020-01 (April 21, 2020) GPA 2018 04 (December 31, 2019) GPA 2019 02 (Ocober 1, 2019) GPA 2019 01 (June 4, 2019) GPA 2017 03 (June 4, 2019) GPA 2018-05 (December 4, 2018) GPA 201803(September 18, 2018) GPA 2018-02(May 15, 2018) GPA 201501 (May 15, 2018) GPA 201702(December 19,2017) GPA 2017-01 (June 20, 2017) GPA 201603(February 21, 2017) GPA 201602(May 17, 2016) GPA 2016-01 (April 19, 2016) GPA 201503 (February 2, 2016) GPA 201402 (October 21, 2014) GPA 201401 (June 3, 2014) GPA 2011-03 (March 19, 2012) GPA 2011-02 (June 6, 2011) GPA 2010-01(June 7, 2010) GPA 2008-02 (July 20, 2009) GPA 200703(May 18, 2009) GPA 200403 (February 2, 2009) GPA 2008-01 (May 5, 2008) GPA 2007 02 (June 18, 2007) GPA 2007-01 (March 19, 2007) GPA 2006-01 (October 2, 2006) GPA 200501 (December 5, 20051 GPA 200502 (October 17, 2005) GPA 200401 (April 5, 2005, as passed by the voters of Santa Ana) GPA 200404 (July 19, 2004) GPA 200406 (July 6, 2004) GPA 200302 (June 16, 2003) GPA 200301 (February 18, 2003) GPA 2002-01 (September 3, 2002) GPA 2002-03 (August 19, 2004 GPA 2001-03 (February 19, 2002) GPA 200102 (January 7, 2002) GPA 2000-09 (May 7, 2001) GPA 2000-08 (February 5, 2001) GPA 2000-03 (December 4, 2000) GPA 2000-02 (November 20, 2000) GPA 1999-02 (October 18,1999) GPA 1999-01 (August 16, 1999) GPA 1998-04 (October 5, 1998) GPA 1998 05 (September 21, 1998) GPA 1998-01 (May 4,1998) 75A-75 F- I Ir C (0 a A CD WC r\ 4z w a a 0 75A-76 € v x va.ve E cc d as Q P � ti m v°1i d 'co y e A rc s f >(nLL ggfl 10,E tAoF 9€�$ti o d J N 2 o o ?m'.m o85s,..3,�.3�a«ootlg z C 11III. N ��� �.Lddn�G r' ddd�p''f'�J'd C�A.�ry F1'��^..'da� 2 75A-77 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in three other designations: District Center, One Broadway Plaza District Center, and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City 6 463.76;6&+ acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 421.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 369.1' 614 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN 75 " -78 A-19 LAND USE ELEMENT Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 21,896 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,669 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in TableA-4, three of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 77,315q4-,28+ to 96,565 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout CITY OF SANTA ANA GENERAL PLAN 75A-79 A-33 LAND USE ELEMENT Table A-4 Land Use Plan Build -out Capacities Intensity/ Effective Buildout' Theoretical Land Use Residential Acres Densitt Buildout Low Density Residential L9-7 6 463.7 7 du/ac 45 646 6,468 4 IC�76 du Low Medium Density Residential LMR-11 421.6 11 du/ac 4,638 du Medium Density Residential MR-15 3691 15 du/ac C,p 5,536 du Subtotal 7,254.4 96,565 du' S5 619 Non Res. Non -Res. 55;385 du Mixed Use District Center Res. Res. Other' DC 309.5 90 du /ac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 sf 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du 54,090 sf 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661du 2,057,824 sf 1,661 du Metro East DC 113.9 FAR 0.75- 3.0 2,464,776 sf 5,037 du 2,464,776 si 5,037 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 si 2,029 du One Broadway Plaza District CtO OBPDC 4.3 FAR 2.9 310,000 sf 415 du 310,000 si 415 du Urban Neighborhood UN 317.0 FAR 0.5-3.0 1,656,955 sf 5,755 du 1,656,955 sf 5,755 du Subtotal Commercial 1,002.4 20,738,247 sf 21,896 du 32,547,198 sf 21,896 du Professional & Admin. Office PAO 600.8 FAR 0.5-1.0 13,085,424 sf 26,170,848 s General Commercial GC 1 859.6 FAR 0.5-1.0 1 18,722,983 sf 37,445,967 s Subtotal Industrial 1,460.4 31,808,407 sf 63,616'815 sf Industrial I IND 1 2,152.81 FAR 0.45 1 42,199,991 sf 1 42,199,991 s Other Institutional I INS 1 800.61 FAR 0.2-0.5 1 6,974,740 sf 1 17,436,850 s Open Space OS 1,010.9 1 FAR 0.2 1 8,806,961 sf 1 8,806,961 s Subtotal 1,811.5 1 1 15,781,701 sf 1 26,243,811 sf FAR=floor area ratio; d.u.=dwelling unit; s.f.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. ' Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,896 units possible in the District Center and Urban Neighborhood with the existing 74,669 (Census 2000) housing units. 2 land use designation permits both residential and non-residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. 3 land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75 " -Q U A-35 EXHIBIT 4 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2020-01 AS CONDITIONED TO CREATE A SUBDIVISION OF TEN (10) CONDOMINIUM UNITS AT 1122 NORTH BEWLEY 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. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval Tentative Tract Map (TTM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. B. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving TTM No. 2020-01, as conditioned. C. On September 1, 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 TM No. 2020-01, 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. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (SAMC). Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for tentative tract maps are approved when certain findings can be established. E. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve TTM No. 2020-01, have been established as required by Section 34-127 of the SAMC and the SMA: 1. The proposed project and its design and improvements are consistent with the proposed Medium Density Residential (MR-15) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements are consistent with various provisions of the City's Zoning Code Resolution No. 2020-xx 75A-81 Page 1 of 8 and General Plan with approval of General Plan Amendment (GPA) No. 2020-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 encourages the maintenance and fostering of a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Goal 2 of the Housing Elements encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels. Further, Policy 2.5 of the Housing Element encourages developments that facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multi-use housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale product with units that range in bedrooms and size. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project is consistent with the City's zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residence (R-2) zoning district which allows for two family residences and townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions, and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance and will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the SMA. Resolution No. 2020-xx 75A-82 Page 2 of 8 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 0.87 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood and with the R-2 zoning district development standards. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design and improvements of the project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the Resolution No. 2020-xx 75A-83 Page 3 of 8 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. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. TTM No. 2020-01 shall not be effective until the City Council reviews, approves and adopts the MND ER No. 2017-161 and General Plan Amendment No. 2020-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force 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, referendum, and other 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 approves Tentative Tract Map No. 2020- 01 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2020, and exhibits attached thereto; and the Request for City Council Action dated September 1, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2020-xx 75A-84 Page 4 of 8 ADOPTED this day of , 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �-- .!� Lisa Storck Assistant City Attorney 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-85 Page 5 of 8 10"111-11 Conditions of Approval for Tentative Tract Map No. 2020-01 Tentative Tract Map No. 2020-01 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, the California Subdivision Map Act, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Development Project plan approved per DP No. 2017-35. 2. Any amendment to this tentative tract map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the R-2 landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. In addition, vines shall be planted along perimeter walls and be spaced every 10 feet. 4. Applicant must submit Covenants, Conditions, and Restrictions (CC&Rs) for the project to the Planning Division for review and approval prior to the Final Map being recorded. 5. The Final Map must be approved and recorded prior to issuance of Building permits. 6. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. Resolution No. 2020-xx Page 6 of 8 75A-86 7. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. 8. A Property Maintenance Agreement shall be recorded prior to the issuance of Building permits and shall be subject to review and approval 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 or incorporate the form of this condition within the Projects CC&R's 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); Resolution No. 2020-xx Page 7 of 8 75A-87 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 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 and 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; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2020-xx Page 8 of 8 75A-88 EXHIBIT 5 ER No. 2017-161, GPA No. 2020-03 & TM No. 20202-01 1122 N. Bewley Street The Final MND and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/maior-planning-proiects-and-monthly-development- proiect-reports/bewley-street Physical copies are also available for viewing by appointment only. 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U EVv s P A PPOPEPtt LINE Z ` [ ROOF PLAN BEWLEYSTREET 10 UNIT �sma "� ��7w (.J COND U DEV L P NT m — N. v s ,4 — 8 $ d ) } } � , ; . } \ / \ \ } 27� \ 1 ( ) .0 \ �_ mWAEA M, ))) )(( k >!;l;,PROPOSED / ;, ( SECTIONS Co ~ { %\`e \\ � �_ .6PPdVPPPY Q >- U C9w z d z owQ J 0] Q Z Z m N CO 75A.11 CI: 0 � w m� d d NO z CO e� • I sJAI �q!! I N U) I 75A-114 N .01 M i PRELIMINARY MULTI -FAMILY RESIDENTIAL " `> LANDSCAPE PLAN T22N. ew er T. N b_ = o®o o®o o®o poi poi o 0 m a a a�.aa..aa z m w w w w w � W;� EXHIBIT 7 We invite you to a Virtual Informational Meeting for the Bewley St. Condos- 1122 N. Bewley St. Han sido invitados a una junta informativa virtual para los Bewley St. Condos-1122 N. Bewley St. Ch6ng toi mdi qui vi tham du' cuoc hop thong tin ao cho Khu nha pho mdi 1122 N. Bewley St. Santa Ana. Tuesday, July 28th Martes, 28 de Julio 5:30 to 6:30 PM Zoom Meeting Hosted by YNG Architects Meeting ID: 856 5123 3329 Passcode:815825 By phone- Dial +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) Join Zoom Meeting via Zoom App (online) https://us02web.zoom. us/m/85651233329?Pwd=VXZCdG VBe DJ nb Vl2a m FmQO9tTI RX UT09 One tap mobile +16699006833„85651233329#...... 0#„815825# US (San Jose) +13462487799„85651233329#...... 0#„815825# US (Houston) 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, comprising of 2- story attached townhomes, for a total of 10 homes. Each townhouse will have an attached 2-car garage. Additionally there will be 20 onsite parking spaces for guests. 1122 N. Bewley St. es un nuevo desarrollo residencial multifamiliar en Santa Ana. El desarrollo previsto tendra 4 edificios nuevos que van a constar de casas adosadas unidas de 2 niveles, para un total de 10 hogares. Coda casa adosada tendra un garaje para dos carros unidos al primero piso y 20 espacios para visitas en el sitio. 1122 N. Bewley la mot khu da"n cu' mdi clu'dc phat trien d Santa Ana. Du' an phat trien se cd 4 toa nha mdi, bao gom nha pho 2 tang, vdi tong so 10 can nha. Moi nha pho se cd 2 xe garage. Ngoai ra, se cd them 20 cho da"u xe danh cho khach. We are hosting an informational meeting to share the project with our neighborhood residents. The Owner, Architect, and City Planner will be available to answer questions. Spanish and Vietnamese speakers available. Estaremos presentando una junta informativa para compartir el proyecto con nuestro residentes del vecindario. El dueho, arquitecto, y planificador de la ciudad estarcin disponibles para contestar sus preguntas. Tambien tendremos un traductor en Espahol y Viatnamita Ch6ng toi clang to chirc mot cuoc hop thong tin de"' chia se du' an vdi cac cu' da"n gan khu pho c6a ch6ng toi. Chu dau tu', Kien tr6c su'va City Planner se san sang tra Idi cac cau hdi c6a qui vi. Ch6ng toi c"ung se cd mot ngu'di ndi tieng Tay Ban Nha c"ung nhu'tieng Viet. We look fo7SA Ae1r®g with you! Addkional project infoimabon can be found at: hitps://w,santa-ana,org/pNplanningdiision/major-planning-pmjects.nd-monthly-developmenbpmject-reports/6 ley -street PUBLIC HEARING: RESIDENCE OF THE CITY OF SANTA ANA via "ZOOM" (VIDEO CONFERENCE MEETING) PRESENTING DEVELOPMENT PLANS FOR 10 UNIT TOWNHOMES ON 1122 BEWLEY STREET, SANTA ANA, CA WHEN: TUESDAY, JULY 28, 2020 TIME ALLOTTED: 5:30pm — 6:30pm ATTENDEES: YENNY NG (ARCHITECT) CLAUDIA NELSON (ASSISTANT TO ARCHITECT) JERRY GUEVARA (CITY PLANNER) MIA LAN NGUYEN HUONG (PROPERTY OWNER) KIM LOAN NGUYEN (PROPERTY OWNER) RON OGNAR (SANTA ANA RESIDENT) DAN NGUYEN (SANTA ANA RESIDENT) MEETING COMMENCEMENT: 5:30 p.m. City Planner opened meeting with greeting to the public and suggested to wait to give others opportunity to join meeting. SAO p.m. City Planner stated that the architectural plans dated 07/13/20 have been reviewed & approved by the Planning Commission and recommended to the City Council for approval. The City Planner clarified that the intent of the meeting is an informational meeting to discuss the project and inform the public of the project's next steps. If public have any questions outside the agenda which pertains to this project, City Planner indicated her will provide his email address to contact him and he would be glad to answer any questions. 5:43 p.m. Yenny Ng (Architect) gave a brief but detailed description of the project. • This project consist of (10) townhome units. 2 story units • Departments that reviewed the project included: o Orange County Fire Authority o Waste Management o Public Works Agency o Planning & Building Agency • This project is comprised of (4) separate buildings o Building A—(3)separate units —(2)bedrooms/unit —Smallest insgft. • Located closest to Bewley Street • The garages are located behind the building o Building B — (4) separate units in two (2) buildings— (4) bedrooms/unit • Largest units in sq ft. o Building C— (3 ) separate units —3 bedroom • Public Amenities o Picnic area, Playground, Covered Patio — 2500 sq. ft open space for (10) Units • Community —Mail boxes, Trash Enclosures Pa eIof2 75A-119 • All units have private open space of at least 250 SF o Balcony o Side Yard o Backyard • All units have 2-car garages/unit • Parking provision — Private parking spaces for residents and guests only — (4) parking spaces per unit • Architectural Style - All buildings are designed with the "Craftsman" Style. Every unit has its own unique appearance yet all designed in the similar craftsman Style. • Design intent - to provide a fresh and dynamic new development that respects the City's and neighborhood's architectural heritage but will elevate the quality of the housing in the area while keeping the cost of the new units at competitive market values. 5:50 p.m. Q & A: Dan Nguyen *Resident) asked about the square footage of the 2 bedroom units & the square footage of the private open space. Yenny Ng provided that information for each unit. Mr. Dan Nguyen expressed his approval and that he is in favor of this project . 6:10 p.m. MEETING ADJOURNED CLOSING STATEMENTS: City Planner suggested to schedule another community outreach before the City Council Meeting set for September 1", 2020. Pa e2of2 75A-120 We invite you to a Virtual Informational Meeting for the Bewley St. Condos- 1122 N. Bewley St. Han sido invitados a una junta informativa virtual para los Bewley St. Condos-1122 N. Bewley St. Chung toi mbi qui vi tham dupcuoc hop thong tin ao cho Khu nha pho mbi 1122 N. Bewley St. Santa Ana. Tuesday, August 25th Martes, 25 de Agosto 5:30 to 6:30 PM Zoom Meeting Hosted by YNG Architects Meeting ID: 882 8743 8869 Passcode:583139 Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) Join Zoom Meeting httos://us02web.zoom.us/m/88287438869?pwd=dl R5bFRkZm1 hZTk303JvOWdFaW9gOT09 One tap mobile +16699006833„88287438869#...... 0#„583139# US (San Jose) +13462487799„88287438869#...... 0#„583139# US (Houston) 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, comprising of 2- story attached townhomes, for a total of 10 homes. Each townhouse will have an attached 2-car garage. Additionally there will be 20 onsite parking spaces for guests. 1122 N. Bewley St. es un nuevo desarrollo residencial multifamiliar en Santa Ana. El desarrollo previsto tendra 4 edificios nuevos que van a constar de casas adosadas unidas de 2 pisos, para un total de 10 hogares. Cada casa adosada tendra un garage para dos carros unidos al primer piso y 20 espacios para visitas en el sitio. 1122 N. Bewley la mot khu d6n cupmbi dupoc phat tridn d Santa Ana. Dugan phat trien se ca 4 taa nha mbi, bao gom nha pho 2 tang, vbi tong so 10 can nha. Moi nha pho se ca 2 xe garage. Ngoai ra, se ca them 20 cho dau xe danh cho khach. We are hosting an informational meeting to share the project with our neighborhood residents. The Owner, Architect, and City Planner will be available to answer questions. We will also have a Spanish and Vietnamese speaker available. Estaremos presentando una junta informativa para compartir el proyecto con nuestro residentes del vecindario. El dueno, arquitecto, y planificador de la ciudad estaran disponibles para contestar sus preguntas. Tambien tendremos un traductor en Espanol y Viatnamita. Chang toi Bang td chdc mot cuoc hop thong tin de chia se dLP6n vbi cac cupd6n gan khu pho cua thong toi. Chu dau tu, Kien trot sup va City Planner se son sang tra I&i cac c6u hof cua qui v.i. Chang toi cling se ca mot ngupbi nai tieng Tay Ban Nha cling nhuptieng Viet. We look forward to hearing from you! iEsperamos verte! Chang toi rat many muon dupoc nghe y kien va long gap cua qui vi. 75A-121